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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/13/26 has been entered. Claims 1-13 are pending examination, claim 14 has been withdrawn.
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 1-13 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.
Claim 1, at line 10, recites the limitation “to at least one overlay”, it is indefinite as to if this recitation is intending to draw basis to the recitation of “at least one overlay” recited at line 4 of claim 1, or if it is separate and distinct from this recitation; if the latter, there is no further detail as to how, if at all, these two overlays interact. For purposes of examination, these two recitations of “at least one overlay” will be interpreted as at least inclusive of either scenario.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 2 recites the broad recitation: “a structure depth of more than 200 μm”. and the claim also recites “preferably more than 300 μm, and particularly preferably more than 400 μm…” which is / are the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For purposes of examination, the narrower language will be interpreted as at least inclusive of being merely exemplary, and therefore not required.
Claim 4 recites the limitation "wherein at least one of pulverulent and/ or liquid resin is applied". There is insufficient antecedent basis for this limitation in the claim. It is indefinite as to if the intention of this limitation is to establish a distinct and separate application of pulverulent and / or liquid resin to some component articulated in claim 1, or if the intention is to further limit the form of the resin articulated at lines 10-13 of claim 1. For purposes of examination claim 4 will interpreted as at least inclusive of either such scenario.
The other dependent claims do not cure the defects of the claims from which they depend.
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.
Claim(s) 1-2, 5, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pervan et al (US 2014/0023832; hereafter Pervan) in view of Provoost (US 2009/0252925; hereafter Provoost), and Kalwa et al (US 2019/0176512; hereafter Kalwa512).
Claim 1: Pervan teaches a method for applying a decoration and a surface structure to a carrier material, (see, for example, abstract, [0018], [0028], [0054], [0060], [0063], [0075], [0081]) comprising the following steps:
providing a carrier material or a carrier material, at least one decorative paper and at least one overlay (See, for example, Fig 3-5, [0006-0007], [0122], [0132], [0151]);
printing the carrier material or the at least one decorative paper with a decoration to obtain printed decoration image data (p) (see, for example, Fig 3-5, [0006-0007], [0087], [0122], [0132], [0151], claims);
applying at least one layer of resin to the printed carrier material or to at least one overlay, (see, for example, Figures, [0108], [0113], [0121-0124] wherein the surface being structured (2) is taught to comprise an applied resin);
pressing the at least one resin layer with the carrier material using a structured press platen or pressing the at least one overlay, the at least one decorative paper and a carrier material using a structured press platen (see, for example, Fig 5, [0096-108], [0144-148] for example, the structured press platen interpreted as collectively comprising structures 41, 40B and 24 with respect to Fig 5 taught to be similarly provided via printing digitally and in register with the printed décor);
wherein the at least one resin layer remains as part of the pressed layer structure (see, for example, Fig 5, [0096-108], wherein the resin relied upon is a layer of melamine formaldehyde resin surface layer on the building panel (2) which remains on the surface of the pressed layer structure).
thereby forming a surface structure on the carrier material that is synchronous to the applied decoration printed on the carrier material or decorative paper (see, for example, Fig 5, [0096-0108], [0144-148];
and a portion of the structure height of the surface structure results from the application of the at least one resin layer (see, for example, Fig 5, [0096-0108], [0144-148] as the resin layer resides on the surface of the substrate the structure height produced on the substrate thus comprises and results from the application of the applied resin thereon).
Pervan teaches the method above, wherein Pervan is silent as to specifics of the distribution of the resin application, so they do not explicitly teach wherein the distribution of the at least one layer of resin is controlled during the applying of the least one layer of resin further wherein the quantity of resin applied at different locations determines the structural depth of the surface structure, such that regions corresponding to the decoration having a greater applied amount of resin form raised surface features and regions corresponding to the decoration having a lesser applied amount of resin form lower surface features, wherein the distribution and quantity of the resin layer determine the surface structure. Provoost teaches a method of manufacturing coated panels with textured surfaces, such as those mimicking wood grain (See, for example, abstract, Figures, [0040]). Provoost further teaches wherein providing surface structure solely via molding or pressing or selective inkjet alone suffer from issues including: requiring a high accuracy, low process flexibility, limitations on feasible structures, generation of unnatural structures, and limitations of deep structures (see, for example, [0006-0007]). Provoost further teaches wherein such limitations can be overcome by providing surface structure via the application of two or more print layers provided on top of each other, which allows for an enhancement in the level of variance resulting in more complex and more pronounced structures being achieved (See, for example, [0008-0009], Figures) . Provoost further teaches wherein such surface structuring can predictably be used in combination with subsequent pressing techniques to further enhance the resulting structure (See, for example, [0042]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have applied the at least one layer of resin by distributing the resin selectively to dictate the surface structure wherein the quantity of resin applied at different locations determines the structural depth of the surface structure, such that regions corresponding to the intended decoration have a greater applied amount of resin to form raised surface features and regions corresponding to the decoration having a lesser applied amount of resin form lower surface features since such a selective resin application would predictably allow for an enhancement in the level of variance resulting in more complex and more pronounced structures being achieved.
Pervan further teaches wherein the resulting resin coated and platen pressed surface structure is desired to be in register / synchronous with the underlying printed décor, and wherein the process is controlled digitally via a digital control unit (see, for example, Fig 5, abstract, [0018], [0028], [0033], [0048], [0075], [0082], [0086], [0108], [0113], [0136-0137], [0145]), but it does not explicitly teach subsequent distribution of the resin being controlled according to, and structuring of the platen defined by, a digital data file representing a surface structure pattern generated from the printed decoration image data. Kalwa512 teaches a method for the production of synchronous structured laminated materials (See, for example, abstract). Kalwa512 further teaches wherein during the course of processing, the dimensions of printed décor can skew, and to ensure improved synchronicity generation of a digital data file representing a surface structure pattern corresponding to the decoration applied by printing should be made via means of sensors or cameras and evaluated in control equipment and implemented in downstream processes including coating and pressing via the control unit (See, for example, [0008 -0012], [0036], [0060-62], [0081-0083]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have generated from the printed decoration image data a digital data file representing the current surface structure pattern corresponding to the decoration and used this digital data file for subsequent processes including wherein distribution of the resin is being controlled according to it and the structuring of the platen defined by it as it would predictably combat dimensional shifts that could occur following printing and ensure improved synchronicity of décor to overlying structured features.
Claim 2: Pervan further teaches wherein at least in portions, a surface structure having a structure depth of more than 500 micron is formed (see, for example, [0142]).
Claim 5: Pervan further teaches wherein the resin is preferably melamine-formaldehyde (See, for example, [0108], [0160-162).
Claim 13: Pervan further teaches wherein the carrier material is selected from the group containing wood-based material boards, medium-density fiberboard (MDF), high-density fiberboard (HDF), chipboard, oriented-strand board (OSB), plywood boards and wood-plastic composite (WPC) boards (see, for example, [0003-0009], [0017], [0152]).
Claim(s) 1, 3-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalwa et al (US 2015/0097907; hereafter Kalwa) in view of Provoost, and Kalwa512.
Claim 1: Kalwa teaches a method for applying a decoration and a surface structure to a carrier material, (see, for example, abstract, [0107-0108]) comprising the following steps:
providing a carrier material or a carrier material, at least one decorative paper and at least one overlay (See, for example, Fig 3-5, [0027-0037], [0136-142]);
printing the carrier material or the at least one decorative paper with a decoration to obtain printed decoration image data (décor)(see, for example, [0037],[0080], [0142], claims);
applying at least one layer of resin to the printed carrier material or to at least one overlay, (see, for example, [0080-0101], [0108-120]);
pressing the at least one resin layer with the carrier material using a structured press platen or pressing the at least one overlay, the at least one decorative paper and a carrier material using a structured press platen, (see, for example, [0108] press plate is adapted to / designed congruent to the décor and its associated digital data);
wherein the at least one resin layer remains as part of the pressed layer structure (See, for example, [0080-0101], [0108-120], wherein the applied resin layer(s) are retained, and no teaching of removal is disclosed).
thereby forming a surface structure is formed on the carrier material that is synchronous to the applied decoration printed on the carrier material or decorative paper (see, for example, [0107-0108]).
Kalwa teaches the method above, wherein Kalwa is silent as to specifics of the distribution of the resin application, so they do not explicitly teach wherein the distribution of the at least one layer of resin is controlled during the applying of the least one layer of resin further wherein the quantity of resin applied at different locations determines the structural depth of the surface structure, such that regions corresponding to the decoration having a greater applied amount of resin form raised surface features and regions corresponding to the decoration having a lesser applied amount of resin form lower surface features, wherein the distribution and quantity of the resin layer determine the surface structure. Provoost teaches a method of manufacturing coated panels with textured surfaces, such as those mimicking wood grain (See, for example, abstract, Figures, [0040]). Provoost further teaches wherein providing surface structure solely via molding or pressing or selective inkjet alone suffer from issues including: requiring a high accuracy, low process flexibility, limitations on feasible structures, generation of unnatural structures, and limitations of deep structures (see, for example, [0006-0007]). Provoost further teaches wherein such limitations can be overcome by providing surface structure via the application of two or more print layers provided on top of each other, which allows for an enhancement in the level of variance resulting in more complex and more pronounced structures being achieved (See, for example, [0008-0009], Figures) . Provoost further teaches wherein such surface structuring can predictably be used in combination with subsequent pressing techniques to further enhance the resulting structure (See, for example, [0042]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have applied the at least one layer of resin by distributing the resin selectively to dictate the surface structure wherein the quantity of resin applied at different locations determines the structural depth of the surface structure, such that regions corresponding to the intended decoration have a greater applied amount of resin to form raised surface features and regions corresponding to the decoration having a lesser applied amount of resin form lower surface features since such a selective resin application would predictably allow for an enhancement in the level of variance resulting in more complex and more pronounced structures being achieved.
Kalwa further teaches wherein the resulting resin coated and platen pressed surface structure is desired to be in register / synchronous with the underlying printed décor (see, for example, [0080-0101], [0108-120]), but it does not explicitly teach distribution of the resin being controlled according to, and structuring of the platen defined by, a digital data file representing a surface structure pattern generated from the printed decoration image data). Kalwa512 teaches a method for the production of synchronous structured laminated materials (See, for example, abstract). Kalwa512 further teaches wherein during the course of processing, the dimensions of printed décor can skew, and to ensure improved synchronicity generation of a digital data file representing a surface structure pattern corresponding to the decoration applied by printing should be made via means of sensors or cameras and evaluated in control equipment and implemented in downstream processes including coating and pressing via the control unit (See, for example, [0008 -0012], [0036], [0060-62], [0081-0083]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have generated from the printed decoration image data a digital data file representing the current surface structure pattern corresponding to the decoration and used this digital data file for subsequent processes including wherein distribution of the resin is being controlled according to it and the structuring of the platen defined by it as it would predictably combat dimensional shifts that could occur following printing and ensure improved synchronicity of décor to overlying structured features.
Claim 3: Kalwa further teaches wherein multiple layers of resin are applied to the printed carrier material or to the overlay (see, for example, [0088-0095)).
Claim 4: Kalwa further teaches wherein pulverulent and/or liquid resin is applied (See, for example, [0040-0043], [0082]).
Claim 5: Kalwa further teaches wherein the resin is selected from the group containing melamine-formaldehyde resins, phenolic resins, melamine-urea-formaldehyde resins and urea-formaldehyde resins. (See, for example, [0043], [0082]).
Claim 6: Kalwa further has taught the application of liquid priming resin layers possessing a solid content of between 30-80% (see, for example, [0043]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have incorporated a solids content of an applied liquid resin layer, such as the primer layer at a solids content of more than 70%, since in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976).
Claim 7: Kalwa further teaches wherein the resin comprises at least one additive and/or adjuvants (see, for example, [0096-0105]).
Claim 8: Kalwa further teaches the at least one additive is selected from the group containing curing agent, wetting agent and release agent and/or the at least one adjuvant is selected from the group containing conductive substances and cellulose (see, for example, [0096-0105]).
Claim 9: Kalwa further teaches wherein the total resin layer can be provided as the application of a multitude of sublayers with each sublayer comprising from 5 to 50 g/m2, and wherein each layer applied can be tailored with various additives and components to enhance particular properties (see, for example, [0085-0087], [0096-0104]). Thus the more sublayers applied, the greater the amount per surface area applied. Although not explicitly teaching between 100 and 500 g/m2 of resin are applied, (or a corresponding number of sublayers achieving such an amount), it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have incorporated a number of resin sublayers providing a total concentration between 100 and 500 g/m2 of resin since such a plurality of layers would enhance the tailorabilty and establishment of various properties, since generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical.(MPEP 2144.05 II A) and since discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 617 F.2d 272, 276 (CCPA 1980).
Claim 10: Kalwa further teaches wherein an undercoat (pre-coating / primer) is applied to the carrier material (see, for example, [0039-0042]).
Claim 11: Kalwa further teaches wherein after the application of the at least one layer of resin it is incipiently dried or set (see, for example, [0081-83]).
Claim 12: Kalwa further teaches wherein in the pressing of the at least one resin layer with the carrier material using a press platen or the pressing of the at least one overlay, the at least one decorative paper and a carrier material using a press platen is carried out in an SC press (short-cycle press) (see, for example, [0107-0108], [0132]).
Claim 13: Kalwa further teaches wherein the carrier material is selected from the group containing wood-based material boards, medium-density fiberboard (MDF), high-density fiberboard (HDF), chipboard, oriented-strand board (OSB), plywood boards and wood-plastic composite (WPC) boards (see, for example, [0025]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalwa in view of Provoost, and Kalwa512 as applied to claim 1 above and further in view of Pervan.
Clam 2: Kalwa in view of Provoost, and Kalwa512 teaches the method of claim 1 above, and Kalwa further teaches wherein the surface structure is adapted to and designed to be congruent to the décor as much a possible as it is intended to imitate natural structures such as grain / pore structures of wood or depressions among tiled decors (see, for example, [0108]). But it is silent as to an appropriate depth of such surface structure, so it does not explicitly teach at least in portions, a surface structure having a structure depth of more than 200 micron. Pervan similarly teaches a method of applying a decoration and a surface structure to a carrier material, (see, for example, abstract, [0018], [0028], [0054], [0060], [0063], [0075], [0081]). Pervan further teaches wherein the surface of the article receiving the surface structuring comprises resin, and wherein its structured pressing method provides for a production adapted, more flexible and cost efficient process (see, for example, [0054], [0061]). Pervan further teaches wherein there is need in the art to achieve deep embossing and wherein its embossing method achieves such an embossing depth of about 0.5 mm and more (See, for example, [0142]). Therefore it would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have incorporated a structured surface having a structure depth of more than 500 micron since such a depth would allow for achieving an established desire in the art for deep embossing, and since when a primary reference is silent as to a certain detail, one of ordinary skill would be motivated to consult a secondary reference which satisfies the deficiencies of the primary reference.
Response to Arguments
Applicant's amendments filed 4/17/26 and entered via RCE on 5/13/26 have been fully considered but they are not persuasive with respect to some the 35 USC 112b issues raised previously (refer to the rejections above for more detail).
Applicant’s arguments that the references do not teach the newly added limitations, particularly directed to requiring the quantity of resin applied at different locations corresponding to the decoration determines the structural depth of the resulting surface structure…” are unconvincing in view of newly-cited Provoost, as discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN H EMPIE whose telephone number is (571)270-1886. The examiner can normally be reached Monday-Thursday 5:30AM - 4 PM.
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/NATHAN H EMPIE/Primary Examiner, Art Unit 1712
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