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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/17/26 has been entered.
Claim Objections
Claims 1-6 are objected to because of the following informalities:
With regard to claim 1: Line 11 of the claim, it appears that the limitation “each said wallboard stud” should be directed to --each said gypsum wallboard stud-- for consistency of the claim language.
Appropriate correction is required.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (KR 1989-0002503).
With regard to claim 1: Kim et al. discloses an interior wall (figs. 4-5), comprising:
a frame including at least one footer (A), at least one header (B), at least one vertical frame member (one of the laminated gypsum studs C) connecting at least one of said at least one footer (A) to at least one of said at least one header (B), said frame having a first side (to which M is attached) and a second side (to which N is attached) (figs. 4-5), and defining an interior frame space (between M and N) (figs. 4-5);
a first wallboard panel (M) fastened to said first side of said frame (figs. 4-5);
at least one gypsum wallboard stud (one of the intermediate laminated gypsum studs C) secured in said interior frame space (between M and N) (figs. 4-5), being fastened to said first wallboard panel (M) and being dimensioned to extend from said first side (to which M is attached) to said second side (to which N is attached) (fig. 1), each said at least one gypsum wall board stud (one of the intermediated laminated gypsum studs C) is assembled from and consists of a plurality of layers of gypsum (figs. 1 and 5; line 1 of the claims shown in translation), the layers of gypsum wall forming each said gypsum wallboard stud (one of the intermediate laminated gypsum studs C) being secured to each other into a unitary mass (figs. 1 and 5; line 1 of the claims shown in translation).
Kim et al. discloses a second wallboard panel (N) being fastened to said frame and to said at least one wallboard stud (one of the intermediate laminated gypsum studs C) for creating a continuous acoustic connection between said first wallboard panel and said second wallboard panel (figs. 1 and 4-5).
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Fig. 4: Kim et al. (KR 1989-0002503)
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Fig. 5: Kim et al. (KR 1989-0002503)
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (KR 1989-0002503) in view of Levesque (US 4,161,087 A1).
With regard to claim 2: Kim et al. discloses that the frame comprises the at least one footer (A) and the at least one header (B) made of channels (fig. 4). The at least one gypsum wallboard stud (one of the intermediate laminated gypsum studs C) of Kim et al. is configured to have a thickness dimensioned to fill a cavity defined by walls of the channels (figs. 4-5).
Kim et al. does not disclose said frame made of metal channels, the frame comprises the at least one vertical frame member.
However, Levesque discloses a wall comprising a frame made of metal channels, the frame comprising at least one footer (bottom channel 22), at least one header (top channel 22) and vertical frame members (outer studs 21) (figs. 1 and 2; col. 2, lines 53-66).
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 interior wall of Kim et al. to have the frame comprising at least one footer, at least one header and outer vertical frame members made of metal channels such as taught by Levesque in order to provide an enclosed frame capable of maintaining its form when subjected to greater loading. No new or unpredictable results would be obtained from modifying the interior wall of Kim et al. to have the frame be an enclosed frame comprising at least one footer, at least one header and outer vertical frame member made of metal channels such as taught by Levesque. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (KR 1989-0002503) in view of Sessler et al. (US 2015/0361659 A1).
With regard to claim 3: Kim et al. does not disclose an acoustic mat installed between said frame and a substrate.
However, Sessler et al. discloses an acoustic mat (acoustic dampening mat 26) installed between a frame (12, 14, 28 forming the perimeter of the interior wall) and a substrate (concrete floor and ceiling) (figs. 4-5; par. [0037]).
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 interior wall of Kim et al. to have an acoustic mat installed between said frame and substrate including a ceiling and floor such as taught by Sessler et al. in order to provide acoustic dampening between the floor levels of a building structure. No new or unpredictable results would be obtained from modifying the interior wall of Kim et al. to have an acoustic mat installed between the frame and substrate including a ceiling and floor such as taught by Sessler et al. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 4: Sessler et al. discloses that said acoustic mat (26) is disposed between said at least one footer (bottom angle members 28) and the substrate of the floor (figs. 4-5; par. [0037]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (KR 1989-0002503) in view of Hyatt (US 3,423,893).
With regard to claim 5: Kim et al. discloses that said at least one gypsum wallboard stud (one of the intermediate laminated gypsum studs C) comprises a plurality of gypsum wallboard studs (figs. 1 and 4-5).
Kim et al. does not disclose that said plurality of gypsum wallboard studs have an on center spacing of one of 12 and 24 inches, and said interior wall having a knock factor ratio of 0.8.
However, Hyatt discloses that the spacing of studs can reduce direct transmission of sound (col. 1, lines 45-54).
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 interior wall of Kim et al. to adjust the spacing of the studs such as taught Hyatt in order to reduce the transmission of sound through the wall. Further, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the interior wall of Kim et al. to comprise one of a finite number of available dimensions comprising stud spacing, including the claimed on center spacing of one of 12 or 24 inches, to impart desirable properties such as reducing the transmission of sound. No new or unpredictable results would be obtained from modifying the dimensions of the interior wall including the spacing of the studs of Kim et al. to impart desirable acoustic properties such as taught by Hyatt including, but not limited to, a knock factor ratio of 0.8. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Response to Arguments
Applicants’ arguments with respect to claim(s) 1-6 have been considered but are moot in view of the new grounds of rejection.
Examiner notes that the response to arguments found in the advisory action of 7/16/26 pertaining to Levesque, Sessler and Hyatt are applicable to the rejections of claims 2-5 under 103.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633
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