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 .
Response to Amendment
The Examiner acknowledges the remarks and amendments filed on 12/12/25. Claims 15, 18-34, 56, and 63-68 have been canceled. Claims 69-75 are newly added. Claims 1-14, 16, 17, 35-55, and 57-62 have been amended. Claims 1-14, 16, 17, 35-55, 57-62, and 69-75 are pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-17 and 35-75 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP_3686029_A (see English equivalent: Lehnhoff US_20220105539_A1) in view of Ziskin “SPC Finyl: What You Should Know About Rigid Core Flooring”.
1. Regarding Claims 1, 5, 7, 9-15, 17, 35, 36, 39, 41, 43-54, 57, 59, 61-63, 64-66, 68, and 69, Lehnhoff discloses a method for producing an abrasion and water-resistant multilayer panel, in particular an abrasion and water-resistant floor panel (corresponds to claimed limitation of claims 9-11, 48-50, 61-63), comprising the following steps (claim 1):
1 - Providing at least one plastic carrier plate, in particular a PVC carrier plate (corresponds to claimed base film);
2 - Applying at least one primer to the surface of the plastic carrier plate. Said “at least one primer” when in plurality, can correspond to the claimed transparent intermediate layer of instant Claim 12 too;
3 - Printing the plastic carrier plate by direct printing (digital printing, see [paragraph 0048; corresponds to claimed embossing method step of claims 12, 13, 43, 64]) to form a decorative layer (corresponds to claimed printed design and coloring of said base film);
4 - Applying at least one first cover layer to said decorative layer (corresponds to claimed print-designed/colored base film);
5 - Uniformly scattering abrasion-resistant particles (corresponds to claimed particles with an inherent corresponding hardness) onto the at least one cover layer (corresponds to claimed abrasion-resistant PU coating of instant Claims 12, 35);
6 - Given that Lehnhoff discloses that there is at least one layer of abrasion resistant particles on the at least one first cover layer, any additional layers of it will correspond to the claimed second polyurethane abrasion-resistant hot melt coating with a corresponding hardness. Moreover, given that Lehnhoff discloses that the amount of abrasion particles can vary based on what abrasion is desired (paragraph 0057), it would therefore be obvious to vary the abrasion on said cover layers based on end-user product specifications. Having a first cover layer having less particles than the second cover layer that is above it would not be considered to be novel since it is known from Lehnhoff to have more than one cover layer and moreover, to vary the number of particles of each cover layer based on desired abrasion.
7 - Applying at least one coat of varnish (corresponds to claimed lacquer protective layer); and
8 - Curing the layer structure (corresponds to claims 17, 47, 68).
According to [paragraphs 0043-0046], the primer can comprise a primer layer and/or a hot melt (or hot coating), e.g., in the form of a polyurethane hot melt, and can contain inorganic color pigments. The cover layer preferably consists of a polyurethane hot melt adhesive (PUR hot melt) and is applied as a liquid coating using rollers ([paragraphs 0052-0057, and 0134, FIG. 1]; corresponding to claims 14, 44, and 65 limitation).
This layer is abrasion-resistant by scattering the abrasion-resistant particles.
The second cover layer can also consist of a PUR hot melt. The structure
is realized, according to [paragraph 0055], using a textured roller (corresponds to claims 35, 44, 46, and 65 limitations of being structured). For the topcoat lacquer, radiation-curable urethane-based coatings are used in particular ([paragraph 0067]; corresponding to claims 7, 41, 59, and 74). The topcoat can also be textured ([paragraph 0068]).
2. However, Lehnhoff does not disclose the newly added limitation of being laminated to a substrate.
3. Ziskin discloses SPC vinyl flooring (Title) that can be installed on subfloors of almost any existing hard surface (corresponds to claimed construction elements of floor boards and floor slabs of instant Claim 61, 62, and 69) (Page 3) as well as resting on an underlayment that absorbs sound (Page 4).
4. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the SPC vinyl flooring, of Lehnhoff, by laminating is to subfloors of any hard surface as well as onto an underlayment, as disclosed by Ziskin. One of ordinary skill in the art would have been motivated in doing so in order to absorb sound or to further the utility of its invention by applying its panel to other subfloors and underlayments as opposed to using it only as a standalone panel. It would be expected for that aforementioned embodiment to inherently be UV protective on account of disclosing the same materials as is being claimed.
2. Regarding Claims 3, 71, Lehnhoff in view of Ziskin suggests its PVC base layer being subjected to plasma and corona treatment (Lehnhoff paragraphs 0041, 0042).
3. Regarding Claims 2, 4, 6, 8, 16, 37, 38, 40, 42, 46, 55, 56, 58, 60, 63, 67, 70, 73, and 75, although the claimed depth and thicknesses are not explicitly disclosed. Such limitations are known to vary merely based on end-user product specifications well known in the art. Applicants have not stated how these specifically claimed limitations results in unexpected and surprising properties.
4. Regarding Claim 72, Lehnhoff in view of Ziskin suggests using silicon dioxide (glass) particles (claim 7).
Response to Arguments
Applicant’s arguments, filed 12/12/25, with respect to the rejection(s) of all claim(s) under Lehnhoff have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lehnhoff in view of Ziskin.
Conclusion
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/TAHSEEN KHAN/Primary Examiner, Art Unit 1781 April 1, 2026