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 .
Claim Objections
Claims 4-12 and 17 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Specification
The abstract of the disclosure is objected to because it contains legal phraseology such as the term “comprises.” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al. in US Patent 10612303 in view of EP 1231357 (Kramer).
Parker teaches a ladder stabilizing apparatus comprising: a rail mount (4) attachable to a ladder side rail (2); a retractable leg (6) translatably coupled to the rail mount and translatable relative to the rail mount between a leg retracted position (see 7 in Fig. 3) and a foot planted position (see 6 in Fig. 3), the retractable leg extending between a leg upper end (the upper end of 6) and a leg lower foot (10); a leg lock (9) movable between a leg locked position (Fig. 8A), in which the leg lock inhibits a translation of the retractable leg relative to the rail mount towards the leg retracted position, and a leg unlocked position (Fig.8B) in which the translation of the retractable leg is uninhibited; and a foot pedal (8) downwardly actuatable from a raised position (Fig. 5) to a depressed position (Fig. 6B), wherein downward actuation of the foot pedal comprises the retractable leg translating relative to the rail mount towards the foot planted position.
Parker is silent on the use of a ground anchor. Kramer teaches a retractable ground anchor (12) translatably coupled to a retractable leg (10) and translatable relative the retractable leg between an anchor retracted position (Fig. 1) and a ground embedded position (Fig. 4), the retractable ground anchor extending between an anchor upper end (toward 15) and a lower ground piercing end (toward 18); an anchor lock (16) movable between an anchor locked position (when the lock is in hole 14), in which the anchor lock inhibits a translation of the retractable ground anchor relative to the retractable leg toward the anchor retracted position, and an anchor unlocked position (when the lock is pressed inward), in which the translation of the retractable ground anchor is uninhibited. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Parker by adding an anchor as taught by Kramer in order to better secure the ladder in place. Such a device would inherently include the foot pedal actuating the retractable ground anchor to translating relative to the retractable leg towards the ground embedded position.
Claims 13-15 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott et al. in US Patent 6948591.
Regarding Claim 13, Scott teaches a ladder stabilizer apparatus comprising: a rail mount having a quick release mechanism, the quick release mechanism comprising: a ladder connector (40) attachable to a ladder side rail (61); and a leg connector (20) rigidly attachable to the ladder connector, wherein one of the ladder connector and the leg connector includes a male portion (222) and the other of the ladder connector and the leg connector includes a female portion (242), the male portion receivable by the female portion to rigidly attach the ladder connector and the leg connector; a connector lock (134) movable between a connector locked position (when the pin is inserted into the channel 130) and a connector unlocked position (when the pin is retracted as shown in Fig. 4), the connector lock being biased (by 131) to the connector locked position, wherein attaching the ladder connector and the leg connector comprises the female portion receiving the male portion, and the connector lock moving to the connector locked position, and when the male portion is received by the female portion, and the connector lock is in the connector locked position, the connector lock inhibits separation of the ladder connector and the leg connector, and when the male portion is received by the female portion, and the connector lock is in the connector unlocked position, separation of the ladder connector and the leg connector is uninhibited; and a quick release actuator (136) that when actuated moves the connector lock to the connector unlocked position; and a retractable leg (30) translatably coupled to the leg connector and translatable relative to the leg connector between a leg retracted position and a foot planted position (see arrows in Fig 2), the retractable leg extending between a leg upper end (the top of 30) and a leg lower foot (32).
Regarding Claim 14, Scott teaches a leg lock (24) movable between a leg locked position (when the pin is inserted into 31), in which the leg lock inhibits a translation of the retractable leg relative to the rail mount towards the leg retracted position, and a leg unlocked position (when the pin is pulled outward) in which the translation of the retractable leg is uninhibited.
Regarding Claim 15, Scott teaches a user-operated leg lock release actuator (the knob at the outer end of pin 24) that when actuated moves the leg lock to the leg unlocked position.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Scott as applied to Claims 14 or 15 above in view of Parker et al in US Patent 10612303. Scott teaches the leg lock is biased to the leg locked position (see column 6, lines 2-3) but is silent on a leg retracting biasing means. Parker teaches a retractable leg (7) that is biased (by 13) to a leg retracted position (see Column 2, lines 60-61). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Scott by using a biased retractable leg as taught by Parker in order to automatically collapse the device when not in use.
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 2 and 3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Destefano teaches a retractable ground anchor for a ladder. Howe and Cavagnaro teach retractable legs for ladders.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636