DETAILED ACTION
Drawings
The drawings are objected to because there is no lead line from reference numeral 152 in Fig. 9. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 5 is objected to because of the following informalities:
Last line, “to” should be removed, and,
Last line, it is unclear whether the first or second slotted opening is intended.
Appropriate correction is required.
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 7, 10-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moldthan (US20060102425).
7: A ladder (Figs. 1-9), comprising: a pair of spaced apart rails (101, Fig. 1), including a first hinge component (120, Fig. 7); a set of cross-members (108, Fig. 1) coupled to and extending between the pair of spaced apart rails (101); at least one post member (28, Fig. 6) rotatably coupled (at 113) with the pair of spaced apart rails (101), the at least one post member (102, Fig. 1) including a second hinge component (115) , the second hinge component being rotatably coupled with the first hinge component ([0019]: “each hinge includes a bushing 120 and a first plate 115, a second plate 114 and a third plate 113 that are held by the bushing 120 and rotate about the bushing 120”); and a lock mechanism (Figs. 6-9) including a rotatable member (106), a pivot pin (at the end of the leader line from 106 in Fig. 1), and a lock pin (116), wherein the rotatable member (106) and the lock pin (116) are rotatable relative to the second hinge component (115) about an axis of rotation defined through the pivot pin and through the second hinge component (note that the axis intersects, i.e., extends through, the second hinge component 114), and wherein the lock pin is radially movable relative to the pivot pin (note that the distance between the lock pin and the pivot pin defines a radius, thus, the lock pin is radially movable relative to the pivot pin).
10. The ladder of claim 7, wherein the at least one post member (28) is rotatable to a storage position parallel to, and adjacent to, at least one rail (112) of the pair of spaced apart rails (Figs. 4 and 5).
11. The ladder of claim 7, wherein the rotatable member (106) defines a slotted opening (note that the lock pin 116 is received within a slot of the rotatable member 106 in Figs. 6 and 7) receiving the lock pin (116).
12. The ladder of claim 7, wherein the second hinge component (115) defines a slotted opening (42) receiving the lock pin.
13. The ladder of claim 7, wherein the rotatable member (106) comprises a pair of plate members (the parallel sides of 106) coupled to each other by the pivot pin ((at the end of the leader line from 106 in Fig. 1) and the lock pin (note from Figs. 6 and 7 that the lock pin appears to extend to both sides of the rotatable member 106).
14. A ladder (Figs. 1-9), comprising: a first assembly (12) including a first pair of rails (30, 100) and a first set of cross-members (108), the first set of cross-members being coupled with and extending between the first pair of rails; a second assembly (14) including a second pair of rails (101, 32) and a second set of cross-members (108), the second set of cross-members being coupled with and extending between the second pair of rails; a pair of post members (28, 102) pivotally movable relative to the second pair of rails (101, 32) between a first position (Figs. 4 and 5) and a second position (Fig. 1); wherein, when in the first position, the pair of post members is positioned adjacent to and extending substantially parallel with the second pair of rails; wherein, when in the second position, the pair of post members extends vertically upward from the second pair of rails.
15. The ladder of claim 14, further comprising a structural component (103) directly coupled to and extending between the pair of post members (28, 102).
16. The ladder of claim 14, wherein the first pair of rails and the second pair of rails are pivotally coupled to each other ([0016]: “The ladder 10 comprises a hinge mechanism 16 connected to the first section 12 and second section 14, about which the first section 12 and second section 14 move between an open state, where the first and second sections 12, 14 are in an angular relationship for use, as shown in FIGS. 2 and 3, and a folded state where the first and second sections 12, 14 and the platform 107 are essentially in parallel, as shown in FIGS. 4 and 5”).
17. The ladder of claim 14, wherein the first pair of rails comprises a first pair of rail components (the components that make up linkage 34) and a second pair of rail components (the components that make up the cylindrical guide adjacent call out 38 in Fig. 1), the first pair of rail components being longitudinally slidable relative to the second pair of rail components.
19. The ladder of claim 14, wherein at least one cross-member of the first set of cross-members is rotatable relative to the first pair of rails ([0005]: “The ladder comprises a linkage mechanism connected to the platform and the step of each section wherein when the platform is moved to a folded state, the steps are moved into the folded state, and when the platform is moved to an open state, the steps are moved into the open state”).
20. The ladder of claim 14, wherein the pair of post members is coupled to the second pair of rails via a pair of lockable hinges ([0018]: “The foldable tray mechanism 18 preferably includes a first tray 104, a first tray support hinge 105 and a second tray support hinge 40 connected to the first rail 28 and second rail 102, respectively, and the first tray 104”).
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Leach (US523709) in view of Hoffman (US3655012).
1. Leach discloses a ladder, comprising: a first assembly including a first pair of rails (5); a second assembly including a second pair of rails (8) pivotally coupled (see hinge at top of 5) with the first pair of rails (5); a pair of posts (7) pivotally coupled with at least the second assembly and forming a pair of hinges (see Figs. 1 and 2) with the second assembly.
Leach fails to disclose wherein each hinge of the pair of hinges includes: a lock pin; a first hinge component including a slotted opening; a second hinge component including a notch; and a displaceable member rotatable about an axis of rotation relative to the slotted opening and relative to the notch; wherein in a first position of the displaceable member relative to the notch, the lock pin extends from the displaceable member through a first portion of the slotted opening and within the notch; and wherein in a second position of the displaceable member relative to the notch, the lock pin extends from the displaceable member through a second portion of the slotted opening and external to the notch.
Hoffman teaches, in the context of hinged ladders, wherein each hinge of a pair of hinges includes: a lock pin (20); a first hinge (26) component including a slotted opening (27); a second hinge component (12) including a notch (13, 14, 15); and a displaceable member (21) rotatable about an axis of rotation relative to the slotted opening (27) and relative to the notch (13, 14, 15); wherein in a first position of the displaceable member relative to the notch, the lock pin (20) extends from (i.e., away) the displaceable member (21) through a first portion (Fig. 1) of the slotted opening (27) and within the notch (13, 14, 15); and wherein in a second position (Fig. 2) of the displaceable member (21) relative to the notch (13, 14, 15), the lock pin extends from (i.e., away) the displaceable member (21) through a second portion of the slotted opening (27) and external to the notch (13, 14, 15).
It 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 to have included wherein each hinge of the pair of hinges includes: a lock pin; a first hinge component including a slotted opening; a second hinge component including a notch; and a displaceable member rotatable about an axis of rotation relative to the slotted opening and relative to the notch; wherein in a first position of the displaceable member relative to the notch, the lock pin extends from the displaceable member through a first portion of the slotted opening and within the notch; and wherein in a second position of the displaceable member relative to the notch, the lock pin extends from the displaceable member through a second portion of the slotted opening and external to the notch in the ladder of Leach according to the teachings of Hoffman in order to provide severable lockable orientations of the posts.
2. Leach in view of Hoffman disclose the ladder of claim 1, further comprising a pivot pin (56’, Figs. 1 and 2) defining the axis of rotation of the displaceable member (21).
3. Leach in view of Hoffman disclose the ladder of claim 1, wherein the displaceable member (21) defines a second slotted opening (note the slotted opening in the middle section of the displaceable member 21) , the lock pin (20) extending through the second slotted opening.
4. Leach in view of Hoffman disclose the ladder of claim 3, wherein the second slotted opening is non-parallel to a longitudinal axis of the slotted opening of the first hinge component (note that the second slotted opening faces the first slotted opening 13, 14, 15 and is thus, transverse and non-parallel to the slotted opening in the first hinge component).
5. Leach in view of Hoffman disclose the ladder of claim 1, wherein the displaceable member is rotatably coupled with the first hinge component (col. 3, lines 22-28: “the drum-enclosed portions of the releasing lever which bear against the stop member and which are resiliently interconnected by means of the spring 59 are provided in the region of their end zone with a journal pin 56', 57' engaging a bore provided at the periphery of the associated disk of the second joint member”) and, in response to rotation of the displaceable member (21) relative to the first hinge component (17), the lock pin (20) moves through to the slotted opening (13, 14, 15).
6. Leach in view of Hoffman disclose the ladder of claim 1, wherein the lock pin (20) is configured to engage an abutment wall of the notch (13, 14, 15 – note that the spring 19 forces the lock pin 20 to the bottom, i.e. the abutment wall of notch 13, 14, or 15) when the displaceable member is in the first position (Fig. 1).
7. Leach discloses a ladder, comprising: a pair of spaced apart rails (1) including a first hinge component (at 8); a set of cross-members (3) coupled to and extending between the pair of spaced apart rails; at least one post member (7) rotatably coupled with the pair of spaced apart rails, the at least one post member including a second hinge component (at 8), the second hinge component being rotatably coupled with the first hinge component. Leach fails to disclose a lock mechanism including a rotatable member, a pivot pin, and a lock pin, wherein the rotatable member and the lock pin are rotatable relative to the second hinge component about an axis of rotation defined through the pivot pin and through the second hinge component, and wherein the lock pin is radially movable relative to the pivot pin. Hoffman teaches, in the context of ladder hinges, a lock mechanism including a rotatable member (21), a pivot pin (56’, Figs. 1 and 2), and a lock pin (20), wherein the rotatable member (21) and the lock pin (20) are rotatable relative to a second hinge component (12) about an axis of rotation defined through the pivot pin (56’) and through the second hinge component (12, note that the axis of the pivot pin intersects the second hinge component), and wherein the lock pin is radially movable relative to the pivot pin (note that the distance between the lock pin and the pivot pin defines a radius, thus, the lock pin is radially movable relative to the pivot pin). It 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 to have included a lock mechanism including a rotatable member, a pivot pin, and a lock pin, wherein the rotatable member and the lock pin are rotatable relative to the second hinge component about an axis of rotation defined through the pivot pin and through the second hinge component, and wherein the lock pin is radially movable relative to the pivot pin in the ladder of Leach according to the teachings of Hoffman in order to provide severable lockable orientations of the posts.
8. Leach in view of Hoffman disclose the ladder of claim 7, wherein the pivot pin (56’) and the lock pin (20) are configured to extend through a notch (13, 14, 15 – also note 60a and 60b) positioned in the first hinge component (24).
9. Leach in view of Hoffman disclose the ladder of claim 8, wherein the pivot pin (56’) and the lock pin (20) are configured to engage respective abutment walls of the notch (note that the lock pin locks the second hinge component when engaged to the respective abutment walls at 13, 14, or 15 of the notch and the pivot pin indexes the rotatable member when engaged to the respective abutment walls at 60a and 60b of the notch).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Moldthan (US20060102425) in view of Bertrand (US1651914)
18. Moldthan fails to disclose the ladder of claim 14, wherein the first pair of rails is movable to a position between the second pair of rails. Bertrand teaches, in the context of stepladders, wherein a first pair of rails (12) is movable to a position between a second pair of rails (1, Fig. 1). It 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 to have included wherein the first pair of rails is movable to a position between the second pair of rails in the ladder of Moldthan according to the teachings of Bertrand in order to provide a ladder that takes up less storage space, see line 74 of Bertrand.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,091,916. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are encompassed by the scope of the claims of the patent. Specifically, both sets of claims recite a pair of hinges each having a lock mechanism having a rotatable member with a pivot pin and lock pin that engages a notch.
Conclusion
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/BAP/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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