DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/26/2026 has been entered.
Response to Amendment
In response to the amendment received on 08/26/2026:
claims 1, 3-6, 11-12, 17-18, 20-21, 23-25, 27, 29, 31, 34-35 and 37 are currently pending
claims 20-21, 23-25, 27, 29, 31, 34-35 and 37 are withdrawn from consideration
claim 1 is amended
prior art grounds of rejection reapplying Anuj, Meana-Esteban and Zagor are presented herein
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claims 1, 3-6, 11-12 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Anuj et al. (US 2014/0290147 A1), hereinafter referred to as ANUJ, in view of Meana-Esteban et al. (US 2016/0001422 A1), hereinafter referred to as MEANA-ESTEBAN, and Zagor et al. (EP 0400658 A2), hereinafter referred to as ZAGOR.
Regarding claim 1, ANUJ teaches a coated abrasive article (see ANUJ at paragraph [0119]) comprising:
a backing having first and second opposed major surfaces (see ANUJ at Annotated Fig 1B (A) and paragraph [0150]: major surface/upper surface 161 of the backing 101).
While ANUJ discloses that the backing can comprise an organic material, inorganic material, and a combination thereof; organic materials including: polymers, and particularly, polyester, polyurethane, polypropylene, polyimides; inorganic materials can include metals, metal alloys, and particularly, foils of copper, aluminum, steel, and a combination thereof (see ANUJ at paragraph [0118]), ANUJ fails to explicitly teach a laminate directly on the first major surface of the backing.
However, MEANA-ESTEBAN teaches an abrasive product comprising a backing layer and an abrasive layer (see MEANA-ESTEBAN at Abstract). MEANA-ESTABAN teaches that the resin 112, denoted as a make coat, may be a mixture, where abrasive grains 113 are mixed to the resin 112. FIG. 4a shows an example of a mixture, denoted as abrasive slurry, which may be deposited on the backing layer 101 and cured by means of heat or radiation to form an abrasive layer 111 (see MENA-ESTEBAN at Fig. 4b and paragraph [0061]). MEANA-ESTEBAN also teaches that a backing layer 101 may be manufactured to provide functionality and comprise one or more functional layers 102, 103, 104, 105, 106, 107, 108 having a first side and a second side; the functional layers 102, 103, 104, 105, 106, 107, 108 may be adjoined for example by lamination or co-extrusion (see MEANA-ESTEBAN at Fig. 3 (M) and paragraph [0039]). Additionally, MEANA-ESTEBAN teaches that the functional layers 102, 103, 104, 105, 106, 107, 108 may comprise layers with different functions, for example embossing layers, anti-static layers, such as ultraviolet light or radical (UV/EB) blocking layers, adhesion promoting layers, anti-slip layers, reinforcement layers or filler layers (see MEANA-ESTEBAN at paragraph [0039]).
One of ordinary skill in the art would have recognized the potential benefit of laminating functional layers on the surface of a backing in the coated abrasive articles of ANUJ based on the teachings of ANUJ describing that the backing can comprise an organic material, inorganic material, and a combination thereof (see ANUJ at paragraph [0118]). Moreover, one of ordinary skill in the art would have been motivated to include a laminate on the surface of the backing as disclosed by MEANA-ESTEBAN since MEANA-ESTEBAN explicitly teaches that the laminate may comprise layers with different functions, for example embossing layers, anti-static layers, such as ultraviolet light or radical (UV/EB) blocking layers, adhesion promoting layers, anti-slip layers, reinforcement layers or filler layers (see MEANA-ESTEBAN at paragraph [0039]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coated abrasive article of ANUJ by adding laminated functional layers to the backing as disclosed by MEANA-ESTEBAN in order to provide functionality, e.g., by laminating layers such as ultraviolet light or radical (UV/EB) blocking layers, adhesion promoting layers, anti-slip layers, reinforcement layers or filler layers.
For the purpose of the claim interpretation, the examiner treats individual layer of the backing disclosed by MEANA-ESTEBAN as reading on limitation “backing having first and second opposed surfaces” based on MEANA-ESTEBAN’s disclosure that backing layer 101 comprises one or more functional layers (see MEANA-ESTEBAN at paragraph [0039]).
Thus, ANUJ as modified by MEANA-ESTEBAN teaches
a laminate directly on the first major surface of the backing (see Annotated Fig. 3 (M) of MEANA-ESTEBAN),
a make layer bonded to the laminate (see ANUJ at Figs 31, 32 and paragraph [0255]: adhesive layer can be a polymeric binder composition (i.e., polymeric resin) corresponding to a make layer 3202 (i.e., make resin), disposed over a major surface 3204 of a backing 3206); backing as modified by MEANA-ESTEBAN, wherein the make layer comprises an even coating (see ANUJ at paragraph [0335]: a backing substrate having a continuous make coat);
abrasive particles directly bonded to the make layer, wherein the abrasive particles are at least partially embedded in the make layer (see ANUJ at Annotated Fig 1B (A) and paragraph [0147]: either of the adhesive layers 151 and 152 can be applied to the surface of the backing 101 in a single process, or alternatively, the shaped abrasive particles 102 and 104 can be combined with a material of one of the adhesive layers 151 or 152 and applied as a mixture to the surface of the backing 101), and wherein the abrasive particles are deposited as an even coating and are not deposited in a particle pattern (see ANUJ at paragraphs [0125]: a predetermined distribution can comprise a pattern, design, sequence, array, or arrangement. In a particular embodiment predetermined positions can define an array, such as a two-dimensional array, or a multidimensional array; a predetermined distribution can also include a non-shadowing arrangement; a non-shadowing arrangement can comprise a controlled, non-uniform distribution; a controlled uniform distribution; or a combination thereof; a non-shadowing arrangement can comprise a self-avoiding random distribution; [0126]: the predetermined distribution can be partially, substantially, or fully asymmetric; the predetermined distribution can overlie the entire abrasive article, can cover substantially the entire abrasive article);
a size layer directly bonded to the make layer, and abrasive particles (see ANUJ at Annotated Fig 1B (A) and paragraph [0148]: the adhesive layer 152 can be a size coat formed to overlie and bond the shaped abrasive particles 102 and 104 in place relative to the backing 101); and
wherein the size layer or a supersize layer comprise a patterned coating (see ANUJ at paragraph [0193]: orientation regions that facilitate placement of shaped abrasive particles in the predetermined orientations; the orientation regions can be part of an adhesive layer, including a make coat or a size coat; and paragraph [0199]: the alignment structure can be used to facilitate placement of the shaped abrasive particles in desired orientation on the backing and relative to each other; the alignment structure can be integral part of one or more adhesive layers overlaying the backing), and wherein the patterned coating is and comprises a repeating unit (see ANUJ at paragraph [0125]: a predetermined distribution can comprise a pattern, design, sequence, array, or arrangement; predetermined positions can define an array, such as a two-dimensional array, or a multidimensional array; an array can also be a pattern, having long range order including regular and repetitive units linked together), a letter, or a number.
While ANUJ discloses that the orientation regions can be part of an adhesive layer, including a make coat or a size coat (see ANUJ at paragraph [0193]), ANUJ is silent with respect to the patterned coating is visually distinguishable. According to MPEP § 2111, the proper claim interpretation includes giving claims their broadest reasonable interpretation in light of the specification. Therefore, for the purpose of the claim interpretation, the Examiner treats the limitation “visually distinguishable” according to the specification describing that many size coats, either naturally or through the inclusion of a pigment, impart a color to an abrasive particle; pattern coating a size coat may, therefore, result in a visual pattern clearly visible to a user of the abrasive article (lines 20-27, p. 10).
Furthermore, ZAGOR teaches a coated abrasive material such as fining pad having on a base (12), radiation cured maker (14) and size coats (18) of different hardnesses, holding the abrasive grits (16) (see Annotated Fig. 1 (Z) and Abstract). ZAGOR also teaches the components included in the maker and size coat compositions, e.g., colorants to give a particular color to the abrasive products (see ZAGOR at lines 37-39, p. 5).
One of ordinary skill in the art would have recognized the potential benefit of including colorants disclosed by ZAGOR in the maker and size coat compositions of ANUJ as modified by MEANA-ESTEBAN, since ZAGOR explicitly teaches that colorants give a particular color to the abrasive products (see ZAGOR at lines 37-39, p. 5). Moreover, one or ordinary skill in the art would have anticipated the colored size coat to be visually distinguishable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coated abrasive article of ANUJ as modified by MEANA-ESTEBAN by including colorants in the maker and size coat compositions as disclosed by ZAGOR in order to give a particular color to the abrasive products.
PNG
media_image1.png
515
956
media_image1.png
Greyscale
Annotated Fig. 1B (A)
PNG
media_image2.png
523
793
media_image2.png
Greyscale
Annotated Fig. 3(M)
PNG
media_image3.png
486
862
media_image3.png
Greyscale
Annotated Fig. 1 (Z)
Regarding claim 3, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, wherein coated abrasive article does not comprise the supersize layer (see ANUJ at paragraph [0146]: a variety of the adhesive layers 151 or 152 of the abrasive article, which can include but not limited to, a frontfill, a pre-size coat, a make coat, a size coat, and/or a supersize coat), and wherein the size layer comprises the patterned coating (see ANUJ at paragraph [0193]: orientation regions that facilitate placement of shaped abrasive particles in the predetermined orientations; the orientation regions can be part of an adhesive layer, including a make coat or a size coat; and paragraph [0199]: the alignment structure can be used to facilitate placement of the shaped abrasive particles in desired orientation on the backing and relative to each other; the alignment structure can be integral part of one or more adhesive layers overlaying the backing).
Regarding claim 4, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, further comprising the supersize layer, wherein both the supersize layer and the size layer comprise the patterned coating (see ANUJ at [0146]: a variety of the adhesive layers 151 or 152 of the abrasive article, which can include but not limited to, a frontfill, a pre-size coat, a make coat, a size coat, and/or a supersize coat; and paragraph [0199]: the alignment structure can be used to facilitate placement of the shaped abrasive particles in desired orientation on the backing and relative to each other; the alignment structure can be integral part of one or more adhesive layers overlaying the backing).
Regarding claim 5, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, wherein the size layer comprises the patterned coating, wherein the coated abrasive article comprises a first color and a second color, wherein the first color is a size layer color (see rejection of claim 1 above and ZAGOR at lines 37-39, p. 5: the components included in the maker and size coat compositions, e.g., colorants to give a particular color to the abrasive products). For the purpose of examination, the Examiner interprets the previously recited limitation as referring to first and second color (colorants included in the maker and size coat compositions), wherein one of the colors is a size coat color.
Regarding claim 6, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, further comprising the supersize layer (see ANUJ at paragraph [0146]: adhesive layers include a supersize coat), wherein the supersize layer comprises the patterned coating (see ANUJ at paragraph [0030]: patterned alignment structures; and paragraph [0199]: the alignment structure can be used to facilitate placement of the shaped abrasive particles in desired orientation on the backing and relative to each other; the alignment structure can be integral part of one or more adhesive layers overlaying the backing).
Regarding claim 11, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, wherein the backing comprises a polymeric film, a metal foil, a woven fabric, a knitted fabric, paper, vulcanized fiber, a nonwoven, a foam, a screen, a mesh, or a combination thereof (see ANUJ at paragraph [0118]: the backing can comprise an organic material, inorganic material, and a combination thereof; organic materials including: polymers, and particularly, polyester, polyurethane, polypropylene, polyimides; inorganic materials can include metals, metal alloys, and particularly, foils of copper, aluminum, steel, and a combination thereof).
Regarding claim 12, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, wherein the backing is pretreated with a backsize, a presize, or a saturant (see ANUJ at Annotated Fig. 1B (A) and paragraph [0145]: adhesive layer 151 overlaying the backing; and paragraph [0146]: a polymer formulation may be used to form any of a variety of the adhesive layers 151 or 152 of the abrasive article, which can include but not limited to, a frontfill, a pre-size coat), or wherein the abrasive article further comprises a laminate coated directly on the first major surface of the backing, with the make layer bonded to the laminate.
Regarding claim 17, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, wherein the size layer comprises the patented coating (see ANUJ at paragraph [0193]: orientation regions that facilitate placement of shaped abrasive particles in the predetermined orientations; the orientation regions can be part of an adhesive layer, including a make coat or a size coat).
Regarding claim 18, ANUJ as modified by MEANA-ESTEBAN and ZAGOR teaches the coated abrasive article of claim 1, wherein the patterned coating (see ANUJ at paragraph [0247]: patterned make coat) extends from a center of the abrasive particle to an edge of the abrasive particle (see ANUJ at Fig. 37 and paragraph [0126]: the predetermined distribution can overlie the entire abrasive article, can cover substantially the entire abrasive article).
Response to Arguments
Applicant's arguments filed on 08/26/2026 have been fully considered but they are not persuasive.
Applicant argues that ANUJ does not teach claimed arrangement in which the make layer is evenly coated, abrasive particles are not applied in a particle pattern, and the pattern is instead provided by a visually distinguishable size layer on supersize layer. See Remarks received on 08/26/2026 spanning paragraphs on pages 7-8.
However, the examiner respectfully disagrees for the following reasons. As was discussed in the rejection of claim 1 above, ANUJ discloses that a predetermined distribution can include a non-shadowing arrangement; a non-shadowing arrangement can comprise a controlled, non-uniform distribution; a controlled uniform distribution; or a combination thereof; a non-shadowing arrangement can comprise a self-avoiding random distribution (see ANUJ at paragraph [0125]); and that the predetermined distribution can be partially, substantially, or fully asymmetric; the predetermined distribution can overlie the entire abrasive article, can cover substantially the entire abrasive article (see ANUJ at paragraph [0126]). According to MPEP §2123: “A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989)” and “Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971)”. Thus, ANUJ’s disclosure regarding a self-avoiding random distribution of abrasive particles reasonably suggests to one of ordinary skill in the art that abrasive article can comprise abrasive particles not deposited in a particle pattern.
18. Regarding Applicant’s arguments that MEANA-ESTEBAN does not teach claimed arrangement in which the make layer is evenly coated, abrasive particles are not applied in a particle pattern (see Remarks received on 08/26/2026 spanning paragraphs on page 8), it is noted, that the aforementioned limitations are rejected as being obvious over ANUJ.
In response to Applicant’s arguments that ANUJ and MEANA-ESTEBAN fail to disclose the pattern provided by a visually distinguishable size layer on supersize layer, it is noted that new grounds of rejection of claim 1 does not rely on any reference applied in the prior art rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that claim 17 further requires a laminate directly coated to the first major surface of the backing, wherein the make layer bonds to the laminate; while MEANA-ESTEBAN treats the multiple layers collectively as the backing rather than disclosing a separate laminate disposed on a backing and positioned between the backing and the make layer. See Remarks received on 08/26/2026 spanning paragraphs on page 9.
However, the examiner respectfully disagrees for the following reasons. Please note that the matter challenged in the argument is recited in claim 12. As was discussed in the rejection of claim 1 above, MEANA-ESTEBAN discloses that the functional layers 102, 103, 104, 105, 106, 107, 108 may be adjoined for example by lamination or co-extrusion (see MEANA-ESTEBAN at Fig. 3 (M) and paragraph [0039]). MEANA-ESTEBAN also discloses that the functional layers 102, 103, 104, 105, 106, 107, 108 may comprise layers with different functions, for example embossing layers, anti-static layers, such as ultraviolet light or radical (UV/EB) blocking layers, adhesion promoting layers, anti-slip layers, reinforcement layers or filler layers (see MEANA-ESTEBAN at paragraph [0039]). Thus, based on the aforementioned disclosure of MEANA-ESTEBAN one of ordinary skill in the art would have been motivated to add laminated functional layers to the backing of abrasive article of ANUJ. According to MPEP §2144.01: “[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom. In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968)”. The examiner treats individual layer of the backing disclosed by MEANA-ESTEBAN as reading on limitation “backing having first and second opposed surfaces” based on MEANA-ESTEBAN’s disclosure that backing layer 101 comprises one or more functional layers (see Annotated Fig. 3(M) and MEANA-ESTEBAN at paragraph [0039]). Therefore, the examiner asserts that the modification of ANUJ in view of MEANA-ESTEBAN would result in the laminate coated directly on the first major surface of the backing, with the make layer bonded to the laminate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANASTASIA KUVAYSKAYA whose telephone number is (703)756-5437. The examiner can normally be reached Monday-Thursday 7:00am-5:00pm.
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, Amber Orlando can be reached at 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANASTASIA A. KUVAYSKAYA/Examiner, Art Unit 1731
