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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-6, and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Clement et al. (DE 202018006588 U1) in view of Bauer (US 20120135259 A1).
Regarding claim 1, Clement teaches a method for manufacturing paper printable with an inkjet printer and/or analog printing for use as a decor paper in a laminate panel (Paragraph [0001] describes a method for manufacturing an ink jet printable paper or sheet to use as "decorative paper or sheet" for manufactured decorative panels.), the method comprising:
providing a paper layer (Paragraph [0013] describes the first step of the method is to provide a paper layer.);
coating at least one side of the paper layer with an ink receiver coating (Paragraph [0013] describes the second step of the method to be coating at least one side of the paper layer with an inkjet ink-receiving coating.);
wherein the ink receiver coating includes a binder (Paragraph [0013] describes how the inkjet ink-receiving coating in the second step comprises a binder.) and the binder is polyvinyl alcohol (Paragraph [0025] describes how polyvinyl alcohols are used at least or mainly for the binder in the inkjet ink-receiving coating.);
providing the paper layer with an ink adhesion promoter in the ink receiver coating (Paragraph [0023] describes an adhesion promoter, such as amino-organo-silanes, and /or other silanes are included and applied in the method.);
Clement fails to teach wherein the ink adhesion promoter includes urea-based promoter, polyurethane-based promoter, casein-based promoter, styrene-based promoter, polyester-based promoter, alkyd- based promoter, ketone-based promoter, melamine-based promoter, silicone-based promoter, cellulose-based promoter, gum-based promoter, acrylic-based promoter or a mixture or a copolymer thereof.
However, Bauer teaches wherein the ink adhesion promoter includes urea-based promoter, polyurethane-based promoter, casein-based promoter, styrene-based promoter, polyester-based promoter, alkyd- based promoter, ketone-based promoter, melamine-based promoter, silicone-based promoter, cellulose-based promoter, gum-based promoter, acrylic-based promoter or a mixture or a copolymer thereof (Paragraph [0033] describes an adhesion promoter where “… primers on a polyurethane basis, polyester basis or also epoxy resin basis, known per se, can be used as…” an adhesion promoter.).
Clement and Bauer are considered analogous to the art because they are in the same field involving a method for an inkjet printer for printable medium. Therefore, it would be obvious for someone with ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Clement to also apply wherein the ink adhesion promoter includes urea-based promoter, polyurethane-based promoter, casein-based promoter, styrene-based promoter, polyester-based promoter, alkyd- based promoter, ketone-based promoter, melamine-based promoter, silicone-based promoter, cellulose-based promoter, gum-based promoter, acrylic-based promoter or a mixture or a copolymer thereof taught by Bauer. This would have been done for the purpose of promoting the adhesion of the paper medium and the dyeing liquid when the dyeing liquid is applied (Bauer, paragraph [0035]).
Regarding claim 4, the combination of Clement and Bauer teaches the method according to claim 1, Clement further discloses wherein the ink adhesion promoter is provided in an amount above 0.2 g/sqm (Paragraph [0029] describes how the "particle surface modifying agents or adhesion promoters" ranged between 0.05 - 5 g/sqm).
Regarding claim 5, the combination of Clement and Bauer teaches the method according to claim 1, Clement further discloses wherein the ink receiver coating comprises a pigment (Paragraph [0013] describes how the inkjet ink-receiving coating in the second step comprises at least a pigment.).
Regarding claim 6, the combination of Clement and Bauer teaches the method according to claim 5, Clement further discloses wherein the pigment comprises silica (Paragraph [0023]-[0024] describe how silica particles are used at least or mainly for the pigment of the inkjet ink-receiving coating and gives several examples.).
Regarding claim 8, the combination of Clement and Bauer teaches a printable paper obtained according to the method of claim 1 (Clement, paragraph [0001] and [0062] describe how the manufacturing method makes ink jet printable paper or sheets obtained for manufacturing decorative panels.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/N.D.Q./Examiner, Art Unit 2853
/RICARDO I MAGALLANES/Supervisor Patent Examiner, Art Unit 2853