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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/13/2026 has been entered.
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) 1-4, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710.
Regarding claim 1, Banal discloses a portable shelter comprising: a base assembly, the base assembly including a plurality of base frame members (10, 12, 14, 16), the base assembly configured to be disposed on a support surface (the base is capable of being disposed on a ground surface); a wall assembly coupled to the base assembly (see Fig. 2, walls comprising each side of the structure), the wall assembly including a plurality of upstanding walls formed by a plurality of wall panels (22, 24), at least one of the plurality of upstanding walls including a door (38) for providing access to an interior of the outdoor shelter from an outdoor location; and a roof assembly (roof structure as shown in Fig. 2) coupled to the wall assembly, the roof assembly including a plurality of roof frame members (72, 74) and a plurality of roof panel members (78, 80, 82, 84, 86, 88) supported on the roof frame members, the at least the first one of the plurality of roof frame members (74) extending diagonally upwardly from a side of the outdoor shelter to a central roof cover member (90), the at least the second one of the plurality of roof frame members (72) extending diagonally upwardly from a corner of the outdoor shelter to the central roof cover member (as shown in Fig. 2), and the central roof cover member being centrally located within the roof assembly of the outdoor shelter (see Fig. 1); wherein the base assembly, the wall assembly, and the roof assembly collectively define a single room structure configured to be disposed outside of a home (see Fig. 1,generally), but does not specifically disclose at least one of the plurality of wall panels being modular 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, nor at least a first one of the plurality of roof frame members including a flange portion that overlaps an exterior surface of one of the plurality of roof panel members, at least a second one of the plurality of roof frame members having an inverted V-shaped cross-section. Potter teaches at least a first one of the plurality of portable structure frame members (14) including a flange portion (22) that overlaps an exterior surface of one of the plurality of roof panel members (see Fig. 3; per paragraphs 27 and 28, the roof panels are joined in the same manner as the wall panels). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize frame members such as those of Potter to connect adjacent structural panels whilst providing for an added means to prevent precipitation/debris from entering the structure. It would also have been obvious that the roof corner frame members will be of an inverted V-shape to accommodate the ridge portions in the same manner including an outer flange which overlaps an exterior of a panel. Potter also teaches wherein the panels (12) are modular (paragraph 2). 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 structural panels as modular and interchangeable for versatility in assembling a desired structure.
Regarding claim 2, Banal discloses a portable structure, but does not disclose wherein the base assembly further comprises an insulated flooring subassembly, the insulated flooring subassembly including a plurality of flooring layers. Potter teaches wherein the base assembly further comprises an insulated flooring subassembly (12), the insulated flooring subassembly including a plurality of flooring layers (60, 62). 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 insulated flooring assembly such as that of Potter depending on the climate of a site at which the structure is to be erected.
Regarding claim 3, Banal in view of Potter, as modified, discloses a portable structure but does not disclose wherein the plurality of flooring layers includes an upper finished floor layer (Potter upper 62), a middle insulating layer (Potter 60), and a lower base layer disposed underneath the middle insulating layer (Potter lower 62).
Regarding claim 4, Banal discloses a portable structure but does not specifically disclose 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, a middle insulating wall layer, and an interior wall layer disposed on the interior of the outdoor shelter. Potter teaches 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 disposed on the interior of the outdoor shelter (inner 62). 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 insulated wall assembly such as that of Potter depending on the climate of a site at which the structure is to be erected.
Regarding claim 11, Banal discloses a portable structure but does not disclose 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, a middle insulating roof layer, and an interior roof layer disposed on the interior of the outdoor shelter. Potter teaches a 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. 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 insulated roof assembly such as that of Potter depending on the climate of a site at which the structure is to be erected.
Regarding claim 18, Banal discloses a portable structure further comprising a first connector member (component shown at bottom of 74 in Fig. 2) and a second connector member (component shown at the bottom of 72 in Fig. 2), the first connector member coupling the at least the first one of the plurality of roof frame members to the side of the outdoor shelter, and the second connector member coupling the at least the second one of the plurality of roof frame members to the corner of the outdoor shelter (see Fig. 2, generally), but does not specifically disclose the first connector member having a different structural configuration than the second connector member. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the connector members would differ in shape to accommodate the different structural shapes of the structural members.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710 and Ohanesian, U.S. Patent Application Publication 2024/0084593.
Regarding claim 5, the prior art discloses a portable structure, but does not disclose wherein at least another one of the plurality of upstanding walls includes a window, 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 Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710, Ohanesian, U.S. Patent Application Publication 2024/0084593 and Vilhauer, U.S. Patent Application Publication 2021/0310240.
Regarding claim 6, the prior art discloses a portable 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 portable 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 discloses a portable 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 Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710, and Goldenberg et al., U.S. Patent Application Publication 2008/0053623.
Regarding claim 9, the prior art discloses a portable structure with a door but does not 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 portable 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 Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710, and Goulthorpe, U.S. Patent Application Publication 2023/0183975.
Regarding claim 12, the prior art discloses a portable 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 portable 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 Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710, 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, the prior art discloses a portable 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 Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710, and Stephens, Jr. et al., U.S. Patent Application Publication 2014/0033627.
Regarding claim 15, the prior art discloses a portable 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 Banal et al., U.S. Patent Application Publication 2017/0218617 in view of Potter, U.S. Patent Application Publication 2014/0157710, and Palmer, U.S. Patent 5,661,942.
Regarding claim 16, the prior art discloses a portable 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 is allowed.
Claims 19-20 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 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. See rejections as set forth above.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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