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 .
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 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.
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.
Claims 1-3, 8, 10, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US Patent Application No. 2009/0162680) in view of Lloyd et al. (US Patent No. 3,455,733).
Regarding claim 1, Zheng et al. teach a composite wood product (page 1, paragraphs [0008]-[0010], page 2, paragraph [0018]) comprising a multiple layer substrate comprising wood strands (page 1, paragraphs [0008]-[0010], page 2, paragraph [0018]), said substrate comprising an upper face (page 1, paragraphs [0008]-[0010], page 2, paragraph [0018]); an overlay affixed to the upper surface (page 5, paragraph [0041]), said overlay comprising a melamine formaldehyde resin component (page 5, paragraph [0041]).
Zheng et al. fail to teach wherein the melamine formaldehyde resin component comprises butylated melamine formaldehyde resin. However, Lloyd et al. teach a cellulosic substrate impregnated with a butylated melamine formaldehyde resin (col. 1, lines 20-30).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the butylated melamine formaldehyde of Lloyd et al. in the overlay of Zheng et al. in order to produce a laminate at low cost and exhibits a high degree of crack and craze resistance (Lloyd et al., col. 1, lines 40-50).
Regarding claim 2, Zheng et al. teach wherein the melamine formaldehyde resin component does not comprise methylated melamine formaldehyde resin (entire document).
Regarding claim 3, Zheng et al. fail to teach wherein the melamine formaldehyde resin comprises 100% butylated melamine formaldehyde resin. However, Lloyd et al. teach a cellulosic substrate impregnated with a butylated melamine formaldehyde resin (col. 1, lines 20-30), wherein the melamine formaldehyde resin component comprises 100% butylated melamine formaldehyde resin (col. 1, lines 20-30).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the butylated melamine formaldehyde of Lloyd et al. in the overlay of Zheng et al. in order to produce a laminate at low cost and exhibits a high degree of crack and craze resistance (Lloyd et al., col. 1, lines 40-50).
Regarding claim 8, Zheng et al. fail to teach wherein the melamine formaldehyde resin comprises approximately 50% to approximately 100% butylated melamine formaldehyde resin. However, Lloyd et al. teach a cellulosic substrate impregnated with a butylated melamine formaldehyde resin (col. 1, lines 20-30), wherein the melamine formaldehyde resin component comprises 100% butylated melamine formaldehyde resin (col. 1, lines 20-30).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the butylated melamine formaldehyde of Lloyd et al. in the overlay of Zheng et al. in order to produce a laminate at low cost and exhibits a high degree of crack and craze resistance (Lloyd et al., col. 1, lines 40-50).
Regarding claim 10, Zheng et al. fail to teach wherein the melamine formaldehyde resin comprises approximately 75% to approximately 100% butylated melamine formaldehyde resin. However, Lloyd et al. teach a cellulosic substrate impregnated with a butylated melamine formaldehyde resin (col. 1, lines 20-30), wherein the melamine formaldehyde resin component comprises 100% butylated melamine formaldehyde resin (col. 1, lines 20-30).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the butylated melamine formaldehyde of Lloyd et al. in the overlay of Zheng et al. in order to produce a laminate at low cost and exhibits a high degree of crack and craze resistance (Lloyd et al., col. 1, lines 40-50).
Regarding claim 14, Zheng et al. teach wherein the overlay is a paper overlay (page 5, paragraph [0041]).
Regarding claim 15, Zheng et al. teach wherein the overlay is not fissured (entire document).
Claims 4-7, 9, 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US Patent Application No. 2009/0162680) in view of Lloyd et al. (US Patent No. 3,455,733), in further view of Ong et al. (US Patent Application No. 2008/0017307).
Zheng et al. and Lloyd et al. are relied upon as disclosed above.
Regarding claim 4, Zheng et al. fail to teach wherein the melamine formaldehyde resin component comprises approximately 1% to approximately 10% butylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprises butylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component comprises approximately 1% to approximately 10% butylated melamine formaldehyde resin. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the amount of butylated melamine formaldehyde of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 5, Zheng et al. fail to teach wherein the formaldehyde resin component comprises approximately 10% butylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component comprises approximately 10% butylated melamine formaldehyde resin. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the amount of butylated melamine formaldehyde of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 6, Zheng et al. fail to teach wherein the melamine formaldehyde resin component comprises approximately 10% to approximately 25% butylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component comprises approximately 10% to approximately 25% butylated melamine formaldehyde resin. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the amount of butylated melamine formaldehyde of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 7, Zheng et al. fail to teach wherein the melamine formaldehyde component comprises approximately 25% to approximately 50% butylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component comprises approximately 25% to approximately 50% butylated melamine formaldehyde resin. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the amount of butylated melamine formaldehyde of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 9, Zheng et al. fail to teach wherein the melamine formaldehyde component comprises approximately 50% to approximately 75% butylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component comprises approximately 50% to approximately 75% butylated melamine formaldehyde resin. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the amount of butylated melamine formaldehyde of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 11, Zheng et al. fail to teach wherein the melamine formaldehyde component comprises approximately 50% butylated melamine formaldehyde resin and approximately 50% methylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin and methylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component comprises approximately 50% butylated melamine formaldehyde resin and 50% methylated melamine formaldehyde resin. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin and methylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the butylated melamine formaldehyde resin and methylated melamine formaldehyde resin of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 12, Zheng et al. fail to teach wherein the melamine formaldehyde resin component further comprises methylated melamine formaldehyde resin. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin and methylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the methylated melamine formaldehyde resin of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Regarding claim 13, Zheng et al. fail to teach wherein the melamine formaldehyde resin component is a combination of said butylated melamine formaldehyde resin and methylated melamine formaldehyde resin, wherein the percentage amount of each sum to 100%. However, Ong et al. teach a laminate comprising an overlay comprising a melamine formaldehyde resin component (page 2, paragraphs [0022], [0023]), wherein the melamine formaldehyde resin component comprising butylated melamine formaldehyde resin and methylated melamine formaldehyde resin (page 1, paragraph [0015], page 2, paragraphs [0022], [0023]).
Ong et al. do not disclose wherein the melamine formaldehyde resin component is a combination of said butylated melamine formaldehyde resin and methylated melamine formaldehyde resin, wherein the percentage amount of each sum to 100%. However, where in the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges in amount involve only routine skill in the art, absence a showing of criticality. MPEP 2144.05 II. One would have been motivated to modify the amount of butylated melamine formaldehyde resin and methylated melamine formaldehyde resin in order to provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the methylated melamine formaldehyde resin of Ong et al. in the overlay of Zheng et al. provide excellent grease and water resistance and low flammability (Ong et al., page 1, paragraph [0005]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINESSA GOLDEN whose telephone number is (571)270-5543. The examiner can normally be reached on Monday - Friday; 8:00 - 4:00 EST.
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/Chinessa T. Golden/Primary Examiner, Art Unit 1788 7/31/2025