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 .
DETAILED ACTION
Claims 1 – 3 and 8 – 12 have been examined. Claims 4 – 7 and 13 – 18 have been withdrawn by Applicant via election/restriction.
Election/Restrictions
Claims 4 – 6 and 13 – 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 23 February 2026. Additionally, claim 7 is considered withdrawn since elected Species I, as shown in figure 1, does not show a vertical member comprising one or more bends.
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.
Claims 1 – 3, 8, and 11 – 12 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Jackson (11,584,302). In regard to claim 1, Jackson discloses an aftermarket assistance device for mounting to an entry point of a vehicle comprising a first end and a second end with at least one vertical support member extending therebetween (Fig. 1, item 42a), wherein the first end comprises a first mounting surface for coupling to a first step (Fig. 1, item 44) and the second end comprises a second mounting surface for coupling to a second step (Fig. 1, item 48) and wherein the length of the vertical support member is in the range of about 12 to about 24 inches (column 12, lines 6 – 12), and a foot hold surface positioned about halfway between the first end and second end (Fig. 1, item 46).
In regard to claim 2, Jackson discloses wherein the foot hold surface, the first mounting surface, and/or the second mounting surface are configured to be bolted or welded to the vertical support member (column 6, lines 46 – 47).
In regard to claim 3, Jackson discloses wherein the foot hold surface, the first mounting surface, and/or the second mounting surface are integrally formed with the vertical support member (column 6, lines 46 – 47).
In regard to claim 8, Jackson discloses herein the assistance device is comprised of steel, aluminum, diamond plate steel, or combinations thereof (column 6, lines 47 – 49).
In regard to claim 11, Jackson discloses wherein the vehicle is a semi-truck, semi-trailer, truck, or trailer (column 5, lines 7 – 11).
In regard to claim 12, Jackson discloses wherein the assistance device is an assistance step (Fig. 1).
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 9 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (11,584,302) as applied to claims 1 – 3, 8, and 11 – 12 above. Jackson does not disclose the surface areas of the steps and foot hold. In regard to claims 9 and 10, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a foot hold of 1/2 to 1/3 the surface area of the first and/or second steps, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Marshall (4,071,260) discloses an easy cab entry and exit;
Johnston et al. (6,264,222) disclose a retractable stairway assembly;
Schneider (11,851,025) discloses a vehicle cab access assembly;
Prebola (2009/0183946) discloses a portable access ladder;
Miller et al. (2020/0062184) disclose a folding staircase.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613