Response to Amendment
The indicated allowability of claims 53 is withdrawn in view of the newly discovered reference(s) to McClure US1540788. Rejections based on the newly cited reference(s) follow.
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 53 and 58-62 are rejected under 35 U.S.C. 103 as being unpatentable over Ortiz US20070193131 in view of McClure US1540788.
Claim 53. Ortiz discloses a ceiling suspension grid (Abstract); a building panel
comprising: a mesh member (40) comprising a first major surface opposite a second
major surface, and four side surfaces extending there-between (rectangular panel as
shown in Figures); a frame member (20) comprising a vertical side wall having an inner
surface opposite an outer surface and an upper surface opposite a lower surface;
wherein the first major surface and the second major surface are defined by a
perimeter, the perimeter comprising a proximal end and a distal end (Fig.3); wherein the
perimeter of the second major surface is in contact with the lower surface of the frame
member (Fig.3); and wherein the frame member further comprises a securing member
(18) at the upper surface at the proximal end and at the distal end (Fig.3), and
a back panel (41) positioned between the building panel and the suspension grid
(Fig.3) but is silent on the mesh is a metal mesh such that the wires are perpendicular to each other.
McClure before the filing date of the instant invention discloses a metal mesh with wires 11 perpendicular to each other. Both Ortiz and McClure disclose mesh panels, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to substitute one for the other with the intention of providing a ceiling panel with a longer service life.
Claim 56. Ortiz as modified by McClure discloses the building panel has a parallelogram shape having perpendicular angles, the mesh is made of a first and second set of parallel wires (Fig.1 of McClure), wherein each set is perpendicular to the other, wherein the first set is atop and abuts the second set, wherein the perimeter further comprises side ends (Fig.2); wherein the proximal perimeter end and the distal perimeter end comprise a continuous wire body as the perimeter; and wherein the side ends comprise a continuous wire body and having discrete wire side end atop and abutting the continuous wire body as the perimeter (as illustrated in Fig.5 of McClure).
Claim 58. Ortiz discloses the frame member comprises a wall cutout region (shown as
22) contacting the securing member (shown in Fig.3).
Claim 59. Ortiz discloses the wall cutout region extends downward from the upper
surface toward the lower surface (shown in Fig.3).
Claim 60. Ortiz discloses a torsion spring bracket (element attached to spring 18 in
Fig.7) is mounted on the cutout region (shown as 22, Fig.3).
Claim 61. Ortiz discloses the back panel (41) is comprised of an acoustic material
(P.0025 - acoustic insulating material 41 such as Soundtex).
Claim 62. Ortiz discloses wherein the frame comprises two apertures (shown in Fig.3)
from the inner surface to the outer surface, wherein each aperture flanks the cutout
region (shown as 22) and abuts the torsion spring bracket (the aperture on the bracket
in Fig.7 aligns with that of the frame in Fig.3).
Allowable Subject Matter
Claims 1, 7-8, 10, 14, 29, and 31-32 are allowed.
Conclusion
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633