DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-14 and 18-20 in the reply filed on 3/4/26 is acknowledged.
Claims 15-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/4/26.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-14 and 18-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dong et al (US 20020168503 A1) in view of Decoene et al (US 2010/0112285 A1).
Dong teaches a laminate panel (e.g., decorative laminate) wherein this panel consists at least of a substrate on the basis of polyvinyl chloride (PVC), and a printed decor provided thereon, protected by a transparent synthetic material layer on the basis of PVC (e.g., PVC overlay or wear layer) (para 41, 44); wherein the printed decor is a printed synthetic material film; wherein the printed synthetic material film is a printed PVC foil (e.g., printed PVC film); wherein the substrate (e.g., fibers in the substrate) and/or the transparent synthetic material layer (e.g., glass beads in wear or overlay layer) comprises fillers (para 24, 26, 41, 44, 69). Dong further teaches its panel may be embossed or subjected to a platen process to provide a decorative or textured surface (e.g., wherein the transparent synthetic material layer is provided with a relief) (para 2, 110, 117, 122).
Dong fails to suggest wherein the transparent synthetic material layer is provided with a relief comprising elongate recesses, wherein said elongate recesses over the major part of their length have a cross-section which is provided with inclined lateral flanks, wherein these lateral flanks both have a flange portion with an inclination of more than 60° and less than 90°, and that the maximum depth over which said flank portions extend is larger than the maximum distance between the respective flank portions, measured in transverse direction and parallel to the surface plane of said panel; wherein the minimum distance between the respective flank portions, measured in transverse direction and parallel to the plane of said panel, is smaller than half of said maximum distance between these flank portions; wherein said elongate recesses have the form of wood pores; wherein said transparent synthetic material layer as such has a gloss degree of more than 10, measured according to DIN 67530; wherein said transparent synthetic material layer as such has a portion having a uniform gloss degree of more than 10, measured according to DIN 67530; wherein said maximum depth is 0.1 millimeter or more; wherein the deepest point of said recess is located above the horizontal plane in which the decor extends locally; wherein said lateral flanks at the entrance of said recess and above the respective inclined flank portion are made with a rounding, wherein said rounding has a radius of less than 0.2 millimeters; wherein the length of said recess is at least 10 times the aforementioned maximum distance between the respective flank portions; and, wherein the cross-section of the elongate recesses are configured in a way such that a mirroring reflection of perpendicular or approximately perpendicular incident light takes place mainly on a bottom of the elongate recess.
Decoene teaches a more realistic laminate consisting at least of a synthetic substrate, a décor layer with a printed pattern provided thereon, wherein the décor layer may be coated with thermoplastic resin, and resin is provided with a relief comprising elongate recesses that have the form of wood pores (para 107-115; fig 12-13).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to combine the laminate of Decoene with the laminate of Dong for a more realistic laminate having a wood aesthetic and feel (e.g, wood pores). Decoene further teaches that a structure of recesses and/or protrusions in said transparent or translucent layer (i.e., wherein the deepest point of said recess is located above the horizontal plane in which the décor extends locally); wherein structure of impressions or protrusions may also be so fine that it determines the gloss degree of the surface of the laminate, said structure may comprise at least two areas with differing gloss degrees, wherein said difference in gloss degree preferably is 10, as measured according to DIN 67530 (para 27-30); which would have suggested or otherwise rendered obvious to one of ordinary skill in the art at the time of invention wherein said transparent synthetic material layer as such has a gloss degree of more than 10, measured according to DIN 67530; and, wherein said transparent synthetic material layer as such has a portion having a uniform gloss degree of more than 10, measured according to DIN 67530.
Dong as modified by Decoene fails to expressly teach wherein said elongate recesses over the major part of their length have a cross-section which is provided with inclined lateral flanks, wherein these lateral flanks both have a flange portion with an inclination of more than 60° and less than 90°, and that the maximum depth over which said flank portions extend is larger than the maximum distance between the respective flank portions, measured in transverse direction and parallel to the surface plane of said panel; wherein the minimum distance between the respective flank portions, measured in transverse direction and parallel to the plane of said panel, is smaller than half of said maximum distance between these flank portions; wherein said maximum depth is 0.1 millimeter or more; wherein the deepest point of said recess is located above the horizontal plane in which the decor extends locally; wherein said lateral flanks at the entrance of said recess and above the respective inclined flank portion are made with a rounding, wherein said rounding has a radius of less than 0.2 millimeters; wherein the length of said recess is at least 10 times the aforementioned maximum distance between the respective flank portions; and, wherein the cross-section of the elongate recesses are configured in a way such that a mirroring reflection of perpendicular or approximately perpendicular incident light takes place mainly on a bottom of the elongate recess.
However, Decoene further teaches that a structure of recesses and/or protrusions in said transparent or translucent layer (i.e., wherein the deepest point of said recess is located above the horizontal plane in which the décor extends locally); wherein structure of impressions or protrusions may also be so fine that it determines the gloss degree of the surface of the laminate, said structure may comprise at least two areas with differing gloss degrees or differing gloss degrees may be objectionable; and, said visually perceivable pattern may substantially consist of a wood pattern, wherein said structure then preferably consists of impressions or protrusions at the height or, and/or substantially coinciding with, the depicted wood pores and/or wood nerves (para 5, 27-30).
Hence, Decoene would have suggested to the ordinary skilled artisan at the time of invention two motivating factors for adjusting the shape and size (i.e., cross-section and lateral flanks forming said cross-section and the distance and depth between said lateral flanks and their shape or the rounding of their edges as well as the length of the recesses formed by the lateral flanks and the distance between said recesses) of the impressions or protrusions that form the structure. The first factor being to optimize the gloss degrees of the laminate, and the second is to form a structure that coincides with the depicted wood pores and/or wood nerves (i.e., a realistic wood texture and appearance).
Therefore, it would have been obvious to the ordinary skilled artisan at the time of invention to adjust the shape and size (i.e., cross-section and lateral flanks forming said cross-section and the distance and depth between said lateral flanks and their shape or the rounding of their edges as well as the length of the recesses formed by the lateral flanks and the distance between said recesses) of the impressions or protrusions that form the structure of the surface for the benefit of optimizing the gloss degrees of the laminate and realistic wood texture and appearance.
This limitation “wherein the cross-section of the elongate recesses are configured in a way such that a mirroring reflection of perpendicular or approximately perpendicular incident light takes place mainly on a bottom of the elongate recess” is functional language that is it describes how the article functions in its final state, rather than by the structure of the article. Such limitations are met if the applied prior art is capable in functioning the claim matter.
In the present instance, Dong suggests the structure and composition of the laminate of the instant claims (para 24, 26, 41, 44, 69); and Decoene teaches the laminate is formed under pressure by that of a plate (para 11-14, 79, 115). This matches the composition and method of making the laminate of the instant claims (see instant specification para 36, 37, 54). Therefore, the embodiment(s) suggested or otherwise rendered obvious by Dong as modified Decoene are assumed to inherently possess wherein the cross-section of the elongate recesses are configured in a way such that a mirroring reflection of perpendicular or approximately perpendicular incident light takes place mainly on a bottom of the elongate recess
As stated in In re Best, 562 F.2d 1252, 1255 (CCPA 1977): Where, as here, the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product. [citation omitted] Whether the rejection is based on "inherency" under 35 U.S.C. § 102, on "prima facie obviousness" under 35 U.S.C. § 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO's inability to manufacture products or to obtain and compare prior art.
Conclusion
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NATHAN VAN SELL
Primary Examiner
Art Unit 1783
/NATHAN L VAN SELL/Primary Examiner, Art Unit 1783
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