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) 1-4, 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter et al., U.S. Patent Application Publication 2014/0157710.
Regarding claim 1, Potter discloses a habitable structure comprising: a base assembly (the floor, paragraph 28), the base assembly including a plurality of base frame members (14; paragraph 28), the base assembly configured to be disposed on a support surface (16); a wall assembly (see Fig. 1) coupled to the base assembly, the wall assembly including a plurality of upstanding walls formed by a plurality of wall panels (12), at least one of the plurality of upstanding walls including a door (paragraph 32) for providing access to an interior of the outdoor shelter from an outdoor location, and at least one of the plurality of wall panels being modular (paragraph 2) and interchangeable so as to allow the at least one of the plurality of wall panels to be installed in different wall positions around a perimeter of the outdoor shelter; and a roof assembly (see Fig. 1; paragraph 27) coupled to the wall assembly, the roof assembly including a plurality of roof frame members (14) and a plurality of roof panel members (12) supported on the roof frame members, at least one of the plurality of roof frame members including a flange portion (22) that overlaps an exterior surface of one of the plurality of roof panel members (see Fig. 3); wherein the base assembly, the wall assembly, and the roof assembly collectively define a single room structure (see Fig. 1) configured to be disposed outside of a home. The phrases “configured to be disposed on a support surface,” “for providing access to an interior of the outdoor shelter from an outdoor location,” “interchangeable so as to allow the at least one of the plurality of wall panels to be installed in different wall positions around a perimeter of the outdoor shelter” and “configured to be disposed outside of a home” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 2, Potter discloses a habitable structure wherein the base assembly further comprises an insulated flooring subassembly (12), the insulated flooring subassembly including a plurality of flooring layers (62, 60, 62).
Regarding claim 3, Potter discloses a habitable structure wherein the plurality of flooring layers includes an upper finished floor layer (upper 62), a middle insulating layer (60), and a lower base layer disposed underneath the middle insulating layer (lower 62).
Regarding claim 4, Potter discloses a habitable structure wherein one or more of the plurality of wall panels comprise a plurality of wall layers, the plurality of wall layers include an outer wall layer (outer 62), a middle insulating wall layer (60), and an interior wall layer (inner 62) disposed on the interior of the outdoor shelter.
Regarding claim 11, Potter discloses a habitable structure wherein one or more of the plurality of roof panel members comprise a plurality of roof layers, the plurality of roof layers include an outer roof layer (upper 62), a middle insulating roof layer (60), and an interior roof layer (lower 62) disposed on the interior of the outdoor shelter.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Ohanesian, U.S. Patent Application Publication 2024/0084593.
Regarding claim 5, Potter discloses a habitable structure wherein at least another one of the plurality of upstanding walls includes a window (claim 9), but does not disclose the window including a window frame and double-pane glass disposed within the window frame. Ohanesian teaches an upstanding wall with a window frame (Fig. 19) in addition to an upstanding wall including a door (see Fig. 1, generally). 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 wall having a window in addition to a wall having a door in accordance with a user's desire for placement, as it is known in the art for a habitable structure to include windows and doors. It would also have been obvious to utilize a double pane glass for the window to protect/insulate against the elements depending on the climate of the assembly site, as double paned windows in a habitable structure is well known in the art.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Ohanesian, U.S. Patent Application Publication 2024/0084593 and Vilhauer et al., U.S. Patent Application Publication 2021/0310240.
Regarding claim 6, Potter in view of Ohanesian discloses a habitable structure including a window, but does not specifically disclose wherein the window is configured to pivot open at an angle that shields the window opening from rainfall and other precipitation. Vilhauer teaches wall panel including an awning window (paragraph 17). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize an awning window which swings open according to a user's desire for window functionality/aesthetics, as they are well known in the art. The window will then be capable of pivoting open at an angle that shields the window opening from rainfall and other precipitation. The phrase "configured to pivot open at an angle that shields the window opening from rainfall and other precipitation" is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 7, the prior art discloses a habitable structure including a window, but does not specifically disclose wherein the window further comprises a retractable window screen for allowing airflow therethrough, but preventing bugs and other pests from entering the interior of the outdoor shelter. Vilhauer teaches wall panel including a window with a retractable screen (paragraph 17). 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 retractable screen according to a user's desire for window functionality/aesthetics, as they are well known in the art. The window will then allow airflow therethrough, but preventing bugs and other pests from entering the interior of the outdoor shelter. The phrase "for allowing airflow therethrough, but preventing bugs and other pests from entering the interior of the outdoor shelter" is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 8, the prior art as modified discloses a habitable structure including a window, but does not specifically disclose wherein the window further comprises a retractable blind for providing privacy and/or light filtering in the interior of the outdoor shelter. Vilhauer teaches wall panel including a window with motorized blinds (paragraph 22). 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 retractable blinds accessory according to a user's desire for window functionality/aesthetics as they are known in the art. The window will then be capable of providing privacy. The phrase "for providing privacy and/or light filtering in the interior of the outdoor shelter" is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Goldenberg et al., U.S. Patent Application Publication 2008/0053623.
Regarding claim 9, Potter discloses a habitable structure with a door but does not specifically disclose wherein the door in the at least one of the plurality of upstanding walls is in a form of a double-door, the double-door including a pair of door frames with double-pane glass panels disposed within the door frames. Goldenberg teaches a double glass door (Fig. 29). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce the door as French doors such as those of Goldenberg's doors according to a user's desire for door/accessibility functionality/aesthetics, as they are known in the art.
Regarding claim 10, the prior art as modified discloses a habitable structure wherein the door further comprises a door handle (see Goldenberg Fig. 29), but does not disclose a door lock for securing the interior of the outdoor shelter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the door will comprise a lock, as it is notoriously well-known in the art to include a lock on an exterior door. It would also have been obvious to utilize a double pane glass for the window to protect/insulate against the elements depending on the climate of the assembly site, as double paned windows in a habitable structure is well known in the art.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Goulthorpe., U.S. Patent Application Publication 2023/0183975.
Regarding claim 12, Potter discloses a habitable structure, but does not disclose specifically wherein one or more of the plurality of wall panels is provided with predrilled holes for accommodating a wall-mounted television, a wall-mounted air conditioning unit, artwork, and/or a mirror. Goulthorpe teaches it is well known for a building having wall brackets for a television (paragraph 20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide holes in the wall panels prior to the building assembly to accommodate wall brackets for a user to hang a tv to simplify the assembly process for a user. The phrase "for accommodating a wall-mounted television, a wall-mounted air conditioning unit, artwork, and/or a mirror" is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 13, the prior art as modified discloses a habitable structure further comprising a mounting bracket (Goulthorpe, paragraph 20) disposed on the one or more of the plurality of wall panels, the mounting bracket configured to support the wall-mounted television, the wall-mounted air conditioning unit, the artwork, and/or the mirror on the one or more of the plurality of wall panels. The phrase "configured to support the wall-mounted television, the wall-mounted air conditioning unit, the artwork, and/or the mirror on the one or more of the plurality of wall panels" is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Stephens, Jr. et al., U.S. Patent Application Publication 2014/0033627 and Kim et al., U.S. Patent Application Publication 2022/0260261.
Regarding claim 14, Potter discloses a habitable structure but does not specifically disclose wherein one or more of the plurality of wall panels is provided with a duct opening that extends from an interior surface of the one or more of the plurality of wall panels to an exterior surface of the one or more of the plurality of wall panels, the duct opening accommodating a duct of an air conditioning unit vented to an exterior of the outdoor shelter, the duct opening being closer to a floor of the outdoor shelter than a ceiling of the outdoor shelter. Stephens teaches an access port (121) for accommodating conduits (paragraph 55). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an access port through which a conduit can be run in order to provide HVAC to the structure’s interior without the need to permanently alter the structure. Kim teaches a structure utilizing a portable air conditioning unit utilizing a vent which extends from an exterior to an interior of the structure (see Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize an air conditioner in such a manner to provide HVAC to the structure’s interior without the need to permanently alter the structure. It would also have been obvious to locate the access port near a bottom of a wall panel to minimalize the length of conduit on an exterior of the building for an aesthetic preference.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Stephens, Jr. et al., U.S. Patent Application Publication 2014/0033627.
Regarding claim 15, Potter discloses a habitable structure but does not specifically disclose wherein one or more of the plurality of wall panels is provided with an access port that extends from an interior surface of the one or more of the plurality of wall panels to an exterior surface of the one or more of the plurality of wall panels, the access port accommodating a power cable routed to an exterior of the outdoor shelter, the access port being closer to a floor of the outdoor shelter than a ceiling of shelter, the access port being closer to a floor of the outdoor shelter than a ceiling of the outdoor shelter. Stephens teaches an access port (121) for accommodating electrical wires (paragraph 55). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an access port through which an electrical conduit is run in order to provide electricity to the structure’s interior without the need to permanently alter the structure. It would also have been obvious to locate the access port near a bottom of a wall panel to minimalize the length of conduit on an exterior of the building for an aesthetic preference.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al., U.S. Patent Application Publication 2014/0157710 in view of Palmer, U.S. Patent 5,661,942.
Regarding claim 16, Potter discloses a habitable structure, but does not disclose wherein the base assembly further comprises a plurality of base foot members attached to the plurality of base frame members, the plurality of base foot members configured to be disposed on the support surface. Palmer teaches a plurality of base foot members (135) in a habitable structure. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize such foot members on the base members to accommodate an uneven surface at a placement site.
Allowable Subject Matter
Claim 17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The closest prior art of record fails to disclose or make obvious an outdoor shelter including all of the claimed structural components in combination with a foot member placement as claimed.
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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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633