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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-18 in the reply filed on 12/1/2025 is acknowledged. The traversal is on the ground(s) that the claims do not lack unity of invention in view of Lundblad (US 2020/0055287A1), since there is nothing in Lunblad that teaches or suggests using at least two separate paper sheets or two adhesives, where the first paper sheet or adhesive has a first color, and is at least partly exposed in the bevel, while a second paper sheet or adhesive, having a second color, is at least partly exposed in the at least one open structure of the wood veneer layer, and wherein the first color is different from the second color. This is not found persuasive because as shown by the 103 rejection below unity of invention still exists. The claim amendment, filed 12/1/2025, overcame the original restriction, however, unity of invention is still lacking as evidenced by the rejection below.
The requirement is still deemed proper and is therefore made FINAL.
Claims 19, 20, 23 and 25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/1/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 recites “wherein the adhesive comprises colouring”. However, claim 16 from which claim 18 depends from recites the adhesive is a first adhesive having a first colour. Thus, claim 18 fails to further limit the subject matter of claim 16. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 7-10, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ziegler et al. (US Pub. No. 2019/0210329A1) [hereinafter Ziegler ‘329] in view of Ziegler et al. (US Pub. No. 2015/0197943A1) [hereinafter Ziegler ‘943].
Regarding claim 1, Ziegler ‘329 discloses a building panel (Figs. 2-3; paragraph [0016]), comprising a core (substrate 1; paragraph [0051]), a sublayer (layers 2a and 2b) arranged above the core (1), a wood veneer layer (veneer layer 3; paragraph [0106]) arranged above the sublayer, wherein the wood veneer layer comprises at least one open structure (defects 6), and wherein the sublayer comprises at least two separate paper sheets (layers 2a and 2b), wherein a first paper sheet (layer 2a) of the at least two separate paper sheets, having a first color (paragraph [0049]), and wherein a second paper sheet (layer 2b) of the at least two separate paper sheets, having a second color (paragraph [0049]) and is at least partly exposed in the at least one open structure (6) of the wood veneer layer (Figs. 2-3), and wherein the first color is different from the second color (paragraph [0062] and [0085]).
Ziegler ‘329 fails to teach a bevel arranged at least partly along at least one side portion of the building panel wherein the sublayer is at least partly exposed in the bevel.
Ziegler ‘943 teaches that it is well known in the veneer element art to have a bevel provided on an edge of a building panel that extends into the sublayer such that the sublayer is visible from the top surface of the panel for the purpose of providing a desired decorative appearance (paragraph [0154]).
Therefore, 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 panel in Ziegler ‘329 to include a bevel arranged at least partly along at least one side portion of the building panel such that the sublayer is at least partly exposed in the bevel as suggested by Ziegler ’943 in order to provide the building panel with a decorative appearance if so desired.
Regarding claim 7, Ziegler’329 teaches the first paper sheet arranged side by side with the second paper sheet (Figs. 2-3, layers 2a and 2b).
Regarding claim 8, Ziegler ‘329 teaches the first paper sheet (layer 2a) being arranged in at least one rim portion of the building panel and the second paper sheet (layer 2b) being arranged in a centre portion of the building panel (Figs. 2-3).
Regarding claim 9, Ziegler ‘329 discloses wherein the second paper sheet (Fig. 2, layer 2b) is at least partly arranged on top of the first paper sheet (Fig. 2, layer 2a).
Regarding claim 10, Ziegler ‘329 discloses the second paper sheet (Fig. 2, layer 2b) is at least partly arranged on top of the first paper sheet (Fig. 2, layer 2a) in an area of the sublayer below the at least one open structure (6) of the wood veneer layer (Fig. 2, layer 3).
Regarding claim 16, Ziegler ‘329 discloses a building panel (Figs. 2-3; paragraph [0016]), comprising a core (substrate 1; paragraph [0051]), a sublayer (layers 2a and 2b) arranged above the core (1), wherein the sublayer comprises an adhesive (binder; paragraphs [0041-0045], [0063-0065] and [0086]), a wood veneer layer (veneer layer 3; paragraph [0106]) arranged above the sublayer, wherein the wood veneer layer comprises at least one open structure (defects 6), wherein the adhesive (binder) is a first adhesive (layer 2a) having a first color (claims 5 and 19), the building panel further comprising a second adhesive (layer 2b), the second adhesive (layer 2b) has a second color (claims 8 and 22) and is at least exposed in the at least one open structure (6) of the wood veneer layer (Figs. 2-3), and wherein the first color of the first adhesive is different from the second color of the second adhesive (paragraphs [0062] and [0085]; claims 8 and 22).
Ziegler ‘329 fails to teach a bevel arranged at least partly along at least one side portion of the building panel wherein the sublayer is at least partly exposed in the bevel.
Ziegler ‘943 teaches that it is well known in the veneer element art to have a bevel provided on an edge of a building panel that extends into the sublayer such that the sublayer is visible from the top surface of the panel for the purpose of providing a desired decorative appearance (paragraph [0154]).
Therefore, 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 panel in Ziegler ‘329 to include a bevel arranged at least partly along at least one side portion of the building panel such that the sublayer is at least partly exposed in the bevel as suggested by Ziegler ’943 in order to provide the building panel with a decorative appearance if so desired.
Regarding claim 18, Ziegler discloses the adhesive comprising coloring (claims 19 and 22).
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.
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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