DETAILED ACTION
A Non-Final Rejection was mailed on 7/01/26. The Non-Final Rejection addressed the original claim set and not the claims set filed as a Preliminary Amendment. Therefore, the 7/01/26 Non-Final Rejection is withdrawn and replaced with the present Non-Final Rejection.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-21 are cancelled.
Claims 22-41 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 22-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 17 of U.S. Patent No. 12,180,709. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Re claim 22 of the pending application and claim 1 of ‘709, each discloses a ceiling system comprising: a ceiling grid formed by a plurality of frame elements including a first frame element, the first frame element being a beam comprising a vertical web having a bottom end, and at least one horizontal flange extending from the bottom end of the vertical web; a first ceiling panel and a second ceiling panel each affixed to the first frame element, each comprising: a panel body including an upper surface, a lower surface, a first end, a second end, a first lateral side, and a second lateral side; and a bracket extending upward from the upper surface of the panel body, the bracket including an upper fastener (and fastening, due to being a fastener) that is fastened to the first frame element; and a first support flange resting on one of the at least one horizontal flanges of the first frame element, and wherein in each of the first ceiling panel and second ceiling panel, an angle of the panel body is adjustable with respect to the attachment of the upper fastener of the bracket, and a perimeter of the panel body along the first lateral side, second end, and second lateral side is free and unattached, wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel.
Claims 23-41 are rejected as being dependent on a rejected claim.
Claim(s) 22-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 20 of U.S. Patent No. 12,180,709 in view of Firinga (US 2015/0240490).
Re claim 22 of the pending application and claims 1 of ‘709, each discloses a ceiling system comprising: a ceiling grid formed by a plurality of frame elements including a first frame element, the first frame element being a beam comprising a vertical web having a bottom end, and at least one horizontal flange extending from the bottom end of the vertical web; a first ceiling panel and a second ceiling panel each affixed to the first frame element, each comprising: a panel body including an upper surface, a lower surface, a first end, a second end, a first lateral side, and a second lateral side; and a bracket extending upward from the upper surface of the panel body, the bracket including an upper fastener (and fastening, due to being a fastener) that is fastened to the first frame element; and a first support flange resting on one of the at least one horizontal flanges of the first frame element, and wherein in each of the first ceiling panel and second ceiling panel, an angle of the panel body is adjustable with respect to the attachment of the upper fastener of the bracket, and a perimeter of the panel body along the first lateral side, second end, and second lateral side is free and unattached,
but claim 1 of ‘709 fails to claim wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel.
However, Firinga discloses wherein a second end (one end of 12; Fig. 4-5) of the first ceiling panel (12) overlaps (Fig. 4-5) the first end (an end of an adjacent 12) of the second ceiling panel (12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling system of ‘709 wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel as disclosed by Firinga in order to provide and ensure total coverage of the ceiling with panel bodies.
Re claim 23 of the pending application and claims 1 of ‘709, each discloses a first upper web plate extending upward from the first support flange and disposed against and attached to a side of the vertical web of the first frame element.
Re claim 24 of the pending application and claims 12 of ‘709, each discloses wherein the at least one horizontal flange of the first frame element comprises two opposing horizontal flanges and extending from the bottom end of the vertical web, and wherein in each of the first ceiling panel and second ceiling panel the upper fastener of the bracket further comprises a second support flange resting on the horizontal flange of the first frame element opposing the horizontal flange on which the first support flange rests; and a second upper web plate extending upward from the second support flange and disposed against and attached to a second side of the vertical web of the first frame element.
Re claim 25 of the pending application and claims 1 of ‘709, each discloses a lower fastener that attaches to the upper fastener and to the panel body, and wherein an attachment between the upper fastener and lower fastener is adjustable and provides the adjustability of the angle of the panel body.
Re claim 26 of the pending application and claims 2 of ‘709, each discloses wherein in each of the first ceiling panel and second ceiling panel, the angle of the panel body is adjustable about an axis extending in a lateral direction.
Re claim 27 of the pending application and claims 3 of ‘709, each discloses wherein in each of the first ceiling panel and second ceiling panel, the panel body is curved.
Re claim 28 of the pending application and claims 4 of ‘709, each discloses wherein in each of the first ceiling panel and the second ceiling panel the lower surface of the panel body is concave.
Re claim 29 of the pending application and claims 5 of ‘709, each discloses wherein in each of the first ceiling panel and second ceiling panel, a width of the panel body tapers along a longitudinal direction that extends between the first end and the second end.
Re claim 30 of the pending application and claims 6 of ‘709, each discloses wherein an entirety of the lower surface is unencumbered.
Re claim 31 of the pending application and claims 7 of ‘709, each discloses wherein in each of the first ceiling panel and second ceiling panel, an area of the upper surface that surrounds the bracket is unencumbered.
Re claim 32 of the pending application and claims 8 of ‘709, each discloses wherein the upper fastener of the bracket includes a channel configured to surround a portion of the first frame element of the ceiling grid.
Re claim 33 of the pending application and claims 9 of ‘709, each discloses wherein at least one of the upper fastener and the lower fastener includes a plurality of openings for selectable connection with the other of the upper fastener and lower fastener.
Re claim 38 of the pending application and claims 10 of ‘709, each discloses wherein the lower fastener is integrally formed with the panel body in a single piece.
Re claim 39 of the pending application and claims 10 of ‘709, each discloses wherein an outer edge of the panel body of the first ceiling panel is free.
Re claim 40 of the pending application and claims 1 of ‘709, each discloses the bracket offset from a center of gravity of the panel body toward the first end and a first upper web plate extending upward from the first support flange and disposed against and attached to a side of the vertical web of the first frame element.
Re claim 22 of the pending application and claims 13 of ‘709, each discloses a ceiling system comprising: a ceiling grid formed by a plurality of frame elements including a first frame element, the first frame element being a beam comprising a vertical web having a bottom end, and at least one horizontal flange extending from the bottom end of the vertical web; a first ceiling panel and a second ceiling panel each affixed to the first frame element, each comprising: a panel body including an upper surface, a lower surface, a first end, a second end, a first lateral side, and a second lateral side; and a bracket extending upward from the upper surface of the panel body, the bracket including an upper fastener (and fastening, due to being a fastener) that is fastened to the first frame element; and a first support flange resting on one of the at least one horizontal flanges of the first frame element, and wherein in each of the first ceiling panel and second ceiling panel, an angle of the panel body is adjustable with respect to the attachment of the upper fastener of the bracket, and a perimeter of the panel body along the first lateral side, second end, and second lateral side is free and unattached,
but claim 13 of ‘709 fails to claim wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel.
However, Firinga discloses wherein a second end (one end of 12; Fig. 4-5) of the first ceiling panel (12) overlaps (Fig. 4-5) the first end (an end of an adjacent 12) of the second ceiling panel (12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling system of ‘709 wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel as disclosed by Firinga in order to provide and ensure total coverage of the ceiling with panel bodies.
Re claim 34 of the pending application and claims 13 of ‘709, each discloses the bracket offset from a center of gravity of the panel body toward the first end and a first upper web plate extending upward from the first support flange and disposed against and attached to a side of the vertical web of the first frame element.
Re claim 35 of the pending application and claims 14 of ‘709, each discloses wherein the upper fastener includes a lower web plate that attaches to the fin of the lower fastener.
Re claim 36 of the pending application and claims 15 of ‘709, each discloses wherein in each of the first ceiling panel and the second panel, the fin has a first wall formed from a first folded section of a single sheet of material and a second wall formed from an opposing second folded section of the single sheet of material.
Re claim 37 of the pending application and claims 16 of ‘709, each discloses wherein the lower fastener is integrally formed with the panel body in a single piece.
Re claim 22 of the pending application and claims 20 of ‘709, each discloses a ceiling system comprising: a ceiling grid formed by a plurality of frame elements including a first frame element, the first frame element being a beam comprising a vertical web having a bottom end, and at least one horizontal flange extending from the bottom end of the vertical web; a first ceiling panel and a second ceiling panel each affixed to the first frame element, each comprising: a panel body including an upper surface, a lower surface, a first end, a second end, a first lateral side, and a second lateral side; and a bracket extending upward from the upper surface of the panel body, the bracket including an upper fastener (and fastening, due to being a fastener) that is fastened to the first frame element; and a first support flange resting on one of the at least one horizontal flanges of the first frame element, and wherein in each of the first ceiling panel and second ceiling panel, an angle of the panel body is adjustable with respect to the attachment of the upper fastener of the bracket, and a perimeter of the panel body along the first lateral side, second end, and second lateral side is free and unattached,
but claim 13 of ‘709 fails to claim wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel.
However, Firinga discloses wherein a second end (one end of 12; Fig. 4-5) of the first ceiling panel (12) overlaps (Fig. 4-5) the first end (an end of an adjacent 12) of the second ceiling panel (12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling system of ‘709 wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel as disclosed by Firinga in order to provide and ensure total coverage of the ceiling with panel bodies.
Re claim 40 of the pending application and claims 20 of ‘709, each discloses the bracket offset from a center of gravity of the panel body toward the first end and a first upper web plate extending upward from the first support flange and disposed against and attached to a side of the vertical web of the first frame element.
Re claim 41 of the pending application and claims 20 of ‘709, each discloses the angle of the panel body is adjustable about an axis extending in a lateral direction, and is not adjustable about an axis extending perpendicular to the lateral direction.
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) 22-24, 26-32 and 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yaphe et al (“Yaphe”) (US 2018/0251978) in view of Caimi (US 2014/0299407), and further in view of Firinga (US 2015/0240490).
Re claim 22, Yaphe discloses a ceiling system ([0035]) comprising:
a ceiling grid ([0035]) formed by a plurality of frame elements (16, [0035]) including a first frame element (16), the first frame element (16) being a beam (Fig. 1) comprising a vertical web (web of 16) having a bottom end (bottom of the web of 16), and at least one first horizontal flange (at 22) extending from the bottom end (bottom of the web of 16) of the vertical web (web of 16);
a bracket (18) extending upward from the upper surface (24, as modified below) of the panel body (24, as modified below), the bracket (18) including an upper fastener (20) that is fastened to (as per Merriam-Webster, “fasten” means “to fix firmly or securely”) the first frame element (16), the upper fastener (20) comprising a first support flange (20) resting on the first horizontal flange (at 22) of the first frame element (16),
but fails to disclose a first ceiling panel and a second ceiling panel each affixed to the first frame element, each comprising: a panel body including an upper surface, a lower surface, a first end, a second end, a first lateral side, and a second lateral side, wherein in each of the first ceiling panel and second ceiling panel, an angle of the panel body is adjustable with respect to the attachment of the upper fastener of the bracket, and a perimeter of the panel body along the first lateral side, second end, and second lateral side is free and unattached, and wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel.
However, Caimi discloses a first ceiling panel (Fig. 8, 100) and a second ceiling panel (100) each affixed to the first frame element (210), each comprising: a panel body (110) including an upper surface (upper surface of 110), a lower surface (lower surface of 110), a first end (top end of 110), a second end (bottom end of 110), a first lateral side (one side of 110), and a second lateral side (another side of 110), and wherein in each of the first ceiling panel (100) and second ceiling panel (100), an angle of the panel body (110) is adjustable ([0091], Fig. 8) with respect to the attachment of the upper fastener (130) of the bracket (120), and a perimeter of the panel body (110) along the first lateral side (one side of 110), second end (bottom end of 110), and second lateral side (another side of 110) is free and unattached (Fig. 5 showing each end/side of 110 being free and unattached).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling system of Yaphe with a first ceiling panel and a second ceiling panel each affixed to the first frame element, each comprising: a panel body including an upper surface, a lower surface, a first end, a second end, a first lateral side, and a second lateral side, and wherein in each of the first ceiling panel and second ceiling panel, an angle of the panel body is adjustable with respect to the attachment of the upper fastener of the bracket, and a perimeter of the panel body along the first lateral side, second end, and second lateral side is free and unattached as disclosed by Caimi in order to provide directable, sound-absorbing ceiling panels ([0001]), in order to improve the acoustics of the environment ([0004]).
In addition, Firinga discloses wherein a second end (one end of 12; Fig. 4-5) of the first ceiling panel (12) overlaps (Fig. 4-5) the first end (an end of an adjacent 12) of the second ceiling panel (12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling system of Yaphe, as modified, wherein a second end of the first ceiling panel overlaps the first end of the second ceiling panel as disclosed by Firinga in order to provide and ensure total coverage of the ceiling with panel bodies.
Re claim 23, Yaphe as modified discloses the ceiling system according to claim 22, wherein the bracket (18) further comprises a first upper web plate (proximate the arrow to 18) extending upward from the first support flange (20) and disposed against and attached to (Fig. 1) a first side (side of the web of 16) of the vertical web (web of 16) of the first frame element (16).
Re claim 24, Yaphe as modified discloses the ceiling system according to claim 22, wherein the at least one horizontal flange (at 22) of the first frame element (16) further comprises two opposing horizontal flanges (at 22, at 22 on the rear side, as 16 is a T-beam) extending from the bottom end (bottom end of the web of 16) of the vertical web (web of 16), and wherein in each of the first ceiling panel (Caimi: 100) and second ceiling panel (Caimi: 100) the upper fastener (20) of the bracket (18) further comprises a second support flange (proximate the arrow to 20 but on the rear side) resting on the horizontal flange (at 22 on the rear side, as 16 is a T-beam) of the first frame element (16) opposing the horizontal flange (at 22) on which the first support flange (20) rests (Fig. 1); and a second upper web plate (proximate the arrow to 18 but on the rear side) extending upward from the second support flange (proximate the arrow to 20 but on the rear side) and disposed against and attached to (Fig. 1) a second side (rear side of the web of 16) of the vertical web (web of 16) of the first frame element (16). It is noted that the structure, although not shown very well, is identical on the rear side of 16 as on the side shown in Fig. 1 (see Fig. 5, for example), and thus, the claimed elements are disclosed.
Re claim 26, Yaphe as modified discloses the ceiling system according to claim 22, Caimi discloses wherein in each of the first ceiling panel (100) and the second ceiling panel (100), the angle ([0091]) of the panel body (120) is adjustable about an axis (along 130) extending in the lateral direction (lateral direction of 130).
Re claim 27, Yaphe as modified discloses the ceiling system according to claim 22, wherein in each of the first ceiling panel (100) and the second ceiling panel (100) the panel body (120) is curved (Fig. 3, [0079] disclosing that the features of Fig. 3 apply to Fig. 4a).
Re claim 28, Yaphe as modified discloses the ceiling system according to claim 27, wherein in each of the first ceiling panel (100) and the second ceiling panel (100), the lower surface (bottom of 120) of the panel body (120) is concave (Fig. 3, [0079] disclosing that the features of Fig. 3 apply to Fig. 4a).
Re claim 29, Yaphe as modified discloses the ceiling system according to claim 22, Caimi discloses wherein in each of the first ceiling panel (100) and the second ceiling panel (100), a width (Fig. 4a, width of 100) of the panel body (100) tapers along a longitudinal direction (Fig. 1) that extends between the first end (left end of 100) and second end (right end of 100).
Re claim 30, Yaphe as modified discloses the ceiling system according to claim 22, Caimi discloses wherein the entire lower surface (lower surface of 120) is unencumbered (Fig. 8).
Re claim 31, Yaphe as modified discloses the ceiling system according to claim 22, Caimi discloses wherein in each of the first ceiling panel (100) and the second ceiling panel (100), the area of the upper surface (upper surface of 120) that surrounds the bracket (120) is unencumbered (Fig. 5).
Re claim 32, Yaphe as modified discloses the ceiling system according to claim 22, wherein the upper fastener (20) of the bracket (18) includes a channel (below 14) configured to surround a portion of the frame element (16) of the ceiling grid (Fig. 1).
Re claim 38, Yaphe as modified discloses the ceiling system according to claim 22, but fails to disclose wherein the lower fastener is integrally formed with the panel body in a single piece.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the ceiling system of Yaphe wherein the lower fastener is integrally formed with the panel body in a single piece in order to save time and costs via reducing the steps for installation. In general, it has been held that making integral by using a once piece construction is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Larson, 340 F.2d 965, 968.
Re claim 39, Yaphe as modified discloses the ceiling system according to claim 22, Caimi discloses wherein an outer edge (outer edge of 100) of the panel body (100) of the first ceiling panel (100) is free (Fig. 8).
Allowable Subject Matter
Claim(s) 25, 33-37 and 40-41 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, subject to overcoming the rejection for double patenting provided in the above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
