Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 20 is objected to because of the following informalities:
Claim 20: “extended profiles exterior shapes” should be replaced with “extended profiles with exterior shapes”.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over deLoache, III et al. (US 10,883,273), herein referred to as ‘273, in view of Walker et al. (US 9,783,990), herein referred to as ‘990.
For Claim 1, ‘273 discloses a grab bar assembly (Figure 1A), the grab bar assembly comprising:
a body (12), the body having a first end (lower end in Figure 1A) and a second end (upper end in Figure 1A), the body (12) being formed of a single body section (12);
a first end cap (14B), the first end cap (14B) being attached to the first end (lower end in Figure 1A) of the body (12);
a second end cap (14A), the second end cap (14A) being attached to the second end (upper end in Figure 1A) of the body (12), and
a first coupling and a second coupling, wherein the first and second coupling are identical to one another (fasteners/screws inserted through holes 18A, Column 2, Lines 47-50).
‘273 does not disclose wherein the first and second couplings are extended profiles having an exterior shape corresponding to an interior shape of the body and to an interior shape of the first end cap and to an interior shape of the second end cap, the first coupling extending from within a first end of the body into the first end cap and securing the first end cap to the first end of the body, the second coupling extending from within second end of the body into the second end cap and securing the second end cap to the second end of the body.
‘273 instead teaches first and second couplings (fasteners/screws inserted through holes 18A, Column 2, Lines 47-50), the first coupling (first fastener/screw inserted through hole 18A) securing the first end cap (14B) to the first end (lower end in Figure 1A) of the body (12), and the second coupling (second fastener/screw inserted through hole 18A) securing the second end cap (14A) to the second end (upper end in Figure 1A) of the body (12). ‘273 further teaches wherein the body, first end cap, and second end cap have corresponding interior shapes (as seen in Figure 2A).
‘990 teaches a grab bar assembly having a coupling (68) having an exterior shape corresponding to an interior shape of a first body section (12’) and to an interior shape of a second body section (12’’), the coupling extending from within a first end of the first body section (12’) into a first end of the second body section (12’’) and securing the second body section to the first body section.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the first and second couplings of ‘273 with couplings having an exterior shape corresponding to the interior shape of the body section and first cap and the interior shape of the body section and the second cap as taught by ‘990. One would be motivated to make such a modification in order to allow for easier assembly of the end caps onto the body section without the need for tools.
Examiner notes that the limitation “or multiple body sections” is claimed in the alternative. As the limitations preceding the term “or” have been anticipated or rendered obvious by the prior art as indicated above, the “multiple body sections” and all further limitations thereof are not required by the prior art in order to anticipated or render obvious the claim.
For Claim 2, ‘273 in view of ‘990 teaches the grab bar assembly according to claim 1. ‘273 does not disclose wherein the body is defined by multiple body sections, each of the body sections having a first end and a second end the multiple body sections are of one of the same length or different lengths.
‘990 teaches a grab bar assembly wherein a body is defined by multiple body sections (12’, 12’’), each of the body sections (12’, 12’’) having a first end and a second end, the multiple body sections (12’, 12’’) are the same length (as seen in Figures 10 and 11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the single body of ‘273 with multiple body sections as taught by ‘990. One would be motivated to make such a modification to provide a greater length of grab bar assembly if the single body is not of sufficient length for a particular purpose.
For Claim 3, ‘273 in view of ‘990 teaches the grab bar assembly according to claim 2. ‘273 does not disclose a third coupling, the third coupling having an exterior shape corresponding to an interior shape of the multiple body sections, the third coupling extending from within one of the multiple body sections into another of the multiple body sections and securing the multiple body sections to one another, wherein the third coupling is identical to the first coupling.
‘990 teaches a grab bar assembly having a coupling (68) having an exterior shape corresponding to an interior shape of a first body section (12’) and at least another portion of the coupling (68) having an exterior shape corresponding to an interior shape of a second body section (12’’), the coupling extending from within a first end of the first body section (12’) into a first end of the second body section (12’’) and securing the second body section to the first body section.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the coupling of ‘990 to secure multiple body sections as taught by ‘990 to the grab bar assembly of ‘273. One would be motivated to make such a modification to provide a greater length of grab bar assembly if the single body is not of sufficient length for a particular purpose and to allow for easier assembly of the second body section to the first body section without the need for tools.
It would have been further obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the third coupling identical to the first coupling in order to reduce the number of unique parts needed to be manufactured in order to produce a completed grab bar assembly. One would be motivated to make such a modification in order to reduce manufacturing cost.
For Claim 4, ‘273 discloses the grab bar assembly according to claim 1, wherein the body (12) includes a first bar portion (Annotated Figure 3B: A) and a second bar portion (B), the first and second bar portions (A, B) being joined by a corresponding web (C) extending therebetween, wherein the first and second bar portions (A, B) are outwardly convex.
‘273 does not disclose wherein the web is outwardly concave. ‘273 instead teaches wherein the web is outwardly convex. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the outwardly convex web as outwardly concave, as a change in the shape of a prior art device is a design consideration within the skill of the art (see MPEP 2144.04). One would be motivated to make such a modification in order to provide a more ergonomic grab bar.
For Claim 5, ‘273 discloses the grab bar assembly according to claim 4, wherein the body (12) includes a stanchion (22) on an opposing side from the web (C) and extending away from the first and second bar portions (A, B) to a mounting flange (16).
For Claim 6, ‘273 discloses the grab bar assembly according to claim 5, wherein the first and second bar portions (A, B) are off set from the stanchion (22).
For Claim 7, ‘273 discloses the grab bar assembly according to claim 5, wherein the first and second bar portions (A, B) are spaced apart from the mounting flange (16).
For Claim 8, ‘273 discloses the grab bar assembly according to claim 1, wherein the first and second end caps (14B, 14A) include first rail portion (Annotated Figure 2A: D1, D2) and a second rail portion (E1, E2), the first and second rail portions (D1, D2, E1, E2) being joined by a corresponding web (F1, F2) extending therebetween, wherein the first and second rail portions (D1, D2, E1, E2) are outwardly convex (as seen in Figure 2A).
‘273 does not disclose wherein the web (F1, F2) is outwardly concave. ‘273 instead teaches wherein the web is outwardly convex. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the outwardly convex web as outwardly concave, as a change in the shape of a prior art device is a design consideration within the skill of the art (see MPEP 2144.04). One would be motivated to make such a modification in order to provide a more ergonomic grab bar.
For Claim 9, ‘273 discloses the grab bar assembly according to claim 8, wherein the first and second end caps (14B, 14A) each include a stanchion (22B, 22A) on an opposing side from the corresponding web (F1, F2) and extending away from the first and second rail portions (D1, D2, E1, E2) to a mounting flange (G1, G2).
For Claim 10, ‘273 discloses the grab bar assembly according to claim 9, wherein the first and second rail portions (D1, D2, E1, E2) are off set from the stanchion (22B, 22A).
For Claim 11, ‘273 discloses the grab bar assembly according to claim 9, wherein the first and second rail portions (D1, D2, E1, E2) are spaced apart from the mounting flange (G1, G2).
For Claim 12, ‘273 discloses the grab bar assembly according to claim 9, wherein the first end cap (14B) includes a profile wall (17B) at a terminal end of the first end cap (14B), the profile wall (17B) having a shape (as seen in Figure 2A) corresponding to a profile defined by the first and second rail portions (D1, E1) and the corresponding web (F1).
For Claim 13, ‘273 discloses the grab bar assembly according to claim 12, wherein the profile wall (17B) defines an acute angle (Figure 1D: alpha) with respect to a plane defined by the mounting flange (G1).
For Claim 14, ‘273 discloses the grab bar assembly according to claim 9, wherein the second end cap (14A) includes an end wall (17) at a terminal end of the second end cap (14A), the end wall (17) having a shape dissimilar (as seen in Figure 1A) to a profile defined by the first and second rail portions (D2, E2) and the corresponding web (F2).
For Claim 15, ‘273 discloses the grab bar assembly according to claim 14, wherein the end wall (17) defines an acute angle (Figure 1D: alpha) with respect to a plane defined by the mounting flange (G2).
For Claim 16, ‘273 discloses the grab bar assembly according to claim 9, wherein the second end cap (14A) includes an end wall (17) at a terminal end of the second end cap (14A), the end wall (17) having a trapezoidal shape (as seen in Figure 1A).
For Claim 17, ‘273 discloses the grab bar assembly according to claim 1, wherein the first end cap (14B) is different from the second end cap (14A).
For Claim 18, ‘273 discloses the grab bar assembly according to claim 1, wherein the body section is an extrusion. Examiner notes that this would be considered to be a product-by-process claim due to the limitation “extrusion”. The patentability of the product does not depend on its method of production. Determination of patentability is based on the product itself. See MPEP 2113. “If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
For Claim 19, ‘273 discloses the grab bar assembly according to claim 1, wherein at least a portion of each of the first and second end caps is an extrusion. Examiner notes that this would be considered to be a product-by-process claim due to the limitation “extrusion”. The patentability of the product does not depend on its method of production. Determination of patentability is based on the product itself. See MPEP 2113. “If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
For Claim 20, ‘273 discloses a ligature resistant grab bar assembly (Figure 1A), the ligature resistant grab bar assembly comprising:
a body (12), the body having a first end (lower end in Figure 1A) and a second end (upper end in Figure 1A), the body (12) being formed of a single body section (12), the body section (12) including a first bar portion (Annotated Figure 3B: A) and a second bar portion (B), the first and second bar portions (A, B) being joined by a first web (C) extending therebetween, the body section (12) further including a first stanchion (22) on an opposing side from the first web (C) and extending away from the first and second bar portions (A, B) to a first mounting flange (16);
first and second end caps (14B, 14A), the first end cap (14B) being attached to the first end (lower end in Figure 1A) of the body (12), the second end cap (14A) being attached to the second end (upper end in Figure 1A) of the body (12);
the first and second end caps (14B, 14A) include a first rail portion (Annotated Figure 2A: D1, D2) and a second rail portion (E1, E2), the first and second rail portions (D1, D2, E1, E2) being joined by a second web (F1, F2) extending therebetween, the first and second end caps (14B, 14A) each further including a second stanchion (22B, 22A) on an opposing side from the second web (F1, F2) and extending away from the first and second rail portions (D1, D2, E1, E2) to a second mounting flange (G1, G2);
the first end cap (14B) including a profile wall (17B) at a terminal end thereof, the profile wall (17B) having a shape (as seen in Figure 2A) corresponding to a profile defined by the first and second rail portions (D1, E1) of the first end cap (14B) and the second web (F1) of the first end cap (14B) extending therebetween;
the second end cap (14A) including an end wall (17) at a terminal end thereof, the end wall (17) having a shape dissimilar (as seen in Figure 1A) to the profile defined by the first and second rail portions (D2, E2) of the second end cap (14A) and the second web (F2) of the second end cap (14A) extending therebetween, the end wall (17) defining an acute angle (Figure 1D: alpha) with respect to a plane defined by the second mounting flange (G2) of the second end cap (14A), and at least first and second couplings, wherein the first and second couplings are identical (fasteners/screws inserted through holes 18A, Column 2, Lines 47-50),
‘273 does not disclose wherein the first and second couplings are extended profiles with exterior shapes respectfully corresponding to an interior shape of the body and an interior shape of the first end cap and an interior shape of the second end cap, the first coupling extending from within the body into the first end cap and securing the first end cap to the first end of the body, the second coupling extending from within the body into the second end cap and securing the second end cap to the second end of the body.
‘273 instead teaches the first coupling (first fastener/screw inserted through hole 18A) securing the first end cap (14B) to the first end (lower end in Figure 1A) of the body (12), and the second coupling (second fastener/screw inserted through hole 18A) securing the second end cap (14A) to the second end (upper end in Figure 1A) of the body (12). ‘273 further teaches wherein the body, first end cap, and second end cap have corresponding interior shapes (as seen in Figure 2A).
‘990 teaches a grab bar assembly having a coupling (68) having an exterior shape corresponding to an interior shape of a first body section (12’) and to an interior shape of a second body section (12’’), the coupling extending from within a first end of the first body section (12’) into a first end of the second body section (12’’) and securing the second body section to the first body section.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the first and second couplings of ‘273 with couplings having an exterior shape corresponding to the interior shape of the body section and first cap and the interior shape of the body section and the second cap as taught by ‘990. One would be motivated to make such a modification in order to allow for easier assembly of the end caps onto the body section without the need for tools.
Examiner notes that the limitation “or multiple body sections” is claimed in the alternative. As the limitations preceding the term “or” have been anticipated or rendered obvious by the prior art as indicated above, the “multiple body sections” and all further limitations thereof are not required by the prior art in order to anticipated or render obvious the claim.
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Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive.
With respect to Claims 1-20, Applicant argues that ‘273 teaches end cap 14A includes a lip received into the interior of the opening of the body 12. This is incorrect. No such lip is present in or disclosed by ‘273. It is unclear what Applicant is referring to. As best understood, Examiner believes Applicant is suggesting that exterior surfaces 24A and 22A of end cap 14A are received into the interior of member 12 (at 24 and 22). This is incorrect. ‘273 clearly discloses that “Top end cap 14A extends grip front profile portion 27 via a matching circular or elliptical front profile portion 24A and a matching flattened rear profile portion through a top end cap front profile portion 24A and also extends side channels 22 through matching side channels 22A up to the closure forming planar top surface 17” (Column 3, Lines 48-54). Applicant’s arguments are therefore not convincing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 8646151 teaches a similar ligature resistant grab bar that is pertinent to applicant’s disclosure but has not been relied upon in the current rejection. US 2014/0097394 teaches connecting multiple grab bar body sections together via couplings and is pertinent to applicant’s disclosure but has not been relied upon in the current rejection.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey O'Brien whose telephone number is (571)270-3655. The examiner can normally be reached M-Th 7-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jeffrey O'Brien/ Primary Examiner, Art Unit 3677