DETAILED ACTION
This Office Action is in response to the application filed December 1, 2023. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-11 and 21-29 are pending. Claims 3, 5 and 9 are withdrawn. Claims 1, 2, 4, 6-8, 10, 11 and 21-29 stand rejected as set forth below.
Election/Restrictions
Claims 3, 5 and 9 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on March 19, 2026.
Applicant's election with traverse of Species II in the reply filed on March 19, 2026 is acknowledged. The traversal is on the ground(s) that the description of the species was incorrect. The examiner hereby agrees with the applicant that species II could be on both rails so the description of the mutually exclusive characteristics in the original restriction requirement did not best differentiate the species. With that clarification, applicant does not argue that the identified species are not separate and distinct, thus the requirement of election is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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.
Claims 1, 2, 4, 6-8, 21-24 and 26-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moss (US Pub 2015/0267468).
In regard to Claim 1, Moss discloses a ladder (100) (Fig 1), comprising: a first assembly (102) including a first pair of rails (106a, 106b) and a first plurality of rungs (108) extending between and coupled to the first pair of rails [0032] (Fig 1); a second assembly (104) including a second pair of rails (110a, 110b) and a second plurality of rungs (112) extending between and coupled to the second pair of rails, the second pair of rails being displaceable relative to the first pair of rails between a collapsed configuration and an extended configuration [0032] (Fig 1); and a stabilizer mechanism (130) mounted to at least one rail of the first pair of rails (Fig 2) [0035] and including: a strut (132) having a top end and a bottom end, the top end being pivotally coupled with the at least one rail on a laterally outer side of the at least one rail (Fig 2) [0036]; and a biasing member (154), wherein in response to displacement of the first pair of rails from the collapsed configuration to the extended configuration, the biasing member applies a force to the stabilizer mechanism pivoting the strut at the top end to extend the bottom end outward relative to the at least one rail [0043] (Fig 4). The examiner notes that each side of the rail can be considered a laterally outer side.
In regard to Claim 2, Moss discloses the ladder as described above, wherein the stabilizer mechanism further comprises: at least one link member (150) pivotally coupled to the strut (Figs 4, 5); and a pivot bracket (134) coupled with the at least one rail of the first pair of rails and pivotally coupled to the at least one link member (Figs 4, 5; coupled via the strut).
In regard to Claim 4, Moss discloses the ladder as described above, wherein the stabilizer mechanism further comprises: a second strut (132) pivotally coupled with a second rail of the first pair of rails (Figs 4, 5); at least one second link member (150) pivotally coupled to the second strut (Figs 4, 5); and a second bracket (134) coupled with the second rail and pivotally coupled to the at least one second link member (Figs 4, 5; coupled via the strut).
In regard to Claim 6, Moss discloses the ladder as described above, wherein, when the strut is in the collapsed configuration, the strut is substantially parallel to the at least one rail (Fig 4).
In regard to Claim 7, Moss discloses the ladder as described above, wherein a pivot axis of the strut is oriented at a non-orthogonal angle relative to a plane in which the first pair of rails lies (Figs 4, 5).
In regard to Claim 8, Moss discloses the ladder as described above, wherein the strut is configured to rotate laterally outward relative to the at least one rail (Figs 4, 5).
In regard to Claim 21, Moss discloses the ladder as described above, a ladder (100) (Fig 1), comprising: a first assembly (102) including: a pair of fly rails (106a, 106b) [0032] (Figs 1, 2); and at least one stabilizer mechanism (130) coupled with a rail of the pair of fly rails and including a strut (132) and a follower (142) [0035, 0041] (Fig 2); a second assembly (104) including: a pair of base rails (110a, 110b) slidably displaceable relative to the pair of fly rails between a collapsed configuration and an extended configuration [0032] (Fig 1); and at least one guide portion (top and/or side of rails 110a, 110b) coupled with the pair of base rails [0041] (Fig 3); wherein, in response to displacement of the first assembly and the second assembly from the extended configuration to the collapsed configuration, the follower contacts the at least one guide portion to retract the strut relative to the pair of fly rails [0041-0043] (Figs 3, 4).
In regard to Claim 22, Moss discloses the ladder as described above, wherein the follower is configurable to contact a front surface of the pair of base rails when the pair of fly rails is in the collapsed configuration relative to the pair of base rails (Figs 3, 4).
In regard to Claim 23, Moss discloses the ladder as described above, wherein the at least one stabilizer mechanism comprises a biasing member (154) configured to apply a force extending the strut away from the pair of fly rails [0042-0043) (Figs 4, 5).
In regard to Claim 24, Moss discloses the ladder as described above, wherein movement of the follower against the at least one guide portion is configured to overcome the force applied by the biasing member [0041-0043] (Figs 3, 4).
In regard to Claim 26, Moss discloses the ladder as described above, wherein the at least one stabilizer mechanism includes at least one link member (150) pivotally coupled with the strut and coupled with the follower [0042-0044] (Figs 5).
In regard to Claim 27, Moss discloses a ladder (100) (Fig 1), comprising: a first assembly (102) including a first pair of rails (106a, 106b) and a first plurality of rungs (108) extending between and coupled to the first pair of rails (Fig 1) [0032]; a second assembly (104) including a second pair of rails (110a, 110b) and a second plurality of rungs (112) extending between and coupled to the second pair of rails, the second pair of rails being displaceable relative to the first pair of rails between a collapsed configuration and an extended configuration (Fig 1) [0032]; and a stabilizer mechanism (130) including: a strut (132) pivotally coupled with a rail of the first pair of rails (Fig 5) [0036]; and a biasing member (154) (Fig 2) [0042]; wherein in response to displacement of the second pair of rails relative to the first pair of rails toward the collapsed configuration, contact between a portion of the stabilizer mechanism and a portion of the second assembly is configured to collapse the strut relative to the rail of the first pair of rails (Fig 2) [0041-0043]; and wherein in response to displacement of the second pair of rails relative to the first pair of rails toward the extended configuration, the biasing member is configured to extend the strut relative to the rail of the first pair of rails (Fig 5) [0041-0043].
In regard to Claim 28, Moss discloses the ladder as described above, wherein the portion of the stabilizer mechanism comprises a follower (142) and the portion of the second assembly comprises a top cap (unlabeled) (Fig 5).
In regard to Claim 29, Moss discloses the ladder as described above, wherein displacement of the second pair of rails relative to the first pair of rails toward the collapsed configuration stores potential energy in the biasing member [0043].
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 10, 11 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Moss as applied to claim1 and 21, respectively, above, and further in view of Butler (US 3,935,926)
In regard to Claim 10, Moss discloses the ladder s described above, but does not specifically disclose a sloped or flared structure on the rail. Butler teaches a sloped or flared structure (30) on the at least one rail (Figs 1, 3). 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 rail as disclosed by Moss to include a sloped or flared structure on the top as taught by Butler, since as Butler states in column 1, lines 33-40 it will reduce the frictional contact between adjacent side rails and act as a cut protector. When modified, wherein the stabilizer mechanism of Moss will be configured to pivot into contact with the sloped or flared structure of Butler.
In regard to Claim 11, Moss in view of Butler discloses the ladder as described above, wherein the sloped or flared structure comprises a surface configured to resist movement of the strut away from the collapsed configuration (Butler, Fig 1) (Moss, Fig 4).
In regard to Claim 25, Moss discloses the ladder as described above, but does not disclose the guide portion having a flared width. Butler teaches at least one guide portion (130) has a flared width (Figs 5, 6). 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 rail as disclosed by Moss to include a sloped or flared structure on the top as taught by Butler, since as Butler states in column 1, lines 33-40 it will reduce the frictional contact between adjacent side rails and act as a cut protector. When modified the follower of Moss will be configured to contact the flared width of Butler to retract the strut relative to the pair of fly rails.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See list of references on PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Mattei whose telephone number is (571)270-3238. The examiner can normally be reached Monday to Friday 8:00 to 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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