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 .
Claim Objections
Claims 15, 16 objected to because of the following informalities: Missing proper functional use language such as ‘configured to’. Each claim appears clear via the fact that it is an apparatus claim and that this is meant to be functional/intended use language, but as written this is an improper hybrid claim of a method step “is rotated” in an apparatus claim. Therefore, the claim should be amended to properly recite the intended/functional use language with ‘configured to’ or the like’. Appropriate correction is required.
Claim 17 objected to because of the following informalities: Missing proper transitional phrase like… --using a utility tool, the method comprising:--. Appropriate correction is required.
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 10 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 10 recites the limitation "the second step platform" in the first line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Babkes et al. (US Pub. App. 20050087943).
Re Claim 1, Babkes discloses a utility tool (10) having at least a stowed position (Fig. 1), a ladder position (Fig. 5), and a cart position (Fig. 7), the utility tool comprising: a first cart support member (12 and 14 forming an A-frame on one side closest to the reader in Fig. 1); a second cart support member (the members 12 and 14 furthest in the view of Fig. 1) opposite the first cart support member; a first step platform (54) spanning between the first cart support member and the second cart support member, the first step platform rotatable from the stowed position to the ladder position; a first ladder support member (14 closest in Fig. 1); a second ladder support member (14 furthest in Fig. 1) opposite the first ladder support member; and a storage platform (32) spanning between the first ladder support member and the second ladder support member, the storage platform pivotable from the stowed position to the cart position.
Re Claim 2, Babkes discloses the utility tool of claim 1, wherein the first cart support member has a hinged connection (either of the two pairs of 16 with 18) with the first ladder support member (please see Figures 1 and 9C).
Re Claim 3, Babkes discloses the utility tool of claim 1, wherein the first cart support member has a channel (the gap/groove/furrow between the 12, 14 of one side) for (intended use) receiving a first adjustable member and the second cart support member has a channel (the gap/groove/furrow between the other 12, 14 on the other side) for (intended use) receiving a second adjustable member, (The following is interpreted as further describing elements not required due to intended use language (“for”).) the first adjustable member and the second adjustable member being movable vertically within the channels from a first position to a second position.
Re Claim 4, Babkes discloses the utility tool of claim 3, (31 is the first step platform for this alternative interpretation of Claims 1 and, subsequently, 4.) further comprising a handle (54 or 24, Fig. 2A) spanning between the first adjustable member (62; Said element is understood as adjustable because it comprises a spring clip.) and the second adjustable member (64), the handle connected to the first adjustable member and the second adjustable member (Fig. 3).
Re Claim 5, Babkes discloses the utility tool of claim 3, further comprising a spring rod (any of 50, 120, or 122; this element is being interpreted as a rod as “spring” is not positively recited and serves merely as a descriptor. Note that a television remote merely needs to be able to be used with a TV and does not comprise a TV in the same manner that a spring rod can be a rod that is merely able to be used with a spring such that any spring is capable of being attached thereto if desired.) removably connected ([0068]) to the first adjustable member (the leftmost 124; Fig. 8A; [0069]) and the second adjustable member (the rightmost 124).
Re Claim 6, Babkes discloses the utility tool of claim 1, further comprising a wheel (40 or 42) mounted to the first cart support member.
Re Claim 7, Babkes discloses the utility tool of claim 5, further comprising a footing (30 or 31) on the first cart support member.
Re Claim 8, Babkes discloses the utility tool of claim 1, further comprising a footing (30 or 31) on the first ladder support member.
Re Claim 9, Babkes discloses the utility tool of claim 1, further comprising a second step platform (30 or 31) spanning between the first cart support member and the second cart support member, the second step platform rotatable from the stowed position to the ladder position ([0057]).
Re Claim 10, Babkes discloses the utility tool of claim 8, wherein the second step platform (30 or 31; lack of antecedent basis) is mounted to the first cart support member and the second cart support member between the first step platform and the storage platform (Fig. 1).
Re Claim 11, Babkes discloses the utility tool of claim 1, further comprising a strut (50 or 26 or 27) spanning between the first cart support member and the second cart support member.
Re Claim 12, Babkes discloses the utility tool of claim 1, further comprising a strut (26, 27, or 50) spanning between the first ladder support member and the second ladder support member.
Re Claim 13, Babkes discloses the utility tool of claim 1, wherein in the stowed position, the first cart support member and the second cart support member are parallel to the first ladder support member and the second ladder support member (see Fig. 1), the first step platform is parallel to the first cart support member and the second cart support member (disclosed as best understood by Fig. 2B, as a non-limiting example), and the storage platform is parallel to the first cart support member, the second cart support member, and the first step platform (see Figs. 1 and 2.).
Re Claim 14, Babkes discloses the utility tool of claim 13, wherein in the ladder position, the first cart support member is at an angle relative to the first ladder support member (Fig. 5), the first step platform is parallel to the first cart support member (Fig. 5), and the storage platform is parallel to the first ladder support member.
Re Claim 15, Babkes discloses the utility tool of claim 13, the first cart support member is parallel to the first ladder support member (Fig. 5), the storage platform is rotated in a first direction (counterclockwise) from the stowed position to the cart position (Fig. 7).
Re Claim 16, Babkes discloses the utility tool of claim 15, further comprising a lock bar (52), wherein the lock bar is rotated from the stowed position in a second direction (counterclockwise) opposite the first direction (clockwise) and over (interpreted as “being physically above”) the storage platform (Fig. 7, [0068]) to the cart position.
Re Claim 17, Babkes discloses a method of using a utility tool (10) providing the utility tool in a stowed position (Fig. 1), the utility tool comprising a first cart support member (the 14 closest to viewer in Fig. 1), a second cart support member (the 14 furthest in Fig. 1) opposite the first cart support member, a first step platform (30) spanning between the first cart support member and the second cart support member, a first ladder support member (70) ; a second ladder support member (70; [0062, 0065]) opposite the first ladder support member; and a storage platform (54 or 150) spanning between the first ladder support member and the second ladder support member; and manipulating the utility tool from the stowed position into one of a ladder position (Fig. 5) and a cart position (Fig. 7), wherein the first step platform is rotatable from the stowed position to the ladder position ([0057]) and the storage platform is rotatable from the stowed position to the cart position ([0059-61], [0065], and [0097]; [0089], respectively).
Re Claim 18, Babkes discloses the method of claim 17, wherein in the ladder position, the first cart support member is at an angle relative to the first ladder support member (understood by Fig. 5), and the first step platform is rotated from the stowed position to the ladder position (see Figs. 5, 6, and 9, as non-limiting examples).
Re Claim 19, Babkes discloses the method of claim 17, wherein in the cart position, the first cart support member is parallel to the first ladder support member (Said utility tool can be on an incline sufficient to align both via gravity or by the manipulation of a user to a set position, regardless of whether in the cart position or not.), and the storage platform is rotated in a first direction (counterclockwise) from the stowed position to the cart position.
Re Claim 20, Babkes discloses the method of claim 19, further comprising a lock bar (52), wherein to manipulate the utility tool from the stowed position to the cart position, the lock bar is rotated from the stowed position in a second direction (counterclockwise) opposite the first direction (clockwise) and over (interpreted as “being physically above”) the storage platform ([0068]).
Conclusion
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/R.O.P./Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
