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
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 10, 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Musilli, JR. et al. (US2023/0156973).
For claim 1, Musilli, JR. et al. discloses a multi-use building system (fig. 2) located in an exterior environment, the system comprising: a first building module (upper 215); a second building module (lower 215) ‘for agricultural use’ (intended use recitation treated in accordance with MPEP 2114), the second building module located above the first building module; and a connecting layer (220) for connecting the first building module and the second building module, the connecting layer comprising a support structure for supporting the second building module and establishing fluid communication between an interior plenum of the connecting layer and the exterior environment (removal of exhaust air 210), wherein the first building module and the second building module are each independently environmentally enclosed [0040].
For claim 2, Musilli, JR. et al. discloses that the first building module is for light industrial or commercial use [0002].
For claim 3, Musilli, JR. et al. discloses that the connecting layer comprises a perimeter structure with one or more vents, the perimeter structure defining the interior plenum ([0044] air vents 220).
For claims 4-5, Musilli, JR. et al. discloses that the connecting layer further comprises one or more air handling units which is a fan ([0047] fan).
For claim 10, Musilli, JR. et al. discloses that each of the first building module and the second module comprises one or more of an independent heating system, an independent ventilation system, an independent air conditioning system, an independent water distribution system, and an independent drainage system (each module has an air conditioning system [0042]).
For claim 12, Musilli, JR. et al. discloses a method for constructing a multi-use building (fig. 2) in an exterior environment comprising: constructing a first building module (upper 215); constructing a connecting layer (220) for positioning on top of the first building module, wherein the connecting layer defines an interior plenum; and constructing a second building module (lower 215) for positioning on the connecting layer, wherein the first building module and the second building module are each independently environmentally enclosed [0040], and wherein the connecting layer is for supporting the second building module and establishing fluid communication between the interior plenum and the exterior environment (removal of exhaust air 210).
For claim 13, Musilli, JR. et al. discloses that the first building module is for light industrial or commercial use [0002].
For claim 14, Musilli, JR. et al. discloses forcing airflow through the interior plenum ([0047], exhaust fan)
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) 6 are rejected under 35 U.S.C. 103 as being unpatentable over Musilli, JR. et al. (US2023/0156973).
For claim 6, Musilli, JR. et al. discloses the use of a filter [0077] and it would be obvious to use the filter in the air handling units to filter out debris from the air handling system.
Claim(s) 7-8, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Musilli, JR. et al. (US2023/0156973) in view of Klopfenstein et al. (US2019/0249890).
For claim 7, Musilli, JR. et al. does not disclose that the support structure comprises a plurality of posts.
Klopfenstein et al. discloses the obviousness of using support structures (fig. 2, 14) in a connecting layer of a building, wherein the support structures are posts [0012].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to add posts to the support structure of Musilli, JR. et al. as made obvious by Klopfenstein et al. to increase the strength of the connecting layer.
For claim 8, the combination discloses the obviousness of making the support structure comprises a plurality of joists/posts arranged to define an airflow channel within the interior plenum (Klopfenstein et al. fig. 2, 14).
For claims 15-19, the combination discloses the obviousness of providing a HVAC system in the plenum (Klopfenstein et al. [0004] under floor HVAC system) and it would be obvious to heat air within the interior plenum, cool air in the interior plenum, dehumidify air in the interior plenum, maintain positive air pressure in the interior plenum and filter air in the interior plenum since the HVAC system is located in the interior plenum to treat the air before recirculating it or removing it from the system.
Claim(s) 9, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Musilli, JR. et al. (US2023/0156973) in view of Poston (US2010/0327069).
For claims 9 and 20, Musilli, JR. et al. does not explicitly disclose that the connecting layer comprises a drainage system.
Poston discloses the obviousness of adding a drainage system (265) to an air-conditioning system [0025].
It would be obvious to one having ordinary skill in the art before the effective filing date of the application to add a drainage system to the connecting layer of Musilli, JR. et al. as made obvious by Poston to remove moisture that might accumulate in the connecting layer.
Claim(s) 11 are rejected under 35 U.S.C. 103 as being unpatentable over Musilli, JR. et al. (US2023/0156973) in view of Crawford et al. (US2010/0327069).
For claim 11, Musilli, JR. et al. does not disclose that the first and second building modules are each insulated from the exterior environment.
Crawford et al. discloses a module (fig. 1) and the obviousness of insulating the module from the exterior environment [0047].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to insulate the first and second building modules of Musilli, JR. et al. as made obvious by Crawford et al. to increase the durability of the module and conserve energy.
Conclusion
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/JOSHUA K IHEZIE/Primary Examiner, Art Unit 3633