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 21-28 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.
Claim 21 recites “optionally”, it is unclear if the limitations following the term are part of the claimed invention causing confusion regarding the scope of the claimed invention.
Claim 28 recites “comprises engineer approval” it is unclear what is meant by and encompassed by “engineer approval” causing confusion regarding the scope of the claimed invention.
It is noted that claims 21-28 are replete with recitations of an intended use, which do not further limit the structural features of the claimed invention. It has been held that a recitation regarding the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus that satisfies the claimed limitations.
Accordingly the claims will be examined as best understood.
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) 21,22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cortina (3921362) in view of Youtz (2720017) and further in view of Claisse (5867950) and further in view of Busby (4467585) and further still in view of Lee (20220063086).
Claim 21. Cortina discloses a modular multi-story building construction system for use by a pair of adult persons to build a housing structure comprising a plurality of panels (11a-c,12a-c, 13a-c,14a-c), two of said plurality of panels being a first panel and a second panel configured for an assembly and/or an installation by said pair of adult persons (where it is capable of the claimed intended use),
a lifting apparatus (27) having at least a first post and a second post (as seen in the figures) configured for lifting said plurality of panels from opposing corners of an existing foundation (where it is capable of the claimed intended use),
a plurality of floor elements (10,22,23,24), one of said plurality of floor elements being a first floor (any one of 10,22,23,24) element having a concrete slab (as noted in the disclosure),
a roof (any other of 22,23,24) having a first shaped beam (34) configured for creating a second floor or a roof which is supported from said concrete slab by said plurality of panels (as noted in the figures and disclosure).
Cortina does not expressly disclose that the first and second post are a steel post or that the shaped beam is a steel “c” shaped beam; and
an anchor bolt jig system configured to eliminate common on-site errors and omissions
wherein said plurality of panels are configured with pre-drilled holes for anchor bolts and electrical wiring,
wherein a plywood sheathing is configured fastened onto a plurality of studs, two of said plurality of studs being a first stud and a second stud, and optionally a window opening and/or a door opening are framed configured to accommodate an on-site installation of a window and/or a door, and
said plurality of panels are configured with a plurality of screws partially installed for connecting said plurality of panels to each other and attaching them to a top-plate.
Youtz teaches a modular multi story construction system comprising steel posts and beams (col. 4, lines 21-25,73-75). It would have been obvious to one of ordinary skill in art at the time the invention was filed to pursue known design options and modify the material of the posts and beams of Cortina to be steel to achieve the predictable result of a structurally strong material that resists corrosion, where steel is a known equivalent type of material for performing the same function, as desired or necessary.
Claisse discloses that it is known to include a jig assembly for anchor bolts for fixing walls plates (as noted at col. 2, lines 60-67). It would have been obvious to one of ordinary skill in the art to include an anchor bolt jig system to achieve the predictable result of assuring accurate installation of anchor bolts to improve consistency and alignment making installation easier.
Busby discloses that it is known to have pre-drilled holes in construction elements (col. 4). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the panels of Cortina to be configured with predrilled holes for anchor bolts and wiring to achieve the predictable result of increasing assembly speed by having the holes pre-drilled.
Lee discloses panels (202,204) including a plywood sheathing is configured fastened onto a plurality of studs, two of said plurality of studs being a first stud and a second stud and optionally a window opening and/or a door opening are framed configured to accommodate an on-site installation of a window and/or a door (paragraph 0027) said plurality of panels are configured with a plurality of screws (paragraph 0018) partially installed for connecting said plurality of panels to each other and attaching them to a top-plate.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the system of Cortina to have a plurality of screws partially installed and plywood sheathing fastened to studs to achieve the predictable result of an easily and quickly assembled building construction that has structural stability and insulation to assist with the interior temp regulation.
Claim 22. The modular multi-story building construction system of claim 21 wherein said anchor bolt jig system is configured for assembly/installation/inspection and shipment to a job site for assembly and/or installation by said pair of adult persons (where it is capable of the claimed intended use).
Claim(s) 23,24,25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cortina (3921362) in view of Youtz (2720017).
Claim 23. Cortina discloses a modular multi-story building construction system for use by a pair of adult persons to build a housing structure comprising a plurality of panels (11a-c,12a-c, 13a-c,14a-c), two of said plurality of panels being a first panel and a second panel configured for an assembly and/or an installation by said pair of adult persons (where it is capable of the claimed intended use),
a lifting apparatus (27) having at least a first post and a second post configured for lifting said plurality of panels from opposing corners of an existing foundation (as seen in the figures),
a plurality of floor elements (any combination of 10,22,23), one of said plurality of floor elements being a first floor element (such as 10) having a concrete slab, and a roof (24) having at least a first shaped beam (34) configured for creating a second floor or a roof which is supported from said concrete slab by said plurality of panels wherein said steel posts further comprise a v-shaped groove having wheels (28b) therein to raise, lower, and hoist a panel holding said panel in place to be easily tilted into a location and securely fastened (as noted in the figures).
Cortina does not expressly disclose that the posts and beam are steel. Youtz teaches a modular multi story construction system comprising steel posts and beams (col. 4, lines 21-25,73-75). It would have been obvious to one of ordinary skill in art at the time the invention was filed to pursue known design options and modify the material of the posts and beams of Cortina to be steel to achieve the predictable result of a structurally strong material that resists corrosion, where steel is a known equivalent type of material for performing the same function, as desired or necessary.
Claim 24. Cortina discloses a modular multi-story building construction system for use by a pair of adult persons to build a housing structure comprising a plurality of panels (11a-c,12a-c, 13a-c,14a-c), two of said plurality of panels being a first panel and a second panel configured for an assembly and/or an installation by said pair of adult persons (where it is capable of the claimed intended use),
a lifting apparatus (27) having at least a first post and a second post configured for lifting said plurality of panels from opposing corners of an existing foundation (as seen in the figure),
a plurality of floor elements (any combination of 10,22,23), one of said plurality of floor elements being a first floor element (such as 10) having a concrete slab, and
a roof (24) having at least a first “C” shaped beam (34) configured for creating a second floor or a roof which is supported from said concrete slab by said plurality of panels (as noted in the figures),
wherein said plurality of panels further comprises an upper top-plate (16/41) configured for an ease of alignment during a lifting and/or a tilting and for a fastening to an attaching platform and/or a roof, a plurality of pre-drilled holes (the holes where the bolts 21 are installed) through said plurality of panels wherein said plurality of pre-drilled holes comprises at least a first pre-drilled hole and a second pre-drilled hole (See figure 5, one on each side of 36) configured for operational placement of a plurality of anchor bolts (21) comprising at least a first anchor bolt and a second anchor bolt and/or an electrical wiring, and a lower top-plate (a lower 41/16) operationally connected to said plurality of panels configured wherein said upper top-plate and said lower top-plate glide into an alignment when connected.
Cortina does not expressly disclose that the posts and beam are steel. Youtz teaches a modular multi story construction system comprising steel posts and beams (col. 4, lines 21-25,73-75). It would have been obvious to one of ordinary skill in art at the time the invention was filed to pursue known design options and modify the material of the posts and beams of Cortina to be steel to achieve the predictable result of a structurally strong material that resists corrosion, where steel is a known equivalent type of material for performing the same function, as desired or necessary.
Claim 25. Cortina discloses a modular multi-story building construction system for use by a pair of adult persons to build a housing structure comprising a plurality of panels (11a-c,12a-c, 13a-c,14a-c), two of said plurality of panels being a first panel and a second panel configured for an assembly and/or an installation by said pair of adult persons (where it is capable of the claimed intended use),
a lifting apparatus (27) having at least a first post and a second post configured for lifting said plurality of panels from opposing corners of an existing foundation (as noted in the figures),
a plurality of floor elements (any combination of 10,22,23), one of said plurality of floor elements being a first floor element (such as 10) having a concrete slab, and
a roof (24) having at least a first “C” shaped beam (34) configured for creating a second floor or a roof which is supported from said concrete slab by said plurality of panels (as seen in the figures and note din the disclosure),
wherein one of said plurality of panels is a modular construction panel comprising a panel having an upper top-plate (16/41) configured for an ease of alignment during a lifting and/or a tilting and for a fastening to an attaching platform and/or a roof (as noted in the figures and disclosure),
an anchor bolt jig system comprising a plurality of pre-drilled holes (at 21, the holes where 21 are) through said panel wherein said plurality of pre-drilled holes comprises at least a first pre-drilled hole and a second pre-drilled hole (as seen in figure 5) configured for operational placement of a plurality of anchor bolts (21) comprising at least a first anchor bolt and a second anchor bolt and/or an electrical wiring, and a lower top-plate (a lower 16/41) operationally connected to said panel configured wherein said upper top-plate of a first modular construction panel and said lower top-plate of a second modular construction panel glide into an alignment when connected (as seen in the figures).
Cortina does not expressly disclose that the posts and beam are steel. Youtz teaches a modular multi story construction system comprising steel posts and beams (col. 4, lines 21-25,73-75). It would have been obvious to one of ordinary skill in art at the time the invention was filed to pursue known design options and modify the material of the posts and beams of Cortina to be steel to achieve the predictable result of a structurally strong material that resists corrosion, where steel is a known equivalent type of material for performing the same function, as desired or necessary.
Claim 26. The modular multi-story building construction system of claim 25 wherein said second modular construction panel is a roof (as noted in the figures).
Claim 27. The modular multi-story building construction system of claim 25 wherein said anchor bolt jig system is configured for assembly/installation/inspection and shipment to a job site (where it is capable of the claimed intended use).
Claim 28. The modular multi-story building construction system of claim 25 wherein said panel comprises engineer approval and is configured to enable a visual construction compliance inspection to ensure a compliance with a building code (where it is capable of the claimed intended use).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635