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 .
Election/Restrictions
Applicant's election with traverse of Species I in the reply filed on 5/21/2026 is acknowledged. The traversal is on the ground(s) that Figures 30B and 30C should also be included in Species I because these figures show different view of the steps shown in Fig. 30A. The examiner agrees and will includes 30B and 30C in Species I
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 44 is 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 44 recites the limitation “a top stepping surface” in line 1-2. This limitation is a double inclusion of the previously present “the top stepping surface” recited in claim 43 lines 1-2.
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) 40-45, 52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reid (US Patent Publication 20210108464 herein after Reid).
Regarding Claim 40, Reid shows an apparatus comprising: a support base (148) coupled to a step (106), wherein the step moves between a stowed vertical position (Fig.1B) that maintains body accessibility to a lavatory fixture (114) and a horizontal use position (Fig.1B), wherein the support base is fixedly coupled to at least one of a floor adjacent the lavatory fixture (Fig.1A), and a foot (108) coupled to the step (Fig.5A).
Regarding Claim 41, Reid shows the apparatus of claim 40 wherein the step rotates upward and downward between the horizontal use and stowed vertical positions (paragraph 12; Figs. 1B).
Regarding Claim 42, Reid shows the apparatus of claim 41, wherein a top stepping surface (106B) of the step is essentially parallel to a floor surface in the horizontal use position (Fig.2).
Regarding Claim 43, Reid shows the apparatus of claim 42, wherein the top stepping surface (106b) of the step in the stowed vertical position is at the stowed vertical position to either a right side adjacent the lavatory fixture (Fig.1B, as shown in this figure the step is located on the right side adjacent the lavatory fixture).
Regarding Claim 44, Reid shows the apparatus of claim 43, wherein the step includes a top stepping surface (106b) movably coupled to the support base (through pivot 140) so that the step moves between the horizontal use position (fig.1B), wherein the top stepping surface is supported above a floor surface (Fig.1B), and the stowed vertical position (Fig.1B), wherein the top stepping surface of the step is raised above the support base (Fig.1B).
Regarding Claim 45, Reid shows the apparatus of claim 40, wherein the support base is coupled to a floor at a right side adjacent the lavatory fixture, lavatory accessory or lavatory counter space (Fig.1B, as shown in this figure the step is located on the right side adjacent the lavatory fixture).
Regarding Claim 52, Reid shows the apparatus of claim 40, further comprising an attachment bracket (146) coupled to the support base and to a floor surface (paragraph 60).
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) 46, 47, and 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reid (US Patent Publication 20210108464 herein after Reid) in view of Plewe (US Patent Publication 20230089420).
Regarding Claim 46, Reid shows the apparatus of claim 40, wherein the support base is coupled at a right side adjacent the lavatory fixture, lavatory accessory or lavatory counter space (Fig 1A). Reid fails to show the base is coupled to a wall. Plewe teaches a stool that can be coupled to a wall (paragraph 36). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a foot that can be coupled to wall in order to be able to mount the stool in various locations.
Regarding Claim 47, Reid shows the apparatus of claim 46, wherein the step rotates upward and downward between the horizontal use and stowed vertical positions (Fig.1B).
Regarding Claim 51, Reid shows the apparatus of claim 40, further comprising an attachment bracket (146) coupled to the support base, but fails to show the support base coupled to a wall that meets a floor surface. Plewe teaches a stool that can be coupled to a wall (paragraph 36). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a foot that can be coupled to wall in order to be able to mount the stool in various locations.
Claim(s) 48-50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reid (US Patent Publication 20210108464 herein after Reid) in view of Guirlinger (US Patent 5,085,290).
Regarding Claim 48, Reid shows the apparatus of claim 40, but fails to show wherein the foot is movably coupled to the step. Guirlinger teaches a stool wherein the foot (42) is movably coupled to the step (37, Fig.1 & 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a foot movabley coupled to the step to allow for the step to be easily stored in any location.
Regarding Claim 49, Reid shows the apparatus of claim 48, but fails to show wherein the foot is foldable toward a bottom surface of the step opposite a top stepping surface. Guirlinger teaches a stool wherein the foot (42) is foldable toward a bottom surface of the step opposite a top stepping surface (Fig.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a foot foldable toward a bottom surface of the step in order to ensure the step could be easily stored in any location.
Regarding Claim 50, Reid shows the apparatus of claim 49, further comprising a link (120) movably coupled to the support base, step and foot (paragraph 44).
Claim(s) 53-54, 56-59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sumpton et al (US Patent Publication 20190075983 herein after Sumpton) in view of Guirlinger (US Patent 5,085,290).
Regarding Claim 53, Sumpton shows An apparatus comprising: a step (10) that moves between a stowed position (Fig.3a) that maintains body accessibility to a lavatory fixture lavatory accessory or lavatory counter space for a user of a wheeled mobility aid (paragraph 8), and a use position (Fig. 3B), wherein the step is fixedly coupled (24) to at least one of a floor adjacent the lavatory fixture, lavatory accessory or lavatory counter space; a cylinder arm (46) coupled to the step. Sumpton fails to show a moveable foot. Guirlinger teaches a stool wherein a movable foot (42) is coupled to the step (37, Fig.1 & 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a movable foot coupled to the step to allow for the step to be easily stored in any location.
Regarding Claim 54, Sumpton shows an apparatus comprising: a step that moves via one or more cylinder arms (46) between a stowed vertical position (Fig. 3a) that maintains body accessibility to a lavatory fixture (12), lavatory accessory or lavatory counter space for a user of a wheeled mobility aid and a horizontal use position (Fig.3b), wherein the step is fixedly coupled to a floor adjacent the lavatory fixture, lavatory accessory or lavatory counter space (Fig.2a).
Regarding Claim 56, Sumpton shows the apparatus of claim 54, wherein the step (10) is coupled to a floor at either a left side adjacent the lavatory fixture (12), lavatory accessory or lavatory counter space (Fig.1A).
Regarding Claim 57, Sumpton shows the apparatus of claim 54, wherein the step (10) is coupled to a floor and to a wall at either a left side adjacent the lavatory fixture (12), lavatory accessory or lavatory counter space (Fig.1A).
Regarding Claim 58, Sumpton shows the apparatus of claim 54, but fails to show a step link coupled to the support base and to a folding foot coupled to the step. Guirlinger teaches a step having a step link (30) coupled to the support base (25) and to a folding foot (42) coupled to the step (37). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a step link in order to ensure the foot extended when the step was in use.
Regarding Claim 59, Sumpton shows the apparatus of claim 58, wherein the step (10) is coupled to at least one of a floor at either a left side adjacent the lavatory fixture (12), lavatory accessory or lavatory counter space (Fig.1A).
Claim(s) 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sumpton et al (US Patent Publication 20190075983 herein after Sumpton) in view of Guirlinger (US Patent 5,085,290) as applied to claim 54 above and further in view of Plewe (US Patent Publication 20230089420). Sumpton shows the apparatus of claim 54, wherein the step (10) is coupled at either a right side adjacent the lavatory fixture, lavatory accessory or lavatory counter space (Fig.1B). Sumpton fails to show the support base coupled to a wall. Plewe teaches a stool that can be coupled to a wall (paragraph 36). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a foot that can be coupled to wall in order to be able to mount the stool in various locations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
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