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
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 10-16 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 10 recites the limitation "first wide rung" in line 17. There is insufficient antecedent basis for this limitation in the claim. Claim 12 also repeats reference to “the first wide rung”
The specification discloses both a standard rung and as well a “wide rung”. It is unclear if applicant intends to claim a standard rung as well as at least one wide rung in claim 10.
Dependent claims are rejected for being dependent upon a rejected claim.
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.
Claim(s) 10 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon (KR 200172233). Kwon discloses:
10. A ladder (figure 4) comprising:
a first rail (LH 20);
a second rail (RH 20);
a rung (30) disposed between the first rail and the second rail (figure 4), the rung including:
a tread portion (34, figure 2) having a first edge (front edge of rung) and a second edge (rear edge of rung) that extend between the first rail and the second rail along a length of the rung (figure 2);
a first planar wall (see below) extending from the tread portion, the first planar wall disposed adjacent to the first edge (see below);
a second planar wall (see below) extending from the tread portion, the second planar wall disposed adjacent to the second edge (see below);
a third planar wall (see below) extending from the first planar wall toward a third edge of the rung (see below), and
a fourth planar wall extending from the second planar wall toward the third edge of the rung (see below),
the tread portion (34), the first planar wall, the second planar wall, the third planar wall, and the fourth planar wall (see below) defining a cavity (figure 2), at least one arcuate slot (32) protruding from an interior surface of first wide rung and extending through the cavity along the length of the rung (figure 2);
wherein the at least one arcuate slot (32, figure 2) includes a first arcuate slot (upper 32) disposed adjacent to the first edge and a second arcuate slot (lower 32) disposed adjacent to the second edge and extending through the cavity along the length of the rung (figure 2).
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16. The ladder of claim 10, further comprising fasteners (22, figure 3) that extend through first rail into at least a portion of the first arcuate slot and the second arcuate slot (figure 3) and fasteners (22) that extend through the second rail and into at least a portion of the first arcuate slot and the second arcuate slot (figure 1)
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) 1-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rich (US 3,022,857) in view of Gubler (CH 683445).
Re: claims 1-9
Rich discloses
1. A ladder (figure 1) comprising:
a first rail (2, figure 1);
a second rail (3, figure 1);
a rung (18) disposed between the first rail and the second rail (figure 1), the rung (18) having a cavity bounded at least in part by an interior surface of the rung (cavity defined by 19-21, figure 3, see below), the rung including:
a first portion (19, figure 3) forming a standing surface, the first portion (19) having a first edge (front edge of 19, see below) and a second edge (rear edge of 19, see below) opposite and spaced from the first edge (figures 2-3);
a second portion (20, 21, figure 3) coupled to the first portion (19) to define the cavity (figure 3), the second portion including a first planar wall (20, figure 3) depending from the first portion (19) adjacent to the first edge (front edge of 19), a second planar wall (21, figure 3) depending from the first portion adjacent to the second edge (rear edge of 19),;
a first arcuate slot (formed by 23, 24; figure 3) disposed on the interior surface of the rung (figure 3), the first arcuate slot positioned adjacent to the first edge (front edge of 19); and
a second arcuate slot (formed by 26, 28) disposed on the interior surface of the rung, the first arcuate slot positioned adjacent to the second edge (rear edge of 19).
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Rich does not disclose a third planar wall extending from the first planar wall toward the third edge, and a fourth planar wall extending from the second planar wall toward the third edge, wherein the third edge is disposed opposite the standing surface.
However, Gubler teaches: a third planar wall extending from the first planar wall toward the third edge (see below), and a fourth planar wall extending from the second planar wall toward the third edge (see below), wherein the third edge is disposed opposite the standing surface (see below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rung of Rich with a third planar wall extending from the first planar wall toward the third edge, and a fourth planar wall extending from the second planar wall toward the third edge, wherein the third edge is disposed opposite the standing surface, as taught by Gubler, so as to provide additional rigidity and strength to the rung while also protecting underside and cavity of the rung from dirt, debris and harsh weather that could lead to a shorter lifespan of the rung and/or fasteners connected thereto.
Rich further discloses:
2. The ladder of claim 1, wherein the first planar wall is disposed at an acute angle relative to the first portion (as naming of the first and second edges and walls is arbitrary one can call switch the name assignments given- making 20 the second wall and 21 the first wall-, and as seen below wall 21 is disposed at an acute angle relative to the first portion 19).
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3. The ladder of claim 1, wherein the second planar wall (21, as identified in claim 1 rejection and inserted below) is disposed at an acute angle relative to the first portion (19, see below).
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4. The ladder of claim 1, wherein the rung (18) has a length that extends between the first rail and the second rail (figure 1), and wherein the first edge, the second edge, and the third edge extend along the length of the rung (figures 1-2).
5. The ladder of claim 4, wherein the first arcuate slot and the second arcuate slot extend along the length of the rung (figures 2-3).
9. The ladder of claim 1, wherein an opening of the first arcuate slot faces the cavity and wherein an opening of the second arcuate slot faces the cavity (see annotated figure 3 above).
Re: claims 6-8, Rich in view of Gubler, as applied to claim 1, would result in a rung construction having: an arcuate slot (lower slot 16, figure 4, Gubler) positioned adjacent to the third edge of the rung (third edge identified in annotated Gubler fig 4 above), wherein an opening of the third arcuate slot (lower slot 16, figure 4, Gubler) faces the cavity (figure 4, Gubler).
Re: claims 10-15
Rich discloses:
10. A ladder (figure 1) comprising:
first rail (2, figure 1);
a second rail (3, figure 1);
a rung (18) disposed between the first rail and the second rail (figure 1), the rung including:
a tread portion (19) having a first edge and a second edge (see below) that extend between the first rail and the second rail along a length of the rung (figure 1);
a first planar wall (20) extending from the tread portion, the first planar wall disposed adjacent to the first edge (see below);
a second planar wall (21) extending from the tread portion, the second planar wall disposed adjacent to the second edge (see below);
the tread portion (19), the first planar wall (20) and the second planar wall (21) defining a cavity (see below), at least one arcuate slot protruding from an interior surface of first wide rung (figure 3) and extending through the cavity along the length of the rung (figures 2-3); wherein the at least one arcuate slot includes a first arcuate slot disposed adjacent to the first edge (see below) and a second arcuate slot disposed adjacent to the second edge (see below) and extending through the cavity along the length of the rung (figures 2-3).
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Rich does not disclose: a third planar wall extending from the first planar wall toward a third edge of the rung, a fourth planar wall extending from the second planar wall toward the third edge of the rung, and the third planar wall and the fourth planar wall defining a cavity with the first and second planar walls and first portion.
However, Gubler teaches:
a third planar wall extending from the first planar wall toward a third edge of the rung (see below), a fourth planar wall extending from the second planar wall toward the third edge of the rung (see below), and the third planar wall and the fourth planar wall defining a cavity with the first and second planar walls and first portion (see below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rung of Rich with a third planar wall extending from the first planar wall toward the third edge, and a fourth planar wall extending from the second planar wall toward the third edge, the walls collectively forming the cavity, as taught by Gubler, so as to provide additional rigidity and strength to the rung while also protecting underside and cavity of the rung from dirt, debris and harsh weather that could lead to a shorter lifespan of the rung and/or fasteners connected thereto.
11. The ladder of claim 10, wherein the rung further includes a third arcuate slot disposed adjacent to the third edge of the rung (lower slot 16 of Gubler; a result of the modified rung construction Rich in view of Gubler).
12. The ladder of claim 11, wherein the third arcuate slot (lower slot 16, Gubler) extends through the cavity along the length of the first wide rung (figure 5 Gubler).
13. The ladder of claim 11, wherein the third arcuate slot (lower slot 16 Gubler) is disposed along the third edge of the rung (a result of the modified rung construction Rich in view of Gubler).
14. The ladder of claim 10, wherein the first arcuate slot is disposed along the first edge of the rung (see annotated fig 3 of Rich in claim 10 above)
15. The ladder of claim 10, wherein the third planar wall and the fourth planar wall join to form the third edge of the rung (Gubler fig 4).
Re: claims 17-20
Rich discloses:
17. A rung (18, figure 1) for a ladder (figure 1), the rung having a cavity bounded at least in part by an interior surface of the rung (see below), the rung comprising:
a first portion (19) forming a standing surface (figure 1), the first portion having a first edge and a second edge opposite and spaced from the first edge (see below);
a second portion (20, 21) coupled to the first portion to define the cavity (see below), the second portion including a first planar wall (20) depending from the first portion adjacent to the first edge (figure 3), a second planar wall (21) depending from the first portion adjacent to the second edge (figure 3),
a first arcuate slot disposed on the interior surface of the rung (see below), the first arcuate slot positioned adjacent to the first edge (see below); and
a second arcuate slot disposed on the interior surface of the rung (see below), the first arcuate slot positioned adjacent to the second edge (see below).
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Rich does not disclose: the second portion having a third edge disposed opposite the standing surface, a third planar wall extending from the first planar wall toward the third edge, and a fourth planar wall extending from the second planar wall toward the third edge; and a third arcuate slot disposed adjacent to the third edge of the rung.
However, Gubler teaches:
the second portion having a third edge disposed opposite the standing surface (see below), a third planar wall extending from the first planar wall toward the third edge (see below), and a fourth planar wall extending from the second planar wall toward the third edge (see below); and an arcuate slot (lower slot 16) disposed adjacent to the third edge of the rung (see below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rung of Rich with a third planar wall extending from the first planar wall toward the third edge, and a fourth planar wall extending from the second planar wall toward the third edge, wherein the third edge is disposed opposite the standing surface, and an arcuate slot positioned adjacent the third edge, as taught by Gubler, so as to provide additional rigidity and strength to the rung while also protecting underside and cavity of the rung from dirt, debris and harsh weather that could lead to a shorter lifespan of the rung and/or fasteners connected thereto.
18. The rung of claim 17, wherein the first arcuate slot (formed by 23, 24, Rich fig 3), the second arcuate slot (formed by 26,28, Rich fig 3), and the third arcuate slot (lower slot 16 of Gubler) have a generally C-shaped cross section when viewed from an end of the rung (Rich fig 4, Gubler fig 4).
19. The rung of claim 17, wherein an opening of the third arcuate slot faces the cavity of the rung (Gubler, figure 4).
Regarding claim 20, Rich only discloses one of the first and second planar walls (second wall 21) being disposed at an acute angle relative to the first portion of the rung (figure 3). However, the angle of the walls is merely design choice, and would not change the function of the rung if they were modified without departing from the scope of the invention. For example, if wall 20 was disposed at an acute angle relative the first portion it would still provide a turned down edge of the tread portion and coverage of the tie rods beneath the first portion. See MPEP 2144.04 B. Changes in Shape.
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.
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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
