Office Action 3: Notice of Allowance (2025-02-04)

CLAIMS:
AMENDMENTS TO THE CLAIMS

Please amend the claims as follows:

1\. (Currently Amended) A prefabricated construction volumetric module comprising:
a frame structure divided into a truss zone and a habitation zone below the truss zone,the frame structure including a roof and two support columns on a single edge,
the frame structure further including a truss system within the truss zone, wherein the truss system runs perpendicular to the single edge and a structural load is distributed across the truss system of aligned adjacent modules; and
a lateral joint on a first support column of the two support columns on the single edge enabling the first support column to fold independently of a second support column of the two support columns on the single edge, the lateral joint defining a boundary between the truss zone and the habitation zone, wherein folding the first support column in a direction parallel to the single edge at the lateral joint causes a lower region of the first support column to align parallel with the roof and reduce a standing height of the prefabricated construction volumetric module for transport.

2\. (Original) The prefabricated construction volumetric module of claim 1, wherein the prefabricated construction volumetric module further comprises:
a diagonal truss within the truss zone; and an adjacent module receiver configured to receive a flange from an adjacent prefabricated module, the adjacent module receiver configured to structurally bolt the flange to the diagonal truss.

3\. (Original) The prefabricated construction volumetric module of claim 1, wherein the first support column further comprises:
a telescoping length that bolts into place at a vertical support length and a truss length.

4\. (Original) The prefabricated construction volumetric module of claim 1, further comprising a structural ceiling truss that is either of:
a horizontal truss; or a diagonal truss.

5\. (Original) The prefabricated construction volumetric module of claim 2, wherein the prefabricated construction volumetric module is bolted to the adjacent prefabricated modules and wherein a corresponding structural ceiling truss from each of the prefabricated construction volumetric modules bolted together form a bowstring truss.

6\. (Previously Presented) The prefabricated construction volumetric module of The prefabricated construction volumetric module of wherein when in a building configuration, two support columns on the single edge of the prefabricated construction volumetric module are in a vertical configuration and an opposing edge is attached to an adjacent module without any supporting vertical columns.

7\. (Original) A prefabricated construction volumetric module comprising:
a frame structure divided into a truss zone and a habitation zone below the truss zone,the frame structure including a roof and support columns;
a lateral joint on a first support column enabling the first support column to fold, the lateral joint defining a boundary between the truss zone and the habitation zone, wherein folding the first support column at the lateral joint modifies a lower region of the first support column from the habitation zone into a first horizontal ceiling truss positioned at the boundary of the truss zone; and
a column receiver that affixes to the first horizontal ceiling truss, the column receiver associated with the first horizontal ceiling truss positioned on an adjacent support column and at the boundary of the truss zone, the column receiver configured to affix the first support column when folded as a horizontal structural ceiling truss.

8\. (Original) The prefabricated construction volumetric module of claim 7, further comprising an attachment flange that is configured to structurally bolt to adjacent modules, the attachment flange extending outward to an exterior of the prefabricated construction volumetric module at the lateral joint and enabling a structural continuation of the horizontal structural ceiling truss to a neighboring ceiling truss of the adjacent module.

9\. (Original) The prefabricated construction volumetric module of claim 7, wherein the prefabricated construction volumetric module further comprises:
a winch mount positioned on the frame structure that positions a winch that assists folding of the first support column.

10\. (Original) The prefabricated construction volumetric module of claim 7, wherein the first support column further comprises:
an extension foot that bolts into an end of the first support column and adjusts a standing height of the prefabricated construction volumetric module while the first support column is in a vertical configuration.

11\. (Original) The prefabricated construction volumetric module of claim 7, wherein the first horizontal ceiling truss is further configured to bolt to an adjacent horizontal ceiling truss of a second support column.

12\. (Original) The prefabricated construction volumetric module of claim 7, wherein the prefabricated construction volumetric module further comprises:a set of permanent diagonal trusses in the truss zone.

13\. (Original) The prefabricated construction volumetric module of claim 7, wherein the prefabricated construction volumetric module is bolted to adjacent prefabricated construction volumetric modules and wherein a corresponding structural ceiling

truss from each of the prefabricated construction volumetric modules bolted together form a bowstring truss.

14\. (Original) The prefabricated construction volumetric module of claim 7, wherein when in a building configuration, all four support columns are positioned as the horizontal structural ceiling trusses and the roof is held aloft by bolts to adjacent prefabricated construction volumetric modules.

15\. (Original) A system of prefabricated construction volumetric modules each including a frame structure divided into a truss zone and a habitation zone below the truss zone, the frame structure including a roof and support columns, the system comprising:
a first volumetric module including a first pair of support columns on a single side, a diagonal structural ceiling truss in the truss zone, and a set of receiving elements associated with structural bolts to adjacent modules on a side opposite the first pair of support columns; and
a second volumetric module including a folding support column that folds via a lateral joint at a corresponding boundary between the truss zone and the habitation zone, wherein folding the folding support column at the lateral joint causes a lower region of the folding support column convert into a horizontal structural ceiling truss;
wherein the first volumetric module and the second volumetric module are bolted together in a building configuration wherein the diagonal structural ceiling truss and the horizontal structural ceiling truss together form a portion of a bowstring truss.

16\. (Original) The system of prefabricated construction volumetric modules of The system of prefabricated construction volumetric modules of wherein the prefabricated construction volumetric modules further comprise:
a winch mount positioned on the frame structure that positions a winch that assists folding of the support columns.

17\. (Original) The system of prefabricated construction volumetric modules of The system of prefabricated construction volumetric modules of wherein the folding support column further comprise:
an extension foot that removably affixes to the folding support column of the second volumetric module and adjusts a standing height of the second volumetric module while the support column is in a vertical configuration.

18\. (Original) The system of prefabricated construction volumetric modules of The system of prefabricated construction volumetric modules of wherein when in the building configuration a floorspace in the habitation zone between the first volumetric module and the second volumetric module does not include any vertical columns.

19\. (Original) The system of prefabricated construction volumetric modules of The system of prefabricated construction volumetric modules of further comprising:
a third volumetric module including a second pair of support columns on a same side, a second diagonal structural ceiling truss in the truss zone, and an additional set of receiving elements associated with structural bolts to adjacent modules on a side opposite the second pair of support columns;
wherein the third volumetric module is further bolted together with the first and second volumetric modules in the building configuration wherein the second diagonal structural ceiling truss completes the bowstring truss.

20\. (Original) The system of prefabricated construction volumetric module of The system of prefabricated construction volumetric module of wherein the second volumetric module further comprises:
a set of permanent diagonal trusses in the truss zone.

OFFICE 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 .
Terminal Disclaimer
The terminal disclaimer filed on 12/20/24 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 11,802,402 has been reviewed and is accepted.  The terminal disclaimer has been recorded.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Claims 1-20 are allowable for the reasons set forth on page 8 of applicant’s response filed on 12/20/24 and on page 3 of the Final Rejection dated 09/24/24.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKS/ARGUMENTS
Claims 1-20 were pending when the present Office Action was mailed on September 24, 2024. Claim 1 has been amended. The foregoing amendments are made to expedite prosecution of this application, without prejudice to pursuing these claims in unamended or other forms in a continuation or other application. Accordingly, claims 1- 20 are currently pending.
The status of the application in light of this Office Action is as follows:
A) Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by U.S. Publication No. 2017/0370091 to Dragan("Dragan");
B) Claims 7-20 are rejected on the ground of nonstatutory double patenting as
being unpatentable over claims 1-18 of U.S. Patent No. 11,802,402.
Although the claims at issue are not identical, they are not patentably distinct from each other because each limitation in the pending claims are
recited in and thus within the scope of the patented claims.
C) Claims 2, 3, 5, 6 are objected to as being dependent upon a rejected base
claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 7-20
are allowable.
Examiner Interview Summary
Applicant thanks Examiner Cajilig for engaging in an interview with Applicant's representative (the undersigned) during the telephonic interview conducted on December 18, 2024 ("Interview"). During the Interview, claim 1 and its rejections as set forth in the Office Action were discussed. The examiner indicated that a revised version of a discussed amendment would overcome the present rejections and would trigger further search. Accordingly, Applicant respectfully requests that this document constitute Applicant's Interview Summary. If the Examiner notices any deficiencies in this regard, the Examiner is encouraged to contact the undersigned attorney.
A.
Response to the Section 102 Re
j
ection
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2017/0370091 to Dragan ("Dragan").
The Applicant respectfully disagrees with the Examiner's assertion that the claimed technology is anticipated by Dragan. For at least the following reasons, Dragan does not support a Section 102 rejection of claims 1 and 4.
Claim 1 has been amended to further clarify the relative positions of the two support columns along a single edge of the frame structure and that, unlike in Dragan, each of the two supporting columns can be folded independently of each other.
As a result, the Section 102 rejection of these claims should be withdrawn for at least the foregoing reasons and for the additional features of these claims. B.
Response to the Double-Patentin
g
Re
j
ection
Claims 7-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,802,402. Although the claims at issue are not identical, they are not patentably distinct from each other because each limitation in the pending claims are recited in and thus within the scope of the patented claims.
Applicant respectfully submits that pending claims 7-20 are not obvious in light of the claims of the foregoing patent application. Applicant accordingly does not concede to the merits of these rejections. Nonetheless, in the interest of expediting prosecution, Applicant hereby submits a terminal disclaimer regarding the 7-20 application. Consequently, Applicant respectfully requests that the double patenting rejection of claims 7-20 be withdrawn and hereby submits the requisite terminal disclaimer petition fee.
C.
Allowable Subject Matter
Claims 2,3,5, 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 7-20 are allowable.
Although Applicant's attorney agrees with the Examiner's conclusion that claims 7-20 are allowable, Applicant notes that the claims may be allowable for reasons other than those identified by the Examiner and does not concede that the Examiner's characterization of the terms of the claims and the prior art are correct.
Claims 2-3, 5-6, were objected to as being dependent upon a rejected base claim, but were indicated to be allowable if rewritten in independent form to include the features of the claim from which they depend.
Claim 1 has been amended with the intention of making it allowable by distinguishing it over the cited art. As such, Applicant requests the Office to withdraw objections to claims 2-3, and 5-6.
Dependent Claims
In view of the above remarks, a specific discussion of the dependent claims is unnecessary. Therefore, Applicant's silence regarding any dependent claim is not to be interpreted as agreement with, or acquiescence to, the rejection of such claim or as waiving any argument regarding that claim.
CONCLUSION


CITED REFERENCE SUMMARIES: Ref US11802402: Claims:
1. A prefabricated construction volumetric module comprising:
a frame structure divided into a truss zone and a habitation zone below the truss zone, the frame structure including a roof and support columns;
a structural ceiling truss;
a lateral joint on a first support column enabling the first support column to fold, the lateral joint defining a boundary between the truss zone and the habitation zone, wherein folding the first support column at the lateral joint causes a lower region of the first support column to align parallel with the roof and reduce a standing height of the prefabricated construction volumetric module for transport; and
an adjacent module receiver configured to receive a flange from an adjacent prefabricated module, the adjacent module receiver configured to structurally bolt the flange to the structural ceiling truss.
2. The prefabricated construction volumetric module of claim 1, wherein the first support column further comprises:
a telescoping length that bolts into place at a vertical support length and a truss length.
3. The prefabricated construction volumetric module of claim 1, wherein the structural ceiling truss that is either of:
a horizontal truss; or
a diagonal truss.
4. The prefabricated construction volumetric module of claim 1, wherein the prefabricated construction volumetric module is bolted to the adjacent prefabricated modules and wherein a corresponding structural ceiling truss from each of the prefabricated construction volumetric modules bolted together form a bowstring truss.
5. The prefabricated construction volumetric module of claim 1, wherein when in a building configuration, two support columns on a single edge of the prefabricated construction volumetric module are in a vertical configuration and an opposing edge is attached to an adjacent module without any supporting vertical columns.
6. A prefabricated construction volumetric module comprising:
a frame structure divided into a truss zone and a habitation zone below the truss zone, the frame structure including a roof and support columns;
a lateral joint on a first support column enabling the first support column to fold, the lateral joint defining a boundary between the truss zone and the habitation zone, wherein folding the first support column at the lateral joint modifies a lower region of the first support column from the habitation zone into a first horizontal ceiling truss positioned at the boundary of the truss zone;
a column receiver that affixes to the first horizontal ceiling truss, the column receiver associated with the first horizontal ceiling truss positioned on an adjacent support column and at the boundary of the truss zone, the column receiver configured to affix the first support column when folded as a horizontal structural ceiling truss; and
an attachment flange that is configured to structurally bolt to adjacent modules, the attachment flange extending outward to an exterior of the prefabricated construction volumetric module at the lateral joint and enabling a structural continuation of the horizontal structural ceiling truss to a neighboring ceiling truss of the adjacent module.
7. The prefabricated construction volumetric module of claim 6, wherein the prefabricated construction volumetric module further comprises:
a winch mount positioned on the frame structure that positions a winch that assists folding of the first support column.
8. The prefabricated construction volumetric module of claim 6, wherein the first support column further comprises:
an extension foot that bolts into an end of the first support column and adjusts a standing height of the prefabricated construction volumetric module while the first support column is in a vertical configuration.
9. The prefabricated construction volumetric module of claim 6, wherein the first horizontal ceiling truss is further configured to bolt to an adjacent horizontal ceiling truss of a second support column.
10. The prefabricated construction volumetric module of claim 6, wherein the prefabricated construction volumetric module further comprises:
a set of permanent diagonal trusses in the truss zone.
11. The prefabricated construction volumetric module of claim 6, wherein the prefabricated construction volumetric module is bolted to adjacent prefabricated construction volumetric modules and wherein a corresponding structural ceiling truss from each of the prefabricated construction volumetric modules bolted together form a bowstring truss.
12. The prefabricated construction volumetric module of claim 6, wherein when in a building configuration, all four support columns are positioned as the horizontal structural ceiling trusses and the roof is held aloft by bolts to adjacent prefabricated construction volumetric modules.
13. A system of prefabricated construction volumetric modules each including a frame structure divided into a truss zone and a habitation zone below the truss zone, the frame structure including a roof and support columns, the system comprising:
a first volumetric module including a first pair of support columns on a single side, a diagonal structural ceiling truss in the truss zone, and a set of receiving elements associated with structural bolts to adjacent modules on a side opposite the first pair of support columns; and
a second volumetric module including a folding support column that folds via a lateral joint at a corresponding boundary between the truss zone and the habitation zone, wherein folding the folding support column at the lateral joint causes a lower region of the folding support column convert into a horizontal structural ceiling truss;
wherein the first volumetric module and the second volumetric module are bolted together in a building configuration wherein the diagonal structural ceiling truss and the horizontal structural ceiling truss together form a portion of a bowstring truss.
14. The system of prefabricated construction volumetric modules of claim 13, wherein the prefabricated construction volumetric modules further comprise:
a winch mount positioned on the frame structure that positions a winch that assists folding of the support columns.
15. The system of prefabricated construction volumetric modules of claim 13, wherein the folding support column further comprise:
an extension foot that removably affixes to the folding support column of the second volumetric module and adjusts a standing height of the second volumetric module while the support column is in a vertical configuration.
16. The system of prefabricated construction volumetric modules of claim 13, wherein when in the building configuration a floorspace in the habitation zone between the first volumetric module and the second volumetric module does not include any vertical columns.
17. The system of prefabricated construction volumetric modules of claim 13, further comprising:
a third volumetric module including a second pair of support columns on a same side, a second diagonal structural ceiling truss in the truss zone, and an additional set of receiving elements associated with structural bolts to adjacent modules on a side opposite the second pair of support columns;
wherein the third volumetric module is further bolted together with the first and second volumetric modules in the building configuration wherein the second diagonal structural ceiling truss completes the bowstring truss.
18. The system of prefabricated construction volumetric module of claim 13, wherein the second volumetric module further comprises:
a set of permanent diagonal trusses in the truss zone.