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 .
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) 1-8,10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US4744189) in view of Caimi (US20150008070).
With respect to claim 1 Wilson discloses a sound absorbing panel (10) comprising a padding layer (12) with a first face (14), a second face (15) and an edge (16), a fabric (17) and fastening members (staples see column 4 lines 5-10) for fixing the fabric to the padding layer,
Wherein the fabric is arranged so as to adhere substantially to the first face and to the edge of the padding layer and to from fabric flaps (18) along the second face, and
Wherein the fastening members are removable fastening members and are configured to fix at least one of the fabric flaps to the padding layer along the second face.
Wilson discloses the padding as being of fiber but not expressly
Wherein the padding layer comprises a layer of heat bonded synthetic fibers, wherein the density of the fibers in proximity of the first face and in the proximity of the second face is greater than the density of the fibers in the central area of the padding layer, and wherein the fastening members comprises at least one screw.
Caimi discloses Wherein the padding layer comprises a layer of heat bonded synthetic fibers, wherein the density of the fibers in proximity of the first face and in the proximity of the second face is greater than the density of the fibers in the central area of the padding layer (see abstract and figure 4).
It would have been an obvious matter to one of ordinary skill in the art to combine the teachings of Caimi to provide heat bonded fibers for sound reduction with a density profile as claimed with the device of Wilson.
The motivation for doing so would be to provide a strong bond between the fibers without additional adhesives and to provide a plurality of sound absorbing parameters within the unified structure thus providing a broader band absorber without need for additional structures.
With respect to the use of a screw as the fastening, it would have been an obvious matter to one of ordinary skill in the art to sue a screw in place of the staples so as to allow for the removal of the fabric layer to be changed for repair, replacement or an aesthetic change. This would constitute only the use of one known mechanical fastener for another which would be within the skill of one in the art.
With respect to claim 2 Wilson as modified (see figure 4 of Wilson) further discloses wherein the edge is a sharp edge cut.
With respect to claim 3 Wilson as modified further discloses wherein the fastening members do not comprise glue or adhesive (staples are taught by Wilson).
With respect to claim 4 Wilson as modified (se again Wilson) further discloses wherein the fastening members are discrete fastening members (again staples are taught).
With respect to claim 5 Wilson as modified further discloses wherein the fastening members comprise one or more of the following : nails, metal staples, non-metal staples (as staples are taught hey must either be metal or non metal), snap fasteners, buttons and eyelets or rubber bands.
With respect to claim 6 Wilson as modified further discloses wherein at least one fabric flap is fixed with at least one first screw (see above modification of Wilson) in the proximity of a first end thereof and a second screw in the proxim9ity of its second end (as would be understood by one of ordinary skill the attachment at the respective ends with the fasteners is conventional see again rationale for use of screw as taught in above rejection of claim 1).
With respect to claim 7 Wilson discloses the use of staples for the attachment, the use of multiple types of fasteners would have been an obvious matter to one of ordinary skill in the art so as to provide for their respective benefits, the use of screws for additional strength while providing a rapid attachment with in expensive staples would provide for benefits of both.
With respect to claim 8 Wilson further discloses wherein the fabric is shaped as an open box and comprises a bottom, edges and flaps (see Wilson figure 4).
With respect to claim 10 Wilson as modified discloses a method of modifying the shape or size of a sound absorbing panel comprising:
Providing a sound absorbing panel according to claim 1, wherein the sound absorbing panel comprises a first shape and a first size;
Removing one or more of the fastening members temporarily uncovering a part of the edge of the padding layer (the fabric being taught by Wilson as modified to be held in place with screws this would have been a routine matter to one of ordinary skill);
Cutting a portion of the padding layer (see Wilson column 4 panels may be cut to any desired size);
Covering again the uncovered part of the edge with the fabric (the device is intended to give a uniform look to a surface as such one would recognize the reinstallation after cutting);
And fixing again the fabric by means of one or more fastening members thus obtaining a second shape and or size.
It is considered that one of ordinary skill in the art would have found such cutting and shaping to have been obvious as it is known in the construction industry that there are variances to be accounted for in walls.
With respect to claim11 Wilson as modified discloses the use of screws, the reuse of a screw would have been well understood an conventional as such threaded fasteners are known to be reused.
With respect to claim 12 Wilson as modified does not expressly disclose the use of a cutter knife or other straight blade cutting implement, however one of ordinary skill in the art would have found the use of such a cutting member to have been obvious, it is known in the construction industry to cut fibrous panels including that of fiberglass insulation in such a manner. This would have been within the skill of one in the art to select any needed cutting instrument to allow shaping to fit a given space.
With respect to claim 13 as it regards the step of removing excess fabric this would have been obvious so as to allow for a proper fit of the fabric to the inner fiber. The fabric had been cut to fit the panel in its full size, the recutting of the fabric to fit the now smaller section of panel would have been obvious. This type of tailoring of a fabric is conventional.
With respect to claim 14 Wilson as modified discloses the method steps (se above rejection of claim 1) as they are conventional manners of implementing the formation of the product of claim 1, such steps as providing, cutting and coupling elements which are taught to be present, sized and attached to one another is conventional.
With respect to claim 15 Wilson discloses the use of staples, and Wilson as modified discloses the use of screws, the use of such fasteners would have been well understood in the art and obvious.
2. Claim 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US4744189) in view of Caimi (US20150008070) as applied to claim 1 and in further view of Stary (US20210054991) and McGinn (WO8906479).
With respect to claim 9 Wilson as modified discloses the invention as claimed except for the provision of polymeric elastic threads interwoven into the fabric.
Stary (para 118) discloses the use of elastic polymeric members of a cover member in a modular sound panel structure.
McGinn discloses the use of elastic fibers which are incorporated as part of a fabric.
It would have been an obvious matter to one of ordinary skill in the art to provide elastic polymeric members for the purpose of tensioning the fabric cover over the sound insulation as taught by Stary with the sound insulation of the panel of Wilson as modified to ensure a proper fit and look of the fabric. Further it would have been obvious to provide the elasticity in the form of threads which are part of the fabric as taught by McGinn so as to simplify the construction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rockwell (US11207863) discloses an acoustic isolator of fibrous body; Chang (US11186065) discloses a surface covering system and method for covering a surface; Lemaire (US11052580) discloses a method for producing a soundproofing element; Geer (US10883266) discloses an acoustic panel; Wood (US10132086) discloses a building covering; Koike (US20110266088) discloses a soundproof panel and soundproof structure; Foley (US6132666) discloses a methos for making formed fabric treatments; Payne (US5174086) discloses a method of making a fabric file construction; Capaul (US4428454) discloses an acoustic panel construction; and Segawa (US4242398) discloses a fibrous shaped article.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FORREST M PHILLIPS whose telephone number is (571)272-9020. The examiner can normally be reached Monday-Friday from 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FORREST M PHILLIPS/Primary Examiner, Art Unit 2837