Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serial number 19/114,847 filed 3/25/25 as a national stage entry of PCT/GB2023/052522. Claims 1, 2, 4, 6-11, 13-18, 20-23 and 28 pending. Claims 3, 5, 12, 19 and 24-27 have been canceled by preliminary amendment. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The information disclosure statement (IDS) submitted on 3/25/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: at least 7, 8 and 9. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: at least 8.1-8.3. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. All references numbers in the specification must be in the figures and vice versa.
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 6-17 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.
It is not clear in claims 6, 8, 14 and 17 which securing component “the securing component” references as claim 1 defines first, second and third securing components.
In claim 11, “each quick-release buckle” lacks antecedent basis.
In claim 13, “the quick-release buckle” lacks antecedent basis.
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.
Claims 1, 2, 4, 6, 7, 18 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 9,638,365 to Reviel.
Reviel provides several embodiments of joints for connecting structural members such as pipes, poles, tubes or rods of cylindrical cross section. The joints are disclosed as being made from any type of plastic, metal or glass capable of being molded, stainless steel, aluminum or PVC (col. 5, lns 24+) at least plastic and glass are non-corrosive.
A tightening system 704 or “securing component” is provided configured to secure each of the structural members in voids of the joint. Holes 705 in flanges for receiving fasteners may clamp the respect receiving portions alternatively, quick-release, one-step clamps may be used as discussed at the top of column 6.
Each of the embodiments of Figures 1, 2, 5, 6 and 9 provide first through third receiving portions arranged as called for in claim 1.
With respect to claim 4, see the notches at the flanges in the figures.
With respect to claim 6-7, a quick-release clamp inherently has a handle for moving portions towards one another to clamp as is known in the arts. See for example the following U.S. Documents:
("1303249" | "2108407" | "2244351" | "3113791" | "3305234" | "4492005" | "D280433" | "4569105" | "D287387" | "4639979" | "4646398" | "4678216" | "4773641" | "4817944" | "4893810" | "5062631" | "5108066" | "5163887" | "5207624" | "5295604" | "5295933" | "5591109" | "D384710" | "5829106" | "D414405" | "D438783" | "D445153" | "D464094" | "D584604" | "7497489" | "7513856" | "7789814" | "8142335" | "D661981" | "8201852" | "8282138" | "D694841" | "D711730" | "D712730" | "8827878" | "D735025" | "D736884" | "9109616" | "9212777" | "D764608" | "D766384" | "D780859" | "D780860" | "D780861" | "9764183" | "D798699" | "9855458" | "10226659" | "10335628" | "D855920" | "D861473" | "D865881" | "10512815" | "D876944" | "D885877" | "D895745" | "10953263" | "D941408" | "20070138351" | "20080287271" | "20090048079" | "20110162173" | "20130072359" | "20130196830" | "20140121075" | "20140162855" | "20140200119" | "20140287889" | "20150231441" | "20160025121" | "20170095688" | "20170144012" | "20170151460" | "20180185696" | "20180272175" | "20180326251" | "20190105525" | "20200171339" | "20210001165" | "20210001166" | "20220143453").pn. OR ("11607576").urpn. AND (PGPB | USPT | USOC).dbnm.
Claims 1, 2, 17, 20-23 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 2,755,981 to Edwards.
Edwards provides a modular ladder comprised of a plurality of T-coupling joints 32 having voids for receiving structural members in the form of rungs 30 and side members 28. The ladder may be built up to a desired length. The structural members are slip-fit into voids of the joints and securing with pins 34/40.
With respect to claim 17, the pins inherently form an interference fit in order to perform the securing function.
With respect to claim 21, see pin 52 in the embodiment of figure 10.
With respect to claim 22, see the threaded embodiment having threads 36/38.
With respect to claim 23, only one of the alternatives is required to meet the claim. The rungs may be considered first members of equal length, and the side members may be considered second members of equal length and each have circular cross section.
Claims 1, 2, 17, 18, 20, 22, 23 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 4,086,980 to Shortes et al.
Shortes provides a modular ladder comprised of a plurality of T-coupling joints 21/23 having voids for receiving structural members in the form of rungs 19 and side rails 5. Seuring components including bolts 27, spring pins 28 or welds maybe used.
With respect to claim 17, the pins inherently form an interference fit in order to perform the securing function.
With respect to claim 18, see collar 29 which forms a recessed shoulder.
With respect to claim 22, see complementary recesses 24 and pins 28.
With respect to claim 23, only one of the alternatives is required to meet the claim. The rungs 19 may be considered first members of equal length, and the side rails 5may be considered second members of equal length and each have circular cross section.
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 2,755,981 to Edwards.
Edwards provides each of the elements of the claim as noted above except for the joints being formed of corrosion resistant material (the second option of the alternative limitations).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have selected a corrosion resistant material such as aluminum for the components for the ladder of Edwards since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Aluminum is known material for use in ladder construction and would have been an obvious choice of material for its inherent strength to weight ratio and corrosion resistance which is desirable for use in outdoor environments.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 4,086,980 to Shortes et al.
Shortes provides each of the elements of the claim as noted above except for the joints being formed of corrosion resistant material (the second option of the alternative limitations).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to have selected a corrosion resistant material such as aluminum for the components for the ladder of Shortes since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Aluminum is known material for use in ladder construction and would have been an obvious choice of material for its inherent strength to weight ratio and corrosion resistance which is desirable for use in outdoor environments.
Claims 8-11 and 13-16 appear to 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note:
Joint 12 of U.S. Patent 5,015,116 to Nardone et al. which provides first14, second 18 and third 16 receiving portions for structural members 20/22/24 and corresponding securing components 26/28/30. The disclosed materials are all corrosion resistant. The joint formed of split halves rather than notched. Nardone has not been applied to avoid undue multiple rejections.
CN 216616822 citation 8 of the 3/25/25 IDS and reference D4 of the parent written opinion appears to anticipate at least claims 1, 2 and 4 but has not been applied to avoid undue multiple rejections.
U.S. 2026/0160283 to provides a quick-release clamp for use with a deformable collar but does not qualify as prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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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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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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