DETAILED ACTION
DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election with traverse of Group I, claims 17-24 and 29-35, in the reply filed on March 13,2026 is acknowledged.
The traversal is on the grounds that the requirement for restriction has nothing to do with unpatentability of claims for any of the inventions being claimed. Applicants state that there is nothing in 35 USC § 121 that gives the Patent Office the authority to require restriction between different statutory classes of claims unless the claims cover "independent and distinct inventions."
However, the Examiner disagrees. Group I, claims 17-24 and 29-35, drawn to a fiber-reinforced multilayer composite and Group II, claims 25-28, drawn to a method of producing a fiber-reinforced multilayer composite, do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features as evidenced by US 4295907 A.
Hence, the restriction requirement is maintained.
Claims 17-35 are pending of which claims 25-28 are withdrawn and claims 17-24 and 29-35 are now under consideration.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 17-24 and 29-35 are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Burns et al. (US 2018/0134016 A1).
Burns et al. disclose a layered composite article (equivalent to the fiber-reinforced, multilayer, flat plastic composite of the claimed invention) that can be used for flooring applications (thus meeting the limitations of claims 31 and 32) comprising: a) a rigid backing portion (equivalent to the matrix layer of the claimed invention) comprising a rigid core having a first surface and an opposed second surface, wherein the rigid core comprises at least one densified fiber batt (meeting limitations of claim 33) and wherein the at least one densified fiber batt is comprised of a first plurality of oriented fibers having a first melting point and a second plurality of oriented fibers having a second melting point different from the first melting point; and b) a decorative portion (equivalent to the top layer of the claimed invention) having a first surface and an opposed second surface, wherein the second surface of the decorative portion is affixed to the first surface of the rigid core. The first and second plurality of oriented fibers, each independently can comprise polyester, polypropylene, polyethylene, polyamides, polyurethane, polylactic acid, acetal, co-polyester, co-polyamide, polystyrene, or a combination thereof (meeting the limitation that the matrix layer comprises at least one resin selected from the group consisting of an unsaturated polyester resin, a vinyl ester resin, an epoxy resin, a polyurethane resin, and a combination thereof). In yet another embodiment, the rigid core can further comprise a filler component (meeting limitations of claims 22 and 35). The decorative surface layer (i.e., the decorative portion) comprises polyvinyl chloride (PVC), whitened PVC, opaque PVC, oriented polypropylene (OPP), polyolefin (PO), woven polyethylene (PE), non-woven PE, woven polypropylene (PP), nonwoven PP, woven PET, whitened fiber PET, nonwoven PET, woven nylon, nonwoven nylon, conventional paper, conventional foil, or foiled oriented polypropylene. In still further aspects, the decorative surface layer can comprise one or more of a heat stabilized biaxially-oriented PET (BoPET), amorphous PET (aPET), recycled PET (rPET), polyethylene terephthlate glycol-modified (PETG), polyolefin, cyclic olefin copolymer (COC), cyclic olefin polymer (COP), polyvinylidene fluoride (PVDF), polylactic acid (PLA) copolymers, nylon, cellulose acetate, poly(methyl methacrylate) (PMMA) (meeting the limitation that the top layer comprises an acrylate-based resin as recited in claim 1), thermoplastic polyurethane (TPU), thermoplastic elastomers (TPS), polycarbonate, polyethylene (PE), or a copolymer thereof. In certain aspects, the decorative surface or substrate layer has a thickness from about 0.5 mil to about 20 mil (equivalent to 12.7 to 508 microns and meeting the limitation that the top layer has a layer thickness in the cured state in the range of 40 to 150 µm). In some aspects, the decorative layer is affixed to the first surface of the rigid core with an adhesive (the adhesive layer is equivalent to the separating layer of the claimed invention and meeting the limitations of claims 21 and 34). In some aspects, an image layer can be applied to the decorative layer and the image layer can comprise water-based, soy-based, a UV-cured inks, and/or solvent-based pigments. The UV-cured inks can comprise photo-initiators, pigments, additives, monomers and oligomers of various polymers, and the like. In some exemplary aspects, the UV-cured inks can comprise 1-vinylhexahydro-2H-azepin-2-one or substituted phosphine oxide, thrimethylolpropane triacrylate, phenyl bis (2,4 6-trimethylbenzoyl)phosphine oxide (meeting the limitations of claims 18 and 19), epoxy acrylate oligomer, diacrylate monomer, multi-functional monomers, amine modified acrylate oligomer, 1-vinylhexahydro-2H-asepin-2-one, diacrylate oligomers, benzophenone, triacryalte monomers, 1-hydroxy-cyclohexylphenyl-ketone, 2 hydroxy-2-methylpropiophenone, and the like. It is understood that the image layer can be applied to the decorative substrate layer or decorative surface layer and as such is a part of the decorative layer. See Abstract and paragraphs 0008, 0046, 0053, 0061, 0077, 0089, 90-0101, 0107-0110.
With regards to the limitations that the plastic composite in a 1000-hour test method according to DIN-EN-ISO 4892-2-A1, in the color measurement space L/a/b, has a value delta E of < 1.0 and in a 3000-hour test method according to DIN-EN-ISO 4892-2-A1, in the color measurement space L/a/b, has a value delta E of < 1.7, there is a maximum 2 wt% loss of a reactive diluent based on the applied liquid layer
material during the production process, and that the top layer, after a 9000-hour test method according to DIN-30 EN-ISO 4892-2-A1, has a gloss retention of at least 70% of the original gloss level of 100%, the Examiner takes the position that such property limitations are inherent in the laminate and the top layer of the claimed invention given that the structure and chemical composition of the laminate as taught by Burns et al. and that of the claimed invention are identical.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CALLIE SHOSHO can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEEBA AHMED/Primary Examiner, Art Unit 1787
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