DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/7/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claims 21-24, 27-28, 36-40 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Gravel, US 2011/0078962.
Regarding claims 21 and 39:
Gravel discloses a method of forming pool stairs in a pool including pool wall panels, the method including:
coupling (para. 0037) a rear portion of at least one stair form brace (30) to at least one pool wall panel (2) of the pool such that the at least one stair form brace extends from the at least one pool wall panel in a first direction and upwardly from a ground surface, the at least one stair form brace comprising at least one filling material aperture (space between the vertical members and the horizontal members) extending therethrough in a second direction that contrasts the first direction;
coupling a plurality of elongate riser forms (70) to the at least one stair form brace and portions of the pool wall panels (via 130) of the pool at differing heights from the ground surface and positions along the first direction such that the plurality of elongate riser forms extend along the second direction between the portions of pool wall panels of the pool and that front faces of the plurality of elongate riser forms from a plurality of riser portions of pool stairs within the pool; and
introducing filling material (para. 0040) between the plurality of elongate riser forms and the pool wall panels such that the filling material extends through the at least one filling material aperture and to top edges of the plurality of elongate riser forms to form a plurality of tread portions of the pool stairs.
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Regarding claims 22, 23 and 40:
Gravel discloses wherein coupling the plurality of elongate riser forms to the at least one stair form brace comprises directly coupling at least some of the plurality of elongate riser forms to the at least one stair form brace via a plurality of fixation apertures (88, Fig. 10) extending through the at least one stair form brace at the differing heights and positions along the first direction;
wherein the plurality of fixation apertures are preformed through holes in the at least one stair form brace (refer to Fig. 6).
Regarding claim 24:
Gravel discloses wherein coupling the plurality of elongate riser forms to the at least one stair form brace comprises coupling end portions of at least some of the plurality of elongate riser forms to the at least one stair form brace.
Regarding claim 27:
Gravel discloses wherein the front faces of the plurality of elongate riser forms are planar.
Regarding claim 28:
Gravel discloses wherein the at least one stair form brace further comprises a plurality of reinforcement material holding surfaces (labeled above) formed by portions of a free top edge end of the at least one stair form brace, the plurality of reinforcement material holding surfaces being proximate to the plurality of elongate risers forms coupled to the at least one stair form brace and spaced therefrom in a third direction that opposes the first direction, wherein the reinforcement material holding surfaces are configured to support reinforcement material positioned thereon below the tread portions and within the filling material.
Regarding claim 36:
Gravel discloses wherein coupling a rear portion of the at least one stair form brace to at least one pool wall panel of the pool comprises directly coupling the rear portion of the at least one stair form brace to the at least one pool wall panel.
Regarding claim 37:
Gravel discloses wherein the at least one stair form brace comprises a plurality of stair form braces (refer to Fig. 14).
Regarding claim 38:
Gravel discloses wherein the plurality of elongate riser forms each include back faces that include at least one rib member (77), and wherein introducing the filling material comprises enveloping the at least one rib member of the plurality of elongate riser forms within the filling material.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21, 30 and 33-34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Boisseau, FR 2935412 in view of Gravel, US 2011/0078962.
Regarding claim 21:
Boisseau discloses a method of forming pool stairs in a pool including pool wall panels, the method including:
positioning a rear portion of at least one stair form brace (4) to at least one pool wall panel (1) of the pool such that the at least one stair form brace extends from the at least one pool wall panel in a first direction and upwardly from a ground surface, the at least one stair form brace comprising at least one filling material aperture (47) extending therethrough in a second direction that contrasts the first direction;
coupling a plurality of elongate riser forms (30) to the at least one stair form brace and positioning them along portions of the pool wall panels of the pool at differing heights from the ground surface and positions along the first direction such that the plurality of elongate riser forms extend along the second direction between the portions of pool wall panels of the pool and that front faces of the plurality of elongate riser forms from a plurality of riser portions of pool stairs within the pool; and
introducing filling material (concrete - abstract) between the plurality of elongate riser forms and the pool wall panels such that the filling material extends through the at least one filling material aperture and to top edges of the plurality of elongate riser forms to form a plurality of tread portions of the pool stairs.
Boisseau does not expressly disclose coupling of the braces and the riser forms to the pool wall panels.
Gravel discloses wherein both the braces and the riser forms are coupled to the pool wall panel via flanges with apertures for fasteners.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a connecting means as suggested by Gravel to the braces and riser forms of Boisseau in order to hold the form in place prior to pouring of the concrete.
Regarding claim 30:
Boisseau discloses wherein the at least one stair form brace further comprises a plurality of channel recesses formed by portions of a free top edge end of the at least one stair form brace, the plurality of channel recesses being proximate to the plurality of elongate risers forms coupled to the at least one stair form brace and spaced therefrom in a third direction that opposes the first direction, wherein the channel recesses are configured such that they are positioned below the tread portions and within the filling material.
Regarding claims 33 and 34:
Boisseau discloses wherein the at least one stair form brace comprises a main planar portion that extends from the rear portion in the first direction and from the ground surface to a free top edge end of the at least one stair form brace, and wherein the at least one filling material aperture is formed in the main planar portion of the at least one stair form brace;
wherein coupling the plurality of elongate riser forms to the at least one stair form brace comprises coupling the plurality of elongate riser forms to the main planar portion of the at least one stair form brace.
Claims 28 and 29 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Boisseau, FR 2935412 in view of Gravel, US 2011/0078962 as applied to claim 21, further in view of Wedmore, US 972,961.
Regarding claims 28 and 29:
Boisseau discloses positioning reinforcement material (6) within apertures on the stair form braces (refer to Fig. 4).
Boisseau does not expressly disclose wherein the holding surfaces are formed by portions of a free top edge.
Wedmore discloses a form brace wherein holding surfaces are formed by portions of a free top edge.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to substitute a recessed free top edge as suggested by Wedmore for the apertures of Wedmore in order to allow vertical placement of the rebar instead of requiring threading of the rebar.
Allowable Subject Matter
Claims 25-26, 31-32 and 35 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record anticipates and/or reasonably suggests independent claim 21. However, the prior art does not disclose or reasonably suggest the claimed details of clips (claims 25 and 26), liner support members that form a channel between the liner support member and the front face of the elongate riser forms (claims 31 and 32), or an angled base portion on at least one stair form brace (claim 35). Modifying the prior art of record to include these claimed features would require improper hindsight reasoning and/or piecemeal reconstruction.
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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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