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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/7/2026 has been entered.
Status of the Claims
The status of the claims as filed in the reply dated 4/7/2026 are as follows:
Claims 1 and 22 are amended,
Claims 10 and 23 are canceled,
Claims 1-9 and 11-22 are currently pending.
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, 3-5, 9, 11-16, 20, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baratti et al. (U.S. Patent Publication No. 2018/0202669, “Baratti”).
Regarding claim 1, Baratti discloses a heating and/or cooling system for a building (figs 3-6), comprising:
modular thermal emitters fixed within the building and being arranged to span a substantial part of an interior surface of the building (¶0001), wherein each of the modular thermal emitters defines an inlet (18) and an outlet (18’), and comprises a planar member having one or more grooves (17) defining a plurality of channels therein, wherein the plurality of channels is configured to convey a thermal fluid within the plurality of channels from the inlet to the outlet of the respective modular thermal emitter and thereby to exchange heat between the thermal fluid and the respective modular thermal emitter, and
a fluid conduit (17a) configured to convey the thermal fluid from one of the modular thermal emitters to another of the modular thermal emitters; and
a controller configured to control a flow of the thermal fluid through the modular thermal emitters (¶0039).
Regarding claim 3, Baratti further discloses wherein the interior surface is a wall and/or a ceiling of an enclosed space of the building, and the building is a residential building, a commercial building, or an industrial building (as the building would have to be one of these).
Regarding claim 4, Baratti further discloses wherein the one of the modular thermal emitters in fluid communication with the another of the modular thermal emitters via the fluid conduit without any mechanical connectors along a pathway of the thermal fluid from the one of the modular thermal emitters to the another of the modular thermal emitters (fig 3).
Regarding claim 5, Baratti further discloses wherein the modular thermal emitters are reconfigurable without disassembling the interior surface of the building (¶0034).
Regarding claim 9, Baratti further discloses wherein, when the thermal fluid fills the channels of a respective modular thermal panel of the of modular thermal emitters, a ratio of a thermal mass of the thermal fluid to a thermal mass of the respective modular thermal panel is capable of being greater than 0.5 (via controlling the flow rate through the panels).
Regarding claim 11, Baratti further discloses wherein a temperature of the thermal fluid changes in a direction towards a room temperature as the thermal fluid flows through the respective modular thermal emitters, and an order of the thermal fluid flow through the respective modular thermal emitters is set to more uniformly heat and/or cool the building relative to an order of the thermal fluid flow in which the thermal fluid flow is conveyed from a current modular thermal panel to a next closest modular thermal panel.
Regarding claim 12, the limitation of “wherein the modular thermal emitters are preassembled into groups of two or more modular thermal emitters thereby improving ease of installation” is considered a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 13, the limitation of “wherein the groups of two or more modular thermal emitters are configured to be installed by sliding the groups of two or more modular thermal emitters into respective channels attached to the interior surface of the building” is considered a product-by-process limitation.
Regarding claim 14, Baratti further discloses a thermal insulator (11, ¶0031) in thermal communication with a first face of the planar member, the first face facing towards a plenum space (12).
Regarding claim 15, Baratti further discloses a thermal conductor (see annotated fig 4 below) in thermal communication with a second face of the planar member, the second face facing away from the plenum space and towards am interior of the building, the thermal conductor being one of a ceiling tile, an acoustic tile, a decorative tile, a wall panel, a plaster, or one or more sheets of drywall (as the thermal conductors are to be insides the walls of a building).
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Regarding claim 16, Baratti further discloses wherein the channels (17) are non-circular and are molded between two sheets that form the planar member (figs 3 and 4).
Regarding claim 20, the limitation of wherein the building is zoned to have a greater density of the modular thermal emitters in zones requiring more heat transfer is considered intended use. A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here.
Regarding claim 22, Baratti discloses modular thermal panel for transferring heat to or from an enclosed space within a building, the modular thermal panel (figs 3-6) comprising:
a planar member comprising a thermal conductor (see annotated fig 4 below) defining a plurality of enclosed channels-grooves (17) disposed therein, the plurality of enclosed grooves defining an input channel (18) and an output channel (18’) and one or more other channels being configured to convey a flow of a liquid from the input channel to the output channel, wherein the one or more other enclosed-channels extend from the input channel to the output channel;
an inlet port (17) in fluid communication with the input channel and configured to supply the liquid to the planar member; and
an outlet port (17a) in fluid communication with the outlet channel and configured to exhaust the liquid from the planar member.
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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 Baratti as applied to claim 1 above, and further in view of Peng (Chinese Patent Publication CN110553335A, previously cited).
Regarding claim 2, Baratti discloses all previous claim limitations. However, Baratti does not explicitly disclose a humidity regulator that measures a humidity of the building and modifies the humidity to maintain a dew point temperature below a temperature of the plurality of modular thermal emitters. Peng, however, discloses a radiant panel wherein a humidity regulator that measures a humidity of the building and modifies the humidity to maintain a dew point temperature below a temperature of the plurality of modular thermal emitters (page 7, lines 30-46). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baratti to provide the humidity regulator of Peng in order to regulate humidification.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baratti as applied to claim 1 above, and further in view of Bergh (U.S. Patent No. 4,766,951, previously cited).
Regarding claim 6, Baratti discloses all previous claim limitations. However, Baratti does not explicitly disclose wherein the modular thermal emitters are fixed to the interior surface of the building using a channel support structure that is fixed to the interior surface, and channels in the channel support structure hold the modular thermal emitters along a periphery of the modular thermal emitters. Bergh, however, discloses a system wherein thermal emitters are fixed to the interior surface of the building using a channel support structure (24, figs 1 and 2) that is fixed to the interior surface, and channels in the channel support structure hold modular thermal emitters (38) along a periphery of the modular thermal emitters. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baratti to provide the channel support structure of Bergh in order to improve the connection to an interior surface of the building.
Regarding claim 7, the combination of Baratti and Bergh discloses all previous claim limitations. Baratti, as modified, further discloses wherein the channel support structure (24, Bergh) comprises anti-uplift structures (24, Bergh) that prevent movement of the modular thermal emitters in response to a change in room pressure.
Regarding claim 8, Baratti discloses all previous claim limitations. However, Baratti does not explicitly disclose wherein the modular thermal emitters are fixed to the interior surface of the building using one of:
one or more fasteners secured to the interior surface of the building through one or more preformed attachment points within the respective modular thermal emitters,
attachments to a support lattice for a suspended ceiling,
one or more fasteners securing the modular thermal emitters to framing members, rafters, ceiling beams, or ceiling trusses,
a channel supporting a perimeter of the modular thermal emitters, fasteners fixing the channel either to one or more sheets of dry wall, one or more CMU, or structural wall or ceiling, or
suspending the modular thermal emitters from a structural ceiling using suspension wire or using a suspension fastener.
Bergh, however, discloses a system (figs 1 and 2) wherein thermal emitters are fixed to the interior surface of the building using suspending the modular thermal emitters from a structural ceiling using a suspension fastener (24). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baratti to provide the suspension fastener of Bergh in order to improve the connection to a ceiling of a building.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baratti as applied to claim 1 above, and further in view of Maniera (German Patent Publication DE202005011232U1, previously cited).
Regarding claim 17, Baratti discloses all previous claim limitations. However, Baratti does not explicitly disclose wherein an input channel conveys the thermal fluid from an inlet, the input channel fans out and bifurcates into branches spanning a substantial part of the planar member, and the branches combine to form an output channel conveying the fluid to an outlet. Maniera, however, discloses a thermal emitter wherein an input channel conveys the thermal fluid from an inlet, the input channel fans out and bifurcates into branches (8) spanning a substantial part of the planar member, and the branches combine to form an output channel conveying the fluid to an outlet (see annotated fig 3 below). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baratti to provide the branches of Maniera in order to more evenly distribute the heat through the emitter.
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Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baratti as applied to claim 1 above, and further in view of Dziubinschi et al. (U.S. Patent Publication No. 2016/0327346, “Dziubinschi”, previously cited).
Regarding claim 18, Baratti discloses all previous claim limitations. However, they do not explicitly disclose wherein the channels are shaped to turbulate a flow of the thermal fluid and to provide a more even heat distribution throughout the channels. Dziubinschi teaches a heat exchanger wherein channels (fig 2) are shaped to turbulate a flow of the thermal fluid and to provide a more even heat distribution throughout the channels (¶0030). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baratti to provide the channels of Dziubinschi in order to provide turbulence and thus improve heat exchange efficiency.
Regarding claim 19, the combination of Baratti and Dziubinschi discloses all previous claim limitations. Baratti, as modified, further discloses wherein the channels are shaped to include off-center obstructions that turbulate the flow of the thermal fluid (fig 2, Dziubinschi).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baratti as applied to claim 1 above, and further in view of Siegmund et al. (German Patent Publication DE102012103895A1, “Siegmund”, previously cited).
Regarding claim 21, Baratti discloses all previous claim limitations. However, Baratti does not explicitly disclose the modular thermal emitters are attached to a suspended ceiling using an attachment structure configured to attach to a horizontal portion of a support lattice of the suspended ceiling, wherein a lower portion of the support lattice has a cross-section shaped as an inverted T- shape and the horizontal portion of the support lattice corresponds to a bottom of the inverted T-shape, and
the attachment structure includes a hook that extends around one end of the horizontal portion of the support lattice and includes a foldable tab that folds over another end of the horizontal portion of the support lattice.
Siegmund, however, discloses system wherein modular thermal emitters (13) are attached to a suspended ceiling using an attachment structure configured to attach to a horizontal portion (see annotated fig 3B below) of a support lattice of the suspended ceiling, wherein a lower portion of the support lattice has a cross-section shaped as an inverted T- shape and the horizontal portion of the support lattice corresponds to a bottom of the inverted T-shape, and
the attachment structure includes a hook (7) that extends around one end of the horizontal portion of the support lattice and includes a foldable tab that folds over another end of the horizontal portion of the support lattice (see annotated fig 3B below). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Baratti to provide the attachment structure of Siegmund in order to provide a reliable attachment to a ceiling.
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Response to Arguments
Applicant's arguments filed 4/7/2026 have been fully considered but they are not persuasive.
Applicant argues that none of the cited references teach the limitations of the independent claims. However, Baratti is now being relied upon to teach these limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at (571)270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRY E ARANT/ Primary Examiner, Art Unit 3763
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