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 .
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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).
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 3-10 and 13 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 3-10 and 13, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05. Claims are examined as best understood.
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) 1-15, 19 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE102009000936.
Regarding claim 1, DE102009000936 discloses a stairway for a set of stairs (1, Figs. 1-5), comprising two stringers (2a, 2b; Para [0022])) extending parallel to one another at a distance from one another, and step elements (4) arranged between the stringers and detachably connected to the stringers (2a, 2b), which each form a stepping step and a setting step (thread and riser), wherein the step elements rest on first and second brackets (5a, 5a’, 5b, 5b’; Fis. 1, 2a and 5), which are arranged on mutually facing inner sides of the stringers (Figs. 2a, 2b).
Regarding claim 2, DE102009000936 discloses the first brackets (5a, 5a’, 5b, 5b’; Fis. 1, 2a and 5) are arranged at regular intervals from one another in an upper edge region of the insides of the stringers in the installed position and/or the second brackets are arranged at regular intervals from one another in a lower edge region of the insides of the stringers in the installed position.
Regarding claim 3, DE102009000936 discloses the first brackets (5a, 5a’) each form a supporting surface and at least one contact surface arranged at an angle to the supporting surface (Fig. 2).
Regarding claim 4, DE102009000936 discloses the setting steps of the step elements are angled at their free ends one or more times (Para [0023]).
Regarding claim 5, DE102009000936 discloses the setting steps of the step elements have openings for releasable connection to a further step element located above it in the installed position Para ([0020]).
Regarding claim 6, DE102009000936 discloses wherein the stepping steps of the step elements have at their free ends, lugs for detachable connection to a further step element (Para [0020]- [0021]).
Regarding claim 7, DE102009000936 discloses the second brackets (5, 5b) each form a bearing surface (Figs. 1 and 5).
Regarding claim 8, DE102009000936 discloses the stringers (2a, 2b) each have first and second brackets (5a, 5a’, 5b, 5b’) on the inside and outside (Figs. 1-2a).
Regarding claim 9, DE102009000936 discloses the stringers (2a, 2b) have connecting means (7) in at least one area.
Regarding claim 10, DE102009000936 discloses the step elements are each produced from a metal sheet (Para [0044]). The limitation of the sheet being produced “by punching and bending” is considered a product by process limitation. Therefore, claim 21 is considered a Product-by-Process claim.
Regarding claim 11, DE102009000936 discloses the stepping steps (threads, 4) have a structure (Fig. 1).
Regarding claim 12, DE102009000936 discloses the setting steps each have at least one grip opening (Para [0020]).
Regarding claim 13, DE102009000936 discloses a set of stairs, comprising at least four vertical posts and a stairway (17, Figs. 1 and 3-4, Para [0024])).
Regarding claim 14, DE102009000936 discloses the stringer (2) is releasably connected to the vertical posts (17) by means of connectors (9) which each comprise a wedge.
Regarding claim 15, DE102009000936 discloses horizontal ledgers (3) are arranged between the vertical posts and are releasably connected to the vertical posts via connecting means (9) arranged at the ends, which each comprise a wedge (Fig. 1).
Regarding claim 19, DE102009000936 discloses the set of stairs is a modular set of stairs (Para [0010]).
Regarding claim 21, DE102009000936 discloses a step element (4, Figs. 1 and 5) for a stairway for a set of stairs, the step element comprising a stepping step (thread) having a structure; and a setting step (Riser) arranged at an angle to the stepping step, wherein the stepping step and the setting step enclose an angle which is smaller than 90 degrees to form an undercut; wherein the step element is produced from a metal sheet (Para [0044]). The limitation of the sheet being produced “by punching and bending” is considered a product by process limitation. Therefore, claim 21 is considered a Product-by-Process claim.
Regarding claim 22, DE102009000936 discloses the setting step has at least one grip opening for facilitating handling of the step element (Para [0020]).
Regarding claim 23, DE102009000936 discloses a stairway for a set of stairs (1, Figs. 1-4), comprising two stringers (2a, 2b) extending parallel to one another at a distance from one another, each stringer having first and second brackets (5a, 5a’, 5b, 5b’) on an inside and an outside thereof; and step elements (4) arranged between the stringers and detachably connected to the stringers, which each form a stepping step (Tread) and a setting step (Riser), wherein the step elements rest on the first and second brackets which are arranged on mutually facing inner sides of the stringers; wherein at least one stringer has an extension arm (bottom flange) arranged on an underside of the stringer, the extension arm having a connector element (9, 11) at a free end thereof for releasable connection to a vertical post.
Regarding claim 24, DE102009000936 discloses the connector element at the free end of the extension arm has a reception opening corresponding to a rosette-like connector element for receiving a connector of a horizontal ledger (Para [0034]- [0035]).
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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
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