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 (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.
Status of Claims
Claims 1-15 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication WO 2020/095196 to Clement et al. cited in the Information Disclosure Statement filed 22 November 2023 (herein Clement).
Regarding claim 1, Clement teaches a method for producing a coated panel (abstract) wherein the panel comprises at least a substrate and a top layer having a décor layer and a wear layer corresponding to the substrate material, decorative layer, and thermosetting resin recited in the instant claims (page 3, lines 1-7). Clement teaches that the wear layer is formed from a thermally cured acrylate resin and/or a thermally cured unsaturated polyester resin (page 3, lines 1-7). Clement teaches that the décor layer comprises a carrier sheet (page 9, lines 27-28) that can be saturated with a polyurethane to improve adhesion (page 12, lines 1-12) wherein the polyurethane corresponds to the adhesive material recited in the instant claims. Clement teaches that the substrate can be made of a synthetic material such as polyvinyl chloride (herein PVC) or polyurethane (page 29, lines 10-15) that can be extruded in-line with the coated panel production process (page 49, lines 1-5). Clement teaches that the joining of the layers can be a continuous process (page 17, lines 27-30).
Regarding claims 2 and 4, Clement teaches all the limitations of claim 1 as discussed above.
Clement teaches that the décor layer and the wear layer can be formed and the thermally cured acrylate resin and/or thermally cured unsaturated polyester resin can be at least partially cured by means of hot pressing (page 16, line 23 – page 17, line 3).
Regarding claim 3, Clement teaches all the limitations of claim 1 as discussed above.
As discussed above, Clement teaches a décor layer and a wear layer wherein the décor layer can be a paper sheet (page 9, lines 27-28).
Regarding claims 5 and 6, Clement teaches all the limitations of claim 1 as discussed above.
As discussed above, Clement teaches that the décor layer carrier sheet is saturated with a polyurethane (page 12, lines 1-12).
Regarding claim 7, Clement teaches all the limitations of claim 1 as discussed above.
Clement teaches that the monomers used to form the adhesion promoting polyurethane are absorbed into the substrate (page 14, lines 1-3).
Regarding claims 8 and 9, Clement teaches all the limitations of claim 1 as discussed above.
As discussed above, Clement teaches that a polyurethane can be used to improve adhesion (page 12, lines 1-12) and the substrate can be made of a synthetic material such as polyurethane (page 29, lines 10-15).
Regarding claim 12, Clement teaches all the limitations of claim 1 as discussed above.
Figs 1 and 2 of Clement show flooring panels made from the coated panels via separating the coated panel and providing the flooring panels with a mechanical coupling means along the edges (page 44, lines 11-29).
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clement.
Regarding claim 13, Clement teaches a coated panel (abstract) wherein the panel comprises at least a substrate and a top layer corresponding to the laminated decorative material recited in the instant claims having a décor layer and a wear layer corresponding to the decorative layer and thermosetting resin recited in the instant claims (page 3, lines 1-7). Clement teaches that the wear layer is formed from a thermally cured acrylate resin and/or a thermally cured unsaturated polyester resin (page 3, lines 1-7). Clement teaches that the décor layer comprises a carrier sheet made from a paper sheet (page 9, lines 27-28) that can be saturated with a polyurethane to improve adhesion (page 12, lines 1-12) corresponding to the polymeric material recited in the instant claims.
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clement.
Regarding claim 15¸Clement teaches a method for producing a coated panel (abstract) wherein the panel comprises at least a substrate and a top layer having a décor layer and a wear layer (page 3, lines 1-7). Clement teaches that the wear layer is formed from a thermally cured acrylate resin and/or a thermally cured unsaturated polyester resin (page 3, lines 1-7). Clement teaches that the décor layer comprises a carrier sheet (page 9, lines 27-28) that can be saturated with a polyurethane to improve adhesion (page 12, lines 1-12). Clement teaches that the substrate can be formed from textile layers such as spunbond nonwoven layers and that the coated panel can be produced by hot pressing the substrate, décor layer, and wear layer (page 29, line 29 – page 30, line 8).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 10-11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Clement as applied above.
Regarding claims 10 and 11, Clement teaches all the limitations of claim 1 as discussed above
Clement teaches that the substrate can be a composite formed from filled PVC wherein the filler is calcium carbonate wherein the filler content is as much as 80 to 85 wt% of the composite and the plasticizer content of the composite is less than 5 wt%, i.e. the PVC and filler amount to greater than 95 wt% of the substrate, (page 29, lines 10-19) which overlaps the claimed range. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Regarding claim 14, Clement teaches all the limitations of claim 13 as discussed above.
Clement teaches that the wear layer has a coating weight of 10 to 300 gsm (page 15, lines 13-15) and the polyurethane adhesion promoter has a coating weight 10 to 20 gsm (page 12, lines 26-29). Combining these two coating weights yields a ratio that overlaps the claimed range. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. MPEP 2144.05 (I).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY M DAVIS whose telephone number is (571)272-6957. The examiner can normally be reached M-F 7-4:30, off 2nd Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria V Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZACHARY M DAVIS/Primary Examiner, Art Unit 1783