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 .
Response to Amendment
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 23 December, 2025 has been entered.
Disposition of Claims
Claims 1-17 are pending.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites, “c. an air outlet box (4) arranged on the ceiling panel upper side (31) with a” in line 7, which includes a typographical error. The ceiling panel upper side is understood throughout the specification, claims, and drawings to be directed to reference character “21”. As such, the claim should be amended to - - c. an air outlet box (4) arranged on the ceiling panel upper side ([[31]] 21) with a - -.
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.
Claim 5 and 7 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.
Regarding claim 5, the phrase "in particular sound and/or heat insulations" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examination purposes, it is being interpreted that the recitation is not required by the claim, and the claim is merely directed to insulations “arranged on the ceiling panel upper side (21), between the pipes (31, 32, 33, 34) of the pipe system (3) only on the part of the ceiling panel upper side (21) being uncovered by the air outlet box (4)”.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “1L to 50L, and the claim also recites “5L to 30L” and “10L to 20L” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For examination purposes, it is being interpreted the claim is directed to a volume, in general.
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, 5, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by QUAST (DE 102013102423 A1 – published 11 September, 2014; provided on the IDS filed on 16 January, 2024; see provided English machine translation).
As to claim 1, QUAST discloses a ceiling element (1; par. 1 and 20) for a cooling and/or heating ceiling (par. 1, 2 and 20), comprising:
a ceiling panel (2) with a ceiling panel upper side (upper side of the panel, 2; figure 1-3);
a pipe system arranged on the ceiling panel upper side with pipes (10; par. 25) extending in the longitudinal direction (length direction shown in figure 1) of the ceiling panel for transporting a heat-carrying fluid (par. 25);
an air outlet box (7) arranged on the ceiling panel upper side with a supply air inlet (16, 17) and a plurality of air outlets (19; par. 25) open to the surroundings (par. 25), wherein the pipes of the pipe system extend through the air outlet box (figure 3, in view of par. 25) and wherein the air outlets are arranged such that air exiting from the air outlets is freely emitted to the surroundings and no longer routed in closed ducts and thus the air freely runs on the ceiling panel upper side (par. 25).
As to claim 5, QUAST discloses wherein insulation (22) are arranged on the ceiling panel upper side between the pipes of the pipe system only on the part of the ceiling panel upper side being uncovered by the air outlet box (figure 3).
As to claim 12, QUAST discloses wherein a ceiling panel lower side arranged opposite the ceiling panel upper side, is closed, free of air outlets (par. 25, wherein the air must exit through the open ends, 19, and does not pass through openings along the ceiling panel lower side).
Claim(s) 1-4, 6-8, 10-11, and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by THERMOSOFT KLIMATECHNIK GMBH (DE 202004020334 U1 – published 31 March, 2005; see provided English machine translation).
As to claim 1, THERMOSOFT KLIMATECHNIK GMBH discloses a ceiling element (10) for a cooling and/or heating ceiling (par. 28), comprising:
a ceiling panel (11) with a ceiling panel upper side (12);
a pipe system arranged on the ceiling panel upper side with pipes (20; par. 29; figures 1-2) extending in the longitudinal direction (X) of the ceiling panel for transporting a heat-carrying fluid (par. 29);
an air outlet box (combination of 22, 30, and 36) arranged on the ceiling panel upper side with a supply air inlet (opening into the air outlet box provided at the location of 37) and a plurality of air outlets (exit at location of open ends of duct, 30) open to the surroundings (figure 1; par. 30-32), wherein the pipes of the pipe system extend through the air outlet box (figures 1-2) and wherein the air outlets are arranged such that air exiting from the air outlets is freely emitted to the surroundings and no longer routed in closed ducts and thus the air freely runs on the ceiling panel upper side (figure 1; par. 30-32).
As to claim 2, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlets are arranged such that air exiting from the air outlets runs along the pipes (figures1; par. 30-32) extending in the longitudinal direction (X).
As to claim 3, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlets are arranged such that the majority of the air exiting the air outlets is ejected from the ceiling element longitudinally (figures 1 and 4; par. 31-32, in view of the effect of the baffle to control the fluid flow along the longitudinal direction; MPEP § 2114 - II).
As to claim 4, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlets of the air outlet box are each arranged around a pipe of the pipe system (figures 1-2).
As to claim 6, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the pipes of the pipe system are each fastened to the ceiling panel upper side by a heat conducting plate (24; MPEP § 2114 – II, wherein 24 is made of a material which is capable of heat conduction).
As to claim 7, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlet box defines an air chamber which has a volume (see interpretation under 35 U.S.C. 112(b) set forth herein; figures 1-2 wherein the defined air outlet box is provided with an interior air chamber that comprises a volume).
As to claim 8, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlet box extends in the transverse direction (Y) at least 905 of the extension of the ceiling panel upper side in the transverse direction, over the ceiling panel upper size (figure 2).
As to claim 10, THERMOSOFT KLIMATECHNIK GMBH discloses additionally comprising a supply air pipe (37) connected to the air supply inlet (figure 1-2)
As to claim 11, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlets of the air outlet box are each arranged in the longitudinal direction (X) of the ceiling panel (figures 1-2).
As to claim 13, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlets of the air outlet box are arranged on both sides in the longitudinal direction (X) of the ceiling panel in such a way that some air outlets are arranged on opposite sides of the air outlet box (figures 1 and 3).
As to claim 14, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlets are delimited by an end wall of the air outlet box(end of walls 22 and 30) and by the ceiling panel upper side(11) (figure 1).
As to claim 15, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlet box comprises a cover holder(36) and a cover (31) inserted in to the cover holder (figure 1), wherein the cover comprises one or more air outlets (figures 1-2; par. 30).
As to claim 16, THERMOSOFT KLIMATECHNIK GMBH discloses a use of a ceiling element according to claim 1 for heating or cooling a room (see rejection of claim 1), wherein air is fed into the air outlet box via the supply air inlet (figures 1-3; par. 30-32)and exchanges heat energy with a heat-carrying fluid located in the pipes(figures 1-3; par. 30-32) and subsequently runs from the air outlet box via the air outlets(figures 1-3; par. 30-32) and subsequently on the ceiling panel upper side (figures 1-3; par. 30-32).
As to claim 17, THERMOSOFT KLIMATECHNIK GMBH discloses a ceiling element (10) for a cooling and/or heating ceiling (par. 28), comprising:
a ceiling panel (11) with a ceiling panel upper side (12);
a pipe system arranged on the ceiling panel upper side with pipes (20; par. 29; figures 1-2) extending in the longitudinal direction (X) of the ceiling panel for transporting a heat-carrying fluid (par. 29);
an air outlet box (combination of 22, 30, and 36) arranged on the ceiling panel upper side with a supply air inlet (opening into the air outlet box provided at the location of 37) and a plurality of air outlets (exit at location of open ends of duct, 30) open to the surroundings (figure 1; par. 30-32), wherein the air outlets are arranged such that air exiting from the air outlets is freely emitted to the surroundings and no longer routed in closed ducts and thus the air freely runs on the ceiling panel upper side (figure 1; par. 30-32).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over THERMOSOFT KLIMATECHNIK GMBH (DE 202004020334 U1 – published 31 March, 2005; see provided English machine translation).
As to claim 9, THERMOSOFT KLIMATECHNIK GMBH discloses wherein the air outlet box, and the air outlets, is spaced apart from the longitudinal ends of the ceiling element (figure 1).
However, THERMOSOFT KLIMATECHNIK GMBH does not expressly disclose wherein the spacing is by at least 40 cm.
It would have been obvious to one having ordinary skill within the art, prior to the date the invention was effectively filed, to modify the device of THERMOSOFT KLIMATECHNIK GMBH to have the spacing be at least 40 cm, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). See MPEP § 2144.04 – IV(A). IN the instance case, the device of THERMOSOFT KLIMATECHNIK GMBH would not operate differently with the claimed spacing, and since the end of the air outlets is necessarily intended to be spaced from the longitudinal ends of the ceiling element (figures 1 and 3), such that it would function appropriately having the claimed spacing dimension. Further, it appears the Applicant places no criticality on the range claimed (see page 7 of the originally-filed specification).
Conclusion
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/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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