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 .
Election/Restrictions
Applicant’s election without traverse of Species A (Figs. 1, 2; claims 1-7, 10) in the reply filed on 11/19/2025 is acknowledged.
Claims 8-9, 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/19/2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: at least references 2.1, 7, 7’ etc. 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. 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 1-7, 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.
Regarding claim 1,
Claim 1 recites “Ceiling-mounted radiating elements” (line 1), “the ceiling-mounted radiating elements” (line 2), and “two ceiling-mounted radiating elements” (lines 5, 11-12). Accordingly, claim 1 is indefinite as to the exact number of ceiling-mounted radiating elements. Claim 1 is interpreted to refer to specifically two ceiling-mounted radiating elements.
Claim 1 recites “when a connection is produced” but it is unclear as to what elements are connected and who, if anyone specifically, produces said connection. Claim 1 is interpreted such that a connecting part and a mounting rail lock and secure two ceiling-mounted radiating elements to each other.
Claims 2-7, 10 are rejected in view of their dependence from claim 1.
Regarding claim 2,
Claim 2 recites that the core piece has a ring etc. “arranged in the middle” but it is unclear as to what element is being referenced as to having said middle. Claim 2 is interpreted such that the ring etc. are is arranged in the middle of a first and a second seal of said at least one seals.
Regarding claims 3, 5, 10,
The term “guarantee (security, adequate tightness)” in claims 3, 5, 10 is a relative term which renders the claim indefinite. The term “guarantee” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. for example, it is unclear as to the limit of slippage and twisting which would negate said "guarantee". The recitation "guarantee" in all claims are similarly rejected and given no patentable weight.
Regarding claim 4,
The phrase "for example" (or “e.g.”, line 4) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6,
Claim 6 recites “in all conceivable variants” but it is unclear as to who conceives of said variants, and how said conceivable variants could be defined or classified. Said recitation is given no patentable weight.
Allowable Subject Matter
Claims 1-7, 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Guckert, Parikh, Klix, Osojnak teach ceiling-mounted radiating elements for heating and cooling rooms, but said references do not teach means for connecting the elements together, wherein said means comprises a provided core piece and connecting part with at least one mounted rail.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE S TANENBAUM whose telephone number is (313)446-6522. The examiner can normally be reached M-F 11 AM - 7 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at (571) 272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Steve S TANENBAUM/Examiner, Art Unit 3763