DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/24/2025 has been entered. Claims 14-15 were previously withdrawn. Claims 1, 4 and 12 have been amended. Claims 16-18 have been added. Currently, claims 1-13 and 16-18 are pending and examined below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-11, 13 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alderman (U.S. Patent No. 6,857,238).
Regarding claims 1 and 13, Alderman discloses an insulated ceiling system (10, Fig. 6), the system comprising a first profile (66, Fig. 6) and a second profile (66); a carrier layer (14) connected to the first profile (66) and the second profile (66), and as such suspended with a curvature between the first profile (66) and the second profile (66); a bottom layer (12) in a high density material supporting on the carrier layer (14) and extending from the first profile (60) to the second profile (60), wherein the bottom layer has sufficient flexibility to follow the curvature of the carrier layer suspended between the first profile and the second profile; an intermediate layer (22) in a low density insulation material supporting on the bottom layer (12); and a top layer (68) in a high density material supporting on the intermediate layer and extending from the first profile to the second profile. Alderman discloses the insulated ceiling system (10) and the top layer (68) as set forth above, but does not disclose the insulated ceiling being acoustic or wherein the top layer has sufficient flexibility to follow the curvature of the carrier layer suspended between the first profile and the second profile.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an insulated ceiling system that comprised of materials that had acoustic properties and to have a top layer that comprised of a material that was sufficiently flexible to a degree to follow the counter of the roof and capable of following the curvature of the carrier layer if necessary, 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. There would be no new or unpredictable results achieved from selecting materials that comprised of properties that were capable of achieving similar results.
Regarding claim 2, Alderman discloses the bottom layer (12) is configured for pressing against the first profile (66) and the second profile (66).
Regarding claim 3, Alderman discloses wherein the edges of the at least one layer (12, Fig. 6) is bended upwards and slightly outwards for pressing against the first profile (60) and the second profile (60).
Regarding claim 4, Alderman discloses the edges of the top layer (68) are bended outwards (Fig. 12), but does not disclose the edges being bent for at least 0.5 degrees. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an edge of a layer to have a slight bend of at least 0.5 degrees to help facilitate the attachment to an adjacent member, 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. There would be no new or unpredictable results achieved from having a slight bend in a flexible layer.
Regarding claim 5, Alderman discloses the top layer (68) having bended edges having a length, but does not disclose the length of the edges being at least 2cm or at most 8 cm. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the length of the edges to be at least 2cm and at most 8cm to help facilitate the attachment to an adjacent member, 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. There would be no new or unpredictable results achieved from having a edges of a layer having a sufficient length to help facilitate attachment.
Regarding claim 6, Alderman discloses the intermediate layer (22) is substantially thicker than the bottom layer (12) and the top layer (68).
Regarding claim 7, Alderman discloses at least the top layer (68) of the bottom has a thickness, but does not disclose the thickness as being at least 0.5 mm and at most 1.5 mm. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a thickness to be at least 0.5mm and at most 1.5mm to provide the minimum sufficient material strength needed while producing a light weight system, 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. There would be no new or unpredictable results achieved from having layers with minimum and maximum thicknesses.
Regarding claim 8, Alderman discloses the intermediate layer has a thickness, but does not disclose the thickness of the intermediate layer as being at least 15 cm and at most 35 cm. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a thickness to be at least 15cm and at most 35cm to provide the minimum sufficient material strength needed while producing a light weight system, 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. There would be no new or unpredictable results achieved from having layers with minimum and maximum thicknesses.
Regarding claim 9, Alderman discloses at least the bottom layer (12) comprises a metallic material (Col. 5, lines 51-55), but does not disclose a steel plate.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to have a metallic bottom later that comprised of a steel plate, 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. There would be no new or unpredictable results from having a metallic material that comprised of steel.
Regarding claim 10, Alderman discloses the intermediate layer (22) being composed of an insulation material (Col. 5, lines 18-22), but does not disclose the material as being particles of foam. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to comprise of a well-known insulating material such as foam, 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. There would be no new or unpredictable results achieved from having an insulation comprised of a foam.
Regarding claim 11, Alderman discloses at least one profile (40, Fig. 12) is provided with connection means (approximate 48) for connecting to the carrier layer (24), and wherein the at least one profile (40) extends upwards from the connection means (48) for contacting the bottom layer (226) and the top layer (24).
Regarding claim 16, Alderman discloses the carrier layer (14), but does not disclose the carrier layer as being a fabric liner. However, it would have been obvious to one having ordinary skill in the art before the effective filing date before the claimed invention to have a carrier layer that comprised of a fabric liner, 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. There would be no new or unpredictable results achieved from having a carrier layer comprised of a suitable material.
Regarding claims 17 and 18, Alderman discloses the top and bottom layers, but does not disclose either of them as being plate shaped structures. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the top and bottom layers being comprised of plate shaped structures, 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. There would be no new or unpredictable results achieved from having the top and bottom layers comprised of a suitable material.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alderman (U.S. Patent No. 6,857,238) in view of Sprung (U.S. Patent No. 7,849,639).
Regarding claim 12, Alderman discloses at least one profile (66) and carrier layer (14), but does not disclose the at least one profile is a kedar profile or the carrier layer being provided with a kedar bead and arranged in a kedar guild track of the at least one profile. However, Sprung teaches it is known to have a roof or ceiling system that comprised of kedar profiles (Fig. 12), and wherein the carrier layer (24) is provided with a keder (ends of 24) of which a keder bead is arranged in a keder guide track (48) of the at least one profile (40) for connecting the carrier layer (24) to the at least one profile (40) for a more secure connection. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided a kedar profile and carrier layer with a kedar bead that provided a system with an easier and more secure connection alternative.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633