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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 16-19, 24, 27 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Settels, US 2022/0396953 in view of Wambaugh et al., US 2019/0379319.
Regarding claim 16:
Settels discloses a panel (1) comprising a core (2), an upper arrangement (2a) and a lower arrangement (2b), wherein the core and the upper and lower arrangements (refer to Figs. 7 and 8, the core is the middle portion and the upper and lower arrangements are the top and bottom portions) comprise a mineral-based layer (para. 0029) comprising a polymer compound and magnesium oxide in the amount of 25 to 65% (para. 0029, the disclosed range overlaps with the claimed range),
wherein the panel is a floor panel comprising a front and a rear side, wherein the front side is a visible side.
Settels does not expressly disclose the mineral-based layer comprising a polymer compound that is specifically acrylic.
Wambaugh discloses a panel comprising a mineral-based layer that comprises an acrylic (para. 0043) and magnesium oxide in the amount of 25 to 65 wt% (para. 0014 – magnesium oxide powder in the range of 29 to 40% overlapping with the 25 to 65%).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to substitute the core material and upper and lower arrangement materials or specifically the acrylic material of Wambaugh for the core/thermoplastic of Settels in order to provide a stabilized cementitious material with increased stability in environments with high temperatures and high moisture (para. 0019). Further, Settels suggests wherein various combinations of materials and various polymers may be used in the core (para. 0042).
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Regarding claims 17-18 and 38:
Wambaugh discloses wherein the polymer is an amount that falls between 0.1 and 5% (para. 0043). The percentage overlaps with 5 to 10% such that the claimed amount is reasonably suggested.
Regarding claim 19:
Both Settels and Wambaugh discloses wherein the mineral-based layer further comprises magnesium chloride (para. 0040 of Settels and the abstract of Wambaugh).
Regarding claim 24
Settels and Wambaugh disclose wherein one of the mineral based layers comprises reinforcement fibers (para. 0039 of Settels and para. 0076 of Wambaugh) configured to increase the tensile strength of the layer.
Regarding claim 27:
Settels discloses wherein a panel comprises a mechanical locking system at respective opposite first and second edges for assembling a first panel in an assembled position with an adjacent second panel by means of a folding displacement and/or a vertical displacement of the adjacent panels; wherein immediately juxtaposed upper edge portions of the first edge of the first panel and the second edge of the second panel in the assembled position form a vertical plane; the first edge comprising a locking strip projecting beyond the vertical plane and a locking element projecting from the locking strip; the second edge comprising a downwards open locking groove configured to receive the locking element by means of said displacement for horizontal locking of the adjacent panels, wherein a first pair of horizontal locking surfaces comprises a first locking surface provided by the locking element and a second locking surface provided by the locking groove (refer to Figs 1-10).
Claims 25, 26, 28-32, 36-37 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Settels, US 2022/0396953 in view of Wambaugh et al., US 2019/0379319 further in view of Boucke, US 2022/0018140.
Regarding claims 25, 26, 28, 31 and 39:
Neither Settels nor Wambaugh expressly discloses the glass transition temperature of the polymer compound.
Boucke discloses polymer compounds in a panel having a low glass transition temperature in the range of -50 to 30C (para. 0043, the disclosed range overlaps with the claimed range).
Before the effective filing date of the invention, it would have been obvious to provide a low glass transition temperature as suggested by Boucke to the polymer compound of Settels in view of Wambaugh in order to provide better impact properties.
Regarding claims 29-30:
Wambaugh discloses wherein the polymer is an amount that falls between 0.1 and 5% (para. 0043). The percentage overlaps with 5 to 10% such that the claimed amount is reasonably suggested.
Regarding claim 32:
Both Settels and Wambaugh discloses wherein the mineral-based layer further comprises magnesium chloride (para. 0040 of Settels and the abstract of Wambaugh).
Regarding claim 36:
Settels and Wambaugh disclose wherein one of the mineral based layers comprises reinforcement fibers (para. 0039 of Settels and para. 0076 of Wambaugh) configured to increase the tensile strength of the layer.
Regarding claim 37:
Settels discloses wherein a panel comprises a mechanical locking system at respective opposite first and second edges for assembling a first panel in an assembled position with an adjacent second panel by means of a folding displacement and/or a vertical displacement of the adjacent panels; wherein immediately juxtaposed upper edge portions of the first edge of the first panel and the second edge of the second panel in the assembled position form a vertical plane; the first edge comprising a locking strip projecting beyond the vertical plane and a locking element projecting from the locking strip; the second edge comprising a downwards open locking groove configured to receive the locking element by means of said displacement for horizontal locking of the adjacent panels, wherein a first pair of horizontal locking surfaces comprises a first locking surface provided by the locking element and a second locking surface provided by the locking groove (refer to Figs 1-10).
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Settels, US 2022/0396953 in view of Wambaugh et al., US 2019/0379319 further in view of Ehrat et al., US 5,508,082.
Regarding claims 21 and 22:
Settels discloses wherein the mineral-based layer further comprises a wood fiber binding agent (para. 0039) but does not expressly disclose the amount of 5 to 25wt%.
Ehrat discloses a panel having a core with a binding agent in the range of 6 to 10 wt% (44th paragraph) overlapping the claimed range of 5 to 25 wt%.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to add the binding agent in the range as suggested by Ehrat in order to provide an easily shapeable panel.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Settels, US 2022/0396953 in view of Wambaugh et al., US 2019/0379319 and Boucke, US 2022/0018140 further in view of Ehrat et al., US 5,508,082.
Regarding claim 34:
Settels discloses wherein the mineral-based layer further comprises a wood fiber binding agent (para. 0039) but does not expressly disclose the amount of 5 to 25wt%.
Ehrat discloses a panel having a core with a binding agent in the range of 6 to 10 wt% (44th paragraph) overlapping the claimed range of 5 to 25 wt%.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill (PHOSITA) to add the binding agent in the range as suggested by Ehrat in order to provide an easily shapeable panel.
Claims 20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Settels, US 2022/0396953 in view of Wambaugh et al., US 2019/0379319 further in view of Josefsson et al., US 2020/0308846.
Regarding claims 20 and 23:
Settels and Wambaugh do not, though Josefsson discloses a panel having a filler in an amount of 40-60 wt% and additive in an amount of 0 to 5 wt% (both in para. 0211).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to use fillers and additives as suggested by Josefsson in the panel of Settels in order to vary hardness and softness and to add color, stabilizer, etc.
In the case where the claimed range “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)
Claims 33 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Settels, US 2022/0396953 in view of Wambaugh et al., US 2019/0379319 and Boucke, US 2022/0018140 further in view of Josefsson et al., US 2020/0308846.
Regarding claims 20 and 23:
Settels and Wambaugh do not, though Josefsson discloses a panel having a filler in an amount of 40-60 wt% and additive in an amount of 0 to 5 wt% (both in para. 0211).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to use fillers and additives as suggested by Josefsson in the panel of Settels in order to vary hardness and softness and to add color, stabilizer, etc.
In the case where the claimed range “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)
Response to Arguments
Applicant's arguments filed 1/20/26 have been fully considered but they are not persuasive.
Regarding applicant’s argument that the examiner is misquoting the claim language by noting that the core and the upper and lower arrangements… comprise a mineral-based layer, the examiner is not misquoting the claim. Rather, the examiner is noting that all three include the claimed structure. As set forth by the rejection, the core and the upper and lower arrangement correspond to different portions of the prior art panel. The claim term “arrangement” does not impart any structure that physically differentiates the lower arrangement, upper arrangement and the core. In the prior art of Settels, the various portions of the otherwise homogenous panels constitute the claimed “core, upper arrangement and lower arrangement”.
Regarding applicant’s argument that Boucke’s teaching of the glass transition temperature is specific to EPRs, EPRs are polymer. The examiner finds that it would be desirable to provide the glass transition temperature as suggested by Boucke to the polymer compound of Settels in view of Wambaugh in order to improve impact properties. Boucke specifies that the EPR supplements the polymer material (para. 0038) which may include acrylic (para. 0054) as also taught by Wambaugh. Therefore, it would be reasonable to modify the polymer compound of Settels in view of Wambaugh as suggested by Boucke to alter the glass transition temperature and improve impact properties.
Applicant’s argument to claim 39 are addressed above with regards to modifying Settels in view of Wambaugh and Boucke.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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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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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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