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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weaver, U.S. Patent 4,347,638.
Regarding claim 1, Weaver discloses a stair assembly comprising: a stairs and platform system (10) connected adjacent a wall (14), said stairs and platform system comprising: a platform (upper landing portion, see Fig. 1) including: (i) a platform floor (17); (ii) at least one platform handrail assembly (25 at the platform); a stair assembly (23 and associated 25) comprising at least one stair handrail assembly (25 at the stairs), said stair assembly movable relative to said platform from a first operative position in which said stair assembly projects downwardly at an angle away from the platform (as shown in Fig. 1) to a second stowed position in which at least part of the stair assembly is supported adjacent the platform floor and is arranged parallel relative to the platform floor (as shown in Fig. 3); wherein said stair assembly is selectively captured adjacent to said platform floor when said stair assembly is in said second stowed position (within 18; see Fig. 3).
Regarding claim 2, Weaver discloses a stair assembly wherein said stair assembly is slidably connected to the platform and slides relative to the platform to and between the first operative position of the stair assembly and the second stowed position of the stair assembly (via 18, 24).
Regarding claim 10, Weaver discloses a stair assembly wherein said stair assembly is selectively captured adjacent to said platform floor when said stair assembly is in said second stowed position by engagement of said at least one platform handrail assembly with both said platform and said stair assembly when said stair assembly is located in said second stowed position adjacent said platform floor (as shown in Fig. 3).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Humphrey, U.S. Patent 3,912,298.
Regarding claim 1, Humphrey discloses a stair assembly comprising: a stairs and platform system (11) connected adjacent a wall (13), said stairs and platform system comprising: a platform (14, 16, 25, 43, 44) including: (i) a platform floor (14); (ii) at least one platform handrail assembly (16, 25, 43, 44); a stair assembly (61, 47) comprising at least one stair handrail assembly (47), said stair assembly movable relative to said platform from a first operative position in which said stair assembly projects downwardly at an angle away from the platform (as shown in Fig. 1) to a second stowed position in which at least part of the stair assembly is supported adjacent the platform floor and is arranged parallel relative to the platform floor (as shown in Fig. 4); wherein said stair assembly is selectively captured adjacent to said platform floor when said stair assembly is in said second stowed position (as shown in Fig. 4).
Claim Rejections - 35 USC § 103
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 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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weaver, U.S. Patent 4,347,638.
Regarding claim 3, Weaver discloses a stair assembly further comprising first and second connection blocks, but does not disclose the connection blocks are of a polymeric material and secured to the platform and slidably engaged respectively with first and second stringers of said stair assembly. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to secure the blocks to the platform to slidably engage with the stringers so that the blocks are not exposed when the assembly is deployed, and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. It would also have been obvious to one having ordinary skill to produce the blocks of a polymeric material to resist corrosion as the assembly is exposed to the elements, and 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, 125 USPQ 416.
Regarding claim 4, Weaver discloses a stair assembly but does not specifically disclose it is further comprising first and second stringer stops connected respectively to the first and second stringers that respectively engage the first and second connection blocks when the stair assembly is located in its second stowed position. Weaver does teach a bar used to secure the stairs in a deployed position (26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a same mechanism to hold the assembly together when stowed so that the stairs so not become disengaged when not intended.
Claim(s) 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Humphrey, U.S. Patent 3,912,298.
Regarding claim 5, Humphry discloses a stair assembly wherein said platform is movably connected to the wall and moves relative to the wall between an operative position and an inoperative position (Figs. 1, 4), wherein said platform and said stair assembly both lie adjacent said wall when said platform is located in said inoperative position and said stair assembly is in said second stowed position (as shown in Fig. 4).
Regarding claim 6, Humphrey discloses a stair assembly wherein said platform is pivotally connected to the wall and wherein said platform pivots relative to the wall between said operative position and said inoperative position (as shown in Fig. 4).
Regarding claim 7, Humphrey discloses a stair assembly wherein said platform is pivotally connected to the wall by first and second platform mounting brackets and wherein said platform is selectively removable from the first and second platform mounting brackets (18).
Regarding claim 8, Humphrey discloses a stair assembly wherein said wall comprises a door (12) and wherein said platform and said stair assembly both lie adjacent said door of said wall when said platform is located in said inoperative position and said stair assembly is located in said second stowed position (as shown in Fig. 4).
Regarding claim 9, Humphrey discloses a stair assembly further comprising a latch system (97) for selectively retaining said platform in its inoperative position adjacent said wall.
Regarding claim 10, Humphrey discloses a stair assembly wherein said stair assembly is selectively captured adjacent to said platform floor when said stair assembly is in said second stowed position by engagement of said at least one platform handrail assembly with both said platform and said stair assembly when said stair assembly is located in said second stowed position adjacent said platform floor (as shown in Fig. 4).
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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