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 1/20/26. Accordingly the application has been amended.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and all claims depending therefrom are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the limitation "the first vertical end" in 7 and “the second vertical end” in line 8. There is insufficient antecedent basis for this limitation in the claim.
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) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jefferys (3499254) in view of Jain (20200407979).
Claims 1-2. Jefferys discloses a stair system, the stair system comprising:
a first perimeter frame member (41);
a first stair tread bracket (60 or 61 of 52 or 53 as noted in the disclosure) coupled to the first perimeter frame member, wherein the first stair tread bracket comprises a coupling member (54 or the vertical leg portion) and a tread support (the horizontal leg portion), wherein the coupling member is positioned on a top end of the first perimeter frame member when in an assembled configuration (where it is positioned on a top end of the side of the first perimeter frame member as seen in the figures);
one or more stair tread members (46), wherein the one or more stair tread members are supported by at least a portion of the first stair tread bracket when in the assembled configuration (as noted in the figures and disclosure).
Jefferys does not disclose one or more fastening brackets, wherein the one or more fastening brackets comprises first and second fastening brackets, coupled to the first perimeter frame member, when in the assembled configuration.
Jain discloses a stair system having one or more fastening brackets comprising a first and second fastening bracket, (36) coupled to a first perimeter frame (12).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the system of Jefferys to include the one or more fastening brackets of Jain to achieve the predictable result of securely attaching, to resist movement and avoid damage, the stair system to an upper and lower support structure such as a floor or ceiling (as noted at paragraph 0055 of Jain).
Claim 3. The stair system of claim 2, wherein each of the first and second fastening brackets comprises a first securing surface and a second securing surface (as seen in figures 7A-7D of Jain), wherein the first securing surface and the second securing surface are orthogonal to one another, and wherein the first securing surface and the second securing surface are shaped different from one another (as seen in figures 7A-7D of Jain).
Claims 4-7. Jefferys in view of Jain disclose the stair system of claim 3, Jain discloses wherein the first fastening bracket is coupled to: the first perimeter frame member at or adjacent a first end of the first perimeter frame member; and to a first support structure (such as the floor or ceiling), when in an assembled configuration; wherein the first securing surface of the first fastening bracket contacts a first side of the first perimeter frame member, and the second securing surface of the first fastening bracket contacts the first support structure, when in the assembled configuration; and
wherein the second fastening bracket is coupled to: the first perimeter frame member at or adjacent a second end of the first perimeter frame member; and to a second support structure (the other of the floor or ceiling), when in an assembled configuration; wherein the second securing surface of the second fastening bracket is coupled to the first side of the first perimeter frame member, and wherein the first securing surface of the second fastening bracket is coupled to the second support structure, when in an assembled configuration.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to couple the first and second fastening brackets, via a securing surface to at first and second ends of the perimeter frame member and to first and second support structure via an additional securing surface, as claimed, where Jain discloses the claimed configuration as seen in the figures and noted at least in the disclose at paragraph 0055 and such a configuration achieves the predictable result of reducing materials and cost and improving the safety and security of the stair system in the assembled condition.
Claim 8. The stair system of claim 7, where Jefferys discloses a recessed portion of the first perimeter frame member as seen in the figures. Accordingly, it would have been obvious to one of ordinary skill in the art to pursue known design options and have the second securing surface of the second fastening bracket is positioned at least partly within the recessed portion of the first perimeter frame member, when in an assembled configuration to achieve the predictable result of the bracket being securely attached to the perimeter frame member for structural integrity.
Claim 9. The stair system of claim 1, wherein a bottom end of the one or more stair tread members is above at least a portion of the first perimeter frame member (where it is above the bottom, which is considered to be a portion of the first perimeter frame member) when in the assembled configuration.
Claim 10. The stair system of claim 9, wherein the coupling member of the first stair tread bracket is coupled to a top side of the first perimeter frame member (where it is at a side near the top and therefore at a top side), when in an assembled configuration.
Claim 11. The stair system of claim 10, wherein the tread support of the first stair tread bracket contacts a bottom surface of the one or more stair tread members, when in an assembled configuration (as seen in for example figures 4-5).
Claim 12. The stair system of claim 9, wherein the one or more stair tread members comprises a front stair tread member (50) and a back stair tread member (51).
Claim 13. The stair system of claim 12, wherein the front stair tread member is coupled to the back stair tread member via a tab (at 87) of the front stair tread member and a complementary-shaped receiving tab (at 85) of the back stair tread member, when in an assembled configuration.
Claim 14. The stair system of claim 13, wherein the one or more stair tread members comprise a top surface having one or more recessed portions (defined by ridge 114 or at 85).
Claim 15. The stair system of claim 9, wherein the first stair tread bracket further comprises an engagement tab (62) that interacts with an end tab (92) of the one or more stair tread members, when in an assembled configuration (as seen in figure 2).
Claim 16. The stair system of claim 9, wherein the one or more stair tread members comprises a receiving slot (formed by 72 and 73 and/or at 90 formed by 115 and 92 as seen in figures 2,3) for receiving at least a portion of the tread support of the first stair tread bracket, when in an assembled configuration.
Claim 17. The stair system of claim 16, wherein the receiving slot of the one or more stair tread members extends from a first side to a second side of the one or more stair tread members as noted in the figures).
Claim 18. The stair system of claim 17, wherein the receiving slot of the one or more stair tread members further receives at least a portion of a tread support of a second stair tread bracket (at the opposite side), wherein the first stair tread bracket is positioned at the first side of the one or more stair tread members and the second stair tread bracket is positioned at the second side of the one or more stair tread members, when in an assembled configuration (as seen in figure 4).
Claim 19. The stair system of claim 1, wherein the first perimeter frame member comprises a first lateral end; a second lateral end that is opposite the first lateral end; a top end; a bottom end that is opposite the top end; a first side extending between the first lateral end and the second lateral end, and extending between the top end and the bottom end; a second side opposite the first side, the second side extending between the first lateral end and the second lateral end, and extending between the top end and the bottom end (as seen in figure 1); wherein the first side comprises first and second engagement members (97), wherein the first engagement member is adjacent the first vertical end (where there are top and bottom members 97 that extend to both ends as seen in figures 4-5), wherein the second engagement member is adjacent the second vertical end (where there are top and bottom members 97 that extend to both ends as seen in figures 4-5), and wherein a recessed portion (the portion between97 as seen in figures 4-5) is positioned between the first and second engagement members.
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.
Claim(s) 1,20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Jefferys (3499254).
Claim 1. Jefferys discloses a stair system, the stair system comprising:
a first perimeter frame member (41);
a first stair tread bracket (60 or 61 of 52 or 53 as noted in the disclosure) coupled to the first perimeter frame member, wherein the first stair tread bracket comprises a coupling member (54 or the vertical leg portion) and a tread support (the horizontal leg portion), wherein the coupling member is positioned on a top end of the first perimeter frame member when in an assembled configuration (where it is positioned on a top end of the side of the first perimeter frame member as seen in the figures);
one or more stair tread members (46), wherein the one or more stair tread members are supported by at least a portion of the first stair tread bracket when in the assembled configuration (as noted in the figures and disclosure);
one or more fastening brackets (43) coupled to the first perimeter frame member, when in the assembled configuration.
Claim 20. A stair system, the stair system comprising:
a first perimeter frame member (41);
a second perimeter frame member (the other 41) spaced apart from the first perimeter frame member;
a first stair tread bracket (60 or 61) coupled to the first perimeter frame member, when in an assembled configuration;
a second stair tread bracket (60 or 61 on the other perimeter frame member) coupled to the second perimeter frame member, when in an assembled configuration;
one or more stair tread members (46) supported by at least a portion of the first stair tread bracket and the second stair tread bracket, when in the assembled configuration;
one or more first fastening brackets (43) coupled to the first perimeter frame member, when in the assembled configuration; and
one or more second fastening brackets (43 on the other perimeter frame member) having a first surface and a second surface (at 101) orthogonal to the first surface recessed within a portion of and coupled to the second perimeter frame member (where it is recessed within 97 as noted in col. 5, lines 61-62), when in the assembled configuration.
Response to Arguments
Applicant's arguments filed 1/20/26 have been fully considered but they are not persuasive.
Applicants arguments regarding the 112b rejection of claim 19 are not persuasive, the claims have not been amended, therefore the rejection is maintained.
Applicants arguments regarding claim 1 at pages 2-4, regarding Jefferys, are not persuasive. Applicant appears to have an overly narrow interpretation of the claim term “top end”. The bracket of Jefferys is considered to be on the top end of the side of the perimeter frame member for at least the reason that it is located in the top half which is considered to be the top end of the side (as seen in figure 4).
Applicant’s argument that Jefferys does not disclose fastening brackets having orthogonal surfaces recessed within a portion of the perimeter frame member is in claim 20 is not persuasive. The fastening bracket of Jefferys does have orthogonal surfaces at 101, which are orthogonal to the vertical surface, and are recessed within a portion of the perimeter frame member at 97 as seen in figure 4 and noted in the disclosure.
Applicants arguments regarding claim 8 are not persuasive. Jefferys clearly discloses a perimeter frame member having a recess surface (formed by 97 as seen in figure 4). Applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The rejection of claim 8 relies upon a combination of Jefferys in view of Jain. Applicant’s arguments are drawn only to Jefferys and not the combination of Jefferys in view of Jain as in the office action rejection of claim 8. Applicant’s argument that Jefferys does not provide the specific structural arrangement is not persuasive to overcome the combination as presented in the office action. The surface of 41, recessed in from 97, as seen in figure 4, provides the most surface area for attaching the bracket securely to the perimeter frame member. Thus it would have been obvious to use that surface to attach the bracket for structural integrity, where the surface of 43 is snapped into 41/97 and does not provide the same structural integrity as the surface of 41. Applicant’s arguments are not persuasive.
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 JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635
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