DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-18 as originally filed are pending and have been considered below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 11-13, and 15-18, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moreno (U.S. Pub. No. 2011/0047914).
Regarding claim 1, Moreno teaches a foldable wall panel (flexible brick plate; abstract) capable for use as a ceiling or wall covering, comprising: a carrier layer (mesh 1-3) with a front side (top side of carrier; figure 7) comprising at least a first lamellae section (see annotated figure 6 below), a second lamellae section (annotated figure 6) and at least a first folding line (arbitrary line between first and second sections; annotated figure 6); a first plurality of strip-shaped lamellae (4 in first section), wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae are arranged spaced apart and parallel to each other in the first lamellae section of the front side of the carrier layer (annotated figure 6), wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae each comprise a longitudinal axis of extension (annotated figure 6) and a wood-based material (wood; paragraph 9); a second plurality of strip-shaped lamellae (4 in second section), wherein the strip-shaped lamellae of the second plurality of strip-shaped lamellae are arranged spaced apart and parallel to each other (annotated figure 6) in the second lamellae section of the front side of the carrier layer (annotated figure 6), wherein the strip-shaped lamellae of the second plurality of strip-shaped lamellae each comprise a longitudinal axis of extension (annotated figure 6) and a wood-based material (wood; paragraph 9); wherein the first folding line separates the first lamellae section from the second lamellae section (annotated figure 6), such that the wall panel is foldable along the first folding line (since the carrier is flexible; paragraph 29; it is understood that the wall panel is foldable along the first folding line), wherein the first folding line is transverse to the longitudinal axes of the strip-shaped lamellae of the first plurality of strip-shaped lamellae and the longitudinal axes of the strip-shaped lamellae of the second plurality of strip-shaped lamellae (annotated figure 6).
Regarding claim 2, Moreno teaches the first folding line is orthogonal to the longitudinal axes of the strip-shaped lamellae of the first plurality of strip-shaped lamellae (annotated figure 6) and the longitudinal axes of the strip-shaped lamellae of the second plurality of strip-shaped lamellae (annotated figure 6).
Regarding claim 3, Moreno teaches the front side of the carrier layer is unobstructed in the first folding line (annotated figure 6).
Regarding claim 11, Moreno teaches at least one strip-shaped lamella of the first plurality of strip-shaped lamellae and at least one strip shaped lamella of the second plurality of strip-shaped lamellae are longitudinally aligned (annotated figure 6), such that their respective longitudinal axes coincide (annotated figure 6).
Regarding claim 12, Moreno teaches the front side of the carrier layer comprises a third lamellae section (annotated figure 6) and a second folding line (arbitrary line between second and second third; annotated figure 6), wherein the wall panel comprises a third plurality of strip-shaped lamellae (4 in third section), wherein the strip-shaped lamellae of the third plurality of strip-shaped lamellae are arranged spaced apart and parallel to each other (annotated figure 6) in the third lamellae section of the front side of the carrier layer (annotated figure 6), wherein the strip-shaped lamellae of the third plurality of strip-shaped lamellae each comprise a longitudinal axis of extension (annotated figure 6) and a wood-based material (wood; paragraph 9), wherein the second folding line separates the second lamellae section from the third lamellae section (annotated figure 6), such that the wall panel is foldable along the second folding line (since the carrier is flexible; paragraph 29; it is understood that the wall panel is foldable along the second folding line), wherein the second folding line is transverse to the longitudinal axes of the strip-shaped lamellae of the second plurality of strip-shaped lamellae (annotated figure 6) and the longitudinal axes of the strip-shaped lamellae of the third plurality of strip-shaped lamellae (annotated figure 6), wherein the first folding line and the second folding line are parallel to each other (annotated figure 6).
Regarding claim 13, Moreno teaches the second folding line is orthogonal to the longitudinal axes of the strip-shaped lamellae of the second plurality of strip-shaped lamellae (annotated figure 6) and the longitudinal axes of the strip-shaped lamellae of the third plurality of strip-shaped lamellae (annotated figure 6).
Regarding claim 15, Moreno teaches a folded wall panel (flexible brick plate; abstract) capable for use as a ceiling or wall covering, comprising: a carrier layer (mesh 1-3) with a front side (top side of carrier; figure 7) comprising at least a first lamellae section (see annotated figure 6 below), a second lamellae section (annotated figure 6) and at least a first folding line (arbitrary line between first and second sections; annotated figure 6); a first plurality of strip-shaped lamellae (4 in first section), wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae are arranged spaced apart and parallel to each other in the first lamellae section of the front side of the carrier layer (annotated figure 6), wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae each comprise a longitudinal axis of extension (annotated figure 6) and a wood-based material (wood; paragraph 9); a second plurality of strip-shaped lamellae (4 in second section), wherein the strip-shaped lamellae of the second plurality of strip-shaped lamellae are arranged spaced apart and parallel to each other (annotated figure 6) in the second lamellae section of the front side of the carrier layer (annotated figure 6), wherein the strip-shaped lamellae of the second plurality of strip-shaped lamellae each comprise a longitudinal axis of extension (annotated figure 6) and a wood-based material (wood; paragraph 9); wherein the first folding line separates the first lamellae section from the second lamellae section (annotated figure 6), wherein the first folding line is transverse to the longitudinal axes of the strip-shaped lamellae of the first plurality of strip-shaped lamellae (annotated figure 6) and the longitudinal axes of the strip-shaped lamellae of the second plurality of strip-shaped lamellae (annotated figure 6), wherein the wall panel is folded along the first folding line (since the carrier is flexible; paragraph 29; it is understood that the wall panel is capable of being folded along the first folding line).
Regarding claim 16, Moreno teaches the first lamellae section lies within a first plane and the second lamellae section lies within a second plane (annotated figure 6).
Regarding claim 17, Moreno teaches the first plane and the second plane are parallel and spaced apart (annotated figure 6).
Regarding claim 18, Moreno teaches method for attaching a foldable wall panel according to claim 1 on a wall or a ceiling as a wall covering (figure 6) with the steps: attaching a first application section of the foldable wall panel to the wall (figure 6), wherein the first application section is on the back side of the carrier layer opposite of the first lamellae section (figure 1); attaching a second application section of the foldable wall panel to the wall (figure 6), wherein the second application section is on the back side of the foldable wall panel opposite of the second lamellae section (figure 1).
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 of this title, 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) 6-10, is/are rejected under 35 U.S.C. 103 as being unpatentable over Moreno (U.S. Pub. No. 2011/0047914).
Regarding claim 6, Moreno does not specifically disclose the carrier layer comprises a thickness in a range of 1 mm to 10 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 contrive any number of desirable ranges wherein the carrier layer comprises a thickness in a range of 1 mm to 10 mm, 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. Further, it has been held that by discovering an optimum value of a result, the effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to contrive any number of desirable ranges wherein the carrier layer comprises a thickness in a range of 1 mm to 10 mm, in order to provide a more lightweight backing material in order to reduce costs of shipping and to facilitate assembly.
Regarding claim 7, Moreno does not specifically disclose the carrier layer comprises a thickness in a range of 2 mm and 6 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 contrive any number of desirable ranges wherein the carrier layer comprises a thickness in a range of 2 mm and 6 mm, 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. Further, it has been held that by discovering an optimum value of a result, the effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to contrive any number of desirable ranges wherein the carrier layer comprises a thickness in a range of 2 mm and 6 mm, in order to provide a more lightweight backing material in order to reduce costs of shipping and to facilitate assembly.
Regarding claim 8, Moreno does not specifically disclose the strip-shaped lamellae of the first plurality of strip-shaped lamellae and/or of the second plurality of strip-shaped lamellae comprise a thickness in between 1 mm and 10 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 contrive any number of desirable ranges wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae and/or of the second plurality of strip-shaped lamellae comprise a thickness in between 1 mm and 10 mm, 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. Further, it has been held that by discovering an optimum value of a result, the effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to contrive any number of desirable ranges wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae and/or of the second plurality of strip-shaped lamellae comprise a thickness in between 1 mm and 10 mm, in order to provide a desired aesthetic for a more pleasing façade based on the architectural design and environment of the structure.
Regarding claim 9, Moreno does not specifically disclose the strip-shaped lamellae of the first plurality of strip-shaped lamellae and/or the second plurality of strip-shaped lamellae comprise a thickness in between 2 mm and 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 contrive any number of desirable ranges wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae and/or of the second plurality of strip-shaped lamellae comprise a thickness in between 2 mm and 5 mm, 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. Further, it has been held that by discovering an optimum value of a result, the effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to contrive any number of desirable ranges wherein the strip-shaped lamellae of the first plurality of strip-shaped lamellae and/or of the second plurality of strip-shaped lamellae comprise a thickness in between 2 mm and 5 mm, in order to provide a desired aesthetic for a more pleasing façade based on the architectural design and environment of the structure.
Regarding claim 10, Moreno teaches a length in longitudinal direction of the strip shaped lamellae of the first plurality and/or of the second plurality of strip shaped lamellae (length of the first plurality and/or of the second plurality of strip shaped lamellae; annotated figure 6) and a width orthogonal to the length (width of the first plurality and/or of the second plurality of strip shaped lamellae; annotated figure 6), but does not specifically disclose wherein the length of the foldable wall panel is greater than the width.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the length of the foldable wall panel greater than the width, since it has been held that rearranging parts of an invention in a manner which does not alter its operation involves only routine skill in the art. In re Japikse, 86 USPQ 70. Therefore, modifying the direction of the lamellae to run orthogonal to what is illustrated in annotated figure 6, would result in an appearance whereby the length of the foldable wall panel is greater than the width, which would have been an obvious matter of design choice in order to provide a desired aesthetic for a more pleasing façade based on the architectural design and environment of the structure
Claim(s) 4 and 5, is/are rejected under 35 U.S.C. 103 as being unpatentable over Moreno (U.S. Pub. No. 2011/0047914) in view of Dittmar (U.S. Patent No. 3,279,138).
Regarding claim 4, Moreno does not specifically disclose the carrier layer comprises an insulation material.
Dittmar discloses a surface finishing panel (title) wherein the carrier layer comprises an insulation material (felt; col. 2, lines 40-45; it is understood that felt is capable of insulating).
Therefore, from the teaching of Dittmar, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the flexible architectural assembly of Moreno such that the carrier layer comprises an insulation material, as taught by Dittmar, in order to provide a more lightweight backing material in order to reduce costs of shipping and to facilitate assembly.
Regarding claim 5, Moreno does not specifically disclose the carrier layer comprises a felt material.
Dittmar discloses a surface finishing panel (title) wherein the carrier layer comprises a felt material (felt; col. 2, lines 40-45).
Therefore, from the teaching of Dittmar, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the flexible architectural assembly of Moreno such that the carrier layer comprises a felt material, as taught by Dittmar, in order to provide a more lightweight backing material in order to reduce costs of shipping and to facilitate assembly.
Claim(s) 14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Moreno (U.S. Pub. No. 2011/0047914) in view of Hunsaker et al. (U.S. Pub. No. 2013/0097950).
Regarding claim 14, Moreno teaches the carrier layer comprises a back side (bottom side of carrier) opposite of the front side (figure 7), wherein the foldable wall panel comprises an adhesive layer arranged on the back side of the carrier layer for attaching the foldable wall panel to a surface of a wall or a ceiling, wherein a releasable protective film is arranged on the adhesive layer.
Hunsaker et al. discloses a brick wall or floor covering (abstract) wherein the foldable wall panel comprises an adhesive layer (6) arranged on the back side of the carrier layer for attaching the foldable wall panel to a surface of a wall or a ceiling (abstract), wherein a releasable protective film (8) is arranged on the adhesive layer (paragraph 22).
Therefore, from the teaching of Hunsaker et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the flexible architectural assembly of Moreno such that the foldable wall panel comprises an adhesive layer arranged on the back side of the carrier layer for attaching the foldable wall panel to a surface of a wall or a ceiling, wherein a releasable protective film is arranged on the adhesive layer, as taught by Hunsaker et al., in order to provide a more lightweight backing material in order to reduce costs of shipping and to facilitate assembly.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to foldable panels in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633