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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 3, 6 – 10, 13 – 16, and 19 – 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Hanser et al. (8,075,008). In regard to claims 1, 8, and 14, Hanser discloses a system comprising a main shaft having an upper portion and a lower portion (Fig. 2, item 124), the upper portion being rotatably coupled to a handle shaft, wherein the main shaft adjusts a height of the handle shaft as the main shaft rotates (Fig. 2, item 130), and a step member providing a stepping surface connected to the lower portion of the main shaft (Figs. 1 and 2, item 113D), wherein the main shaft rotates the step member between a retracted position and an extended position (Figs. 1 and 8).
In regard to claims 2, 9, and 15, Hanser discloses a main support rotatably connected to support the step member, wherein the main support has a first mating surface capable of aligning to a second mating surface on the step member in at least one position (Fig. 1, item 104).
In regard to claims 3, 10, and 16, Hanser discloses a locking mechanism capable of preventing rotation of the main shaft (Figs. 1 and 2, item 130 and 132 & column 4, lines 12 – 20).
In regard to claims 6 and 19, Hanser discloses a rotatable handle connected to the handle shaft opposite to the main shaft (Figs. 1 and 2, item 108).
In regard to claims 7, 13, and, 20, Hanser discloses wherein the step member incorporates a grab handle (Figs. 1 and 2, unnumbered upper portion of item 108).
Allowable Subject Matter
Claims 4 – 5, 11 -1 2, and 17 – 18 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.
The following is a statement of reasons for the indication of allowable subject matter: Hanser et al. (8,075,008) discloses a system similar to the instant invention; however Hanser, either alone or in combination, neither discloses nor suggests a system comprising (in regard to claims 4, 11, and 17) a button mechanism in the handle shaft that is capable of operating the locking mechanism, and (in regard to claims 5, 12, and 18) a spring mechanism that rotates the main shaft if rotation of the main shaft is not constrained. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Duderstadt (8,678,457) discloses a telescoping grab handle for pickup trucks;
Krishnan et al. (8,919,853) disclose an integrated step and grab-handle system;
Ulrich (10,173,595) discloses a portable truck step;
Ngo (10,994,660) discloses a tailgate assembly with a step;
Ricketts (12,208,771) discloses a tailgate ladder system;
Kuznarik (2006/0261623) discloses a compact truck tailgate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613