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 § 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 further in view of U.S. Patent No. 4,804,469 to Arisawa.
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 the limitation of the floor/wall layer having a top surface, back surface and even thickness within an outer edge, this is not disclosed by Deangelis. Arisawa discloses a tile (abstract, fig. 2, [0017]) of one grouped piece having an outer edge (fig. 2: where 9 points) that is constant in thickness. 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 tile in order to speed production since multiple tiles are intended for use.
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
Applicants’ arguments filed 8/6/26 have been fully considered but they are moot under new grounds of rejections necessitated by the Applicants amendment. Regarding the restriction by original presentation, the Applicant traverses this. However, the claims, 7 and 8, delt with forming layers. These claims have been withdrawn by the Applicant.
Conclusion
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633
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