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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/8/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because Figs. 6-8 are color photographs. 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.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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 1-20 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.
Each of claims 1, 10 and 17 recites the limitation "the xy-plane" in the body of the claim. There is insufficient antecedent basis for this limitation in the claim. Further, the x and y axes that would form such a plane are not established by the claim.
Each of claims 1, 10 and 17 recites that “the inner frame and the outer frame are positioned parallel to a first reference plane (the xy-plane)”. It is unclear what dimensions of the inner frame and the outer frame correspond to a first reference plane (e.g. a length and a width, a length and a thickness). It is noted that, as claimed, the inner and outer frame could be cubicle or some other three-dimensional shape. It is found that “both the inner frame and the outer frame are positioned parallel to a first reference plane (the xy-plane)” could be virtually any orientation of the inner and outer frames. Similarly, claims 14-16 specify that structural units are positioned parallel to a reference axis but no particular dimension of each structural unit is established as being parallel with a reference axis.
Claim 13 recites “two or more structural units” and indirectly depends from claim 11 which previously introduces “two or more structure units”. It is unclear if the same two or more structural units are being references. Antecedence should be clearly reflected or claim terms clearly differentiated.
Claim 18 recites “a wall unit”. It appears to be referencing the wall unit of claim 17. Antecedence should be reflected.
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.
Claims 1-8, 10-11, 14-15 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noirot et al., US 2010/0300034.
Regarding claims 1 and 10:
Noirot discloses a structural system comprising:
a structural unit comprising:
an inner frame (2”) comprising a side;
an outer frame (33’) comprising three sides; and
a connecting element (7”), wherein:
both the inner frame and the outer frame are positioned parallel to a first reference plane (the xy-plane),
the inner frame is positioned within the outer frame,
the connecting element physically connects the inner frame and the outer frame, and
the connecting element is positioned parallel to the first reference plane.
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Regarding claim 17:
Noirot discloses a housing system (each frame houses a column 4) comprising:
a structural unit as shown and set forth above; and
a wall unit (37) positioned adjacent to the structural unit (the wall unit fastens the structural units together to form a wall of structural units).
Regarding claim 2:
Noirot discloses wherein the inner frame has a cross-sectional shape that is circular.
Regarding claim 3:
Noirot discloses wherein the outer frame is rectangular (square).
Regarding claim 4:
Noirot discloses wherein the inner and outer frames form a space, and the connecting element (7”) is positioned within the space.
Regarding claim 5:
Noirot discloses wherein at least a portion of the inner frame is in direct physical contact with the outer frame (at 5” and 8” in Fig. 14).
Regarding claim 6:
Noirot discloses wherein the inner frame is not in direct physical contact with the outer frame (embodiment of Fig. 10, showing inner frame 8’ and outer frame 5’).
Regarding claim 7:
Noirot discloses wherein the outer frame has a square cross-sectional shape having four sides and the inner frame has a circular cross-section shape having one continuous side.
Regarding claim 8:
Noirot discloses wherein the structural unit comprises two or more connecting elements (37).
Regarding claim 11:
Noirot discloses two or more structural units; and
a vertical support (37), wherein:
each structural unit is positioned adjacent to at least one other structural unit, and the vertical support is positioned between two structure units.
Regarding claim 14:
Noirot discloses a first group of structural units (top row, refer to Figs. 19 and 20); and
a second group of structural units (middle row), wherein:
the first and second group each have two or more structural units, and
both groups are positioned parallel to a first reference axis (the x-axis).
Regarding claim 15:
Noirot discloses wherein the first group is positioned above the second group relative to a second reference axis (the y-axis).
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peacock et al., US 2011/0030309.
Regarding claim 1:
Peacock discloses a structural unit comprising:
an inner frame (16) comprising a side;
an outer frame (22) comprising three sides; and
a connecting element (30, 24), wherein:
both the inner frame and the outer frame are positioned parallel to a first reference plane (the xy-plane),
the inner frame is positioned within the outer frame (refer to Fig. 1),
the connecting element physically connects the inner frame and the outer frame, and
the connecting element is positioned parallel to the first reference plane.
Regarding claim 9:
Peacock discloses two or more inner frames, wherein each of the two inner frames is positioned within the outer frame (refer to the concentric frames as shown in Fig. 1).
Claims 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leung, US 6,308,469.
Regarding claim 10:
Leung discloses a structural system comprising:
a structural unit (10) comprising:
an inner frame (46 and 50) comprising a side;
an outer frame (24) comprising three sides; and
a connecting element (46), wherein:
both the inner frame and the outer frame are positioned parallel to a first reference plane (the xy-plane),
the inner frame is positioned within the outer frame,
the connecting element physically connects the inner frame and the outer frame, and
the connecting element is positioned parallel to the first reference plane.
Regarding claim 11:
Leung discloses two or more structural units (Fig. 8 and 3rd paragraph of the Detailed Description);
and a vertical support (12), wherein:
each structural unit is positioned adjacent to at least one other structural unit, and the vertical support is positioned between two structural units.
Regarding claim 12:
Leung discloses wherein the vertical support comprises at least one of a wooden beam or a metal beam (12 is wooden).
Regarding claim 13:
Leung discloses further comprising: two or more structural units; and a horizontal support (18), wherein: at least one structural unit is positioned in physical contact with the horizontal support.
Regarding claims 14 and 15:
Leung discloses a first group of structural units; and
a second group of structural units, wherein: the first group comprises two or more structural units, the second group comprises two or more structural units, and both the first group of structural units and the second group of structural units are positioned parallel to a first reference axis (the x-axis) (Leung specifies that the structural units can be positioned adjacent to each other horizontally and vertically),
wherein the first group is positioned above the second group relative to a second reference axis (the y-axis).
Regarding claim 16:
Leung discloses further comprising:
an extension (36) physically attached to at least one of the structural unit or a horizontal support and the extension is positioned parallel to a reference axis (the y-axis).
Regarding claim 17:
Leung discloses a structural unit as set forth above and a wall unit for a housing system (a building).
Regarding claim 18:
Leung discloses wherein the wall unit comprises a vertical beam (studs) and a horizontal beam (70).
Regarding claim 19:
Leung discloses wherein the beams are wood.
Regarding claim 20:
Leung discloses wherein the wall unit further comprises at least one support rod (44) physically attached to at least one horizontal beam (20).
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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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 Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633