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 .
Information Disclosure Statement
it appears that the applicant may have missed typed some of the patent numbers on the IDS of July 22, 2024 and September 6, 2024. For example the #4 citation of US 597,685 is directed to a corset clamp, #81 US 2,478,576 be directed to a laryngeal mask, and publication #6 is directed to a fan blade connector component with skeleton and method of manufacturing.
Examiner requests applicant either provide a statement on why these references were cited, as the relationship is not clear to the claimed subject matter; or, they can provide an addition or corrected IDS with the corrected publication and patent numbers.
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) 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pineau Julien (FR 3043427).
Pineau Julien disclose:
9. A ladder (stepladder, Abstract) comprising:
a first rail and a second rail (first and second rails, aka uprights M, of said stepladder);
a plurality of rungs extending between and coupled to the first rail and the second rail (rungs of said stepladder);
a first foot (P; figure 1) coupled with the first rail (figure 1), the first foot including:
a lower tread portion (130, 241-246; figure 4, see below); and
an upper portion (portions of 1 and 2 above tread portion) integrally coupled to the lower tread portion (figure 4), the upper portion defining a cavity (10, figure 5B, see below) sized and shaped to receive a lowermost end of the first rail (M, figure 1), wherein part of the upper portion (projection 15) extends upward and inside the first rail (M) relative to the lowermost end of the first rail (figure 1); and
a fastener (3, figure 6) affixing the upper portion to the first rail.
10. The ladder of claim 9, wherein the upper portion is positioned against an interior surface of the first rail (@15) and an exterior surface of the first rail (@ walls 11-13, 21 and 22).
11. The ladder of claim 9, wherein the upper portion comprises a boss (26, figure 6) configured to receive the fastener 3, figure 6).
12. The ladder of claim 11, wherein the boss (26) is positioned adjacent to an exterior surface of the first rail (based on its location on the external wall 25; figure 6).
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Claim(s) 1, 6-11, 13-14, 16-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kremel Mojmir (CZ 35945).
Kremel Mojmir discloses:
1. A ladder (step ladder, see translation) comprising:
a first rail and a second rail (siderails 2 of said stepladder), the first rail having a polygonal cross-sectional profile (figure 2) and defining a hollow interior portion (see translation);
a plurality of rungs extending between and coupled to the first rail and the second rail (rungs of said step ladder; see translation); and
a first foot (1, figure 1, see below) coupled with the first rail (figure 2, see below), the first foot (1) including:
a tread portion (tread of 1a, figure 1);
a peripheral wall (3) coupled with the tread portion (figure 1) and positioned adjacent to an exterior surface of the first rail (figure 2); and
a projection (4, figure 1) coupled with the lower tread portion (figure 1) and extending into the hollow interior portion (see translation).
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6. The ladder of claim 1, wherein the polygonal cross-sectional profile includes a rectangular shape (figure 2).
7. The ladder of claim 1, wherein the peripheral wall (3) and the projection (4) define an opening (slot/space between 3 and 4) sized and shaped to receive the first rail (figure 1).
8. The ladder of claim 1, wherein the first foot (1) is formed of a single, unitary body (figure 1).
9. A ladder (stepladder, see translation) comprising:
a first rail and a second rail (side rails 2 of step ladder; see translation);
a plurality of rungs extending between and coupled to the first rail and the second rail (rungs of stepladder; see translation);
a first foot (1, figure 1) coupled with the first rail (figure 2), the first foot including:
a lower tread portion (treads of 1a); and an upper portion (3, 4) integrally coupled to the lower tread portion (figure 1), the upper portion (3, 4) defining a cavity (slot/space between 3 and 4) sized and shaped to receive a lowermost end of the first rail (figure 1), wherein part of the upper portion (portion 4) extends upward and inside the first rail relative to the lowermost end of the first rail (see translation); and
a fastener (6, figure 1) affixing the upper portion (4) to the first rail (figure 1).
10. The ladder of claim 9, wherein the upper portion (3, 4) is positioned against an interior surface (@4) of the first rail and an exterior surface (@3) of the first rail (figure 1).
11. The ladder of claim 9, wherein the upper portion (4) comprises a boss (@ LH 5, figure 1) configured to receive the fastener (figures 1,2).
13. The ladder of claim 11, wherein the boss (@ LH 5) is a first boss positioned inside the first rail, and the upper portion (4) comprises a second boss (@ RH 5) positioned inside the first rail and configured to receive an additional fastener (figs 1, 2).
14. The ladder of claim 11, wherein the fastener (6) passes through the part of the upper portion (4) extending upward and inside the first rail (see translation).
16. The ladder of claim 9, wherein at least the first rail comprises a closed cross-sectional profile (hollow side rails; see translation).
17. A ladder (stepladder, see translation) comprising:
a first rail and a second rail (siderails 2 of step ladder; see translation), at least the first rail defining a hollow interior portion (see translation);
a plurality of rungs (rungs of stepladder, see translation) extending between and coupled to the first rail and to the second rail (see translation) and a first foot (1, figure 1) coupled with the first rail (figure 2), the first foot including:
a tread portion (tread portion of 1a, figure 1);
a peripheral wall (3, figure 1) coupled with the tread portion and positioned adjacent to an exterior surface of the first rail (figure 2);
a projection (4) coupled with the tread portion (figure 1) and extending into the hollow interior portion, the projection being positioned adjacent to an interior surface of the first rail (see translation);
a boss (@5, figure 1); and
a fastener (6, figure 2) extending through the boss and at least partially through the first rail (figure 1) and the projection (see translation).
20. The ladder of claim 17, wherein the boss (@5, figure 1) is formed in the projection (4, figure 1), and the fastener (6) extends through a single wall of the first rail (figure 1) and into the boss (see translation).
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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(s) 2-5, 15 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kremel Mojmir as applied to claims 1, 9, 11, and 17 above, and further in view of Beggs et al. (US 2019/0226279).
Re: claim 2, While Kremel Mojmir discloses a fastener (6, figure 2) coupling the projection (4) and extending at least partially through the first rail (figure 2), they do not discose the fastener coupling the peripheral wall and the projection.
However, Beggs et al. teach: a peripheral wall (48-62 even #s; figure 2) positioned such that the fastener (rivets 21 in figure 2) passes therethrough. Providing Kremel Mojmir with a peripheral wall that covers all sides of the first rail, as taught by Beggs et al. would result in the fastener (6, figure 2 Kremel Mojmir) coupling the peripheral wall and the projection (4, Kremel Mojmir).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Kremel Mojmir with a peripheral wall that covers all sides of the first rail, as taught by Beggs et al., so as to protect the end of the first rail, where the fasteners passed through, protecting the end of the rail from damage in use and when attaching the fasteners.
Kremel Mojmir discloses: 3. The ladder of claim 2, wherein the projection (4, figure 1) comprises one or more bosses (@ LH and RH 5s) configured to receive the fastener (6, figure 2).
Kremel Mojmir in view of Beggs et al. result in:
4. The ladder of claim 2, wherein: the first rail defines a first wall and a second wall (opposing walls of rails 2 ,Kremel Mojmir); and the fastener (21, Beggs et al. figure 2) extends through each of the first wall and the second wall (Beggs et al. figure 2).
5. The ladder of claim 4, further comprising a boss (69, figure 5) positioned adjacent to the exterior surface (would be positioned on second wall of Kremel Mojmir), and the fastener (21, Beggs, figure 2) extends into the boss (figure 2, Beggs).
15. The ladder of claim 14, wherein the fastener additionally passes through another part (part where it enters/ part where the head of 21 sits) of the upper portion positioned adjacent to an exterior surface of the first rail (figure 2, Beggs).
18. The ladder of claim 17, wherein: the first rail is defined by a pair of opposing walls (opposing walls of rails 2 , Kremel Mojmir); and the fastener (21, Beggs et al. figure 2) extends through each wall of the pair of opposing walls (Beggs et al. figure 2).
19. The ladder of claim 18, wherein the boss (69, figure 5, Beggs et al.) is formed in the peripheral wall (Beggs et al. figure 2)
Again, providing Kremel Mojmir with a peripheral wall that covers all sides of the first rail, as taught by Beggs et al. would result in the fastener (6, figure 2 Kremel Mojmir) coupling the peripheral wall and the projection (4, Kremel Mojmir). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Kremel Mojmir with a peripheral wall that covers all sides of the first rail, as taught by Beggs et al., so as to protect the end of the first rail, where the fasteners passed through, protecting the end of the rail from damage in use and when attaching the fasteners.
Conclusion
The prior art 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 COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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