DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are pending in this application.
Priority
3. Acknowledgement is made of applicant’s claim for foreign priority based on application EUROPEAN PATENT OFFICE (EPO) 21188281.6 filed on 07/28/2021 under 35 U.S.C 119(a)-(d). However, only some certified copy of the foreign priority documents has received.
Acknowledgment is made that this application is a national stage filing under 35 U.S.C. 371 of international application no. PCT/IB2022/056613 filed on 07/19/2022.
Drawings
4. The drawing has been filed on 01/27/2024 are acceptable for examination purpose.
Information Disclosure Statement
5. The information disclosure statement filed on 01/27/2024 is in compliance with the provision of the 37 CFR 1.97 and therefore has been considered.
Double Patenting
6. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
7. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of Grillet et al., US Co-Pending Patent Application No. 18/293,237.
It is clear that all the elements of the instant application independent claim 1 is to be rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US Co-Pending Patent Application No. 18/293,237. Although the conflicting claims are not identical, they are not patentably distinct from each other because both the claims of instant application and the claims of US Co-Pending Patent Application No. 18/293,237 are almost same in scope. Omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same function as before. See In re KARLSON (CCPA) 136 USPQ 184 (1963).
Claim 1 (independent) of this instant application is patentably indistinct from claim 1 of US Co-Pending Patent Application No. 18/293,237. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Koyama et al. [hereafter Koyama], EP Pub 2500177 (cited in IDS) in view of Karthikeyan et al. [hereafter], US Pub 2019/0061317 (cited in IDS).
As to claim 1 [independent], Koyama teaches a method for manufacturing a printed decorative layer the method comprising [abstract]:
providing a first printable or printed substrate wherein the first printable or printed substrate includes a thermoplastic layer [abstract, 0003, 0007, 0010 Koyama teaches that the processing device provides print data include additional layer of image having molded object formation and forming an printed layer on a part of the print sheet by a first colorant in a molded object formation process];
performing at least one predetermined operation on the first substrate [abstract, 0003, 0007, 0010 Koyama teaches that the processing device provides print data include additional layer of image having molded object formation and forming an printed layer on a part of the print sheet by a first colorant in a molded object formation process], wherein the predetermined operation causes a deformation of the first substrate in at least one direction [0012 Koyama teaches that the processing device measures the deformation to acquire a surface area change rate as the degree of deformation as at least deformation parameter, the surface area change rate being a ratio of a surface area after deformation in the respective regions of the print sheet to a surface area before deformation indicative of first master image];
measuring the deformation to obtain at least one deformation parameter; providing a first master image [0012 Koyama teaches that the processing device measures the deformation to acquire a surface area change rate as the degree of deformation as at least deformation parameter, the surface area change rate being a ratio of a surface area after deformation in the respective regions of the print sheet to a surface area before deformation indicative of first master image];
wherein the image processing operation involves at least modifying the first master image on the basis of the at least one deformation parameter [0012, 0056-0058 Koyama teaches that the image processing operation involves the color compensation or modification process for the first image based on the at least one of the deformation parameter].
Koyama doesn’t teach performing an image processing operation on the first master image to obtain a second master image;
printing the second master image on a second printable substrate to obtain the decorative layer;
Karthikeyan teaches performing an image processing operation on the first master image to obtain a second master image [figs. 1-7; 0020-0027 Karthikeyan teaches that an image processing operation is executed on first image to obtain second image];
printing the second master image on a second printable substrate to obtain the decorative layer [figs. 1-6; 0020-0028 Karthikeyan teaches that printing the second image 20 as shown in at least fig. 5 to obtain the decorative layer, and digitally printed decorative surfacing material is produced];
Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to incorporate Karthikeyan teaching to perform an image processing operation on the first image to obtain a second image to modify Koyama’s teaching to apply a textured layer upon a substrate, process a digital image to compensate for additional surface area provided by the textured layer so as to produce a resultant digital image and is digitally printed upon the textured layer.. The suggestion/motivation for doing so would have been benefitted to the user to layer improve adhesion of the ink to the primed and textured substrate and further improves the ability to alter the XY image which similarly improves the resolution of such processing vastly.
As to claim 2 [dependent from claim 1], Koyama teaches wherein the at least one deformation parameter is a scale parameter [0051 Koyama teaches that executing color compensation for correcting changes in the hue of the image, which occur due to deformation during molding of the sheet S, to the desired hue, using a color compensation conversion lookup table (LUT) 64 in order to reflect these changes, and the color compensation conversion LUT 64 is set so that when the color value (target color) remains the same, the greater the surface area deformation rate (%)) after deformation, the greater the amount of colorant formed]; and
wherein the image processing operation involves enlarging or reducing one or more dimensions of the first master image on the basis of the at least one deformation parameter [0051, 0056-0058 Koyama teaches that executing color compensation for correcting changes in the hue of the image, which occur due to deformation during molding of the sheet S, to the desired hue, using a color compensation conversion lookup table (LUT) 64 in order to reflect these changes, and the color compensation conversion LUT 64 is set so that when the color value (target color) remains the same, the greater the surface area deformation rate (%)) after deformation, the greater the amount of colorant formed].
As to claim 3 [dependent from claim 1], Koyama teaches wherein the image processing operation involves deforming the first master image of a deformation that is opposite to the measured deformation [0049-0050 Koyama teaches that the deformed image processing task is performed to correct shape drifting or color drifting occurring in the image (including characters, patterns, etc.) formed in the surface of the molded article (the sheet S after molding) due to deformation that accompanies the molding of the sheet S].
As to claim 4 [dependent from claim 1], Koyama teaches wherein the image processing operation involves modifying the first master image on the basis of at least one modification parameter that is function of the at least one deformation parameter [0012, 0051, 0056-0058 Koyama teaches that executing color compensation for correcting changes in the hue of the image, which occur due to deformation during molding of the sheet S, to the desired hue, using a color compensation conversion lookup table (LUT) 64 in order to reflect these changes, and the color compensation conversion LUT 64 is set so that when the color value (target color) remains the same, the greater the surface area deformation rate (%)) after deformation, the greater the amount of colorant formed].
As to claim 5 [dependent from claim 1], Koyama teaches wherein the image processing operation involves: dividing the first master image into at least two areas[0012, 0051, 0056-0058 Koyama teaches that executing color compensation for correcting changes in the hue of the image, which occur due to deformation during molding of the sheet S, to the desired hue, using a color compensation conversion lookup table (LUT) 64 in order to reflect these changes, and the color compensation conversion LUT 64 is set so that when the color value (target color) remains the same, the greater the surface area deformation rate (%)) after deformation, the greater the amount of colorant formed]; and
modifying at least one of the areas [0012, 0051, 0056-0058 Koyama teaches that executing color compensation for correcting changes in the hue of the image, which occur due to deformation during molding of the sheet S, to the desired hue, using a color compensation conversion lookup table (LUT) 64 in order to reflect these changes, and the color compensation conversion LUT 64 is set so that when the color value (target color) remains the same, the greater the surface area deformation rate (%)) after deformation, the greater the amount of colorant formed].
As to claim 6 [dependent from claim 5], Koyama teaches wherein the image processing operation involves modifying each area on the basis of a different modification parameter [0012, 0028, 0051, 0056-0058 Koyama teaches that executing color compensation for correcting changes in the hue of the image, which occur due to deformation during molding of the sheet S, to the desired hue, using a color compensation conversion lookup table (LUT) 64 in order to reflect these changes, and the color compensation conversion LUT 64 is set so that when the color value (target color) remains the same, the greater the surface area deformation rate (%)) after deformation, the greater the amount of colorant formed].
As to claim 7 [dependent from claim 1], Koyama teaches printing at least a pattern on the first printable substrate [figs. 1-7; abstract, 0003].
As to claim 8 [dependent from claim 1], Koyama teaches printing a plurality of patterns on respective portions of the first printable substrate [figs. 1-7; abstract, 0003, 0016-0017 Koyama teaches that the relationship between the degree of deformation of the print sheet, the color before deformation, and the color after deformation reflecting a color change accompanying the deformation, and a color determining part configured to determine the color of the image formed in the respective regions of the print sheet based on the degree of deformation acquired by the deformation degree acquisition part and the color correspondence relationship stored by the color correspondence relationship storage part].
As to claim 9 [dependent from claim 8], Koyama teaches wherein each pattern of the plurality is printed with a respective predetermined ink amount [figs. 1-7; abstract, 0003, 0016-0017 Koyama teaches that the print data is outputted to a printer for forming the image by a plurality of colorants including at least cyan, magenta, yellow, black, and white, and the image and the printed layer are formed on the print medium, the white colorant is used as the first colorant].
As to claim 10 [dependent from claim 7], Koyama teaches wherein the pattern differs from the first master image [0016, 0069 Koyama teaches that the image is formed on the medium S by cyan (c), magenta (m), yellow (y), and black (k) ink and a white layer is formed by white (w) ink, but another option is to form an image on the sheet S by cyan (c), magenta (m), yellow (y), black (k), and white (w) ink to reflect the effect of the change in color caused by deformation].
As to claim 11 [dependent from claim 1], Koyama teaches identifying a plurality of sectors on the surface of the first printable or printed substrate [figs. 8-9; 0056-0057]; and
measuring the deformation to obtain at least one deformation parameter for each of the sectors [figs. 8-9; 0056-0057].
As to claim 12 [dependent from claim 1], Koyama teaches wherein the predetermined operation is selected from the group comprising: heating [0072] , pressing, and/or laminating.
As to claim 13 [dependent from claim 1], Koyama teaches wherein the printing is performed via inkjet printing [0072].
As to claim 14 [dependent from claim 1], Koyama teaches wherein the printing is performed via UV curable inks, water-based inks, or hydro-UV curable inks [0046].
As to claim 15 [dependent from claim 1], Koyama teaches wherein the first printable or printed substrate comprises an ink receiver layer and/or an adhesion promoter layer [abstract, 0003 Koyama teaches that the device in which a first printed layer is formed on paper or another substrate by offset printing using colored infrared-absorbent ink on the positive portion of the image being printed, a second printed layer is also formed on the substrate by offset printing using infrared-transmissive ink of the same color on the negative portion of the image, and a camouflage pattern layer is formed on the top layer of the first printed layer and second printed layer by offset printing using an infrared-transmissive ink].
As to claim 16 [dependent from claim 1], Koyama teaches wherein the second substrate is the same of the first substrate [abstract, 0003 Koyama teaches that the device in which a first printed layer is formed on paper or another substrate by offset printing using colored infrared-absorbent ink on the positive portion of the image being printed, a second printed layer is also formed on the substrate by offset printing using infrared-transmissive ink of the same color on the negative portion of the image, and a camouflage pattern layer is formed on the top layer of the first printed layer and second printed layer by offset printing using an infrared-transmissive ink].
As to claim 17 [dependent from claim 1], Koyama teaches wherein the second substrate comprises one or more features in common with the first substrate [abstract, 0003 Koyama teaches that the device in which a first printed layer is formed on paper or another substrate by offset printing using colored infrared-absorbent ink on the positive portion of the image being printed, a second printed layer is also formed on the substrate by offset printing using infrared-transmissive ink of the same color on the negative portion of the image, and a camouflage pattern layer is formed on the top layer of the first printed layer and second printed layer by offset printing using an infrared-transmissive ink].
As to claim 18 [dependent from claim 1], Koyama teaches a method for manufacturing a panel, the method comprising: providing a substrate; attaching a decorative layer obtained from the method according to claim 1 on the substrate [abstract, 0003, 0046 Koyama teaches that the device in which a first printed layer is formed on paper or another substrate by offset printing using colored infrared-absorbent ink on the positive portion of the image being printed, a second printed layer is also formed on the substrate by offset printing using infrared-transmissive ink of the same color on the negative portion of the image, and a camouflage pattern layer is formed on the top layer of the first printed layer and second printed layer by offset printing using an infrared-transmissive ink].
As to claim 19 [dependent from claim 18], Koyama teaches wherein the decorative layer is subject to the predetermined operation [abstract, 0046].
As to claim 20 [dependent from claim 1], Koyama teaches a decorative layer for a decorative panel obtained from the method according to claim 1 [abstract, 0046].
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENNY QUOC TIEU whose telephone number is (571)272-7490. The examiner can normally be reached on Monday/Friday from 9:00AM to 5:30PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Benny Tieu, can be reached on (571)272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The Examiner’s personal fax number is (571)270-4917.
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/HARIS SABAH/Examiner, Art Unit 2682