DETAILED ACTION
Specification
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
The amendment filed 10 August 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
Figs. 3A, 3B, and 4A appear to introduce new matter in that the coupling portions are new and further the type of flexion shown is not supported by the original disclosure. Further, the description of the new figures appears to introduce new matter, specifically, the originally disclosure provides no support for “the ladder in a vertically flexed configuration”, similarly, the original disclose does not appear to provide support for the ladder to be “flexing inward” or “flexing outward”.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 3, “directed” should be replaced with –extending--,
Line 3, “prevailing” should be removed,
Line 3, “directed along a transverse direction, perpendicular to said vertical direction, said” should be replaced with –each said--,
Line 4, “acting as a” should be replaced with --forming a respective--,
Line 7, “said coupling portions have two horizontal planes and a vertical joining rib, to present overall a ‘C’ shape” should be replaced with –each said upright comprises a coupling portion at an upper end thereof, each said coupling portion having two planar portions joined by a vertical planar portion to define a ‘C’ shape--,
Fifth and sixth lines from the bottom, “coupling portions are counter shaped to engage” should be replaced with --‘C’ shaped coupling portions engaging--, and,
Last line, --of the ‘C’ shaped coupling portion—should be inserted between “coupling” and “to”.
Appropriate correction is required.
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 1-2, 4, 6-9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gross (DE102008016057).
1. A ladder (Fig. 1) configured for mounting to a vehicle having an associable chassis, the ladder comprising:
a pair of uprights (36, 38), directed along a prevailing vertical direction,
said uprights being connected to each other by at least one cross member (4), perpendicular to said uprights, directed along a transverse direction, perpendicular to said vertical direction, said cross member acting as a step of the ladder, wherein:
the uprights (36, 38) comprise coupling portions (21, 22) at the upper fixing ends, said coupling portions have two horizontal planes (note the top plane visible under call out 21 in Fig. 1 and the lower plane visible adjacent the call out P in Fig. 1) and a vertical joining rib (extending between the planes, see Fig. 1), to present overall a 'C' shape, said coupling portions being provided with at least one fixing hole (24) for inserting at least one fixing bolt of the ladder to a member extending downward from the associable chassis, and said coupling portions are counter shaped to engage a base and height of the member extending downward from the associable chassis ([0037]: “A step element 32 in the form of a step grate 4, the upper surface of which 34 forms a step 5 onto which a person can step when climbing to the driver's cab of the truck, is supported on the body or cab side by means of a retaining arrangement 30”),
wherein said coupling portions are at least partially elastically flexible in the vertical direction, to enable coupling to the member extending downward from the associable chassis (note that both plastic and metal are inherently at least partially elastically flexible, moreover, note that the claims do not require the coupling portions themselves to be elastically flexible only to be partially flexible in the vertical direction, accordingly, the flexible uprights may provide sufficient flexion to make the coupling portion flexible in the vertical direction – also see MT [0037]: “The retaining parts 21, 22 consist of a formed sheet of metal. It would also be conceivable, of course, to make them out of plastic. The step element 32 can also be composed of or welded together from a plurality of metal parts. It would also be conceivable here to design the step element 32 from plastic – for example, using an injection molding process”, and also MT [0038]: “The two support elements 36, 38 consist essentially of a respective elastically flexible material, i.e. an elastomeric material 16”).
2. The ladder according to claim 1, wherein said coupling portions are shaped to engage with a side member extending downward from a floor of the associable vehicle ([0037]: “A step element 32 in the form of a step grate 4, the upper surface of which 34 forms a step 5 onto which a person can step when climbing to the driver's cab of the truck, is supported on the body or cab side by means of a retaining arrangement 30”),.
4. The ladder according to claim 1, wherein said coupling portions (21, 22) are arranged symmetrically with respect to a centreline plane of the ladder, perpendicular to said transverse direction (Fig. 1).
6. The ladder according to claim 4, wherein said coupling portions (21, 22) are arranged to present the respective vertical joining ribs in an internal position (note that both ribs are to the “inside” of the uprights), on the same side of the centreline plane, as the corresponding uprights.
7. The ladder according to claim 1, wherein said at least one fixing hole (24) is placed on one of the vertical joining ribs (Fig. 1).
8. The ladder according to-claim 1, wherein at least one of said horizontal planes is provided with a recess (note the recess above 26 in Fig. 1).
9. The ladder according to claim 1, wherein said uprights (36, 38) are at least partially elastically flexible, in the transverse direction, to allow elastic spreading or squeezing of the coupling portions along said transverse direction ([0038]: “The two support elements 36, 38 consist essentially of a respective elastically flexible material, i.e. an elastomeric material 16”).
.
11. An assembly method of a ladder comprising the steps of:
providing a ladder according to claim 1,
providing a vehicle having a floor and a plurality of side members parallel to each other (note that parallel frame rails are inherent to trucks, see MT [0047]: “The upper section 3 is designed for attachment to a driver's cab or the frame of a motor vehicle (not shown here)”)
juxtaposing said ladder to the side members, so as to engage each of said coupling portions to a corresponding side member (see above, note that the ladder would necessarily be juxtaposed to side members to enable fastening),
attaching the ladder to the side members by fixing screws or bolts passing through said fixing holes of the coupling portions and corresponding holes made on the side members or on parts of the chassis of the vehicle adjacent to the side members (see MT [0037]: “The retaining parts 21, 22 include respective fastening openings 24 of the body-side or cab-side arrangement”).
12. An assembly method of a ladder according to claim 11 comprising the steps of:
elastically spreading out or juxtaposing the coupling portions (21, 22) to the side members of the vehicle to allow the ladder to be fixed to the side members by a shape coupling between the coupling portions and said side members and to allow the insertion of fixing screws or bolts passing through the fixing holes and corresponding holes made on the side members or on parts of the chassis of the vehicle adjacent to the side members (see MT [0044]: “The properties of the load-bearing elements 36, 38 can be influenced in particular by the geometry and thickness of the reinforcing parts 26, 28. Another way to influence the effect is the type of fastening or storage of the reinforcement parts 26, 28 on the holding parts 21, 22, or also on the step element 32. The vibration characteristics of the step element 32 in the longitudinal direction of the vehicle (x-direction) can be adjusted by the appropriate choice of the elastically compliant material, in particular the rubber material, of the support elements 36, 38” – note that Gross may elastically “spread out” or “juxtapose” the coupling portions to change properties of experienced by users of the ladder).
.
13. The ladder according to claim 1, wherein the 'C' shaped coupling portions (21, 22) are at uppermost portions of the uprights (see Fig. 1).
14. The ladder according to claim 1, wherein the two horizontal planes of the coupling portions (21, 22) comprise an upper portion at an upper horizontal plane and a lower portion at a lower horizontal plane, and wherein the upper portion comprises an uppermost surface of the ladder (see 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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gross (DE102008016057).
5. Gross fails to disclose the ladder according to claim 4, wherein said coupling portions (21, 22) are arranged to present the respective vertical joining ribs in an external position, on an opposite side of the centreline plane, to the corresponding uprights. However, per MPEP 2144.VI.A. mere reversal of parts of prima facie obvious. Here, Gross discloses the vertical joining ribs in an internal position. 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 included wherein the vertical joining ribs are in an internal position in order to engage inwardly facing C shaped chassis members.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gross (DE102008016057) in view of Wei (CN105564854).
10: Gross fails to disclose the ladder according to claim 1, wherein said ladder is made of hot galvanised carbon steel. Wei teaches the use of hot galvanized carbon steel in environments involving salt mist exposure (Wei, pg. 3, lines 12-15). 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 included wherein said ladder is made of hot galvanised carbon steel in the ladder disclosed by Gross according to the teachings of Wei in order to inhibit corrosion.
Response to Arguments
Applicant’s arguments with respect to amended claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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