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, 5, and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 2,792,1005 to Wilson (“Wilson”).
Regarding claims 1, 5, and 6, Wilson discloses a structure capable of use as a hotel comprising: a base structure 20, 21 secured to the ground; a framework 26, 27 secured to the base structure 20, 21, the framework 26, 27 capable of rotation with respect to the base structure 20, 21; and a plurality of living quarters 140 (Fig. 13, 14) secured to the framework, the plurality of living quarters capable of rotation with respect to the framework, the plurality of living quarters capable of accommodating various activities. Moreover, the method steps of claim 5 are necessarily performed in assembling the structure of claim 1.
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, 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) 2, 3, 4, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson in view of U.S. Patent No. 2,663,437 to Caiola (“Caiola”).
Regarding claims 2 and 7, Wilson does not disclose one or more access tunnels extending at an elevation corresponding to a first position of the plurality of living quarters to provide access to the plurality of living quarters.
Caiola discloses that rotatable shelters can be placed underground with one or more access tunnels (see Fig. 5) extending at an elevation corresponding to a first position of the plurality of living quarters to provide access to the plurality of living quarters. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the structure of Wilson to have one or more access tunnels extending at an elevation corresponding to a first position of the plurality of living quarters to provide access to the plurality of living quarters as taught in Caiola with a reasonable expectation of success because it would allow use of the rotatable shelters while protected from the elements.
Regarding claim 3, Wilson discloses a structure capable of use as a hotel comprising: a base structure 20, 21 secured to the ground; a framework 26, 27 secured to the base structure 20, 21, the framework 26, 27 capable of rotation with respect to the base structure 20, 21; and a plurality of living quarters 140 (Fig. 13, 14) secured to the framework, the plurality of living quarters capable of rotation with respect to the framework.
Wilson does not disclose one or more access tunnels extending at an elevation corresponding to a first position of the plurality of living quarters to provide access to the plurality of living quarters.
Caiola discloses that rotatable shelters can be placed underground with one or more access tunnels (see Fig. 5) extending at an elevation corresponding to a first position of the plurality of living quarters to provide access to the plurality of living quarters. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the structure of Wilson to have one or more access tunnels extending at an elevation corresponding to a first position of the plurality of living quarters to provide access to the plurality of living quarters as taught in Caiola with a reasonable expectation of success because it would allow use of the rotatable shelters while protected from the elements.
Regarding claim 4, Wilson in view of Caiola discloses that the plurality of living quarters capable of accommodating various activities.
Conclusion
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/CHRISTINE T CAJILIG/ Primary Examiner, Art Unit 3633