DETAILED ACTION
This Office action is a reply to the amendment filed on 5/7/2026. Currently, claims 1-8 and 10-15 are pending. Claim 9 has been cancelled. No claims have been withdrawn. No new claims have been added.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, “the” (line 13) is recited twice and appears to be a typo.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 and 10-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, “the wire lock being fixedly attached to the wire lock holding member” (last two lines of the claim) is new matter because “fixedly attached” was not reasonably described in applicant’s disclosure. Applicant’s specification recites, “[t]he wire lock 114b is in turn press fitted into the wire lock holding member 124b. More specifically, the wire lock 114b is press fitted into the wire lock holding member 124b of the anchor element 106b such that the wire lock 114b is recessed in the ceiling tile element 102b together with the head portion 110b. Different designs, sizes and fastening techniques of the wire lock holding member 124b may be used to advantage. Other fastening techniques include soldering, welding or gluing to give a few non-limiting examples” ([0094] as published in US 20240318424). Thus, applicant’s specification supports an attachment of the wire lock to the wire lock holding member including the wire lock press fitted into the wire lock holding member, soldering, welding or gluing. However, applicant’s specification does not support “fixedly attached”, which is broader that what is described. While there is no in haec verba requirement, newly added claim limitations must be supported in the specification through express, implicit or inherent disclosure. MPEP 2163(B). Since applicant’s claim limitation is broader than what is described in applicant’s disclosure, the limitation was treated as new matter.
The remainder of claims in this section are rejected by virtue of dependency upon a rejected base claim.
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 1-8 and 10-15 are 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.
Claim 1, “the wire lock being fixedly attached to the wire lock holding member” (last two lines of the claim) is indefinite because it is unclear what the limitation requires. The metes and bounds of “fixedly attached” are not established to define what the claim requires or does not require. Under the plain meaning and in light of applicant’s specification, “fixedly attached” can mean an object is permanent, non-detachable connection that cannot be separated without damaging or destroying the items involved, such as a welded or glued attachment. The term can mean that the attachment is precluded from any relative movement. However, a broader interpretation of the term can mean that the attachment is a secure connection that prevents movement under a specific context, such as during normal operation. Under this interpretation, the attachment is fixed because it is stable and stationary while in use, but it remains reversibly or detachably connected, such as a bolted, clamped, clipped or nailed attachment. Since the metes and bounds are not clearly established in applicant’s disclosure, the limitation was treated as being indefinite and was treated under the broadest reasonable interpretation.
The remainder of claims in this section are rejected by virtue of dependency upon a rejected base claim.
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) 1-8 and 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP3584382.
Claim 1. EP3584382 discloses an absorber tile element (102) comprising compressed fiber material (paragraphs 0036,0053) and having a first major surface, an opposing second major surface, and at least one side edge surface (as seen in the figures and noted in the disclosure) extending between the first major surface and the second major surface, an anchor element (any of 106a-f) associated with one of the first major surface and the second major surface or one of the at least one side edge surfaces (as noted in the figures and disclosure) of the absorber tile element,
wherein the anchor element comprises a head portion (110a-b, 110e-f) and a threaded portion (112a-b, 112c-f) that are integrally formed (“the head portion 110a and the threaded portion 112a are integrally formed”; specification),
the threaded portion (112a-b, 112e-f) being threaded into the absorber tile element from the surface associated with the anchor element such that the head portion becomes recessed in the absorber tile element (as seen in the figures and noted in the disclosure), characterized in that,
the anchor element comprises a wire lock (124a-b,124e-f) arranged in the anchor element such that the wire lock becomes recessed in the absorber tile element (where at least at portion of the wire lock is recessed in the absorber tile element, similar to applicants claimed invention) together with the head portion, the wire lock having an access port (the top part of 124 where wire 104 enters the wire lock from above as seen in the figures) accessible from a top side of the head portion (as seen in the figures), the head portion including a wire lock holding member (any of 118 and/or any of 114) supporting the wire lock (under the broadest reasonable interpretation, element 118 and/or 114 nonetheless restricts movement of the wire lock in at least one directional axis, and under the basic properties of structural mechanics, preventing a component from moving is a form of structural support, as exceedingly broadly claimed), the wire lock being fixedly attached to the wire lock holding member (see 112b rejection above; under the broadest reasonable interpretation, the wire lock is fixedly attached to the wire lock holding member, since the items are connected in a manner that prevents movement under a specific context, such as during normal operation, as exceedingly broadly claimed).
Claim 2. The absorber tile element according to claim 1 wherein the wire lock defines an internal wire lock channel (the internal channel as seen in figures 2b and 4 that the wire extends through) terminating in the access port at a first end and in an outlet port (at the bottom as seen in figures 2b,4) at a second end, and wherein the anchor element defines an internal anchor element channel (122a,e,f), the anchor element channel adjoining the outlet port (as seen in figures 2b,4), and being configured to guide a suspension wire (104a-b, 104x, 204a) through the anchor element, which suspension wire has been passed through the wire lock and introduced into the anchor element channel (as seen in figures 2b,4).
Claim 3. The absorber tile element according to claim 2, wherein the anchor element channel is configured to guide the suspension wire through the anchor element such that the suspension wire is deflected in a direction towards the top side (116a-b, 116e-f) of the head portion (where the wire is capable of bending toward the top side, where it is possible to bend the wire 104 in cavity 114e,f and make it exit the cavity through the opening 118e,f).
Claim 4.The absorber tile element according to claim 3, wherein the anchor element channel is configured to deflect the suspension wire with a bending radius in a range of 3 mm to 40 mm (where it is capable of the claimed intended use).
Claim 5. The absorber tile element according to claim 2, wherein the anchor element channel is configured to guide the suspension wire through the anchor element such that the suspension wire is guided in a direction towards a bottom side of the threaded portion (as seen in figure 4).
Claim 6. The absorber tile element according to claim 5, wherein the anchor element channel extends along a central axis of the anchor element (1as seen in the figures and noted in the disclosure).
Claim 7. The absorber tile element according to claim 1, wherein the head portion and the threaded portion partially overlap in a direction along a central axis of the anchor element (as seen in the figures).
Claim 8. The absorber tile element according to claim 1, wherein the head portion is provided at least one mounting tool recess (114a-f) accessible by a mounting tool from a top side of the head portion (as seen in the figures).
Claim 10. The absorber tile element according to claim 1, wherein the wire lock is housed within the anchor element (wherein the lower portion of 124 is within the anchor element as seen in the figures of the various embodiments).
Claim 11. The absorber tile element according to claim 1, wherein the wire lock comprises a biased release member (124a with 126a) protruding beyond a top surface (as seen in the figures where at least a portion of 126a protrudes beyond) of the head portion and being provided with the access port (where the access portion is at the top of 124a).
Claim 12. The absorber tile element according to claim 1,wherein the compressed fiber material comprising fiber selected from the group consisting of mineral fiber, wood fiber, textile fiber, polymer fiber and metal fiber (as noted at least at paragraph 0053).
Claim 13. The absorber tile element according to claim 1, wherein the anchor element has a length in a range of 10 mm to 150 mm along a central axis thereof (paragraphs 0040, 0067), wherein the anchor element has a length in a range of 10 mm to 100 mm (paragraphs 0040, 0070 and 0063) in a direction transverse to the central axis, and wherein the threaded portion of the anchor element comprises threads having a pitch in a range of 4 mm to 10 mm (as seen in the figures and noted at least at paragraph 0063).
Claim 14. A tile system comprising: an absorber tile element according to claim 1, and a suspension wire (104a-104f, 104x, 204a) releasably coupled to the wire lock for suspension of the absorber tile element (as seen in the figures of the various embodiments).
Claim 15. The tile system according to claim 14, wherein the suspension wire has a diameter in a range of 0.5 mm to 3 mm, (paragraph 0065).
Response to Arguments
Applicant's arguments filed 5/7/2026 have been fully considered but they are not persuasive.
Rejection of claim(s) 1-8 and 10-15 under 35 U.S.C. 102(a)(1) as being anticipated by EP3584382.
Re claim 1, applicant has amended the claims. The rejections in this instant Office action have been modified from the previous Office action to address the claim amendments. Applicant’s arguments are respectfully drawn to the claims as amended.
The remaining claims stand or fall with claim 1 as above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 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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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635
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