DETAILED ACTION
This Office Action is in response to the application filed February 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 1-4, 7-14 and 17-20 stand rejected as set forth below. Claims 5, 6, 15 and 16 are objected to.
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 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US Pub 2019/0136625).
In regard to Claim 1, Chen discloses a ladder (Fig 7b, 7F), comprising: two side rails (100), each side rail having a cross-sectional shape defining an at least partially enclosed channel including an outer wall, first and second lateral walls extending inward from the outer wall, the first lateral wall including a first offset defining a first inner wall, each of the lateral walls extending further inward beyond the first inner wall to define first and second connecting walls of the side rail (annotated figure 7F below); and a plurality of rungs (500) extending between the side rails, each of the rungs being attached to the first and second connecting walls of the side rails (Fig 7B).
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In regard to Claim 2, Chen discloses the ladder as described above, wherein: the second lateral wall includes a second offset defining a second inner wall (see annotated figure 7F above).
In regard to Claim 3, Chen discloses the ladder as described above, wherein: the second inner wall extends laterally substantially parallel to the outer wall (see annotated figure 7F above).
In regard to Claim 4, Chen discloses the ladder as described above, wherein: the first and second inner walls are aligned with each other (see annotate figure 7F above).
In regard to Claim 12, Chen discloses the ladder as described above, wherein the first inner wall has a lateral width that is no more than three times a wall thickness of the first lateral wall (Fig 7f, they are the same).
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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Parise (US 4,974,701).
In regard to Claim 7, Chen discloses the ladder as described above, wherein each rung further comprises: a step surface wall (top) but is unclear on the structure details of the rung. Parise teaches a step surface wall (34) a support member (36) spaced apart from the step surface wall; at least two transverse walls (38) extending in an elongated direction connecting the step surface wall and the support member (Fig 3); and at least a first and a second connection flange (42’) protruding below the support member (Fig 3).
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 rungs as disclosed by Chen with a support member, transverse walls and flanges as taught by Parise, in order to provide a strong rung with ridges to reinforce the ladder as stated by Parise in column 3, lines 22-32.
In regard to Claims 8, Parise in the combination discloses the ladder as described above, wherein the first connection flange is connected to the first connection wall using a rivet (column 3, lines 17-21). Parise does not specifically disclose the rivet is a solid rivet. 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 rivet as disclosed by Parise to be a solid rivet, in order to ensure a strong connection between the rung and rail.
In regard to Claim 9, Parise in the combination discloses the ladder as described above, wherein the first connection flange is connected to the first connection wall using a rivet (column 3, lines 17-21). Parise does not specifically disclose the rivet is a blind rivet. 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 rivet as disclosed by Parise to be a blind rivet, in order to be able to attach from the outside since the inner portion of the rail is harder to access.
In regard to Claim 10, Parise in the combination discloses the ladder as described above, wherein the first connection flange is connected to the first connection wall using a rivet (column 3, lines 17-21). Parise does not disclose the attachment with adhesive. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitue the rivet as disclosed by Parise with adhesive, since adhesive is a well known alternative to rivets for quick and easy permanent connections.
Claims 13, 14, 17, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Parise.
In regard to Claim 13, Chen discloses a ladder, comprising: two side rails, each side rail having a cross-sectional shape defining an at least partially boxed shape including an outer wall, first and second lateral walls extending inward from the outer wall, the first lateral wall including a first offset defining a first inner wall extending substantially parallel to the outer wall, each of the lateral walls extending further inward beyond the first inner wall to define first and second connecting walls of the side rail (see annotated figure above); a plurality of rungs extending between the side rails, each of the rungs being attached to the first and second connecting walls of the side rails (Fig 7b), the rungs including: a step surface wall (top) but is unclear on the structure details of the rung.
Parise teaches a step surface wall (34) a support member (36) spaced apart from the step surface wall; at least two transverse walls (38) extending in an elongated direction connecting the step surface wall and the support member (Fig 3); and at least a first and a second connection flange (42’) protruding below the support member (Fig 3). 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 rungs as disclosed by Chen with a support member, transverse walls and flanges as taught by Parise, in order to provide a strong rung with ridges to reinforce the ladder as stated by Parise in column 3, lines 22-32.
In regard to Claim 14, Chen discloses the ladder as described above, wherein: the second lateral wall includes a second offset defining a second inner wall (see figure above).
In regard to Claim 17, Parise in the combination discloses the ladder as described above, wherein the first connection flange is connected to the first connection wall using a rivet (column 3, lines 17-21). Parise does not specifically disclose the rivet is a solid rivet. 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 rivet as disclosed by Parise to be a solid rivet, in order to ensure a strong connection between the rung and rail.
In regard to Claim 18, Parise in the combination discloses the ladder as described above, wherein the first connection flange is connected to the first connection wall using a rivet (column 3, lines 17-21). Parise does not specifically disclose the rivet is a blind rivet. 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 rivet as disclosed by Parise to be a blind rivet, in order to be able to attach from the outside since the inner portion of the rail is harder to access.
In regard to Claim 20, Chen discloses the ladder as described above, wherein the first inner wall has a lateral width that is no more than three times a wall thickness of the first lateral wall (Fig 7f, they are the same).
Claims 11 and 19 rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 and Chen in view of Parise as applied to claim 13 above, respectively, and further in view of Maher (US Pub 2024/0344392).
In regard to Claims 11 and 19, Chen discloses the ladder as described above, but does not disclose the material. Maher teaches wherein the two side rails are formed from a fiber reinforced plastic material [0026]. 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 rails as disclosed by Chen out of fiber reinforced plastic as taught by Maher, since as Maher states in paragraph 0026 that it would reduce weight and/or cost.
Allowable Subject Matter
Claims 5, 6, 15 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635