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 .
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 2-5, 7, 9, 12-14 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.
Regarding claims 2 and 9, it is unclear how the grouping can comprise the base, as the base has previously been established as being a primary module/container. The examiner will examine as best understood in light of the specification with the base supported by a foundation selected from the claimed grouping. Appropriate correction is required.
Regarding claim 3, it is unclear how the base provides elements beneath the primary modules when the primary modules have been established as being the base. The examiner will examine as best understood. Appropriate correction is required.
Claim 4 recites the limitation "the reflected energy" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 4 recites the limitation "the interior of the structure" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 5 recites the limitation "the structural modules" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 5 recites the limitation "the exterior surfaces of the temporary structure” in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 7 recites the limitation "the exterior of the dome” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 12 recites the limitation " the exterior surfaces of the temporary structure” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 13 recites the limitation "the exterior of the dome” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 14, the limitation wherein the temporary mobile structure the intermodal shipping containers in unclear, rendering the claim indefinite. The examiner will examine as best understood. Appropriate correction is required.
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) 1-2, 6, 8-9, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beaudry et al., U.S. Patent Application Publication 2022/0333400.
Regarding claim 1, Beaudry discloses an inflatable structure comprising: a plurality of primary modules (40), each said primary modules having a housing formed utilizing an intermodal shipping container (paragraph 55), said plurality of the primary modules forming a base (paragraph 32) and an outside periphery of a temporary structure (see Figs. 1-2); a lightweight pneumatic frame (10) consisting of multiple inflatable elements (20), and a sealing tent (30); and said lightweight pneumatic frame forms a dome of said mobile temporary structure (see Fig. 1), and said inflatable elements are connected to each other and to the base (via the base); wherein the sealing tent connects at least the inflatable elements to each other and covers an exterior of the temporary structure to protect an interior of the structure from climatic and atmospheric factors (see Fig. 1, generally). The phrase “to protect an interior of the structure from climatic and atmospheric factors” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claims 2 and 9, Beaudry discloses an inflatable structure wherein the base is selected from the group including: a compacted soil, concrete, an asphalt, a paving stone and other solid substrates, and the base supports the temporary structure and said solid substrate serves as a finished floor (other solid substrates; decking 120).
Regarding claim 6, Beaudry discloses an inflatable structure wherein the inflatable elements are formed having cylindrically shaped configuration (tubes, see figures).
Regarding claim 8, Beaudry discloses an inflatable structure comprising: producing a plurality of primary modules (40), each said primary module having a housing formed utilizing an intermodal shipping container (paragraph 55), said a plurality of primary modules forming a base (paragraph 32) and an outside periphery of the temporary structure (see Fig. 1); producing a lightweight pneumatic frame consisting of multiple inflatable elements (20), and producing a sealing tent (30); wherein said lightweight pneumatic frame forms a dome of said mobile temporary structure (see Fig. 1), and said inflatable elements are connected to each other and to the base (via the sealing tent and base); wherein the sealing tent connects at least the inflatable elements to each other and covers an exterior of the temporary structure to protect an internal area of the structure from climatic and atmospheric factors (see Fig. 1, generally). The phrase “to protect an internal area of the structure from climatic and atmospheric factors” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 14, Beaudry discloses an inflatable structure wherein the temporary mobile structure the intermodal shipping containers of the primary modules are utilized directly as transportation containers for other elements of the temporary mobile structure for convenience of transportation and storage (paragraph 32).
Claim Rejections - 35 USC § 103
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 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) 3, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beaudry et al., U.S. Patent Application Publication 2022/0333400 in view of Wasson, U.S. Patent Application Publication 2017/0081867.
Regarding claim 3, Beaudry discloses an inflatable structure but does not specifically disclose wherein the base further comprises multiple adjustable supports provided under the primary modules and the adjustable supports are placed under the primary modules around the outside periphery of the temporary structure. Wasson teaches adjustable supports under a temporary structure (jacks, paragraph 45). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide adjustable supports beneath the primary modules for an instance when the ground is not level.
Regarding claim 10, Beaudry discloses an inflatable structure wherein the inflatable elements are formed having cylindrically shaped configuration (tubes, see figures), but does not disclose the base of the temporary structure further comprises multiple adjustable supports provided under the primary modules and the method further comprises the step of placement the adjustable supports under the primary modules around the outside periphery of the temporary structure. Wasson teaches adjustable supports under a temporary structure (jacks, paragraph 45). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide adjustable supports beneath the primary modules for an instance when the ground is not level.
Claim(s) 4-5, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beaudry et al., U.S. Patent Application Publication 2022/0333400 in view of Milo et al. U.S. Patent Application Publication 2015/0101258.
Regarding claim 4, Beaudry discloses an inflatable structure but does not specifically disclose a reflective layer to reflect a heat energy and to return a part of the reflected energy back to the interior of the structure. Milo teaches a reflective surface structure on an inflatable structure (paragraph 43). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a reflective layer at the sealing tent for placement in extreme temperatures/climates. The phrase “to reflect a heat energy and to return a part of the reflected energy back to the interior of the structure” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 5, the prior art as modified discloses an inflatable structure wherein the reflective layer is provided at one side of the structural modules or provided at a material placed on the exterior surfaces of the temporary structure (an upper side of the primary modules, see Beaudry Fig. 1).
Regarding claim 11, Beaudry discloses an inflatable structure but does not specifically disclose providing a reflective layer to reflect heat energy and to return a part of the reflected energy back to the internal area of the structure. Milo teaches a reflective surface structure on an inflatable structure (paragraph 43). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a reflective layer at the sealing tent for placement in extreme temperatures/climates. The phrase “to reflect a heat energy and to return a part of the reflected energy back to the internal area of the structure” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 12, the prior art as modified discloses an inflatable structure wherein the reflective layer is provided at one side of the structural modules or provided at a material placed on the exterior surfaces of the temporary structure (an upper side of the primary modules, see Beaudry Fig. 1).
Claim(s) 7, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beaudry et al., U.S. Patent Application Publication 2022/0333400 in view of Milo et al. U.S. Patent 9,499,970.
Regarding claim 7, Beaudry discloses an inflatable structure but does not disclose wherein flexible solar panels are provided at the exterior of the dome to generate electricity based on sunlight. Milo teaches solar panels on a flexible building structure (see Fig. 37). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize flexible solar panels on the structure for an efficient means to regulate temperature within the structure. The phrase “to generate electricity based on sunlight” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 13, Beaudry discloses an inflatable structure but does not disclose providing flexible solar panels at the exterior of the dome of said mobile temporary structure to generate electricity based on sunlight. Milo teaches solar panels on a flexible building structure (see Fig. 37). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize flexible solar panels on the structure for an efficient means to regulate temperature within the structure. The phrase “to generate electricity based on sunlight” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633