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 .
Status of Application/Claims
This Office Action is in response to the preliminary amendment filed on November 15, 2023. As directed by the amendment claims 1-20 have been amended. Claims 1-20 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement filed November 15, 2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claims 10 and 16 are objected to because of the following informalities:
In claim 10, line 3, “panel” should read “panels”.
In claim 16, line 6, “that is defines” should read “that defines” and in line 7, “panel” should read “panels”.
Appropriate correction is required.
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 14 is 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “independent” in claim 14 seems to be used to mean that the element, namely the support structure, is a separate element not integral with the other elements, namely the plurality of radiant panels. However, the accepted meaning of independent would be that the element does not interact with and is not connected with the other elements. Since parent claim 12 requires that the support structure is configured to fix the plurality of panels to load-bearing surfaces, the support structure cannot be said to be independent of the panels based on the accepted meaning of the term. The term is indefinite because the specification does not clearly redefine the term and the meaning of the limitation is therefore unclear. For the purposes of this Office Action, the limitation is being interpreted as “said support structure is separate from the plurality of radiant panels and fixed to the load-bearing surfaces of the internal room.”
Claim Rejections - 35 USC § 102
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 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.
Claims 1-2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by German Patent Publication DE 10128381 C1 by Roth et al (hereinafter “Roth”).
Regarding claim 1, Roth discloses an aeraulic device ((Fig 1 device 6) for a ceiling radiant thermal system of an internal room (Abstract), comprising:
a case body having an inlet opening and an outlet opening (Fig 1 housing 7 with inlet opening 19 and outlet opening 18);
at least one fan, housed by said case body and configured to move an airflow between said inlet opening and said outlet opening (Fig 1 fan 29);
wherein the aeraulic device is configured to be arranged in an upper volume or plenum of the internal room above a false ceiling of the ceiling radiant thermal system (Fig 1); and
wherein said inlet opening and said outlet opening are configured to be placed in fluid connection with the internal room and with the upper volume or plenum (Fig 2), and in cooperation with at least two openings formed in the false ceiling (Fig 2), such that said at least one fan is positioned to generate a flow of air mixing between the internal room and the upper volume or plenum (Fig 2 shows air flow which would generate such mixing).
Regarding claim 2, Roth further discloses that said inlet and said outlet openings are formed on at least one surface of said case body and define at least one of a linear direction and an angled direction of air flow (Figs 1-2 inlet opening 19 and outlet opening 18 formed in case body 7 and, depending on angle of flaps 21/23 can define a linear direction or angled direction of air flow).
Regarding claim 4, Roth further discloses that the aeraulic device further comprises diverting and conveying means of the airflow positioned at said inlet opening and said outlet opening; wherein the diverting and conveying means comprise at least one of vanes, conveyors, and a plurality of slits; and wherein the diverting and conveying means are formed into the case body (Figs 1-2, air supply flap 21 and recirculation flap 23).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of German Patent Publication DE 102011108090 by Renz (hereinafter “Renz”).
Regarding claim 3, Roth teaches the aeraulic device according to claim 1 (see details in claim 1 rejection above). But Roth does not teach that said inlet and outlet openings are provided with connecting means to the openings of the false ceiling; and wherein the connecting means comprise at least one of elbows or connector pipes.
However, Renz teaches an aeraulic device for an internal room (Fig 1 thermostatically controlled recirculating fan/convector 4), the room having an upper volume or plenum (Fig 1), the aeraulic device being configured to circulate air between the upper volume or plenum and the room (Fig 1 air flow shown with arrows). Renz teaches that the aeraulic device has a case body having an inlet opening and outlet opening and a fan housed in the case body (Fig 1 aeraulic device is a fan, shown housed in a box-shaped casing having an inlet shown on right and outlet to duct 5 shown on left of device 4). Renz further teaches that said inlet and outlet openings are provided with connecting means to the openings of the false ceiling; and wherein the connecting means comprise at least one of elbows or connector pipes (Fig 1 outlet opening of duct 5 of aeraulic device is shown connected to opening 6 of false ceiling 2, see also Fig 13; Fig 1 also shows a connecting pipe connected to the inlet of aeraulic device 4 which would connect aeraulic device 4 with the air flow from an opening in the false ceiling 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the aeraulic device of Roth by providing connecting means on the inlet and outlet openings of the aeraulic device to connect to openings in the false ceiling, wherein the connecting means comprise at least one of elbows or connector pipes. The connecting means would be advantageous in connecting the aeraulic device directly to openings in the false ceiling, particularly in a large space where the desired openings are not directly adjacent to the aeraulic device.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of CN 105756256 by Sheng (hereinafter “Sheng”).
Regarding claim 5, Roth teaches the aeraulic device according to claim 1 (see details in claim 1 rejection above). But Roth does not disclose that the aeraulic device further comprises a filter element configured to collect dust and particles present in the air.
However, Sheng teaches an integrated ceiling device for installation at a ceiling of an internal room (paragraph [0008]) comprising a case body (Fig 1 housing 1) which houses a ventilating mechanism (Fig 1 air blowing channel 5 and blower 7) and a heating mechanism (Fig 1 heating mechanism 6), along with a filter element configured to collect dust and particles present in the air (Fig 1 filter and sterilization chamber 8 comprises filter elements; paragraph [0012]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the aeraulic device of Renz by including a filter element, such as that taught by Sheng, in order to filter dust and particles from the air before the air is circulated back to the internal room.
Regarding claim 6, Roth teaches the aeraulic device according to claim 1 (see details in claim 1 rejection above). But Roth does not disclose that the aeraulic device further comprises an air sanitizing device.
However, Sheng teaches an integrated ceiling device for installation at a ceiling of an internal room (paragraph [0008]) comprising a case body (Fig 1 housing 1) which houses a ventilating mechanism (Fig 1 air blowing channel 5 and blower 7) and a heating mechanism (Fig 1 heating mechanism 6), along with an air sanitizing device (Fig 1 filter and sterilization chamber 8 and ultraviolet lamp 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the aeraulic device of Renz by including an air sanitizing device, such as that taught by Sheng, in order to sanitize and disinfect the recirculated air provided to the internal room.
Claims 7-8, 10-14, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of German Patent Publication DE 202018103857 (hereinafter “DE ‘857”).
Regarding claim 7, Roth teaches the aeraulic device according to claim 1 (see details in claim 1 rejection above). Roth further teaches that the radiation wall of the aeraulic device is designed to be sound absorbing (paragraph [0063]; Fig 1 radiation wall 10 as the lower wall of case body 7 of aeraulic device). But Roth does not explicitly teach that the aeraulic device comprises at least one of a thermo-acoustic insulation layer and a sound-absorbing insulation material layer arranged internally or externally to said case body.
However, DE ‘857 teaches radiant panels forming a radiation wall of a ceiling (Abstract, Fig 1), wherein the radiant panels comprise sound-absorbing insulation material layer (Fig 2 sound-absorbing layer 10 and acoustic fleece 13;paragraph [0023]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the aeraulic device of Roth by including a sound-absorbing layer arranged internally or externally to the case body. Since Roth teaches that it is preferable that the lower surface of the aeraulic device be sound-absorbing, and DE ‘857 teaches a known sound-absorbing layer for similar ceilings, it would have been obvious to include such a sound-absorbing layer on the aeraulic device to perform the desired sound absorption. Such sound-absorbing layer would be arranged either internally or externally to the case body.
Regarding claim 8, Roth teaches a radiant ceiling thermal system for heating and cooling of an internal room (Abstract), wherein the internal room includes an upper volume or plenum (Fig 1 room 1 includes an upper volume or plenum between radiation wall 10 and solid ceiling 2), the system comprising:
a radiant false ceiling (Fig 1 radiation wall 10);
at least two openings formed in the radiant false ceiling and configured to place the internal room in fluid communication with the upper volume or plenum (Fig 1 openings shown at left and right sides of radiant false ceiling 10); and
at least one aeraulic device configured to be arranged in the upper volume or plenum of the internal room above the radiant false ceiling (Fig 1 device 6), the at least one aeraulic device comprising:
a case body having an inlet opening and an outlet opening (Fig 1 housing 7 with inlet opening 19 and outlet opening 18); and
at least one fan housed by said case body and configured to move an airflow between said inlet opening and said outlet opening (Fig 1 fan 29);
wherein said inlet opening and said outlet opening are configured in fluid connection with the internal room and with the upper volume or plenum of the internal room (Fig 2); and
wherein said inlet opening and said outlet opening are configured to be in cooperation with the at least two openings of the radiant false ceiling such that said at least one fan is positioned to generate a flow of air mixing between the internal room and the upper volume or plenum of the internal room (Fig 2 shows air flow which would generate such mixing); and
wherein the at least one aeraulic device is arranged above said radiant false ceiling between the internal room and the upper volume or plenum (Fig 1); and
wherein said at least one aeraulic device is configured to circulate air within the internal room through said at least two openings of the radiant false ceiling (Fig 2).
But Roth does not explicitly disclose that the radiant false ceiling is formed of a plurality of radiant panels connectable together.
However, DE ‘857 teaches a radiant ceiling thermal system for heating and cooling of an internal room (paragraph [0001]), the system comprising a plurality of radiant panels connectable together to form a false radiant ceiling (paragraph [0020]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth by making the radiant false ceiling from a plurality of radiant panels connectable together, as taught by DE ‘857. The modular radiant panels would have the advantage of being easy to manufacture and install, allowing the system to be adapted for rooms of varying sizes.
Regarding claim 10, Roth, as modified by DE ‘857, teaches that said at least two openings are defined by an absence or by an array interruption of at least one of the plurality of radiant panel on the false ceiling. Roth teaches that the openings are formed by an absence or interruption of the radiant false ceiling (Roth Fig 1, openings are formed between radiant ceiling 10 and walls 4/5). The modification of Roth with DE ‘857 results in a radiant false ceiling which is made up of panels. The resulting radiant false ceiling of radiant panels would then have openings which are defined by an absence or by an array interruption of at least one of the plurality of radiant panel on the false ceiling.
Regarding claim 11, Roth teaches that said at least one aeraulic device is arranged in fluid communication with one of the inlet opening or the outlet opening and configured to move air through at least one of the inlet opening and the outlet opening and into the upper volume or plenum (Fig 2).
Regarding claim 12, Roth teaches that the false ceiling comprises a support structure that is configured to fix the radiant false ceiling to load-bearing surfaces of the internal room (Fig 3 suspension device 34); and wherein the support structure defines a vertical height of the upper volume or plenum (by determining the height of the case body 7, including the radiant false ceiling 10, the support structure would define the height of the upper volume or plenum).
Regarding claim 13, Roth teaches an embodiment in which the radiant false ceiling is connected to walls of the internal room (Fig 4). DE’857 teaches that the support structure is provided by a rigid frame of each of the plurality of radiant panels (Fig 2 mounting structure 15 frames each of the plurality of radiant panels); and wherein the rigid frames of each of the plurality of radiant panels are configured to interconnect with each other and to at least one of a surface of an upper slab and to walls of the internal room (paragraph [0046] frames 15 are configured to interconnect with each other as modular elements and to either an ceiling or walls of the internal room).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth such that a support structure is provided by a rigid frame of each of the plurality of panels and wherein the rigid frames of each of the plurality of radiant panels are configured to interconnect with each other and to at least one of a surface of an upper slab and to walls of the internal room, as taught by DE ‘857. Having modified the system of Roth with the radiant panels of DE ‘857, it would have been obvious to use the frames of the radiant panels as a support structure for the panels to fix the panels to a load-bearing surface such as a wall of the room, rather than requiring another additional support structure. The teachings of Roth and DE ‘857 show that these support structures (panel frame supports and suspension supports) were art-recognized equivalents at the time the invention was made and the simple substitution of one known element for another producing a predictable result renders the claim obvious before the effective filing date of the invention.
Regarding claim 14, Roth/DE ‘857 teaches the radiant ceiling thermal system of claim 12. See details in parent claim 12 rejection above, including the motivation for a person of ordinary skill to modify. Roth, as modified with the radiant panels of DE ‘857, teaches that the support structure is separate from the plurality of radiant panels and fixed to load bearing surfaces of the internal room (Fig 3 support structure 34 fixed to solid ceiling 2 and attached to top wall of case body 7).
Regarding claim 17, Roth teaches that the radiant false ceiling is designed to be sound-absorbing (paragraph [0063]), but Roth does not explicitly teach that the radiant false ceiling includes at least one of an acoustic insulation layer and a multilayer insulation having acoustic insulation features.
However DE’857 teaches that the radiant panels include at least one of an acoustic insulation layer and a multilayer insulation having acoustic insulation features (Fig 2 acoustic fleece 13 and sound absorption layer 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth/DE ‘857 such that the radiant false ceiling includes at least one of an acoustic insulation layer and a multilayer insulation having acoustic insulation features. This would be advantageous in reducing noise in the room by absorbing noise from the room, but also insulating the room from noise that may be produced by components above the false ceiling of the room.
Regarding claim 18, Roth teaches that said at least one aeraulic device is at least one of fixed on said radiant false ceiling using an adjustable support frame and placed in cooperation with conveyor elements so as to direct flow of air within the internal room (Fig 1 aeraulic device 6 is in cooperation with flaps 21 and 23 to direct the flow of air within the internal room).
Regarding claim 20, Roth teaches that the radiant false ceiling has an exposed surface in direct contact with the internal room (Fig 1 radiation wall 10); wherein the exposed surface comprises a smooth or microperforated finish; and wherein the exposed surface comprises at least one of metal material and plasterboard (paragraph [0063] radiation wall 10 has a micro-perforated metal panel).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of DE ‘857 and in further view of US 2005/0170770 by Johnson et al (hereinafter “Johnson”).
Regarding claim 9, Roth/DE ‘857 teaches the radiant ceiling thermal system of claim 8, including the radiant false ceiling formed from a plurality of radiant panels. See details in parent claim 8 rejection above, including the motivation for a person of ordinary skill to modify. But Roth/DE ‘857 does not explicitly teach that said at least two openings are formed directly on at least two of the plurality of radiant panels.
However, Johnson teaches an internal room having a false ceiling formed from a plurality of panels (Fig 2 dropped ceiling 200a of equipment room 200 made up of ceiling tiles 230) and an upper volume or plenum above the false ceiling (Fig 2 plenum 210), wherein at least two openings are formed in the false ceiling to allow the internal room to be in fluid communication with the upper volume or plenum (Fig 2 openings in false ceiling 200a at ducts 225 and 220, airflow shown with arrows 245 through internal room and plenum), the openings being formed directly on at least two of the plurality of panels (Fig 2 shows the openings in at least two of the ceiling panels 230).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth/DE ‘857 by forming the at least two openings directly on at least two of the plurality of radiant panels. Roth/DE ‘857 teaches the claimed invention except that Roth/DE ‘857 teaches that the openings in the false ceiling are formed by an absence of radiant panels. Johnson teaches that openings in a false ceiling that are formed directly on at least two of a plurality of ceiling panels is an equivalent structure known in the art. Therefore, because the two opening formations were art-recognized equivalents at the time the invention was made, one of ordinary skill would have found it obvious to substitute the openings formed directly on the panels for the openings formed by an absence of panels. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious before the effective filing date of the invention.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of DE ‘857 and in further view of Renz.
Regarding claim 15, Roth/DE ‘857 teaches the radiant ceiling thermal system of claim 8. See details in parent claim 8 rejection above, including the motivation for a person of ordinary skill to modify. But Roth/DE ‘857 does not explicitly teach that the at least one aeraulic device comprises a plurality of aeraulic devices; and wherein a portion of the plurality of aeraulic devices are configured to be deferral aeraulic devices configured to maintain a flow of circulating internal air in the internal volume or plenum.
However, Renz teaches an aeraulic device for an internal room, the room having an upper volume or plenum, the aeraulic device being configured to circulate air between the upper volume or plenum and the room (Fig 9 aeraulic device(s) 4 which circulate air through an upper volume or plenum above suspended ceiling layer 2). Renz further teaches that the least one aeraulic device can comprises a plurality of aeraulic devices; and wherein a portion of the plurality of aeraulic devices are configured to be deferral aeraulic devices configured to maintain a flow of circulating internal air in the internal volume or plenum (Fig 9 shows a plurality of aeraulic devices, a portion of which would perform this function).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth/DE ‘857 by making the at least one aeraulic device to comprise a plurality of aeraulic devices, wherein a portion of the plurality of aeraulic devices are configured to be deferral aeraulic devices configured to maintain a flow of circulating internal air in the internal volume or plenum, as taught by Renz. This would be advantageous in providing sufficient air flow over larger areas.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of DE ‘857 and in further view of DE 4403528 by Randel et al (hereinafter “Randel”).
Regarding claim 16, Roth/DE ‘857 teaches the radiant ceiling thermal system according to claim 8. See details in parent claim 8 rejection above, including the motivation for a person of ordinary skill to modify. Roth further teaches an embodiment wherein the upper volume or plenum is defined from and integrated directly within the radiant ceiling (Fig 4); wherein the upper volume or plenum is positioned between a pipeline support surface of heat carrier fluid (Fig 4 radiant ceiling 10) and an upper surface (Fig 4 solid ceiling 2) and positioned in cooperation with the radiant false ceiling (Fig 4). But Roth does not teach that said upper surface is a thermal insulating layer that defines a thermal insulating surface.
However, Randel teaches a radiant thermal ceiling system for an internal room (Abstract, Fig 2), wherein the internal room includes an upper volume or plenum (Fig 2 space 11 in room 1), the system comprising: a plurality of radiant panel connectable together to form a radiant false ceiling (Fig 2 chilled ceiling elements 3); the radiant false ceiling configured such that the internal room is in fluid communication with the upper volume or plenum (Fig 2 air flow shown with arrows). Randel further teaches that the upper volume or plenum is defined from and integrated directly within the plurality of radiant panels that are connectable together (Fig 2); wherein the upper volume or plenum is positioned between a pipeline support surface of heat carrier fluid (Fig 2 ceiling elements 3 support pipes 4) and a thermal insulating layer that defines a thermal insulating surface (Fig 2 insulation 8) and positioned in cooperation with at least one of the plurality of radiant panels (Fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth/DE ‘857 by making the upper volume or plenum such that it is defined from and integrated directly within the plurality of radiant panels that are connectable together; wherein the upper volume or plenum is positioned between a pipeline support surface of heat carrier fluid and a thermal insulating layer that is defines a thermal insulating surface and positioned in cooperation with at least one of the plurality of radiant panel, as taught by Randel. This modification would maintain the modular design of the panels, but the addition of a thermal insulating layer above the upper volume or plenum would be advantageous in insulating the upper volume or plenum from the solid ceiling.
Please note that the claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art (MPEP 2173.01 I). Accordingly, where claim 16 recites “the upper volume or plenum is defined from and integrated directly within the plurality of radiant panels,” “defined from” is interpreted to mean that a boundary of the upper volume or plenum is defined or delimited by the plurality of radiant panels.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Roth in view of DE ‘857 and in further view of US Patent No. 5,729,994 issued to Mukaiyama et al (hereinafter “Mukaiyama”).
Regarding claim 19, Roth/DE ‘857 teaches the radiant ceiling thermal system according to claim 8. See details in parent claim 8 rejection above, including the motivation for a person of ordinary skill to modify. But Roth/DE ‘857 does not teach that the system further comprises a fan control system to control the at least one aeraulic device, and further comprises a logic unit for continuous or intermittent operation of the fan control system
However, Mukaiyama teaches a radiant ceiling thermal system for heating and cooling of an internal room (Abstract; Fig 5), wherein the internal room includes an upper volume or plenum (Fig 5 ), the system comprising: a radiant panel forming a radiant false ceiling (Fig 5 radiant panel 125); at least two openings formed in the radiant false ceiling and configured to place the internal room in fluid communication with the upper volume or plenum (Fig 5 through holes H and air intake AH); at least one aeraulic device configured to be arranged in the upper volume or plenum of the internal room above the radiant false ceiling, the at least one aeraulic device comprising: a case body having an inlet opening and an outlet opening (Fig 5 casing of indoor unit 107, note that air flow is shown into and out of the casing); and at least one fan housed by said case body and configured to move an airflow between said inlet opening and said outlet opening (Fig 5 fan 130); wherein said inlet opening and said outlet opening are configured in fluid connection with the internal room and with the upper volume or plenum of the internal room (Fig 5 air flow shown with arrows); and wherein said inlet opening and said outlet opening are configured to be in cooperation with the at least two openings of the radiant false ceiling (Fig 5) such that said at least one fan is positioned to generate a flow of air mixing between the internal room and the upper volume or plenum of the internal room (air flow shown in Fig 5 would create this air mixing); and wherein the at least one aeraulic device is arranged above said radiant false ceiling between the internal room and the upper volume or plenum (Fig 5); and wherein said at least one aeraulic device is configured to circulate air within the internal room through said at least two openings of the radiant false ceiling (Fig 5). Mukaiyama further teaches that the radiant ceiling thermal system further comprises a fan control system to control the at least one aeraulic device (Fig 6 controller 133 controls aeraulic device based on temperature and humidity measurements, similar to the control process in Fig 3 and described in col 11 line 4 – col 12 line 61); and further comprising a logic unit for continuous or intermittent operation of the fan control system (Fig 6 controller 133).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the radiant ceiling thermal system of Roth/DE ‘857 by including a fan control system to control the at least one aeraulic device and a logic unit for continuous or intermittent operation of the fan control system. This would allow the aeraulic device to be operated based on the conditions of the room.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 102011084423 by Makulla et al teaches a radiant ceiling thermal system wherein air communicates between an upper volume or plenum and an internal room through openings in the radiant ceiling.
DE 102011111434 by Hoerner teaches a radiant ceiling thermal system wherein air communicates between an upper volume or plenum and an internal room, the air being driven through the upper volume or plenum by a fan.
EP 1167889 by Bardy teaches a radiant ceiling thermal system wherein air communicates between an upper plenum and an internal room. Bardy also teaches a support structure for the radiant ceiling tiles and insulation above the plenum.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amy E Carter whose telephone number is (703)756-5894. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM.
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/AMY E CARTER/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762