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 § 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 1-16 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 is directed to a shielded ceiling tile and recites “an electrically-conductive layer attached to…the support backing, the electrically-conductive layer in contact, and electrical communication, with a grid member that is electrically grounded and supports the shielded ceiling tile…”. This limitation is indefinite. It is not clear whether the recited “grid member” is part of the claimed shielded ceiling tile. The claim literally describes how the shielded ceiling tile attaches to the grid member so one skilled in the art would not expect the grid member to be part of the shielded ceiling tile. However, the structural features of the shielded ceiling tile are described by how they attach to a grid member (and not, for example, their ability to attach to a grid member), which would require it to be an integral part of the claimed invention. If so, the claimed invention would more accurately be directed to an assembled or partially assembled ceiling, not a ceiling tile. For purposes of examination, the latter is presumed. Dependent claims not addressed are indefinite by virtue of dependence from an indefinite claim.
Claim 9 recites: “A method of manufacturing a shielded ceiling tile comprising:…positioning the electrically-conductive layer in contact with a grid member that is electrically grounded such that the grid member supports the shielded ceiling tile”. While the claim is directed to a method of manufacturing a shielded ceiling tile, the last step in the method is clearly not related to the manufacturing of a shielded ceiling tile but instead is concerned with how to position an already completed shielded ceiling tile with respect to a grid member. It is thus unclear what is actually being claimed, a method of manufacturing a shielded ceiling tile or a method of manufacturing a shielded ceiling. For purposes of examination, the latter is presumed. Dependent claims not addressed are indefinite by virtue of dependence from an indefinite 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Surace et al. (US 2007/0107350).
Regarding claim 1, Surace discloses a building material that shields against undesired radio frequency signals (¶ 2) and a ceiling comprising these materials (¶ 7). The building material includes a center material 110-1 which is electrically conductive (¶ 27, see Fig. 3). This corresponds to the claimed “support backing”. A panel 100-1 adjoins the center material (¶ 27, see Fig. 3) and is made of a building material such as gypsum (¶ 8), which can be considered a synthetic material and corresponds to the claimed “interior portion”. A conductive tape 122-1 attaches to the center material (¶ 36, see Fig. 3) and corresponds to the claimed “electrically-conductive layer”. The conductive tape is in electrical communication and thus in electrical contact with the center material and with a metal stud 304, which corresponds to the claimed “grid member”. In one embodiment the conductive tape is positioned so as to contact the stud directly (see Fig. 2). The studs are grounded (¶ 8) and form the structural support for the building material (¶ 8). As can be seen in Fig. 3, the conductive tape 122-1 is positioned between the center material 100-1 and the stud 304.
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Regarding claim 2, the panel 100-1 is attached to the planar surface of the center material (see Fig. 3). Thus, it is considered attached to a support surface.
Regarding claim 3, the conductive tape 122-1 is attached to the planar surface of the center material (see Fig. 3). Thus, it is considered attached to a support surface.
Regarding claim 4, Surace teaches the conductive tape is applied around the edges of the panel (¶ 29) and therefore extends around the outer perimeter of the center material and does not cover an inner region of the center material.
Regarding claim 5, the panel 100-1 is positioned at an inner region of the center material and since the conductive tape also encompasses the panel 100-1 (see Fig. 3), it is considered to surround the panel 100-1.
Regarding claim 6, Surace teaches the center material has a thickness of a foil up to half an inch thick (¶ 27) with an exemplary thickness of 0.011 inch (¶ 48), whereas the conductive tape is 3M-1345, which has a thickness of 0.035-0.04 mm (as evidenced by 3M, p. 1), equivalent to about 0.0015 inch.
Regarding claim 7, Surace teaches the conductive tape comprises copper (¶ 28).
Regarding claim 8, Surace teaches the center material may be aluminum (¶ 27).
Regarding claim 9, Surace discloses a building material that shields against undesired radio frequency signals (¶ 2), and a ceiling comprising these materials (¶ 7). The building material includes a center material 110-1 which is electrically conductive (¶ 27, see Fig. 3). This corresponds to the claimed “support backing”. A panel 100-1 adjoins the center material (¶ 27, see Fig. 3) and is made of a building material such as gypsum (¶ 8), which can be considered a synthetic material and corresponds to the claimed “interior portion”. This panel is attached to the center material by adhesive (¶ 27). A conductive tape 122-1 attaches to the center material (¶ 36, see Fig. 3) and corresponds to the claimed “electrically-conductive layer”. The conductive tape is in electrical communication and thus in electrical contact with the center material and to a metal stud 304, which corresponds to the claimed “grid member”. In one embodiment the conductive tape is positioned so as to contact the stud directly (see Fig. 2). The studs are grounded (¶ 8) and form the structural support for the building material (¶ 8). As can be seen in Fig. 3, the conductive tape 122-1 is positioned between the center material 100-1 and the stud 304.
Regarding claim 10, the panel 100-1 is attached to the planar surface of the center material (see Fig. 3). Thus, it is considered attached to a support surface.
Regarding claim 11, the conductive tape 122-1 is attached to the planar surface of the center material (see Fig. 3). Thus, it is considered attached to a support surface.
Regarding claim 12, Surace teaches the conductive tape is applied around the edges of the panel (¶ 29) and therefore extends around the outer perimeter of the center material and does not cover an inner region of the center material.
Regarding claim 13, the panel 100-1 is positioned at an inner region of the center material and since the conductive tape also encompasses the panel 100-1 (see Fig. 3), it is considered to surround the panel 100-1.
Regarding claim 14, Surace teaches the center material has a thickness of a foil up to half an inch thick (¶ 27) with an exemplary thickness of 0.011 inch (4¶ 8), whereas the conductive tape is 3M-1345, which has a thickness of 0.035-0.04 mm (as evidenced by 3M, p. 1), equivalent to about 0.0015 inch.
Regarding claim 15, Surace teaches the conductive tape comprises copper (¶ 28).
Regarding claim 16, Surace teaches the center material may be aluminum (¶ 27).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Howe (US 12,389,578) discloses a similar shielded building material but does not appear to teach or suggest a grounded grid member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIAOBEI WANG whose telephone number is (571)270-5705. The examiner can normally be reached M-F 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Humera Sheikh can be reached at 571-272-0604. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XIAOBEI WANG/Primary Examiner, Art Unit 1784
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