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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/17/26 has been entered.
Claim Objections
Claims 1-2, 4-6, 8, 10-12, 20, 28, 30, 33-34, 37, 39, 41 and 43 are objected to because of the following informalities:
With regard to claim 1: Line 11 of the claim, it appears the term “configure” should be --configured--.
With regard to claims 2, 4-6, 8, 10-12, 20, 28, 30, 33-34, 37 and 39: Line 1 of each claim, it appears the limitation “Panel” should be --The decorative panel-- for consistency of the claim language.
With regard to claims 5-6: Lines 1-2 of each claim It appears each instance of the limitation “at least one intermediate layer” should be --said at least one intermediate layer-- for consistency of the claim language.
With regard to claims 8: Line 1-3 of the claim, It appears each instance of the limitation “at least one intermediate layer” should be --said at least one intermediate layer-- for consistency of the claim language. Line 5 of the claim, It appears the limitation “the intermediate layer” should be --said at least one intermediate layer-- for consistency of the claim language.
With regard to claim 20: Line 4 of the claim, it appears the limitation “at least one intermediate layer” should be --said at least one intermediate layer-- for consistency of the claim language. Lines 5-6 of the claim, It appears the limitation “the intermediate layer” should be --the at least one intermediate layer-- for consistency of the claim language.
With regard to claim 28: Line 2 of the claim, it appears the limitation “at least one primer layer” should be --the at least one primer layer-- for consistency of the claim language.
With regard to claim 30: Lines 2-3 of the claim, it appears the limitation “at least one primer layer” should be --the at least one primer layer--. Lines 3-4 of the claim, it appears the limitation “at least one decor image” should be --the at least one decor image-- for consistency of the claim language.
With regard to claim 39: Line 4 of the claim, it appears the limitation “the panel” should be --the decorative panel-- for consistency of the claim language. Line 6 of the claim, it appears the limitation “the third coupling profile” should be --the at least one third coupling profile-- for consistency of the claim language. Line 12 of the claim, it appears the limitation “the fourth coupling profile” should be --the at least one fourth coupling profile-- for consistency of the claim language.
With regard to claim 43: Line 10 of the claim, it appears the limitation “the decor image” should be --the at least one décor image-- for consistency of the claim language.
Appropriate correction is required.
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 1-2, 4-6, 8, 10-12, 20, 28, 30, 33-34, 37, 39 and 41 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.
With regard to claim 1: Line 11 of the claim, the limitation “the decor layer” lacks sufficient antecedent basis. It’s unclear if the limitation should be directed to “the at least one decorative layer” or “the at least one decor image”.
With regard to claim 30: The scope of the unclear. The claim recites how the décor image and the decorative top structure is formed, but it’s unclear as to how all these options can occur at the same time. For example, it’s unclear as to how a décor image is directly printed on the at least one intermediate layer and directly printed on a carrier layer (emphasis added). Further, it noted that claim 1 has been amended to recite a primer layer applied to the at least one intermediate layer, the primer layer configured to bond ink to the at least one décor image.
With regard to claim 39: Lines 14 of the claim, the limitation “the third coupling profile of an adjacent panel edge” lacks sufficient antecedent basis. Lines 20-21 of the claim, the limitation “the third groove of an adjacent edge, second panel edge” lacks sufficient antecedent basis. Lines 21-22 of the claim, the limitation “the upward locking element of said second panel edge” lack sufficient antecedent basis. Line 22 of the claim, the limitation “the second downward groove of said first panel edge” lacks sufficient antecedent basis.
Claims 1-2, 4-6, 8, 10-12, 20, 28, 30, 33-34, 37, 39 and 41 are examined as best understood.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The subject matter of claim 6 is already recited in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-2, 4-6, 8, 10, 20, 30, 33-34, 37, 39, 41 and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barreto (US 2010/0186337 A1) in view of Lingg (US 2019/0085566 A1) and in further view Bouke (US 2021/0214952 A1).
With regard to claims 1 and 30: Barreto discloses a decorative panel (100) (fig. 1), comprising:
a core (core board 110) provided with an upper side and a lower side (fig. 1; par. [0025]),
a decorative top structure (top coat of finish 116 and textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) affixed, indirectly, on said upper side of the core (110) (fig. 1; par. [0028] and [0030]-[0031]), said decorative top structure comprising:
at least one decorative layer (textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) forming at least one decor image (par. [0028]), and
at least one protective layer (top coat of finish 116) covering said at least one decorative layer (textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) (fig. 1; par. [0030]-[0031]); and
at least one intermediate layer (leather layer 102) comprises non-human collagen (leather), wherein said at least one intermediate layer (102) is positioned underneath said decorative top structure (fig. 1; par. [0032]-[0033]). Barreto further discloses that the at least one intermediate layer (102) is between the at least one decorative top structure (top coat of finish 116 and textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) and the core (110) (fig. 1).
Examiner notes that references to leather are considered to be an animal-based leather as non-animal based leather are known to be distinctly referred to as “vegan leather” or “synthetic leather”. As defined by Dictionary.com, leather is “the skin of an animal, with the hair removed, prepared for use by tanning or a similar process designed to preserve it against decay and make it pliable or supple when dry.” As described on pg. 3, lines 8-10 of the original specification, “leather derived from animal mainly consists of collagen type I when hides are obtained from adult animals, and significant proportion of collagen types Ill and IV, together with collagen type I when skins are derived from young animals.”
Barreto further discloses a first panel edge comprises a first coupling profile (tongue), and a second panel edge, opposite to the first panel edge, comprises a second coupling profile (groove) being designed to engage interlockingly with a first coupling profile (tongue) of an adjacent panel, both in horizontal direction and in vertical direction (figs. 1 and 3-4; par. [0034] and [0037]).
Barreto does not disclose that the at least one protective layer is transparent and/or translucent.
However, Lingg discloses a decorative panel comprising at least one protective layer (top layer 24) made of acrylic that is transparent (par. [0014]-[0015], [0036] and [0045]; claim 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Barreto to have each finish coating including the at least one protective layer be made of acrylic material that is transparent such as taught by Lingg in order to provide means of allowing viewability of the underlying design of the at least one décor image for a desired aesthetic.
Barreto in view of Lingg does not disclose at least one primer layer, the primer layer applied to the at least one intermediate layer, the at least one primer layer configured to securely bond ink of the at least one decor image, the at least one primer layer at least partially penetrated into said at least one intermediate layer.
However, Boucke discloses at least one decorative layer comprising a print layer formed by at least one ink layer directly applied to at least one primer layer applied onto an underlying substate layer (par. [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Barreto previously modified by Lingg to substitute the at least one decorative layer to comprise a print layer formed by at least one ink layer directly applied to at least one primer layer applied onto an underlying layer such as taught by Boucke in order to provide a decorative effect for a desired aesthetic. No new or unpredictable results would be obtained from modifying the decorative panel of Barreto previously modified by Lingg to have the at least one decorative layer comprise a print layer formed by at least one ink layer directly applied to a primer layer applied onto an underlying layer such as taught by Boucke . Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention. Barreto in view of Lingg and Bouke would result the at least one primer layer being configured to securely bond ink of the at least one décor layer, the at least one primer layer at least partially penetrated into said at least one intermediate layer. Note that the decorative panel of Barreto in view Lingg and Bouke comprises the claimed structure and would be expected to perform in substantially the same manner.
With regard to claim 2: Barreto further discloses that the at least one intermediate layer (102) is affixed to the upper side of the core (110) (fig. 1; par. [0025]).
With regard to claim 4: Barreto discloses that the material (high-density fiberboard, plywood or natural wood) of the core (110) as such is free of non-human collagen (fig. 1; par. [0026]).
With regard to claim 5: Barreto discloses that at least one intermediate layer (102) and the core (110) are different panel layers (fig. 1).
With regard to claim 6: Barreto as modified by Ling and Bouke discloses that the at least one intermediate layer is situated in between the decorative top structure and the core.
With regard to claim 8: The at least one intermediate layer (102) of Barreto would comprise type I collagen fibers. As described on pg. 3, lines 8-10 of the original specification, “leather derived from animal mainly consists of collagen type I when hides are obtained from adult animals, and significant proportion of collagen types Ill and IV, together with collagen type I when skins are derived from young animals.” Accordingly, the at least one intermediate layer made of leather would comprise some degree of type I collagen fibers.
With regard to claim 10: Barreto discloses that the at least one intermediate layer (102) comprise a bonded leather (par. [0028]). A described in par. [0006] of Barreto, bonded leather comprises leather particles (considered functionally equivalent to fibers) bonded by means of a binding material.
Barreto does not disclose that the amount of binding material is situated between 10 and 40% by weight of the at least one intermediate layer.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available amounts of the binding material by weight for securing the leather particles to one another to impart desired strength, flexibility and durability to the bonded leather. No new or unpredictable results would be obtained from modifying the bonded leather of the at least one intermediate layer to have the amount of binding material situated between 10 and 40% by weight of the at least one intermediate layer. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 20: Examiner notes that at least one intermediate layer (102) made of leather would inherently comprise at least one natural fat and would comprise at least one additive as result of a tanning process when manufacturing the leather.
Barreto in view of Lingg does not disclose the amount of natural fat is situated between 5 and 25% by weight of the at least one intermediate layer, wherein the amount of additive is situated between 5 and 20% by weight of the at least one intermediate layer.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available by weight values of the amount of natural fat and additive to impart the desired degree of softness, durability and stability to the bonded leather. No new or unpredictable results would be obtained from modifying the amount of the by weight values of the amount of natural fat and additive to impart the desired degree of softness, durability and stability to the bonded leather. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 33: Barreto discloses the at least one protective layer (top coat of finish 116) is formed by a top coating applied on top of at least one wear layer (one of the bottom coatings of finish 116) of the decorative top structure (par. [0030]).
Barreto as modified by Lingg discloses that at least one protective layer is transparent.
With regard to claim 34: Barreto discloses a top surface of the decorative top structure is provided with a texture wherein said texture is registered in line with the decor image of the decorative top structure (par. [0028]). Barreto in view of Lingg and Boucke et al. discloses the decorative top layer as claimed.
With regard to claim 37: Barreto discloses that the thickness (122) of the at least one intermediate (102) layer is 1mm (par. [0028])
Barreto does not disclose that the thickness of the at least one intermediate layer is between 0.75 and 0.95 mm.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available thicknesses for provide a desired degree of strength, durability and flexibility. No new or unpredictable results would be obtained from modifying the at least one intermediate layer to be between 0.75 and 0.95 mm. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
With regard to claim 39: Barreto disclose that the first coupling profile (tongue) and the second coupling profile (groove) are configured such that two of such panels can be coupled to each other by means of a lowering movement and/or by means of a turning movement (fig. 1; par. [0034]).
With regard to claim 41: Figs. 1 and 3-4 of Barreto discloses a decorative panel covering, comprising a plurality of decorative panels. Barreto as modified by Lingg and Boucke discloses the decorative panel covering, comprising the plurality of decorative panels, according to claim 1.
With regard to claim 43: Barreto discloses a decorative panel (100) (fig. 1), comprising:
a core (core board 110) provided with an upper side and a lower side (fig. 1; par. [0025]),
a decorative top structure (top coat of finish 116 and textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) affixed, indirectly, on said upper side of the core (110) (fig. 1; par. [0028] and [0030]-[0031]), said decorative top structure comprising:
at least one decorative layer (textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) forming at least one decor image (par. [0028]), and
at least one protective layer (top coat of finish 116) covering said at least one decorative layer (textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) (fig. 1; par. [0030]-[0031]); and
at least one intermediate layer (leather layer 102) comprises non-human collagen (leather), wherein said at least one intermediate layer (102) is positioned underneath said decorative top structure (fig. 1; par. [0032]-[0033]). Barreto further discloses the at least one intermediate layer (102) is between the at least one decorative top structure (top coat of finish 116 and textured surface painted with a multi-coat system of colors, with fade resistant, non-toxic coatings) and the core (110) (fig. 1).
Examiner notes that references to leather are considered to be an animal-based leather as non-animal based leather are known to be distinctly referred to as “vegan leather” or “synthetic leather”. As defined by Dictionary.com, leather is “the skin of an animal, with the hair removed, prepared for use by tanning or a similar process designed to preserve it against decay and make it pliable or supple when dry.” As described on pg. 3, lines 8-10 of the original specification, “leather derived from animal mainly consists of collagen type I when hides are obtained from adult animals, and significant proportion of collagen types Ill and IV, together with collagen type I when skins are derived from young animals.”
Barreto further discloses a first panel edge comprises a first coupling profile (tongue), and a second panel edge, opposite to the first panel edge, comprises a second coupling profile (groove) being designed to engage interlockingly with a first coupling profile (tongue) of an adjacent panel, both in horizontal direction and in vertical direction (figs. 1 and 3-4; par. [0034] and [0037]).
Barreto does not disclose that the at least one protective layer is transparent and/or translucent.
However, Lingg discloses a decorative panel comprising at least one protective layer (top layer 24) made of acrylic that is transparent (par. [0014]-[0015], [0036] and [0045]; claim 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Barreto to have each finish coating including the at least one protective layer be made of acrylic material that is transparent such as taught by Lingg in order to provide means of allowing viewability of the underlying design of the at least one décor image for a desired aesthetic.
Barreto in view of Lingg does not disclose the at least one décor image directly printed on a carrier layer, the carrier layer affixed to said at least one intermediate layer.
However, Boucke discloses at least décor image (ink layer) directly printed to a carrier (primer) layer affied onto an underlying substate layer (par. [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Barreto previously modified by Lingg to substitute the at least one decorative layer to comprise at least one décor image directly printed on a carrier layer, the carrier layer affixed to an underlying layer such as taught by Boucke in order to provide a decorative effect for a desired aesthetic. No new or unpredictable results would be obtained from modifying the decorative panel of Barreto previously modified by Lingg to have the at least one decorative layer comprise at least one décor image directly printed on a carrier layer, the carrier layer affixed to an underlying layer such as taught by Boucke. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention. As modified, the carrier layer would be would affixed to said at least one intermediate layer.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barreto (US 2010/0186337 A1) in view of Lingg (US 2019/0085566 A1), Bouke (US 2021/0214952 A1) and in further view of Furniture Today (NPL document: https://www.furnituretoday.com/business-news/bonded-leather-making-inroads/).
With regard to claim 11: Barreto in view of Lingg and Bouke et al. does not disclose that said binding material comprises natural rubber or polyurethane.
However, Furniture Today discloses bonded leather comprising leather particles (fragments and fibers) secured to a carrier layer (backing) via a binding material, said binding material being polyurethane (pg. 2, 2nd paragraph and pg. 3, 8th paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Barreto previously modified by Lingg and Bouke to have the binding material of the bonded leather of the at least one intermediate layer be polyurethane such as taught by Furniture Today in order to provide a known binding material allowing for durability, flexibility and uniform finish of the bonded leather.
With regard to claim 12: Barreto in view of Lingg and Bouke does not disclose that said at least one intermediate layer comprises a layered structure of a carrier layer onto which the leather particles are bonded by means of said binding material.
However, Furniture Today discloses bonded leather comprising leather particles (fragments and fibers) secured to a carrier layer (backing) via a binding material, said binding material being polyurethane (pg. 2, 2nd paragraph and pg. 3, 8th paragraph).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Barreto previously modified by Lingg and Bouke et al. to have the bonded leather of the at least one intermediate layer comprise a layered structure of a carrier layer onto which leather particles are bonded by means of the binding material such as taught by Furniture Today in order to provide a system having a substrate for supporting the leather particles before and after curing of the binding material.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barreto (US 2010/0186337 A1) in view of Lingg (US 2019/0085566 A1), Bouke (US 2021/0214952 A1) and in further view of Jong-beom (KR 10-0886318)
With regard to claim 28: Barreto as modified by Lingg and Bouke discloses that the decorative top structure comprises at least one primer layer applied onto the at least one intermediate layer.
Barreto as modified by Lingg and Boucke does not disclose the at least one primer layer comprises at least one acryl resin and/or at least one acrylate (acrylic).
However, Jong-beom disclose a print applied to a primer layer, the primer layer comprising urethane acrylate-based resin (abstract; pg. 3, last paragraph of translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the panel of Barreto previously modified by Lingg and Bouke et al. to have the at least one primer layer be at least one acrylate such as taught by Jong-beom yielding the predictable results of providing a known primer material for proper gripping and adhesion of the ink.
Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Response to Arguments
The previous objection of claims 1-8, 10-12, 20, 28, 30, 33-34, 37, 39 and 41 has been withdrawn in view of the amendment filed 9/17/26.
The previous rejection of claims 3, 7, 37 and 39 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn in view of the amendment filed 9/17/26.
Examiner notes that objections and rejections, not addressed, remain.
Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new grounds of rejection.
Note that claim 42 includes the incorrect status identifier. Claim 42 was previously withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633
