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 . 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 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.
Claim Objections
Claim 1 is objected to because at line 1, “A adjustable” should read --An adjustable--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “a mounting bracket” in lines 6-7. It is unclear from the claim whether this mounting bracket is the same as, or different from, the mounting bracket previously recites in lines 3-4. Claims 2-12 inherit this issue for depending from claim 1.
Claim 10 recites the limitation “seven angled configurations for the upper and lower rails from 31-degrees to 43- degrees in 2-degree increments” in lines 2-3. It is unclear from the claim how these angled configurations are measured, given the upper and lower rails are parallel, as set forth in claim 5.
Claim Rejections - 35 USC § 102
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 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/102048 (Diz Alonso; the citations of which are taken from the attached translation).
Regarding claim 1, Diz Alonso discloses an adjustable grab railing (1; see Figures 1-3 and annotated Figure 1 below) comprising:
an upper rail (2; top/right in Figure 1) having an inner mount end and an outer end (see annotated Figure 1 below);
the inner mount end of the upper rail being selectively pivotably connected to a mounting bracket (7; see Figure 1 vs. Figure 2);
an adjustment rail (3; left/bottom of Figure 1) having an inner mount end and an adjustment end (see annotated Figure 1 below);
the inner mount end of the adjustment rail being selectively pivotably connected to a mounting bracket (7; see Figure 1 vs. Figure 2));
a lower rail (2; left/bottom of Figure 1) having an inner adjustment end and an outer end (see annotated Figure 1 below);
the adjustment end of the adjustment rail and the adjustment end of the lower rail telescoping with respect to each other (via holes 4; see adjusted positions in Figure 1 vs. Figure 2 and paragraphs [0048]-[0049]); and
an adjustment locking fastener (5b) that selectively locks the position of the adjustment rail with respect to the lower rail (see adjusted positions in Figure 1 vs. Figure 2 and paragraphs [0048]-[0049]).
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Figure 1. Annotated Figure 1 of Diz Alonso
Regarding claim 2, Diz Alonso discloses the outer end of the upper rail (2; top/right in Figure 1) is connected to the outer end of the lower rail (2; left/bottom of Figure 1; see annotated Figure 1 above).
Regarding claim 3, Diz Alonso discloses the outer end of the upper rail (2; top/right in Figure 1) is integrally connected to the outer end of the lower rail (2; left/bottom of Figure 1; see annotated Figure 1 above).
Regarding claim 4, Diz Alonso discloses the combined outer ends of the upper (2; top/right in Figure 1) and lower (2; left/bottom of Figure 1) rails define a 180-degree curve (see annotated Figure 1 above).
Regarding claim 5, Diz Alonso discloses the upper rail (2; top/right in Figure 1) is straight between its inner mount end and its outer end; the lower rail (2; left/bottom of Figure 1) being straight between its adjustment end and its outer end; the straight portions of the upper and lower rails being parallel (see annotated Figure 1 above).
Regarding claim 6, Diz Alonso discloses the adjustment end of the adjustment rail (3; left/bottom of Figure 1) is located inside the adjustment end of the lower rail (2; left/bottom of Figure 1;see annotated Figure 1 above).
Regarding claim 7, Diz Alonso discloses the adjustment locking fastener (5b) is carried inside the adjustable rail (3; left/bottom of Figure 1).
Regarding claim 8, Diz Alonso discloses the adjustment locking fastener includes spaced first (5b) and second (5a) adjustment locking fasteners.
Regarding claim 9, Diz Alonso discloses the lower rail (2; left/bottom of Figure 1) defines a first set of spaced openings (4) aligned with the first adjustment locking fastener (5b) and the lower rail defines a second set of spaced openings (see paragraph [0047]) aligned with the second adjustment locking fastener (5a; see Figure 1).
Regarding claim 11, Diz Alonso discloses the lower rail (2; left/bottom of Figure 1) also defines at least one fastener opening that is engaged by the adjustment locking fastener (5b) when the upper (2; top/right in Figure 1) and lower (2; left/bottom of Figure 1) rails are positioned to be horizontal (see Figure 1 and paragraphs [0048]-[0049]).
Claims 1-3 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,024,420 (Downing).
Regarding claim 1, Downing discloses an adjustable grab railing (10; see Figures 1-20) comprising:
an upper rail (20) having an inner mount end (attached at 28 in Figure 2) and an outer end (end opposite 28 in Figure 2);
the inner mount end of the upper rail being selectively pivotably connected to a mounting bracket (28; see Figure 2 vs. Figure 5);
an adjustment rail (22) having an inner mount end (attached at 24 in Figure 2) and an adjustment end (adjacent 36 in Figure 2);
the inner mount end of the adjustment rail being selectively pivotably connected to a mounting bracket (24; see Figure 2 vs. Figure 5);
a lower rail (44) having an inner adjustment end (attached at 36 in Figure 2) and an outer end (attached at 45 in Figure 2);
the adjustment end of the adjustment rail and the adjustment end of the lower rail telescoping with respect to each other (see column 4, line 22, through column 5, line 2); and
an adjustment locking fastener (48, 50, 52) that selectively locks the position of the adjustment rail with respect to the lower rail (see Figure 6 and column 4, line 57, through column 5, line 2).
Regarding claim 2, Downing discloses the outer end of the upper rail (20) is connected to the outer end of the lower rail (44; see Figure 2).
Regarding claim 3, Downing discloses the outer end of the upper rail (20) is integrally connected (at 45 in Figure 2) to the outer end of the lower rail (44).
Regarding claim 12, Downing discloses the lower rail (44) has first (at 44) and second (26) portions joined by an adjustable joint (P2) that allows the second portion to selectively pivot with respect to the first portion so that the second portion can be arranged vertically (see Figure 2 vs. Figure 5).
Allowable Subject Matter
Claim 10 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.
Diz Alonso discloses the adjustable grab railing of claim 9, but fails to disclose the first (4) and second (see paragraph [0047]) sets of spaced openings provide seven angled configurations for the upper (2; top/right in Figure 1) and lower (2; bottom/left in Figure 1) rails from 31-degrees to 43-degrees in 2-degree increments.
The prior art fails to fairly show or suggest a modification to Diz Alonso such that the first and second sets of spaced openings provide seven angled configurations for the upper and lower rails from 31-degrees to 43-degrees in 2-degree increments. Further, such a modification would teach away from the intended adjustability of Diz Alonso which provides height adjustment via slots (9), forward/backward adjustment via the first set of spaced openings (4), and adjustment to a storage and in-use position via further openings (14). As such, Diz Alonso exhibits not need for such angled configurations as set forth in claim 10, and therefore, motivation for such a modification would arise only out of the use of improper hindsight reasoning utilizing Applicant’s own disclosure.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
February 10, 2026