DETAILED ACTION
Election/Restrictions
Claims 1-8 & 15-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on October 27, 2025.
Applicant's election with traverse of the Group II invention in the reply is acknowledged. First, it is noted that applicant canceled Claims 1-8 & 15-18 within the reply and as such, any traversal regarding the distinct inventions as set forth in the requirement is rendered moot since the traversed claims are no longer pending. Second, as to the distinct species aspect, applicant essentially argues that bonding of elements via a solvent and heat compression are obvious variants; and as such, finding one bonding means will be considered as finding the other for examination purposes. The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statements (IDS’s) submitted on April 11, 2024 & May 22, 2024 were in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “face panel” [Claim 9]; the “bubble(s)” relating to the “bubble sizes” [Claims 10, 19 & 22]; and the “reinforcing fibers” [Claims 11, 20-21 & 23-24] must be clearly shown / labeled within the drawings or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 9-13 & 19-27 are rejected under 35 U.S.C. 103 as being unpatentable over Celano [US 2011/0234066] or Donahue [US 6,364,440] in view of Bobrowicz [US 6,217,967] or O`Reilly et al., [US 2013/0309438]. Celano teaches of a cabinet (20) comprising a multitude of panels (note fig. 1), wherein each of the panels comprises a multi-layered thermoplastic polymer resin [0052], the cabinet further comprising a side panel (one of the side panels shown in fig. 1) comprising a foamed thermoplastic polymer resin [0052]; and a face panel (22) comprising a solid thermoplastic polymer veneer layer [0052]; and at least one shelf (such as shelves – [0029]) suspended between a left side panel and a second right side panel. Donahue teaches of a cabinet (vanity cabinet (100)) comprising a multitude of panels (note fig. 1), wherein each of the panels comprises a multi-layered thermoplastic polymer resin (bottom of col. 3) and can be covered with a laminate (col. 6), the cabinet further comprising a side panel (one of the side panels shown in fig. 1) comprising a foamed thermoplastic polymer resin (bottom of col. 3) with a veneer or laminate coupled thereto (col. 6); and a face panel (106) comprising a solid thermoplastic polymer veneer layer (col. 3); and at least one shelf (108) suspended between a left side panel and a second right side panel. Both Celano & Donahue teach applicant’s basic inventive claimed cabinet as outlined “mapped” above; but the references do not expressly show the panels as being covered / coupled with a thermoplastic elastomer as prescribed by applicant. As to this aspect, both Bobrowicz & O`Reilly are cited as evidence references for the known use of thermoplastic polymer resins being covered with thermoplastic elastomers in an analogous art. Bobrowicz describes a thermoplastic polymer resin (9) being covered with a thermoplastic elastomer (4,5); while O`Reilly describes a thermoplastic polymer resin (204) being covered with a thermoplastic elastomer (202, 208 and/or lamination of film). Accordingly, the position is taken that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the devices of Celano & Donahue so as to incorporate a thermoplastic elastomer as a covering layer in view of Bobrowicz’s & O`Reilly’s teachings, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by providing an alternative means by which the panels of the cabinet can be manufactured depending upon desired structured properties of an end user, whereby the coupling of a thermoplastic elastomer would add a measure of elasticity (softness) to the panels outer layer while also providing a means by which the panels can be easily melted / molded together thereby effectively sealing adjoining edges. Additionally, the position is taken that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize a varying array of known materials for the manufacture of a cabinet panels where the panels are made up of layers of material, with a reasonable expectation of success, depending upon the personal preferences of the designer and/or the designated environment for the finished product since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); and In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Regarding Claim 10, as modified, the side panel would inherently comprise bubbles (i.e., air pockets that are produced during the foaming process of polymer resin injection) having uniform bubble sizes. Regarding Claim 11, as modified, the side panels can comprise reinforcing fibers (Bobrowicz notes that the thermoplastic polymer resin can be “reinforced with fibers”, while O`Reilly describes “layers of fiber reinforced composite material” & “polymer fibers”). Regarding Claims 12 & 13, as modified, the side panel is coupled to the face panel via a toluene solvent and/or heat compression (note that Donahue describes the component structures as being able to be bonded together via solvent-based glues and adhesives and welding techniques – cols. 3-4). Regarding Claim 19, as modified, the thermoplastic polymer resin would inherently comprise bubbles (i.e., air pockets that are produced during the foaming process of polymer resin injection) having uniform bubble sizes; but an estimation of the percent size (i.e., within three hundred percent size) relative to one another is not known. However, the position is taken that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to vary the ratios (such as a size percentage) so as to encompass several ratio ranges as dependent upon the needs or preferences of a user, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding Claim 20, as modified, the cabinet further comprises reinforcing fibers enmeshed in the thermoplastic polymer resin as previously noted. Regarding Claim 21, as modified, the cabinet further comprises reinforcing fibers enmeshed in the thermoplastic polymer resin as previously noted. Regarding Claim 22, as modified, the face panel comprises thermoplastic polymer resin and would inherently comprise bubbles (i.e., air pockets that are produced during the foaming process of polymer resin injection) having uniform bubble sizes; but an estimation of the percent size (i.e., within three hundred percent size) relative to one another is not known. However, the position is taken that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to vary the ratios (such as a size percentage) so as to encompass several ratio ranges as dependent upon the needs or preferences of a user, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Regarding Claim 23, as modified, the thermoplastic polymer resin comprises reinforcing fibers enmeshed in the thermoplastic polymer resin as previously noted. Regarding Claim 24, as modified, the face panel comprises thermoplastic polymer resin with reinforcing fibers enmeshed in the thermoplastic polymer resin. Regarding Claim 25, as modified, the thermoplastic polymer resin can be recycled polyethylene terephthalate (Note O`Reilly [0053] disclosing the use of PET which is polyethylene terephthalate). Regarding Claim 26, as modified, the veneer can be viewed as a thin film wrapped around the side panel as readily apparent. Regarding Claim 27, as modified, the thermoplastic polymer veneer layer can be viewed as a thin film wrapped around the face panel as readily apparent.
Claims 14 & 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over
Celano or Donahue in view of Bobrowicz or O`Reilly et al., and further in view of Ziegler et al., [US 2015/0197943]. The prior art teaches applicant’s basic inventive claimed cabinet as outlined above, including the use of films / veneers / coverings; but does not specifically address a layer comprising a three-dimensional artificial wood vein pattern. As to this feature, Ziegler is cited as an evidence reference for the known technique of applying an outer veneer (3) onto a substrate (2) whereby the veneer includes a three-dimensional artificial wood vein pattern (note [0050] & [0128] describing the veneer as being porous and having a thickness defining a three dimensional article and shown as a wood grained / wood veined pattern (figures 4-5)). As such, the position is taken that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of the prior art so as to incorporate a three-dimensional artificial wood vein pattern in view of Ziegler’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by providing the look and feel of a solid piece of wood furniture while incorporating properties of the material preferred and/or desired by the manufacturer. Regarding Claim 28, as modified, the cabinet further comprising a natural wood layer that can be coupled with the face panel (as demonstrated by Ziegler). Regarding Claim 29, as modified, the veneer is a three-dimensional surface texture that can be applied over one side of the side panel (as demonstrated by Ziegler). Regarding Claim 30, as modified, the thermoplastic polymer veneer layer is a three-dimensional surface texture that can be applied over one side of the side panel (as demonstrated by Ziegler).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure – see the attached Form PTO-892 showing various panel structures with layered assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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JOH
January 15, 2026
/James O Hansen/Primary Examiner, Art Unit 3637