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.
Claim 5 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 5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type 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) 1-7, and 9-16 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Tae (KR 101032109B1).
Regarding claim 1,
Tae teaches (Currently Amended) A piece of furniture or a textile element comprising a layer of a sound-absorbing material (Tae: FIG. 1 [0043] sound absorption) and a layer of an electromagnetic interference (Tae: FIG. 1 [0007] block electromagnetic waves), EMIR shielding material for shielding against magnetic and electromagnetic fields (Tae: FIG. 1 [0020] block electromagnetic waves).
Regarding claim 2,
Tae teaches (Currently Amended) The piece of furniture according to claim 1, comprising a substantially rigid structure (Tae: FIG. 1 [0007] bottom surface layer 400) and a padding layer (Tae: FIG. 1 [0024] memory foam 100).
Regarding claim 3,
Tae teaches (Currently Amended) The piece of furniture according to claim 2, wherein the layer of sound-absorbing material comprises an outermost layer (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption).
Regarding claim 4,
Tae teaches (Currently Amended) The piece of furniture according to claim 3, wherein the layer of sound-absorbing material comprises a fabric or a padding layer (Tae: FIG. 1 [0032] outer fabric (200) located on the upper surface of the above memory foam (100)).
Regarding claim 5,
Tae teaches (Currently Amended) The piece of furniture according claim 2, wherein the layer of an EMI shielding material for shielding against magnetic (Tae: FIG. 1 [0007] block electromagnetic waves) and electromagnetic fields is in direct contact with the layer of sound-absorbing material (Tae: FIG. 1 [0043] sound absorption) or with an interposed layer, or is arranged between the interposed layer and a padding layer (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption), or is arranged between the layer of sound-absorbing material and the padding layer (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption), or inside the structure, or between the padding layer and the structure (Tae: FIG. 1 [0034] outer fabrics (400) for the bottom surface located on the lower surface of the above cotton plate (300)).
Regarding claim 6,
Tae teaches (Currently Amended) The piece of furniture or the textile element according to claim 1, wherein the layer of EMI shielding material comprises a fabric at least partially covered with an electrically conductive material (Tae: FIG. 1 [0020] material that blocks electromagnetic waves such as nickel, aluminum or copper…conductive thread).
Regarding claim 7,
Tae teaches (Currently Amended) The piece of furniture or the textile element according to claim 6, wherein the electrically conductive fabric comprises a layer of natural or artificial fibers and is at least partially covered with a metal (Tae: FIG. 1 [0020] material that blocks electromagnetic waves such as nickel, aluminum or copper…conductive thread).
Regarding claim 10,
Tae teaches (Currently Amended) The piece of furniture according to claim 2, wherein the padding layer is sound-absorbing (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption).
Regarding claim 11,
Tae teaches (Currently Amended) The piece of furniture or the textile element according claim 8, wherein the layer of sound-absorbing material comprises a fabric, preferably an artificial fabric (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption).
Regarding claim 12,
Tae teaches (Currently Amended) The textile element according to claim 1, wherein the textile element comprises a curtain (Tae: FIG. 1 [0015] first air mesh layer 23), comprising a first layer of sound-absorbing fabric (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption), and a second layer of EMI shielding material (Tae: FIG. 1 [0020] material that blocks electromagnetic waves such as nickel, aluminum or copper…conductive thread), wherein the first layer and the second layer are configured to be at least partially in contact with each other (Tae: FIG. 1 [0042-0043] memory foam (100) has strong sound absorption).
Regarding claim 13,
Tae teaches (Currently Amended) The textile element according to claim 12, wherein a distance, or an air gap (Tae: FIG. 1 [0015] first air mesh layer 23), is provided between the first layer and the second layer in order to increase the sound-absorbing performance (Tae: FIG. 1 [0015] first air mesh layer 23).
Regarding claim 14,
Tae teaches (Currently Amended) The textile element according to claim 12, also comprising a third layer for shielding the second layer (Tae: FIG. 1 [0020] material that blocks electromagnetic waves such as nickel, aluminum or copper…conductive thread).
Regarding claim 15,
Tae teaches (Currently Amended) The textile element according to claim 14, wherein the third layer comprises a sound-absorbing fabric and/or wherein a distance, or an air gap (Tae: FIG. 1 [0026] second air mesh layer 14 on lower portion), is provided between the second layer and the third layer (Tae: FIG. 1 [0026] second air mesh layer 14 on lower portion), in order to increase the sound-absorbing performance (Tae: FIG. 1 [0026] second air mesh layer 14 on lower portion).
Regarding claim 16,
Tae teaches (Currently Amended) The textile element according to any one of claim 12, wherein the electrically conductive fabric comprises a layer of natural or artificial fibres and is at least covered with a metal (Tae: FIG. 1 [0020] material that blocks electromagnetic waves such as nickel, aluminum or copper…conductive thread).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tae (KR101032109B1) in view of Zickmantel (US8631899B2) in further view of Song (CN102877564A).
Regarding claim 8,
Tae teaches (Currently Amended) The piece of furniture or the textile element according to any one of the preceding claim 1.
Tae does not teach wherein the layer of sound-absorbing material comprises a fibrous material having the following properties: - specific resistance of between 527 and 1552 [Pa s/m].
Zickmantel teaches wherein the layer of sound-absorbing material comprises a fibrous material having the following properties: - specific resistance of between 527 and 1552 [Pa s/m] (Zickmantel: FIG. 1 [Col. 1 9-11] porous so-called λ / 4 - absorber according to 800 <= <2400 Pa * s / m);
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tae in view of Zickmantel directed to including a sound absorbing foamed porous material of a specific porosity and specific flow resistance. A person having ordinary skill in the art would have been motivated to make this modification in order to fully absorb sound passing through a porous material for dampening rooms (Zickmantel: [Col. 1 7-11]).
Tae and Zickmantel do not teach and- mass porosity of between 66% and 79%.
Song teaches and- mass porosity of between 66% and 79% (Song: FIG. 1 [0014] foamed aluminum is 50 %-90 % porosity of foamed aluminum).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tae in view of Song directed to including a sound absorbing foamed material of a specific porosity and specific flow resistance. A person having ordinary skill in the art would have been motivated to make this modification in order to fully absorb sound passing through a material (Song: [0014]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tae (KR101032109B1) in view of Song (CN102877564A).
Regarding claim 9,
Tae teaches (Currently Amended) The piece of furniture or the textile element according to claim 8, wherein the layer of sound-absorbing material has a specific resistance of between 723 and 1213 [Pa s/m] (Song: FIG. 1 [0014] specific flow resistance is 400Pa * s/m-1200Pa s/m) and mass porosity of between 74% and 77% (Song: FIG. 1 [0014] foamed aluminum is 50 %-90 % porosity of foamed aluminum).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Tae in view of Song directed to including a sound absorbing foamed material of a specific porosity and specific flow resistance. A person having ordinary skill in the art would have been motivated to make this modification in order to fully absorb sound passing through a material (Song: [0014]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673