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 .
The amendment filled 02/09/2026 has been entered. Claims 10-20 have been cancelled. Claims 1, 3, 8 and 9 have been amended. Therefore, claims 1-9 and 21-25 remain pending in the application.
Claim Rejections - 35 USC § 103
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 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 1-5 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Fountain, US (6053284) in view of Wortelmann, US (2171284).
In regards to claim 1 Fountain discloses:
A ladder base support assembly (10; figs. 1-3) for supporting a ladder (intended use; ladder 9), the ladder comprising a pair of parallel rail segments (9a, 9b) and a plurality of ladder steps (9c) extending laterally between the pair of parallel rail segments (as shown in fig. 1), the ladder base support assembly comprising:
a substantially horizontal ladder base (12, including 12a, 12b, 13a, 13b, 14a, 14e, 16a, 18a) configured to rest on a ground surface (as shown in fig. 1) and configured to connect to and extend outward and away from a lower end of the ladder (intended use; and as shown in fig. 1);
a substantially vertical first support brace (50a) extending upward from the substantially horizontal ladder base (as shown in fig. 1);
a substantially vertical second support brace (50b) oriented substantially parallel to the first support brace (as shown in fig. 1) and extending upward from the substantially horizontal ladder base (as shown in fig. 1); and
each of the first support brace and the second support brace define an upper brace end (upper ends of 50a & 50b, respectively) and a lower brace end opposite the upper brace end (lower ends of 50a & 50b, respectively);
the upper brace end of each of the first and second support braces is configured to engage a corresponding one of the pair of parallel rail segments (intended use; engages the pair of parallel rail segments at 54a & 54b respectively); and
the lower brace end of each of the first and second support braces engages and is supported on the substantially horizontal ladder base (bottom ends of 50a & 50b engaging 12 at 14e; as shown in fig. 1).
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In regards to claim 1 Fountain does not disclose a first cross member and a second cross member each extending between the first support brace and the second support brace, the first cross member crossing the second cross member to define an X-shaped cross member assembly.
Wortelmann teaches a first cross member (outer one of two cross members 8 closer to viewer) and a second cross member (inner one of the two cross members 8 closer to viewer) each extending between the first support brace and the second support brace (as shown in fig. 1), the first cross member crossing the second cross member to define an X-shaped cross member assembly (as shown in fig. 1),
wherein:
each of the first and second cross members are coupled to the first support brace by a first brace tensioning knob (right hand side, top and bottom wingnuts 18s; best shown in figs. 4 & 5) and coupled to the second support brace by a second brace tensioning knob (left hand side, top and bottom wingnuts 18s; best shown in figs. 4 & 5);
each of the first brace tensioning knobs and second brace tensioning knobs are rotatable to tension the first and second cross members with the first support brace and the second support brace (as described in page 2 first column LL 46-49 and LL 67-70 and page 2 second column LL 41-45; see highlighted excerpts below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize cross members in the X-shaped configuration as taught by Wortelmann between the support braces of Fountain for the predictable result with reasonable expectation of success i.e., to fortify/strengthen the structure especially between the support braces 50a, 50b of Fountain where they extend a relatively long distance from the bottom at 14e to where they attach at 54a, 54b; hence it would occur to a person of ordinary skill in the art to want to enhance the stretch of the frame at this location, and an X cross member arrangement such as that taught by Wortelmann would be a logic, simple and inexpensive solution. The modification above subsequently teaches the first and second cross members (outer and inner members 8; Wortelmann) elevated above the substantially horizontal ladder base (12; Fountain) by the first and second support braces.
In regards to claim 2 Fountain discloses each of the first support brace and the second support brace comprise a first brace tube (see annotated drawings below) and a second brace tube (see annotated drawings below) adjustably coupled to the first brace tube (via the plurality of hole as shown in annotated drawings below) to adjust a length of the corresponding first support brace or the second support brace.
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In regards to claim 3 Fountain discloses the first brace tube is an outer brace tube (as shown in annotated drawings above); the second brace tube is an inner brace tube (as shown in annotated drawings above) slidably engaging the outer brace tube to telescope within the outer brace tube (as shown in annotated drawings above); the outer brace tube defines the upper brace end of the corresponding first support brace or second support brace (as shown in annotated drawings above); and the inner brace tube defines the lower brace end of the corresponding first support brace or second support brace, opposite the upper brace end (as shown in annotated drawings above).
In regards to claim 4 Fountain discloses the inner brace tube defines a plurality of positioning holes (aligning with holes in the outer tube); the outer brace tube defines a locking hole (described as being “telescopic and can be adjusted in the same manner as extensions 16 and 18”; as described in Col 2; LL 62-64); the locking hole is configured to be selectively aligned with a desired one of the plurality of positioning holes; and the base support assembly further comprises a positioning fastener (pins or bolt and nut devices 20; Col LL 20) extending through the locking hole and configured to selectively engage the desired one of the plurality of positioning holes to secure the inner brace tube in position relative to the outer brace tube (“telescopic and can be adjusted in the same manner as extensions 16 and 18”; as described in Col 2; LL 62-64).
In regards to claim 5 Fountain as modified by Wortelmann teaches each of the first cross member and the second cross member define a first member end (right hand side of each member 8) and a second member end (left hand side of each member 8) opposite the first member end; a first coupling tab (one of the 23s on one end; figs. 1, 4) is defined at the first member end and a second coupling tab (the other of the 23s on opposite end; figs. 1, 4) is defined at the second member end; the first coupling tab of each of the first cross member and the second cross member is coupled to the first support brace by the corresponding first brace tensioning knob (top and bottom right hand side 23s couples to right hand side support brace 9 via 18 and 17 as shown in figs. 1, 4); and the second coupling tab of each of the first cross member and the second cross member is coupled to the second support brace by the corresponding second brace tensioning knob (top and bottom left hand side 23s couples to left hand side support brace 9 via 18 and 17 as shown in figs. 1, 4).
In regards to claim 21 Fountain discloses the substantially horizontal ladder base comprises: a substantially horizontal base frame (including 12a, 12b, 13a, 13b, 14a, 14e, 16a, 18a); and at least one engagement foot (21) coupled to the substantially horizontal base frame and configured to support the substantially horizontal base frame on the ground surface (as shown in fig. 2).
In regards to claim 22 Fountain discloses the substantially horizontal ladder base further comprises: a pair of engagement tubes (14d, 16d, 18d) mounted to the substantially horizontal base frame (fig. 2); a pair of substantially vertical base posts (40a, 40b; being vertical when retracted into when 22 is pulled proximate to 50) each removably engaged with a corresponding one of the pair of engagement tubes (at brackets 42).
In regards to claim 23 Fountain discloses the substantially horizontal ladder base comprises at least one wheel assembly (280; fig. 8), each of the wheel assemblies comprising a base wheel (288) configured to contact and roll across the ground surface (as shown in fig. 8).
In regards to claim 24 Fountain discloses each of the wheel assemblies is configured to move between a disengaged position (position shown in fig. 8) and an engaged position (when handle 284 is turned and 286 moved down in sleeve 282 to engage the ground surface); in the engaged position, each of the base wheel are configured to contact and roll across the ground surface; and in the disengaged position, each of the base wheels are disengaged from the ground surface (fig. 8).
In regards to claim 25 Fountain discloses each of the wheel assemblies further comprises a wheel jack (284, 282, 286) configured to raise and lower the base frame in the engaged position (as described in Col 3; LL 50-59).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Fountain and Wortelmann as applied to claim 1 above, and further in view of Erwin, US (1763766).
In regards to claims 6-7 Fountain and Wortelmann do not teach first and second nesting notches.
Erwin teaches the first cross member defines a first nesting notch (see annotated drawings below), and wherein the second cross member defines a second nesting notch (see annotated drawings below) nested with the first nesting notch (as shown in figs. 1, 3) (claim 6).
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In regards to claim 7 Erwin also teaches a first cross member hole (hole through which fastener passes through in one of the notches pointed to above; as shown in further annotation of fig. 3 below) is defined through the first nesting notch; a second cross member hole (hole through which fastener passes through in one of the notches pointed to above; as shown in further annotation of fig. 3 below) is defined through the second nesting notch and aligned with the first cross member hole; and a cross member fastener (see fastener in annotate drawings below) engages each of the first cross member hole and the second cross member hole to secure the first cross member to the second cross member (as shown in figs. 1, 3 and annotated drawings below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to have the first and second cross members of Fountain as modified by Wortelmann comprise first and second nesting notches as taught by Erwin for the predictable result with reasonable expectation of success i.e., to have the first and second cross members couple to each other in a more stable and conforming manner where they would be less likely to slide/move relative to each other which would result in an overall more sturdy structure.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fountain and Wortelmann as applied to claim 1 above, and further in view of Alessio, US (4462197).
In regards to claims 8-9 Fountain and Wortelmann do not teach each of the first support brace and the second support brace comprise a first brace mounting tab and a second brace mounting tab.
Alessio teaches each of the first support brace and the second support brace (27s likened to first and second support braces of Fountain) define a upper brace end (top end) and a lower brace end (bottom end) opposite the upper brace end (fig. 2); a first brace mounting tab (right hand side 42; figs. 2, 8) extends from the lower brace end of the first support brace (figs. 1, 2, 8); a second brace mounting tab (left hand side 42; figs. 2, 8) extends from the lower brace end of the lower support brace (figs. 1, 2, 8); and each of the first brace mounting tab and the second brace mounting tab defines a brace tab opening therethrough (opening through which 47 passes; fig. 8) (claim 8).
Alessio also teaches with regards to claim 9: a first tensioning plate (right hand side 49; figs. 2, 8) is rotatably coupled [to] the first support brace at the lower brace end (49 being a hand nut) for tensioning the first support brace; the first tensioning plate is arranged between the lower brace end of the first support brace and the first brace mounting tab (as shown in figs. 2, 8); a second tensioning plate (left hand side 49; figs. 2, 8) is rotatably coupled to the second support brace at the lower brace end (49 being a hand nut) for tensioning the second support brace; and the second tensioning plate is arranged between the lower brace end of the second support brace and the second brace mounting tab (as shown in figs. 2, 8).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to teach the arrangement of the first and second mounting tabs and tensioning plates as taught by Alessio onto the bottom ends of the first and second support braces of Fountain for the predictable result with reasonable expectation of success i.e., to have a jack screw like arrangement which would be very useful for example on uneven surfaces of different work sites.
Response to Arguments
Applicant’s arguments filed 02/09/2026 have been considered but are moot because the new ground of rejection utilizes new reference Fountain, US (6053284), and where previously used reference Wortelmann, US (2171284) is only used as a teaching reference for cross members as detailed in the rejection above.
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 SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634