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 .
Acknowledgment is made of the amendment filed August 11, 2026. The application has been updated accordingly.
The examiner notes that claim 18 was identified as original, however it is a new claim and will be treated as such. Applicant should note that claim identifiers must be correct or amendments may not be entered.
Election/Restrictions
Claims 2-3 and 9-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 11, 2026.
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.
Claims 1, 4, 7-8 and 11-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marryatt (3,012,626).
Marryatt discloses:
Claim 1: A ladder safety device for removably securing a ladder (Fig. 4; 33) to a parapet wall (Fig. 1; 1) of a rooftop, comprising:
a pair of support clamps (Fig. 2; at 12 and 27) securable to the parapet wall, each said support clamp comprising a first support member (Fig. 1; 11/12), a second support member (Fig. 2; see detail), and an extended arm (Fig. 2; 25) joining said first support member to said second support member, wherein a distance between said first and second support members defines a width adjustable to the width of the parapet wall (Fig. 2; via the pivotal movement of 12);
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an elongate plate (Fig. 1; 22) connecting said pair of support clamps to each other (Fig. 1; 22 connects the left and right sides); and
at least one ladder hook (Fig. 4; 30/31) extending from said elongate plate (Fig. 1; via 20) for securely receiving a rung (Fig. 4; 34) of the ladder;
wherein said second support member comprises an end with at least one slot (Fig. 2; 36) for receiving at least one of a hand rail or a guard rail (Fig. 2; 38/40).
Claim 4: The ladder safety device of claim 1, further comprising a swiveling bracket (Fig. 2; 5/6) connectable to said first support member (Fig. 2; at 13/14), said swiveling bracket being pivotable between a first position where the bracket is operatively secured against the parapet wall (Fig. 2) and a second position where the bracket operatively rests onto the rooftop (Fig. 2; extending 12 out horizontally would allow 5/6 to rest onto the rooftop).
Claim 7: The ladder safety device of claim 4, wherein said swiveling bracket comprises a pad (Fig. 2; at 8) for applying pressure against the parapet wall when in the first position or for resting on the rooftop when in the second position (Fig. 2; the pad at 8 is depicted applying pressure against the parapet wall and if extended horizontally would rest on the rooftop).
Claim 8: The ladder safety device of claim 1, wherein each of said first support member and said second support member comprises a pad (Fig. 2; at 8 and 28) for applying pressure against the parapet wall (Fig. 2; the pads at 8 and 28 are depicted applying pressure against the parapet wall).
Claim 11: The ladder safety device of claim 1, wherein said pair of support clamps, said elongate plate and said pair of ladder hooks are each made from aluminum (Col. 3, Lines 23-26).
Claim 12: The ladder safety device of claim 1, comprising two guard rails extending perpendicularly with respect to a side of the rooftop at a first end (Fig. 4; 38/40 are depicted as extending perpendicularly with respect to 62) and a counterweight at a second end (Fig. 7; 59), said counterweight engaging with the rooftop (Fig. 7; 62) to counter the weight of a user using the ladder.
Claim 13: The ladder safety device of claim 1, further comprising:
at least one rail insertable into said at least one slot at a first end (Fig. 2; 40) and comprising a counterweight at a second end (Fig. 7; 59), said counterweight engaging with the rooftop (Fig. 7; 62) to counter the weight of a user using the ladder.
Claim 14: The ladder safety device of claim 13, comprising two guard rails extending perpendicularly with respect to a side of the rooftop (Fig. 4; 38/40 are depicted as extending perpendicularly with respect to 62).
Claim 15: A ladder safety device for removably securing a ladder (Fig. 4; 33) to a parapet wall (Fig. 1; 1) of a rooftop, comprising:
a pair of support clamps (Fig. 2; at 12 and 27) securable to the parapet wall, each said support clamp comprising a first support member (Fig. 1; 11/12), a second support member (Fig. 2; see detail), and an extended arm (Fig. 2; 25) joining said first support member to said second support member, wherein a distance between said first and second support members defines a width adjustable to the width of the parapet wall (Fig. 2; via the pivotal movement of 12);
a swiveling bracket (Fig. 2; 5/6) in each support clamp connectable to said first support member (Fig. 2; at 13/14), said swiveling bracket being pivotable between a first position (Fig. 2) where the bracket is operatively secured against the parapet wall and a second position where the bracket operatively rests onto the rooftop (Fig. 2; extending 12 out horizontally would allow 5/6 to rest onto the rooftop);
an elongate plate (Fig. 1; 22) connecting said pair of support clamps to each other (Fig. 1; 22 connects the left and right sides); and
holding means (Fig. 4; 30/31) for supporting said ladder;
wherein said second support member comprises an end with at least one slot (Fig. 2; 36) for receiving at least one of a hand rail or a guard rail (Fig. 2; 40).
Claim 16: The ladder safety device of claim 15, wherein said holding means comprise at least one ladder hook (Fig. 4; 30/31) extending from said elongate plate for securely receiving a rung (Fig. 4; 34) of the ladder.
Claim 17: The ladder safety device of claim 15, comprising two guard rails extending perpendicularly with respect to a side of the rooftop (Fig. 2; 40 are depicted as extending perpendicularly with respect to 62) at a first end and a counterweight (Fig. 7; 59) at a second end, said counterweight engaging with the rooftop (Fig. 7; 62) to counter the weight of a user using the ladder.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Marryatt (3,012,626) in view of Sneller (3,664,626).
Claim 6: Marryatt discloses the safety device of claim 1, but fails to disclose further comprising a C-shaped bracket telescopically connectable to said first support member via at least one elongate slot and a fastener and a threaded fastener, wherein said width of each support clamp is adjustable by adjusting the distance between said C-shaped bracket and said first support member via said threaded fastener.
However, Sneller discloses a C-shaped bracket (Fig. 4; 62 with 61 and 68) telescopically connectable (Fig. 4; via the slot in 62) and a threaded fastener (Fig. 4; depicted connecting 62 and 61).
Therefore, 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 first support member of Marryatt to include the C-shaped bracket, as taught by Sneller, with a reasonable expectation of success because it would allow the safety device to connect to a variety of wall configurations.
Allowable Subject Matter
Claims 5 and 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.
Claims 5 and 18 are considered allowable due to the recitation of a swiveling bracket is telescopically connectable to said first support member via at least one elongate slot, a male fastener and a female fastener, wherein said width of each support clamp is adjustable by adjusting the distance between said swiveling bracket and said first support member along said elongate slot via said male fastener and said female fastener.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
