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 § 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 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) 23, 25-27, 30-37 and 39, 41-42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pervan (US Pub. No.: 2015/0210055 A1) (hereinafter Pervan) in view of Chen et al. (US Pub. No.: 2009/0223162 A1) (hereinafter Chen) in view of Whispell et al. (US Pub. NO.: 2011/0167744 A1) (hereinafter Whispell) and further in view of Bernard Thiers (CN 104742637 A).
Regarding claims 23, 42 and 44-46, Pervan discloses composite flooring material segment comprising:
(i) a flooring base layer (5) comprising a mixture of PVC resin and calcium carbonate, wherein the flooring base layer comprises at least two sublayers (5a-5c), in which each sublayer has mixture of PVC with 20-80% limestone (corresponding to calcium carbonate) (¶0089), wherein limestone fillers may be partly or completely replaced by other fillers (¶0016), wherein said flooring base layer is a resultant of extrusion of the mixture at elevated temperature and pressure, mold-forming the extruded mixture into said flooring base layer, and cooling said flooring base layer (Fig. 1; RC 5, 5a-5c);
(ii) a waterproof flooring face layer comprising a decorative face sublayer (Fig. 1; RC 4) and a wearing face sublayer (Fig. 3b; RC 3) fused onto a top face of said decorative face sublayer, where said flooring face layer is fused onto a top face of said flooring base layer by hot- melt overlaying of said layers (Fig. 3b; ¶0119); and
Pervan further discloses a UV curing station (43) which cures the PU layer after application. Thus, naturally the said flooring coating layer is the resultant of coating said flooring face layer with a UV-curing plastic resin and UV curing said coating of UV-curing plastic resin by exposure to UV light (Fig. 3b; ¶0119). The benefit of doing so would have been to provide a water-based digital ink and a digital printing method that may be used to improve a digital print on dense surfaces such a plastic material or on surfaces that after printing are laminated or cured with heat and pressure.
Pervan further discloses at least four sides, at least two of which are bevels, wherein the bevels define a shape, wherein the shape comprises straight lines forming angles (90⁰ angle) (Fig. 1d). Pervan is silent about textured surface.
Chen also discloses composite flooring material segment. The composite flooring material segment wherein the decorative element such as wood grains and/or knots texture can be embossed. The design and overall upper layer can be textured, such as embossed in register with the design.
Thus, given the wealth of knowledge it would have been obvious to a person of ordinary skill in the art to texture the decorative layer as taught by Chen within the composite flooring material segments as taught by Pervan. The benefit of doing so would have been to emboss a design onto a final composite flooring material.
Pervan and Chen are both silent about wherein said flooring coating layer is the resultant of coating said flooring face layer with a UV-curing plastic resin and UV curing said coating of UV-curing plastic resin by exposure to UV light, wherein the UV-curing plastic resin comprises a gritty particulate material; and at least four sides, at least two of which comprise bevels, wherein the bevels define a shape angled relative to a top surface of the composite flooring material segments, and wherein the shape comprises angled lines, rounded arcs, or combination thereof.
Whispell also discloses a composite flooring material segment. The segments comprises at least four sides, at least two of which comprise bevels, wherein the bevels define a shape angled relative to a top surface of the composite flooring material segments, and wherein the shape comprises angles lines (Fig. 19-21; ¶0105-¶0107). Whispell further discloses coating layer is the resultant of coating said flooring face layer with a UV-curing plastic resin and UV curing said coating of UV-curing plastic resin by exposure to UV light, wherein the UV-curing plastic resin comprises a gritty particulate material (¶0197-¶0201). The benefit of doing so would have been to form a wear resistant coating layer on top surface.
Give the wealth of knowledge, it would have been obvious to include the bevel edges and wear resistant coating layer as taught by Whispell within the composite as taught by the combined teaching of Pervan and Chen. The benefit of doing so would have been to provide needed protection to composite flooring material.
The cited prior art of references are silent about bevels are painted with colors, wherein the colors imitate wood, tiles, textile, marvel, grout, or combinations thereof.
Thiers also discloses composite flooring material segments. The composite flooring material segments have bevels which are painted with colors (Fig. 2- 5). The benefit of doing so would have been to make the flooring segment esthetically appealing.
Given the wealth of knowledge, it would have been obvious to a person of ordinary skill in the art at the time of invention to paint the bevels of flooring segments as taught by Thiers within the composite flooring material as taught by the combined teaching of Pervan, Chen, Whispell and Thiers. The benefit of doing so would have been to make the flooring material segments esthetically appealing.
Regarding claim 25, Pervan fails to discloses the use of compressed cellulose material nor the use of glue. Thus, it’s understood the mixture is free of cellulose material and glue.
Regarding claim 26, Pervan discloses the flooring layer is made of identical material as instant invention. Thus, it naturally the base layer is waterproof layer.
Regarding claim 27, Pervan discloses PVC mixed with 20-80% lime-stone (corresponding to calcium carbonate) (¶0089).
Regarding claim 30, Pervan discloses decorative face sublayer (4) is PVC decorative polymer film (¶0089).
Regarding claim 31, Pervan discloses a design is printed onto said PVC decorative polymer film (Fig. 3a).
Regarding claim 32, Pervan discloses PVC decorative polymer film further comprises a colored film (¶0091).
Regarding claim 33, Pervan discloses said wearing face sublayer (3) is a PVC wea-resistant polymer film (¶0090).
Regarding claim 34, Pervan discloses PVC wear-resistant polymer film is transparent (¶0091).
Regarding claim 35, Pervan discloses flooring coating layer is transparent (¶0091).
Regarding claims 36 and 37, Pervan discloses flooring coating layer further comprises a gritty particulate material; wherein said flooring coating layer further comprises aluminum oxide (Fig. 2; ¶0110).
Regarding claim 39, Pervan discloses the cured waterproof flooring coating layer comprises the bevels.
Regarding claim 41, Pervan discloses he bevels define a shape, wherein the shape comprises a straight lines, a square (Fig. 1c-1d; ¶0095).
Allowable Subject Matter
Claim 28 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.
Response to Arguments
Applicant's arguments filed 07/23/23026 have been fully considered but they are not persuasive.
Argument:
The cited prior art of reference fails to discloses or provide any motivation for newly amended limitations. Pervan does not disclose that each layer is made of a different mixture of PVC and chalk or limestone fillers.
Response:
The examiner respectfully disagrees. Perven discloses the panel 1 has a core 5 that may comprise one or several core layers 5a, 5b 5c that are made primarily of PVC mixed with 20-80% chalk or limestone fillers mainly in order to reduce material costs. 2-4 cylinders may be used to produce each layer (¶0089). Thus, Perven discloses base layer (5) has sublayers (5a-5c), wherein each sublayer has a mixture of PVC and 20-80% of limestone (calcium carbonate). Perven further discloses chalk and or limestone fillers may be partly or completely replaced by other fillers for example wood fibers (¶0016). Additionally, Perven is silent about each layer is made of same mixture of PVC and chalk or limestone fillers. Thus, the concentration of limestone (calcium carbonate) can varied depending on desired property of final product. Given the wealth of knowledge, Perven provide adequate support for newly amended limitation.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL I PATEL whose telephone number is (571)270-7660. The examiner can normally be reached M-F: 9-5.
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/VISHAL I PATEL/Primary Examiner, Art Unit 1746
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