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 .
Response to Arguments
Claims 1-22 pending, claims 15, 17 cancelled. Applicant’s arguments, see Remarks, filed August 21st, 2025, with respect to the rejection(s) of claim(s) 1 and 21 under 35 U.S.C. 103 as being unpatentable over Schnurrer (AT 516088) in view of Konno et al. (US 11,361,748) and under 35 U.S.C. 102 as being anticipated by Schnurrer (AT 516088), respectively, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schnurrer (AT 516088), Konno et al. (US 11,361,748), and Capaul (US 5,782,551 A). Capaul teaches placing a loudspeaker between a structural ceiling and ceiling drop panel comprising a light source and acoustic blanket with a plate comprising openings.
Remarks (Pg. 9-10) state the following with respect to claims 2 and 22: “by adjusting the surface color of the structure to approximate the surface color of the housing on the first-space side, it becomes possible to visually conceal the presence of the loudspeaker without making it conspicuous. In contrast, materials that are generally placed in front of a loudspeaker tend to interfere with sound transmission. Accordingly, even if such materials are color-matched to achieve visual harmony, they are not suitable to conceal loudspeakers due to the risk of degrading sound quality.”
In response to the above, it is known in the art to conceal loudspeakers as in cited prior arts Schnurrer, Capaul, and Konno et al. Visual harmony relates to ornamentation, which having no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Due to amendment, the rejections of all claims have been updated.
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) 1-11, 13-14, 16, 18-20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schnurrer (AT 516088) in view of Capaul (US 5,782,551 A) Konno et al. (US 11,361,748).
Regarding Claim 1, Schnurrer discloses a building material for facing a first space, the building material (Lighting device 100 mounted to ceiling facing first space downward in Fig. 1,3; Pg. 4, Para. 4 from bottom) comprising:
a housing which includes a structure which is a plate (Housing 1, 3, 6 with plate 3; Pg. 5, Para. 2; Fig. 4); and
encompasses a second space which is configured to be across the structure from the first space (Second space B in Examiner Annotated Schnurrer Fig. 3);
a loudspeaker disposed in the second space, in a position opposite of the structure (Loudspeakers 11 of Fig 1 in second space B in Examiner Annotated Schnurrer Fig. 3); and
a three-dimensional net structure disposed between the structure and the loudspeaker, and configured with a fibrous member which is three-dimensionally intertwined (Diffusing layer/net 2 comprising fiberglass/synthetic webbing and speaker 11; Pg. 4; Para. 1-2 from top; Fig. 1. Webbing being intertwined),
wherein:
the three-dimensional net structure has light transparency (Fibers of 2 described as light diffusing with translucency; Pg. 4; Para. 1-2 from top).
Schnurrer fails to explicitly disclose the plate (3; Fig. 4) and includes an opening, the loudspeaker (11; Fig. 1) in a position opposite to the opening of the structure, the opening of the structure is configured to be open to the first space (First space as downward of 3; Fig. 4), and a volume of air contained in the three-dimensional net structure (2; Fig. 3) is 90% or more of a volume of a third space occupied by the three-dimensional net structure.
However, Capaul teaches the plate and includes an opening, the loudspeaker in a position opposite to the opening of the structure, the opening of the structure is configured to be open to the first space (Capaul: Plate 62 with openings 64 faces similar downward first space with loudspeakers placed between 14 and 12; Col. 5, Lines 25-35; Col. 6, Lines 60-67; Col. 7, Lines 1-5; Fig. 1,4). Capaul and Schnurrer are in similar fields comprising acoustic lighting fixtures. Modifying Schnurrer with teachings of Capaul would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the plate and includes an opening, the loudspeaker in a position opposite to the opening of the structure, the opening of the structure is configured to be open to the first space for the purpose of allowing sound generated between the first and second spaces to be absorbed by the three-dimensional net structure (Capaul: Col. 6, Lines 60-67; Col. 7, Lines 1-5).
Further, Konno et al. teaches and a volume of air contained in the three-dimensional net structure is 90% or more of a volume of a third space occupied by the three-dimensional net structure (Konno: Net 111; Col. 7, Lines 35-55; Fig. 3). Konno et al., Capaul, and Schnurrer are in similar fields comprising concealed speakers. Modifying Schnurrer as modified by Capaul with teachings of Konno et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein a volume of air contained in the three-dimensional net structure is 90% or more of a volume of a third space occupied by the three-dimensional net structure for the purpose of transmitting sound from the speaker (Konno: Col. 3, Lines 30-40), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
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Examiner Annotated Schnurrer Fig. 3
Regarding Claim 2, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 1. Schnurrer as modified by Capaul and Konno et al. fails to explicitly disclose wherein the three-dimensional net structure (2 described as having colors; Pg. 4, Para. 1 from top; Fig. 3) has a surface of a second color having a color difference smaller than a threshold, the color difference being calculated with reference to a first color of a surface of the structure configured to be adjacent to the first space (First space downward; Fig. 3). However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of better disguising the three-dimensional net, since the courts have stated that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Regarding Claim 3, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 1, wherein the three-dimensional netlike structure comprises a material selected from the group consisting of a resin, a metal, and glass (Synthetic resin, glass resin; Pg. 4, Para. 1).
Regarding Claim 4 and similarly 18, Schnurrer as modified by Capaul and Konno et al. disclose the building material and building according to Claim 1 and 13, respectively wherein the three-dimensional net structure comprises a material which is configured to transmit light (Fibers described as light diffusing with translucency; Pg. 4; Para. 1-2).
Regarding Claim 5 and similarly Claim 19, Schnurrer as modified by Capaul and Konno et al. disclose the building material and building according to Claim 1 and 18, respectively further comprise:
a light source disposed across the three-dimensional net structure from the structure, in a position opposite the opening of the structure, wherein the opening of the structure is configured to emit light from the light source which has passed through the three-dimensional net structure (Light 10 across net 2 from structure 3 (Abstract; Fig. 1) modified by Capaul’s having openings 64 in Fig. 4).
Regarding Claim 6, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 1, wherein a volume of the three-dimensional net structure is 10% or less of the volume of the third space occupied by the three-dimensional net structure (Konno: Col. 7, Lines 45-50).
Regarding Claim 7, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 1, further comprising:
the loudspeaker is a first loudspeaker (Plurality of speakers 11 between arrangements of bulbs/tubes/led 10; Pg. 3, Para. 1 from bottom; Fig. 1),
the opening of the structure is a first opening of the structure (Capaul’s having openings 64 in Fig. 4);
the structure includes a second opening (Capaul’s having openings 64 in Fig. 4);
the building material further comprises a second loudspeaker disposed in the second space, in a position opposite the second opening of the structure (Plurality of speakers between arrangements of bulbs/tubes/led 10; Pg. 3, Para. 1 from bottom; Fig. 1); and
the three-dimensional net structure is disposed between (i) the structure and (ii) the first loudspeaker and the second loudspeaker (Net 2 between structure 40 and all speakers 11; Fig. 1,3).
Regarding Claim 8, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 7. Schnurrer as modified by Capaul and Konno et al. fail to explicitly disclose wherein the first loudspeaker and the second loudspeaker (11; Fig. 1) have a same reproduction bandwidth. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of increasing overall sound output while reducing power individually to each speaker.
Regarding Claim 9, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 7. Schnurrer as modified by Capaul and Konno et al. fail to explicitly disclose wherein the first loudspeaker and the second loudspeaker (11; Fig. 1) have different reproduction bandwidths. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of creating a broad sound range of frequencies within an enclosure.
Regarding Claim 10 and similarly Claim 20, Schnurrer as modified by Capaul and Konno et al. disclose the building material and building according to Claim 1 and 13, respectively wherein:
the three-dimensional net structure covers at least the opening of the structure (Net 2 covers structure 3 (Fig. 1) modified by Capaul’s having openings 64 in Fig. 4); and
the opening of the structure is configured to emit sound from the loudspeaker which has passed through the three-dimensional net structure (Follows from: Fibers of net 2 described as sound radiating; Pg. 4; Para. 1. And Level 3 described as sound emitting surface; Pg. 2. Capaul: Openings allow sound to travel; Col. 6, Lines 60-67; Col. 7, Lines 1-5).
Regarding Claim 11 Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 1. Schnurrer as modified by Capaul and Konno et al. fails to explicitly disclose wherein the three-dimensional net structure (2; Fig. 3) has a looped shape of a wound, continuous linear body.
However, Konno et al. further teaches three-dimensional net structure has a looped shape of a wound, continuous linear body (Konno: Col. 7, Lines 35-40). Modifying Schnurrer as modified by Capaul and Konno et al. with the additional teachings of Konno et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein three-dimensional net structure has a looped shape of a wound, continuous linear body for the purpose of increasing space between the net structure to increase sound conductivity, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding Claim 13, Schnurrer as modified by Capaul and Konno et al. disclose a building comprising the building material according to Claim 1, wherein:
the building material faces the first space (Device faces first space downward);
the second space is across the structure from the first space (Second space B opposite of space downward in Examiner Annotated Schnurrer Fig. 3); and
the opening of the structure is open to the first space (Follows as structure 3 (Fig. 1 and first space facing downward) modified by Capaul’s having openings 64 in Fig. 4).
Regarding Claim 14, Schnurrer as modified by Capaul and Konno et al. disclose the building according to Claim 13, wherein the building material defines a part of a ceiling (Mounted on wall, ceiling; Abstract), and the building material and the ceiling define a planar surface (Follows from device as flat and mounted on ceiling; Fig. 3).
Regarding Claim 16, Schnurrer as modified by Capaul and Konno et al. disclose the building according Claim 13, wherein the building material defines a part of a wall (Mounted on wall, ceiling; Abstract), and wherein the building material and the wall define a planar surface (Follows from device as flat and mounted on walls; Fig. 3).
Regarding Claim 22, Schnurrer as modified by Capaul and Konno et al. disclose the building material according to Claim 1. Schnurrer as modified by Capaul and Konno et al. fails to explicitly disclose wherein the three-dimensional net structure (2 described as having colors; Pg. 4, Para. 1 from top; Fig. 3) has a surface of a second color having a color difference smaller than a threshold, the color difference being calculated with reference to a first color of a surface of the housing closer to the first space (First space downward; Fig. 3). However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of better disguising the three-dimensional net, since the courts have stated that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schnurrer (AT 516088) in view of Capaul (US 5,782,551 A).
Regarding Claim 21, Schnurrer discloses a building material for facing a first space, the building material (Lighting device 100 mounted to ceiling facing first space downward in Fig. 1,3; Pg. 4, Para. 4 from bottom) comprising:
a housing which includes a structure which is a plate (Housing 1, 3, 6 with plate 3; Pg. 5, Para. 2; Fig. 4); and
encompasses a second space which is configured to be across the structure from the first space (Second space B in Examiner Annotated Schnurrer Fig. 3);
a loudspeaker disposed in the second space, in a position opposite of the structure (Loudspeakers 11 of Fig 1 in second space B in Examiner Annotated Schnurrer Fig. 3); and
a three-dimensional net structure disposed between the opening of the structure and the loudspeaker, and configured with a fibrous member which is three-dimensionally intertwined (Diffusing layer/net 2 comprising fiberglass/synthetic webbing and speaker 11; Pg. 4; Para. 1-2; Fig. 1. Webbing being intertwined),
wherein:
the three-dimensional net structure comprising a material which is configured to transmit light (Fibers described as light diffusing with translucency; Pg. 4; Para. 1-2).
Schnurrer fails to explicitly disclose the plate (3; Fig. 4) and includes an opening, the loudspeaker (11; Fig. 1) in a position opposite to the opening of the structure, the opening of the structure is configured to be open to the first space (First space as downward of 3; Fig. 4).
However, Capaul teaches the plate and includes an opening, the loudspeaker in a position opposite to the opening of the structure, the opening of the structure is configured to be open to the first space (Capaul: Plate 62 with openings 64 faces similar downward first space with loudspeakers placed between 14 and 12; Col. 5, Lines 25-35; Col. 6, Lines 60-67; Col. 7, Lines 1-5; Fig. 1,4). Capaul and Schnurrer are in similar fields comprising acoustic lighting fixtures. Modifying Schnurrer with teachings of Capaul would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein the plate and includes an opening, the loudspeaker in a position opposite to the opening of the structure, the opening of the structure is configured to be open to the first space for the purpose of allowing sound generated between the first and second spaces to be absorbed by the three-dimensional net structure (Capaul: Col. 6, Lines 60-67; Col. 7, Lines 1-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-12073749-B2 teaches placing a loudspeaker behind a light source and acoustically transparent display.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER B OLSON whose telephone number is (571)272-3041. The examiner can normally be reached Monday - Friday, 8:00am -4:00pm.
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/JENNIFER B OLSON/Examiner, Art Unit 2837
/FORREST M PHILLIPS/Primary Examiner, Art Unit 2837
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