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 § 112
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 1-4 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.
In claim 1, line 7, It is unclear to the examiner how the upper vertex is (V6) when, according to the drawings, (V6) is the lower vertex.
Regarding claims 2-4, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claims 2-3, is the ‘strut bar’ and the ‘tension bar’ claimed the same as the vertical bar claimed in claim 1 or different bars? This is quite confusing to the examiner and the examiner will treat the strut bar and tension bar as being the same and having the same structure as a vertical bar.
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) 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ‘790 (CN1258790).
For claim 1, ‘790 discloses a reticulated stereo module for the construction of buildings of the type that uses elements of reticulated stereo octahedral type and quadrangular panels for the construction of walls, floors and ceilings, characterized because it includes: 4 diagonal bars placed between its medium vertexes and its upper vertex; 4 diagonal bars placed between its medium vertexes and its upper vertex; 4 horizontal bars placed between each one of its 4 medium vertexes, and its central node; and 1 vertical bar placed between its lower vertex and its central node and/or 1 vertical bar placed between its upper vertex and its central node (fig. 4).
For claim 2, ‘790 discloses that the module preferably includes only 1 strut bar placed between its lower vertex and its central node (no other bars are provided extending from the lower vertex to the central node).
For claim 3, ‘790 discloses that the module preferably includes only 1 tension bar placed between its upper vertex and its central node (no other bars are provided extending from the upper vertex to the central node).
For claim 4, ‘790 discloses that the module preferably includes 1 bar placed between its upper vertex and its central node and 1 bar placed between its lower vertex and its central node (fig. 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA K IHEZIE whose telephone number is (571)270-5347. The examiner can normally be reached M-F 9-5pm.
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/JOSHUA K IHEZIE/Primary Examiner, Art Unit 3633