DETAILED ACTION
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) 1, 2, 4-6, 15-17, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neiman et al. (U.S. 20200327759) in view of Landers et al. (U.S.20160019514).
In re Claim 1 Neiman teaches a portable building structure for a business with a plurality of interior attachment points, wherein the plurality of interior attachment points includes: a first portion of the plurality of interior attachment points configured to secure equipment to an interior portion of the portable building structure when the equipment is in use; a second portion of the plurality of interior attachment points configured to further secure the equipment to the interior portion of the portable building structure during transportation of the portable building structure. The examiner notes that The term attachment point is very broad and can refer to almost any location of attachment. For instance, a fixed counter (192) has obvious points of attachment along the floor and wall of the interior. Gate (172) would likewise have structure secured to the floor. Figure 1 of Neiman show corner fittings at the top and bottom of the shipping container Those at the top are a first portion of the plurality of exterior attachment points that are capable of enabling the portable building structure to be lifted off a ground surface by a crane prior to transportation. The bottom corner fittings are the second portion of the plurality of exterior attachment points that are capable of serving as anchor points to enable the portable building structure to be secured to a vehicle for transportation. (Figures 1-4, annotated Figure)
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Should the applicant dispute this, the examiner offers as evidence, Abrams et al (U.S. 20080134589) which teaches that the four lower corner fittings (32) serve to secure cargo containers on vehicles, including seafaring ships as well as trains, trucks and aircraft. The four upper corner fittings (32) are specifically adapted for engagement with typical hoisting gear, such as crane hooks or spreaders. (Paragraph 180, Figures 1, 10)
Neiman does not teach a computing device configured to track at least one user within the portable building structure, wherein the computing device is further configured to determine whether the at least one user has taken an object from a first location within the portable building structure and placed it in a second location within the portable building structure.
Landers teaches a computing device (20) and cameras (14) configured to track at least one user within the portable building structure, wherein the computing device is further configured to determine whether the at least one user has taken an object from a first location within the portable building structure and placed it in a second location within the portable building structure. (Figures 1-6, Abstract, Paragraph 0031)
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to incorporate the teachings of Landers in to the portable business of Neiman, to facilitate inventory tracking and availability as a customer proceeds through the store and to the checkout.
In re Claim 2 and 16 Neiman modified by Landers has been previously discussed. Neiman teaches the first portion of the plurality of interior attachment points configured to secure the equipment to the interior portion of the portable building structure when the equipment is in use includes at least one of a plurality of barriers extending from at least one wall of the portable building structure and at least one channel securing a portion of the equipment to the at least one wall of the portable building structure. As was stated previously, the counter (192) extends from at least one wall of the building and the point of connection to that wall, or the floor is an attachment point. Furthermore, interior walls that are connected to exterior walls are well known in the art and the examiner takes official notice of this. Such walls allow for the subdivision of an interior space.
In re Claim 4-6, 17, and 19-20 Neiman modified by Landers has been previously discussed. As was noted, the first portion of the plurality of exterior attachment points/upper corner fitting configured/capable of allowing the portable building structure to be lifted off the ground surface prior to transportation includes one or more lift attachments such as crane hooks or spreaders. The second portion/lower corner fitting of the plurality of exterior attachment points configured to enable the portable building structure to be secured to the vehicle for transportation and are positioned at or within the building perimeter. While Neiman does not specifically teach that these attachment points are rings, the access ports (34) in corner fittings (32) (Abrams) could be considered rings or ring analogs.
This examiner takes official notice that attachment rings are well know for use as anchor and attachment points. It would therefore be obvious to one of ordinary skill in the art to prior to the effective filing date to substitute one know type of anchor for another.
In re Claim 15, Neiman teaches a portable building structure for a business with a plurality of interior attachment points, wherein the plurality of interior attachment points includes: a first portion of the plurality of interior attachment points configured to secure equipment to an interior portion of the portable building structure when the equipment is in use; a second portion of the plurality of interior attachment points configured to further secure the equipment to the interior portion of the portable building structure during transportation of the portable building structure. The examiner notes that The term attachment point is very broad and can refer to almost any location of attachment. For instance, a fixed counter (192) has obvious points of attachment along the floor and wall of the interior. Gate (172) would likewise have structure secured to the floor. Figure 1 of Neiman show corner fittings at the top and bottom of the shipping container Those at the top are a first portion of the plurality of exterior attachment points that are capable of enabling the portable building structure to be lifted off a ground surface by a crane prior to transportation. The bottom corner fittings are the second portion of the plurality of exterior attachment points that are capable of serving as anchor points to enable the portable building structure to be secured to a vehicle for transportation. (Figures 1-4, annotated Figure)
Should the applicant dispute this, the examiner offers as evidence, Abrams et al (U.S. 20080134589) which teaches that the four lower corner fittings (32) serve to secure cargo containers on vehicles, including seafaring ships as well as trains, trucks and aircraft. The four upper corner fittings (32) are specifically adapted for engagement with typical hoisting gear, such as crane hooks or spreaders. (Paragraph 180, Figures 1, 10)
Neiman does not teach a computing device configured to track at least one user within the portable building structure, wherein the computing device is further configured to determine whether the at least one user has taken an object from a first location within the portable building structure and placed it in a second location within the portable building structure.
Landers teaches a computing device (20) and cameras (14) configured to track at least one user within the portable building structure, wherein the computing device is further configured to determine whether the at least one user has taken an object from a first location within the portable building structure and placed it in a second location within the portable building structure. (Figures 1-6, Abstract, Paragraph 0031)
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to incorporate the teachings of Landers in to the portable business of Neiman, to facilitate inventory tracking and availability as a customer proceeds through the store and to the checkout.
In re Claims 15, 17, and 19-20 under the principles of combination, if a prior art device, in its normal and usual operation, would obviously perform or be made by the method claimed, then the method claimed will be considered to be obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out or being made by the claimed method, it can be assumed the device will obviously perform or be made by the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986).
Claim(s) 3, 7, 18, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neiman et al. (U.S. 20200327759) in view of Landers et al. (U.S.20160019514), and in further view of Strong (U.S. 10,958,049).
In re Claims 3, 7, 18, and 21, Neiman modified by Landers has been previously discussed but do not teach the second portion of the plurality of interior attachment points configured to further secure the equipment to the interior portion of the portable building structure during transportation of the portable building structure includes at least one channel securing a portion of the equipment to at least one wall of the portable building structure. Nor do they teach interior channels for receiving electrical wiring, wherein the one or more interior channels are coupled to a front frame of the portable building structure.
Strong teaches a channel/track (100,120,140) installed on flooring and walls that receive electrical cables (155) which are equipment. (Figures 1-2B)This would mean these cables are coupled/connected to the interior frame of the portable building structure. The raceway maybe installed on the floor, wall, or ceiling. (Column 5, Lines 30-35)
It would have been obvious to one or ordinary skill in the art prior to the effective filing date of the invention to modify Neiman with the raceway/channels taught by Strong. This would allow the various cables withing the store to be centrally routed and contained. As this channel can be mounted in either the floor, wall, or ceiling, in the combination they would be connected/coupled to a front frame of the portable building structure.
In re Claims 18 and 21, under the principles of combination, if a prior art device, in its normal and usual operation, would obviously perform or be made by the method claimed, then the method claimed will be considered to be obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out or being made by the claimed method, it can be assumed the device will obviously perform or be made by the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986).
Claim(s) 8, 9, and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neiman et al. (U.S. 20200327759) in view of Strong (U.S. 10,958,049).
In re Claim 8 and 14 Neiman teaches a portable building structure for a business with a plurality of interior attachment points, wherein the plurality of interior attachment points includes: a first portion of the plurality of interior attachment points configured to secure equipment to an interior portion of the portable building structure when the equipment is in use; a second portion of the plurality of interior attachment points configured to further secure the equipment to the interior portion of the portable building structure during transportation of the portable building structure. The examiner notes that the term attachment point is very broad and can refer to almost any location of attachment. For instance, a fixed counter (192) has obvious points of attachment along the floor and wall of the interior. Gate (172) would likewise have structure secured to the floor. Figure 1 of Neiman show corner fittings at the top and bottom of the shipping container Those at the top are a first portion of the plurality of exterior attachment points that are capable of enabling the portable building structure to be lifted off a ground surface by a crane prior to transportation. The bottom corner fittings are the second portion of the plurality of exterior attachment points that are capable of serving as anchor points to enable the portable building structure to be secured to a vehicle for transportation. (Figures 1-4, annotated Figure)
Should the applicant dispute this, the examiner offers as evidence, Abrams et al (U.S. 20080134589) which teaches that the four lower corner fittings (32) serve to secure cargo containers on vehicles, including seafaring ships as well as trains, trucks and aircraft. The four upper corner fittings (32) are specifically adapted for engagement with typical hoisting gear, such as crane hooks or spreaders. (Paragraph 180, Figures 1, 10)
Neiman does not teach the second portion of the plurality of interior attachment points configured to further secure the equipment to the interior portion of the portable building structure during transportation of the portable building structure includes at least one channel securing a portion of the equipment to at least one wall of the portable building structure. Nor do they teach interior channels for receiving electrical wiring, wherein the one or more interior channels are coupled to a front frame of the portable building structure.
Strong teaches a channel/track (100,120,140) installed on flooring and walls that receive electrical cables (155), which are equipment. (Figures 1-2B)This would mean these cables are coupled/connected to the interior frame of the portable building structure. The raceway maybe installed on the floor, wall, or ceiling. (Column 5, Lines 30-35)
It would have been obvious to one or ordinary skill in the art prior to the effective filing date of the invention to modify Neiman with the raceway/channels taught by Strong. This would allow the various cables withing the store to be centrally routed and contained. As this channel can be mounted in either the floor, wall, or ceiling, in the combination they would be connected/coupled to a front frame of the portable building structure.
In re Claim 9, Neiman modified by Strongs has been previously discussed. Neiman teaches the first portion of the plurality of interior attachment points configured to secure the equipment to the interior portion of the portable building structure when the equipment is in use includes at least one of a plurality of barriers extending from at least one wall of the portable building structure and at least one channel securing a portion of the equipment to the at least one wall of the portable building structure. As was stated previously, the counter (192) extends from at least one wall of the building and the point of connection to that wall, or the floor is an attachment point. Furthermore, interior walls that are connected to exterior walls are well known in the art and the examiner takes official notice of this. Such walls allow for the subdivision of an interior space.
In re Claim 11-13, Neiman modified by Strong has been previously discussed. As was noted, the first portion of the plurality of exterior attachment points/upper corner fitting configured/capable of allowing the portable building structure to be lifted off the ground surface prior to transportation includes one or more lift attachments such as crane hooks or spreaders. The second portion/lower corner fitting of the plurality of exterior attachment points configured to enable the portable building structure to be secured to the vehicle for transportation and are positioned at or within the building perimeter. While Neiman does not specifically teach that these attachment points are rings, the access ports (34) in corner fittings (32) (Abrams) could be considered rings or ring analogs.
This examiner takes official notice that attachment rings are well known for use as anchor and attachment points. It would therefore be obvious to one of ordinary skill in the art to prior to the effective filing date to substitute one know type of anchor for another.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neiman et al. (U.S. 20200327759) in view of Strong (U.S. 10,958,049), and in further view of Landers et al. (U.S.20160019514).
In re Claim 10, Neiman does not teach a computing device configured to track at least one user within the portable building structure, wherein the computing device is further configured to determine whether the at least one user has taken an object from a first location within the portable building structure and placed it in a second location within the portable building structure.
Landers teaches a computing device (20) and cameras (14) configured to track at least one user within the portable building structure, wherein the computing device is further configured to determine whether the at least one user has taken an object from a first location within the portable building structure and placed it in a second location within the portable building structure. (Figures 1-6, Abstract, Paragraph 0031)
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to incorporate the teachings of Landers in to the portable business of Neiman, to facilitate inventory tracking and availability as a customer proceeds through the store and to the checkout.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571) 272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM G BARLOW/ Examiner, Art Unit 3633
/BRIAN E GLESSNER/ Supervisory Patent Examiner, Art Unit 3633