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 § 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 3-8, 24 and 25 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.
Claim 3 recites the limitation "the second rail portion" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the first plurality of rungs" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is noted that claim 1 recites “a plurality of rungs” (line 4), not a “first plurality of rungs” and another plurality of rungs was not disclosed in the claim.
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) 1, 10, 11, 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Straw (US 3,059,721 A).
Claim 1: Straw discloses a ladder for mounting to a structure (2, 4), the ladder comprising: a first side rail and a second side rail extending in a first direction (vertical part of ladder 54, as seen in FIG. 1), wherein the first side rail and the second side rail are parallel (FIG. 2); a plurality of rungs (part of ladder 54, seen in FIG. 2), each of the plurality of rungs extending between the first side rail and the second side rail (FIG. 2); an arm (58) extending in a second direction (horizontally, as seen in FIG. 2), wherein when the ladder is mounted to a structure, the arm is configured to abut a surface of the structure and maintain a predetermined distance between the plurality of rungs and the structure (FIG. 1); a leg (66) configured to extend proximate to an opposing surface of the structure when the ladder is mounted to the structure (as seen in FIG. 1), the leg configured to hinder movement of the plurality of rungs in the second direction; and an adjustment assembly (comprised of holes 68 and bolts; col. 2, lines 18-22) configured to be operated to secure the ladder to the structure. It is noted that while, ladder is shown on an exterior surface of a building, the ladder is capable of being on an interior/inside surface/wall depending on what the ladder is being used for.
Claim 10: Straw discloses the adjustment assembly as being configured to be operated from the outside surface of the structure to secure the ladder to the structure (the side where the leg is located).
Claim 11: Straw discloses the leg as being adjusted to abut the structure when the adjustment assembly is operated (as evidenced by FIG. 1).
Claim 18: Straw discloses the second direction as being substantially orthogonal to the first direction (as seen in FIG. 2).
Claim 19: Straw discloses the leg as being configured to extend in the first direction proximate to the other surface of the structure when the ladder is mounted to the structure. As noted above, this can be an outer or inner surface.
Claim 20: Straw discloses each of the plurality of rungs defines opposed ends that are connected to respective side rails (as seen in FIG. 2).
Claim 21: Straw discloses the predetermined distance is measured between a respective rear surface of each of the plurality of rungs and an inside surface of the structure (as seen in FIG. 1, 58 extends between the ladder 54 and the wall 2).
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) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straw (US 3,059,721 A) alone.
Straw is discussed above but lacks the wall specifically being a wall of a trench shoring system. However, the structure of the ladder taught by Straw is capable of being attached to any vertical wall and therefore it would be obvious to attach the ladder to a trench shoring wall if needed.
Claim(s) 3, 6, 8, 22, 24 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Straw (US 3,059,721 A) as applied to claim 2 above, and further in view of Couch (US 6,907,957 B1).
Claims 3, 6, 8 and 24: Straw is discussed and teaches rail portions (60), which comprise slots 68 that pass completely therethrough, but lacks a platform having an upper surface a user can stand on. Couch teaches a ladder comprising: first and second side rails (15A, 15B) extending in a first direction; a plurality of rungs (18); an arm (30, 36) extending in a second direction; a leg (28A, 28B) extending in the first direction; and a platform (24) that extends between the leg and the first and second side rails (as seen in FIG. 1), the platform defining an upper surface and rail portions (44) on opposed sides of the upper surface and a lower surface configured to abut the structure (as seen in FIG. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Straw to include a platform, such as that taught by Couch, so that a user could easily step on the platform to go from one side of the wall to the other side of the wall when using the ladder.
Claim 22: Straw lacks an extension portion configured to be mounted to at least one of the plurality of rungs, first side rail or second side rail. Couch teaches a ladder comprising: a first plurality of rungs (18), a first side rail (15A) a second side rail (15B) extending in a first direction, a first arm (30, 36) extending in a second direction, and an extension portion (14) configured to be mounted to at least one of the first plurality of rungs, first side rail, or the second side rail (FIGS. 6 and 7), the extension portion comprising: a third side rail (50A) and a fourth side rail (50B) extending in the first direction when the extension is mounted to the at least one of the first plurality of rungs (via 54, 56), wherein the third side rail and fourth side rail are parallel (FIGS. 2 and 6); a second plurality of rungs (52) extending between the third side rail and the fourth side rail; a second arm (58, 60) configured to extend in the second direction, wherein when the ladder is mounted to a structure, the second arm is configured to abut the inside surface of the structure (FIG. 7); and a connector (hooks 54/56) configured to engage the at least one of the first plurality of rungs (FIG. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Straw to include an extension portion, such as that taught by Couch, so the length of the ladder could be easily extended in the first direction to accommodate structures of varying heights.
Claims 24 and 25: Straw discloses a handrail (64) extending above the platform when the ladder is mounted to the structure. Additionally Couch also teaches a handrail (22A, 22B) extending above the platform when the ladder is mounted to the structure.
Allowable Subject Matter
Claims 9, 12-17, 23 and 27 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.
Claims 4, 5 and 7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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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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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
