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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
“said coupling portions are at least partially elastically flexible in the vertical direction” of claim 3,
“said uprights are at least partially elastically flexible, in the transverse direction, so as to allow elastic spreading or squeezing of the coupling portions along said transverse direction” of claim 9, and,
“elastically spreading out” of claim 12,
must be shown or the feature(s) canceled from the claim. No new matter should be entered. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 title is objected to because of the following informalities:
“Perfected” should be removed.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 1, “Ladder” should be replaced with “ladder”.
Claim 11 is objected to because of the following informalities:
Line 1, “Assembly” should be replaced with –assembly--, and,
Line 8, “fixing portions” should be replaced with --coupling portion--.
Claim 12 is objected to because of the following informalities:
Line 1, “Assembly” should be replaced with –assembly--.
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 1-5, 9, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Runyen (US2533050).
1: A Ladder comprising: a pair of uprights (10), directed along a prevailing vertical direction (see below), said uprights (10) being connected to each other by at least one cross member (12), perpendicular to said uprights (see below), directed along a transverse direction (see below ), perpendicular to said vertical direction (see below), said cross member (12) acting as a step of the ladder, wherein: the uprights (10) comprise coupling portions (1-3) at the upper fixing ends, said coupling portions (1-3) have two horizontal planes (2, 3) and a vertical joining rib (1), so as to present overall a 'C' shape, said coupling portions (1-3) being provided with at least one fixing hole (col. 2, lines 11-13: “In some cases they are secured by bolts passing through the upper flanges 2”) for inserting at least one fixing bolt of the ladder to an associable chassis (16).
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2: The ladder according to claim 1, wherein said coupling portions (1-3) are shaped to engage with a side member (16) of a floor (col. 1, lines 46-47: “attached underneath the bottom or floor of the trailer”) of the associable vehicle.
3: The ladder according to claim 1 wherein said coupling portions (1-3) are at least partially elastically flexible in the vertical direction to allow coupling ( col. 2, lines 17-24: “The brackets are bent or sprung between their ends so that the middle portions of the webs extend inwardly, as indicated at 5, and the inner sides of the webs diverge outwardly from a vertical plane as best shown in Fig. 4, there being what may be termed high points at 5 between the ends of the webs 1 at such inwardly bent or pressed portions) to a side member (16) of a floor (col. 1, lines 46-47: “attached underneath the bottom or floor of the trailer”) of an associable vehicle.
4: The ladder according to claim 1 wherein said coupling portions (1-3) are arranged symmetrically with respect to a centreline plane of the ladder, perpendicular to said transverse direction (see Fig. 1).
5: The ladder according to claim 4, wherein said coupling portions (1-3) are arranged to present the respective vertical joining ribs (1) in an external position, on an opposite side of the centreline plane, to the corresponding uprights (10) (see Fig. 1).
9: The ladder according to any of the claim 1, wherein said uprights (10) are at least partially elastically flexible, in the transverse direction, so as to allow elastic spreading or squeezing of the coupling portions along said transverse direction (see col. 2, lines 52-53: “Two spaced sides or arms 10 of flat metal are used”).
11: An Assembly method of a ladder comprising the steps of: providing a ladder according to claim 1 providing a vehicle having a floor (col. 1, line 46: “floor”) and a plurality of side members (16) parallel to each other, juxtaposing said ladder to the side members (16), so as to engage each of said coupling portions (1-3) to a corresponding side member (16), attaching the ladder (4) to the side members (52) by means of fixing screws or bolts (col. 2, lines 11-13: “In some cases they are secured by bolts passing through the upper flanges 2”) passing through said fixing holes of the fixing portions (24) and corresponding holes made on the side members (52) or on parts of the chassis (48) of the vehicle adjacent to the side members (52).
12: An Assembly method of a ladder according to claim 11 comprising the steps of: elastically spreading out or juxtaposing (see col. 2, lines 52-53: “Two spaced sides or arms 10 of flat metal are used”) the coupling portions (1-3) to the side members (16) of the vehicle in such a way as to allow the ladder to be fixed to the side members (16) by means of a shape coupling (see Runyen, Fig. 2, note that both elements 4 and 2 contact side member 16) between the coupling portions (1-3) and said side members (16) and to allow the insertion of fixing screws or bolts (col. 2, lines 11-13: “In some cases they are secured by bolts passing through the upper flanges 2”) passing through the fixing holes and corresponding holes made on the side members (16) or on parts of the chassis of the vehicle adjacent to the side members.
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 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Runyen (US2533050) in view of Majors (US8967650).
6: Runyen fails to disclose the ladder according to claim 4, wherein said coupling portions (1-3) are arranged to present the respective vertical joining ribs (1) in an internal position, on the same side of the centreline plane, as the corresponding uprights (10). Majors teaches, in the context of trailer ladders, wherein symmetric coupling members (142, 144) are arranged to present internally (note that Majors teaches both the internal, Fig. 1, and external position, see Fig. 6), on the same side of a centreline plane, as the corresponding uprights (132, 134). 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 coupling portions (1-3) are arranged to present the respective vertical joining ribs (1) in an internal position, on the same side of the centreline plane, as the corresponding uprights (10) in the ladder disclosed by Runyen according to the teachings of Majors in order to adapt the ladder to different trailer side members at the factory (see e.g., Runyen, col. 3, lines 51-54: “the attachment to a trailer is readily accomplished. It is usually done at the factory where the trailer is built”).
7: Runyen fails to disclose the ladder according to claim 1 wherein said at least one fixing hole is placed on one of the vertical joining ribs (1). Note that Runyen does teach generally that, “The brackets are designed to be secured at the under side of the bottom of trailer” (col. 2, lines 10-12), and further that, the “brackets will be made both with the upper extension plate 4 and without such plates” (col. 2, lines 7-10), thereby providing some suggestion for fixing holes on the coupling portions being located somewhere other than the flanges 2. Nonetheless and to the extent that the fixing hole in the flange 2 of Runyen in and of itself does not render obvious at least one fixing hole in one of the vertical joining ribs (1), Majors teaches, in the context of trailer ladders, a hole through a vertical portion of a coupling portion (Majors, Fig. 3, 158). 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 at least one fixing hole is placed on one of the vertical joining ribs (1) in the ladder disclosed by Runyen according to the teachings of Majors in order to secure the coupling portion to the trailer with a bolt (Majors, col. 3, lines 60-63: “The through-holes 158, 160 are configured to receive a locking member 162. Nonexclusive examples of locking members include pins, bolts, hitch pins, clevis pins, clips, retainer clips, padlocks, and/or combinations thereof. It will be understood that any type of locking member 162 may be used that is capable of securing the hook 142 and/or 144 beneath the side 114 and/or 116 of the stake pocket 106 such that the apparatus 100 is secured to the vehicle 104”).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Runyen (US2533050) in view of Lindenman (US20050146116).
8: Runyen fails to disclose the ladder according to claim 1, wherein at least one of said horizontal planes (2) is provided with a recess. Lindenman teaches, in the context of vehicle accessory mounting systems, recesses (Fig. 1, 21, [0031]: “The two mounting brackets 18, 20 are constructed from high strength material such as steel. They also may incorporate various notches and cutouts 21 to accommodate any vehicle channels C while allowing them to seat against the framework F of the vehicle to which the mounting system 10 is to be secured”). 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 at least one of said horizontal planes is provided with a recess in the ladder disclosed by Runyen according to the teachings of Lindenman in order to accommodate structure associated with the C-channel of a vehicle.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Runyen (US2533050) in view of Wei (CN105564854).
10: Runyen 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 Runyen according to the teachings of Wei in order to inhibit corrosion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
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/BAP/ Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634