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 Objections
Claim 1 is objected to because of the following informalities: Line 6 recites “upstanding edges”, however an “upstanding ledge” was introduced. 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 9-10 and 14-16 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.
Claims 9, 10 and 15 recited the limitation “combination(s) thereof”. The limitation is deemed to be indefinite as the various combinations have not been disclosed rending the scope of the claim unascertainable.
Claim 14 recites the limitation "the joints or gaps". There is insufficient antecedent basis for this limitation in the claim. Claims are examined as best understood.
Claim 16 recites, 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
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson (U.S. Patent No. 3,341,987).
Regarding claim 1, Johansson discloses a collapsible enclosure assembly (Figs. 4-5), comprising at least a base (2, 2’) defined by a plurality of peripheral sides; at least an upstanding ledge (6) is perpendicularly formed on sides of the base (5); a plurality of walls (8, 10); the plurality of walls (8, 10) is interconnecting with the upstanding ledge (6) or the base (2, 2’) via at least a connecting means (1);characterized in that one of the plurality of walls (8, 10) is a left wall (8, 10), wherein the left wall (8, 10) comprises at least two left panels (8, 10) wherein the first left panel's bottom side (8) is joined with the left upstanding ledge (6) and the first left panel's top side is joined with the second left panel (10) with at least an additional connecting means (1); one of the plurality of walls (8, 10) is a right wall (8, 10), wherein the right wall (8, 10) comprises at least two right panels (8, 10) wherein the first right panel's bottom side (8) is joined with the right upstanding ledge (6) and the first right panel's top side is joined with the second right panel (10) with at least an additional connecting means (1); the connecting means (1) is a hinge, enabling the plurality of walls (8, 10) foldable from a compact configuration to an operative configuration or from an operative configuration to a compact configuration; the collapsible enclosure assembly (Figs. 4 and 5) further comprising a roof system (12) dimensioned to operatively engage the plurality of walls (8, 10) in the operative configuration to enclose the plurality of walls (8, 10), forming the enclosure assembly (Figs. 4 and 5). Johansson discloses the upstanding ledge as set forth above, but does not disclose the ledge being formed on at least three peripheral sides. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an upstanding ledge along the perimeter of the base to help support wall panels along the perimeter above the floor and base.
Regarding claim 2, Johansson discloses a collapsible enclosure assembly (Figs. 4-5), comprising at least a base (2, 2’) defined by four peripheral sides; at least an upstanding ledge (6) is perpendicularly formed on sides of the base (2, 2’);a plurality of walls (8, 10) comprising a front wall (4), a left wall (8, 10), a right wall (8, 10) and a rear wall (4); at least a connecting means (1) interconnecting the left wall (8, 10), the right wall (8,10), the rear wall (4) and the respective upstanding ledges (6) respectively; characterized in that the left wall (8, 10) comprises at least two left panels (8, 10) wherein the first left panel's bottom side (8) is joined with the left upstanding ledge (6) and the first left panel's top side is joined with the second left panel (10) with at least an additional connecting means (1); the right wall (8, 10) comprises at least two right panels (8, 10) wherein the first right panel's bottom side is joined with the right upstanding ledge (6) and the first right panel's top side is joined with the second right panel (10) with at least an additional connecting means (1); the front wall (4) is joined with the front peripheral side of the base (2, 2’) with at least an additional connecting means (1); the connecting means (1) is a hinge, enabling the plurality of walls (8, 10) foldable from a compact configuration to an operative configuration or from an operative configuration to a compact configuration; the collapsible enclosure assembly (Figs. 4-5) further comprising a roof system (12) dimensioned to operatively engage the plurality of walls in the operative configuration to enclose the plurality of walls (8, 10), forming the enclosure assembly (Figs. 4-5). Johansson the upstanding ledge as set forth above, but does not disclose the ledge being formed on three peripheral sides. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an upstanding ledge along the perimeter of the base to help support wall panels along the perimeter above the floor and base.
Regarding claim 3, Johansson discloses the base (2, 2’) of the collapsible enclosure assembly (Figs. 4-5) is subdivided into left and right base panels (2, 2’), wherein the left and right base panels (2, 2’) is joined with each other by at least a joining means (1).
Regarding claim 5, Johansson discloses said roof system (12) is subdivided into left and right roof panels (Figs. 4 and 5), wherein said the left and right roof panels is joined with each other by at least a joining means (1).
Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson (U.S. Patent No. 3,341,987) in view of LeBlanc (U.S .Patent No. 4,696,132).
Regarding claim 4, Johansson discloses the joining means as set forth above, but does not disclose the joining means as being a mortise and tenon joint, comprising at least a projection formed on either left or right base panel to be snap fitted into at least a corresponding recess formed on either left or right base panel. However, LeBlanc teaches that it is known to have a collapsible structure (10, Figs. 6-8) with joining means (52) being a mortise and tenon joint, comprising at least a projection formed on either left or right base panel to be snap fitted into at least a corresponding recess formed on either left or right base panel to help facilitate the easy connection between two members.
Regarding claim 6, Johansson discloses a joining means as set forth above, but does not disclose the joining means as being a mortise and tenon joint, comprising at least a projection formed on either left or right roof panels to be snap fitted into at least a corresponding recess formed on either left or right roof panels. However, LeBlanc teaches that it is known to have a collapsible structure (10, Figs. 6-8) with joining means (94) being a mortise and tenon joint, comprising at least a projection formed on either left or right base panel to be snap fitted into at least a corresponding recess formed on either left or right base panel to help facilitate the easy connection between two members.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson (U.S. Patent No. 3,341,987) in view of Hoddinott (U.S .Publication No. 2022/0228361).
Regarding claim 7, Johansson discloses the collapsible enclosure as set forth above, but does not disclose at least a first fastening means being provided to at least a corner of the collapsible enclosure assembly in the operative configuration. However, Hoddinott teaches it is known to have a collapsible enclosure (Figs. 1 and 14) having a first fastening means (11) provided to a corner of the collapsible enclosure in the operative configuration to help secure two adjoining sections together.
Regarding claim 8, Johansson discloses the collapsible enclosure as set forth above, but does not disclose a second fastening means provided to fasten the roof system (13) with the plurality of walls, to fasten the plurality of walls with the respective upstanding ledges or the base, and to fasten the first panel with the second panel of the left wall and right wall, in the operative configuration. However, Hoddinott teaches that it is known to have second fastening means (14) that helps fasten the roof system with the plurality of walls (Fig. 11) and the plurality of walls with respective upstanding leges and a first wall panel to a second wall panel (Fig. 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to have utilized a secondary fastening means to help ensure that the members are secure.
Regarding claim 9, Hoddinott further discloses the first fastening means (11) includes angle bracket (Fig. 1).
Regarding claim 10, Hoddinott further discloses wherein the second fastening means (14) includes a clasp assembly (considered to be the rotating connecting plate).
Regarding claim 11, Johansson discloses the collapsible enclosure as set forth above, but does not disclose wherein at least a cut-out is formed in at least a wall for installation of at least a window or door. However, Hoddinott teaches it is known to have collapsible enclosure wherein at least a cut-out for a window and/or door installation is formed (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 have a collapsible enclosure that will be used for a dwelling space to have cut outs for windows or doors to for the allowance of natural light and the ability for entrance and exiting.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson (U.S. Patent No. 3,341,987) in view of Harvey (U.S. Publication No. 2007/0209294).
Regarding claims 12 and 13, Johansson discloses the collapsible enclosure as set forth above, but does not disclose wherein at least a detachable cooling means and at least a temperature gauge are provided to the enclosure assembly in an operative configuration. However, Harvey et al. teaches that it is known to supply an air conditioner system to a collapsible structure to help regulate the temperature of the enclosure (Para[0030]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided an air conditioning system having a temperature gauge to help regulate the temperature of the enclosure.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johansson (U.S. Patent No. 3,341,987) in view of Lopez et al. (U.S .Publication No. 2010/0018130).
Regarding claims 14-16, Johansson discloses the enclosure assembly having joints or gaps (Figs. 1-6), but does not disclose the joints or gaps are supplied with at least a removable or detachable sealing means in an operative configuration. However, Lopez et al. teaches that it is known to have a collapsible enclosure wherein a sealant such as a Silastic is applied to help seal the joints (Para [0084]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a silicone sealant to seal joints or gaps within the structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633