DETAILED ACTION
The Examiner acknowledges Claims 1, 3, 4 and 9 have been amended and Claim 10 has been added.
Response to Arguments
Applicant’s arguments and amendments with respect to the 112 rejection have been fully considered and are persuasive. The 112 rejection of Claim 4 has been withdrawn.
Applicant’s arguments and amendments with respect to the Prior Art rejections have been considered but are moot because the amendment(s) have necessitated a new ground(s) of rejection.
Claim Objections
The following claims are objected to because they contain minor informalities. Appropriate correction is required.
Claim 1
Line 25 has a comma that seems out of place between “front” and “wall”.
It seems as though the word “a” could be used on Line 29 between “and” and “position”.
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 and 3-10 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.
In claim 1, on Line 9, it recites “the movable ceiling and the movable floor” but Line 2 previously recited “a movable ceiling part” and Line 3 recited “a movable floor part”.
In claim 3, on Line 3, it recites “a fixed floor part” but Line 3 of claim 1 already recited a fixed floor part. It is unclear if these are the same or different.
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.
Claims 1, 3, 4 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 5,596,844 to Kalinowski in view of US Patent # 11,629,493 to Livingstone.
Regarding claim 1, Kalinowski teaches in Figure 7A, a foldable living compartment [building (Column 1, Line 7)] comprising: a ceiling (Column 10, Lines 2-3) that includes a fixed ceiling part (56) [main roof section (Column 7, Lines 11-12)] and a movable ceiling part (52/54) [first and second roof sections (Column 7, Lines 47-48)]; a floor (Column 7, Lines 17-19) that includes a fixed floor part (38) [main floor section (Column 7, Line 11)] and a movable floor part (36 and 44) [first and second floor sections (Column 7, Lines 25-26)]; Figure 6 shows a first articulating [hingedly connected (Column 8, Line 32)] sidewall (82/86) [wall sections (Column 8, Lines 38-39)] configured to articulate [hinge (Column 8, Lines 33-34)] between a folded state [Figure 6] and an unfolded state [Figure 11]; a second articulating [hingedly connected (Column 8, Line 32)] sidewall (82/86) configured to articulate [hinge (Column 8, Lines 33-34)] between a folded state [Figure 6] and an unfolded state [Figure 11], the second articulating sidewall (82/86) being arranged opposite the first articulating sidewall (82/86); and a front wall (76) [end wall (Column 8, Line 30)] connected to the first (82/86) and second (82/86) articulating sidewalls, Figure 12 shows the front wall (76), and the first and second articulating sidewalls (82/86) being disposed between the movable ceiling (52/54) and the movable floor (36 and 44) in an expanded state [as seen] in which the first and second articulating sidewalls (82/86) are in the unfolded states (Column 8, Line 22) thereof, wherein each articulating sidewall (82/86) comprises two or more sidewalls panels (82 and 86) engaged with each other to enable the living compartment to articulate [hinge (Column 8, Lines 34-35)] between the expanded state [Figure 11] and a collapsed state [Figure 6] in which the first and second articulating sidewalls (82/86) are in the folded states (Column 6, Line 46) thereof; wherein the movable ceiling part (52/54) is pivotally engaged [via hinge 64] with the fixed ceiling part (56); wherein the movable ceiling part (52/54) is pivotally movable [via hinge 64] relative to the fixed ceiling part (56) between a first position [see Figure 7A] in which the movable ceiling part (52/54) extends generally downwardly and a second position [see Figure 12] in which the movable ceiling part (52/54) extends generally horizontally and rests on the first and second articulating sidewalls (82/86); and wherein the front wall (76) while extending between the movable ceiling part (52/54) and the movable floor part (36/44), translationally moves [see Figures 9 and 11] relative to the movable ceiling part (52/54), the movable floor part (36/44), the fixed ceiling part (56) and the fixed floor part (38) as the articulating sidewalls (82/86) transition [see Figures 9 and 11] between the folded states ant he unfolded states thereof to move the front wall (76) from a position [see Figure 7a] that is closer to the fixed ceiling part (56) and the fixed floor part (38) and position [see Figure 12] that is farther from the fixed ceiling part (56) and the fixed floor part (38). Kalinowski does not teach each of the sidewall panels comprising: a first subpanel and a second subpanel. However, Livingstone teaches in Figure 4 a panel (Column 7, Lines 5-6) comprising a first subpanel (5), a second subpanel (6) opposing the first subpanel (5), and spaced from the first subpanel (5), defining a chamber (Column 7, Lines 23-25) trapping a layer of air therebetween [within the insulating core (Column 7, Lines 20-21)]. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to combine Kalinowski with Livingstone and have a reasonable expectation of success because Livingstone teaches his panels seal the components from environmental elements lessening the risk of condensation within the panels and growing mold (Column 7, Lines 23-27).
Regarding claim 3, Kalinowski in view of Livingstone teach a foldable living compartment. Furthermore, Kalinowski teaches in Figure 7A, a back wall (76) which is opposite to the front wall (76) [there are two end walls 76, one would be the front, one would be the back], which, when in its expanded configuration [Figure 12], is translationally movable [see Figures 9 and 11] relative to a fixed floor part (38) between an extended position [see Figure 12] in which it is furthest away from the fixed floor part (38) and a retracted position [see Figure 7A] in which it is closest to the fixed floor part (38).
Regarding claim 4, Kalinowski in view of Livingstone teach a foldable living compartment. Furthermore, Kalinowski teaches in Figure 7A, the movable floor part (36/44) is pivotally engaged [via hinge 46] with the fixed floor part (38); wherein the movable floor part (36/44) is pivotally movable [via hinge 46] relative to the fixed floor part (38) between a first position [see Figure 7A] in which the movable floor part (36/44) extends generally upwardly vertically and a second position [see Figure 12] in which the movable floor part (36/44) extends generally horizontally.
Regarding claim 8, Kalinowski in view of Livingstone teach a foldable living compartment. Furthermore Kalinowski teaches in Figure 6, adjoining parts of the two or more sidewall panels (82/86) are covered by a T-shaped covering (58) [central wall section 58 creates a T-shape with the sidewall panels 82 and 86]. Kalinowski and Livingstone do not teach the two or more sidewall panels are sheet moulding compound panels. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the panels be sheet moulding compound panels since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Regarding claim 9, Kalinowski in view of Livingstone teach a foldable living compartment. Furthermore, Kalinowski teaches in Figure 3, each articulating sidewall (82/86) is constructed so that each sidewall panel (82 or 86) is connected to another sidewall panel (82 or 86) thereof by a generally L-shaped member (88, Fig 6A) (Column 9, Lines 4-12) indoor of the foldable living compartment (20).
Regarding claim 10, Kalinowski in view of Livingstone teach a foldable living compartment. Furthermore, Kalinowski teaches the fixed floor part (38) is longer than the fixed ceiling part (56).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 5,596,844 to Kalinowski in view of US Patent # 11,629,493 to Livingstone in further view of US Patent Application Publication # 2013/0232887 to Donnini.
Regarding claims 5-7, Kalinowski in view of Livingstone teach a foldable living compartment but do not teach at least two units joined together. However, Donnini teaches in Figure 1, at least two units (L and H) of foldable living compartments [housing (Paragraph 0005)] joined together; a passage [staircase (Paragraph 0207)] allowing passage between the at least two units of foldable living compartments; and Figure 8 shows the two units (L and H) of foldable living compartments are not identically constructed. It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kalinowski and Livingstone with Donnini and have a reasonable expectation of success because Donnini teaches using two prefabricated elements to create a prefabricated building with two stories (Abstract).
Conclusion
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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