This is a Final office action for serial number 18/527149.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the pair of claims is pivotable about a respective pair vertical pivot axes must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mittanck et al. (mittanck) 12,000211.
Mittanck discloses claims:
12. A ladder, comprising: a first assembly (102) including a first pair of rails and a plurality of rungs extending between and coupled to the first pair of rails; a second assembly (108) including a second pair of rails, the second pair of rails being pivotally displaceable relative to the first pair of rails between a collapsed configuration and an expanded configuration; a top cap (116) coupled to the first pair of rails; a tray coupled to and extending rearward from the top cap; and a pair of clamps (left and right 134) coupled to the top cap or to the tray, wherein: each clamp of the pair of clamps includes an elongated body (see figure below) having a first end directly coupled to the top cap or the tray and a second end opposite the first end; each elongated body is movable between a locked position (figure 2) and an unlocked position (figure 4, see Column 5, lines 31-36, locking device) by pivoting the second end (since second end is locked in place on the tray therefore in broadest sense locked to tray) of the elongated body relative to the tray between the locked position and the unlocked position; the second end is locked to the top cap or the tray, and resists movement of the second end away from the top cap or the tray, when the elongated body is in the locked position.
13. The ladder of claim 12, wherein each clamp of the pair of clamps pivotally coupled with the tray.
14. The ladder of claim 12, wherein each clamp of the pair of clamps is pivotally coupled with the top cap.
15. The ladder of claim 12, wherein the pair of clamps is pivotable about a respective pair of horizontal pivot axes.
[AltContent: textbox (1st Clamp
Directly pivotally coupled 1st end
Tray
Top cap)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Directly pivotally coupled 1st end
Elongate body
2nd clamp)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (Unlocked position)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Locked position
Second end locked to tray)]
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Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Weiss 7424933.
Weiss discloses claim:
17. A tray for a ladder, comprising: a body (505) attachable to a top cap (500) of a ladder; a convertible compartment (multiple compartments formed in body) formed in the body and having a set of lateral sides (see figure below including front, back, right and left sides of body) and a bottom side (Panel 520 when it forms bottom of convertible compartment since 520 will be on the bottom of compartments forming a bottom panel. When the bottom side of compartments when in this position), wherein a bottom aperture is defined in the bottom side; a panel (520) positioned at the bottom of the convertible compartment and movable between a first position (closed on bottom side of compartment as shown in figure 33) covering the bottom aperture and an upward-rotated second position (when shown in figure 32) exposing the bottom aperture; wherein the panel is lockable in the first position relative to the body.
18. The tray of claim 17, wherein the body comprises at least one hinge portion (hinged lid 510) configured to be rotatably coupled with the top cap.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Bottom side with bottom aperture when in position of Figure 32)][AltContent: textbox (Panel 520
Front, back, right, left lateral sides
Body
Tray 505
Top cap 500)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Hinge portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (Body 510)][AltContent: arrow][AltContent: textbox (Elongate member (snap fit, toggle typelatch which is a conventional pivotable latch))][AltContent: textbox (Panel 520 when it forms bottom of convertible compartment since 520 will be on the bottom of compartments forming a bottom panel, when in this position and the panel 520 is on the underside of the 510 panel. )][AltContent: arrow]
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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.
Claim(s) 16 is/are rejected, as best understood, under 35 U.S.C. 103 as being unpatentable over Mittanck et al. (mittanck) 12,000211 in view of Gibson et al. (Gibson) 2003/0029676.
Mittanck discloses all of the limitations of the claimed invention except for the pair of clamps is pivotable about a respective pair of vertical pivot axes.
Gibson teaches it is known to (Claim 16) have pair of clamps/members (124) is pivotable about a respective pair of vertical pivot axes (126). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have the pair of clamps is pivotable about a respective pair of vertical pivot axes for the purpose of providing a mechanical equivalent for pivoting the clamps to the tray allowing the clamps to pivot inward and outward from the tray reducing the chance of injury to the user, the device, and allowing the device to be closed and open with minimal force and work space area.
Claim(s) 12-16 is/are rejected, as best understood claim 16, under 35 U.S.C. 102(a)(1) as being anticipated by Gugel et al. (Gugel) WO99/09289 in view of Fisher 2008/0141495.
Gugel discloses claims:
12. A ladder, comprising: a first assembly (left rails and rungs) including a first pair of rails and a plurality of rungs extending between and coupled to the first pair of rails; a second assembly (right rails and rungs) including a second pair of rails, the second pair of rails being pivotally displaceable relative to the first pair of rails between a collapsed configuration and an expanded configuration; a top cap (500) coupled to the first pair of rails; a tray coupled to and extending rearward from the top cap; and a pair of clamps wherein: each clamp of the pair of clamps (254/252 beneath top cap 500 in figure 24) includes an elongated body having a first end directly coupled to the top cap or the tray and a second end opposite the first end; each elongated body is movable between a locked/1st position (See figure 11, folded 252) and an unlocked/2nd position (open 252) by pivoting the second end (outer end) of the elongated body relative to the tray between the locked position and the unlocked position; the second end is attached/contacting the top cap or the tray.
13. The ladder of claim 12, wherein each clamp of the pair of clamps pivotally coupled with the tray.
14. The ladder of claim 12, wherein each clamp of the pair of clamps is pivotally coupled with the top cap.
15. The ladder of claim 12, wherein the pair of clamps is pivotable about a respective pair of horizontal pivot axes.
16. The ladder of claim 12, wherein the pair of clamps (254/256) is pivotable about a respective pair of vertical pivot axes (see figure 10-11).
[AltContent: textbox (Pair of clamps (254/252) as discussed in specification for figures 10, 11)][AltContent: arrow]
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Gugel discloses all of the limitations of the claimed invention except for the 1st position is a locked position.
Fisher teaches that it is known to have a device having an unlocked position and a locked position (lockable hinge providing a locking position). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Gugel to have a clamp having an unlocked position (when position away from tray) and a locked position (when positioned in contact with tray) as taught by Fisher for the purpose of providing a means to lock the clamp to the tray/cap for the purpose of preventing accidental movement of the clamp to prevent accidental removal of the roll member and also allow for the clamp to a closed position for transport or storage by reducing the size of the device. Gugel in view of Fisher inherently teaches wherein the second end of the clamp resists movement of the second end away from the top cap or the tray, when the elongated body is in the locked position.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss 7424933 in view of Rosko 20020017430.
Weiss discloses all of the limitations of the claimed invention except for further comprising a retention recess coupled to the sidewall; and wherein the panel in the first position relative to the body is insertable into the retention recess.
Rosko teaches it is known to have
19. The tray of claim 17, further comprising a retention recess (96) coupled to the sidewall; and wherein the panel (84) in the first position relative to the body is insertable into the retention recess (via 94, 100). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Weiss to have further comprising a retention recess coupled to the sidewall; and wherein the panel in the first position relative to the body is insertable into the retention recess as taught by Rosko for the purpose of providing a means to prevent the panel from accidental opening.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss 7424933 in view of Cooke 5,462,318.
Weiss discloses all of the limitations of the claimed invention except for comprising at least one elongated member pivotally coupled with the body and movable relative to the body between an open position and a closed position.
Cooke teaches it is known to have claim:
20. The tray of claim 17, further comprising at least one elongated member (22) pivotally coupled with the body and movable relative to the body between an open position (when unlocked) and a closed position (when locked).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Weiss to have included at least one elongated member pivotally coupled with the body and movable relative to the body between an open position and a closed position for the purpose of providing a locking means for securing the body within the top cap.
Allowable Subject Matter
Claims 1-11 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 12-20 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.
In response to applicant’s remarks regarding the drawings:
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the pair of claims is pivotable about a respective pair vertical pivot axes must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings do not provide enough detail to satisfy or overcome the drawings objections therefore the applicant is required to provide a figure that shows 3034 with a vertical pivot axis. The figures appear to only show a horizontal pivot axis therefore the drawing rejection stands.
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/Primary Examiner, Art Unit 3631