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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 81, 85 and 92 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claims 81, 85 and 92 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The various characteristics of the process as recited in claim 81, the characteristics of the attachment of the plastic strand as recited in claim 85 and the properties of the composite as recited in claim 92 have been rendered indefinite by the use of the term, “substantially”.
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.
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.
Claims 79, 80, 85, 87 and 89 are rejected under 35 U.S.C. 103 as being unpatentable over Urrutia Bazan et al. (U.S. Patent Application Publication No. 2019/0023045 A1) in view of Doellken (European Patent Publication No. EP 1852242 A1, machine language translation provided and cited below) and Kostenbader et al. (U.S. Patent Application Publication No. 2019/0061087 A1).
Regarding claim 79, Urrutia discloses a method for edge coating a plate-shaped substrate by applying an edge coating to at least one edge of a plate-shaped substrate (Abstract of Urrutia, method for edging parts; FIG. 1 of Urrutia, part #2 is plate shaped), wherein the method comprises the following method steps: (a) producing a thermoplastic plastic strand by using extrusion ([0004] of Urrutia, extruded plastic strip applied to edge of boards), (b) applying and fixing of the thermoplastic plastic strand to at least one edge of the plate-shaped substrate in such a way that an edge coating of the plate-shaped substrate results (FIG. 2 of Urrutia, part #2 is edges; [0031] of Urrutia, white plastic strip may be placed on edge before printing), wherein a bond of the plate-shaped substrate with the edge coating applied and fixed thereto results ([0031] of Urrutia, white plastic strip placed on edge of party would necessarily be attached or fixed to the part), (c) applying a printing onto the thermoplastic plastic strand ([0031] of Urrutia, printing applied to white plastic strip applied to edge of part), wherein in method step (c) the application of the printing is carried out by multicolor printing using a plurality of printing inks of different colors ([0025] of Urrutia, four color ink-jet printer used) and wherein the printing inks are applied onto the thermoplastic plastic strand in at least one of a dot-form and a screen-form ([0027] of Urrutia, ink applied as dots), wherein the resulting coloring is produced by at least one of superpositioning and juxtapositioning the printing inks ([0025] of Urrutia, color inkjet printing necessarily involves superpositioning and/or juxtapositioning of the four primary colors to create additional colors), and wherein in method step (c) the application of the printing is carried out and controlled electronically in a computer-based way by using digital printing ([0034] of Urrutia, printing is computer-based digital printing), wherein the print image to be produced in the course of the printing is configured and predetermined in an electronically-based way ([0034] of Urrutia, computer based digital printing in necessarily electronically based); wherein, initially, the dimensions of the area of the plate-shaped substrate to be provided with the edge coating and with the printing are determined ([0034] of Urrutia, width of edge used to generate image and would therefore have to be determined) and, subsequently, the producing of the thermoplastic plastic strand and the applying and fixing of the thermoplastic plastic strand and the application of the printing are adapted each to the determined dimensions and are controlled each electronically in a computer-based way in accordance with the determined dimensions ([0031] of Urrutia, white plastic strip placed on edge; [0034] of Urrutia, image adapted to width of edge), and wherein, at first, before the application of the printing and before method step (c), the optical configuration of the plate substrate is electronically determined and analyzed and, subsequently, in method step (c) the printing is configured and adapted in accordance with the optical configuration ([0034] of Urrutia, part #2 scanned to generate image which is used to generate a processed image for printing).
Urrutia does not specifically disclose that the thermoplastic strand is a heat-adhesive thermoplastic plastic strand. Doellken, however, discloses a thermoplastic cover strip which can be stuck onto the edge of a board via a hot-melt adhesive layer (Abstract of Doellken). According to Doellken, the strip can be fastened to the edge of a panel by simple and cost-effective production without a visible joint ([0005] of Doellken). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to attach the strip to the panel in the method of Urrutia using a hot-melt adhesive. One of skill in the art would have been motivated to do so in order to fasten the strip to the edge of the panel by a simple and cost-effective production without a visible joint as taught by Doellken ([0005] of Doellken).
Urrutia also does not specifically disclose that the dimensions of the area of the plate-shaped substrate to be provided with the edge coating and with the printing are determined electronically in a computer-based way. Kostenbader, however, discloses a method of coating a workpiece wherein the dimensions of the workpiece are measured using a controller (i.e., in a computer-based way) and the measured dimensions are used to control downstream processing of the workpiece (Abstract, [0035] of Kostenbader). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention determine the dimensions of the area of the plate-shaped substrate to be provided with the edge coating and with the printing electronically in a computer-based way. One of skill in the art would have been motivated to do so in order to use the dimensions to control downstream processing of the workpiece as taught by Kostenbader (Abstract, [0035] of Kostenbader).
Regarding claim 80, Urrutia discloses that the plate-shaped substrate is selected among plate-shaped wood parts and plate- shaped furniture part ([0002] of Urrutia, wood and furniture parts); and wherein the thermoplastic plastic strand is selected among plastic profile strands, plastic films and plastic edge bands ([0031] of Urrutia, plastic strip placed on edge of part).
Regarding claim 85, Doellken discloses that, in method step (b), the thermoplastic plastic strand is applied and fixed at least substantially over the entire surface and at least substantially without interruption and at least substantially homogeneously and with uniform thickness on the at least one edge of the plate-shaped substrate ([0012], FIG. 1 of Doellken, hot-melt adhesive applied at a defined thickness by co-extrusion and would therefore extend over an entire surface of the edge strip).
Regarding claim 87, Urrutia discloses that applying and fixing the thermoplastic plastic strand to the at least one edge of the plate-shaped substrate in method step (b) is carried out without using a surface activation ([0031] of Urrutia, surface activation not disclosed during step of placing strip on edge).
Regarding claim 89, Urrutia discloses that, in method step (c), the application of the printing is carried out using at least one printing ink which is applied by means of at least one of ink-jet printing and laser printing ([0025] of Urrutia, inkjet printer used; claim only requires one of the recited printing types), wherein the printing ink is UV-curable ([0027], [0031] of Urrutia, ink is UV-curable).
Claims 81-84, 90 and 91 are rejected under 35 U.S.C. 103 as being unpatentable over Urrutia in view of Doellken and Kostenbader as applied to claim 79 above and further in view of Schreier (German Patent Publication No. DE 10 2006 030 624 A1, machine language translation provided and cited below).
Regarding claim 81, Urrutia does not specifically disclose that the method comprising the overall operation of the method steps (a), (b) and (c) is carried out at least substantially continuously with at least substantially uninterrupted process operation. Schreier, however, discloses a method comprising providing an edge strip by extrusion, printing the edge strip and mounting the edge strip to a furniture edge in a continuous process ([0004], [0012] of Schreier). According to Schreier, the method results in reduces material and storage costs compared to conventional methods ([0003] of Schreier). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention perform the steps in the modified method continuously. One of skill in the art would have been motivated to do so in order to reduce material and storage costs as taught by Schreier ([0003] of Schreier).
Regarding claim 82, Schreier discloses the method comprising the overall operation of the method steps (a), (b) and (c) is carried out discontinuously ([0036] of Schreier, pre-fabricated edge strip wound on a supply spool is provided an unwound by a supply device).
Regarding claim 83, Schreier discloses that, in method step (a), the thermoplastic plastic strand is produced, via extrusion, in a moldable and heat-adhesive state by using heat application to a temperature above the softening range of the thermoplastic plastic strand ([0036] of Schreier, thermoplastic material melted and extruded to form edge strip).
Regarding claim 84, Schreier discloses that, in method step (a), producing the heat-adhesive thermoplastic plastic strand is carried out by means of one of nozzle extrusion and roller discharge, wherein producing the thermoplastic resin strand takes place at a speed in the range from 1 m/min to 300 m/min ([0028] of Schreier, edge strip extruded at speed of 1 m/s (i.e., 60 m/min).
Regarding claim 90, Schreier discloses that, in method step (c), the thermoplastic plastic strand, after the application of the printing ink, is provided with a finishing layer ([0029] of Schreier, printed side of edge strip coated with clear varnish).
Regarding claim 91, Schreier discloses that the finishing layer is applied as a sealing layer based on at least one lacquer, and wherein the finishing layer is selected among transparent and translucent finishing layers ([0029] of Schreier, printed side of edge strip coated with clear varnish).
Claim 86 is rejected under 35 U.S.C. 103 as being unpatentable over Urrutia in view of Doellken and Kostenbader as applied to claim 79 above and further in view of Hannon et al. (U.S. Patent No. 6,112,794).
Regarding claim 86, Urrutia does not specifically disclose that the at least one edge of the plate-shaped substrate, before applying and fixing the thermoplastic plastic strand, is subjected to a surface activation by at least one of applying an adhesion promoter, using corona treatment and using plasma treatment. Hannon, however, discloses applying a corona discharge treatment to the edge of the structure during an edge banding process (3:10-12 of Hannon). According to Hannon, the corona discharge treatment improves adhesion of the edge band (2:66-3:1 of Hannon). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to treat the edge of the substrate in the modified process using a corona discharge treatment. One of skill int eh art would have been motivated to do so in order to improve adhesion of the edge band as taught by Hannon (2:66-3:1 of Hannon).
Claim 88 is rejected under 35 U.S.C. 103 as being unpatentable over Urrutia in view of Doellken and Kostenbader as applied to claim 79 above and further in view of Waterson (UK Patent Publication No. GB 2518730 A).
Regarding claim 88, Urrutia does not specifically disclose that, after method step (a) and before method step (b), at least one intermediate step is carried out, wherein, as an intermediate step, applying and detachable non-permanent fixing of the thermoplastic plastic strand on a carrier is carried out. Waterson, however, discloses a method of edging a worktop wherein an edging having an adhesive layer is provided with a release strip on the exposed adhesive surface which is removed prior to bonding the edge strip (Abstract, 2:1-12 of Waterson). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to provide the edge strip in the modified process with a removable release layer since Waterson establishes that it was known to do so at the time the invention was made. Moreover, as set forth in the MPEP, the rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art (MPEP § 2143 I A). The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference. In addition, one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately. One of ordinary skill in the art also would have recognized that the results of the combination were predictable.
Claim 92 is rejected under 35 U.S.C. 103 as being unpatentable over Urrutia in view of Doellken and Kostenbader or, alternatively, over these references as applied to claim 79 above and further in view of Works et al. (U.S. Patent No. 2,821,497).
Regarding claim 92, neither Urrutia nor Doellken specifically disclose that the overall composite resulting from the method and comprising the thermoplastic plastic strand bonded to the at least one edge of the plate-shaped substrate as an edge coating provided with the printing is characterized by at least one of the following properties: - a water-resistance in the range of from 3 to 5, determined according to IKEA datasheet TM 0002; - a heat-resistance in the range of from 3 to 5, determined according to IKEA datasheet TM 0002; - a resistance to humid climatic conditions at least substantially without any visually detectable and visible changes of the composite and of the edge coating, determined in accordance with AMK Module 2 datasheet 005 of April 2015; - an alternating climate resistance at least substantially without visually detectable and visible changes of the composite and of the edge coating, determined according to AMK Module 3 datasheet 005 of April 2015:- a resistance to water-vapor at least substantially without visually detectable and visible changes of the composite and of the edge coating, determined in accordance with AMK module 1 datasheet 005 of April 2015; - a UV-resistance according to gray scale in the range from 3 to 5, determined according to at least one of DIN EN ISO 4892-2:2013 and DIN EN 15187:2006; - a UV-resistance according to at least one of blue scale and wool scale in the range from 6 to 8, determined according to at least one of DIN EN ISO 4892-2:2013 and DIN EN 15 187:2006. The composite resulting from the modified method, however, would either possess one or more of the recited properties or it would have been obvious to provide the composite with such properties in order to provide a more durable product. Moreover, Works discloses providing edge surfaced wood products with high weather (i.e., moisture and humidity) resistance (8:9-20 of Works) for exterior applications. It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to provide composites made by the modified process with high water and moisture resistance as recited in claim 92 for use in exterior applications.
Claims 93-96 and 98-101 are rejected under 35 U.S.C. 103 as being unpatentable over Schreier in view of Urrutia, Doellken and Kostenbader.
Regarding claim 93, Schreier discloses a system for carrying out a method for edge coating a plate-shaped substrate by applying an edge coating to at least one edge of a plate-shaped substrate according to claim 79 wherein the system comprises the following apparatuses A, B and C: (A) at least one producing apparatus A configured for producing an adhesive thermoplastic plastic strand by using extrusion (FIG. 1, [0012] of Schreier, supply device #1 which is an extruder); (B) at least one application and fixing apparatus B configured for applying and fixing of the thermoplastic plastic strand to at least one edge of the plate-shaped substrate in such a way that an edge coating of the plate-shaped substrate results, wherein a bond of the plate-shaped substrate with the edge coating applied and fixed thereto results (FIG. 1, [0031] of Schreier, mounting device3 #4 which mounts the edge strip K on the edge M); (C) at least one printing and ink-application apparatus C configured for applying a printing onto the thermoplastic plastic strand (FIG. 1, [0029] of Schreier, printing device #2 that prints on the edge strip K), and wherein the at least one printing and ink-application apparatus C is configured such that the application of the printing is carried out and controlled electronically in a computer-based way by using digital printing (FIG. 1, [0037] of Schreier, edge trim printed according to electronic file as a print template using digital printing), wherein the print image to be produced in the course of the printing is configured and predetermined in an electronically-based way ([0037] of Schreier, edge trim printed according to electronic file as a print template).
Schreier does not specifically disclose that the at least one printing and ink-application apparatus C is configured such that the application of the printing is carried out by multicolor printing using a plurality of printing inks of different colors and that the printing inks are applied onto the thermoplastic plastic strand in at least one of a dot-form and a screen-form, wherein the resulting coloring is produced by at least one of superpositioning and juxtapositioning the printing inks or that the system is configured such that, at first, before the application of the printing, the optical configuration of the plate-shaped substrate is electronically determined and analyzed and, subsequently, the printing is configured and adapted in accordance with the optical configuration. Urrutia, however, discloses a method for edging parts wherein printing on the edge of the part is carried out by multicolor printing using a plurality of printing inks of different colors and that the printing inks are applied onto the thermoplastic plastic strand in at least one of a dot-form and a screen-form, wherein the resulting coloring is produced by at least one of superpositioning and juxtapositioning the printing inks ([0025]-[0026] of Urrutia, four color inkjet printing used; inkjet color printing necessarily involves superpositioning and/or juxtapositioning of the different color printing inks to achieve desired colors). Urrutia also discloses generating a processed image for printing based on a scanned image of the processed part ([0034] of Urrutia). According to Urrutia, the system produces visual continuity between the edge surface and adjacent surfaces (Abstract of Urrutia). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to use the printing apparatus of Urrutia as the printing device in the system of Schreier. One of skill in the art would have been motivated to do so in order to achieve visual continuity between the edge surfaces of the resulting processed part as taught by Urrutia (Abstract of Urrutia).
Schreier does not specifically disclose that the adhesive is a heat adhesive. Doellken, however, discloses a thermoplastic cover strip which can be stuck onto the edge of a board via a hot-melt adhesive layer (Abstract of Doellken). According to Doellken, the strip can be fastened to the edge of a panel by simple and cost-effective production without a visible joint ([0005] of Doellken). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to attach the strip to the panel in the method of Urrutia using a hot-melt adhesive. One of skill in the art would have been motivated to do so in order to fasten the strip to the edge of the panel by a simple and cost-effective production without a visible joint as taught by Doellken ([0005] of Doellken).
Schreier does not specifically disclose that the system is configured such that, initially, the dimensions of the area of the plate- shaped substrate to be provided with the edge coating and with the printing are determined electronically in a computer based way and, subsequently, the producing of the thermoplastic plastic strand and the applying and fixing of the thermoplastic plastic strand and the application of the printing are adapted each to the determined dimensions and are controlled each electronically in a computer-based way in accordance with the determined dimensions. Kostenbader, however, discloses a method of coating a workpiece wherein the dimensions of the workpiece are measured using a controller (i.e., in a computer-based way) and the measured dimensions are used to control downstream processing of the workpiece (Abstract, [0035] of Kostenbader). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention determine the dimensions of the area of the plate-shaped substrate to be provided with the edge coating and with the printing electronically in a computer-based way. One of skill in the art would have been motivated to do so in order to use the dimensions to control downstream processing of the workpiece as taught by Kostenbader (Abstract, [0035] of Kostenbader).
Regarding claim 94, Schreier discloses that the producing apparatus A and the application and fixing apparatus B are configured as a combined producing and application and fixing apparatus (FIG. 1 of Schreier, supply or extrusion device #1 and mounting device #4 part of same apparatus).
Regarding claim 95, Schreier discloses that the producing apparatus A, the application and fixing apparatus B and the printing and ink application apparatus C are arranged in a joint process section and system line (FIG. 1 of Schreier, supply or extrusion device #1, printing device #2 and mounting device #4 part of same production line).
Regarding claim 96, Schreier discloses that the producing apparatus A, the application and fixing apparatus B and the printing and ink-application apparatus C are arranged at least partially in separate process sections and separate system lines ([0036] of Schreier, pre-fabricated edge strip provided on a supply spool; extrusion device is therefore separate from printing and mounting devices).
Regarding claim 98, Schreier discloses that the printing and ink-application apparatus C comprises at least one drying device configured for drying and UV-curing printing inks, wherein the respective drying device is arranged downstream in the process direction relative to a respective printing and ink- application device ([0029] of Schreier, apparatus includes a drying device for the print and a UV curing device downstream of printhead).
Regarding claim 99, Schreier discloses that the printing and ink-application apparatus C comprises at least one finish application device configured for applying a finishing layer ([0029] of Schreier, varnishing device for coating printed side of edge strip with clear varnish).
Regarding claim 100, Schreier discloses that the printing and ink-application apparatus C comprises at least one finish application device configured for applying a finishing layer, wherein the finishing layer is applied as a sealing layer based on at least one lacquer and wherein the finishing layer is selected among transparent and translucent finishing layers ([0029] of Schreier, varnishing device for coating printed side of edge strip with clear varnish).
Regarding claim 101, Schreier discloses that the system further comprises at least one surface processing apparatus configured for processing the surface of the thermoplastic plastic strand, wherein the surface processing apparatus is configured as one of a smoothing, grinding, milling, calibrating, cutting and polishing device and wherein the surface processing apparatus is arranged upstream of the printing and ink application apparatus C in process direction (FIG. 2, [0040] of Schreier, cutting device #3 for cutting edge strip upstream of printing device #2; claim only requires one of the recited surface processing devices).
Claim 97 is rejected under 35 U.S.C. 103 as being unpatentable over Schreier in view of Urrutia and Doellken as applied to claim 93 above and further in view of Schnepp (U.S. Patent Application Publication No. 2017/0341423 A1).
Regarding claim 97, neither Schreier nor Urrutia specifically disclose that the printing and ink-application apparatus C comprises a plurality of printing and ink-application devices, wherein the printing and ink-application devices are connected and arranged one behind another in downstream process direction. Urrutia, however, discloses color printing using four printheads for each of the colors CMYK ([0025] of Urrutia). As disclosed in Schnepp, the CMYK printheads can be mounted one behind the other to enable single-pass inkjet printing at high print speeds ([0003] of Schnepp). It would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to mount the printheads in the printing device of the modified device one behind the other. One of skill in the art would have been motivated to do so in order to enable single-pass inkjet printing at high print speeds as taught by Schnepp ([0003] of Schnepp).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER W. RAIMUND whose telephone number is (571) 270-7560. The examiner can normally be reached M-Th 7:00-4:30.
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CHRISTOPHER W. RAIMUND
Primary Examiner
Art Unit 1746
/CHRISTOPHER W RAIMUND/Primary Examiner, Art Unit 1746
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