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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “tray” of claim 9 and the “platform” of claims 10-15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. See corresponding 112(a) rejections below.
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.
Specification
The disclosure is objected to because of the following informalities:
It appears reference numerals 462 and 464 in [00218] and [00224] should be 472 and 474 instead.
Examiner asks applicant to thoroughly review the entire specification for other similar errors.
Appropriate correction is required.
Claim Objections
Claim 15 objected to because of the following informalities: it appears “the tray” in line 2 is referring back to “the platform” in line 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Examiner does not see where the original disclosure, including parent applications from which this application depends, there is disclosed a tray (claim 9) extending from, or a platform (claim 10) directly coupled with, the top cap.
If the applicant is referring to the second body portion 460, including protruding bodies 470, which may be configured as containers ([00225]), then it is recommended that the claims stick with language used in the specification to describe these parts. As 460 and 470 are not disclosed as a tray or a platform, such terms should be avoided as they are not inherently the same as a container and create new matter.
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) 1-12 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pierce (US 2,639,853).
Pierce discloses:
1. A ladder (figure 4), comprising:
a first assembly (25; figure 4) comprising:
a first pair of rails (27, 27, figure 4);
a plurality of rungs (28) extending between and coupled to the first pair of rails (figure 4); and
a top cap (38, 40, figure 4) coupled with the first pair of rails and having a rear side from which a pair of protrusions (33, 33) extend (figure 20);
wherein the pair of protrusions (33, 33) at least partially define a pair of channels (34, 34); and
wherein the pair of protrusions (33, 33) is inwardly offset from an overall width of the top cap (33 is mounted under lip 39 of 40, figures 5 and 7); and
a second assembly (26, figure 4) comprising:
a second pair of rails (50, 50) pivotally coupled with the first pair of rails by a pair of hinges (ends of hinge rod 51), wherein the second pair of rails is rotatable relative to the first pair of rails about the pair of hinges between a first position (figure 18), a second position (figure 20), and a third position (figure 5);
wherein, when the second pair of rails is in the third position (figure 7), the second pair of rails is positioned within the pair of channels (as hinge rod 51 is part of the second pair of rails and the ends of 51 are positioned in channels 34 in the third position).
2. The ladder of claim 1, wherein: each protrusion of the pair of protrusions (33, 33) includes a laterally inward-facing surface (surface that faces the other protrusion) and a laterally outward-facing surface (surfaces that faces away from the ladder), wherein the laterally outward-facing surfaces of the pair of protrusions are laterally inwardly offset from the overall width of the top cap (as 33 is mounted inward from outer edge 39 of top cap 38);
top surfaces of the pair of protrusions (33, 33) slope downward from an upper surface of the top cap (slope best seen in figure 19); and a central portion (40) of the top cap extends further rearward from the rear side than the pair of protrusions (figure 7).
3. The ladder of claim 1, wherein the first pair of rails (27, 27) has a first overall width at the top cap (figure 2) and the second pair of rails (50, 50) has a second overall width (figure 2), wherein the first overall width is greater than the second overall width (figure 2).
4. The ladder of claim 1, wherein the pair of channels (34, 34) is recessed into the rear side of the top cap (as the protrusions 33, 33 are part of the top cap; figure 19).
5. The ladder of claim 1, wherein the top cap (39, 40) is supportable against a pair of vertical surfaces forming a 90-degree inside corner with the pair of protrusions spaced out of contact with the pair of vertical surfaces (when 40 is in position of figure 1 ladder is supportable against a pair of vertical surfaces forming a 90-degree inside corner)
6. The ladder of claim 5, wherein the top cap includes two 90-degree angled engagement surfaces (corners of 41, figures 5, 7) configured to provide support for the top cap against the pair of vertical surfaces while the pair of protrusions is spaced out of contact with the pair of vertical surfaces (when 40 is in position of figure 1, the corners of 41 would be supportable against a pair of vertical surfaces forming a 90-degree inside corner).
7. The ladder of claim 1, wherein a central portion (40) of the rear side of the top cap protrudes further rearward from the top cap than the pair of protrusions (figures 1 and 7).
8. The ladder of claim 1, wherein each protrusion of the pair of protrusions includes a laterally inward-facing surface (surface of 33 that faces other 33) and a laterally outward-facing surface (surface of 33 that faces away from the ladder), wherein the laterally outward-facing surfaces of the pair of protrusions are laterally inwardly offset from the overall width of the top cap (as 33 is mounted under lip 39 of top cap portion 38).
9. The ladder of claim 1, further comprising a tray (in this case only section 38 is considered the top cap for claim 1 and section 40 is the tray) extending from the top cap and positioned between the pair of channels (section 40 includes 46, 48 which are positioned between channels 34).
10. A ladder (figure 4), comprising:
a first pair of rails (27, 27, figure 4);
a plurality of rungs (28) extending between and coupled to the first pair of rails (figure 4);
a top cap (33, 38, figure 4) coupled with the first pair of rails and defining a pair of channels (34, 34; figure 19);
a platform (40, figure 20) directly coupled with the top cap (@44, figure 20), extending rearwardly from the top cap (figure 20), and positioned between the pair of channels (section 40 includes 46, 48 which are positioned between channels 34); and
a second pair of rails (50, figure 4) pivotally coupled with the first pair of rails and movable relative to the first pair of rails between a first position (figure 19) and a second position (figure 7);
wherein when in the first position (figure 19), the second pair of rails is positioned external to the pair of channels (figure 19); and
wherein when in the second position (figure 7), the second pair of rails is nested within the pair of channels (as 51 is part of rails 50).
11. The ladder of claim 10, wherein the platform (40) is rotatable relative to the top cap while coupled to the top cap (figure 1 vs figure 20).
12. The ladder of claim 10, wherein the platform (40) is positionable between the second pair of rails (50, 50) when the second pair of rails is in the second position (figure 7; note at least 46 and 48 are positioned between the rails).
14. The ladder of claim 10, wherein the platform (40) includes a pair of angled surfaces (corners of 41) configured to engage two vertical walls of a 90-degree inside corner (when platform 40 is in position of figure 1, the corners of 41 would be supportable against a pair of vertical surfaces forming a 90-degree inside corner).
15. The ladder of claim 10, wherein the platform is movable relative to the top cap to a storage position (figure 20), wherein the tray [platform] is below the top cap and coupled with the ladder while in the storage position (figure 20).
16. A ladder (figure 4), comprising:
a first pair of rails (27, 27, figure 4);
a plurality of rungs (28) extending between and coupled to the first pair of rails (figure 4), and
a top cap (33, 38, 40; figure 4) including an upper surface (42, figure 4), a first rearward-facing surface (top sloped edge of 33), and a second rearward-facing surface (top sloped edge of other 33), wherein the first and second rearward-facing surfaces are non-perpendicularly angled relative to the upper surface (figure 19), and wherein the top cap defines a pair of channels (34, 34) positioned between the first and second rearward-facing surfaces (figure 19); and
a second pair of rails (50, 50, figure 4) rotatably coupled with the first pair of rails (figure 1 vs figure 4), wherein the second pair of rails is at least rotatable relative to the first pair of rails between a first position (figure 19) and a second position (figure 4);
wherein, when the second pair of rails is in the first position (figure 19), the second pair of rails is parallel to the first pair of rails and is external to the pair of channels (figure 19); and
wherein, when the second pair of rails is in the second position (figure 4), the second pair of rails is positioned within the pair of channels (51 sits within channels 34) and laterally between the first rearward-facing surface and the second rearward-facing surface (figures 4 and 7).
17. The ladder of claim 16, wherein the upper surface (42) is usable as a standing surface of the ladder (42 is disclosed tread of top step);.
18. The ladder of claim 16, wherein the first and second rearward-facing surfaces are positioned on a pair of protrusions (33, 33) rearwardly-extending from the top cap (figure 20).
19. The ladder of claim 16, wherein the first and second rearward-facing surfaces each slope in a rearward direction downward and away from the upper surface (figure 19, see top sloped edges of 33 extending down and away from 40, 42).
20. The ladder of claim 16, wherein, when the second pair of rails is in the first position (figure 19), the top cap is supportable against a vertical wall (when 40, 42a rests against a vertical surface; example configuration below) and the first and second rearward-facing surfaces (top sloped edges of 33) are configured to be spaced out of contact with the vertical wall (see below).
PNG
media_image1.png
730
389
media_image1.png
Greyscale
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pierce as applied to claim 10 above, and further in view of Katz (US 6,443,260).
Pierce does not disclose wherein the platform defines a hollow internal space opening upward from the platform.
However, Katz teaches: wherein the platform (34, figure 1) defines a hollow internal space (bound by walls 104, 106, 108, 110) opening upward from the platform (opening upward from platform base 102; figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the platform of Pierce to define a hollow internal space, opening upward from the platform, as taught by Katz, so as to provide a more versatile platform available for conveniently storing tools or other articles a user may need while performing a task (col. 2, lines 12-17).
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
