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 .
Election/Restrictions
No claims are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/18/25.
Applicant’s election without traverse of Group I in the reply filed on 8/18/25 is acknowledged.
Claim Objections
Claims 1-11 are objected to because of the following informalities:
With regard to claim 1: Line 3 of the claim, it appears “wall section” should be --wall sections--.
With regard to claim 3: Line 3 of the claim, it appears “wall section” should be --wall sections--.
With regard to claim 11: Line 6 of the claim, it appears “members” should be --member--.
Appropriate correction is required.
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) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao et al. (CN 113374122 A).
With regard to claim 11: Xiao et al. discloses a dividing wall section (figs. 1 and 4-5) capable of use for a building structure including a floor and a ceiling.
The dividing wall section of Xiao et al. defining a rectangular wall frame structure enclosing a plurality of perforated vertical bracket mounting members (interior vertical keels, 1) (figs. 2A-2D, 3, 5 and 6A); the dividing wall section including at least one mounting member (203) securable to at least one of the floor and the ceiling of the building structure at a predetermined location and at least one interior wall panel (4), the at least one interior wall panel (4) being securable to the at least one mounting member (203) to position the at least one interior wall panel (4) to the predetermined location (fig. 1).
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Unger (CA 2 878 720) in view of Rose et al. (US 4,790,505).
With regard to claim 1: Unger discloses a building structure (14) (figs. 2A-2D, 3, 5 and 6A) comprising:
a hollow shell (14) defining an interior enclosure sized and shaped to house at least one individual (figs. 2A-2D); and
a plurality of dividing wall sections (interior wall sections formed by structural frames 40) secured to the hollow shell (14) inside the interior enclosure (figs. 2A-2D, 3, 5 and 6A).
Unger discloses that each of the dividing wall sections (interior wall sections formed by structural frames 40) defining a rectangular wall frame structure (figs. 2A-2D, 3, 5 and 6A).
Unger does not disclose that the frame structure enclosing a plurality of perforated vertical bracket mounting members.
However, Rose et al. discloses a wall section defining a frame structure enclosing perforated vertical bracket mounting members (10) (figs. 1-4; col. 1, lines 5-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the building structure of Unger to have the frame structure enclose vertical bracket mounting members such as taught by Rose et al. in order to provide a means of locating and mounting electrical boxes. No new or unpredictable results would obtained from modifying the frame structure of Unger to include vertical bracket mounting members such as taught by Rose et al. for locating and mounting electrical boxes.
With regard to claim 2: Unger does not disclose a plurality of mounting members secured to one of a floor and a ceiling of the interior enclosure at a predetermined location, each dividing wall section being secured to the at least one of the plurality of mounting members to position at least one interior wall panel to the predetermined location.
However, Rose et al. discloses a plurality of mounting members (nails, screws, rivets) secured to a floor, each wall section being secured to at least one of the plurality of mounting members (col. 1, lines 21-26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the building structure of Unger previously modified by Rose et al. to further include a plurality of mounting members secured to a floor such as taught by Rose et al. in order to provide a means of securing the respective dividing wall sections for creating enclosed areas in the building structure. As modified, each dividing wall section is secured to the at least one of the plurality of mounting members to position at least one interior wall panel to the predetermined location.
With regard to claim 3: Unger discloses that the plurality of dividing wall section (interior wall sections of structural frame 40) includes a wall frame and a plurality of interior wall panels enclosing the wall frame (pg. 4, lines 9-11).
With regard to claim 4: Unger discloses that the hollow shell includes at least one construction module (figs. 2A-2D, 3, 5 and 6A; pg. 2, lines 3-8).
With regard to claim 5: Unger discloses that the hollow shell includes at least one shipping container (figs. 2A-2D, 3, 5 and 6A; pg. 2, lines 3-8).
With regard to claim 6: Unger disclose a kit for a building structure (14) (figs. 2A-2D, 3, 5 and 6A) comprising:
a hollow shell (14) defining an interior enclosure sized and shaped to house at least one individual (figs. 2A-2D); and
a plurality of dividing wall sections (interior wall sections formed by structural frames 40) adapted to be secured to the hollow shell (14) inside the interior enclosure (figs. 2A-2D, 3, 5 and 6A).
Unger discloses that each of the dividing wall sections (interior wall sections formed by structural frames 40) defining a rectangular wall frame structure (figs. 2A-2D, 3, 5 and 6A).
Unger does not disclose that the frame structure enclosing a plurality of perforated vertical bracket mounting members.
However, Rose et al. discloses a wall section defining a frame structure enclosing perforated vertical bracket mounting members (10) (figs. 1-4; col. 1, lines 5-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the building structure of Unger to have the frame structure enclose vertical bracket mounting members such as taught by Rose et al. in order to provide a means of locating and mounting electrical boxes. No new or unpredictable results would obtained from modifying the frame of Unger to include vertical bracket mounting members such as taught by Rose et al. for locating and mounting electrical boxes.
With regard to claim 7: Unger does not disclose a plurality of mounting members adapted to be secured to one of a floor and a ceiling of the interior enclosure at a predetermined location, each dividing wall section being secured to the at least one of the plurality of mounting members to position at least one interior wall panel to the predetermined location.
However, Rose et al. discloses a plurality of mounting members (nails, screws, rivets) secured to a floor, each wall section being secured to at least one of the plurality of mounting members (col. 1, lines 21-26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the building structure of Unger previously modified by Rose et al. to further include a plurality of mounting members secured to a floor such as taught by Rose et al. in order to provide a means of securing the respective dividing wall sections for creating enclosed areas in the building structure. As modified, each dividing wall section is secured to the at least one of the plurality of mounting members to position at least one interior wall panel to the predetermined location.
With regard to claim 8: Unger discloses that the plurality of dividing wall section (interior wall sections of structural frame 40) includes a wall frame and a plurality of interior wall panels enclosing the wall frame (pg. 4, lines 9-11).
With regard to claim 9: Unger discloses that the hollow shell includes at least one construction module (figs. 2A-2D, 3, 5 and 6A; pg. 2, lines 3-8).
With regard to claim 10: Unger discloses that the hollow shell includes at least one shipping container (figs. 2A-2D, 3, 5 and 6A; pg. 2, lines 3-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited are directed to building structures and/or wall sections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSIE T FONSECA/Primary Examiner, Art Unit 3633