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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/29/26 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 3-17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Trox (DE 20011965 U1 – see translation provided by Examiner) in view of Ewank (5,332,872).
With respect to claim 1, Trox teaches an acoustically absorptive system (Figures 1-2, #1) for a heating, ventilation, and/or air conditioning (HVAC) system ([0007]), the acoustically absorptive system comprising: a first panel assembly (6) and a second panel assembly (7) each including at least one acoustic absorptive member and unspecified frame member enclosing the acoustic absorptive member ([0029]), wherein the first and second panel assemblies (6/7) are configured to abut each other and extend in substantially perpendicular directions from each other (seen in the Figures, [0030]); and a mounting assembly ([0030]-[0031]) configured to position the first and second panel assemblies (6/7) in a chamber (2/3) of the HVAC system such that a gap is defined between rear surfaces of the first and second panel assemblies (6/7) and interior walls of the chamber (2/3) and the first and second panel assemblies (6/7) extend substantially parallel to the interior walls of the chamber (2/3).
Trox fails to explicitly teach wherein a porous housing disposed about the at least one acoustic absorptive member such that a porous layer of the housing covers the at least one acoustic absorptive member at opposing faces of the respective panel assembly, the mounting assembly including one or more channels attached to the chamber.
Ewank teaches a similar acoustically absorptive system (Figure 3, defined by baffle structure including baffles #50) for a ventilation/cooling system (broadly defined by structure of Figure 3 – Col. 2, Lines 24-26) having a similar a first panel assembly (see annotated view of Figure 3, provided below, #1) and a second panel assembly (2) each including at least one acoustic absorptive member (See Figure 7; Col. 3, Lines 22-27) and a porous housing (i.e., expanded metal mesh) disposed about the at least one acoustic absorptive member (i.e. sound absorbing material #44) such that a porous layer of the housing covers the at least one acoustic absorptive member at opposing faces of the respective panel assembly (50/1/2), and a mounting assembly (Figures 7-9, #46-49, Col. 3, Lines 29-38) configured to position the first (1) and second (2) panel assemblies in a chamber of the ventilation/cooling system such that a gap is defined between rear surfaces of the first (1) and second (2) panel assemblies and interior walls (3) of the chamber, the mounting assembly including one or more channels (defined by U-shaped plates #47/48) attached to the chamber.
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While it is clear that the panels #6/7 of Trox include some kind of unspecified mounting system, the mounting system is not described in any detail. Because Ewank teaches a mounting assembly (46-49) including adjustable base plates that function to secure the baffles to the top and bottom wall, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Trox, with the apparatus of Ewank so as to provide simple substitution of one known mounting assembly for another, to the provide the predictable result of the Ewank mounting assembly being suitable for positioning/securing the first and second panel assemblies in the chamber of Trox. KSR International Co. v. Teleflex Inc., 82 USPQ 2d 1385 (2007).
With respect to claim 3, Ewank teaches wherein the mounting assembly (46-49) comprises a first channel (47/48) coupled to a base of the chamber (Figure 1, #26, when applied to baffle arrangement of Figure 3) and a second channel (47/18) coupled to a roof (24) of the chamber (Col. 3, Lines 29-38, when combined with chambers #2/3 or Trox).
With respect to claim 4, Ewank teaches wherein the porous housing comprises one or more porous members (i.e., expanded metal mesh housing material -Figure 7; Col. 3, Lines 22-27), when combined.
With respect to claim 5, Ewank teaches wherein the porous housing comprises perforated metal (Figure 7; Col. 3, Lines 22-27) or plastic sheeting, when combined.
With respect to claim 6, Ewank teaches wherein the porous housing (Figure 7; Col. 3, Lines 22-27) comprises an obvious single porous sheet of material wrapping the at least one acoustic absorptive member to cover the opposing faces, when combined. Note Figure 7 appears to show a single sheet of material. Further, providing a single of multiple sheets would have been an obvious matter of design choice.
With respect to claim 7, Ewank teaches wherein the porous housing covers the at least one acoustic absorptive member (of Trox #6/7, [0029, when combined]) at a front surface, a rear surface, and side surfaces of the respective panel assembly (50/1/2) (Figure 7; Col. 3, Lines 22-27), when combined.
With respect to claim 8, Ewank teaches wherein the one or more channels (47/48, Col. 3, Lines 29-38) comprise a first channel (defined by interior U-shape of one of plates #47/48) and a second channel (defined by exterior L-shaped channel formed between flange #49 and outer side surface of one of plates #47/48), wherein the first channel (defined by interior U-shape of one of plates #47/48) is a U-shaped rail and the second channel (defined by exterior L-shaped channel formed between flange #49 and outer side surface of one of plates #47/48) is an L-shaped rail.
With respect to claim 9, Trox and Ewank teach the acoustic absorptive member of claim 1. Trox further teaches wherein the at least one acoustic absorptive member comprises mineral wool.
Trox and Ewank fail to explicitly teach wherein the at least one acoustic absorptive member comprises fiberglass.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the at least one acoustic absorptive member comprises fiberglass, 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. In this case, fiberglass is a well-known acoustic absorptive material that is similar to the mineral wool taught by Trox, and its use is well-known.
With respect to claim 10, Ewank teaches wherein the mounting assembly (46/49) is adjustable to facilitate adjustment of a length of the gap (Col. 3, Lines 29-38), when combined. It is noted that the base plates are adjustable and secured by screws, which are inherently removable, therefore the mounting assembly can be adjusted to facilitate adjustment of a length of the gap. There is nothing preventing a user from repositioning the panels by removing the screws and remounting the panels to be closer of further from interior wall #3 of the device.
With respect to claim 11, Trox teaches air handling unit (AHU) (Figures 1-2, #2/3) including an acoustically absorptive system (1) comprising: a panel assembly comprising a first panel assembly (6) and a second panel assembly (7) configured to abut each other and extend in substantially perpendicular directions from each other (seen in the Figures, [0030]); wherein the first acoustic panel (6) and the second acoustic panel (7) each comprise: at least one acoustic absorptive member and an unspecified frame member disposed about the at least one acoustic absorptive member ([0029]); and a mounting assembly ([0030]-[0031]) coupled to an interior of the AHU (1) and configured to position the panel assembly (6/7) in the AHU (2/3) such that the first acoustic panel (6) extends substantially parallel to a first internal surface (sidewall surface of channel section #2, clearly seen in Figure 1-2) of the AHU (2/3), a first gap is defined between a first face of the first acoustic panel (6) and the first internal surface, the second acoustic panel (7) extends substantially parallel to a second internal surface (sidewall surface of channel section #3, clearly seen in Figure 1-2) of the AHU, and a second gap is defined between a second face of the second acoustic panel (7) and the second internal surface of the AHU (2/3).
Trox fails to explicitly teach wherein the unspecified frame includes a porous housing disposed about the at least one acoustic absorptive member such that a porous layer of the housing covers the at least one acoustic absorptive member at opposing faces of the respective acoustic panel defined by the at least one acoustic absorptive material and the porous housing; and a mounting assembly coupled to an interior of the AHU such that it is configured to position the panel assembly in the AHU.
Ewank teaches air handling unit (AHU) (broadly defined by structure of Figure 3 – Col. 2, Lines 24-26) including a similar acoustically absorptive system (Figure 3, defined by baffle structure including baffles #50) having a similar a first panel assembly (see annotated view of Figure 3, provided above, #1) and a second panel assembly (2) each including at least one acoustic absorptive member (See Figure 7; Col. 3, Lines 22-27) and a porous housing (i.e., expanded metal mesh) disposed about the at least one acoustic absorptive member (i.e. sound absorbing material #44) such that a porous layer of the housing covers the at least one acoustic absorptive member at opposing faces of the respective panel (50/1/2) defined by the at least one acoustic absorptive material and the porous housing, and a mounting assembly (Figures 7-9, #46-49, Col. 3, Lines 29-38) coupled to an interior of the AHU such that it is configured to position the panel assembly in the AHU such that the gaps of Trox are defined between a face of the porous housing (expanded metal mesh housing of panels #50/1/2) of the panels and an internal surface (3) of the AHU.
While it is clear that the panels #6/7 of Trox include some kind of unspecified mounting system, the mounting system is not described in any detail. Because Ewank teaches a mounting assembly (46-49) coupled to an interior of the AHU, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Trox, with the apparatus of Ewank so as to provide simple substitution of one known mounting assembly for another, to the provide the predictable result of the Ewank mounting assembly being suitable for being coupled to an interior of the AHU for positioning/securing the first and second panel assemblies in the AHU of Trox. KSR International Co. v. Teleflex Inc., 82 USPQ 2d 1385 (2007).
With respect to claim 12, Ewank teaches wherein the mounting assembly (Figures 7-9, #46-49, Col. 3, Lines 29-38) comprises one or more channels (defined by U-shaped plates #47/48) extending into an interior of the AHU, when combined.
With respect to claim 13, Ewank teaches wherein the one or more channels (47/48) comprise a first rail (46-49) extending from a ceiling (Figure 1, #24, when applied to baffle arrangement of Figure 3) of the AHU and a second rail (46-49) extending from a base (26) of the AHU (Col. 3, Lines 29-38), when combined.
With respect to claim 14, Ewank teaches wherein the at least one acoustic absorptive member and the porous housing (See Figure 7; Col. 3, Lines 22-27) form a panel assembly (50/1/2) and the mounting assembly (46/49) is configured to facilitate movement of the panel (50/1/2) assembly therein such that a size of the first gap of Trox is adjustable (Col. 3, Lines 29-38), when combined. It is noted that the base plates are adjustable and secured by screws, which are inherently removable, therefore the mounting assembly has the ability to (i.e. configured to) facilitate movement of the panel (50/1/2) assembly therein such that a size of the gap is adjustable. There is nothing preventing a user from repositioning the panels by removing the screws and remounting the panels to be closer of further from interior wall #3 of the AHU.
With respect to claim 15, Ewank teaches wherein the porous housing comprises one or more porous members (i.e., expanded metal mesh housing material -Figure 7; Col. 3, Lines 22-27), when combined.
With respect to claim 16, Ewank teaches wherein the one or more porous members comprise perforated metal or expanded metal (Figure 7; Col. 3, Lines 22-27), when combined.
With respect to claim 17, Trox and Ewank teach the acoustic absorptive member of claim 1, including wherein the porous housing is disposed about the at least one acoustic absorptive member (Ewank, Figure 7; Col. 3, Lines 22-27, when combined).
Trox and Ewank fail to explicitly teach wherein the porous housing comprises a polymer wrap
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein porous housing comprises a polymer wrap, 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. In this case, selecting a polymer wrap material for the housing would have been obvious.
With respect to claim 21, Ewank teaches wherein the one or more channels (47/48) are configured to couple to an air handling unit (see annotated view of Figure 3, provided above, #AHU, when combined with air handling unit, #2/3 of Trox).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Trox (DE 20011965 U1 – see translation provided by Examiner) in view of Radatus (7,258,196).
With respect to claim 18, Trox teaches a heating, ventilation, and/or air conditioning (HVAC) system ([0007]), comprising: an air handling unit (Figures 1-2, #1) defining a chamber (2/3) therein; a mounting assembly ([0030]-[0031]) disposed in the chamber (2/3); and a first panel assembly (6) and a second panel assembly (7) each comprising an acoustic absorptive member disposed within an unspecified frame ([0029]) wherein the first and second panel assemblies (6/7) are configured to abut each other and extend in substantially perpendicular directions from each other (seen in the Figures, [0030]), and the mounting assembly is configured to arrange the first and second panel assemblies (6/7), offset the first and second panel assemblies (6/7) from internal surfaces of the chamber (2/3) facing rear surfaces of the first and second panel assemblies (6/7) to define a gap between the rear surfaces of the first and second panel assemblies (6/7) and the internal surfaces of the chamber (2/3), and position the first and second panel assemblies (6/7) to extend substantially parallel to the internal surfaces of the chamber (2/3).
Trox fails to explicitly teach wherein the first and second panel assemblies include the acoustic absorptive member disposed within a porous housing such that the porous housing covers the acoustic absorptive member at opposing faces of the respective panel assembly and on each opposing edge of the respective panel assembly, and the mounting assembly is configured to slidably receive the first and second panel assemblies.
Ewank teaches a similar ventilation/cooling system (broadly defined by structure of Figure 3 – Col. 2, Lines 24-26) comprising: an air handling unit (see annotated view of Figure 3, provided above, #AHU) defining a chamber therein; and a similar first panel assembly (1) and a second panel assembly (1) each comprising an acoustic absorptive member (See Figure 7; Col. 3, Lines 22-27) disposed within a porous housing such that the porous housing covers the acoustic absorptive member at opposing faces of the respective panel assembly (1/2) and on each opposing edge of the respective panel assembly (best seen in Figure 7), when combined.
Because Trox and Ewank each teach similar noise reducing panels having an acoustically absorbent material therein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Trox, with the apparatus of Ewank so as to provide simple substitution of one known flow duct sound absorbing baffle for another, to provide the predictable result of the panel of the Ewank, which includes a sound absorbing material encased in a perforated material, being suitable for use in absorbing sound in the flow duct of Trox. KSR International Co. v. Teleflex Inc., 82 USPQ 2d 1385 (2007).
Radatus teaches a similar air handling unit defining a chamber (Figures 1-7, #12/62) therein; a mounting assembly (defined by upper mounting assembly seen in Figure 6, including U-shaped channel/track #76 and L-shaped bracket/channel #108, and/or not shown lower track provided on housing #62 allowing casters #114 to move – Col. 5, Lines 1-14) disposed in the chamber; and a first panel assembly (20/68) and a second panel assembly (20/68) each comprising an acoustic absorptive member (defined by absorbent material of baffles #20/68 – Col. 1, Lines 22-30; Col.5, Lines 40-50) disposed within a porous housing; and the mounting assembly is configured to slidably receive the first and second panel assemblies (20/68) (via sliding/rolling mounting track assembly – Col. 5, Lines 25-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Trox, with the apparatus of Radatus such that the lateral movement mechanism (i.e. the mounting assembly) of the silencer “allows the baffles 20 to be moved laterally within the housing 12 such that personnel will have access to the interior of the housing 12 to clean the baffles 20 in situ, that is, the baffles 20 may be cleaned without having to remove the baffles 20 from the housing 12” (Radatus, Col. 3, Lines 35-40).
With respect to claim 19, the combination of Trox, Ewank and Radatus teach wherein the first and second panel assemblies (Trox #6/7, when combined with Radatus, #20/60) are configured to move within the mounting assembly (Radatus, defined by upper mounting assembly seen in Figure 6, including U-shaped channel/track #76 and L-shaped bracket/channel #108, and/or not shown lower track provided on housing #62 allowing casters #114 to move – Col. 5, Lines 1-14) to adjust a size of the gap.
With respect to claim 20, the combination of Trox, Ewank and Radatus teach wherein the gap is at least 2 inches in length. The Examiner considers the range of movement within Radatus to teach that the baffles #20/68, when combined, could be laterally adjusted along the mounting assembly track to provide a gap that is at least 2 inches in length.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-21 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. Although Ewank and Radatus were both previously relied upon, all arguments made related to the panel arrangement/configuration relative to the chamber/AHU are taught by Trox as detailed above.
Regarding claim 8, the Examiner notes a new interpretation of the second channel of Ewank in view of the amendments to claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837