DETAILED ACTION
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 .
Acknowledgment is made of the amendment filed June 10, 2026. The application has been updated accordingly.
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, 3-4, 7-9, 12-16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Power, II et al. (2022/0305344) hereinafter Power, in view of Niemela (2014/0027204).
Power discloses:
Claim 1: A climbing stick for use in climbing a tree, comprising:
a support bar (Fig. 1; 14) extending from a top end (Fig. 1; nearest 34 upper) to a bottom end (Fig. 1; nearest 34 lower), the support bar having a tree-facing side (Fig. 1; nearest 26) and an outwardly facing side opposite the tree-facing side (Fig. 1; opposite 26);
a top foot rung (Fig. 1; 24 upper) secured to the support bar near the top end;
a bottom foot rung (Fig. 1; 24 lower) secured to the support bar near the bottom end;
an upper brace (Fig. 1; see detail) secured to and extending from the support bar;
a lower brace (Fig. 1; see detail) secured to and extending from the support bar;
a strap receiver (Fig. 2; 48) extending from the support bar in a direction opposite the upper brace and the lower brace (Fig. 2; 48 extends from 14 in a direction opposite the brace);
wherein the upper brace and the lower brace are configured to engage with a tree (Para. [0044]); and
wherein the strap receiver (Fig. 1; 48) is configured to receive a strap (Para. [0044]) that secures the climbing stick to the tree (Para. [0044]).
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Power fails to disclose a configuration of magnets arranged such that the climbing stick is configured to stack and be magnetically retained within a stack of climbing sticks, the configuration of magnets comprising:
a first magnet coupled to the support bar at a first vertical position along a longitudinal axis of the support bar; and
a second magnet coupled to a structure coupled to and extending from the support bar, the second magnet positioned at a second vertical position along the longitudinal axis of the support bar;
wherein the first vertical position and the second vertical position are vertically offset from one another along the longitudinal axis, creating a vertical offset therebetween;
However, Niemela discloses magnets (Para. [0070]).
Therefore, 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 climbing stick of Power to include the magnet, as taught by Niemela, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Thus, in combination Power and Niemela disclose a first magnet, of Niemela, coupled to the support bar at a first vertical position along a longitudinal axis of the support bar, of Power; and
a second magnet, of Niemela, coupled to a structure coupled to and extending from the support bar, of Power, the second magnet, of Niemela, positioned at a second vertical position along the longitudinal axis of the support bar, of Power;
wherein the first vertical position and the second vertical position are vertically offset from one another along the longitudinal axis, of Power, creating a vertical offset therebetween;
Claim 3: Power and Niemela disclose the climbing stick of claim 1, wherein the first magnet is coupled to the support bar at a position between the upper brace and the top foot rung (once combined the magnet of Niemela would be located as depicted below).
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Claim 4: Power and Niemela disclose the climbing stick of claim 1, wherein the structure coupled to the support bar is the upper brace (Niemela – Para. [0070]).
Claim 7: Power discloses the climbing stick of claim 1, wherein the upper brace further comprises:
a connection portion (Fig. 1; see detail) extending around the support bar;
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a channel (Fig. 1; located between left and right segments of 26) integral with the connection portion (Fig. 1; the channel is depicted as integral with the connection portion);
a first jaw (Fig. 1; 26 right) extending away from the channel and supporting a first plurality of teeth (Fig. 1; 26 right is depicted with teeth); and
a second jaw (Fig. 1; 26 left) extending away from the channel and supporting a second plurality of teeth (Fig. 1; 26 left is depicted with teeth);
wherein the channel is configured to receive a second support bar associated with a second walking stick when in the stack of climbing sticks (Fig. 10-11).
Claim 8: Power discloses the climbing stick of claim 1, wherein the climbing stick further comprises a height of approximately 20 inches (Para. [0031]).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 18 inches, and a weight of approximately 1.75 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.75 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 9: Power discloses the climbing stick of claim 1, wherein the climbing stick further comprises a height of approximately 17 inches (Para. [0031]).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 15 inches, and a weight of approximately 1.6 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.6 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 12: Power discloses a set of climbing sticks for use in climbing a tree (Para. [0031]), the set of climbing sticks comprising:
a first climbing stick (Fig. 1; 12) comprising a first support bar (Fig. 1; 14) extending along a longitudinal axis (Fig. 1; the length of 14), the first support bar having a tree-facing side (Fig. 1; nearest 26) and an outwardly facing side opposite the tree-facing side (Fig. 1; opposite 26), a first top foot rung (Fig. 1; 24 upper) secured to the first support bar, a first bottom foot rung (Fig. 1; 24 lower) secured to the first support bar, a first upper brace (Fig. 1; see detail) secured to and extending from the first support bar, a first lower brace (Fig. 1; see detail) secured to and extending from the first support bar; and
a second climbing stick configured to releasably couple to the first climbing stick in a stacked configuration (Fig. 10; multiple identical climbing sticks are depicted), the second climbing stick comprising a second support bar (Fig. 1; 14), a second top foot rung (Fig. 1; 24 upper) secured to the second support bar, a second bottom foot rung (Fig. 1; 24 lower) secured to the second support bar, a second upper brace (Fig. 1; see detail) secured to and extending from the second support bar, and a second lower brace (Fig. 1; see detail) secured to and extending from the second support bar.
Power fails to disclose a magnet.
However, Niemela discloses magnets (Para. [0070]).
Therefore, 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 climbing stick of Power to include the magnet, as taught by Niemela, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Thus, in combination Power and Niemela disclose a first magnet, of Niemela, coupled to the support bar at a first vertical position along a longitudinal axis of the support bar, of Power; and
a second magnet, of Niemela, coupled to a structure coupled to and extending from the support bar, of Power, the second magnet, of Niemela, positioned at a second vertical position along the longitudinal axis of the support bar, of Power;
and a third magnet, of Niemela (repeated for each climbing stick of Power) and a fourth magnet, of Niemela (repeated for each climbing stick of Power) arranged to magnetically engage the first magnet and the second magnet respectively; wherein the second climbing stick, of Power, is configured to secure to the first climbing stick via the first magnet and the second magnet, of Niemela.
Claim 13: Power and Niemela disclose the set of climbing sticks of claim 12, wherein the first magnet is coupled to the first support bar at a position between the first top foot rung and the first upper brace (once combined the magnet of Niemela would be located as depicted in Fig. 1).
Claim 14: Power and Niemela disclose the set of climbing sticks of claim 13, wherein when in a stacked configuration (Fig. 10), the second upper brace is positioned over and aligned with the first magnet (once combined the upper brace of Power is aligned with the magnet of Niemela).
Claim 15: Power and Niemela disclose the set of climbing sticks of claim 14, wherein the second upper brace comprises:
a connection portion (Power - Fig. 1; see detail) extending around the second support bar;
a channel (Power - Fig. 1; located between left and right segments of 26) integral with the connection portion (Power - Fig. 1; the channel is depicted as integral with the connection portion);
a first jaw (Power - Fig. 1; 26 right) extending away from the channel and supporting a first plurality of teeth (Power - Fig. 1; 26 right is depicted with teeth); and
a second jaw (Power - Fig. 1; 26 left) extending away from the channel and supporting a second plurality of teeth (Power - Fig. 1; 26 left is depicted with teeth);
wherein the channel is configured to receive the first support bar when the first climbing stick and the second climbing stick are in the stacked configuration (Power - Fig. 10-11) at of the position of the first magnet (once combined with Niemela); and
wherein the channel at least partially wraps around the first support bar (Power - Fig. 10-11).
Claim 16: Power discloses the set of climbing sticks of claim 12, wherein the structure coupled to and extending from the first support bar is the first upper brace (Fig. 1; see detail).
Claim 18: Power discloses the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a height of approximately 20 inches (Para. [0031]).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 18 inches, and a weight of approximately 1.75 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.75 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 19: Power discloses the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a height of approximately 17 inches (Para. [0031]).
While Power fails to specifically disclose a distance between a top of the top foot rung and a top of the bottom foot rung of approximately 15 inches, and a weight of approximately 1.6 pounds, the examiner asserts that the dimension would be commensurate with the step span ability of an average person. While Power fails to disclose a specific weight, Power does discuss using lightweight materials to reduce the overall weight of the climbing stick. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place the rungs at a distance apart that an average user could climb on and to make the weight of the climbing stick approximately 1.6 pounds to keep the overall weight of multiple climbing sticks nested together a manageable weight for an average person to carry over large distances.
Claim 21: Power and Niemela disclose the climbing stick of claim 1, wherein the configuration of magnets further comprises:
the first magnet (Niemela – Para. [0070]) positioned proximate the outwardly facing side of the support bar along a transverse axis extending from the tree-facing side to the outwardly facing side (Power – see the rejection of claim 1); and
the second magnet (Niemela – Para. [0070]) positioned proximate the tree-facing side of the support bar along the transverse axis (Power – see the rejection of claim 1);
wherein the first magnet and the second magnet are transversely offset from one another along the transverse axis (once combined with Niemela the magnets would be positioned near the connection portions of Power, where they would be transversely offset from one another), creating a transverse offset therebetween; and
wherein the vertical offset and the transverse offset between the first magnet and the second magnet are configured to create clearance within the stack of climbing sticks to accommodate the upper brace and the lower brace (once combined with Niemela the magnets would be positioned near the connection portions of Power, where they would be vertically offset from one another).
Claim 22: Power and Niemela disclose the set of climbing sticks of claim 12, wherein the first climbing stick further comprises:
the first magnet (Niemela – Para. [0070]) positioned proximate the outwardly facing side of the first support bar along a transverse axis extending from the tree-facing side to the outwardly facing side; and the second magnet (Niemela – Para. [0070]) positioned proximate the tree-facing side of the first support bar along the transverse axis;
wherein the first magnet and the second magnet are transversely offset from one another along the transverse axis, creating a transverse offset therebetween (once combined with Niemela the magnets would be positioned near the connection portions of Power, where they would be transversely offset from one another); and
wherein the vertical offset and the transverse offset between the first magnet and the second magnet are configured to create clearance within the stacked configuration to accommodate the first upper brace and the first lower brace (once combined with Niemela the magnets would be positioned near the connection portions of Power, where they would be vertically offset from one another).
Claims 1, 10-12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Priest et al. (2016/0069133) hereinafter Priest, in view of Niemela (2014/0027204).
Priest discloses:
Claim 1: A climbing stick for use in climbing a tree, comprising:
a support bar (Fig. 1; 22) extending from a top end to a bottom end, the support bar having a tree-facing side (Fig. 1; nearest 26) and an outwardly facing side opposite the tree-facing side (Fig. 1; opposite 26);
a top foot rung (Fig. 1; 34 upper) secured to the support bar near the top end;
a bottom foot rung (Fig. 1; 34 lower) secured to the support bar near the bottom end;
an upper brace (Fig. 1; 26 upper) secured to and extending from the support bar;
a lower brace (Fig. 1; 26 lower) secured to and extending from the support bar;
a strap receiver (Fig. 1; 38) extending from the support bar in a direction opposite the upper brace and the lower brace (Fig. 1; 38 extends from 22 in a direction opposite 26);
wherein the upper brace and the lower brace are configured to engage with a tree (Para. [0017]); and
wherein the strap receiver (Fig. 1; 38) is configured to receive a strap (Fig. 1; 39) that secures the climbing stick to the tree by wrapping around the tree (Fig. 6A).
Priest fails to disclose a configuration of magnets arranged such that the climbing stick is configured to stack and be magnetically retained within a stack of climbing sticks, the configuration of magnets comprising:
a first magnet coupled to the support bar at a first vertical position along a longitudinal axis of the support bar; and
a second magnet coupled to a structure coupled to and extending from the support bar, the second magnet positioned at a second vertical position along the longitudinal axis of the support bar;
wherein the first vertical position and the second vertical position are vertically offset from one another along the longitudinal axis, creating a vertical offset therebetween;
However, Niemela discloses magnets (Para. [0070]).
Therefore, 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 climbing stick of Priest to include the magnet, as taught by Niemela, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Thus, in combination Priest and Niemela disclose a first magnet, of Niemela, coupled to the support bar at a first vertical position along a longitudinal axis of the support bar, of Priest; and
a second magnet, of Niemela, coupled to a structure coupled to and extending from the support bar, of Priest, the second magnet, of Niemela, positioned at a second vertical position along the longitudinal axis of the support bar, of Priest;
wherein the first vertical position and the second vertical position are vertically offset from one another along the longitudinal axis, of Priest, creating a vertical offset therebetween;
Claim 10: Priest discloses the climbing stick of claim 1, further comprising a long bolt extending through the bottom foot rung and the support bar (Fig. 6; 96 extends through 34 and 22), the long bolt extending outward from the bottom foot rung (Fig. 6; 96 extends outward from 34).
Claim 11: Priest discloses the climbing stick of claim 1, wherein the strap receiver further comprises a bolt with an oval head (Fig. 1; 38), the oval head being spaced away from the support bar via a spacer (Fig. 7; 142).
While Priest fails to disclose a bolt with a circular head, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to change the shape of the head from oval to circular, since it has been held that changes in shape have no patentable significance absent persuasive evidence that the particular configuration is significant. See MPEP 2144.04(IV) (B) – Changes in Shape.
Claim 12: Priest discloses a set of climbing sticks for use in climbing a tree (Para. [0016]), the set of climbing sticks comprising:
a first climbing stick (Fig. 1; 20) comprising a first support bar (Fig. 1; 22) extending along a longitudinal axis (Fig. 1; the length of 22), the first support bar having a tree-facing side (Fig. 1; nearest 26) and an outwardly facing side opposite the tree-facing side (Fig. 1; opposite 26), a first top foot rung (Fig. 1; 34 upper) secured to the first support bar, a first bottom foot rung (Fig. 1; 34 lower) secured to the first support bar, a first upper brace (Fig. 1; 26 upper) secured to and extending from the first support bar, a first lower brace (Fig. 1; 26 lower) secured to and extending from the first support bar; and
a second climbing stick configured to releasably couple to the first climbing stick in a stacked configuration (Fig. 9; two identical climbing sticks are depicted), the second climbing stick comprising a second support bar (Fig. 1; 22), a second top foot rung (Fig. 1; 34 upper) secured to the second support bar, a second bottom foot rung (Fig. 1; 34 lower) secured to the second support bar, a second upper brace (Fig. 1; 26 upper) secured to and extending from the second support bar, and a second lower brace (Fig. 1; 26 lower) secured to and extending from the second support bar.
Priest fails to disclose magnets.
However, Niemela discloses magnets (Para. [0070]).
Therefore, 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 climbing stick of Priest to include the magnet, as taught by Niemela, with a reasonable expectation of success because it would allow the climbing sticks to attach to one another when they are nested together.
Thus, in combination Priest and Niemela disclose a first magnet, of Niemela, coupled to the support bar at a first vertical position along a longitudinal axis of the support bar, of Priest; and
a second magnet, of Niemela, coupled to a structure coupled to and extending from the support bar, of Power, the second magnet, of Niemela, positioned at a second vertical position along the longitudinal axis of the support bar, of Priest;
and a third magnet, of Niemela (repeated for each climbing stick of Priest) and a fourth magnet, of Niemela (repeated for each climbing stick of Priest) arranged to magnetically engage the first magnet and the second magnet respectively; wherein the second climbing stick, of Priest, is configured to secure to the first climbing stick via the first magnet and the second magnet, of Niemela.
Claim 20: Priest discloses the set of climbing sticks of claim 12, wherein the first climbing stick further comprises a long bolt extending through the bottom foot rung and the support bar (Fig. 6; 96 extends through 34 and 22), the long bolt extending outward from the bottom foot rung (Fig. 6; 96 extends outward from 34).
Claims 5-6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Power, II et al. (2022/0305344) hereinafter Power, in view of Niemela (2014/0027204) and further in view of Priest et al. (2016/0069133) hereinafter Priest.
Claim 5: Power discloses the climbing stick of claim 1, wherein the top foot rung further comprises:
a front side (Fig. 1; see detail), the front side having a first contact surface (Fig. 1; see detail);
a back side (Fig. 1; see detail), the back side having a second contact surface (Fig. 1; see detail); and
one or more spacers (Fig. 4; see detail) positioned between the front side and the back side;
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wherein the support bar is secured between the front side and the back side such that a gap is created between the front side and the back side (Fig. 1; 12 is secured in the area between the front side and the back side); and
wherein the first contact surface and the second contact surface are configured to engage with a user's foot when in use (Para. [0032]).
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Power fails to disclose the steps having a plurality of irregularly shaped openings extending therethrough.
However, Priest discloses steps having a plurality of irregularly shaped openings extending therethrough (Fig. 6; see detail).
Therefore, 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 steps of Power to include the openings, as taught by Priest, with a reasonable expectation of success because it would reduce the overall weight of the climbing stick making it lighter for transport.
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Claim 6: Power discloses the climbing stick of claim 5, wherein the front side and the back side each further comprise a top edge with a plurality of protrusions extending therefrom (Fig. 1; located at the contact surface - see detail).
Claim 17: Power discloses the set of climbing sticks of claim 12, wherein the first top foot rung further comprises:
a front side (Fig. 1; see detail);
a back side (Fig. 1; see detail); and
one or more spacers (Fig. 4; see detail) positioned between the front side and the back side such that a gap is created between the front side and the back side; wherein the first support bar is secured between the front side and the back side (Fig. 1; 12 is secured in the area between the front side and the back side).
Power fails to disclose the steps having a plurality of irregularly shaped openings extending therethrough.
However, Priest discloses steps having a plurality of irregularly shaped openings extending therethrough (Fig. 6; see detail).
Therefore, 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 steps of Power to include the openings, as taught by Priest, with a reasonable expectation of success because it would reduce the overall weight of the climbing stick making it lighter for transport.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-22 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
Prosecution Insights