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 (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.
Claim(s) 1-4, 6-13, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al, U.S. Patent Application Publication No. 2022/0212455 in view of 2011/0190112.
Wu discloses a composite structure comprising a nonwoven mat and a layer adhered to the nonwoven mat. The layer can be a plastic layer. See paragraph 0006. The nonwoven can be formed from glass, polymeric, miner, carbon, ceramic or natural fibers. See paragraph 0017. The glass can be A, C, E, S, ECR glass fibers. The glass fibers can have a fiber diameter of 6.5-20 microns, and blends of smaller and larger diameter glass fibers can also be used. See paragraph 0019. The glass fibers can have various length, from 0.25-2 inches. See paragraph 0020. Further, blends of glass and other types of fibers such as synthetic fibers can be used. See paragraph 0021, wherein the synthetic fibers can have a length of 1-25.4 mm and diameters of 3-20 microns and can be polyolefin or polyester fibers. Note that PET is a well-known type of polyester and therefore it would have been obvious to have employed PET fibers as the polyester fibers. See paragraphs 0022-0023. Additionally, the glass and synthetic fibers can be combined with natural fibers which can generally have a diameter of 5-45 microns and a variety of length from 1-26.4 mm. See paragraphs 0025-0027. The binder composition can include a thermoplastic material such as a polyacrylic acid, (which is a polyacrylate), wherein the binder is present in amounts of up to 90-99 % based on the total weight of the binder composition. The binder composition can include additional components including wetting agents, dyes, oils, filler, colorants, lubricants, UV stabilizers, etc., in amounts of 0-10% based on the total weight of binder composition. See paragraph 0034. The nonwoven can have a basis weight of 25-300 gsm and a thickness of 0.25-2 mm. See paragraph 0036-0037. The binder can be present in the nonwoven layer in amounts of 5-30% by weight. See paragraph 0029. The binder can include water and thus is an aqueous polymer binder. See paragraph 0035. The cover layer can be a polymer layer which is laminated to the nonwoven layer, which can be formed from a polyolefins, polyester, polyamide, polyimide, polyacrylate or polyurethane. Note that PET is a well-known and conventional type of polyester and therefore the use of PET would have been obvious to have used PET as the polyester. See paragraph 0040. The polymer layer can also include additives such as filler, fire retardants, dyes, pigments, etc. See paragraph 0041. The polymer layer can have a range of basis weights of 10-100 gsm. See paragraph 0042. The polymer layer can have a thickness of 1-300 microns. See paragraph 0043. The structure of Wu is suitable for use as an insulation product or as a facer for boards, decorative laminates, composite boards or floor coverings because it has the same structure as the claimed structure.
Wu differs from the claimed invention because while it discloses employing 10 % oils or lubricants, it does not clearly disclose employing a polymeric wax.
However, Sinnige discloses a binder for fiberglass and mineral wool. See paragraphs 0002, 0037-0038. The binder composition can comprise an aqueous polymer binder and an oil, wherein the oil can be a wax. See paragraphs 0054-0069.
Therefore, it would have been obvious to one of ordinary skill in the art to have employed wax as the oil in Wu, in view of the teaching of Sinnige that oils for use in aqueous binder compositions can be waxes.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Sinnige as applied to claims above, and further in view of Aydin et al, U.S. Patent Application Publication No.2019/0226141.
Wu in view of Sinnige discloses employing wax but does not clearly teach employing polyolefin wax.
However, Aydin teaches employing polyethylene was as an additive in binder compositions for nonwovens.
Therefore, it would have been obvious to have employed a polyolefin wax as taught by Aydin in view of its art recognized suitability for this intended purpose.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Sinnige as applied to claims above, and further in view of Bell, U.S. Patent Application Publication No. 2022/0396915.
Wu in view of Sinnige disclose a laminate as claimed. Wu teaches that the composite material can be used to form floor coverings but does not disclose incorporating a foam layer.
However, Bell discloses that carpet tiles which include a nonwoven layer and a polymer layer can further comprise a foam layer. See paragraph 0035.
Therefore, it would have been obvious to have added a foam layer to the structure of Wu in order to provide additional cushioning and/or insulation to the floor covering of Wu.
Applicant's arguments filed 1/8/26 have been fully considered but they are not persuasive. Applicant argues that Sinnige does not teach the claimed amount of wax. However, Wu already teaches up to 10% of oils or lubricants in a binder composition, but simply fails to teach that wax is a suitable oil or lubricant. Sinnige is relied on for the teaching that wax is a known and useful oil/lubricant for use in similar binders.
Applicant’s amendments have removed the 112 rejection.
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 ELIZABETH M IMANI whose telephone number is (571)272-1475. The examiner can normally be reached Monday-Wednesday 7AM-7:30; Thursday 10AM -2 PM.
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/ELIZABETH M IMANI/Primary Examiner, Art Unit 1789
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