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 § 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 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Design Patent No. D950,776 to Shaffer et al. (“Shaffer”). See annotated Figure below.
Regarding claim 1, Shaffer discloses an elongated ceiling grid member having a longitudinal axis in a longitudinal direction and comprising: an upper portion 1 having spaced upper portion side walls 10 (a) extending in parallel in the longitudinal direction, (b) threaded at 11 to threadably receive and retain a first threaded member and (c) including lowermost edges 12 (edge is where threads 11 end) extending in the longitudinal direction; a lower portion 3 having spaced lower portion side walls 30 (a) extending in parallel in the longitudinal direction, (b) threaded at 31 to threadably receive and retain a second threaded member and (c) including uppermost edges 32 (edge is where threads 31 end) extending in the longitudinal direction; and a middle portion 2 that (a) connects the lowermost edges 12 of the upper portion side walls 10 and the uppermost edges 32 of the lower portion side walls 30 and (b) includes a pair of middle portion side walls 20 extending in the longitudinal direction, wherein each of the pair of middle portion side walls, from top to bottom when viewed along the longitudinal axis, (a) begins at or near a different one of the lowermost edges 12 of the upper portion side walls, (b) curves toward another of the pair of middle portion side walls to join the another of the pair of middle portion side walls and (c) curves away from the another of the pair of middle portion side walls from joinder 21 with the another of the pair of middle portion side walls to end at or near one of the uppermost edges 32 of the lower portion side walls.
Regarding claim 3, Shaffer discloses that each of the upper portion side walls 10 and the lower portion side walls 30 includes internal threads 11, 31.
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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer in view of GB573581 to Sydney et al. (“Sydney”).
Regarding claim 4, Shaffer discloses a finger 13 on each upper portion side wall 10 configured to engage a ceiling tile hold down clip, but does not disclose that the finger is in each of the pair of middle portion side walls.
Sydney discloses a ceiling grid member comprising a finger (Sydney 14) along middle side wall portions (see Sydney Fig. 12).
It would have been obvious to place the finger on each middle side wall portions as taught in Sydney because the rearrangement of parts is generally recognized as being within the level of ordinary skill in the art and such placement would not alter the performance of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 5, Shaffer in view of Sydney discloses that the finger 13 extends outwardly from the pair of middle portion side walls.
Regarding claim 6, Shaffer in view of Sydney discloses an elongated ceiling grid member comprising: the elongated ceiling grid member according to claim 4 and including lowermost flanges 33 extending in the longitudinal direction from and perpendicular to the pair of lower portion side walls 30 and configured to support a ceiling tile; but does not disclose a ceiling tile hold down clip in engagement with the finger and configured to engage the ceiling tile supported by the lowermost flanges.
Sydney in Fig. 12 discloses a ceiling grid member and ceiling tile hold down clip wherein the a ceiling tile hold down clip (Sydney 1, 2) in engagement with a finger (Sydney 14) and configured to engage a ceiling tile (Sydney 16) supported by lowermost flanges (Sydney 11).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the ceiling grid member and ceiling tile hold down clip assembly of Shaffer to have a ceiling tile hold down clip in engagement with the finger and configured to engage the ceiling tile supported by the lowermost flanges as taught in Sydney with a reasonable expectation of success because it would prevent displace of a ceiling tile after assembly.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shaffer in view of U.S. Patent No. 5,313,759 to Chase III (“Chase”). See annotated Figure for Chase below.
Regarding claim 10, Shaffer does not disclose an elongated ceiling grid member and connector assembly comprising: at least two of the elongated ceiling grid member according to claim 1; and a connector (a) bridging two of the at least two elongated ceiling grid member, (b) having a connector top wall with at least two orifices configured to receive the first threaded member, (c) having connector side walls extending downward from the connector top wall toward the upper portion side walls, and (d) having tabs (i) extending from the connector side walls on both sides of the upper portion side walls and (ii) configured to engage and retain the upper portion side walls.
Chase discloses an elongated ceiling grid member and connector assembly comprising: at least two of the elongated ceiling grid member (Chase 14b) and a connector (Chase20) bridging two of the at least two elongated ceiling grid member (Chase 14b), having a connector top wall (Chase 101) with at least two orifices (Chase 66) configured to receive the first threaded member, having connector side walls (Chase 102) extending downward from the connector top wall toward the upper portion side walls, and having tabs (Chase 103) extending from the connector side walls (Chase 102) on both sides of the upper portion side walls and (ii) configured to engage and retain the upper portion side walls in order to connect adjacent elongated ceiling grid members.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the assembly of Shaffer to have at least two of the elongated ceiling grid member according to claim 1; and a connector (a) bridging two of the at least two elongated ceiling grid member, (b) having a connector top wall with at least two orifices configured to receive the first threaded member, (c) having connector side walls extending downward from the connector top wall toward the upper portion side walls, and (d) having tabs (i) extending from the connector side walls on both sides of the upper portion side walls and (ii) configured to engage and retain the upper portion side walls as taught in Chase with a reasonable expectation of success because it would provide a secure means to fasten segments of a ceiling grid member to complete an entire ceiling assembly for a given space.
Regarding claim 11, Shaffer in view of Chase discloses that the connector top wall (Chase 101) includes a central orifice (Chase 66 adapted to receive 28) configured to receive and retain a support from a ceiling.
Regarding claim 12, Shaffer in view of Chase discloses that the at least two of the elongated ceiling member (aligned as taught by Chase’s members 14b) are aligned in a straight line; and the at least two orifices (Chase 66) are aligned in the straight line.
Regarding claim 13, Shaffer in view of Chase does not disclose that the at least two of the elongated ceiling member includes a first pair and a third one of the at least two of the elongated ceiling member; the first pair is aligned in a first direction; the third one is aligned in a second direction; the second direction is perpendicular to the first direction; the connector top wall covers the first pair and the third one; and the at least two orifices include an orifice above each of the first pair and the third one of the elongated ceiling member.
Chase further discloses that the at least two of the elongated ceiling member includes a first pair (Chase 14b, 14b) and a third one (Chase 14a) of the at least two of the elongated ceiling member; the first pair is aligned in a first direction; the third one is aligned in a second direction; the second direction is perpendicular to the first direction; the connector top wall (Chase 101) covers the first pair and the third one; and the at least two orifices include an orifice above each of the first pair and the third one of the elongated ceiling member.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the the assembly of Shaffer to have the at least two of the elongated ceiling member includes a first pair and a third one of the at least two of the elongated ceiling member; the first pair is aligned in a first direction; the third one is aligned in a second direction; the second direction is perpendicular to the first direction; the connector top wall covers the first pair and the third one; and the at least two orifices include an orifice above each of the first pair and the third one of the elongated ceiling member as taught in Chase with a reasonable expectation of success because it would provide a secure means to fasten segments of a ceiling grid member to complete an entire ceiling assembly for a given space.
Allowable Subject Matter
Claims 2 and 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art, alone or in obvious combination absent hindsight, discloses applicant’s invention of an elongated ceiling grid member comprising inter alia the structure set forth in claims 2 and 7.
With respect to claim 2, the closest prior art to Shaffer does not disclose that the upper portion includes a bottom wall that extends between and connects the upper portion side walls at or near the lowermost edges; the lower portion includes a top wall that extends between and connects the lower portion side walls at or near the uppermost edges; and the middle portion side walls begin at the bottom wall and end at the top wall. There is no motivation to modify Shaffer otherwise because what is interpreted as Shaffer’s middle portion side walls form a bottom wall for the upper portion where the middle wall converges instead of beginning from the bottom wall.
With respect to claim 7, neither Shaffer nor Sydney discloses that the ceiling tile hold down clip includes: a ceiling tile hold down clip with side walls that abutting exterior surfaces of the upper portion side walls; and a ceiling tile hold down clip finger that extends inwardly from the outwardly extending walls and engages the finger of the middle portion. The side walls of the clip taught by Sydney are spaced from and thus do not abut exterior surfaces of the ceiling grid member’s upper portion side walls. Moreover, a finger (Sydney 5) that extends inwardly, does not extend from outwardly extending side walls (Sydney 4).
Annotated Figure 8 to Shaffer and Figure 2 to Chase
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633