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 § 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(s) 1, 8-9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lichtenberger (U.S. Patent No. 6,837,236).
Regarding claim 1, Lichenberger discloses a building comprising at least one structural member (10, Fig. 1), the structural member including a structural member main body (11) that is formed of a metal (43, Figs. 3 and 4, summary of the invention and abstract) , includes a light-receiving surface irradiated with sunlight, and is internally formed with a hollow portion (Space between 16 and 20, Fig. 2) extending from a first end portion toward a second end portion, a pair of lid portions (12, 13) that are respectively disposed at the first end portion and the second end portion, and close the hollow portion, an inlet (25) that is provided in any one of the pair of lid portions and through which a heating medium flows into the hollow portion, and an outlet (28) that is provided in any one of the pair of lid portions and through which the heating medium flows out from the hollow portion (Fig. 2). The examiner would like to point out that the limitation that the main body is formed extrusion or casting is a process limitation that is given little patentable weight in an apparatus claim. As long as the final product is taught, the claimed limitations are met. See MPEP 2113.
Regarding claim 8, Lichenberger discloses the structural member main body is provided with a rib (approximate 46, Fig. 3) along a direction in which the hollow portion extends.
Regarding claim 9, Lichenberger discloses the light-receiving surface is coated with a black film (41, Col. 3, lines 60-65).
Regarding claim 13, Lichenberger discloses the structural member (10) is a beam member extending in a lateral direction (Fig. 1).
Allowable Subject Matter
Claims 2-7, 10-12 and 14 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or suggest a building comprising at least one structural member having a main body that includes a light receiving surface internally formed with a hollow portion extending from a first end portion to a second end portion, a pair of lid portions disposed at the first and second ends, an inlet and out let provided in any of the pair of lid portions; wherein the hollow portion includes a first flow channel having heat that flows from the first end portion to the second end portion, a second flow channel, a partition wall interposed between the first and second flow channels and wherein heat flows from the second end portion to the first end portion as recited in claim 2 in combination with claim 1 in its entirety; or wherein the hollow portion incudes a plurality of first flow channels disposed adjacent to each other with a portion wall interposed between them as recited in claim 5 in combination with claim 1 in its entirety; or wherein a heat insulating material id disposed on an outer surface of the structural member a main body except the light receiving surface as recited in claim 10 in combination with claim 1 in its entirety; or wherein the structural member is a pilar member fixed to the ground and extending in a vertical direction as recited in claim 11 in combination with claim 1 in its entirety; or wherein the structural member includes a buried portion extended beyond the ground and buried in the ground as recited in claim 12 in combination with claim 1 in its entirety; or wherein the structural member is a pair of rafter members extending in oblique directions and connected to each other as recited in claim 14 in combination with claim 1 in its entirety.
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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633