DETAILED ACTION
Withdrawn Rejections
The 35 U.S.C. 112(b) rejection of claims 1-20 of record in the previous Office Action mailed on 6/17/2025 is hereby withdrawn due to Applicant's amendment filed on 10/17/2025.
The 35 U.S.C. 102(a)(1) rejection of claims 1-20 as anticipated by Toyoda (JP2017043106A) of record in the previous Office Action mailed on 6/17/2025 has been withdrawn due to Applicant's amendment and argument filed on 10/17/2025.
Response to Arguments
Applicant’s arguments, see page 2, filed 10/17/2025, with respect to the rejection of claims 1-20 under 35 U.S.C. 102(a)(1) as anticipated by Toyoda et al. (JP2017043106A) 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 Therefore, the rejection has been withdrawn.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 Toyoda et al. (JP2016061046A) and Iriyama (JP2012213913A).
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.
Claims 1-8 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda et al. (JP2016061046A) [hereinafter Toyoda ‘046] in view of Iriyama et al. (JP2012213913A) [hereinafter Iriyama].
Regarding claims 1 and 2, Toyoda ‘046 discloses a decorative sheet (Figs. 1-2) having a surface-protecting layer (layer 52) on its outermost surface, the surface-protecting layer having irregularities (Figs. 1-2), the irregularities having an embossed shape with a pebbly pattern, a wood-grain pattern, a wooden pattern, or a marble grain pattern (paragraphs [0056] and [0072]), and the irregularities having an average interval Sm of 180 µm to 950 µm (claim 5; Table 1; Example 1), the surface-protecting layer having a maximum height Rz of 10 to 45 µm (claim 3; Table 1; Example 1), and wherein a ratio of surface area of the surface protecting layer at an area located at a depth of up to 30 µm from the outermost surface to a total surface area is 40% or more (recess area ratio of 50%; see Example 1; paragraph [0072]).
Toyoda ‘046 fails to teach the surface-protecting layer having a Martens hardness of 30 to 170 N/mm2, the Martens hardness being a value measured in such a manner that when the surface-protecting layer contains fine particles, a diamond indenter is pressed into a position avoiding the fine particles to measure the Martens hardness of a cross-section.
Iriyama teaches it is well known in the decorative material art to have the surface protection layer having a Martens hardness of 30 to 170 N/mm2, the Martens hardness being a value measured in such a manner that when the surface-protecting layer contains fine particles, a diamond indenter is pressed into a position avoiding the fine particles to measure the Martens hardness of a cross-section, for the purpose of providing excellent scratch resistance and prevent whitening damage (abstract).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the surface protection layer in Toyoda ‘046 to have a Martens hardness of 30 to 170 N/mm2, the Martens hardness being a value measured in such a manner that when the surface-protecting layer contains fine particles, a diamond indenter is pressed into a position avoiding the fine particles to measure the Martens hardness of a cross-section, as suggested by Iriyama in order to provide the decorative sheet with excellent scratch resistance and prevent whitening.
Regarding claims 3 and 14, Toyoda ‘046 discloses Rz is between 10 to 19 µm (Table 1, Example 1; claim 3).
Regarding claims 4 and 15, Toyoda ‘046 discloses Sm is 450 to 750 µm (claim 5; Table 1, Example 1).
Regarding claims 5 and 16, Toyoda ‘046 discloses wherein a ratio of surface area of the surface protecting layer at an area located at a depth of less than 30 µm from the outermost surface to a total surface area is 50% to 90% (recess area ratio of 50%; see Example 1; paragraph [0072]).
Regarding claims 6 and 17, Toyoda ‘046 fails to specifically teach a ratio of surface area of the surface protecting layer at an area located at a depth of less than 30 µm from the outermost surface to a total surface area being 60% to 85%. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ratio of surface area of the surface protecting layer at an area located at a depth of less than 30 µm from the outermost surface to a total surface area in Toyoda’046 to be 60 to 85%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05 (II).
Regarding claims 7 and 18, Toyoda ‘046 discloses the surface-protecting layer comprises an ionizing radiation-curable resin (paragraphs [0034-0043]).
Regarding claims 8 and 19, Toyoda ‘046 discloses the surface-protecting layer having a thickness of 10 to 40 µm (paragraph [0033]).
Regarding claim 10, Toyoda ‘046 discloses the decorative sheet having a picture pattern layer, a transparent resin layer, and the surface-protecting layer in sequence on a base material sheet (Figs. 1-2; paragraphs [0054-0059]; Example 1).
Regarding claim 11, Toyoda ‘046 discloses a picture pattern layer, a transparent resin layer, and the surface-protecting layer in sequence on a base material sheet, wherein at least a backer layer is laminated on a back surface of the base material sheet (paragraphs [0054-0063]; Example 1).
Regarding claim 12, Toyoda ‘046 discloses a decorative plate comprising the decorative sheet on a base material (Figs. 1-2; Example 1; paragraph [0064]).
Regarding claim 13, Toyoda ‘046 discloses the base material is a single wood panel, a plywood panel, a wood fiberboard, or a particleboard (paragraph [0064]).
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Toyoda in view of Iriyama as applied to claims 1 and 2 above, and further in view of Shinbara (US 2019/0077124A1).
Toyoda fails to teach the surface-protecting layer comprising at least one member selected from the group consisting of antibacterial agents, antiviral agents and anti-allergen agents.
Shinbara teaches that it is well known in the decorative sheet art to include an antibacterial agent in the surface protecting layer for the purpose of providing a decorative sheet that has an appropriately low level of wiping resistance (abstract; paragraph [0090]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at 571-270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
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