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 1-9 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.
The claims contain numerous instances of confusing language such that this language is best understood to recite an under-stairs structure located under building stairs as follows:
Claim 1
An under-stairs structure located under building stairs, the under-stairs structure located under building stairs comprising:
the building stairs comprising at least a linear stairs part without a corresponding stair turn, the building stairs connecting a lower building floor and an upper building floor, the lower building floor including a habitable room, and a sloped ceiling formed at an underside of the stairs linear part; and
the under-stairs structure comprising an under-stairs space located directly under the building stairs sloped ceiling, the under-stairs space divided into two spaces by a wainscot extending from a floor surface of the lower floor to a height less than the building stairs sloped ceiling at the wainscot, the two spaces comprising a child space and a workspace, the child space positioned at a side of the under-stairs space where the sloped ceiling is lower relative to the floor surface of the lower floor than the side of the under-stairs space where the workspace is positioned, the workspace including a desk top board projecting from the wainscot.
The limitation reciting the under-stairs space “to include at least under the sloped ceiling” is confusing, as the sloped ceiling is apparently part of the building stairs.
Claim 2
The under-stairs structure located under building stairs according to Claim 1, wherein a transparent plate extends up from the top of the wainscot to contact the sloped ceiling.
The limitation “provided to stand on” is indefinite.
Claim 3
The under-stairs structure located under building stairs according to Claim 2, wherein the child space is open toward the habitable room, a first partition wall is provided between the workspace and the habitable room, and the under-stairs space is entirely closed at a side opposite to the habitable room by a second partition wall.
The word “joinery” means work done by a joiner and is indefinitely used in claim 3.
Claim 4.
The under-stairs structure located under building stairs according to Claim 3, wherein the first partition wall includes a transparent part.
Again, the word “joinery” means work done by a joiner and is indefinitely used in claim 4.
Claim 5.
The under-stairs structure located under building stairs according to Claim 1, wherein the workspace is formed in part by an external wall opposite to the child space, a clerestory formed along the external wall.
Claim 7.
The under-stairs structure located under building stairs according to Claim 5, wherein a shelf storage is formed along the external wall below the clerestory.
The limitation “custom-made” is indefinite.
Claim 8.
The under-stairs structure located under building stairs according to Claim 3, wherein the child space is bounded at the bottom by the floor surface of the lower floor, at the top by the sloped ceiling, and one side by the wainscot and the transparent plate, and at a side opposite the wainscot by a vertical wall surface, and an open, upper boundary between the child space and the habitable room has an upper edge formed in a mountain-like shape by a first slope part along the sloped ceiling, and a second slope part having an inverse slope of the first slope part.
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.
The factual inquiries 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.
Claims 1-7 - are rejected under 35 U.S.C. 103 as being unpatentable over Hatsuyama (JP 2019120030) in view of Gallant (2003/0019165).
Hatsuyama, fig. 2, teaches, as best understood, an under-stairs structure (44, 48, the wall separating 44 and 48, and the short wall to the right of 48, fig. 2) located under building stairs 30A, the under-stairs structure located under building stairs comprising:
the building stairs comprising at least a linear stairs part without a corresponding stair turn, fig. 2, the building stairs connecting a lower building floor (the lowest floor) and an upper building floor (the floor of the second storey), the lower building floor including a habitable room (the room show adjacent the stairs in fig. 3, which shows the first floor), and a sloped ceiling formed at an underside of the stairs linear part (as seen in fig. 2, a “ceiling”, as broadly recited, is formed by the bottom part of the stairs); and
the under-stairs structure comprising an under-stairs space located directly under the building stairs sloped ceiling, the under-stairs space divided into two spaces 48 and 44 by a wall extending from a floor surface of the lower floor to the building stairs sloped ceiling at the wainscot, the two spaces comprising a child space (space 48 is capable use as a child space, especially because it is the smaller space) and a workspace (space 44 is capable of use a workspace because it is a full height room) the child space positioned at a side of the under-stairs space where the sloped ceiling is lower relative to the floor surface of the lower floor than the side of the under-stairs space where the workspace is positioned. Hatsuyama does not teach the wall dividing the spaces is a wainscot extending from a floor surface of the lower floor to a height less than the building stairs sloped ceiling at the wainscot, and workspace including a desk top board projecting from the wainscot. Gallant teaches a wall dividing spaces is a wainscot (half wall) extending from a floor surface of a floor to a height less than the building ceiling at the wainscot, and workspace 86 including a desk top board projecting from the wainscot, paras. 134-135. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the wall dividing the spaces to be a wainscot extending from a floor surface of the lower floor to a height less than the building stairs sloped ceiling at the wainscot, and a workspace including a desk top board projecting from the wainscot to be able use the spaces as small rooms with visual access to each other for added utility.
2. Hatsuyama in view of Gallant teaches, as best understood, the under-stairs structure located under building stairs according to Claim 1, Gallant further teaching a transparent plate 78 extends up from the top of the wainscot to contact the Hatsuyama sloped ceiling.
3. Hatsuyama in view of Gallant teaches, as best understood, the under-stairs structure located under building stairs according to Claim 2, Hatsuyama further teaching the child space is open toward the habitable room, figs. 2-3, a first partition wall (the closet outside wall) is provided between the workspace and the habitable room, and the under-stairs space is entirely closed at a side opposite to the habitable room by a second partition wall (fig. 3 shows a solid wall at the back of sections 44 and 48).
4. Hatsuyama in view of Gallant does not teach, as best understood, the first partition wall includes a transparent part. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the first partition wall to include a transparent part in the form of a window for visibility access.
5-6. Hatsuyama in view of Gallant teaches, as best understood, the under-stairs structure located under building stairs according to Claim 1, Hatsuyama further teaching the workspace is formed in part by an external wall opposite to the child space (fig. 2 shows the workspace is formed in part (on the left) by an external wall opposite to the child space., but does not teach an openable and closable clerestory formed along the external wall. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for an exterior wall to include an operable window for ventilation.
7. Hatsuyama in view of Gallant teaches, as best understood, the under-stairs structure located under building stairs according to Claim 5, Gallant further teaching it is old in the art to form a shelf storage (shelf top 88 could be used for storage) along a wall below a clerestory (window). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form a shelf storage along the exterior wall below a window just as the gallant storage is on the wall, for storing, for example, books.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hatsuyama in view of Gallant and in further view of Mugnoz (2016/0060864).
Hatsuyama in view of Gallant does not teach a ceiling backside of the sloped ceiling or the second partition wall includes a structure having sound proofing properties. Mugnoz teaches a ceiling backside or wall includes a structure having sound proofing properties, abstract. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for a ceiling backside of the sloped ceiling or the second partition wall includes a structure having sound proofing properties for privacy.
Allowable Subject Matter
Claim 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims because Hatsuyama in view of Gallant does not teach, as best understood, the child space is bounded at the bottom by the floor surface of the lower floor, at the top by the sloped ceiling, and one side by the wainscot and the transparent plate, and at a side opposite the wainscot by a vertical wall surface, and an open, upper boundary between the child space and the habitable room has an upper edge formed in a mountain-like shape by a first slope part along the sloped ceiling, and a second slope part having an inverse slope of the first slope part.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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