DETAILED ACTION
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 8, 12-17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Manzo (US 4,886,245) in view of Shuhei (JP 4749441).
As to claims 8, 12 and 13, Manzo discloses a baluster attachment system for attachment to a stairway substrate, comprising:
a fixed element 28 having a substrate portion 40 and an attachment portion 36 opposite the substrate portion, the substrate portion affixed to the stairway substrate 18;
a pivot element 26 having a secondary attachment portion 30 at a first end and a baluster mount 32 at a second end opposite the first end, the baluster mount adapted to attach to an end of a baluster 20; and
a pin 44 extending through the attachment portion of the fixed element and the secondary attachment portion of the pivot element to pivotally connect the pivot element to the fixed element whereby the pivot element is capable of pivoting about the pin with respect to the fixed element and the stairway substrate until such time that another portion of the baluster is secured in position (Figures 1-4).
Manzo fails to disclose a baluster attachment system wherein the baluster mount includes a tubular open end of the pivot element opposite the secondary attachment portion, the tubular open end capable of receiving and retaining a first end of a stairway baluster; wherein the baluster mount defines a set screw opening, and the baluster mount includes a set screw extending into the set screw opening for retaining the first end of the stairway baluster in the baluster mount; and wherein the tubular open end has a cross sectional shape that matches a cross sectional shape of the first end of the stairway baluster.
Shuhei teaches a baluster attachment system wherein a rail mount 20 includes a tubular open end of a pivot element opposite a secondary attachment portion 21, the tubular open end capable of receiving and retaining a first end of a stairway rail 5; wherein the rail mount defines a set screw opening 20a, and the baluster mount includes a set screw extending into the set screw opening for retaining the first end of the stairway rail in the rail mount; and wherein the tubular open end has a cross sectional shape that matches a cross sectional shape of the first end of the stairway rail; the open tubular end of the rail mount enabling a conventional tubular rail to be quickly and easily assembled to the mount (Figures 1-11). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the baluster attachment system disclosed by Manzo wherein the baluster mount comprises an open tubular end, as taught by Shuhei, in order to enable a conventional tubular baluster to be quickly and easily assembled to the mount.
As to claim 14, Manzo discloses a baluster attachment system wherein the stairway baluster 20 includes a second end opposite the first end, and including a second one of the baluster attachment systems at the second end of the stairway baluster for attaching the second end of the stairway baluster to a second stairway substrate 16 (Figures 1-7).
As to claim 15, Manzo discloses a baluster attachment system wherein the pivot element 26 of the baluster attachment system is pivoted to a first angle with respect to the fixed element 28, and wherein the pivot element 26 of the second baluster attachment system is pivoted to a second angle with respect to the fixed element 28 of the second baluster attachment system, the first angle different from the second angle (Figures 1-7).
As to claim 16, Manzo discloses a baluster attachment system wherein the pin 44 of the baluster attachment system extends parallel to the pin 44 of the second one of the baluster attachment systems (Figures 1-7).
As to claim 17 and 19, Manzo discloses a method for attaching a baluster 20 to a stairway substrate 18, the method including the steps of:
providing a fixed element 28 having a substrate portion 40 at a first end and an attachment portion 36 at a second end opposite the first end;
providing a fastener 42 having a first threaded end; securing the fixed element to the stairway substrate by the first threaded end of the fastener;
providing a pivot element 26 having a secondary attachment portion 30 and a baluster mount 32;
attaching a first end of a stairway baluster to the baluster mount to secure the stairway baluster to the pivot element;
positioning the secondary attachment portion of the pivot element adjacent to the attachment portion of the fixed element with the pivot element extending at a desired angle with respect to the fixed element; and
inserting a pin 44 through the attachment portion of the fixed element and the secondary attachment portion of the pivot element to connect the pivot element to the fixed element at the desired angle (Figures 1-4).
Manzo fails to disclose a method wherein the baluster mount of the pivot element is a tubular section with an open end, and the step of attaching the first end of the stairway baluster method includes inserting the first end of the stairway baluster into the open end; and including providing a set screw opening in the baluster mount, and inserting a set screw into the set screw opening to engage the first end of the baluster and retain the baluster in the baluster mount.
Shuhei teaches a method wherein a rail mount 20 of a pivot element 51 is a tubular section with an open end, and the step of attaching a first end of the stairway rail 5 includes inserting the first end of the stairway rail into the open end; providing a set screw opening 20a in the rail mount, and inserting a set screw into the set screw opening to engage the first end of the rail and retain the rail in the rail mount; the open tubular end of the rail mount enabling a conventional tubular rail to be quickly and easily assembled to the mount (Figures 1-11). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Manzo wherein the baluster mount comprises an open tubular end, as taught by Shuhei, in order to enable a conventional tubular baluster to be quickly and easily assembled to the mount.
As to claim 20, Manzo discloses a method including securing the second end of the baluster 20 to a second stairway substrate 16 using a second fastener 42, fixed element 28, pivot element 26 and pin 44 (Figures 1-7).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Manzo in view of Shuhei, as applied to claim 8 above, and further in view of DeRogatis (US 8,083,214).
As to claim 9, Manzo discloses a baluster attachment system wherein the fixed element 28 is attached to the stairway substrate 18 with a fastener 42 having a first threaded end threaded into the stairway substrate (Figures 1-4).
Manzo fails to disclose a baluster attachment system wherein the fixed element is attached to the stairway substrate with a fastener having a second threaded end threaded into the substrate portion of the fixed element.
DeRogatis teaches a baluster attachment system wherein a baluster is attached to a stairway substrate with a fastener 102 having a first threaded end threaded into a stairway substrate and a second end threaded into the baluster; the opposing first and second threaded ends of the fastener enabling the fastener to separately affixed to each of the baluster and stairway substrate, providing for easier manufacturing and assembly (Figure 12; C7 L63-C8 L25). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the baluster attachment system disclosed by Manzo wherein the fixed element is attached to the stairway substrate with a fastener having opposing first and second threaded ends, as taught by DeRogatis, in order to enable the fastener to separately affixed to each of the fixed element and stairway substrate, providing for easier manufacturing and assembly.
As to claim 10, Manzo discloses a baluster attachment system wherein the attachment portion 36 of the fixed element 28 includes one of a clevis and a tang, and wherein the secondary attachment portion 30 of the pivot element 26 includes the other of the clevis and tang, the tang extending into the clevis, and the pin 44 extending through the clevis and the tang to pivotally attach the pivot element to the fixed element (Figures 1-4).
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Manzo in view of DeRogatis and Shuhei.
As to claims 1, 2, 5 and 6, Manzo discloses a system for attaching a baluster to a stairway substrate, comprising:
a screw 42 having a first threaded end threaded into the stairway substrate 18 to secure the screw to the substrate;
a fixed element 28 having a substrate portion 40 and an attachment portion 36, the substrate portion affixed to the screw, the attachment portion including one of a clevis and a tang extending from the substrate portion;
a pivot element 26 having a secondary attachment portion, the secondary attachment portion including the other of the clevis and the tang; and
a pin 44 extending through the attachment portion and the secondary attachment portion to connect the fixed element and the pivot element; and
a baluster 20 having an end portion affixed to the pivot element (Figures 1-4).
Manzo fails to disclose a system wherein the fixed element is attached to the stairway substrate with a fastener having a second threaded end threaded into the substrate portion of the fixed element; wherein the first threaded end has a first thread pitch and the second threaded end has a second thread pitch that differs from the first thread pitch.
DeRogatis teaches a system wherein a baluster is attached to a stairway substrate with a fastener 102 having a first threaded end threaded into a stairway substrate and a second end threaded into the baluster; wherein the first threaded end has a first thread pitch and the second threaded end has a second thread pitch that differs from the first thread pitch; the opposing first and second threaded ends of the fastener enabling the fastener to separately affixed to each of the baluster and stairway substrate, providing for easier manufacturing and assembly (Figure 12; C7 L63-C8 L25). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Manzo wherein the fixed element is attached to the stairway substrate with a fastener having opposing first and second threaded ends, as taught by DeRogatis, in order to enable the fastener to separately affixed to each of the fixed element and stairway substrate, providing for easier manufacturing and assembly.
Manzo fails to disclose a system wherein the pivot element has a tubular portion including a sidewall defining an open end; and the baluster having an end portion inserted into the open end of the tubular portion of the pivot element, the baluster end portion retained in the tubular portion by a set screw extending through the sidewall of the tubular portion and engaging the baluster; and wherein the open end of the tubular portion has a cross sectional shape that matches the cross sectional shape of the baluster end.
Shuhei teaches a system wherein a pivot element 21 has a tubular portion 20 including a sidewall defining an open end; and a rail 5 has an end portion inserted into the open end of the tubular portion of the pivot element, the rail end portion retained in the tubular portion by a set screw extending through the sidewall of the tubular portion and engaging the rail; and wherein the open end of the tubular portion has a cross sectional shape that matches the cross sectional shape of the rail end; the open tubular end of the pivot element enabling a conventional tubular rail to be quickly and easily assembled to the element (Figures 1-11). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Manzo wherein the pivot element comprises an open tubular end, as taught by Shuhei, in order to enable a conventional tubular baluster to be quickly and easily assembled to the element.
As to claim 3, Manzo discloses a system wherein the attachment portion 36 is the clevis and the secondary attachment portion 30 is the tang, the tang inserted into the clevis, and the pin 40 inserted through the clevis and tang to connect the fixed element 28 and the pivot element 26 (Figures 1-4).
As to claim 4, Manzo discloses a system wherein the substrate portion 40 of the fixed element 28 abuts the substrate 18 (Figures 1-4).
As to claim 7, Manzo discloses a system wherein the pin 44 has a first end and a second end opposite the first end, the pin defining a longitudinal length extending through the first and second ends, the longitudinal length defining an axis about which the pivot element 26 is capable of pivoting with respect to the fixed element 28 (Figures 1-4).
Response to Arguments
Applicant's arguments filed June 11, 2026 have been fully considered but they are not persuasive.
As to claims 1, 8 and 17, Attorney argues that:
Shuhei fails to teach or suggest modifying the baluster attachment system disclosed by Manzo wherein the baluster mount includes a tubular open end of the pivot element opposite the secondary attachment portion, the tubular open end capable of receiving and retaining a first end of a stairway baluster, as implementing the Shuhei reference’s design would require substantial redesigning of the system disclosed by Manzo, and as the Shuhei reference provides no teaching or suggestion that its handrail holding body 20 could effectively or efficiently be used as the lower end junction with the substrate.
Examiner disagrees. As to claims 1, 8 and 17, Shuhei teaches a baluster attachment system wherein a rail mount 20 includes a tubular open end of a pivot element opposite a secondary attachment portion 21, the tubular open end capable of receiving and retaining a first end of a stairway rail 5; the open tubular end of the rail mount enabling a conventional tubular rail to be quickly and easily assembled to the mount (Figures 1-11). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the baluster attachment system disclosed by Manzo wherein the baluster mount comprises an open tubular end, as taught by Shuhei, in order to enable a conventional tubular baluster to be quickly and easily assembled to the mount.
As to Attorney’s argument that implementing the Shuhei reference’s design would require substantial redesigning of the system disclosed by Manzo, Examiner notes that the Shuhei reference has not been relied upon to teach or suggest the bodily incorporation of the exact structural components disclosed within the reference, but instead the Shuhei reference has been relied upon to teach or suggest the broad well-known concept of open-ended tubular couplers being used within the fencing art to enable the use of conventional tubular fence elements.
Furthermore, in response to such argument that the Shuhei reference’s design requires substantial redesigning of the system disclosed by Manzo, Examiner notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
As to Attorney’s argument that the Shuhei reference provides no teaching or suggestion that its handrail holding body 20 could effectively or efficiently be used as the lower end junction with the substrate, Examiner notes that the Shuhei reference has not been relied upon to teach or suggest modifying the baluster attachment system disclosed by Manzo to comprise a fixed element affixed to a stairway substrate; such fixed element structure is disclosed within the base reference of Manzo. The Shuhei reference has only been relied upon to teach or suggest modify the baluster attachment system disclosed by Manzo wherein the baluster mount comprises an open tubular end.
As to claim 1, Attorney further argues that:
DeRogatis fails to teach or suggest modify the system disclosed by Manzo wherein the fixed element is attached to the stairway substrate with a fastener having a second threaded end threaded into the substrate portion of the fixed element, as the Manzo reference already provides a complete and operable system and implementing the DeRogatis reference’s design would require redesigning of the system disclosed by Manzo.
Examiner disagrees. As to claim 1, DeRogatis teaches a system wherein a baluster is attached to a stairway substrate with a fastener 102 having a first threaded end threaded into a stairway substrate and a second end threaded into the baluster; the opposing first and second threaded ends of the fastener enabling the fastener to separately affixed to each of the baluster and stairway substrate, providing for easier manufacturing and assembly (Figure 12; C7 L63-C8 L25). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Manzo wherein the fixed element is attached to the stairway substrate with a fastener having opposing first and second threaded ends, as taught by DeRogatis, in order to enable the fastener to separately affixed to each of the fixed element and stairway substrate, providing for easier manufacturing and assembly.
As to Attorney’s argument that the Manzo reference already provides a complete and operable system and implementing the DeRogatis reference’s design would require redesigning of the system disclosed by Manzo, Examiner notes that the DeRogatis reference has not been relied upon to teach or suggest the bodily incorporation of the exact structural components disclosed within the reference, but instead the DeRogatis reference has been relied upon to teach or suggest the broad well-known concept of fasteners having opposing first and second threaded ends being used within the fencing art to provide for easier manufacturing and assembly of fencing components.
Furthermore, in response to such argument that the DeRogatis reference’s design requires redesigning of the system disclosed by Manzo, Examiner notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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07/11/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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