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 drawings were received on 11/27/25. These drawings are accepted.
However, the drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
144 (par. [0045]). It appears that right instance of reference sign “114” found in fig. 6 should be “144”?
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. 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 14 is objected to because of the following informalities:
With regard to claim 14: The term “cooperable” does not appear to be an defined known word. Examiner suggests amending the claim to replace the term with -- capable of cooperating--.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a sliding assembly in claims 1 and 18; and a locking mechanism in claim 14.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 13 and 17 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.
With regard to claim 13: Lines 2-3 of the claim, it’s unclear if the limitation “a subsequent lower tread” is referencing the previously recited plurality of treads. For the purpose of examination, the limitation is considered to be directed to --a subsequent lower tread of the plurality of treads--.
With regard to claim 17: Line 2 of the claim, it’s unclear if the limitation “a tread” is referencing the previously recited plurality of treads. For the purpose of the examination, the limitation is considered to be directed to --a tread of the plurality of treads--.
Claims 13 and 17 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-11, 14-15 and 18-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lausch et al. (WO 2024/050633 A1).
With regard to claim 1: Lausch et al. discloses a storage step (figs. 1-24) stowable in a pair of storage compartment channels (11, 13), the storage step comprising:
a plurality of treads (35, 37) including a top tread (35) (fig. 24);
a pair of forward stringers (31) pivotally connected to or adjacent forward ends of the treads (35, 37) (figs. 21-24; par. [0063]);
a pair of rearward stringers (59) pivotally connected to or adjacent rearward ends of the treads (35, 37) (figs. 21-24; par. [0067]-[0068]); and
a sliding assembly (33 and A) coupled with the storage step and slidable in the storage compartment channels (11, 13) (figs. 1-2, 6, 11-12 and 19-24).
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Fig. 17: Lausch et al. (WO 2024/050633 A1)
With regard to claim 2: Lausch et al. discloses that the treads (35, 37), the forward stringers (31), and the rearward stringers (59) are displaceable between a deployed position in which the treads (35, 37) are oriented for use and a stowed position in which the treads (35, 37) are pivoted into a common plane (figs. 1-6 and 17-24).
With regard to claim 3: Lausch et al. discloses that in the stowed position, the forward stringers (31) overlay the rearward stringers (59) (fig. 18).
With regard to claim 4: Lausch et al. discloses the sliding assembly (33 and A) comprises end brackets (A) connected to the top tread (35) at one end of the end brackets (65) and sliders (carrier arms 33) connected at an opposite end of the end brackets (65) (fig. 18; par. [0068]).
With regard to claim 5: Lausch et al. discloses that the sliders (33) comprise a tube with an outer perimeter shaped in complement to an inner perimeter of the storage compartment channels (11, 13) (figs. 1-2 and 19-23).
With regard to claim 7: Lausch et al. discloses that the end brackets (A) are interposed between the forward and rearward stringers (31 and 58) and outer edges of the top tread (35) (figs. 19-24).
With regard to claim 8: Lausch et al. discloses that the sliding assembly (33 and A) further comprises a slider hard stop (lock-out latch) fixed on an interior surface of the sliders (33) (figs. 8-12 and 19).
With regard to claim 9: Lausch et al. that the sliding assembly (33 and A) further comprises a cross bar (15 or 17) connected between the sliders (33) when in the stowed position (figs. 1-2).
With regard to claim 10: Lausch et al. discloses at least one of the pair of forward stringers (31) and the pair of rearward stringers (59) comprises feet (B) at distal ends thereof capable of engaging the ground (fig. 23).
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Fig. 23: Lausch et al. (WO 2024/050633 A1)
With regard to claim 11: Lausch et al. discloses that only the pair of forward stringers comprises feet (B) at distal ends thereof capable of engaging the ground (figs. 23-24).
With regard to claim 14: Lausch et al. discloses that the treads (35, 37), the forward stringers (31), and the rearward stringers (59) are displaceable between a deployed position in which the treads (35, 37) are oriented for use and a stowed position in which the treads (35, 37) are pivoted into a common plane, the storage step further comprising a locking mechanism (23, 29, 41, 43) capable of cooperating with at least one of the treads (35, 37) and the forward and rearward stringers (31, 59), the locking mechanism (23, 29, 41, 43) being configured to selectively lock the storage step in the deployed position or the stowed position (figs. 10-12 and 17-24; par. [0062]-[0065]).
With regard to claim 15: Lausch et al. discloses that the locking mechanism (23, 29, 41, 43) comprises a spring-loaded lever (41) engaging a propping bar (lock-out pin 43) and a release lever (latch release handle 29) coupled to the spring-loaded lever (41) (par. [0064]), wherein actuation of the release lever (29) disengages the spring-loaded lever (41) from the propping bar (43) to release the locking mechanism (23, 29, 41, 43) (figs. 10-12 and 17-24; par. [0062]-[0065]).
With regard to claim 18: Lausch et al. discloses a storage step (figs. 1-24) stowable in a pair of storage compartment channels (11, 13), the storage step comprising:
a plurality of treads (35, 37) including a top tread (35) (fig. 24);
a forward stringer (31) pivotally connected to or adjacent forward ends of the treads (35, 37) (figs. 21-24; par. [0063]);
a rearward stringer (59) pivotally connected to or adjacent rearward ends of the treads (35, 37) (figs. 21-24; par. [0067]-[0068]); and
a sliding assembly (33 and pivot brackets 51) coupled with the top tread (35) and slidable in the storage compartment channels (figs. 1-2, 6, 11-12 and 19-24),
wherein the treads (35, 37), the forward stringer (31), and the rearward stringer (59) are displaceable between a deployed position in which the treads are oriented for use and a stowed position in which the treads are pivoted into a common plane, and
wherein the treads (35, 37), the forward stringer (31), and the rearward stringer (59) are displaceable between a storage position in which the treads (35, 37), the forward stringer (31) and the rearward stringer (59) are contained in the storage compartment channels (11, 13) and a use position in which the treads (35, 37), the forward stringer (31) and the rearward stringer (59) are extended out of the storage compartment channels (11, 13) (figs. 1-6 and 17-24).
With regard to claim 19: Lausch et al. discloses that in the use position, the forward and rearward stringers (31 and 59) pivot relative to (at least via pivot brackets 51) the sliding assembly (33 and pivot brackets 51), and the rearward stringer (59) pivots relative to the forward stringer (31), thereby orienting the treads (35, 37) for use (figs. 11-12 and 24).
Claim(s) 6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lausch et al. (WO 2024/050633 A1) in view of Sands, II et al. (US 2022/0314890 A1).
With regard to claim 6: Sands, II et al. does not disclose that the sliding assembly further comprises friction-reducing elements disposed on an exterior of the sliders.
However, Sands, II et al. discloses a storage step having guide surfaces (182) that may be low-friction surfaces or include a low-friction coating (fig. 2; par. [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the storage step of Lausch et al. to have sliding contact surfaces, including the exterior of the sliders, comprise lower-friction surfaces or a low-friction coating such as taught by Sands, II et al. in order to provide ease of deployment and stowing by reducing frictional forces. No new or unpredictable results would be obtained from modifying the stowable step of Lausch et al. to have sliding contact surfaces, including the exterior of the sliders, comprise lower-friction surfaces or a low-friction coating such as taught by Sands, II et al. for reducing frictional forces. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Claim(s) 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lausch et al. (WO 2024/050633 A1) in view of Yoder (US 5,228,707).
With regard to claim 12: Lausch et al. does not disclose a motor coupled with at least one of the pair of forward stringers and the pair of rearward stringers, wherein the motor is configured to displace the pair of forward stringers and the pair of rearward stringers between a storage position in which the treads, the forward stringers and the rearward stringers are contained in the storage compartment channels and a use position in which the treads, the forward stringers and the rearward stringers are extended out of the storage compartment channels, and wherein in the use position, the forward and rearward stringers pivot relative to the sliding assembly by gravity, and the rearward stringers pivot relative to the forward stringers by gravity, thereby orienting the treads for use.
However, Yoder discloses a storage step (11) comprising a drive motor (32) to displace stringers (14) between a storage position and a use (operational) position) (figs. 1-5; col. 2, line 55 – col. 3, line 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the storage step of Lausch et al. to include a motor to displace the stringers between a storage position and a use position such as taught by Yoder in order to provide an automated means of displacing the storage step between the storage position and the use position. Lausch et al. as modified by Yoder would result in the motor being configured to displace the pair of forward stringers and the pair of rearward stringers between a storage position in which the treads, the forward stringers and the rearward stringers are contained in the storage compartment channels and a use position in which the treads, the forward stringers and the rearward stringers are extended out of the storage compartment channels, and wherein in the use position, the forward and rearward stringers pivot relative to the sliding assembly by gravity, and the rearward stringers pivot relative to the forward stringers by gravity, thereby orienting the treads for use.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lausch et al. (WO 2024/050633 A1) in view of Yoder (US 5,228,707) in further view of Rowland et al. (US 8,246,063).
With regard to claim 13: Lausch et al. in view of Yoder does not disclose a linkage plate connected between forward end of the top tread to a back end of a subsequent lower tread of the plurality of treads.
However, Rowland et al. discloses a storage step comprising a linkage plate (60) connected between forward end of the top tread (16) to a back end of a subsequent lower tread (14) of a plurality of treads (12, 14, 16) (fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify he storage step of Lausch et al. previously modified by Yoder to comprise a linkage plate connected between a forward end of the top tread to a back end of a subsequent lower tread of the plurality of treads such a taught by Rowland et al. in order to provide additional strength and rigidity to the storage step when deployed. No new or unpredictable results would be obtained from modifying the storage of Lausch et al. previously modified by Yoder to include a linkage plate between a forward end of the top tread to a back end of the subsequent lower tread of the plurality of treads such a taught by Rowland et al. in order to provide additional strength and rigidity to the storage step when deployed. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Claim(s) 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lausch et al. (WO 2024/050633 A1) in view of May (US 2009/0020360 A1).
With regard to claim 16: Lausch et al. does not disclose that the locking mechanism comprises a detent lever that is displaceable with one of the rearward stringers and engages a detent plate connected to one of the treads, the detent lever engaging teeth of the detent plate to secure the locking mechanism.
However, May discloses a locking mechanism comprises a detent lever (64) that is displaceable with one of the rearward stringers (7) and engages a detent plate (62) connected (at least indirectly) to one of the treads (4), the detent lever (4) engaging teeth of the detent plate (42) to secure the locking mechanism (fig. 6; par. [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the storage step of Lausch et al. to have the locking mechanism comprise a detent lever that is displaceable with one of the rearward stringers and engages a detent plate connected to one of the treads, the detent lever engaging teeth of the detent plate such as taught by May in order to provide means of setting the treads to a desired pitch.
Allowable Subject Matter
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The combination of all the elements of the claimed storage step, in particular the sliding assembly comprises a U-shaped frame (256), and wherein a tread (212) of the plurality of treads below the top tread is fixed in the U- shaped frame, the treads, the forward stringers, and the rearward stringers being displaceable between a deployed position in which the treads are oriented for use and a stowed position in which the treads are pivoted into a common plane, wherein in the deployed position, the top tread is pivoted by the forward stringers and the rearward stringers to a position above the U-shaped frame is not adequately taught or suggested in the cited prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is directed to stair and/or ladder assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633