DETAILED ACTION
This Office Action is in response to the application filed January 2, 2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending. Claims 1-20 stand rejected as set forth below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 3 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 3, the phrase “a decorative cover to match or compliment the furniture item” is indefinite as it is unclear what the matching or complimenting actually requires. Matching the size? Matching the color? What is complimenting? Does that mean the opposite or a color or size or some other attribute? Broadly speaking, any object could “match or compliment” another object, it is all in the eye of the beholder. Thus, for the purpose of this office action the examiner assumes any cover could be decorative to match or compliment a furniture item. The examiner also notes the furniture item is not positively claimed, thus claiming something in relation to an unclaimed element is indefinite as well.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Storm (US 6,601,677).
In regard to Claim 1, Storm discloses a hideaway stair assembly, comprising: a housing (10) (Fig 1): a plurality of steps (16, 18, 20) at least partially retained within the housing in a retracted configuration and the plurality of steps at least partially extended from the housing in an extended configuration (Fig 1), the plurality of steps coupled to a shaft (42, 82, 182) coupled to a flexible shaft coupling (41, 81) (Fig 2) (col 7, lines 45-59) (col 8, lines 38-46); and a motor (40, 80) to drive the shaft and move the plurality of steps between the retracted configuration and the extended configuration, the housing to provide steps for conveniently accessing a furniture item (Fig 1) (col 7, lines 45-59) (col 8, lines 38-46).
In regard to Claim 2, Storm discloses the assembly as described above, wherein the housing includes a top cover (14) (Fig 1).
In regard to Claim 3, as best understood by the examiner, Storm discloses the assembly as described above, wherein the housing is provided with a decorative cover to match or compliment the furniture item (Fig 1).
In regard to Claim 4, Storm discloses the assembly as described above, wherein the motor is in electrical communication with a PCB board (col 10, line 65-col 11, line 9).
In regard to Claim 8, Storm discloses the assembly as described above, wherein the housing includes a bottom (bottom of 15) (Fig 1), the bottom including a plurality of bases contacting a ground surface (each of sides 15 has a base at the bottom that contacts floor 12) (Fig 1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Storm as applied to claim 1 above, and further in view of Lyons (US 6,050,366).
In regard to Claims 5-7, Storm discloses the assembly as described above, but does not specifically disclose the PCB board is in electrical communication with a user interface on/off or in/out button. Lyons teaches a user interface switch used to control a stair to move the stairs in/out and on/off (col 6, lines 44-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the circuit board as disclosed by Storm to be connected to a user interface as taught by Lyons, so that the steps can be extended and/or retracted easily and only when necessary.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Storm as applied to claims 1 and 8 above, and further in view of Freund (US Pub 2013/0212960).
In regard to Claim 9, Storm discloses the assembly as described above, but does not disclose the plurality of bases include an adhesive surface. Freund teaches a plurality of bases include an adhesive surface [0025]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Storm to include adhesive on the bases as taught by Freund, in order to better secure the assembly in place as is old and well known in the art.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Storm as applied to claims 1 and 8 above, and further in view of Deamer (US Pub 2022/0016541).
In regard to Claim 10, Storm discloses the assembly as described above, but does not disclose the bottom includes a plurality of wheels to facilitate movement of the apparatus. Deamer teaches the bottom includes a plurality of wheels to facilitate movement of the apparatus [0028]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Storm to include a plurality of wheels in the bottom as taught by Deamer, since as Deamer states in paragraph 0028 that they will assist in positioning the assembly in place.
Claims 11-13, 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Storm in view of Waites et al. (US 10,577,804) (hereinafter Waites).
In regard to Claim 11, Storm discloses a hideaway stair assembly, comprising: a housing (10) (Fig 1): a plurality of steps (16, 18, 20) at least partially retained within the housing in a retracted configuration and the plurality of steps at least partially extended from the housing in an extended configuration (Fig 1), the plurality of steps coupled to a shaft (42, 82, 182) coupled to a flexible shaft coupling (41, 81) (Fig 2) (col 7, lines 45-59) (col 8, lines 38-46); and a motor (40, 80) to drive the shaft and move the plurality of steps between the retracted configuration and the extended configuration, the housing to provide steps for conveniently accessing a furniture item (Fig 1) (col 7, lines 45-59) (col 8, lines 38-46); a PCB in electrical communication with the motor and a user interface to permit the selective extension and retraction of the plurality of steps (col 10, line 65-col 11, line 9). Storm is silent as to providing LED lights.
Waites teaches at least one LED provided on each of the plurality of steps (col 5, line 51-col 6, line 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stair assembly of Storm to include LED lights on each tread as taught by Waites, in order to illuminate the stairs so that they are easier to see in the dark.
In regard to Claim 12, Storm discloses the assembly as described above, wherein the housing includes a top cover (14) (Fig 1).
In regard to Claim 13, as best understood by the examiner, Storm discloses the assembly as described above, wherein the housing is provided with a decorative cover to match or compliment the furniture item (Fig 1).
In regard to Claim 16, Storm discloses the assembly as described above, wherein the housing includes a bottom (bottom of 15) (Fig 1), the bottom including a plurality of bases contacting a ground surface (each of sides 15 has a base at the bottom that contacts floor 12) (Fig 1).
In regard to Claim 19, Storm discloses the assembly as described above, wherein each of the plurality of steps include one or more channels (26, 28, etc.) each accepting a roller to guide the extension and retraction of each of the plurality of steps (Fig 1a) (col 6, line 61-column 7, line 6).
In regard to Claim 20, Storm discloses a hideaway stair assembly, comprising: a decorative housing (10) (Fig 1): a plurality of steps (16, 18, 20) at least partially retained within the housing in a retracted configuration and the plurality of steps at least partially extended from the housing in an extended configuration (Fig 1), the plurality of steps coupled to a shaft (42, 82, 182) coupled to a flexible shaft coupling (41, 81) (Fig 2) (col 7, lines 45-59) (col 8, lines 38-46); a motor (40, 80) to drive the shaft and move the plurality of steps between the retracted configuration and the extended configuration, the housing to provide steps for conveniently accessing a furniture item (Fig 1) (col 7, lines 45-59) (col 8, lines 38-46); at least one channel (26, 28, etc.) to each accept a roller to guide the extension and retraction of each of the plurality of steps (Fig 1a) (col 6, line 61-column 7, line 6); a PCB in electrical communication with the motor and a user interface to permit the selective extension and retraction of the plurality of steps (col 10, line 65-col 11, line 9). Storm is silent as to providing LED lights.
Waites teaches at least one LED provided on each of the plurality of steps (col 5, line 51-col 6, line 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stair assembly of Storm to include LED lights on each tread as taught by Waites, in order to illuminate the stairs so that they are easier to see in the dark.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Storm in view of Waites as applied to claim 11 above, and further in view of Lyons.
In regard to Claims 14 and 15, Storm discloses the assembly as described above, but does not specifically disclose the PCB board is in electrical communication with a user interface on/off or in/out button. Lyons teaches a user interface switch used to control a stair to move the stairs in/out and on/off (col 6, lines 44-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the circuit board as disclosed by Storm to be connected to a user interface as taught by Lyons, so that the steps can be extended and/or retracted easily and only when necessary.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Storm in view of Waites as applied to claims 11 and 16 above, and further in view of Freund.
In regard to Claim 17, Storm discloses the assembly as described above, but does not disclose the plurality of bases include an adhesive surface. Freund teaches a plurality of bases include an adhesive surface [0025]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Storm to include adhesive on the bases as taught by Freund, in order to better secure the assembly in place as is old and well known in the art.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Storm in view of Waites as applied to claims 11 and 16 above, and further in view of Deamer.
In regard to Claim 18, Storm discloses the assembly as described above, but does not disclose the bottom includes a plurality of wheels to facilitate movement of the apparatus. Deamer teaches the bottom includes a plurality of wheels to facilitate movement of the apparatus [0028]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Storm to include a plurality of wheels in the bottom as taught by Deamer, since as Deamer states in paragraph 0028 that they will assist in positioning the assembly in place.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See list of references on PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Mattei whose telephone number is (571)270-3238. The examiner can normally be reached Monday to Friday 8:00 to 5:00.
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/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635