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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/2/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3-4, 6-7, 9 and 12 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 claims 3-4, 6, 9 and 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 9, the claim recites “wherein substantially all of the surface of the at least one magnet is in contact with the surface of the spacer element”. Applicant’s invention does not appear to teach this. “All of the surface” would encompass every surface of the magnet being in contact with the surface of the spacer element. There are 6 sides to a magnet meaning 6 distinct surfaces creating “all of the surface”. The spacer element is a single planar surface such that 6 surfaces on different planes could not all contact that planar surface. The examiner has interpreted this limitation to mean that a one of the magnet surface is fully in contact with the spacer element surface.
Regarding claim 14, it is unclear if “a first frame element” and “a second frame element” are referring to the previously introduced “a frame element” in parent claim 13 or different structures entirely.
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.
Claims 1-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Patterson, US 2018/0334804 in view of Andersen et al., US 2001/0047629 and Davies et al., GB 2,523,300.
Regarding claims 1, 8, 11, 16 and 20:
Patterson discloses an acoustic baffle and an acoustic baffle system and the method of installing the panels comprising:
a first acoustic panel (100) and a second acoustic panel (refer to Fig. 13A), each acoustic panel comprising two opposed major faces (102) and a plurality of minor faces (101) that extends between the two major faces;
a spacer element (frame member 101) fixed to a first minor face of the acoustic panel, wherein the spacer element comprises a magnetic material (105); and
at least one magnet fixed to a second minor face of the acoustic panel (also 105).
Patterson discloses wherein the acoustic panel is of sound-dampening material (para. 0053) but does not specify MMVF.
Andersen discloses an acoustic panel made of MMVF (para. 0017).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art (PHOSITA) to construct the panel of Patterson of MMVF as suggested by Andersen in order to attenuate sound.
Patterson discloses wherein magnets are used to attach ends of the panels and the panels are brought together but does not expressly disclose a magnet and a ferromagnetic material on the opposite end.
Davies discloses panels attached along minor ends wherein one minor face has magnets (11) and the opposite minor face has a ferromagnetic material (12, refer to Fig. 3).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to substitute a ferromagnetic material for one minor face of the panels of Patterson in order to ensure a good attachment. Further, Davies suggests wherein magnetic and ferromagnetic material may be interchangeable for forming a magnetic attraction (pg, 2, ll. 35-39).
The elements of the kit are present in the panel system.
Regarding claims 2-4:
Patterson discloses wherein the acoustic panel further comprises a third minor face (top of the panel 111) comprising a frame element (111) extending along a length of the third minor face wherein the frame element has one or more lights attached thereto (110).
Regarding claim 5:
Patterson discloses wherein the second minor face is opposite the first minor face and the third minor face extends between the first and second minor faces (refer to Fig. 1A).
Regarding claim 6:
Patterson discloses wherein the spacer element (101) extends across a majority of the first minor face of the acoustic panel (refer to Fig. 1A and 1B).
Regarding claim 7:
Patterson discloses wherein the at least one magnet (105) is positioned approximately centrally between the two major faces of the acoustic panel (refer to Fig. 1B).
Regarding claim 9:
Patterson discloses wherein substantially all of the surface of the magnet (105) is in contact with the spacer element (101).
Regarding claims 10 and 17:
Patterson discloses wherein the acoustic panels are suspended such that the two major faces of each panel extend downwardly (Fig. 2C).
Regarding claim 12:
Patterson discloses wherein each acoustic panel is suspended from the ceiling by one or more suspension cables (115) attached to an upper minor face (via 141) of each acoustic panel.
Regarding claim 13:
Patterson discloses wherein a frame element is attached to a lower minor face (118) of at least one of the first and second acoustic panels, the frame element extending along a portion of the lower minor face (101, para. 0004 – 0006, a structural frame that supports the elements of the baffle), wherein the frame element extends along at least a portion of the lower minor face.
Regarding claim 14:
Patterson discloses wherein a first frame element is attached to the first acoustic panel and a second frame element is attached to the second acoustic panel (each has a frame element).
Regarding claim 18:
Patterson discloses wherein the acoustic panels are suspended such that the minor face to which the spacer element is fixed is on a side of the first acoustic panel and the minor face to which the at least one magnet is fixed is on a side of the second acoustic panel.
Regarding claim 19:
Patterson discloses adjusting the position of at least one magnet relative to the spacer element such that an upper minor face of the first acoustic panel is aligned with an upper minor face of the second acoustic panel (refer to Fig. 13a, showing the alignment, such that the magnet is adjusted so as to be in a position to provide for this alignment).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Patterson, US 2018/0334804 in view of Andersen et al., US 2001/0047629 and Davies et al., GB 2,523,300 as applied to claim 11, further in view of Czech et al., US 2019/0088241.
Regarding claim 15:
Patterson discloses wherein at least one of the acoustic panels is suspended from a ceiling by a suspension element (115), wherein a support element (mounting bracket 141) extends through the acoustic panel between an upper minor face and a lower minor face of the acoustic panel, wherein an upper end of the support element (141) is attached to the suspension element (portion 107) and a lower end of the support element is attached to a frame element (101, para. 0046).
Patterson does not expressly disclose wherein the attachment is to a frame element on a lower minor face of the acoustic panel.
Czech discloses an acoustic baffle panel wherein it is suspended from a ceiling by a suspension element (50), wherein a support element (53) extends through the acoustic panel between an upper minor face and a lower minor face of the acoustic panel, wherein an upper end (51) of the support element is attached to the suspension element and a lower end (55) of the support element is attached to a frame element (20) on the lower minor face (43) of the acoustic panel.
Before the effective filing date of the invention, it would have been obvious to a person having ordinary skill in the art to substitute the suspension system of Czech for that of Patterson in order to provide rigid, central support of the panel to the suspension means.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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