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 .
PRODUCT BY PROCESS CLAIM:
“ The subject matter present is regarded as a product by process claim in which a product is introduced by the method in which it is made. It is the general practice of this office to examine the final product described regardless of the method provided by the applicant.”
The limitation of “ laser etched” in claim 13 is a product by process limitation and is thus treated accordingly to the office policy set forth above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 5-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-19 of U.S. Patent No. 12270194. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims 5-20 are encompassed by the scope of claims 13-19 of patent 12270194.
Claims 5-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 11149430. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims 5-20 are encompassed by the scope of claims 1-6 of patent 11149430.
Claims 5-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 9157249. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims 5-20 are encompassed by the scope of claims 1-10 of patent 9157249.
Claims 5-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 8677698. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of claims 5-20 are encompassed by the scope of claims 1-13 of patent 8677698.
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) 5-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Meredith et al (2007/0044411) in view of Appleford (2008/0302027).
Per claim 5, Meredith et al shows a construction set for assembling a relocatable habitat unit (RHU) comprising: a plurality of panels(2a, 3, figure 4), each panel is that are substantially flat, and substantially rectangular, wherein-each of said base plurality of panels including comprises: a frame comprising made up of two vertical beams and two horizontal beams (17, 16) connected together to form a substantially rectangular
shape, a foam core(8) comprising made up of a composite polymer foam material bonded to said frame between said two vertical beams and said two horizontal beams,
at least one male lock connector(40, 38) located on each of said vertical beams and each of said horizontal beams of said frame, said male lock connector comprising a socket and a cam lock affixed to the socket for rotation therewith, wherein the cam
lock includes a first ramp and an opposed second ramp, with the ramps inclined to form a decreasing taper with increased distance from the socket, and at least one female lock connector(41) located on each of said vertical beams and each of said horizontal beams of said frame, said female lock connector comprising a first abutment and a
second abutment distanced from the first abutment for simultaneous engagement with a respective ramp on the male lock connector; a first group of the panels removably coupled together via their respective male and female connectors to form a floor(3, figure 1) of the RHU; a second group of the panels removably coupled together via their
respective male and female connectors, and further coupled to the floor of
the RHU to form exterior walls(the wall panels) of the RHU; a fourth group of the panels removably coupled together via their respective male and female connectors, and further coupled to the exterior walls of the RHU to form a ceiling(figure 1) of the RHU;
a plurality of vertical corner posts (50, figure 8)interspersed between and removably coupled to the exterior walls of the RHU orthogonally at each corner via their respective
male and female connectors; a plurality of horizontal beams coupled to the plurality of vertical posts as a frame, and removably coupled to the exterior walls of the RHU and one of the floor and the ceiling of the RHU via at least of one their respective male and
female connectors, wherein each horizontal beam including an elongated member having a first end and a second end with a first surface and a second surface extending there between, the first surface being substantially orthogonal to the second surface, and each first surface and each second surface including a plurality of connectors selected from a group consisting of male lock connectors and female lock connectors.
Meredith does not show a third group of the panels further coupled to the floor of the RHU to form interior walls of the RHU; a fourth group of the panels removably coupled to the exterior walls and to the interior walls of the RHU to form a ceiling of the RHU.
Appleford (figures 9, 14) shows a third group of the panels further coupled to the floor of the RHU to form interior walls of the RHU; a fourth group of the panels removably coupled to the exterior walls and to the interior walls of the RHU to form a ceiling of the RHU.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Meredith to show a third group of the panels further coupled to the floor of the RHU to form interior walls of the RHU; a fourth group of the panels removably coupled to the exterior walls and to the interior walls of the RHU to form a ceiling of the RHU as taught by Appleford with a reasonable expectation of success in order to form a house with different room and partition space.
Per claim 6, Meredith as modified further shows the third group of the panels are positioned to form an interior room of the RHU and at least one of said panels includes a door (61) adapted for access to said interior room.
Per claim 7, Meredith as modified further shows the third
group of the panels are positioned to form a plurality of interior rooms of the RHU
and a plurality of said panels includes a door, each adapted for access to at least
one of the plurality of interior rooms.
Per claim 8, Meredith as modified shows at least one panel of the third group of the panels is configured as a shared wall between at least two of the plurality of interior rooms.
Per claim 9, Meredith as modified further shows a floor panel wherein the floor panel consists of a frame and at least one floor board.
Per claim 10, Meredith as modified shows all the claimed limitations except for the floor panel further comprises adjustable feet.
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify Meredith’s modified structures to show the floor
panel further comprises adjustable feet with a reasonable expectation of success in order to allow for vertical adjustment of the housing structure as needed.
Per claim 11, Meredith as modified shows all the claimed limitations except for the vertical corner posts are of varying lengths to support multi-story relocatable habitat units.
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify Meredith’s modified structures to show vertical corner posts are of varying lengths to support multi-story relocatable habitat units with a reasonable expectation of success in order to allow for the easy formation of multi-story housing structure.
Per claim 12, Meredith as modified does not show one or more
panels consist of a roll up door.
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify Meredith’s modified structures to show one or more panels consist of a roll up door with a reasonable expectation of success since having a roll up garage door forming a housing structure enables easy control opening and closing of a door as demonstrated by many existing housing structures.
Per claim 13, Meredith as modified further shows each panel
of said first plurality the second group of the panels is laser etched(product by process limitations) on at least one side to replicate the look and texture of a building material in appearance and texture (inherently so as it is a building panel).
Per claim 14, Meredith(figure 21) as modified further shows each panel of said first plurality the second group of the panels further includes comprises a ledge configured to rest on a panel selected from said third plurality the first group of the panels.
Per claim 15, Meredith as modified further shows the second
group of the panels includes at least one door adapted for access to the RHU.
Per claim 16, Meredith as modified further shows the second group of the panels includes at least one window(142).
Per claim 17, Meredith as modified further shows a construction set for assembling a relocatable habitat unit (RHU) comprising: a base plurality of panels, wherein each panel is that are substantially flat, and substantially rectangular, wherein each of said base plurality of panels including comprises: a frame comprising made up of two vertical beams and two horizontal beams connected together to form a substantially rectangular shape, a foam core comprising made up of a composite polymer foam material bonded to said frame between said two vertical beams and said two horizontal beams, at least one male lock connector located on each of said vertical beams and each of said horizontal beams of said frame, said male lock connector comprising a socket and a cam lock affixed to the socket for rotation therewith, wherein the cam lock includes a first ramp and an opposed second ramp, with the ramps inclined to form a decreasing taper with increased distance from the socket, and
at least one female lock connector located on each of said vertical beams and each of said horizontal beams of said frame, said female lock connector comprising a first abutment and a second abutment distanced from the first abutment for simultaneous engagement with a respective ramp on the male lock connector; a first group of the panels removably coupleable together via their respective male and female connectors to form a floor of the RHU; a second plurality group of the panels removably coupleable together via their respective male and female connectors, and further coupled to
the floor of the RHU to form exterior walls of the RHU; a third plurality group of the panels removably coupleable together via their respective male and female connectors, and further coupled to the floor of the RHU to form interior walls of the RHU; a fourth group of the panels removably coupleable together via their respective male and female connectors, and further coupled to the exterior walls and to the interior walls of the RHU to form a ceiling of the RHU; a plurality of vertical corner posts configured to be interspersed between and removably coupled to the exterior walls of the RHU orthogonally at each corner via their respective male and female connectors; a plurality of horizontal beams configured to couple to the plurality of vertical posts as a frame, and to removably couple to the exterior walls of the RHU and one of the floor and the ceiling of the RHU via at least of one their respective male and female connectors, wherein each horizontal beam including an elongated member having a first end and a second end with a first surface and a second surface extending there between, wherein the first
surface being substantially orthogonal to the second surface including a plurality of connectors selected from a group consisting of male lock connectors and female lock connectors; and a tool(42) for selectively cooperating with a male lock connector to engage the male lock connector with a female lock connector for assembly of the RHU.
Per claims 18-19, Meredith as modified shows all the claimed limitations except for the tool comprises: a head; a drive for holding the head; and a handle connected to the drive for manipulating the combination of drive and head, wherein the
head is a hex head wrench and the socket is a hex socket.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Meredith’s modified structure to show the tool comprises: a head; a drive for holding the head; and a handle connected to the drive for manipulating the combination of drive and head, wherein the head is a hex head wrench and the socket is a hex socket with a reasonable expectation of success since having the tool with a head, a drive, and handle would allow for easy turning of the locking mechanism of the panels and examiner takes Official Notice of the well known use of such a tool for opening and closing of a locking mechanism for panels.
Per claim 20, Meredith as modified further shows a floor panel wherein the floor panel consists of a frame and at least one floor board; and wherein the floor panel further comprises adjustable feet; wherein the vertical corner posts are of varying lengths to support multi-story relocatable habitat units; and wherein one or more panels consist of a roll up door.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different modular housings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI D Tran whose telephone number is (571)272-6864. The examiner can normally be reached M-F 8-5 EST.
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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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/PHI D A/Primary Examiner, Art Unit 3633
