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 § 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 10-14 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.
With respect to claim 10, the claim is indefinite because the recitation of “the construction assembly” lacks proper antecedent basis.
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)(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 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carr US 2012/0176011 A1 (hereinafter ‘Carr’).
With respect to claim 9, Carr teaches a modular construction comprising:
at least two modular units (100, 100a);
a connection assembly (105) coupled to each of the at least two modular units; and
a tie connection (112) coupled to each connection assembly coupled to each of at least two modular units (see [0112]),
where the at least two modular units are disposed horizontally adjacent to each other (see fig. 9).
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Batukan US 2023/0228079 A1 (hereinafter ‘Batukan’) in view of Bernardi US 3,716,957 (hereinafter ‘Bernardi’).
With respect to claim 1, Batukan teaches a connection assembly (23) for a modular construction, the assembly comprising:
a cantilever plate (301) disposed between the first modular unit and a second modular unit (see figs. 1 and 3, [0023]);
a cantilever beam (102);
wherein the second modular unit is disposed on top of the first modular unit (see fig. 1).
Batukan is silent regarding the beam details so does not explicitly teach a side plate coupled to a first modular unit or an end plate coupled to the cantilever beam.
Bernardi teaches a connection assembly between a beam and a column comprising a side plate (40) coupled to a first column and wherein the beam comprises an end plate (36).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide side and end plates in the connection assembly of Batukan, as taught by Bernardi in order to create a rigid connection which provides high stiffness and stability to the structure.
With respect to claim 2, the combination of Batukan/Bernardi teaches the claimed invention wherein the side plate is coupled to a vertical surface of a column of the first modular unit (note that the beam of Batukan is coupled to a vertical surface of the column (as seen in fig. 4), therefore the plate of the combination would be coupled to said vertical surface in the same manner that the plate of Bernardi is coupled to a vertical surface of the column, see Bernardi fig. 1) , and wherein the cantilever plate is disposed over a top surface of the column of the first modular unit (see Batukan fig. 4).
With respect to claim 3, the combination of Batukan/Bernardi teaches the claimed invention wherein the end plate coupled to the cantilever beam is removably coupled to the side plate (via bolts 50), and where the cantilever plate is removably coupled to the cantilever beam (via sleeves 304 -Note that the cantilever plate is coupled to the modular unit via the sleeves and fasteners 305, hence it is indirectly coupled to the beam).
With respect to claim 4, the combination of Batukan/Bernardi teaches the claimed invention wherein the cantilever plate disposed between the first and second modular units is disposed across a corresponding cross sectional area of a first column within the first modular unit and a second column within the second modular unit (this is seen in Batukan figs. 3-4).
With respect to claim 5, the combination of Batukan/Bernardi teaches the claimed invention further comprising: at least one means for fastening disposed through the side plate (see Bernardi bolts 50 -see col. 3, ln. 24); and
a tie connection (52) removably coupled to the at least one means for fastening disposed through the side plate.
It is noted that no structure is being claimed for the tie connection other than being removably coupled to the fastenings means, therefore, per broadest reasonable interpretation, the nut of Bernardi is a tie connection.
With respect to claim 6, the combination of Batukan/Bernardi the combination of Batukan/Bernardi teaches the claimed invention wherein the at least one means for fastening disposed through the side plate is also disposed through the end plate coupled to the cantilever beam (see Bernardi fig. 1).
With respect to claim 7, the combination of Batukan/Bernardi teaches the claimed invention wherein the tie connection is configured to rotate about the at least one fastening means disposed through the side plate (the nut rotates about the bolt).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Batukan US and Bernardi as applied to claim 1, and in further view of Parkhouse US 2023/0125829 A1 (hereinafter ‘Parkhouse’).
With respect to claim 8, the combination of Batukan/Bernardi does not explicitly teach the cantilever plate comprises: at least one guide pin; and a cable pin, where the cable pin comprises a shaft defined through its vertical height.
Parkhouse teaches a connection assembly between first and second modular units comprising a cantilever plate (210) comprising a guide pin (225) and a cable pin (211) comprising a shaft defined through its vertical height (see fig. 8).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide alignment and cable pins in the plate of the combination, as taught by Parkhouse, so as to aid in the alignment of the modules when the top modules is being lowered.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Carr as applied to claim 9 and in further view of Batukan and Bernardi.
With respect to claims 10 and 11, Carr does not explicitly teaches the construction assembly coupled each of the at least two modular units comprises: a side plate coupled to one of the at least two modular units; a cantilever plate disposed on top of one of the at least two modular units; and a first plurality of fasteners configured to couple the cantilever plate to a cantilever beam, an end beam coupled to the cantilever beam and a second plurality of fasteners configured to couple the end plate to the side plate.
Batukan teaches a connection assembly (23) for a modular construction, the assembly comprising:
a cantilever plate (301) disposed on top of one of the units (see figs. 1 and 3, [0023]).
Bernardi teaches a connection assembly between a beam and a column comprising a side plate (40), an end plate (36) and a plurality of fasteners configured to couple the end plate coupled to the cantilever beam to the side plate coupled to each of the at least two modular units.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide side and end plates in the connection assembly of Batukan, as taught by Bernardi in order to create a rigid connection which provides high stiffnes and stability to the structure.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide in the connection assembly of the combination of Batukan/Bernardi in the modular assembly of Carr in order to create a rigid connection which provides high stiffness and stability to the structure.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Carr, Batukan and Bernardi as applied to claim 10, and in further view of Parkhouse.
With respect to claim 14, the combination does not explicitly teach the cantilever plate comprises: at least one guide pin; and a cable pin, where the cable pin comprises a shaft defined through its vertical height.
Parkhouse teaches a connection assembly between first and second modular units comprising a cantilever plate (210) comprising a guide pin (225) and a cable pin (211) comprising a shaft defined through its vertical height (see fig. 8).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide alignment and cable pins in the plate of the combination, as taught by Parkhouse, so as to aid in the alignment of the modules when the top module is being lowered.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Burgess et al. US 2019/0136504 A1 (hereinafter ‘Burgess’) in view of Parkhouse.
With respect to claim 15, Burgess teaches a modular assembly comprising:
a first modular unit (202) horizontally adjacent to a second modular unit (201, see fig. 2);
a third modular unit stacked on top of the cantilever plate (fig. 9 and [0040]); and
a tie connector (400) coupled to at least one fastener (405) disposed on the first modular unit and to at least one fastener (other 405) disposed on the second modular unit (see fig. 4).
Burgess does not explicitly teach a cantilever plate on a top surface of the first and second modular units.
Parkhouse teaches a connection assembly between first and second modular units comprising a cantilever plate (210) on a top surface of the first and second modular units.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a cantilever plate on a top surface of the units of Burgess, as taught by Parkhouse, so as to aid in the alignment of the modules when the top modules is being lowered.
The examiner takes the position that the method of claim 9 is necessitated by the device of the combination as the units are disposed and stacked as claimed and the tie connector is coupled as claimed.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Burgess and Parkhouse as applied to claim 15 and in further view of Austin et al. US 2022/0251829 A1 (hereinafter ‘Austin’).
With respect to claim 16, the combination does not explicitly teach a compressible pad disposed between the first and second modular units
Austin teaches a connection assembly between first and second modular units (408/410) comprising a compressible pad (402) disposed therebetween (see fig. 4 and [0038]).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a compressible pad between the units of the combination, as taught by Austin so as to enhance the fire-resistant properties of the structure.
Allowable Subject Matter
Claims 12-13 are 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.
With respect to claim 12, the prior art of record does not teach or suggests a modular construction comprising at least two units disposed horizontally adjacent to each other comprising a tie connection coupled to each connection assembly of the units. Wherein each connection assembly comprises a side plate, an end plate, a cantilever plate as recited within the context of the claims and wherein the tie connection is coupled to at least two fasteners configured to couple the end plate of the cantilever beam to the side plates of the units.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/PAOLA AGUDELO/Primary Examiner, Art Unit 3633