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 .
Claims 1-15 have been examined.
Claim Rejections - 35 USC § 103
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Sano (Japanese Patent Document 2006233679) in view of Hamm (US Patent 4,289,303) and Rouail (US Patent Application Publication 2004/0221539).
1. Sano discloses a handrail assembly for a child comprising:
an elongated tube (Q);
a sleeve (1) configured to be positioned around the elongated tube (Fig 3C); and
a plurality of supports (R) configured to be attached to the elongated tube, each of the plurality of supports including a respective flange configured to be detachably secured against a wall (Fig 4),
wherein the sleeve includes a longitudinal slit (4) extending from the inner diameter of the sleeve through the wall of the sleeve to the outer diameter of the sleeve (Fig 3A),
the slit is configured to allow the sleeve to wrap over the elongated tube (Figs 3A-C), and
whereby the height of the handrail assembly is adjustable, to provide support for the child in ascending and descending the staircase (Examiner considers the handrail to be adjustable (e.g. installed at whatever height/placement on a wall adjacent a staircase as desired by the user) inasmuch as is instantly disclosed).
However, Sano does not explicitly disclose wherein the tube is plastic. Plastic is a well-known and conventional material suitable for use in handrails and balustrades because it provides a railing of simple and economical construction that can be molding and/or shaped as needed while having dual properties of strength and light weight. Applicant is reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to make the Sano railing from plastic because it is a material known to be used for handrails and balustrades because of its simple and economic construction which allows it to be shaped and/or molded as required and its durability and light weight make it more suitable for this use.
Further, Sano discloses the sleeve as being manufactured from rubber instead of foam as claimed. Hamm discloses a similar handrail mountable to a wall adjacent a staircase having an elongated tube covered by a foam sleeve providing a light weight and weather proof material which makes the handrail easier to grasp (Col 1, Lines 46-49). Applicant is again reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the sleeve of Sano to be made from foam to make the handrail easier to grasp,
Finally, Sano does not disclose wherein the plurality of supports each include a pressure sensitive adhesive coupled to the respective flange, the pressure sensitive adhesive configured to couple the handrail assembly to the wall adjacent to a staircase, without screws or nails, so that the handrail assembly can be detached and moved one or more times without damaging the wall.
Rouail teaches a similar wall mounted plastic railing assembly being secured to the wall via a pressure sensitive adhesive tape which ensures strong adherence of the railing to the wall and also permit removal from the wall with hand peel forces (Par. 0028 and 0031-0032). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the mounting means of the assembly of Sano to be that of a pressure sensitive adhesive tape as taught by Rouail which would allow a secure mounting of the assembly as well as allowing removal of the handrail if desired.
Claims 2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Hamm and Rouail as applied to Claim 1 above, and further in view of Greaves (US Patent Application Publication 2002/0172551)
2 and 4-5. Sano discloses the assembly significantly as claimed, but does not disclose a male connector configured to couple to an end of the elongated tube, wherein the male connector is configured to engage a female connector coupled to a second elongated tube and wherein the male connector includes a male projection having a key, and wherein the male projection and key are configured to engage an aperture and keyway of the female connector such that relative rotation of the male connector and female connector is restricted.
Greaves teaches a similar tubular connection system for a handrail having a male connector and a female connector (Par. 0023: “the respective end faces of two connectors of a pair may be profiled e.g. with male and female formations whereby in the resulting assembly said formations co-operate to ensure radial alignment of the faces”) so as to secure the two tube connectors axially relative to one another and thereby prevent separation of the tube end (Par. 0017), wherein both male and female connectors comprise keys (“ribs”) and the tubular members comprise keyways (“grooves”), each of the nut and bolt being held captive against rotation in a respective retention bush formation so that relative rotation of the tubes results in relative rotation to tighten the nut and bolt (Par. 0019). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the tubular connector of Sano to have the keyed male and female connectors as taught by Greaves to allow for connection of multiple tubular sections to extend the length of the handrail as needed.
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Hamm, Rouail, and Greaves as applied to claims 2 and 4-5 above, and further in view of Hearn (GB Patent Document 2500020 A)
Sano in view of Hamm, Rouail, and Greaves disclose the handrail assembly significantly as claimed, but do not explicitly disclose a cap configured to couple to the male connector to cover a portion of the male connector or a plug configured to engage the female connector and cover an opening in the female connector.
Hearn teaches a similar handrail having multiple tubular sections secured together wherein the ends of the handrail have end caps (22) which can cover a portion of a male connector (21) and plug to engage a female connector (20) such that the end caps are clipped into position to conceal the inner portion of the tubes (Page 4, Lines 21-27). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the handrail assembly of Sano in view of Hamm, Rouail, and Greaves to have end caps installed thereon as taught by Hearn to seal the ends of the tubular handrail.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Hamm and Rouail as applied to Claim 1 above, and further in view of Burger (US Patent 6,176,472).
Sano in view of Hamm and Rouail disclose the handrail assembly significantly as claimed, but do not disclose wherein the foam sleeve includes at least one receiving slot configured to receive a portion of at least one of the plurality of supports.
Burger teaches a similar covering member which is resiliently gripped on a handrail by separating edges of a slot on the covering member to facilitate the assembly thereof (Abstract; Col 3, Lines 7-10) and also wherein the covering member has cutouts for shape matingly receiving a plate of a bracket which mounts the handrail to a wall. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the handrail cover of Sano to have a cutout as taught by Burger to allow the covering member to extend the entire length of the handrail while providing a securement which is both aesthetically pleasing and strong.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Hamm and Rouail as applied to Claim 1 above, and further in view of Kreckel (US Patent 5,989,708)
Sano in view of Hamm and Rouail disclose the handrail assembly significantly as claimed, but do not disclose wherein the pressure sensitive adhesive is a bio-based acrylate pressure sensitive adhesive.
Kreckel teaches a similar device (for example, bracket 50) which is to be mounted to a wall using a pressure sensitive tape being made from acrylate which improves adhesion of the adhesive layer to the backing (Col 5, Lines 18-30). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the pressure sensitive adhesive of Sano in view of Hamm and Rouail to include acrylate as taught by Kreckel to improve adhesion of the adhesive layer to the backing.
Claims 9, 11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sano (Japanese Patent Document 2006233679) in view of Hamm (US Patent 4,289,303), Rouail (US Patent Application Publication 2004/0221539), and Greaves (US Patent Application Publication 2002/0172551).
Sano discloses a handrail assembly for a child, and a method of assembling such, comprising:
an elongated tube (Q)
a plurality of supports (R) attached to the elongated tube, each of the plurality of supports including a respective flange configured to be detachably secured to a wall (Fig 4),
said handrail assembly further comprising a sleeve around a circumference of the elongated plastic tube, wherein the sleeve includes a longitudinal slit (4) extending from the inner diameter of the sleeve through the wall of the sleeve to the outer diameter of the sleeve (Fig 3a),
the slit is configured to allow the sleeve to wrap over the elongated tube (Fig 3a-3c), and
whereby the height of the handrail assembly is adjustable, to provide support for the child in ascending and descending the staircase (Examiner considers the handrail to be adjustable (e.g. installed at whatever height/placement on a wall adjacent a staircase as desired by the user) inasmuch as is instantly disclosed).
However, Sano does not explicitly disclose wherein the tube is plastic. Plastic is a well-known and conventional material suitable for use in handrails and balustrades because it provides a railing of simple and economical construction that can be molding and/or shaped as needed while having dual properties of strength and light weight. Applicant is reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to make the Sano railing from plastic because it is a material known to be used for handrails and balustrades because of its simple and economic construction which allows it to be shaped and/or molded as required and its durability and light weight make it more suitable for this use.
Further, Sano does not disclose the tubular handrail being made from a plurality of tubular sections joined end-to-end, each tubular section having a male connector at a first end and a female connector at a second end opposite the first end, wherein the male connector of a first tube is configured to engage a female connector of a second tube; and
Greaves teaches a similar tubular connection system for a handrail having a male connector and a female connector (Par. 0023: “the respective end faces of two connectors of a pair may be profiled e.g. with male and female formations whereby in the resulting assembly said formations co-operate to ensure radial alignment of the faces”) so as to secure the two tube connectors axially relative to one another and thereby prevent separation of the tube end (Par. 0017), wherein both male and female connectors comprise keys (“ribs”) and the tubular members comprise keyways (“grooves”), each of the nut and bolt being held captive against rotation in a respective retention bush formation so that relative rotation of the tubes results in relative rotation to tighten the nut and bolt (Par. 0019). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the tubular connector of Sano to have the keyed male and female connectors as taught by Greaves to allow for connection of multiple tubular sections to extend the length of the handrail as needed.
Further, Sano discloses the sleeve as being manufactured from rubber instead of foam as claimed. Hamm discloses a similar handrail mountable to a wall adjacent a staircase having an elongated tube covered by a foam sleeve providing a light weight and weather proof material which makes the handrail easier to grasp (Col 1, Lines 46-49). Applicant is again reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the sleeve of Sano to be made from foam to make the handrail easier to grasp,
Finally, Sano does not disclose wherein the plurality of supports each include a pressure sensitive adhesive coupled to the respective flange, the pressure sensitive adhesive configured to couple the handrail assembly to the wall adjacent to a staircase, without screws or nails, so that the handrail assembly can be detached and moved one or more times without damaging the wall.
Rouail teaches a similar wall mounted plastic railing assembly being secured to the wall via a pressure sensitive adhesive tape which ensures strong adherence of the railing to the wall and also permit removal from the wall with hand peel forces (Par. 0028 and 0031-0032). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the mounting means of the assembly of Sano to be that of a pressure sensitive adhesive tape as taught by Rouail which would allow a secure mounting of the assembly as well as allowing removal of the handrail if desired.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Hamm, Rouail, and Greaves as applied to 9, 11, 13, and 14 above, and further in view of Burger (US Patent 6,176,472).
Sano in view of Hamm, Rouail, and Greaves disclose the handrail assembly significantly as claimed, but do not disclose wherein the foam sleeve includes at least one receiving slot configured to receive a portion of at least one of the plurality of supports.
Burger teaches a similar covering member which is resiliently gripped on a handrail by separating edges of a slot on the covering member to facilitate the assembly thereof (Abstract; Col 3, Lines 7-10) and also wherein the covering member has cutouts for shape matingly receiving a plate of a bracket which mounts the handrail to a wall. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the handrail cover of Sano to have a cutout as taught by Burger to allow the covering member to extend the entire length of the handrail while providing a securement which is both aesthetically pleasing and strong.
Claims 12 and 15 rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Hamm, Rouail, and Greaves as applied to 9, 11, 13, and 14 above, and further in view of Kreckel (US Patent 5,989,708).
Sano in view of Hamm, Rouail, and Greaves disclose the handrail assembly significantly as claimed, but do not disclose wherein the pressure sensitive adhesive is a bio-based acrylate pressure sensitive adhesive.
Kreckel teaches a similar device (for example, bracket 50) which is to be mounted to a wall using a pressure sensitive tape being made from acrylate which improves adhesion of the adhesive layer to the backing (Col 5, Lines 18-30). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the pressure sensitive adhesive of Sano in view of Hamm, Rouail, and Greaves to include acrylate as taught by Kreckel to improve adhesion of the adhesive layer to the backing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jozwiak et al, Bennett et al, Walker et al, Sun et al, and Kim all disclose similar handrails having features similar to those instantly claimed (e.g. being removably mounted to a wall with an adhesive, having a plurality of tubular members connected together, having end caps, etc.)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA T KENNEDY whose telephone number is (571)272-8297. The examiner can normally be reached on M-F 7a-4:30p MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached on (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA T KENNEDY/Primary Examiner, Art Unit 3649 2/19/2026