DETAILED ACTION
This is a Final action on the merits of application 18531779.
Claims 1-20 are pending.
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.
Claim(s) 1-5, 7-9, 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ALLENDER ES 2773697, and further in view of Holseberg US 10220920.
Claim 1 and 12, Allender discloses a pocket ladder assembly for a boat having a passenger deck 208 with a periphery and a sidewall 206 at the periphery of the passenger deck extending upwardly, a door 210 opening in the sidewall 206, the pocket ladder assembly comprising: a collapsible ladder 216 having a plurality of sections and a plurality of rungs attached thereto [Fig. 6], the collapsible ladder having a collapsed stow state and an expanded use state; a stowing enclosure [inside 208] for receiving the collapsible ladder 216 when the ladder assembly is in the collapsed stow state and is upright, the stowing enclosure placeable or placed adjacent the door opening [figs. 5-6]; and an extension-retraction mechanism 274 [ Fig. 10] for moving the collapsible ladder between the stowing enclosure and outside of the stowing enclosure in the door opening on the boat. See figs. 2-10. Holseberg also discloses a stowing enclosure for receiving the collapsible ladder when the pocket ladder assembly is in the collapsed stow state and is upright, the stowing enclosure including an opening facing the door opening, the stowing enclosure placeable or placed adjacent the door opening; and an extension-retraction mechanism for moving the collapsible ladder between the stowing enclosure and outside of the stowing enclosure in the door opening on the boat. See figs 2-8. The Holseberg reference discloses the amendment to the claims thus 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 modified Allender with Holseberg to achieve the door and ladder configuration stated above as a means of vessel egress.
Claim 2, Allender discloses wherein the extension-retraction mechanism [Fig. 10] comprises a threshold plate 276 that is extendable from and retractable to the stowing enclosure
Claim 3, Allender discloses wherein the extension-retraction mechanism further comprises an extender mechanism comprising one of a track and carriage slidable thereon and a plurality of rectangular or channel shaped tubing members telescopingly connected, the extender mechanism positioned at or positionable at a lower portion of the stowing enclosure. See figs. 9- 10 and pg. 8 lines 15-45.
Claim 4, Allender discloses wherein the collapsible ladder 216 is pivotally and/or slidably connected to the threshold plate 276 to extend the collapsible ladder outwardly and downwardly from the door opening. See figs. 8-10
Claim 5, Allender discloses wherein the plurality of sections of the collapsible ladder telescope together. See Pg. 7 lines 40-50.
Claim 7, Allender discloses wherein the extension-retraction mechanism 274 comprises a threshold plate 276 is movable from a stow position not obstructing the door opening to a use position where the threshold plate is at the bottom of the door opening. See figs. 8-10.
Claim 8, Allender discloses wherein the extension-retraction mechanism 274 includes a hinge [hinge axis 218] positioned at a lower corner of the door 210 opening such that the threshold plate 276 is pivotal between an upright position at an opening to the enclosure to the use position.
Claim 9, Allender discloses wherein the collapsible ladder 216 comprises a post with a plurality of telescoping post segments, and wherein the threshold plate 276 includes a receiver for an upper end of the post, the receiving having a slot for receiving a pin extending through the upper end of the post whereby the collapsible ladder is slidingly and pivotally connected to the threshold plate at the receiver. See fig. 10 wherein there are various posts, slots and pins.
Claim 11, Allender discloses in combination with the boat, the pocket ladder assembly installed in the boat, and wherein the boat comprises a door 210 hingedly attached to a door frame defining the door opening. See figs. 8-10
Claim 13, Allender discloses the collapsible ladder 216 telescopes and/or folds to a collapsed state. See figs. 9-10.
Claim 14, Allender discloses the pocket door assembly further comprises a threshold plate 276 that the collapsible ladder 216 is pivotally attached to. See figs 8-10
Claim 15, Allender discloses when the collapsible ladder 216 is fully deployed, the threshold plated 276 is position on the door opening. See figs. 9-10
Claim 16, Allender discloses wherein when the collapsible ladder 216 is deployed, the door cannot close. See figs 13-14
Claim 17, Allender discloses wherein when the door 210 is closed, the collapsible ladder 216 cannot extend out of the stowing enclosure. See figs. 7-8
Method Claims 18-20, Allender discloses a method of deploying a ladder from a boat, the method comprising: opening a door in a door frame providing a door opening; moving a stowed ladder having an upright stowed configuration in a stowing enclosure adjacent to the door opening into a ladder seating position in the door opening; rotating the ladder from the upright stowed configuration to an intermediate configuration; extending the ladder from the intermediate position to a deployed position where the ladder extends outwardly and downwardly and opening the door comprises rotating the door about a hinge with a vertical axis and wherein extending the ladder from the intermediate position to a deployed position comprises extending telescoping sections of the ladder. It has been held that when all the structural limitations are found in the prior art then the art must inherently be able to preform the above said method step limitations, thus the claims are rejected.
Claim(s) 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allender et al.
Claim 6, Allender discloses the aforementioned limitations of claim 1, he does not disclose explicitly wherein the plurality of sections of the collapsible ladder are foldable together into the collapsed stow state and are unfoldable to the expanded use state. He does disclose it collapses telescopically which is an equivalent method of extended and contracting a ladder. It has been held that art equivalents is of ordinary skill, thus 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 use said method as means for collapsing the ladder to fit in an enclosure.
Claim 10, Allender discloses the aforementioned limitations of claim 1, he does not disclose explicitly wherein the stowing enclosure does not exceed 3 feet in height. It has been held that finding an optimal value is of ordinary skill in the art. Thus, using a specific height value in itself is not given significant patentable weight. 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 use above said optimal value based on door or deck dimensions.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12 and 18 have been considered but are moot because the new ground of rejection does not rely on only one reference previously applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The newly added reference of Holseberg definitively discloses in the drawings the limitations of the independent claim amendments when made in conjunction with the Allender reference.
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 JOVON E HAYES whose telephone number is (571)272-3115. The examiner can normally be reached 10am-6pm M-F.
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/JOVON E HAYES/Examiner, Art Unit 3615
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615
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