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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-2 in the reply filed on 08 December 2025 is acknowledged. The traversal is on the ground(s) that Inventions I and II are not two separate inventions. This is not found persuasive because the reason for the restriction was that the combination did not require all the particulars of the subcombination.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 8,413,403 to Walker et al.
Regarding claim 1, Walker teaches in Figure 4, an exterior joint system (14) [unit frame (Column 3, Line 7)] for a modular building unit (Column 1, Line 14) forming a portion of a building (Column 3, Line 21), the building having other modular building units [curtainwall system (Column 3, Line 6)], the exterior joint system (14) comprising: an elongate, upper frame member (20 upper) configured to be attached to an upper structural member [see Figure 13] of the modular building unit (Column 1, Line 14), the upper frame member (20 upper) including a first weather-proofing interface (55) configured to engage a first exterior joint system (14) of a first other modular building unit (Column 6, Line 12) to form a seal (Column 6, Line 19) with the first exterior joint system (14) when the upper frame member (20 upper) is attached to the modular building unit (Column 1, Line 14) and the modular building unit (Column 1, Line 14) is positioned adjacent the first other modular building unit (Column 6, Line 12); an elongate, lower frame member (20 lower) configured to be attached to a lower structural member [see Figure 13] of the modular building unit (Column 1, Line 14), the lower frame member (20 lower) including a second weather-proofing interface (55) configured to engage a second exterior joint system (14) of a second other modular building unit (Column 6, Line 12) to form a seal (Column 6, Line 19) with the second exterior joint system (14) when the lower frame member (20 lower) is attached to the modular building unit (Column 1, Line 14) and the modular building unit (Column 1, Line 14) is positioned adjacent the second other modular building unit (Column 6, Line 12); an elongate, first side frame member (22 left) configured to be attached to a first side structural member [see Figure 12] of the modular building unit (Column 1, Line 14), the first side frame member (22 left) including a third weather-proofing interface (54) configured to engage a third exterior joint system (14) of a third other modular building unit (Column 5, Line 65) to form a seal (Column 6, Line 4) with the third exterior joint system (14) when the first side frame member (22 left) is attached to the modular building unit (Column 1, Line 14) and the modular building unit (Column 1, Line 14) is positioned adjacent the third other modular building unit (Column 5, Line 65); and an elongate, second side frame member (22 right) configured to be attached to a second side structural member [see Figure 12] of the modular building unit (Column 1, Line 14), the second side frame member (22 right) including a fourth weather-proofing interface (54) configured to engage a fourth exterior joint system (14) of a fourth other modular building unit (Column 5, Line 65) to form a seal (Column 6, Line 4) with the fourth exterior joint system (14) when the second side frame member (22 right) is attached to the modular building unit (Column 1, Line 14) and the modular building unit (Column 1, Line 14) is positioned adjacent the fourth other modular building unit (Column 5, Line 65); the upper (20 upper) and lower (20 lower) frame members configured to connect to and extend between the respective first (22 left) and second (22 right) frame members, such that the upper (20 upper), lower (20 lower), first side (22 left) and second side (22 right) frame members define a façade opening [in-fill (Column 3, Line 27)] sized and shaped to receive a portion of a façade (10) [cassette (Column 3, Line 8)] of the building.
Regarding claim 2, Walker teaches in Figures 12 and 13, each weather-proofing interface (54 and 55) of the upper (20 upper), lower (20 lower), first side (22 left) and second side (22 right) frame members is configured to overlap the first, second, third, or fourth exterior joint systems (14).
Regarding claim 3, Walker teaches in Figure 13, each weather-proofing interface (55) of the upper and lower frame members (20) is configured to vertically overlap the respective first or second exterior joint systems (14), and Figure 12 shows each weather-proofing interface (54) of the first and second side frame members (22) is configured to horizontally overlap the respective third or fourth exterior joint systems (14).
Regarding claim 4, Walker teaches in Figures 12 and 13, each weather-proofing interface (54 and 55) of the upper (20 upper), lower (20 lower), first side (22 left) and second side (22 right) frame members includes at least one of a lip [as seen] arranged to extend into a recess [as seen] of the respective first, second, third, or fourth exterior joint system (14).
Regarding claim 5, Walker teaches in Figures 12 and 13, one or more of the weather-proofing interfaces (54 and 55) of the upper and lower (20) and first side and second side (22) frame members includes a weather strip [as seen] arranged to engage the first, second, third, or fourth exterior joint system (14).
Regarding claim 6, Walker teaches in Figures 12 and 13, the weather strip of the weather-proofing interfaces (54 and 55) comprises a resiliently compressible bulb gasket (Column 5, Lines 8-19).
Regarding claim 7, Walker teaches the gasket has a height of at least 1.75 inches (Column 6, Lines 20-21).
Regarding claim 8, Walker teaches in Figure 13, the first weather-proofing interface (55) of the upper frame member (20) defines a recess [as seen] having an open top arranged to face generally upward when the upper frame member (20) is attached to the modular building unit [as seen]; the second weather-proofing interface (55) of the lower frame member (20) includes a lip [as seen] arranged to extend generally downward when the lower frame member (20) is attached to the modular building unit [as seen]; Figure 12 shows the third weather-proofing interface (54) of the first side frame member (22) includes a lip [as seen] arranged to extend generally outward when the first side frame member (22) is attached to the modular building unit [as seen]; and the fourth weather-proofing interface (54) of the second side frame member (22) defines a recess [as seen] having an open second side arranged to face generally outward when the second side frame member (22) is attached to the modular building unit [as seen].
Regarding claim 9, Walker teaches in Figure 13, the first weather-proofing interface (55) of the upper frame member (20) includes a weather strip [as seen] disposed in the recess [as seen] of the first weather-proofing interface (55) of the upper frame member (20), the weather strip arranged to engage the first exterior joint system (14); the second weather-proofing interface (55) of the lower frame member (20) includes a weather strip [as seen] arranged to engage the second exterior joint system (14); and Figure 12 shows the fourth weather-proofing interface (54) of the second side frame member (22) includes first and second weather strips [as seen] disposed in the recess [as seen] of the fourth weather-proofing interface (54) of the second side frame member (22), the first and second weather strips of the first and second weather-proofing interface (55) arranged to engage the fourth exterior joint system (14).
Regarding claim 10, Walker teaches in Figure 13, the first weather-proofing interface (55) of the upper frame member (20) includes a lip [as seen] arranged to extend generally upward when the upper frame member (20) is attached to the modular building unit (14); the second weather-proofing interface (55) of the lower frame member (20) defines a recess [as seen] having an open bottom arranged to face generally downward [as seen] when the lower frame member (20) is attached to the modular building unit (14); Figure 12 shows the third weather-proofing interface (54) of the first side frame member (22) defines a recess [as seen] having an open first side arranged to face generally outward [as seen] when the first side frame member (22) is attached to the modular building unit (14); and the fourth weather-proofing interface (54) of the second side frame member (22) includes a lip [as seen] arranged to extend generally outward [as seen] when the second side frame member (22) is attached to the modular building unit (14).
Regarding claim 11, Walker teaches in Figure 13, each of the upper and lower frame member (20) and Figure 12 shows each of the first and second side frame members (22) includes a mounting bracket (16) configured to be attached to the respective upper and lower (20) and first or second side (22) structural members.
Regarding claim 12, Walker teaches in Figure 13, the upper and lower frame members (20), and Figure 13 shows the first and second frame members (22) are configured to maintain a seal (Column 6, Lines 1 and 16) with the first, second, third and fourth modular building units (14) as the first, second, third and fourth modular building units (14) move [structural deflection (Column 1, Line 25)] with respect to each other as assembled into the building (Column 3, Line 21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635