Notice of Pre-AIA or AIA Status
This is a first office action on application serail number 18/907933 filed 10/07/24. Claims 19-36 are pending. Claims 1-18 have been canceled by preliminary amendment. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The disclosure is objected to because of the following informalities:
The specification uses reference number 13 to identify both an actuator and an extension arm; and
The specification must never refer to claims by number as claim numbers may change or claims may be canceled during prosecution (which has already occurred by preliminary amendment).
Appropriate correction is required.
The drawings filed 70/7/24 are approved.
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 19-36 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.
It is not clear from the description what the active and passive positions are and how they relate to the force for required for lifting the ladder?
It is unclear what the additional drive assembly and hoist mechanism is of claim 29 as the claim already requires the hoist mechanism and electric drive of claim 19.
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.
Claims 19-24 and 29-36, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2012/0005972 to Burke.
Burke provides a hoist mechanism for attic stairs, the hoist mechanism comprising: a load bearing frame 2; a half-frame 3; and an electric drive 48 and actuator 5, wherein: the electric drive is suspended on the half-frame (paragraph [0052]); the half-frame includes a lateral stile 12 and two side stiles 11; the two side stiles are articulably mounted to the load bearing frame (paragraph [0047]); each of the two side stiles includes a lifting system 15/16 for lifting a concertina ladder of the attic stairs 4; and as best understood, the lifting system is configured to, during operation of the hoist mechanism, assume a passive position and an active position.
With respect to claim 20, as best understood the force required to for lifting is greater than zeros in an active or unfolded state due to the weight of the ladder assembly and no force would be required to lift in the closed or passive state as it is already closed.
With respect to claim 21, 15/16 are lifting arms.
With respect to claims 22-24, see sections 11/40 and pivot pin 44 or “spigot” as described in paragraphs [0051-0054].
With respect to claim 29, see box 2, hatch 14, ladder 4.
With respect to claims 29-31, see cable 49 and eye 50 as discussed in paragraph [0052].
With respect to claims 32, see geared motor 48 (paragraph [0052]) and remote controller as discussed in paragpgh [0053].
With respect to claim 31, see upper ladder part or “base” 30, upper brackets 22, lower brackets 45.
With respect to claim 34, see paragraph [0045] which recites the box 2 is mounted to rafters which are considered load bearing beams.
As best understood, the stairs operate as called for in claims 35-36.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note:
U.S. Patent 12,624,591 to Kaczmarski et al. appears to qualify as prior art under 35 USC 102(a)(2) as it has an earlier effective filing date than the instant application. Kaczmarski makes no mention of active or passive positions nor forces required in such positions and as the positions are not clear in the instant application it is not readily apparent if the positions and forces are inherent in Kaczmarski as Kaczmarski appears to provide all of the structure required of claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/ Primary Examiner, Art Unit 3636
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