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 .
Election/Restrictions
Applicant’s election without traverse of Group I, and Species III, fig. 10, in the reply filed on 4/10/2026 is acknowledged. Applicant points to claims 1-14 and 21-26 to encompass the elected group and the elected species. However, claims 6-7 claim for a fourth wall but Species III specifically does not have a fourth wall as seen in fig. 10 and described in para. 0069. Claim 9 claims for an end cap but an end cap is not described for Species III as seen in fig. 10 and in the specification. Therefore, claims 6-7 and 9 are withdrawn from examination.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 364, 366, 368. 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. 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.
Specification
The disclosure is objected to because of the following informalities:
Para. 0070 recites “The first portion 236 does not include a fourth or bottom wall.” But it is talking about fig. 10 where the numbering is in the 300s. It seems to mean first portion 326 instead.
Appropriate correction is required.
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.
Claims 2, 5, 14, and 21 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 2 recites “a maximum displacement of less than about 0.125 inches” but it is unclear what displacement it is referring to. Is it the vertical displacement of the height of the cantilevered step? Is it the length of the cantilevered step? Is it the thickness? From where to where is this displacement referring to?
Claim 14 recites “a second attachment surface” but claim 14 depends upon claims 10 and 1, in which claim 1 already claimed for a second attachment surface. Does it mean the same second attachment surface or a different one? It seems to be claiming a new attachment surface due to the article “a”.
Claim 5 recites “an angled skirt that depends from the cantilevered wall and extends toward the third wall to join the third wall at the second attachment surface” and claim 21 recites “a cantilevered wall and an angled skirt, the cantilevered wall cantilevered from a first attachment surface on the third wall, the angled skirt depending from a distal end of the cantilevered wall and the angled skirt extending inward toward the third wall at an acute angle relative to the cantilevered wall, the angled skirt intersecting the third wall at a second attachment surface” but it is unclear if they mean the same cantilevered wall 329 as described in claim 4, or first cantilevered wall 329 and second cantilevered wall 362. Does claim 5 mean that the angled skirt 348 depends upon the first cantilevered wall 329 even with first skirt 360 in between or does claim 5 refer to the second cantilevered wall 362? Claim 21 seems to refer to second cantilevered wall 362 with the limitation “the angled skirt depending from a distal end of the cantilevered wall and the angled skirt extending inward toward the third wall at an acute angle relative to the cantilevered wall” but claim 21 describes “a cantilevered wall cantilevered from a first attachment surface”, just as described in claim 4 for the first cantilevered wall 329. The only acute angle seen in fig. 10 for angled skirt 348 to a cantilevered wall is the angle at reference number 348 for second cantilevered wall 362. It is unclear what angle can be seen from angled skirt 348 to first cantilevered wall 329 if the claims only mean first cantilevered wall 329. The terms seem inconsistent and it is unclear specifically which components they are referring to.
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, 3-5, 8, 21-22, and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Brien et al. (US 20110297482), hereinafter O’Brien.
Regarding claim 1, O’Brien teaches of a ladder (fig. 3B, ladder) comprising:
a rail assembly including a first rail and a second rail spaced from and opposite the first rail (fig. 4, rails 32 have a first rail and a second rail spaced from and opposite the first rail); and
a cantilevered step (ladder step attachment 10) coupled to the first rail and the second rail (seen in fig. 3B), the cantilevered step including:
a first portion disposed between the first rail and the second rail (fig. 4, dotted line of the cantilevered step 10), the first portion including first wall (standing surface 12), a second wall (lip member 14), and a third wall (non-engaging portion 28, engaging portion 20), the first wall (12) forming at least a portion of a standing surface (seen in fig. 2), the second wall (14) and the third wall (28, 20) depending from the first wall (seen in fig. 2);
and a second portion (support 16) coupled to the first portion (seen in fig. 2) along the third wall (28, 20) at a first attachment surface (intersection of first wall to the non-engaging portion 28 has a cross-section attachment surface) and a second attachment surface (bottom corner of engaging portion 20 to the sloped wall of support member 16), the second portion (16) cantilevered from the first portion such that the second portion extends beyond the rail assembly (seen in fig. 4).
Regarding claim 3, O’Brien teaches of claim 1, and wherein the first portion has a cross-sectional shape that is C-shaped (seen in fig. 2).
Regarding claim 4, O’Brien teaches of claim 1, and (fig. 2) wherein the second portion includes a cantilevered wall that is cantilevered from the first attachment surface (common wall 18 of second portion 16 is cantilevered at the T-intersection for the first wall 12. Examiner notes that components that are integral with each other reads upon the limitations), wherein the cantilevered wall is coplanar with the first wall of the first portion (seen in fig. 2).
Regarding claim 5, O’Brien teaches of claim 4, and (fig. 2) wherein the second portion further includes a proximal end portion adjacent to the first portion and a distal end portion opposite the proximal end portion (seen in fig. 2), the distal end portion including an angled skirt (angled wall at reference number 16) that depends from the cantilevered wall (connected to and depends from the cantilevered wall 18) and extends toward the third wall (28, 20) to join the third wall at the second attachment surface (joins at the bottom corner connecting to portion 20 of the third wall).
Regarding claim 8, O’Brien teaches of claim 1, and wherein first portion and the second portion of the cantilevered step are hollow (seen in fig. 2).
Regarding claim 21, O’Brien teaches of claim 1, and wherein (fig. 2) the second portion (16) includes a cantilevered wall (18) and an angled skirt (sloped wall at reference number 16), the cantilevered wall (18) cantilevered from a first attachment surface on the third wall (28, 20) (common wall 18 of second portion 16 is cantilevered at the T-intersection at the third wall 28, 20. Examiner notes that components that are integral with each other reads upon the limitations),
the angled skirt depending from a distal end of the cantilevered wall (depends on the distal end of the cantilevered wall 18) and the angled skirt extending inward toward the third wall (28, 20) at an acute angle relative to the cantilevered wall (as best understood by the 112b rejection above, annotated fig. 1 below, angle at the corner of portion 20 (the flat bottom of the corner is a cantilevered wall from the bottom of portion 20) to the angled skirt is an acute angle), the angled skirt intersecting the third wall at a second attachment surface (intersecting at a cross-section surface of the corner of portion 20 of the third wall).
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Annotated fig. 1: fig. 2 of O’Brien
Regarding claim 22, O’Brien teaches of claim 1, and wherein (fig. 3B) the ladder further comprises a plurality of steps (rungs 21) disposed between the first rail and the second rail (32) (seen in fig. 3B).
Regarding claim 24, O’Brien teaches of claim 22, and wherein (fig. 4) the first portion of the cantilevered step (10) has a cross-sectional profile that is different than a cross-sectional profile of the plurality of steps (21) (seen in fig. 4).
Regarding claim 25, O’Brien teaches of claim 1, and wherein (fig. 1) the cantilevered step has at least two different lengths along portions of its width (different lengths at the front and rear of the cantilevered step 10).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over O’Brien in view of Goodnow et al. (US 20160348433), hereinafter Goodnow.
Regarding claim 2, O’Brien teaches of claim 1, but does not appear to teach of wherein the cantilevered step has a maximum displacement of less than about 0.125 inches.
Goodnow teaches of wherein (fig. 7) the cantilevered step (step adapter 10) has a maximum displacement of less than about 0.125 inches (as best understood by the 112b rejection above, ¶0040, maximum displacement of the thickness of the cantilevered step 10 is 1/8 to 7/32 inches (0.125 to 0.21875 inches)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified O’Brien to incorporate the teachings of Goodnow of wherein the cantilevered step has a maximum displacement of less than about 0.125 inches in order to have a thickness necessary to withstand the load of the user on the ladder.
Claims 10-14, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over O’Brien in view of Moss et al. (US 20210222492), hereinafter Moss.
Regarding claim 10, O’Brien teaches of the ladder of claim 1 (see claim 1 rejection above), wherein the rail assembly is a front rail assembly including a first front rail and a second front rail spaced from and opposite the first front rail (the two rails 32 seen in fig. 3B), and wherein the first rail is the first front rail and the second rail is the second front rail (seen in fig. 3B); and
wherein the second portion (16) extends beyond the first front rail and the second front rail (seen in fig. 4).
O’Brien does not appear to teach of wherein the ladder further includes: a rear rail assembly coupled to the front rail assembly at a hinged portion, the rear rail assembly having a first rear rail and a second rear rail spaced from and opposite the first rear rail.
Moss teaches of wherein (fig. 1) the ladder (stepladder 100) further includes: a rear rail assembly (second assembly 108 having spaced apart rails 110) coupled to the front rail assembly (first assembly 102 with spaced apart rails 104) at a hinged portion (hinged at 115), the rear rail assembly having a first rear rail (one of the rails 110) and a second rear rail spaced from and opposite the first rear rail (the other rail 110 opposite from the first rear rail).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified O’Brien to incorporate the teachings of Moss of wherein the ladder further includes: a rear rail assembly coupled to the front rail assembly at a hinged portion, the rear rail assembly having a first rear rail and a second rear rail spaced from and opposite the first rear rail in order to have a ladder that can stand by itself and does not need to be leveraged against a wall.
Regarding claim 11, O’Brien as modified teaches of claim 10, wherein (fig. 4) the cantilevered step (10) is disposed on the front rail assembly at a first position (seen in fig. 4).
O’Brien does not appear to teach of wherein the rear rail assembly further includes a horizontal bar extending between the first rear rail and the second rear rail at a second position on the rear rail assembly, and wherein the second position is opposite the first position.
Moss teaches of wherein (fig. 1) the rear rail assembly (108) further includes a horizontal bar (cross-braces 112) extending between the first rear rail and the second rear rail at a second position on the rear rail assembly (seen in fig. 1), and wherein the second position is opposite the first position (opposite the first position of cantilevered step 106A on the front rail assembly 102).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified O’Brien to incorporate the teachings of Moss of wherein the rear rail assembly further includes a horizontal bar extending between the first rear rail and the second rear rail at a second position on the rear rail assembly, and wherein the second position is opposite the first position in order to provide a desired level of strength and rigidity to the rear rail assembly as motivated by Moss in para. 0029.
Regarding claim 12, O’Brien as modified teaches of claim 10, but does not appear to teach of wherein the ladder further includes a first spreader and a second spreader coupled to the front rail assembly and the rear rail assembly, and wherein the cantilevered step is nested between the first spreader and the second spreader when the ladder is folded.
Moss teaches of wherein (fig. 1) the ladder (100) further includes a first spreader (one of the spreaders 120) and a second spreader (the other spreader 120) coupled to the front rail assembly (102) and the rear rail assembly (108) (seen in fig. 1), and wherein the cantilevered step (rungs 106A) is nested between the first spreader and the second spreader when the ladder is folded (when the ladder 100 is folded, the rungs 106A would be nested between the first and second spreaders 120).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified O’Brien to incorporate the teachings of Moss of wherein the ladder further includes a first spreader and a second spreader coupled to the front rail assembly and the rear rail assembly, and wherein the cantilevered step is nested between the first spreader and the second spreader when the ladder is folded in order to provide added stabilization and maintain a desired angle between the front and rear rail assemblies as motivated by Moss in para. 0035 and to nicely compact the cantilevered step within the ladder such that it is easy to carry and would not get tangled with objects when the ladder is being carried around.
Regarding claim 13, O’Brien as modified teaches of claim 10, and wherein (fig. 4) the cantilevered step (10) has a total step width that extends between the second wall (14) and a distal edge of the second portion (16) (seen in fig. 4), wherein the ladder has a ladder width that extends between the front rail assembly and the rear rail assembly (as modified by Moss to have a front and rear rail assembly and as such have a ladder width), and wherein the total step width is less than the ladder width (as seen in fig. 1 of Moss and modified into O’Brien, the total step width of cantilevered steps 106A is less than the ladder width).
Regarding claim 14, O’Brien as modified teaches of claim 10, and wherein (fig. 2) the second portion (16) further includes an angled skirt that depends from a distal end of the second portion (sloped wall at reference number 16 depends from a distal end of the second portion) and couples to the third wall at a second attachment surface (couples at the bottom corner connecting to portion 20 of the third wall).
Regarding claim 23, O’Brien teaches of claim 22, but does not appear to teach of wherein the first portion of the cantilevered step has a cross-sectional profile that is the same as a cross-sectional profile of the plurality of steps.
Moss teaches of wherein (figs. 5-6) the first portion of the cantilevered step (fig. 5, 106A) has a cross-sectional profile that is the same as a cross-sectional profile of the plurality of steps (fig. 6, 106B) (¶0028 and 0042, the first portion of the cantilevered step 106A has the same cross-sectional profile of plurality of steps 106B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified O’Brien to incorporate the teachings of Moss of wherein the first portion of the cantilevered step has a cross-sectional profile that is the same as a cross-sectional profile of the plurality of steps in order to simplify the construction of the rungs of the ladder and to easily apply a second portion of a cantilevered step to any one of the plurality of steps if desired.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over O’Brien in view of Mora et al. (US 20200040656), hereinafter Mora.
Regarding claim 26, O’Brien teaches of claim 1, but does not appear to teach of wherein the second portion of the cantilevered step defines a first end portion and a second end portion, and wherein the first end portion and the second end portion are tapered.
Mora teaches of (fig. 5) wherein the second portion (step portion 68) of the cantilevered step (rung 58) defines a first end portion (end 64) and a second end portion (end 60), and wherein the first end portion and the second end portion are tapered (¶0038, tapered portions 70, 74 has a slope 72 that extends inwards between the step portion 68 and the ends 60, 64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified O’Brien to incorporate the teachings of Mora of wherein the second portion of the cantilevered step defines a first end portion and a second end portion, and wherein the first end portion and the second end portion are tapered in order to distribute the load along the slope of the taper such that stresses are not concentrated in sharp perpendicular areas of the steps.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant' s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647
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