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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/14/25 has been entered.
Claim(s) 62-76, 80 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Giel et al, U.S. Patent Application Publication No. 2018/0002932 in view of DE 102006020135A1 and Drevet, NL 2019107.
Van Giel discloses a panel having interlocking side edges. See paragraph 0020. The panel can comprise a support layer comprising one or more polymers. The support layer does not include pores or openings and can have a water absorption of zero, which is equated with being water proof. See paragraph 0016. The polymers can be thermoset polymers. See paragraph 0028. The thermoset polymers can include phenol formaldehyde resins and epoxy resins. See paragraph 0030. With regard to the formaldehyde to phenol ratio, it would have been obvious to have selected a suitable ratio to form a resin having the desired properties. The polymers can be used to form a substrate which includes filler materials. Suitable filler materials include gypsum, glass and wood. See paragraph 0036. The filler material can be in the form of fibers or particles. The fillers can be cement dust, clay, mineral fillers, wood flour, as well as natural fibers such as flax, hemp, jute, bamboo, and other cellulosic fibers. See paragraphs 0037-0038. Since the same types of natural fibers and particles are used, it is reasonable to expect that they would have amounts of cellulose, cellulose crystallinity and amount of lignin as claimed, in claims 69-71. The filler can be present in amounts of at least about 50%. See paragraph 0039. The support layer can comprise a glass fiber fabric. See paragraph 0081. The fillers can be present in amounts of 15-75 wt%. See paragraph 0021. Since the fillers are dispersed in the thermoset layer, they would be encapsulated. The support layer can be a single layer. The panel can have any shape and therefore, it would have been obvious to have selected a substantially flat surface in order to provide floor and/or wall coverings which had a flat surface. The structure can include coupling mechanisms such as tongue and groove systems. See paragraph 0020.
The structure can include a top layer and a decorative layer, but Van Giel differs from the claimed invention because it does not disclose that the top layer is stone, ceramic, granite, or marble and does not disclose that the binder includes gypsum, does not disclose the density or thickness of the support panel, or the use of an adhesive to connect the core layer to the top layer.
However, DE ‘135 discloses a floor covering panel having a core or support layer and an upper layer of natural or artificial stone of glass. See abstract. Suitable materials include granite, marble, slate, cement, concrete, ceramics, tiles, fired clay materials and or epoxy quartz compounds. See first three lines of page 3 of the attached machine translation. The core or support material has a density of 1100-1700 kg/m3. See second paragraphs on page 4. The core includes gypsum. The panels can include interlocking systems to fasten the panels together. The support layer can have a thickness of 4-12 mm. See page 4, lines 17-20. The top layer can be a waterproof layer. See page 4, lines 22-23. The top layer can be bonded to the support layer via an adhesive. See page 5, lines 1-2. Since hot-melt adhesives are well known types of adhesives, it would have been obvious to have selected a hot-melt adhesive to bond the top layer and the support layer together.
Therefore, it would have been obvious to one of ordinary skill in the art to have employed the particularly claimed types of top layer and to have adhesively bonded the layers together, to have provided gypsum in the core layer and selected a density and thickness as taught by DE ‘135, in view of teaching of DE ‘135 that these elements were recognized in the art as suitable for forming panels having a top layer and a support layer which are designed to be interlocked at the edges.
Van Giel differs from the claimed invention because it does not disclose that the support layer is larger than the top layer.
However, Drevet discloses a decorative panel comprising a support layer and a top layer as set forth above. Drevet shows in figure 2 that an upper surface of the notched area 8 is exposed and extends past the top layer. The portion is substantially planar and the support layer is substantially flat because the substantial portion of the support layer is flat.
Therefore, it would have been obvious to have formed the structure of Van Giel so that the support layer was larger and exposed relative to the decorative layer in order to allow for the presence of the connecting elements to connect panels beneath the decorative layer as shown by Drevet.
Claim(s) 79 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Giel in view of Drevet and DE ‘135 as applied to claims above, and further in view of Miller, U.S. Patent No. 7,442,423.
Van Giel in view of Drevet and DE ‘135 do not clearly teach employing a hot melt adhesive to bond a surface layer to a support layer.
However, Miller teaches employing hot glue which is the same as hot melt adhesive to bond a surface layer of ceramic, glass or stone to a substrate layer. See col. 7, lines 39-42.
Therefore, it would have been obvious to have employed a hot glue/hot melt adhesive to bond the layers.
Claim(s) 77, 78, 82 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Giel in view of Drevet and DE ‘135 as applied to claims above, and further in view of Thiers et al, U.S. Patent Application Publication No. 2004/0250493.
Van Giel in view of Drevet and DE’135 teach that the panels can include coupling mechanisms but fail to clearly teach coupling mechanisms wherein a coupling mechanism which functions to enable interlocking in a vertical direction as well as a coupling mechanism which functions to allow for interlocking by a turning movement are both present on opposite sides of the panel.
However, Thiers teaches providing such coupling mechanisms on a floor covering panel. See claim 2.
Therefore, it would have been obvious to have employed the coupling mechanisms of Thiers as coupling mechanisms for the structure of Van Giel in order to provide suitable means for combining the panels.
Applicant's arguments filed 11/14/25 have been fully considered but they are not persuasive.
Applicant’s arguments that Drevet and DE ‘135 do not clearly teach that the support layer is waterproof are persuasive.
With regard to Van Giel, Applicant argues that Van Giel does not solve the problems of Drevet and DE ‘135. However, Van Giel employs the same materials in the same amounts to form the support layer which would lead to the reasonable expectation that the material of Van Giel would have the same properties as the claimed substrate layer. Additionally, the support layer of Van Giel does not include pores or openings and has water absorption of zero which is equated with being waterproof. See paragraph 0016.
Additionally, Applicant argues that the support layer is no longer visible when two or more panels are joined. However, the claims are not drawn to a plurality of joined panels but to a single panel.
With regard to the present of thermoplastic material, Van Giel teaches thermoplastic resin, thermoset resin and combinations. Thus, Van Giel teaches three embodiments, one which is only thermoplastic, one which is only thermoset and one which includes both. Thus, Van Giel does teach a support layer free of thermoplastic materials.
With regard to hot melt adhesives, Miller teaches employing hot glue to bond surface ceramic, glass and stone layers to underlying substrate layers.
With regard to the particularly claimed coupling mechanisms, a new rejection is set forth above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schlough, U.S. Patent Application Publication No. 2015/0135628 discloses a stone top layer attached to a substrate wherein the substrate is extends beyond the top layer but does not disclose the composition of the substrate. .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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, Marla McConnell can be reached at 571-270-7692. 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.
/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789