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 .
Election/Restrictions
Newly submitted claims 7 and 8 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The previously examined claims are drawn to a method of adhering a floor/wallboard and new claims 7 and 8 are drawn to a method of making a buffer layer by punching holes, and making a buffer layer by forming holes.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 7 and 8 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claim(s) 1-3 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2016/0010341 to Deangelis in view of U.S. Patent Publication No. US 2011/0185666 to Russell.
Regarding claim 1, Deangelis discloses a method of adhering a floor/wallboard to a backing surface, the method comprising: providing a floor/wallboard that has a single continuous floor/wallboard main body layer (continuous layer fig. 2: 18), and a buffer layer (fig. 2: 10) adhered to a back surface of the floor/wallboard main body layer, the buffer layer being generally coextensive with the floor/wallboard main body layer (equally sized as seen in fig. 2), wherein the buffer layer is provided with a plurality of holes (14), the floor/wallboard main body spanning across each of the holes (see 18 over 14, fig. 5); applying an adhesive to the buffer layer [0020] such that the adhesive at least partially covers the buffer layer [0020]; and pressing the floor/wallboard onto a place on the backing surface with the applied adhesive being directly in contact with the backing surface [0020], the floor/wallboard being installed such that an application of the floor/wallboard causes the adhesive to enter the holes ([0020] discloses “The adhesive 20 may be adapted so as to substantially fill each adhesive opening 14 including along a periphery thereof so as to form an adhesive region within each tile cavity. Each adhesive region may be at least flush with the first side 22 if not protruding into each tile cavity” which acknowledges that adhesive passes on to the main body layer). This suggests that adhesive is located between main body (18) and buffer (10) and between buffer and wall but not explicitly disclosed. Also, pressing is also not explicitly disclosed. Russell discloses an adhesive (used by pressing, abstract) membrane for building construction (abstract) having adhesive on a side of a layer [0013]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Deangelis by adding adhesive as disclosed by Russell in order to better secure the panels by pressure (Russell abstract) as this is how adhesives typically adhere to their surroundings. Regarding the limitation of the adhesive passing through the holes, by pressure added, to adhere to the backing, this is also disclosed by the Deangelis and Russell combination as the adhesive is adhering the floor/wallboard to the backing as recited int the rejection above as seen in fig. 5 of Deangelis, the adhesive 20 is through the holes and against the backing, the use of pressure is disclosed by Russell (abstract), pressure is a result of pressing since higher amounts of pressure will push the adhesive deeper into the tile cavities.
Regarding claims 2 and 3, Deangelis in view of Russell discloses pressing (Russell abstract) and floors and walls are both disclosed as backing by Deangelis ([0018] and title).
Regarding claim 9, the buffer layer is not disclosed as being a foamed polymeric material. Russel discloses the use of such material [0055]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Deangelis by using such a material to better protect the tile/ main body layer from cracking.
Regarding claim 10, claim 10 is rejected for reasons stated in the new rejection of claim 1 as Deangelis in view of Russel disclose adhesive on the second (back) side of the buffer [0020] and on the front, first side.
Regarding claim 11, the adhesive is disclosed as entering the holes to contact the main body layer as in the rejection of claim 1.
Response to Arguments
Applicant's arguments filed 3/23/26 have been fully considered but they are not persuasive. The Applicant argues Deangelis has a plurality of tiles and not a continuous floor/wallboard. However, the Applicant should look to the figure 2 where the tiles are joined to create a continuous floor/wallboard. The Applicant also argues Deangelis relies on adhesive applied after the base sheet, but the Applicant should note that the rejection above combines Russell to add additional adhesive. The Applicant argues the use of the Russell reference but the Applicant should note that Russell involves adhering sheets as does Deangelis.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633