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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the fixings and forklift slots must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 1-14 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 1 recites “conventional” throughout which is not clear as to the limits of “conventional”, “such as” and “the like” is also not clear what encompasses these limitations. The limitation of “basic service” is not clear as to what is basic, “its lateral sides”, “the respective side”, “the capacity” and “that side” lack antecedent basis.
Claims 2-14 are rejected for depending from claim 1. These claims will be examined as best understood.
Claim 2 recites “are standard”, “preferably” are not clear as to their limitations.
Claim 3 recites “the standard for maritime transport” lacking antecedent basis.
Claims 4 and 8 recites “the fork” lacking antecedent basis.
Claim 10 recites “among others” which is not clear as to what this encompasses.
Claim 11, recites “the different” lacking antecedent basis.
Claim 12 recites “the dimensions” lacking antecedent basis, “standard maritime container” is not clear as to what is standard, and “specially adapted” is not clear as to what entails an adaption.
Claim 13 recites “specially adapted” is not clear as to what entails an adaption.
Claim Rejections - 35 USC § 102
(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) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application No. US 2008/0134589 to Abrams et al.
Regarding claim 1, as best understood, Abrams discloses a living module made of a standard shipping container comprising a rectangular shape (fig. 10) with lateral sides, roof, floor and ends (fig. 10), a secondary structure (fig. 24: 162; fig. 27: 187, 170; also see bracing such as 42, fig. 1), the floor is a flat panel reinforced (fig. 6: 16) capable of residential use, the roof is generally flat and external fittings (such as fig. 7: 32, 56) oriented outward defining a transport side, capable of having the capacity for travel at a 90 degree angle. It should be noted that the container rests on a truck bed, the container being rectangular at end faces (figs. 13 and 14) and is therefore capable of such orientation.
Regarding claim 2, the fixings are in corners (better seen in fig. 17: 32).
Regarding claim 3, as best understood, the fixings are sized accordingly.
Regarding claim 4, the transport has slots (slots at 56, fig. 7).
Regarding claim 5, the sides have reinforced structure as recited in the rejection of claim 1.
Regarding claim 6, the floor is reinforced (by 16, fig. 6).
Regarding claim 7, the outer part of the floor has fixings (fig. 7: 32) at corners of the floor.
Regarding claim 8, slots (hole in 32) capable of having a forklift insert. Also, the applicant should look to [0021], [0180] teaching the use of lifting with forklifts.
Regarding claim 9, the roof allows for water evacuation (ribs 36).
Regarding claim 10, a living space is within the module.
Regarding claim 11, an internal partition is disclosed as an embodiment shown in fig. 40, fig. 62).
Regarding claim 12, as best understood, the module has standard dimensions.
Regarding claim 13, the module may be a maritime transport container.
Regarding claim 14, fixings may accommodate a second module (such as fig. 17).
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.
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 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
