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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 2, 6, 7 and 11 – 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herrera et al. (US 10,443,496).
With respect to claim 1, Herrera et al. teach a panel assembly comprising a core portion (Fig.4, Item 206) positioned and coupled to a first panel portion (Fig.4, Item 210) having an exterior surface and an interior surface and a second panel portion (Fig.4, Item 220) having an exterior surface and an interior surface, wherein the core portion, first panel portion, and second panel portion can be comprised of the same material, wherein the core portion includes one or more interior chambers (Fig.4, Items 240) between the interior surface of the first panel and the interior surface of the second panel, wherein the first panel portion includes at least one aperture (Fig.4, Item 204) configured to allow a sound waves (Fig.4, Item 155) to into the one or more interior chambers of the panel assembly to dissipate the sound waves.
With respect to claims 2 and 13, Herrera et al. teach wherein the interior chambers are in a hexagonal shape (Fig.8).
With respect to claim 6, Herrera et al. teach wherein a plurality of chambers (Figs.4 and 8, Items 240) is formed between the first panel portion and the second panel portion, wherein each aperture of a plurality of apertures (Figs.3 and 4, Items 204) corresponds to a specific chamber of the plurality of chambers.
With respect to claim 7, Herrera et al. teach wherein the first panel portion (Fig.4, Item 210) includes a first set of apertures (Fig.4, Items 204) that corresponds to a respective first set of interior chambers (Fig.4, Items 240).
With respect to claim 11, Herrera et al. teach wherein the second panel portion (Fig.4, Item 220) is sold with no apertures.
With respect to claim 12, Herrera et al. teach wherein the core portion, first panel portion, and second panel portion are comprised of a thermoplastic material, wherein the core portion is thermowelded to the interior surface of the first panel portion on a first side of the core portion and thermowelded to the interior portion of the second panel portion on the second side of the core portion (Col.3, Line 51 – Col.4, Line 7 and Lines 36 – 56).
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 3 – 5, 8 – 10 and 14 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Herrera et al. (US 10,443,496) in view of Leng (CN 1657275) and Ewing (US 4,587,158).
With respect to claims 3, 4, 14 and 15, Herrera et al. teach the limitations already discussed in a previous rejection, but fail to disclose wherein the exterior surface of at least one of the first panel portion or second panel portions can further include a polypropylene film applied that is corona treated to the exterior surface, and wherein the polypropylene film is configured to accept graphical printing.
On the other hand, Leng teaches a panel assembly comprising a cellular core portion (Fig.1, Item 13) wherein the exterior surface of at least one of a first panel portion or second panel portions can further include a polypropylene film (Fig.1, Item 11) configured to accept graphical printing (under heading MODE-FOR-INVENTION, ¶ [004]).
Ewing teaches a polypropylene film that is corona treated to the exterior surface, and configured to accept graphical printing (Col.2, Line 67 – Col.3, Line 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the Leng and Ewing polypropylene film with the Herrera et al. panel because it would provide a weather resistance and a desired aesthetic effect to the panel. Corona treating the polypropylene will permit the film to be printed on.
With respect to claims 5 and 8 – 10, The Examiner takes official notice that it is well-known in the art to provide a second panel portion including at least one aperture configured to allow a sound waves to into the one or more interior chambers of the panel assembly to dissipate the sound waves because it would permit the panel to absorb sound incident from the both sides of the panel, as disclosed by Clark (US 2003/0098200) or Lawson (US 3,507,355).
With respect to claim 16, Herrera et al. teach wherein the hexagonal chamber is configured to deflect sound waves within the interior chambers to further dissipate the sound level from an external environment (Col.3, Lines 25 – 50).
Conclusion
The attached hereto PTO Form 892 lists prior art made of record that the Examiner considered it pertinent to applicant's disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGARDO SAN MARTIN whose telephone number is (571)272-2074. The examiner can normally be reached on 9:00 - 5:00 M - F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S. Ismail can be reached on 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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/Edgardo San Martin/
Edgardo San Martín
Primary Examiner
Art Unit 2837
June 18, 2026
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