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 Rejections - 35 USC § 112
Claims 4 and 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the ratchet wheel" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the friction clutch mechanism" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 14-20, and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0090743 A1 to MEDBØ et al.
Regarding claim 1, MEDBØ et al. discloses a stair assistance device for assisting a person to climb up and down stairs (Fig.18), the device comprising: a handle (2); a saddle (4,6) for engagement with a guide rail (10) mounted alongside the stairs (Fig.18), the saddle being connected to the handle (Fig. 23a-23d); and an engagement rack (8) for attachment to and extending along the length of the guide rail (Fig.18; connected via bracket 58), the saddle being engaged with the engagement rack (saddle engaged with rack 8 via bracket portion 6); wherein the saddle is arranged for sliding motion along the guide rail (Paragraph [0068]) and for selectively preventing motion of the handle and saddle along the guide rail (Paragraph [0068]), the saddle comprising: a releasable ratchet mechanism comprising a pawl (Paragraphs [0071]-[0073]) engageable with a ratchet (Paragraph [0073993]) which, when engaged, prevents movement of the handle in a downstairs direction and allows movement of the handle in an upstairs direction (Paragraph [0068]); and wherein the handle is coupled to the pawl such that a predetermined movement of the handle relative to the guide rail will disengage the pawl (Paragraph [0068], [0071]).
Regarding claim 14, wherein the saddle comprises a biasing element arranged to bias the pawl into engagement with the ratchet (Paragraph [0010] and [0052]).
Regarding claim 15, comprising a folding mechanism (12) that enables the handle to be folded away (Fig. 23c).
Regarding claim 16, wherein the folding mechanism comprises a single rotating joint (rotates about pivot shown in Fig. 23d) that couples the handle to the saddle (Fig. 23a-d), with the rotating joint being mounted to the saddle to provide a rotation of the handle, the rotation including a component of rotation about a vertical axis (Fig.23a-d).
Regarding claim 17, wherein the folding mechanism comprises a spring lock (Paragraph [0075]) which prevents rotation of the handle until it is disengaged, wherein the spring lock automatically engages when the handle is in a position for normal use and optionally engages when the handle is in the folded position (Paragraph [0075]).
Regarding claim 18, wherein the spring lock comprises a releasable rod (locking lugs 64; Paragraph [0075]) extending through the handle and engaging with the rotating joint, wherein a first end of the rod is coupled to an actuation lever for disengaging the rod (Paragraph ]0075]).
Regarding claim 19, wherein the saddle can be installed on both a left-hand side and a right-hand side of the stairs (nothing in the saddle would prevent the saddle from being used on both sides of stairs; capable of being used on both sides of stairs).
Regarding claim 20, wherein the saddle comprises a frame assembly including one or more frames (52, 54) arranged for slidable movement along the guide rail (slides along the rail).
Regarding claim 23, wherein the stair assistance device comprises the guide rail (10), wherein the guide rail optionally includes at least one internal channel extending therethrough (hollow interior of 10).
Regarding claim 24, comprising at least two guide rails (10, Fig.22; another 10 will be inserted on opposite side of 58), wherein the guide rails are connected by a rail-connecting component (58) inserted into the channel of each guide rail (portion of 58 inserted into 10).
Regarding claim 25, wherein the handle comprises a central gripping portion (upper horizontal portion 34 of handle 2) and one or more lateral gripping portions (left and right vertical portions of 2) extending vertically outwards from the central gripping portion.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 14-16, 19, 20, 23, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 108797918 A to He in view of US 2016/0090743 A1 to MEDBØ et al.
Regarding claim 1, He discloses a stair assistance device for assisting a person to climb up and down stairs (Fig.16), the device comprising: a handle (61); a saddle (3) for engagement with a guide rail (22) mounted alongside the stairs (Fig.18), the saddle being connected to the handle (Fig.2 and 3); and an engagement rack (21) for attachment to and extending along the length of the guide rail (Fig.16; connected via brackets), the saddle being engaged with the engagement rack (Fig. 2, 3, and 7); wherein the saddle is arranged for sliding motion along the guide rail (Fig.16) and for selectively preventing motion of the handle and saddle along the guide rail (braking member engaged and disengaged, Fig.13 and 15), the saddle comprising: a releasable ratchet mechanism comprising a brake (52) engageable with a ratchet (511) which, when engaged, prevents movement of the handle in a downstairs direction (braking member locks 511); and wherein the handle is coupled to the braking member such that a predetermined movement of the handle relative to the guide rail will disengage the braking mechanism (56, Fig.13).
He discloses wherein the mechanism to prevent movement is a braking mechanism but does not disclose a pawl which allows movement upstairs but prevents movement downstairs when engaged.
MEDBØ et al. discloses wherein the ratchet mechanism includes a pawl (20, Fig.4), which enables the stair assistant device to move upstairs but not downstairs while the pawl is engaged (Paragraph [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the saddle of He with a pawl as taught by MEDBØ et al. so to enable one way movement of the stair assistance device upstairs without needed to disengage the pawl member, thereby allowing walking upstairs with and providing a handle to prevent falling down the stairs.
Regarding claim 2, He discloses wherein the engagement rack comprises a strip of generally rigid material (211) with teeth (top of 211) spaced along the strip, and wherein the saddle comprises a sprocket (511, Fig.13), wherein teeth of the sprocket are arranged to interlock with the teeth of the engagement rack (Fig.13).
Regarding claim 3, He discloses wherein the ratchet is a ratchet wheel (511) comprising angled teeth spaced around the circumference of the ratchet wheel (511).
MEDBØ et al. disclose the pawl comprises a finger (20) arranged to engage with the angled teeth.
Regarding claim 14, MEDBØ et al. discloses wherein the saddle comprises a biasing element arranged to bias the pawl into engagement with the ratchet (Paragraph [0010] and [0052]).
Regarding claim 15, He discloses comprising a folding mechanism that enables the handle to be folded away (6, Fig.4-6).
Regarding claim 16, He discloses wherein the folding mechanism comprises a single rotating joint (rotation joint, Fig.6) that couples the handle to the saddle, with the rotating joint being mounted to the saddle to provide a rotation of the handle, the rotation including a component of rotation about a vertical axis (Fig.4-6).
Regarding claim 19, He discloses a stair assistance device capable of being used on both a left-hand side and a right-hand side of the stairs.
Regarding claim 20, He discloses wherein the saddle comprises a frame assembly including one or more frames (left and right sides 31, Fig.8) arranged for slidable movement along the guide rail.
Regarding claim 23, wherein the stair assistance device comprises the guide rail (22), wherein the guide rail optionally includes at least one internal channel (internal channel within 22) extending therethrough.
Regarding claim 25, wherein the handle (61) comprises a central gripping portion (horizontal portions of 61, Fig.3) and one or more lateral gripping portions extending vertically outwards from the central gripping portion (left and right vertical portions of 61).
Allowable Subject Matter
Claims 5-13 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.
Claim 4, 21, and 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
The prior art of record fails to disclose the combination of elements of the stair assistance device, specifically the addition of friction clutch mechanism including a clutch lever engaging the pawl and ratchet pull elements also engaging the pawl element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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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) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635