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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-15 of copending Application No. 17/727069. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims 1-20 is encompassed by the scope of claims 1-15 of copending Application No. 17/727069. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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,
the “the gear system” of claim 3,
the “rollers” of claim 5 (see pg. 5, line 13: “The bottom end of the support legs can contain rollers or wheels 112 to facilitate the ladder movement”),
the “two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it” of claim 7,
the “top base positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements, each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges, a base platform comprising a flat surface element connected to the top sides of the connected base elements” of claim 8, and,
the ”manual override to control lifting and lowing functions of said foldable stand structure” of claim 12, note that the manual override shown as 118 in Fig. 1 is disclosed as allowing “the user to manually move the standing platform”, see pg. 5, line 27, whereas to activate the ladder manually, the user “can pull up this attachable tray bar (308)”, see pg. 6, line 8,
must be shown or the features canceled from the claims. No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “fold 511” in Fig. 5 as described in the specification at pg. 6, line 22. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The drawings are also objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “511” has been used to designate both a fold, pg. 6, line 22 and a panel, pg. 6, line 24.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters “308" – Fig. 3 and "608" – Fig. 6b have both been used to designate the tray bar.
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 disclosure is objected to because of the following informalities:
Pg. 5, line 29, “to the 622 to the tray 608” is unclear.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 6, --a—should be inserted before “standing”.
Appropriate correction is required.
Claim 9 is objected to because of the following informalities:
Last line, “try” should be replaced with --tray--.
Appropriate correction is required.
Claim 11 is objected to because of the following informalities:
Last line, “comprises” should be replaced with --comprise--.
Appropriate correction is required.
Claim 12 is objected to because of the following informalities:
Line 3, “lowing” should be replaced with --lowering--.
Appropriate correction is required.
Claim 13 is objected to because of the following informalities:
Line 2, “lowing” should be replaced with --lowering--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-13 are rejected under 35 U.S.C. 112(a) as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the gear system and the wheels which are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Specifically, the last two lines of claim 1 recite that the control system enables a user to control . . . horizontal movements of the frame. However, claim 1 fails to recite the wheels enabling such movement, see pg. 7, line 30 to pg. 8, line 23 of the specification. Moreover, claim 1 fails to recite the gear system enabling such movement, see pg. 9, lines 27 to 30 of the specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 2 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, claim 2 recites the limitation "said foldable stand structure" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claims 3 and 14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, see claim 3, line 5, and claim 14, pg. 15, line 25 - the phrase “vertically and traverse” is unclear.
Claims 7 and 14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, see lines 3 and 4, the recitation “wherein said extension section can fold over onto the base folding section connected to it” is unclear because the element to which “it” is referring to is ambiguous/unknown.
Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, claim 8 recites the limitation "said four sides" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, claim 9 recites “upward from said and lock the tray in place and user can retract said tray through the opening in the base platform such that a tray element top will fill in the opening in said base platform when said tray element is not in use”. More specifically, “from said and lock” is unclear.
Claim 13 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Specifically, claim 13 recites a “manual override to control lifting and lowing functions” - it is unclear how a manual override can control lifting and lowering functions, in other words, an override would allow for manual, not controlled, operation of the lifting and lowering functions.
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 1-4, 6, 10-11, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US20210388676) in view of Boyer (US20010047905).
1: Jones discloses an automated system for vertically elevating a user to a desired height level for performing activity (Fig. 1) comprising: a ladder frame structure (110) comprising at least three vertical leg structures (120, 130) , said legs being linear and having an upper end and a lower end and being connected to each other to sustain support when weight is placed on them; standing platform (180) connected and supported by said vertical leg structures, said standing platform being capable of moving vertically along said leg structures while supporting a user standing on said standing platform ([0028]: “The motorized ladder assembly 100 can include a drive mechanism that can move the steps of the front member 120 up and down along the length of front member 120”); a power system connected to said standing platform for supplying mechanical power to raise and lower said standing platform while supporting a user standing on said standing platform ([0024]: “ladder assembly 100 that can assist a person to ascend or descend from a height safely and without physical exertion”); and a control system to remotely control mobility of said ladder frame structure and said standing platform, said controller system comprising a ladder master controller wherein said control system enables a user to control vertical movements of said standing platform ([0032]: “Such a button allows the person to move the platform up and down. Two buttons on the right handrail can be an up button 260 and a stop button 270. The up button 260 engages the drive mechanism moving the steps up i.e., the ascending motion of the steps. A stop button 270 can be pressed by the person for stopping the platform at the desired position. On the other handrail of the platform can be seen another button “down” that can be used to move the platform downwards i.e., descend on the frame”).
Jones fails to disclose a plurality of obstruction detection sensors and wherein said control system enables a user to control horizontal movements of said frame. Boyer teaches, in the context of automated ladder systems, a plurality of obstruction detection sensors (Boyer, [0044]: “Feelers 110 may be provided at the corners of the mobile base 16, to sense the presence of the supporting surface 15 before the wheels 20 run onto that part of the supporting surface 15. The mobile device 10 may then be stopped automatically if it approaches a step down or a sudden drop in the ground that might prejudice the stability of the device”) and wherein said control system enables a user to control horizontal movements of said frame (Boyer, [0038]: “the driven wheels 30 are controlled by a switch activated joystick 52”). 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 a plurality of obstruction detection sensors and wherein said control system enables a user to control horizontal movements of said frame in the system disclosed by Jones according to the teachings of Boyer in order to provide an automated ladder system that allows for a person to ascend and descend without physical exertion (Boyer, [0007]).
w2: Jones in view of Boyer disclose the automated system for vertically elevating a user to a desired height level as described in claim 1 wherein said ladder frame structure further comprises at least four said vertical leg structures (Jones, Fig. 1) positioned to form a rectangular structure relative to each other and wherein each vertical leg of said ladder frame structure is connected to said foldable stand structure (Boyer, [0048]: “The mobile base 16, in addition to being capable of being disassembled into small units, is also foldable and collapsible”) such that said standing platform can move vertically relative to the position of said vertical leg structures (Jones, Fig. 3).
3: Jones in view of Boyer disclose the automated system for vertically elevating a user to a desired height level as described in claims 2, wherein said power system further comprises a gear system connected to an electric motor, said gear system having a sensor and being in communication with said ladder controller, said gear system also being connected to each of said vertical leg structures and said standing platform, such that when the electric motor supplies power to the gear system, the gear system will cause said stand structure to vertically and transverse along said vertical leg structures enabling a user supported by said ladder frame structure to move in a vertical direction (Jones [0013]: “Fixed gears can be coupled to the endpoints of the projecting rods. The gears allow the steps to be mounted to a chain installed within the poles of the frame. The chain can be driven by the electric motor also mounted to the frame”).
4: Jones in view of Boyer disclose the automated system for vertically elevating a user to a desired height level as described in claim 3 further comprising transporting grooves in said vertical leg structures that engage with said gear system to facilitate vertical movement of the said stand structure (Jones Fig. 4 and [0028]: “The drive mechanism can include a chain that runs within the frame i.e., within the pair of rails of the first member”).
6: Jones in view of Boyers disclose the automated system for vertically elevating a user to a desired height level as described in claim 2 further comprising rollers (Boyers [0030]: “ the mobile base 16 includes a pair of driven wheels 30”) attached to the lower end of each said vertical leg structures, said rollers being able to facilitate easier movement of said frame structure and said rollers being controlled by said ladder master controller (Boyers [0038]: “the driven wheels 30 are controlled by a switch activated joystick 52 together with a switch 54 for activating the joystick 52”) and rollers being able to lock into place to maintain a stationary position of said frame structure (Boyers [0025]: “The mobile base 16 prevents undesirable movement through the use of, in one embodiment, automatic brakes”, also see Boyers [0044]: “The mobile device 10 may then be stopped automatically if it approaches a step down or a sudden drop in the ground that might prejudice the stability of the device”).
10: Jones in view of Boyer disclose the automated system for vertically elevating a user to a desired height level as described in claim 3 further comprising an electrical plug inlet to which said electric motor is connected to facilitate supplying electrical power to said electric motor (Jones, [0029]: “The rechargeable battery can be charged by an external power source” also see Jones, [0011]: “The track can be driven by an electric motor also mounted to the frame”).
11: Jones in view of Boyer disclose the automated system for vertically elevating a user to a desired height level as described in claim 2 wherein said vertical leg structures of said frame structure further comprises an 'A' configuration (Jones, Fig. 1).
16: Jones discloses a method for controlling mobility of a self-supporting ladder frame structure having a support platform for standing capable of vertical movement along the frame structure and having a power system having a motor and power source for supplying power to raise and lower the standing platform, said method comprising: establishing communication between a ladder controller on the ladder frame structure and a remote control device operated by a user such that the user is capable of sending commands to the ladder controller to control ladder frame structure mobility and support platform movement ([0032]: “The platform 180 can also have buttons near the top of the handrails 200 within reach of a person standing on the platform. Such a button allows the person to move the platform up and down”).
Jones fails to disclose activating wheel obstruction detection sensors to set wheel sensors to monitor mode; receiving a command at the ladder controller from the remote control; determining at the ladder controller an action to perform in response to the received command, performing the determined action in response to the received command from the remote control; monitoring for obstructions by the wheel obstruction detection sensors while performing the determined action; and receiving a command to stop performing the determined action. Boyer teaches, in the context of automated ladder systems, activating wheel obstruction detection sensors to set wheel sensors to monitor mode (Boyer [0044]: “The microprocessor 45 may also be connected to at least one sensor 43 to regulate movement of the mobile device 10”); receiving a command at the ladder controller from the remote control (Boyer [0038]: “In one embodiment, the driven wheels 30 are controlled by a switch activated joystick 52 together with a switch 54 for activating the joystick 52”); determining at the ladder controller an action to perform in response to the received command ([0038]: “As a safety mechanism, the joystick 52 and the switch 54 are so connected that the mobile device 10 will move only when they are both activated, and are both biased so as to be normally in an inactive position”), performing the determined action in response to the received command from the remote control ([0038]: “the user can cause the mobile device to move only when the user is centrally positioned on the supporting structure 14 with one hand on each side rail”); monitoring for obstructions by the wheel obstruction detection sensors while performing the determined action ([0044]: “Feelers 110 may be provided at the corners of the mobile base 16, to sense the presence of the supporting surface 15 before the wheels 20 run onto that part of the supporting surface 15”); and receiving a command to stop performing the determined action ([0044]: “The mobile device 10 may then be stopped automatically if it approaches a step down or a sudden drop in the ground that might prejudice the stability of the device”). 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 the steps of activating wheel obstruction detection sensors to set wheel sensors to monitor mode; receiving a command at the ladder controller from the remote control; determining at the ladder controller an action to perform in response to the received command, performing the determined action in response to the received command from the remote control; monitoring for obstructions by the wheel obstruction detection sensors while performing the determined action; and receiving a command to stop performing the determined action in the method disclose by Jones according to the teachings of Boyer in order to render the method even more safe.
17: Jones in view of Boyer disclose the method for controlling mobility of a self-supporting ladder frame structure as described in claim 16 wherein said action determination in response to the received command further comprises determining whether the action is for the standing platform or ladder wheels (Boyer, [0044]: “The microprocessor 45 may also be connected to at least one sensor 43 to regulate movement of the mobile device 10. For example, sensors 108 may be placed at locations where the mobile base 16 of the mobile device 10 engages a supporting structure 14 and programmed to send a signal to the microprocessor 45 disabling the at least one driven wheel 30 when the supporting structure 14 is not properly attached to the mobile base 16”).
18: Jones in view of Boyer disclose the method of controlling mobility of a self-supporting ladder frame structure as described in claim 16 wherein performing the determined action is moving the standing platform in a upward or downward direction (Jones [0032]: “The up button 260 engages the drive mechanism moving the steps up i.e., the ascending motion of the steps”).
19: Jones in view of Boyer disclose the method controlling mobility of a self-supporting ladder frame structure as described in claim 16 wherein performing the determined action is rotating wheels under the self-supporting ladder frame structure and moving the self-supporting ladder frame structure (Boyer [0038]: “the driven wheels 30 are controlled by a switch activated joystick 52”).
20: Jones in view of Boyer disclose the method of controlling mobility of a self-supporting ladder frame structure as described in claim 16 further comprising after said monitoring for obstructions: detecting an obstruction; sending a signal to the ladder controller; and sending a stop command from the ladder controller (Jones [0012]: “suitable sensors and alarms can also be equipped in the disclosed motorized ladder assembly for its safe operation. The sensors and alarms can indicate any erroneous operation, mishandling, or uninvited approaching of person, child, or pet towards the motorized ladder assembly. The controls can be shielded by a cover for child safety. The sensors can include an IR sensor, proximity sensor, and like. The alarms can include light indicators, blinking LEDs, and audio alarms. The sensors can automatically cease the drive mechanism when any aforesaid alarming situation can be detected”, see also Boyer [0044]: “The mobile device 10 may then be stopped automatically if it approaches a step down or a sudden drop in the ground that might prejudice the stability of the device. In other embodiments, proximity or infra red sensors may be used instead of feelers 110, as could other methods and devices, for sensing the presence of a supporting surface 15”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US20210388676) in view of Boyer (US20010047905) and further in view of Majors (US20230313612).
5: Jones in view of Boyer fail to disclose the automated system for vertically elevating a user to a desired height level as described in claim 3 further comprising a back support element, said back support element having a smooth flat surface with two ends to engage a user's back and support straps attached to each end of said back support element, said support straps also attached to vertical leg structures of said ladder frame structure to support user while on said foldable stand structure. Major teaches, in the context of mobile step ladders, a back support element (Majors, Fig. 1, 140), said back support element having a smooth flat surface with two ends (Majors, Fig. 1, 146) to engage a user's back and support straps (Majors, Fig. 1, 144) attached to each end of said back support element, said support straps also attached to vertical leg structures (Majors, Fig. 1, 104) of said ladder frame structure to support user while on said foldable stand structure. 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 a back support element, said back support element having a smooth flat surface with two ends to engage a user's back and support straps attached to each end of said back support element, said support straps also attached to vertical leg structures of said ladder frame structure to support user while on said foldable stand structure in the system of Jones in view of Boyer according to the teachings of Majors in order to inhibit a user from falling from the step ladder.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US20210388676) in view of Boyer (US20010047905) and further in view of Schramm (US3078950).
Jones in view of Boyer fail to disclose the automated system for vertically elevating a user to a desired height level as described in claim 5 wherein said standing platform comprises two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it. Schramm teaches, in the context of step ladders, wherein said standing platform comprises two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it (Schramm, Fig. 2, and col. 2, lines 8-14: “They are adapted to be supported on the ladder legs 10, independently of the adjacent permanent step, by brackets 23 and 24 which are pivotally connected to the outer ends of the channel members by pivot pins 25' and 26', which pass respectively through loops 40 on the channel members and cooperative Loops 41 on the brackets, thus forming hinges”). 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 standing platform comprises two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it in the system disclosed by Jones in view of Boyer according to the teachings of Schramm in order to “make it possible to have a smaller package for storing and shipping the device”, Schramm col. 3, lines 17-18.
Claims 8-9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (US20210388676) in view of Boyer (US20010047905) and further in view of Katz (US7032711)
8: Jones in view of Boyer fail to disclose the automated system for vertically elevating a user to a desired height level as described in claim 2 further comprising a top base positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements, each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges, a base platform comprising a flat surface element connected to the top sides of the connected base elements, said base platform providing a location to set items during a user's activity. Katz teaches, in the context of step ladders, a top base (Katz, Fig. 1, 32) positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements (Katz, Fig. 1, 43, “tabs”), each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges (Katz, Fig. 1), a base platform comprising a flat surface element connected to the top sides of the connected base elements (Katz, Fig. 1, 72, flat surface surrounds “cutout”), said base platform providing a location to set items during a user's activity. 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 a top base positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements, each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges, a base platform comprising a flat surface element connected to the top sides of the connected base elements, said base platform providing a location to set items during a user's activity in the automated system of Jones in view of Boyer according to the teachings of Katz in order to provide a more compartmentalized step ladder storage system, see Katz, col. 1, line 55.
9: Jones in view of Boyer and further in view of Katz disclose the automated system for vertically elevating a user to a desired height level as described in claim 8 further comprising a tray element (Katz, Fig. 1, 34) slidably attached (note that tray 34 is also hinged but at the moment it engages the base 32, it becomes slidably attached) and secured to said base platform (Katz, Fig. 14A), said tray element attached to said base platform through an opening (Katz, Fig. 1, 72) in said base platform such that a user can extend said tray element upward from said and lock the tray in place and user can retract said tray through the opening in the base platform such that a tray element top will fill in the opening in said base platform when said try element is not in use.
12: Jones in view of Boyer and further in view of Katz disclose the automated system for vertically elevating a user to a desired height level as described in claim 8 further comprises a controller device connected to said electric motor to enable a user to remotely control lifting and lowing functions of said foldable stand structure (Jones, Fig. 1, 260 and [0032]: “Two buttons on the right handrail can be an up button 260 and a stop button 270” – note that the controller device is located remotely from the electric motor and the power switch 220).
13: The automated system for vertically elevating a user to a desired height level as described in claim 12 further comprising a manual override to control lifting and lowing functions of said foldable stand structure (Boyer, [0050]: “In a preferred embodiment, the elevator is a manually operated jack 17 that is provided to allow a user to elevate or lower the mobile base 16 as required so as to enable the wheels 20 and the transverse frame members 24 to be removed as desired. The jack 17 is releasably attached to the supporting frame member 29 when not in use”).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US20210388676) in view of Schramm (US3078950) and further in view of Majors (US20230313612).
14: Jones discloses an automated system for vertically elevating a user to a desired height level for performing activity (Fig. 1) comprising: a frame structure (110) comprising at least four vertical leg structures (120, 130), said legs being linear and forming a frame structure in the form of an 'A' frame configuration (Fig. 1) and having an upper end and a lower end and being connected to each other to sustain support when weight is placed on them; a stand structure (180) connected and supported by said vertical leg structures of said frame structure, said stand structure being capable of moving vertically along said vertical leg structures while supporting a user standing on said stand structure ([0028]: “The motorized ladder assembly 100 can include a drive mechanism that can move the steps of the front member 120 up and down along the length of front member 120”), a power system connected to said stand structure for supplying mechanical power to raise and lower said stand structure while supporting a user on said stand structure ([0024]: “ladder assembly 100 that can assist a person to ascend or descend from a height safely and without physical exertion”), said power system comprising a gear system connected to an electric motor, said gear system also being connected to each of said vertical leg structures and said foldable stand structure, such that when the electric motor supplies power to the gear system, the gear system will cause said stand structure to vertically and transverse along said vertical leg structures enabling a user supported by said frame structure to move in a vertical direction (Jones [0013]: “Fixed gears can be coupled to the endpoints of the projecting rods. The gears allow the steps to be mounted to a chain installed within the poles of the frame. The chain can be driven by the electric motor also mounted to the frame”), and a controller device to enable a user standing on said stand structure to control speed and height of said stand structure (Fig. 1, 260 and [0032]: “Two buttons on the right handrail can be an up button 260 and a stop button 270”).
Jones fails to disclose the stand structure being foldable, said stand structure comprising two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it. Schramm teaches, in the context of step ladders, wherein said stand structure comprises two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it (Schramm, Fig. 2, and col. 2, lines 8-14: “They are adapted to be supported on the ladder legs 10, independently of the adjacent permanent step, by brackets 23 and 24 which are pivotally connected to the outer ends of the channel members by pivot pins 25' and 26', which pass respectively through loops 40 on the channel members and cooperative Loops 41 on the brackets, thus forming hinges”). 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 stand structure comprises two base folding sections and an extension section connected to one of the base folding sections and wherein said extension section can fold over onto the base folding section connected to it in the system disclosed by Jones according to the teachings of Schramm in order to “make it possible to have a smaller package for storing and shipping the device”, Schramm col. 3, lines 17-18.
Jones in view of Schramm fails to disclose a back support element, said back support element having a smooth flat surface with two ends to engage a user's back and support straps attached to each end of said back support element, said support straps also attached to vertical leg structures of said frame structure to support user while on said foldable stand structure. Major teaches, in the context of mobile step ladders, a back support element (Majors, Fig. 1, 140), said back support element having a smooth flat surface with two ends (Majors, Fig. 1, 146) to engage a user's back and support straps (Majors, Fig. 1, 144) attached to each end of said back support element, said support straps also attached to vertical leg structures (Majors, Fig. 1, 104) of said frame structure to support user while on said foldable stand structure. 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 a back support element, said back support element having a smooth flat surface with two ends to engage a user's back and support straps attached to each end of said back support element, said support straps also attached to vertical leg structures of said ladder frame structure to support user while on said foldable stand structure in the system of Jones in view of Schramm according to the teachings of Majors in order to inhibit a user from falling from the step ladder.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (US20210388676) in view of Schramm (US3078950) in view of Majors (US20230313612) and further in view of Katz (US7032711).
15: Jones in view of Schramm in view of Majors fail to disclose a top base positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements, each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges, a base platform comprising a flat surface element connected to the top sides of the connected base elements, said base platform providing a location to set items during a user's activity. Katz teaches, in the context of step ladders, a top base (Katz, Fig. 1, 32) positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements (Katz, Fig. 1, 43, “tabs”), each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges (Katz, Fig. 1), a base platform comprising a flat surface element connected to the top sides of the connected base elements (Katz, Fig. 1, 72, flat surface surrounds “cutout”), said base platform providing a location to set items during a user's activity. 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 a top base positioned on the top end of said vertical legs of said frame structure, said top base comprising four base elements, each base element having a top edge, bottom edge and two side edges, said four sides being connected to each other at the side edges, a base platform comprising a flat surface element connected to the top sides of the connected base elements, said base platform providing a location to set items during a user's activity in the automated system of Jones in view of Schramm in view of Majors according to the teachings of Katz in order to provide a more compartmentalized step ladder storage system, see Katz, col. 1, line 55.
Conclusion
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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634