DETAILED ACTION
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 currently depends from claim 7 which is identical to claim 8 – it appears Applicant intended Claim 8 to depend from claim 6.
Claim 12 is objected to because of the following informalities:
The claim from which claim 12 depends is not indicated however it appears Applicant intended for claim 12 to depend from claim 11.
Appropriate correction is required.
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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (KR20130139064) in view of Aoki (US20170284500).
1: Hong discloses a guided caster assembly (14) for a rolling ladder (Figs. 1-4) comprising: an outer housing (20); an inner tubular slide (21) sliding within the outer housing; a caster (12) being attached to the inner tubular slide; and a gas spring formed in the inner tubular slide (see para. [0035] of the MT of Hong: “the suspension (14) can be applied with things such as a rigid spring, a gas cylinder, a shock absorber, etc.) wherein the inner tubular slide slides up within the outer housing as an increasing force is applied downwardly on the outer housing until the inner tubular slide has traveled a preselected distance (see para. [0039] of the MT of Hong: “the suspension (14) is compressed and its height is reduced, and eventually, the brake (15) on the safety staircase body (13) touches the ground, so that the entire safety staircase can be fixed”).
Hong fails to disclose the inner tubular member sliding within the outer housing on bushings. Aoki teaches guide bushings (16, 17, Fig. 1 of Aoki) between an inner tubular slide (12) and an outer housing (11) of a gas spring (Aoki at [0025]: “The gases compressed in the first gas chamber 35 and the second gas chamber 36 function as air springs that generate a reaction force corresponding to a compression amount of the first tube 11 and the second tube 12”). It 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 to have included guide bushings in the gas spring disclosed by Hong according to the teachings of Aoki in order to guide the sliding movements of the inner tubular slide relative to the outer housing, see [0019] of Aoki: “Sliding movement of the second tube 12 in moving out from and into the first tube 11 is guided by a bush 16 held on the inner circumference at the lower portion of the first tube 11 and a bush 17 held on an outer circumference at an upper portion of the second tube 12”.
2: Hong in view of Aoki disclose the caster assembly according to claim 1 wherein the gas spring comprises an intermediate tubular member (20, Fig. 1 of Aoki) and an elongated inner member (33) which slides within the intermediate tubular member.
3 and 4: Hong in view of Aoki fail to disclose the caster assembly further comprising an anti-rotation tab attached to the outer housing, the anti-rotation tab comprising a slot for receiving a pin which rides therein, rotation of the inner slide being prevented by the pin and slot. However, Hong in view of Aoki disclose “a slot (24) is formed on the side of the outer cylinder (20) to guide the up and down movement of the fixed bolt (23)”, see Fig. 1 and para. [0038] of the MT of Hong. Per MPEP 2144.04.V.C, making separable what is integral in the prior art is prima facie obvious. Accordingly, it 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 to have included a separate slotted anti-rotation tab instead of the integrated slot of Hong in order to make the slot separate from the outer housing.
5: Hong discloses a rolling ladder (Figs. 1-4 of Hong) comprising: a rolling ladder (13) having fixed feet (15) for contacting a floor or surface; a guided caster assembly (14) comprising an outer housing (20); an inner tubular slide (21) sliding within the outer housing; a caster (12) attached to the inner slide; and a gas spring formed in the inner tubular slide (see para. [0035] of the MT of Hong: “the suspension (14) can be applied with things such as a rigid spring, a gas cylinder, a shock absorber, etc.) wherein the inner tubular slide slides up within the outer housing (see Figs. 5a and 5b of Hong) wherein the outer housing is attached to a rear of the ladder (see para. [0033] of the MT of Hong: “at the four corners at the bottom of the safety staircase body”) wherein when an increasing force is applied downwardly on the ladder by a user on the ladder the inner tubular slide travels a preselected distance until the fixed ladder feet contact the floor or surface upon which the ladder is supported (see para. [0039] of the MT of Hong: “the suspension (14) is compressed and its height is reduced, and eventually, the brake (15) on the safety staircase body (13) touches the ground, so that the entire safety staircase can be fixed”).
Hong fails to disclose the inner tubular member sliding with the outer housing on bushings. Aoki teaches guide bushings (16, 17, Fig. 1 of Aoki) between an inner tubular slide (12) and an outer housing (11) of a gas spring (Aoki at [0025]: “The gases compressed in the first gas chamber 35 and the second gas chamber 36 function as air springs that generate a reaction force corresponding to a compression amount of the first tube 11 and the second tube 12”). It 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 to have included guide bushings in the gas spring disclosed by Hong according to the teachings of Aoki in order to guide the sliding movements of the inner tubular slide relative to the outer housing, see [0019] of Aoki: “Sliding movement of the second tube 12 in moving out from and into the first tube 11 is guided by a bush 16 held on the inner circumference at the lower portion of the first tube 11 and a bush 17 held on an outer circumference at an upper portion of the second tube 12”.
6: Hong in view of Aoki disclose the caster assembly according to claim 1 wherein the gas spring comprises an intermediate tubular member (20, Fig. 1 of Aoki) and an elongated inner member (33) which slides within the intermediate tubular member.
7 and 8: Hong in view of Aoki fail to disclose the rolling ladder further comprising an anti-rotation tab attached to the outer housing, the anti-rotation tab comprising a slot for receiving a pin which rides therein, rotation of the inner slide being prevented by the pin and slot. However, Hong in view of Aoki disclose “a slot (24) is formed on the side of the outer cylinder (20) to guide the up and down movement of the fixed bolt (23)”, see Fig. 1 and para. [0038] of the MT of Hong. Per MPEP 2144.04.V.C, making separable what is integral in the prior art is prima facie obvious. Accordingly, it 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 to have included a separate slotted anti-rotation tab instead of the integrated slot of Hong in order to make the slot separate from the outer housing.
9: Hong discloses a guided caster assembly (14) for a rolling ladder (Fig. 1-4), the assembly comprising: an outer tubular housing (20) adapted to be mounted to the rolling ladder (25); an inner tubular slide (21) telescopically received within the outer tubular housing and having a distal end and a proximal end, the inner tubular slide being axially slidable within the outer tubular housing ([0036] of Hong: “an internal cylinder (21) is coupled to the external cylinder (20) in a structure that can be stored and withdrawn”); a caster (12) attached to the distal end of the inner tubular slide (21); and a gas spring disposed within the inner tubular slide for providing a resistive damping force (see para. [0035] of the MT of Hong: “the suspension (14) can be applied with things such as a rigid spring, a gas cylinder, a shock absorber, etc.) whereby, when a user applies downward force to the rolling ladder, the inner tubular slide moves axially relative to the outer tubular housing against the resistive force of the gas spring until the applied load exceeds the force of the gas spring, at which point the inner tubular slide travels a preselected distance and transfers the user's weight to the ground-contact element of the ladder, thereby effecting stable, load- bearing contact with the ground (see para. [0039] of the MT of Hong: “the suspension (14) is compressed and its height is reduced, and eventually, the brake (15) on the safety staircase body (13) touches the ground, so that the entire safety staircase can be fixed”).
Hong fails to disclose at least one guide bushing interposed between the outer surface of the inner tubular slide and the inner surface of the outer tubular housing for maintaining alignment under load and providing controlled axial motion. Aoki teaches guide bushings (16, 17, Fig. 1 of Aoki) between an inner tubular slide (12) and an outer housing (11) of a gas spring (Aoki at [0025]: “The gases compressed in the first gas chamber 35 and the second gas chamber 36 function as air springs that generate a reaction force corresponding to a compression amount of the first tube 11 and the second tube 12”). It 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 to have included at least one guide bushing interposed between the outer surface of the inner tubular slide and the inner surface of the outer tubular housing in the assembly disclosed by Hong according to the teachings of Aoki in order to guide the sliding movements of the inner tubular slide relative to the outer housing, see [0019] of Aoki: “Sliding movement of the second tube 12 in moving out from and into the first tube 11 is guided by a bush 16 held on the inner circumference at the lower portion of the first tube 11 and a bush 17 held on an outer circumference at an upper portion of the second tube 12”.
Hong also fails to disclose wherein the gas spring includes an intermediate tubular member having a proximal end fixed to the outer tubular housing and an elongated rod member telescopically slidable within the intermediate tubular member, the rod member having a distal end attached to the inner tubular slide. Aoki teaches a gas spring (35, 36) including an intermediate tubular member (20, Fig. 1 of Aoki) having a proximal end fixed to the outer tubular housing (11, Fig. 1 of Aoki) and an elongated rod member (32, Fig. 1 of Aoki) telescopically slidable within the intermediate tubular member, the rod member having a distal end attached to the inner tubular slide (12, Fig. 1 of Aoki). It 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 to have included wherein the gas spring includes an intermediate tubular member having a proximal end fixed to the outer tubular housing and an elongated rod member telescopically slidable within the intermediate tubular member, the rod member having a distal end attached to the inner tubular slide in the assembly of Hong according to the teachings of Aoki in order to have multiple air spring functionality, with better tailored spring characteristics, in a single assembly, see Aoki at [0025].
10: Hong in view of Aoki disclose the caster assembly according to claim 9, wherein the at least one guide bushing comprises a first guide bushing and second guide bushing spaced apart from each other, each engaging both the outer tubular housing and the inner tubular slide (see Aoki at Fig. 1 and [0019]: “Sliding movement of the second tube 12 in moving out from and into the first tube 11 is guided by a bush 16 held on the inner circumference at the lower portion of the first tube 11 and a bush 17 held on an outer circumference at an upper portion of the second tube 12”) .
11: Hong in view of Aoki disclose the caster assembly according to claim 10, further comprising an anti- rotation mechanism that includes an axial slot (24, Fig. 2 of Hong) and a follower (23, Fig. 2 of Hong), wherein the first and second guide bushings (16 and 17, Fig. 1 of Aoki) together with the anti-rotation mechanism constrain movement of the inner tubular slide to a guided axial path and resist lateral deflection under load.
12: Hong in view of Aoki disclose the caster assembly according to claim 11, wherein the follower of the anti-rotation mechanism comprises a pin (23, Fig. 2 of Hong) that travels within the slot (24, Fig. 2 of Hong), the pin being attached to the inner tubular slide (21, see Hong at Fig. 2 and [0036]: “a fixed external cylinder (20) is installed on the suspension bracket (25), and an internal cylinder (21) is coupled to the external cylinder (20) in a structure that can be stored and withdrawn, and a piston (not shown) with a valve function, fluid, etc. are installed and filled inside the internal and external cylinders (20, 21)”) and to the elongated rod member (32, Fig. 1 of Aoki – note that both Hong and Aoki teach an inner tubular slide and Aoki further teaches the inner tubular slide 12 being attached to the elongated rod 32, see 13 in Fig. 1 of Aoki, therefore, the pin being attached to both the inner tubular slide and the elongated rod is disclosed by Hong in view of Aoki) of the gas spring.
Hong in view of Aoki fail to disclose wherein the caster assembly comprises a tab mounted to the outer tubular housing, the axial slot is formed in the tab. However, Hong in view of Aoki disclose “a slot (24) is formed on the side of the outer cylinder (20) to guide the up and down movement of the fixed bolt (23)”, see Fig. 1 and para. [0038] of the MT of Hong. Per MPEP 2144.04.V.C, making separable what is integral in the prior art is prima facie obvious. Accordingly, it 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 to have included a separate slotted anti-rotation tab instead of the integrated slot of Hong in order to make the slot separate from the outer housing.
13: Hong in view of Aoki disclose the caster assembly according to claim 12, wherein the outer tubular housing (21, Fig. 2 of Aoki), the inner tubular slide (22, Fig. 2 of Aoki), and the intermediate tubular member (20, Fig. 1 of Aoki) are annular in cross-section (see cross-sectional views of Hong in Fig. 2 and Aoki in Fig. 1) and the elongated rod member of the gas spring is cylindrical (see [0023] of Aoki: “outer circumference of the rod 32”).
14: Hong discloses a rolling ladder (Figs. 1-4) comprising: a ground-contact element (15) which supports a load placed on the ladder; a guided caster assembly (14) mounted to the rolling ladder, the assembly comprising: an outer tubular housing (20) adapted to be mounted to the rolling ladder (Fig. 2); an inner tubular slide (21) telescopically received within the outer tubular housing ([0036] of Hong: “an internal cylinder (21) is coupled to the external cylinder (20) in a structure that can be stored and withdrawn”) and having a distal end and a proximal end, the inner tubular slide being axially slidable within the outer tubular housing ([0036] of Hong: “an internal cylinder (21) is coupled to the external cylinder (20) in a structure that can be stored and withdrawn”); a caster (12) attached to a distal end of the inner tubular slide (21); and a gas spring disposed within the inner tubular slide for providing damping (Hong [0035]: “the suspension (14) can be applied with things such as a rigid spring, a gas cylinder, a shock absorber, etc.); whereby, when a user applies downward force to the rolling ladder, the inner tubular slide moves axially relative to the outer tubular housing against the resistive force of the gas spring until the applied load exceeds the force of the gas spring, at which point the inner tubular slide travels a preselected distance and transfers the user's weight directly to the ground-contact element of the ladder, thereby effecting stable, load-bearing contact with the ground (Hong [0039]: “the suspension (14) is compressed and its height is reduced, and eventually, the brake (15) on the safety staircase body (13) touches the ground, so that the entire safety staircase can be fixed”).
Hong fails to disclose at least one guide bushing interposed between the outer surface of the inner tubular slide and the inner surface of the outer tubular housing for maintaining alignment under load and providing controlled axial motion. Aoki teaches guide bushings (16, 17, Fig. 1 of Aoki) between an inner tubular slide (12) and an outer housing (11) of a gas spring (Aoki at [0025]: “The gases compressed in the first gas chamber 35 and the second gas chamber 36 function as air springs that generate a reaction force corresponding to a compression amount of the first tube 11 and the second tube 12”). It 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 to have included at least one guide bushing interposed between the outer surface of the inner tubular slide and the inner surface of the outer tubular housing in the assembly disclosed by Hong according to the teachings of Aoki in order to guide the sliding movements of the inner tubular slide relative to the outer housing, see [0019] of Aoki: “Sliding movement of the second tube 12 in moving out from and into the first tube 11 is guided by a bush 16 held on the inner circumference at the lower portion of the first tube 11 and a bush 17 held on an outer circumference at an upper portion of the second tube 12”.
Hong also fails to disclose wherein the gas spring includes an intermediate tubular member having a proximal end fixed to the outer tubular housing and an elongated rod member telescopically slidable within the intermediate tubular member, the rod member having a distal end attached to the inner tubular slide. Aoki teaches a gas spring (35, 36) including an intermediate tubular member (20, Fig. 1 of Aoki) having a proximal end fixed to the outer tubular housing (11, Fig. 1 of Aoki) and an elongated rod member (32, Fig. 1 of Aoki) telescopically slidable within the intermediate tubular member, the rod member having a distal end attached to the inner tubular slide (12, Fig. 1 of Aoki). It 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 to have included wherein the gas spring includes an intermediate tubular member having a proximal end fixed to the outer tubular housing and an elongated rod member telescopically slidable within the intermediate tubular member, the rod member having a distal end attached to the inner tubular slide in the assembly of Hong according to the teachings of Aoki in order to have multiple air spring functionality, with better tailored spring characteristics, in a single assembly, see Aoki at [0025].
15: Hong in view of Aoki disclose the caster assembly according to claim 14, wherein the at least one guide bushing comprises a first guide bushing and second guide bushing spaced apart from each other, each engaging both the outer tubular housing and the inner tubular slide (see Aoki at Fig. 1 and [0019]: “Sliding movement of the second tube 12 in moving out from and into the first tube 11 is guided by a bush 16 held on the inner circumference at the lower portion of the first tube 11 and a bush 17 held on an outer circumference at an upper portion of the second tube 12”).
16: Hong in view of Aoki disclose the caster assembly according to claim 15, further comprising an anti- rotation mechanism that includes an axial slot (24, Fig. 2 of Hong) and a follower (23, Fig. 2 of Hong), wherein the first and second guide bushings (16 and 17, Fig. 1 of Aoki) together with the anti-rotation mechanism constrain movement of the inner tubular slide to a guided axial path and resist lateral deflection under load.
17: Hong in view of Aoki disclose the caster assembly according to claim 16, wherein the follower of the anti-rotation mechanism comprises a pin (23, Fig. 2 of Hong) that travels within the slot (24, Fig. 2 of Hong), the pin being attached to the inner tubular slide (21, see Hong at Fig. 2 and [0036]: “a fixed external cylinder (20) is installed on the suspension bracket (25), and an internal cylinder (21) is coupled to the external cylinder (20) in a structure that can be stored and withdrawn, and a piston (not shown) with a valve function, fluid, etc. are installed and filled inside the internal and external cylinders (20, 21)”) and to the elongated rod member (32, Fig. 1 of Aoki – note that both Hong and Aoki teach an inner tubular slide and Aoki further teaches the inner tubular slide 12 being attached to the elongated rod 32, see 13 in Fig. 1 of Aoki, therefore, the pin being attached to both the inner tubular slide and the elongated rod is disclosed by Hong in view of Aoki) of the gas spring.
Hong in view of Aoki fail to disclose wherein the caster assembly comprises a tab mounted to the outer tubular housing, the axial slot is formed in the tab. However, Hong in view of Aoki disclose “a slot (24) is formed on the side of the outer cylinder (20) to guide the up and down movement of the fixed bolt (23)”, see Fig. 1 and para. [0038] of the MT of Hong. Per MPEP 2144.04.V.C, making separable what is integral in the prior art is prima facie obvious. Accordingly, it 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 to have included a separate slotted anti-rotation tab instead of the integrated slot of Hong in order to make the slot separate from the outer housing.
18: Hong in view of Aoki disclose the caster assembly according to claim 12, wherein the outer tubular housing (21, Fig. 2 of Aoki), the inner tubular slide (22, Fig. 2 of Aoki), and the intermediate tubular member (20, Fig. 1 of Aoki) are annular in cross-section (see cross-sectional views of Hong in Fig. 2 and Aoki in Fig. 1) and the elongated rod member of the gas spring is cylindrical (see [0023] of Aoki: “outer circumference of the rod 32”).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/BAP/Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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