Notice of Pre-AIA or AIA Status
This is in response to the application filed on February 7, 2024. Claims 1-13 stand rejected as set forth below. The present application, filed on or after March 16, 2013, is being examined under the first
inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Flory (US 6345475) and further in view of Anderson (US 20180044940).
In regard to Claim 1, Flory discloses a stair barrier system configured for positioning on a staircase, the stair barrier system comprising: first and second barriers (barriers 1), each barrier having a body portion (screen or mesh 6), and a base portion (latch receptacle 3, lower support 4) (Fig 1) [Col 1, lines 26-28]; wherein each body portion has a body height greater than a body width (Fig 1, 2), wherein each base portion (latch receptacle 3, lower support 4) includes a first end (latch receptacle 3) and a second end (lower support 4) and has a base width greater than the body width (Fig 1, 2); and wherein the body portion (screen or mesh 6) of the first barrier is above the first end of the base portion, and wherein the body portion of the second barrier is above the second end of the base portion (latch receptacle 3, lower support 4) (Fig 1). Flory does not disclose an adjustable member, wherein the adjustable member is adapted to exert a force on a side surface perpendicular to the staircase. Anderson discloses a base portion (horizontal base member 5), and an adjustable member (attachment means 20), wherein the adjustable member is adapted to exert a force on a side surface perpendicular to the staircase (Fig 1, 2) [0016]; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alter the stair barrier system of Flory to include a base with an adjustable member in order to securely fasten the support system to both sides of the stairs.
In regard to Claim 2, Flory and Anderson disclose the stair barrier system of claim 1 as described above. Anderson discloses wherein the adjustable member (attachment means 20) includes an aperture (recess 29) configured to removably receive an extendable insert (tube 30) adapted to exert the force on the side surface perpendicular to the staircase (Fig 2) [0016].
In regard to Claim 3, Flory and Anderson disclose the stair barrier system of claim 2 as described above. Anderson discloses a first bumper (friction block 27) affixed to the extendable insert (tube 30); and a second bumper (friction block 27) affixed to the second end of the base portion (horizontal base member 5), wherein the second bumper (friction block 27) exerts a force on a second side surface opposite from the side surface, the second side surface perpendicular to the staircase (Fig 2) [0016].
Claims 4, 5, 8, 9, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable Flory (US 6345475) and Anderson (US 20180044940) and further in view of Somerville (US 5743053).
In regard to Claim 4, Flory and Anderson disclose the stair barrier system of claim 1, but do not include a securing member. Somerville discloses a stair barrier system further including a securing member (flap 32) adapted to attach the first and second barriers to respective rails on the staircase (Fig 6) [col 3, lines 31-60]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alter the stair barrier system of Flory and Anderson to include a securing member in order to attach the barrier system to a stair rail and prevent unwanted movement.
In regard to Claim 5, Flory, Anderson, and Somerville disclose the stair barrier system of claim 4 as described above. Somerville discloses wherein the securing member (flap 32) is at least one of a cord, a wire, a cable tie, or a hook and loop strap system (Fig 6) [col 3, lines 31-60].
In regard to Claims 8 and 12, Flory discloses a stair barrier system and a method of making said stair barrier system configured for improving safety while descending and ascending a staircase. Flory discloses the stair barrier system comprising: a plurality of barriers (barriers 1) staggered in an alternating manner on the staircase, each barrier having a body (screen or mesh 6) and a base (latch receptacle 3, lower support 4) (Fig 1, 2) [col 2, lines 9-14]; and wherein each body has a height greater than a body width (Fig 1, 2), wherein each base (latch receptacle 3, lower support 4) includes a first end (latch receptacle 3) and a second end (lower support 4) and has a base width greater than the body width (Fig 1, 2); wherein the body (screen or mesh 6) of at least one of the plurality of barriers is above the first end of the base (latch receptacle 3) of at the least one of the plurality of barriers (Fig 1, 2), and wherein the body (screen or mesh 6) of at least a second one of the plurality of barriers is above the second end of the base (lower support 4) of the second one of the plurality of barriers (Fig 1); Flory does not disclose an adjustable extending member or securing cord members. Anderson discloses a base (horizontal base member 5) with an adjustable extending member (attachment means 20), wherein the adjustable extending member (attachment means 20) is adapted to exert a force on a side surface perpendicular to the staircase (Fig 1, 2) [0016]; and wherein the adjustable extending member (attachment means 20) includes a threaded bolt (nut 25) secured within the base and a bolthead (bolt 26), the threaded bolt adapted to extend out of the base to exert a force on the side surface perpendicular to the staircase through the bolthead (Fig 1, 2) [0016]. Somerville discloses a plurality of respective securing cords (flap 32) adapted to attach the plurality of barriers to respective rails of the staircase (Fig 6) [col 3, lines 31-60]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alter the stair barrier system of Flory to include the adjustable extending member of Anderson in order to securely fasten the support system to both sides of the stairs. Additionally, it would have been obvious to include the securing member of Somerville in order to attach the barrier system to a stair rail and prevent unwanted movement.
In regard to Claim 9, Flory, Anderson, and Somerville disclose the stair barrier system of claim 8 as described above. Somerville discloses wherein each of the plurality of barriers includes a bumper (friction block 27) affixed at an upper portion of the body (vertical members 3, 4) and positioned between the body and a second side surface perpendicular to the staircase (Fig 1, 2) [0016].
In regard to Claim 13, Flory, Anderson, and Somerville disclose the stair barrier system of claim 12 as described above. Anderson discloses wherein the adjustable member (attachment means 20) includes a threaded bolt (nut 25) secured within the base portion and a bolthead (bolt 26), the method further including turning the threaded bolt to extend the threaded bolt horizontally out of the base portion (Fig 1, 2) [0016].
Claims 6 and 7 rejected under 35 U.S.C. 103 as being unpatentable over Flory (US 6345475) and Anderson (US 20180044940) and further in view of Poston (US 20090107763).
In regard to Claim 6, Flory and Anderson disclose the stair barrier system of claim 1, but does not disclose wherein each barrier has a front inclined surface and a vertical back surface. Poston discloses wherein each barrier has a front, inclined surface (curved slope I) and a vertical back surface (riser 2), the front surface and the back surface forming a wedge shape (Fig 1, 2) [0031]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alter the stair barrier system of Flory to include a front inclined surface and a vertical back surface in order to provide more stability within the barriers.
In regard to Claim 7, Flory, Anderson, and Poston disclose the stair barrier system of claim 6, wherein a widest portion (width W) of the wedge shape is at the bottom of each barrier (Fig 1).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Flory (US 6345475), Anderson (US 20180044940), and Somerville (US 5743053) and further in view of Poston (US 20090107763).
In regard to Claim 10, Flory, Anderson, and Somerville disclose the stair barrier system of claim 8 as described above, but does not disclose wherein each barrier has a front inclined surface and a vertical back surface. Poston discloses wherein each of the plurality of barriers have a front inclined surface (curved slope I) and a vertical back surface (riser 2), the front inclined surface (curved slope I) and the vertical back surface (riser 2) forming a wedge shape (Fig 1, 2) [0031]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alter the stair barrier system of Flory to include a front inclined surface and a vertical back surface in order to provide more stability within the barriers.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Flory (US 6345475), Anderson (US 20180044940), and Somerville (US 5743053) and further in view of Uche (US 20100108443).
In regard to Claim 11, Flory, Anderson, and Somerville disclose the stair barrier system of claim 8, but does not disclose that the body and base are made up of wood or metal. Uche discloses wherein the body and the base comprise of at least one of wood or metal [0011]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alter the stair barrier system of Flory, Anderson, and Somerville to be made of wood or metal in order to ensure the barriers are durable and secure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Audrey Fisher whose telephone number is (571)272-2849. The examiner can normally be reached Monday to Friday 7:30-4:30.
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/Audrey Fisher/
Examiner, Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635