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 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.
Claim(s) 11, 13, and 18 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Rogachenko (US Patent No. 11673629).
Regarding claim 11, Rogachenko teaches a retractable step system for a boat, comprising: a slide track assembly having a pair of slide tracks (Figures 1-4); a fold-down step assembly slidably coupled to the slide track assembly (Figures 1-4), wherein the fold-down step assembly comprises: a stowaway handle configured to engage with a pair of holders within the slide track assembly to secure the fold-down step assembly in a stowed position (Figures 1-4, elements 130, 132, and 140; a stowaway assist handle attached to the stowaway handle ( Figures 1-4, element 126 attached to stowaway handle via telescopic rails), wherein the stowaway assist handle assists in both folding the fold-down step assembly from a deployed position to a stowed position and unfolding the fold-down step assembly from the stowed position to the deployed position (Figures 1-4 inasmuch as applicant has claimed); wherein the fold-down step assembly is configured to move between a stowed position within the slide track assembly and an extended position where the fold-down step assembly is deployed for use (Figures 1-4).
Regarding claim 13, Rogachenko teaches the invention in claim 11, wherein the stowaway assist handle is constructed from corrosion-resistant materials selected from the group consisting of marine-grade stainless steel, aluminum, or composite materials (Col. 3, line 63- Col. 4, line 22).
Regarding claim 18, Rogachenko teaches the invention in claim 11, wherein the height of the slide track assembly and fold-down step assembly in the stowed position is less than 10 inches, allowing for a low-profile installation beneath a pontoon boat dock or similar structure ( See Figure 1: Width of rungs is between 0.4 to 0.5 meters per Col. 5, lines 35-46. Approximately half of the width of the rung would be ~9.8 inches (.25 meters). Handle 126 is approximately the same height as the slide track assembly per Figure 4. Handle 126 is substantially smaller in height than ½ the width of the rungs (.25m) per Figure 1, thereby satisfying the limitation).
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) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Rogachenko (US Patent No. 11673629).
Regarding claim 14, Rogachenko teaches the invention in claim 11, but fails to specifically teach wherein the slide tracks are C-channels that receive slides attached to the fold-down step assembly, allowing the fold-down step assembly to slide between the stowed and extended positions. However, Rogachenko teaches the use of slide tracks allowing the fold-down step assembly to slide between stowed and extended positions (Figures 1-4). Examiner takes official notice that linear slide assemblies are well known in the art to comprise C-channels that receives slides (see Wikipedia-Drawer for extrinsic supporting evidence). It would have been obvious to one of ordinary skill in the art prior to the effective filing date to specify that Rogachenko’s slide assembly comprised c-channels, in order to efficiently position and maintain positive control over the linearly moving slides.
Allowable Subject Matter
Claims 1-10 are allowed.
Claims 12 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Dougherty (US 20200385089 A1)- Teaches an analogous marine retractable step system comprising a pair of slide tracks, a pair of holders, and a fold-down step assembly, a pivoting slide frame that may be extended and stowed.
Mardikian (US Patent No. 5427049)- Teaches an analogous marine retractable step system comprising a pair of slide tracks, a pair of holders, and a fold-down step assembly, a pivoting slide frame that may be extended and stowed.
Schmitt et al (US Patent No. 7182175)- Teaches an analogous marine retractable step system comprising a pair of slide tracks, a fold-down step assembly, and a pivoting slide frame that may be extended and stowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MICHAEL HESTON whose telephone number is (571)272-3099. The examiner can normally be reached Mondays and Wednesdays: 0500-1300, Tuesdays 0500-1400, Thursdays and Fridays by appointment only..
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, Timothy D Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN MICHAEL HESTON/Examiner, Art Unit 3644
Prosecution Insights