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 .
DETAILED CORRESPONDENCE
This communication is a first Office Action on the Merits. Claims 1-18, as originally filed 30 APR. 2024, are pending and have been considered as follows:
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.83 or 1.84 because of the following informalities:
FIG(s) 1-4: contain(s) shading which is/are not understood as not being a drawing symbol from the MPEP (see §608.02 IX. DRAWING SYMBOLS; 37 CFR 1.84 (m));
FIG(s) 2-3: these are objected to because each is a photograph. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications unless the photographs are the only practicable medium for illustrating the claimed invention. These photographs are not line drawings and legibility is greatly reduced. See MPEP § 608.02
FIG. 5: the scale to which a drawing is made must be large enough to show the mechanism without crowding when the drawing is reduced in size to two-thirds in reproduction (see 37 CFR 1.84 (k));
FIG. 5: this appears to be four separate figures and should be labeled as such (see 37 CFR 1.84 (h));
FIG. 5: the break-away or extension lines must not extend between figures (see 37 CFR 1.84 (h));
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action.
The objection to the drawings will not be held in abeyance.
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.
Claim 14-18 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 pre-AIA the applicant regards as the invention.
Cl. 14 ln. 2, 3: the recitation(s) of ”a bottom profile” and “a corner profile” is/are vague, indefinite, and confusing as being unclear if these are referring to the previously introduced “a first bottom profile”, “a second bottom profile”, or “a plurality of corner profiles”. It is suggested after “a bottom profile” in line 2 to insert --of the bottom profiles--. It is suggested after “a corner profile” in line 3 to insert --of the plurality of corner profiles-- and the claims have been interpreted as such.
Cl. 17 ln. 1: the recitation(s) of ”a bottom profile” is vague, indefinite, and confusing as being unclear if this is referring to the previously introduced “a first bottom profile” or “a second bottom profile”. It is suggested to insert --each of-- in line 1 after “wherein” and the claims have been interpreted as such.
Claims 15-16 and 18 not particularly referenced in this section are rejected as being dependent upon an indefinite claim.
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.
Claim 1-3, 6-8, and 10-17 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bowron US 20230104556 A1.
As per claim 1 the primary reference of Bowron teaches an enclosure incorporating modular components (“MODULAR CONSTRUCTION” title) for customizable dimensions, the enclosure comprising:
a top profile (upper junction connector 200, FIG. 81-82, 84, 149) including a topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149), a vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149), and a bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149),
the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149) of the top profile (upper junction connector 200, FIG. 81-82, 84, 149) defining a top of the enclosure (see tops of 200, FIG. 81-82, 84, 149);
a first bottom profile (left side lower junction connector 300, FIGs. 81-82, 84, 149) on one side of the enclosure;
a second bottom profile (right side lower junction connector 300, FIGs. 81-82, 84, 149) on an opposite side of the enclosure;
a floor profile (see lower members 150, 900, FIG. 81-82, 84, 149) extending between the first bottom profile (left side lower junction connector 300, FIGs. 81-82, 84, 149) and the second bottom profile (right side lower junction connector 300, FIGs. 81-82, 84, 149); and
a plurality of corner profiles (see four columns 100, FIGs. 81-82, 84, 149) connected between the top profile (upper junction connector 200, FIG. 81-82, 84, 149) and the first (left side lower junction connector 300, FIGs. 81-82, 84, 149) and second (right side lower junction connector 300, FIGs. 81-82, 84, 149) bottom profiles via fasteners (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) and without welding.
As per claim 2 Bowron teaches the limitations according to claim 1, wherein the floor profile (see lower members 150, 900, FIG. 81) is connected between the first bottom profile (left side lower junction connector 300, FIGs. 81-82, 84, 149) and the second bottom profile (right side lower junction connector 300, FIGs. 81-82, 84, 149) via fasteners (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) and without welding.
As per claim 3 Bowron teaches the limitations according to claim 1, wherein each of the first (left side lower junction connector 300, FIGs. 81-82, 84, 149) and second (right side lower junction connector 300, FIGs. 81-82, 84, 149) bottom profiles comprise a two-piece construction (see connector 300, FIG. 81-82, 84, 149) including an L-bracket (see lower leftward facing surface of bottom most member proximate arrow at 300, FIG. 81-82, 84, 149; the upper and lower flanges of this member are recognized as L-shaped, as broadly claimed) and a compound bracket (see box shaped “compound” construction between vertical extensions proximate arrow at 300, FIG. 81-82, 84, 149),
the L-bracket (see lower leftward facing surface of bottom most member proximate arrow at 300, FIG. 81-82, 84, 149; the upper and lower flanges of this member are recognized as L-shaped, as broadly claimed) being secured (see “secured” FIG. 149; also “[0172] FIG. 149 is a… column… upper and lower junction connectors coupled to the ends of… column”) to the compound bracket (see box shaped “compound” construction between vertical extensions proximate arrow at 300, FIG. 149),
wherein the compound bracket (see box shaped “compound” construction between vertical extensions proximate arrow at 300, FIG. 149) defines a connecting surface (see rear wall with holes, FIG. 149) for the corner profiles (see four columns 100, FIGs. 81-82, 84, 149).
As per claim 6 Bowron teaches the limitations according to claim 1, wherein the top profile (upper junction connector 200, FIG. 81-82, 84, 149) comprises, in spatial order (see FIG. 81-82, 84, 149; these elements are recognized as being in “spatial order” because they comprise right angles and are not disassembled —they are not disordered— as broadly claimed),
the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149),
the vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149) extending from the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149), and
the bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149) extending from the vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149),
wherein the corner profiles (see four columns 100, FIGs. 81-82, 84, 149) are connected to the bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149) via fasteners (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) without welding.
As per claim 7 Bowron teaches the limitations according to claim 6, wherein the top profile (upper junction connector 200, FIG. 81-82, 84, 149) further comprises a vertical flange (see rear vertical wall with holes at 200, FIG. 149) parallel with the vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149) and connected to the bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149),
the vertical flange (see rear vertical wall with holes at 200, FIG. 149) defining an internal chamber (see box-shaped “internal chamber” at 200, FIG. 149) in the top profile (upper junction connector 200, FIG. 81-82, 84, 149).
As per claim 8 Bowron teaches the limitations according to claim 1, comprising multiple ones of the top profile (upper junction connector 200, FIG. 81-82, 84, 149),
wherein each of the top profiles (upper junction connectors 200, FIGs. 81-82, 84, 149) comprises a bent section (see square shaped indentation at upper left, FIG. 149) parallel with the vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149),
wherein the bent sections (see square shaped indentations at upper left, FIG. 149) of the multiple ones of the top profile (upper junction connector 200, FIG. 81-82, 84, 149) are connected together via fasteners (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) and without welding.
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As per claim 10 the primary reference of Bowron teaches an enclosure incorporating modular components (“MODULAR CONSTRUCTION” title) to customize enclosure dimensions and eliminate weld lines,
the enclosure comprising a series of modular profiles held together via fasteners (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) and without welding,
wherein the fasteners are hidden on an inside (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) of the enclosure.
As per claim 11 Bowron teaches the limitations according to claim 10, further comprising:
a top profile (upper junction connector 200, FIG. 81-82, 84, 149) including a topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149) defining a top or roof (see upper members 150, 900, FIG. 81) of the enclosure;
a first bottom profile (left side lower junction connector 300, FIGs. 81-82, 84, 149) on one side of the enclosure;
a second bottom profile (right side lower junction connector 300, FIGs. 81-82, 84, 149) on an opposite side of the enclosure;
a floor profile (see lower members 150, 900, FIG. 81) extending between the first bottom profile (left side lower junction connector 300, FIGs. 81-82, 84, 149) and the second bottom profile (right side lower junction connector 300, FIGs. 81-82, 84, 149); and
a plurality of corner profiles (see four columns 100, FIGs. 81-82, 84, 149) connected between the top profile (upper junction connector 200, FIG. 81-82, 84, 149) and the first (left side lower junction connector 300, FIGs. 81-82, 84, 149) and second (right side lower junction connector 300, FIGs. 81-82, 84, 149) bottom profiles.
As per claim 12 Bowron teaches the limitations according to claim 11, wherein the top profile (upper junction connector 200, FIG. 81-82, 84, 149) comprises a vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149) coupled with the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149) and a bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149) coupled with the vertical surface (outer surface of vertical studs, FIGs. 81-82, 84, 149).
As per claim 13 Bowron teaches the limitations according to claim 12, wherein the top profile (upper junction connector 200, FIG. 81-82, 84, 149) comprises, in spatial order (see FIG. 81-82, 84, 149; these elements are recognized as being in “spatial order” because they comprise right angles and are not disassembled —they are not disordered— as broadly claimed),
the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149),
the vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149) extending substantially perpendicularly from the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149), and
the bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149) extending substantially perpendicularly from the vertical surface (outer surface of studs 190, FIGs. 81-82, 84, 149),
wherein the corner profiles (see four columns 100, FIGs. 81-82, 84, 149) are connected to the bottommost surface (horizontal structural member 150, FIGs. 81-82, 84, 149) via fasteners (see FIG. 81-82, 84, 149; these holes are recognized as allowing fasteners to be “hidden” on an inside, as broadly claimed; see also “It is known… the main load-bearing… joining appropriate members directly to each other… mechanical fasteners… or other suitable methods” [0005]) without welding.
As per claim 14 Bowron teaches the limitations according to claim 11, wherein the series of modular profiles comprises a top profile (upper junction connector 200, FIG. 81-82, 84, 149) that defines a top or roof (see upper members 150, 900, FIG. 81) of the enclosure,
a bottom profile (left and right side lower junction connector 300, FIGs. 81-82, 84, 149)--of the bottom profiles-- to which a floor (see lower members 150, 900, FIG. 81-82, 84, 149) is connected, and
a corner profile (see four columns 100, FIGs. 81-82, 84, 149) --of the plurality of corner profiles (see four columns 100, FIGs. 81-82, 84, 149)-- extending between the top profile (upper junction connector 200, FIG. 81-82, 84, 149) and the bottom profile (left and right side lower junction connector 300, FIGs. 81-82, 84, 149).
As per claim 15 Bowron teaches the limitations according to claim 14, wherein the top profile (upper junction connector 200, FIG. 81-82, 84, 149) includes a topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149) that defines the top or roof (see upper members 150, 900, FIG. 81) of the enclosure,
a size of the topmost surface (top of upper junction connector 200, FIG. 81-82, 84, 149) being customized according to a desired size of the enclosure (see “[0334] Providing a module service connection may have one or more advantages. For example, the connection plates may be provided as separate components, or as an extension or part of a column assembly. Also, the connection plates may be of various shapes and/or sizes, depending on e.g. the size of a volumetric module frame and/or building”), and
wherein the corner profile (see four columns 100, FIGs. 81-82, 84, 149) includes exterior sides (outer surface of columns 100, FIGs. 81-82, 84, 149) that are customized according to the desired size of the enclosure.
As per claim 16 Bowron teaches the limitations according to claim 15, wherein the corner profile (see four columns 100, FIGs. 81-82, 84, 149) comprises an upper connecting surface (see top of 100, FIG. 81) and a lower connecting surface (see bottom of 100, FIG. 81) between which the exterior sides (outer surface of columns 100, FIGs. 81-82, 84, 149) are connected,
the upper connecting surface (see top of 100, FIGS. 81-82, 84, 149)) engaging a bottommost surface (see FIG. 149) of the top profile (upper junction connector 200, FIG. 81-82, 84, 149), and
a lower connecting surface (see bottom of 100, FIGS. 81-82, 84, 149)) engaging a connecting surface (see rear wall with holes, FIG. 149) of the bottom profile (left and right side lower junction connector 300, FIGs. 81-82, 84, 149).
As per claim 17 Bowron teaches the limitations according to claim 14, wherein --each of-- the bottom profile comprises a two-piece construction (see connector 300, FIG. 81-82, 84, 149) including an L-bracket (see lower leftward facing surface of bottom most member proximate arrow at 300, FIG. 149; the upper and lower flanges of this member are recognized as L-shaped, as broadly claimed) and a compound bracket (see box shaped “compound” construction between vertical extensions proximate arrow at 300, FIG. 149),
the L-bracket (see lower leftward facing surface of bottom most member proximate arrow at 300, FIG. 149; the upper and lower flanges of this member are recognized as L-shaped, as broadly claimed) being secured being secured (SEE “secured” FIG. 149; also “[0172] FIG. 149 is a… column… upper and lower junction connectors coupled to the ends of… column”) to the compound bracket (see box shaped “compound” construction between vertical extensions proximate arrow at 300, FIG. 149),
wherein the compound bracket (see box shaped “compound” construction between vertical extensions proximate arrow at 300, FIG. 149) defines a connecting surface (see rear wall with holes, FIG. 149) for the corner profile (see four columns 100, FIGs. 81-82, 84, 149).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 9 rejected under 35 U.S.C. 103 as being unpatentable over Bowron in view of Back et al. US 20080010909 A1 (Back).
As per claim 9 the primary reference of Bowron teaches the limitations according to claim 8, and further discloses a roof (see upper members 150, 900, FIG. 81) but fails to explicitly disclose:
center joining strip joining the topmost surfaces of adjacent top profiles.
Back teaches such a strip (ridge beam 14, FIG. 1) joining top profiles (proximal panels 12 and rafters 13, and distal panels 12 and rafters 13 —hidden from view— FIG. 1), specifically:
center joining strip (ridge beam 14, FIG. 1) joining the topmost surfaces (proximal panels 12 and rafters 13, FIG. 1) of adjacent top profiles (proximal and distal panels 12 and rafters 13, FIG. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Bowron by including the center strip as taught by Back in order to enable the roof of Bowron to be provided as a pitched roof capable of allowing water to drain therefrom as is old and well known in the art.
Allowable Subject Matter
Claim 4-5, and 18 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.
The following is a statement of reasons for the indication of allowable subject matter:
The Examiner notes that a thorough search was performed and the prior art of record has been cited; the Examiner did not find a reference or combination of references that distinctly disclosed or fairly suggested a modification to arrive at the enclosure using a compound bracket comprising an inverse U-shaped riser abutting a first end of the claimed L-bracket and the U-shaped riser also defining a linking surface proximate the connecting tab of a corner profile.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635