DETAILED ACTION
This Office action is a reply to the amendment filed on 1/26/2026. Currently, claims 1-16 and 18-20 are pending. Claim 17 has been cancelled. No claims have been withdrawn. No new claims have been added.
Drawings
The replacement drawings filed on 1/27/2026 are objected to because of the following informalities:
Fig. 13, “Vehical” is objected to because the word appears to be a misspelling of “Vehicle”, as it appears throughout applicant’s specification.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claim 14 is objected to because of the following informalities:
Claim 14, “A” is objected to because the word should not be capitalized. This rejection can be overcome by reciting, “a”.
Appropriate correction is required.
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 2-4, 6-16 and 18-20 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.
Claim 4, “the form” is indefinite because the limitation lacks antecedent basis. See also claims 6, 9 and 14.
Claim 7, “a weather barrier attached near an outer perimeter of the roof” is indefinite because it is unclear what the claim requires. The weather barrier was previously required (see claims filed 10/12/2023) to be attached to the roof. As amended, the weather barrier is not required to be attached to anything, in particular. Does applicant intend for the weather barrier to be attached to an outer perimeter of the roof? See also claims 7 and 14. See also additional citations of “attached near” in claims 3 and 13.
Claim 7, “a floor of the ground-supported housing” (line 4) is indefinite because the claim previously defines a floor of the ground-supported housing in line 2. As written, the limitation is drawn to a double inclusion. For examination purposes, the floor of line 4 was treated as the same floor as in line 2. This rejection can be overcome by reciting, “the floor of the ground-supported housing”.
Claim 14, “a second covered storage space” (line 11) is indefinite because limitation implies that a first covered storage space is required. However, the claim does not previously recite a first covered storage space. This rejection can be overcome by amending the limitation to define a first covered storage space, or by previously in the claim defining a first covered storage space.
Claim 15, “the lift platform” is indefinite because the limitation lacks antecedent basis. Does applicant intend for the limitation to refer to the previously recited lift or the previously recited platform? See also claim 16.
The remainder of claims in this section are rejected by virtue of dependency on a rejected base claim.
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 and 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 4217200 A1 (‘DE ‘200’).
Claim 1, DE ‘200 provides a ground-supported housing, comprising:
a roof (annotated Fig. 6 of DE ‘200 shown below in Examiner’s Notes), a floor (annotated Fig. 6), side walls (annotated Fig. 6) attached to the floor (annotated Fig. 6), and at least one door (15; Figs. 5-6) formed within at least one of the side walls (15 is formed within an upper portion of the side walls; Figs. 5-6); and
a lift (3; annotated Fig. 6) installed on the floor of the ground-supported housing by vertical lift support beams (annotated Fig. 6), the lift including a platform (annotated Fig. 6) adapted to move by operation of the lift in a range of vertical positions together with the roof coupled to the platform via a plurality of vertical roof supports (note that under the broadest reasonable interpretation, the platform is suitable to move by operation of the lift in a range of vertical positions together with the roof coupled to the platform via the plurality of vertical roof supports; annotated Fig. 6) extending upward from a connection to the platform (connection between the vertical lift support beams and the platform; annotated Fig. 6) creating a first covered storage space between the platform and the roof (note that such movement is not positively recited and thus not required due to recitation of “adapted to”, but that DE ‘200 is nonetheless suitable for such movement by operation of the lift in a range of vertical positions as shown in Fig. 5-6), wherein the platform can be mechanically raised or lowered along the vertical lift support beams with respect to the floor to various vertical positions within the ground-supported housing thereby creating a second covered storage space between the floor and the platform (see two platform positions each defining a covered storage space shown in Figs. 5 and 6).
Claim 5, DE ‘200 further provides wherein the lift is adapted to enable covered storage of two vehicles within the ground-supported housing with a first of the two vehicles supported by and raised on the lift platform and the second vehicle parked beneath the first vehicle and platform when the platform is raised within the ground-supported housing (Figs. 5-6).
Claim 6, DE ‘200 further provides wherein the at least one door can be provided in the form at least one of a roll-up door, swing out door, a slide door or hanger door such that opening of the door does not interfere with the lift or storage areas within the ground-supported housing (under the broadest reasonable interpretation, it is understood that the door—“garage door”—is considered a swing out door, as the door opens upward to open and does not interfere with the lift or roof area above the lift; Figs. 5-6).
Claim Rejections - 35 USC § 102/103
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.
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) 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by DE 4217200 A1 (‘DE ‘200’) or, in the alternative, under 35 U.S.C. 103 as obvious over DE 4217200 A1 (‘DE ‘200’) in view of Markel (US 3161433).
Claim 7, DE ‘200 provides a ground-supported housing, comprising:
a roof (see annotated Fig. 6 shown below in Examiner’s Notes), a floor (annotated Fig. 6), side walls (annotated Fig. 6) attached to the floor (annotated Fig. 6) and at least one door (15; Figs. 5-6) formed within at least one of the side walls (the door is formed within an upper portion of the side walls; annotated Fig. 6); and
a lift (annotated Fig. 6) installed on a floor of the ground-supported housing by vertical lift support beams (annotated Figs. 5-6) including a platform (annotated Fig. 6) adapted to move by operation of the lift in a range of vertical positions together with the roof coupled to the platform via a plurality of vertical roof supports extending upward from a connection to the platform creating a first covered storage space between the platform and the roof (note that under the broadest reasonable interpretation, DE ‘200’s platform is nonetheless suitable to move by operation of the lift in a range of vertical positions together with the roof coupled to the platform via a plurality of vertical roof supports extending upward from a connection to the platform creating a first covered storage space between the platform and the roof, as two platforms defining storage areas are movable along a vertical axis; as exceedingly broadly claimed; Figs. 5-6), wherein the platform can be mechanically raised or lowered along the vertical lift support beams with respect to the floor to various vertical positions within the housing thereby creating a second covered storage space between the floor and the platform (it is understood that the platform is suitable to be mechanically raised or lowered along the vertical lift support beams with respect to the floor to various vertical positions within the housing thereby creating a second covered storage space between the floor and the platform; Figs. 5-6); and
a weather barrier (side walls of the roof when extended as shown in Fig. 6) attached near an outer perimeter of the roof (Figs. 5-6) to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls (Fig. 6).
In the event that applicant disagrees that DE ‘200 provides such weather barrier, the examiner takes the position that such weather barriers are known in the art. Markel teaches a weather barrier (86, 88, 90, 92) attached near an outer perimeter of a roof 20 to prevent weather elements from entering a ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the fabric material is attached to a perimeter of the roof to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls; col. 3, lines 20-46; Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the housing such that a weather barrier is attached near an outer perimeter of the roof to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the housing.
Claim 8, DE ‘200 further provides wherein the lift is adapted to enable covered storage of two vehicles within the ground-supported housing with a first of the two vehicles supported by and raised on the platform and the second vehicle parked on the floor beneath the first vehicle and the platform when the platform is raised within the ground-supported housing (Figs. 5-6).
Claim 9, DE ‘200 further provides wherein the at least one door can be provided in the form at least one of a roll-up door, swing out door, a slide door or hanger door such that opening of the door does not interfere with the lift or areas within the ground-supported housing (under the broadest reasonable interpretation, it is understood that the door—“garage door”—is considered a swing-out door, as the door opens upward to open and does not interfere with the lift or areas within the ground-supported housing; Figs. 5-6).
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) 2, 4 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of Markel (US 3161433).
Claim 2, DE ‘200 further teaches upper wall (portions 14 form a “closed upper shell”; Figs. 5-6) and the roof 16 comprising downwardly extending panels located inwardly of the wall 14 (Figs. 5-6). DE ‘200 does not teach a weather barrier including a fabric material attached near an outer perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls. However, Markel teaches a ground-supported housing, comprising side walls (42 first, 42 second, 46, 48) and a weather barrier (86, 88, 90, 92) including a fabric material (“waterproof fabric”) attached near an outer perimeter of a roof 20 and upper interior surfaces of the side walls (note that the connection to the side walls was treated as upper interior surfaces of the side walls) to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the fabric material is attached near an outer perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls; col. 3, lines 20-46; Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the housing such that a weather barrier including a fabric material is attached near an outer perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the ground-supported housing.
Claim 4, as modified above, the combination of DE ‘200 and Markel teaches all the limitations of claim 2, and further teaches wherein the weather barrier material is provided as canvas (Markel “canvas” col. 3, line 39) attached near an outer perimeter of the roof and near upper interior surfaces of the side walls (DE ‘200 Figs. 5-6; Markel Figs. 1 and 3-4) and presents a weather barrier (DE ‘200 walls of 16; Markel “waterproof fabric” col. 3, line 39) up to a maximum raised level of the roof (DE ‘200 Figs. 5-6; Markel Figs. 1 and 3-4) and is adapted to self-retract into the ground-supported housing when the roof is lowered back into contact with the housing walls (DE ‘200 it is understood that the weather barrier is suitable to self-retract into the ground-supported housing when the roof is lowered back into contact with the housing walls, with the electric motor or hydraulic pump Figs. 5-6).
Claim 10, DE ‘200 further teaches upper wall (portions 14 form a “closed upper shell”; Figs. 5-6) and the roof 16 comprising downwardly extending panels located inwardly of the wall 14 (Figs. 5-6). DE ‘200 does not teach a weather barrier including a fabric material attached to a perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls. However, Markel teaches a ground-supported housing, comprising side walls (42 first, 42 second, 46, 48) and a weather barrier (86, 88, 90, 92) including a fabric material (“waterproof fabric”) attached to a perimeter of a roof 20 and upper interior surfaces of the side walls (note that the connection to the side walls was treated as upper interior surfaces of the side walls) to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the fabric material is attached to a perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls; col. 3, lines 20-46; Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the ground-supported housing such that a weather barrier including a fabric material is attached to a perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the ground-supported housing.
Claim 11, DE ‘200 further teaches the weather barrier being attached near an outer perimeter of the roof and near upper interior surfaces of the side walls (Figs. 5-6) and presents a weather barrier (walls of 16) up to a maximum raised level of the roof (Figs. 5-6) and is adapted to self-retract into the ground-supported housing when the roof is lowered back into contact with the side walls (it is understood that the weather barrier is suitable to self-retract into the ground-supported housing when the roof is lowered back into contact with the side walls, with the electric motor or hydraulic pump Figs. 5-6). DE ‘200 does not teach the weather barrier being provided as canvas. However, Markel teaches a weather barrier being provided as canvas (Markel “canvas” col. 3, line 39). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the weather barrier to be provided as canvas, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the housing.
Claim 12, DE ‘200 further teaches the weather barrier being attached near an outer perimeter of the roof and near upper interior surfaces of the side walls (Figs. 5-6) and presents a weather barrier (walls of 16) up to the maximum raised level of the roof (Figs. 5-6) and is adapted to self-retract into the ground-supported housing when the roof is lowered back into contact with the side walls (it is understood that the weather barrier is suitable to self-retract into the ground-supported housing when the roof is lowered back into contact with the side walls, with the electric motor or hydraulic pump Figs. 5-6). DE ‘200 does not teach the weather barrier being provided as canvas. However, Markel teaches a weather barrier being provided as canvas (Markel “canvas” col. 3, line 39). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the weather barrier to be provided as canvas, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the ground-supported housing.
Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of Hache (US 8484908).
Claim 3, DE ‘200 further teaches a weather barrier comprising downwardly extending walls extending from the horizontal surface of the roof 16. DE ‘200 does not teach the weather barrier being adapted to surround and maintain a position outside of the side walls and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls. However, Hache teaches a ground-supported housing, comprising a weather barrier (expandable walls) provided as of wall panels (wall panels on expandable portion 11; Figs. 3 and 11) attached near an outer perimeter of the roof 13 and adapted to surround and maintain a position outside of side walls 15 and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the wall panels are suitable to surround and maintain a position outside of side walls and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls; Figs. 3 and 11). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the weather barrier wall panels attached near an outer perimeter of the roof to be adapted to surround and maintain a position outside of the side walls and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of utilizing a known arrangement of expandable wall and roof panels to form the ground-supported housing to protect the interior of the ground-supported housing.
Claim 13, DE ‘200 further teaches a weather barrier comprising downwardly extending walls extending from the horizontal surface of the roof 16. DE ‘200 does not teach the weather barrier being adapted to surround and maintain a position outside of the side walls and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls. However, Hache teaches a ground-supported housing, comprising a weather barrier (expandable walls) provided as of wall panels (wall panels on expandable portion 11; Figs. 3 and 11) attached near an outer perimeter of a roof 13 and adapted to surround and maintain a position outside of side walls 15 and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the wall panels are suitable to surround and maintain a position outside of side walls and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls; Figs. 3 and 11). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the weather barrier wall panels attached near an outer perimeter of the roof to be adapted to surround and maintain a position outside of the side walls and to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of utilizing a known arrangement of expandable wall and roof panels to form the ground-supported housing to protect the interior of the ground-supported housing.
Claim(s) 14-16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of Johnson et al. (US 20040083671) (‘Johnson’) and further in view of Markel (US 3161433).
Claim 14, DE ‘200 provides a housing, comprising:
a roof (annotated Fig. 6 of DE ‘200 shown below in Examiner’s Notes), a floor (annotated Fig. 6), side walls (annotated Fig. 6) attached to the floor (annotated Fig. 6), and at least one door (15; Figs. 5-6) formed within at least one of the side walls (15 is formed within an upper portion of the side walls; Figs. 5-6);
a lift (annotated Fig. 6) installed on a floor of the portable housing by vertical lift support beams (annotated Fig. 6), the lift including a platform (annotated Fig. 6) adapted to move by operation of the lift in a range of vertical positions together with the roof coupled to the platform via a plurality of vertical roof supports (it is understood that the platform is suitable to move by operation of the lift in a range of vertical positions together with the roof coupled to the platform via a plurality of vertical roof supports, as exceedingly broadly claimed; Figs. 5-6; annotated Fig. 6), wherein the platform can be mechanically raised or lowered along the vertical lift support beams with respect to the floor to various vertical positions within the portable housing (the platform is suitable to be mechanically raised or lowered along the vertical lift support beams with respect to the floor to various positions within the portable housing, as exceedingly broadly claimed; Figs. 5-6) thereby creating a second covered storage space between the floor and the platform (annotated Fig. 6 shows two platform areas each having a storage space), wherein the side walls enclose the lift and the platform (annotated Fig. 6); and
a weather barrier (side walls of 16; Figs. 5-6) attached to a perimeter of the roof (Figs. 5-6) to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls (Fig. 6).
wherein the at least one door can be provided in the form at least one of a roll-up door, swing out door, a slide door or hanger door such that opening of the door does not interfere with the lift or areas within the ground-supported housing (under the broadest reasonable interpretation, it is understood that the door—“garage door”—is considered a swing-out door, as the door opens upward to open and does not interfere with the lift or areas within the ground-supported housing; Figs. 5-6).
DE ‘200 does not explicitly teach the housing being portable.
However, Johnson teaches a housing for storing items, including vehicles, wherein the housing is a portable housing ([0027]; Figs. 1-5). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the housing to be a portable housing, with the reasonable expectation of success of being able to relocate the housing to an intended destination, since it has been previously held that making a device portable or movable is within the level of ordinary skill in the art. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) (Fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results.).
In the event that applicant disagrees that DE ‘200 provides such weather barrier, the examiner takes the position that such weather barriers are known in the art. Markel teaches a weather barrier (86, 88, 90, 92) attached near an outer perimeter of a roof 20 to prevent weather elements from entering a ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the fabric material is attached to a perimeter of the roof to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls; col. 3, lines 20-46; Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the housing such that a weather barrier is attached near an outer perimeter of the roof to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the housing.
Claim 15, DE ‘200 further teaches wherein the lift is adapted to enable storage of articles supported by and raised on the lift platform (on one of the platforms; Fig. 6) and a vehicle parked beneath the articles supported by the platform when the platform is raised within the ground-supported housing (annotated Fig. 6).
Claim 16, DE ‘200 further teaches wherein the lift is adapted to enable storage of two vehicles within the ground-supported housing with a first of the two vehicles supported by and raised on the platform and the second vehicle parked beneath the first vehicle and the platform when the platform is raised within the ground-supported housing (see two vehicles on respective platforms shown in annotated Fig. 6).
Claim 18, DE ‘200 further teaches upper wall (portions 14 form a “closed upper shell”; Figs. 5-6) and the roof 16 comprising downwardly extending panels located inwardly of the wall 14 (Figs. 5-6). DE ‘200 does not teach a weather barrier including a fabric material attached to a perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls. However, Markel teaches a ground-supported housing, comprising side walls (42 first, 42 second, 46, 48) and a weather barrier (86, 88, 90, 92) including a fabric material (“waterproof fabric”) attached to a perimeter of a roof 20 and upper interior surfaces of the side walls (note that the connection to the side walls was treated as upper interior surfaces of the side walls) to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls (it is understood that the fabric material is attached to a perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls; col. 3, lines 20-46; Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the ground-supported housing such that a weather barrier including a fabric material is attached to a perimeter of the roof and upper interior surfaces of the side walls to prevent weather elements from entering the ground-supported housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the ground-supported housing.
Claim 19, DE ‘200 further teaches the weather barrier being attached near an outer perimeter of the roof and near upper interior surfaces of the side walls (Figs. 5-6) and presents a weather barrier (walls of 16) up to a maximum raised level of the roof (Figs. 5-6) and is adapted to self-retract into the ground-supported housing when the roof is lowered back into contact with the side walls (it is understood that the weather barrier is suitable to self-retract into the ground-supported housing when the roof is lowered back into contact with the side walls, with the electric motor or hydraulic pump Figs. 5-6). DE ‘200 does not teach the weather barrier being provided as canvas. However, Markel teaches a weather barrier being provided as canvas (Markel “canvas” col. 3, line 39). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the weather barrier to be provided as canvas, with the reasonable expectation of success of utilizing a known roof extension material to protect the interior of the ground-supported housing.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of in view of Johnson et al. (US 20040083671) (‘Johnson’) and Markel (US 3161433) as above and further in view of Hache (US 8484908).
Claim 20, DE ‘200 further teaches a weather barrier comprising downwardly extending walls extending from the horizontal surface of the roof 16. DE ‘200 does not teach the weather barrier being adapted to surround and maintain a position outside of the side walls and to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls. However, Hache teaches a housing, comprising a weather barrier (expandable walls) provided as of wall panels (wall panels on expandable portion 11; Figs. 3 and 11) attached to a perimeter a roof 13 and adapted to surround and maintain a position outside of side walls 15 and to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls (it is understood that the wall panels are suitable to surround and maintain a position outside of side walls and to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls; Figs. 3 and 11). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try modifying the weather barrier wall panels attached to the roof to be adapted to surround and maintain a position outside of the side walls and to prevent weather elements from entering the housing when the roof is in a raised position with respect to the side walls, with the reasonable expectation of utilizing a known arrangement of expandable wall and roof panels to form the housing to protect the interior of the housing.
Examiner’s Notes
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557
601
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Annotated Fig. 6 of DE 4217200 A1 (‘DE ‘200’)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 and 18-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The claims have been amended and the rejections set forth in this instant Office action have been modified relative to those of the previous Office action filed on 8/25/2025. Applicant’s arguments are drawn to the claims as amended.
Rejection of claim(s) 1 and 5-6 under 35 U.S.C. 102(a)(1) as being anticipated by DE 4217200 A1 (‘DE ‘200’).
Re claim 1, applicant’s arguments hinge on the teachings of DE ‘200’s Figs. 1 and 2. However, the embodiment of Figs. 5-6 was relied upon for the rejections in the previous Office action filed on 8/25/2025 as well as the rejections set forth in this instant Office action.
Re claim 1, applicant argues that DE ‘200’s housing is allegedly not ground supported. However, annotated Fig. 6 of DE ‘200 shown above in the Examiner’s Notes section plainly shows the ground being the support (as indicated by dashed line). The fact that DE ‘200’s ground surface is shown to be at least partially excavated does not preclude such surface as being reasonably considered a ground surface. Thus, DE ‘200 meets the claim.
Re claim 1, applicant argues that DE ‘200’s housing is allegedly limited to storing a single car. However, annotated Fig. 6 plainly shows this is not the case, as two vehicles are shown being stored in the housing. Thus, DE ‘200 meets the claim.
Re claim 1, applicant argues that DE ‘200 lacks a roof for protecting vehicles stored on an upper platform. However, annotated Fig. 6 plainly shows a roof 16 located above an upper vehicle stored in the housing. Thus, DE ‘200 meets the claim.
Claims 5-6 stand or fall with claim 1 as above.
Rejection of claim(s) 7-9 under 35 U.S.C. 102(a)(1) as anticipated by DE 4217200 A1 (‘DE ‘200’) or, in the alternative, under 35 U.S.C. 103 as obvious over DE 4217200 A1 (‘DE ‘200’) in view of Markel (US 3161433).
Re claim 7, applicant argues that Markel is allegedly nonanalogous art. In response, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Markel is in the field of the inventor’s endeavor of portable housing structures, in addition to being reasonably pertinent to the particular problem with which the inventor was concerned, including providing a roof covering of a known weather-protective material, including canvas. Thus, DE ‘200 alone, or in combination with Markel meets the claim.
Rejection of claim(s) 2, 4 and 10-12 under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of Markel (US 3161433).
Claims 2, 4 and 10-12 stand or fall with claims 1 and 7 as above, respectively.
Rejection of claim(s) 3 and 13 under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of Hache (US 8484908).
Claims 3 and 13 stand or fall with claims 1 and 7 as above, respectively.
Rejection of claim(s) 14-16 and 18-19 under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of Johnson et al. (US 20040083671) (‘Johnson’) and further in view of Markel (US 3161433).
Claims 14-16 and 18-19 stand or fall with claims 1 and 7 as above.
Rejection of claim(s) 20 under 35 U.S.C. 103 as being unpatentable over DE 4217200 A1 (‘DE ‘200’) in view of in view of Johnson et al. (US 20040083671) (‘Johnson’) and Markel (US 3161433) as above and further in view of Hache (US 8484908).
Claim 20 stands or falls as above with claims 1 and 7.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635