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 .
This non-final Office action is in response to Applicant’s patent application number 18/644,283 filed on 4/24/2024.
Currently, claims 1-26 are pending and examined.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/19/2024 and 12/9/2024 are being considered by the examiner.
Claim Objections
Claims 12-14 are objected to because of the following informalities: claim 12, line 2; a phrase “each comprise” should be read -- each comprises --. Appropriate correction is required. Claims 13-14 depending upon the objected claim 12 are also objected.
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 13-14 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.
Re claim 13, line 1; a citation “the connection members” (in plural) does not have a proper antecedent basis. Correction is required. Claim 14 depending upon the rejected claim 13 is also rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-12, 15-20, 22, 24-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 10,941,561 to Miller.
Re claim 1: Miller discloses a modular building unit 101 having an interior space (i.e. wherein 107 points to) and configured to be placed with at least one other modular building unit for use in forming a building, the modular building unit 101 comprising: a first modular section 501 (Fig. 5) including a first floor frame 507 and a first wall frame 505 extending up from the first floor frame 507, the first modular section 501 defining a first portion of the interior space of the modular building unit, the first floor frame 507 underlying the first portion of the interior space of the modular building unit; a second modular section 501 [since all modular building units and framings are substantially identical] including a second floor frame 507 and a second wall frame 503 extending up from the second floor frame 507, the second modular section 501 defining a second portion of the interior space of the modular building unit 101, the second floor frame 507 underlying the second portion of the interior space of the modular building unit 101; and a connection coupling 301 the first modular section and the second modular section to one another (col. 7, lines 21-22), the first and second floor frames being generally aligned with one another (Fig. 11).
Re claim 2: wherein the first modular section 501 inherently includes a utility structure (i.e. wherein a sink, stove, refrigerator located, in Fig. 10) supported by the first modular section.
Re claims 3, 4: wherein the utility structure (i.e. gas pipe or electrical cable) is inherently supported at least partially outside of the interior space defined by the first modular section or disposed at least partially within the first floor frame 507.
Re claim 5: wherein the utility structure comprises plumbing (i.e. sink or dishwasher, see Fig. 10).
Re claims 6, 7: wherein the first modular section includes a plumbing fixture located in the interior space and coupled to the plumbing; and wherein the plumbing fixture comprises a sink (see Fig. 10), a toilet, a shower, or a bathtub.
Re claim 8: wherein the first modular section houses a kitchen (see Fig. 10) or a bathroom and the second modular section houses a bedroom, a dining room (Fig. 11), an office, a family room, or a living room.
Re claim 9: wherein the connection 301 comprises at least one splice connection (Fig. 3).
Re claim 10: wherein the connection 301 comprises a first connection element 319 associated with the first modular section 501 and a second connection element 309 associated with the second modular section 501, the first and second connection elements 319/309 being configured for connection to each other to form the modular building unit from the first modular section and the second modular section (see col. 7, lines 20-25, Fig. 3).
Re claim 11: wherein the first connection element 319 is a portion of the first flooring frame and the second connection element 309 is a portion of the second flooring frame (i.e. when the connection elements and the floor frames assembled together).
Re claim 12: wherein the first and second connection elements 319/309 each comprise a tubular beam and a connection member 313 carried by the tubular beam (see Fig. 3).
Re claim 15: wherein the splice connection 301 comprises a first connection member 319 and a second connection member 309, the first and second connection members 319/309 extending on opposite sides of a joint (i.e. at 313, Fig. 3) between the first modular section and the second modular section (Fig. 11).
Re claim 16: wherein the first wall frame 505 projects outwardly from the first floor frame 507 (Fig. 5).
Re claim 17: wherein the second floor frame projects 505 outwardly from the second wall frame 507, the first wall frame being 505 constructed and arranged so that upon connection of the first modular section to the second modular section (Fig. 11), the first wall frame 505 overlies a portion of the second floor frame 507.
Re claim 18: wherein the modular building unit 101 (Fig. 1) has a bottom 103 and opposite first and second sides (wherein 111/105 point to, Fig. 1), the first and second modular sections each defining a portion of the bottom, a portion of the first side, and a portion of the second side (see Fig. 11).
Re claim 19: wherein the first modular section 501 includes 507 serves as a first ceiling frame (i.e. when one of the modular sections stacked on top of another modular section), the first ceiling frame overlying the first portion of the interior space of the modular building unit (see Fig. 11), and wherein the second modular section 501 includes 507 serves as a second ceiling frame (i.e. when one of the modular sections stacked on top of another modular section), the second ceiling frame overlying the second portion of the interior space of the modular building unit (see Fig. 11).
Re claim 20: wherein the first and second ceiling frames 507 are generally coplanar with one another (see Figs. 5 and 11).
Re claim 22: Miller discloses a modular building unit having an interior space and configured to be placed with at least one other modular building unit for use in forming a building (Fig. 11), the modular building unit comprising: a first modular section 501 including a first floor frame 507 and a first wall frame 505 extending up from the first floor frame 507, the first modular section (e.g. also see Figs. 10-11) defining a first portion of the interior space of the modular building unit, the first floor frame 507 underlying the first portion of the interior space of the modular building unit, at least one of the first floor frame 507 and the first wall frame 505 including a first projecting member 311 (Fig. 3) extending laterally outward from the first modular section; a second modular section including a second floor frame 507 and a second wall frame 505 extending up from the second floor frame 507, the second modular section defining a second portion of the interior space of the modular building unit (Fig. 11), the second floor frame 507 underlying the second portion of the interior space of the modular building unit, at least one of the first wall frame 505 and the first floor frame 507 including a second projecting member 311 extending laterally outward from the second modular section; and a splice connection 301 connecting the first modular section to the second modular section (col. 7, lines 20-25), the splice connection 301 including a connection member 313 secured to the first projecting member 311 and the second projecting member 311 thereby to connect the first and second modular sections for forming the modular building unit (col. 7, lines 20-25).
Re claim 24: wherein the first and second projecting members are steel components (col. 8, line 10).
Re claim 25: wherein the connection member 313 overlaps the first and second projecting members 311/311 (Fig. 3).
Re claim 26: wherein the first projecting member 311 abuts the second projecting member 311 in an end-to-end arrangement (Fig. 3).
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) 13, 14, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 10,941,561 to Miller in view of US No. 12,291,858 to Weatherby.
Re claims 13, 14: Miller discloses basic structures of the claimed invention as stated and further discloses wherein each of the connection members 319/309 is obviously located at least partially within the corresponding tubular beam (when all structures are connected together, Figs. 3-11, col. 7, lines 20-25) but does not disclose expressly the corresponding tubular beam includes a cutout positioned to expose at least a portion of the connection member; and wherein the cutout of the tubular beam of the first connection element and the cutout of the tubular beam of the second connection element are configured to cooperatively form a window in the tubular beams upon connection of the first modular section to the second modular section for providing access to the connection members through the window. Weatherby discloses an apparatus of a modular assembly, including a plurality of horizontal frames 40 having a cutout 42 on each of the plurality of horizontal frames 40 (Fig. 8). In view of Weatherby, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have a cutout for the corresponding tubular beam to expose at least a portion of the connection member in order to quicky insert the tubular beam into the connecting element.
Re claim 21: Miller discloses a section (Fig. 3) of a modular building unit configured to be placed with at least one other modular building unit for use in forming a building (Fig. 11), the section 501 comprising: a floor frame 507; a wall frame 505 connected to the floor frame 507 and extending up from the floor frame 507; a first tubular beam (e.g. no labeled but shown in Fig. 5 wherein a beam connecting between 505/505 and 507/507) connected to at least one of the floor frame and the wall frame; a connection member 301 at least partially received in the first tubular beam configured for connection to another section of the modular building unit for use in forming the modular building unit (see col. 7, lines 20-23); but does not disclose expressly the corresponding tubular beam includes a cutout positioned to expose at least a portion of the connection member to an outside of the tubular beam. Weatherby discloses an apparatus of a modular assembly, including a plurality of horizontal frames 40 having a cutout 42 on each of the plurality of horizontal frames 40 (Fig. 8). In view of Weatherby, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have a cutout for the corresponding tubular beam to expose at least a portion of the connection member in order to easily insert the tubular beam into the connecting element.
Re claim 23: Miller discloses basic structures of the claimed invention as stated above but does not disclose expressly wherein the first and second projecting members are dimensional lumber. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to choose different materials for the first and second projection members, e.g. dimensional lumber for the economic purposes, since the lumber material is generally inexpensive than steel material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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