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 17, 22, 28, 33, 35, 43 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.
Claims 17, 22, 33, 35 and 43 recite “optionally” which is not clear if this is claimed.
Claim 28 recites “with more two or more service pods” which is not clear.
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, 6, 7, 9, 11, 14, 17, 20, 22, 25, 28, 33, 35, 37, 39, 41, 42, 43, 48, 49, 50, 51 and 52 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. US 2011/0056147 to Beaudet.
Regarding claim 1, Beaudet discloses a modular building unit and method of constructing having a service pod (figs. 1-4) able to be used for service functions within the building (figs. 6-12), the pod having structural frame members (see frame members figs 1-3) with roof (see multiple roofs, figs. 5, 12) and floors (12a), the pod connected to floors and roofs (as in figs 5, 8, 10, 11, 12) forming a building and the pod is arranged as a load bearing support extends between roof and floor (figs. 1-3) with loading transmitted from roof to floor.
Regarding claim 5, the pod defines a primary load bearing path (as without the pod, the building would fail) from roof to floor during use (fig. 12) defining a primary load bearing path passing from roof to floor (as top to bottom).
Regarding claim 6, the load bearing support of the pod is sandwiched (as fig. 5) between roof and floor.
Regarding claim 7, a plurality of pods are disclosed (fig. 12: see plurality of pods, each capable of performing a service, and each having structural frames as rejected in claim 1 with loads transmitting from roof to floor.
Regarding claim 9, the floor has a recess or protrusion with a locating member to match a pod with recess or locating member (figs. 2, 13-15 components 15, 16, 2, 2a).
Regarding claim 11, the recess is lower (2), the locating member (15) is a lower locating member and shaped for mating the pod to a floor and the roof is attached in the same manner by upper recesses and locating members (as figs. 2 and 13-15) to prevent movement.
Regarding claim 14, the recess is elongate (such as flat elongate 2) with a main axis parallel to a plane of the floor and the locating member can translate relative to the recess in a direction along its main axis (along the main axis of the fastener (15), as up/down).
Regarding claim 17, the recess has a side wall (thickness of material creating hole) and abuts the locating member (15).
Regarding claim 20, the pod frame is of a plurality of frame members and coupling each frame member to more frame members (as fig. 5) and arranging a frame member of the structural frame to define the locating member (framework arranged as shown in figs 13-15).
Regarding claim 22, the locating member has two sidewalls (flat head and flat nut, 15, 16) which are planar and define an abutment surface (against 2 and 2a) to contact the side walls of 2 and 2a.
Regarding claims 25, 28, 33 and 35, a plurality of pods, with roofs and floors, are disclosed (as in the rejection of claim 1), each with a plurality of recesses and locating members (as fig. 5, 11, 12).
Regarding claim 37, the floor/roof is one piece and the locating member is integral with the floor/roof when assembled.
Regarding claim 39, wall panels are disclosed which connect floor to roof (as figs. 5, 12) and inherently are load bearing with a support (vertical beams figs 1-3), the walls extend between roof and floor and recesses and locating members (as fig. 15: 18).
Regarding claim 41, a pod is configured as an external wall of the unit (fig. 9: see pods on outer perimeter).
Regarding claim 42, a wall panel forms part of a pod wall (as walls in figs.8, 9).
Regarding claim 43, a plurality of pods are disclosed and the floors connect multiple pods (as figs. 8, 9 are connected by one floor).
Regarding claims 48 and 49, these are rejected for reasons cited in the rejection of claim 1.
Regarding claim 50, a building unit is disclosed (fig. 12).
Regarding claim 51, the building unit is transportable (fig. 12: 13, [0038]) to a final location in a substantially assembled form (pre built [0038]) and building units may be connected at a final location (fig. 12).
Regarding claim 52, claim 52 is rejected for reasons cited in the rejection of claim 51 and the building unit defines an internal volume (interior space figs. 8-10) which may be living space and building units are connected (fig. 12) at a final location.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. 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 on (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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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633
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