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 Objections
Claim 31 is objected to because of the following informalities:
In claim 31, line 4, “a composite (panel composite).” should be changed to —a composite, wherein the composite is a panel composite.—.
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 16-35 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.
Regarding claim 16, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 22, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination, the limitations tied to the phrase “optionally” will not be considered as part of the claimed invention until this deficiency is cured.
Regarding claim 24, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claims 17-35, the claims are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite since they are dependents of indefinite claim 16, and their limitations do not overcome the indefiniteness issues of their parent claim.
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.
Claims 16, 18-21, 29 and 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over, Cowan et al. (US 2007/0131862 A1), hereafter Cowan in view of Kalwa et al. (US2016/0123871 A1), hereafter Kalwa, and further in view of Benz et al. (US 2024/0239001 A1), hereafter Benz.
Regarding Claim 16, Cowan teaches a measuring method for determining the application amount of at least one sealing agent on at least one side edge of a wood-based board, in particular a floor panel Additionally, the limitations tied to the phrase “in particular” will not be considered as part of the claimed invention as explained above in Section 112(b)), in a continuously running production line for applying the sealing agent, [0013, 0016], Additionally the term " for determining …” and “for applying" in the preamble merely designates an intended use which does not carry enough weight so as to patentably distinguish from the cited prior See MPEP 2111.02)
wherein the measuring method comprises the following steps:
recording of at least one NIR spectrum of a plurality of reference samples, of at least one sealing agent, applied to a wood-based board, ( the device uses NIR spectroscopic radiation to record the reflected light from the resin-wood composite material, measuring the amounts of a plurality of components comprising at least wood, resin, moisture, and wax. the training sample composition contains a resin including phenol formaldehyde resin and/or isocyanate resin that function as a sealing agent such as 4,4'-diphenylmethane diisocyanate (MDI), [0042], (as describe in the specification of the application), [0013, 0016], wherein the at least one sealing agent has been applied in a known amount to a wood-based board,, [0024-0025] using at least one NIR measuring head in a wavelength range between 700 nm and 2000 nm, [0049]
assigning the application amount of the at least one sealing agent of the reference samples to the recorded NIR spectra of the reference samples, (calibration is developed with reference to the training sample spectral data sets for the NIR spectroscopic instrumentation for quantitatively correlating spectral results with component concentrations in compositions comprising at least wood, resin, moisture, and wax, [0013]); and
creating a calibration model for the correlation between the spectral data of the NIR spectra and the application amounts of the impregnating agent of the reference samples by means of multivariate data analysis, (the generation of the calibration model comprises applying multivariate data analysis to the training sample spectral data sets, [0015, 0049]),
recording of at least one NIR spectrum of at least one sealing agent applied to a wood baseboard using the at least one NIR measuring head in a wavelength range between 700 nm and 2000 nm, [0049]
determining the application amount of the at least one sealing agent by comparing the NIR spectrum recorded for the sealing agent with the calibration model created, [0048, 0058], wherein the production line runs continuously, [0009].
Even though Cowan teaches determining the application amount of at least one sealing agent on at a wood-based board and wherein the production line runs continuously, Cowan is silent about determining the application amount of sealing agent on at least one side edge of a wood-based board, wherein the production line runs continuously at a speed of between 100 and 250 m/min.
However, since Cowan teaches determining the application amount of at least one sealing agent on at a wood-based board, [0048] and Kalwa related to optical measuring devices and thus in the same field of endeavor teaches (“the NIR detector can be installed at any position following the dryers. Thereby, the detector can also traverse over the board width or analyze specific problem areas (for instance over-drying in the edge or central area of the boards and so on), [0065]. Therefore, Kalwa teaches that the head NIR detector is in a position to analyze the edge of the wood-based board, [0065].
A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the device perform a known function of analyzing the amount of at least one sealing agent on at a wood-based board and is predictable to apply the same function to the edge of the wood-based board as disclosed by Kalwa.
Therefore, it would be “obvious to try” to determining the application amount of sealing agent on at least one side edge of a wood-based board since achieves the predictable result of determining the application amount of sealing agent as result of routine optimization in order to increase the data of amount of sealing agent, resulting in increased versability of measurement as part of the process of calibrating the device, thus allowing to improve the device accuracy.
Cowan in view of Kalwa still lack to teach wherein the production line runs continuously at a speed of between 100 and 250 m/min.
However, Benz related to wood fiber coating devices and thus from the same field of endeavor teaches wherein the production line runs continuously at a speed of between 100 and 250 m/min, [0089, 0124], also (see MPEP 2144.05). Additionally, Benz teaches a method for edge coating of wood-based board, [0026-0027]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein the production line runs continuously at a speed of between 100 and 250 m/min (as taught by Benz) for several advantages such as: allowing to reduce the production time as result of routine optimization in order to increase the efficiency of the device.
Regarding claim 18, Cowan in the combination outlined above teaches the measuring method according to claim 16.
Benz further teaches wherein the penetration of the sealing agent into the side edge of the at least one wood-based board is determined, [0026].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein the penetration of the sealing agent into the side edge of the at least one wood-based board is determined (as taught by Benz) for several advantages such as: a method for edge coating is provided which allows a high degree of flexibility both in terms of design and production and which is economically feasible overall. Most importantly, both the amount of raw material required, and transportation and storage costs are significantly reduced, ([0049], Benz).
Regarding claim 19, Cowan in the combination outlined above teaches the measuring method according to claim 16.
Kalwa further teaches wherein the measurement is carried out along the side edge of a wood-based board at at least one measuring point, [0065].
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein the measurement is carried out along the side edge of a wood-based board at at least one measuring point, (as taught by Kalwa) for several advantages such as: the measured values are readily available and allow an immediate interference in the process, thus increase the versability of the device, ([0065], Kalwa).
Regarding claim 20, Cowan in the combination outlined above teaches the measuring method according to claim 16.
Cowan further teaches wherein the at least one wood-based board is a medium-density fibre (MDF), high-density fibre (HDF) or oriented strand board (OSB), plywood panel or a wood-plastic panel (WPC), [0019].
Regarding claim 21, Cowan in the combination outlined above teaches the measuring method according to claim 16.
Cowan further teaches wherein the at least one sealing agent is an isocyanate, toluene diisocyanate (TDI), a fluorocopolymer, an epoxy resin, acetic acid anhydride, paraffin, [0042].
Regarding claim 29, Cowan in the combination outlined above teaches the measuring method according to claim 16,
Cowan further teaches wherein spectral data from the NIR spectral range at least one of between 1150 and 1250 nm and between 1350 nm and 1550 nm, are used to create the calibration model, [0013], which are pretreated using suitable mathematical methods and then fed to the multivariate data analysis, [0015].
Regarding claims 33-34, Cowan in the combination outlined above teaches the measuring method according to claim 16.
Benz further teach:
(claim 33) wherein the production line runs continuously at a speed between 120 and 200 m/min, [0089, 0124], also (see MPEP 2144.05).
(claim 34) wherein the production line runs continuously at a speed of between 150 and 180 m/min, [0089, 0124], also (see MPEP 2144.05).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein the production line runs continuously at a speed between 120 and 200 m/min, [0089, 0124], wherein the production line runs continuously at a speed of between 150 and 180 m/min, (as taught by Benz) for several advantages such as: allowing to reduce the production time as result of routine optimization in order to increase the efficiency of the device.
Regarding claim 35, Cowan in the combination outlined above teaches the measuring method according to claim 16.
Cowan further teaches wherein using at least one NIR measuring head in a wavelength range between 900 nm and 1700 nm, [0012].
Claims 17 and 23-24, 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over, Cowan in view of Kalwa and Benz, and further in view of D'Hondt, (US 10655338 B2), hereafter D'Hondt.
Regarding claims 17, 23-24 and 31-32, Cowan in the combination outlined above teaches the measuring method.
The modified device of Cowan is silent about:
(claim 17) wherein the side edges have at least one of profiled surfaces, joining surfaces and chamfers to which the sealing agent is applied.
(claim 23) wherein the at least one sealing agent comprises at least one solvent.
(claim 24) wherein the at least one solvent is water, a glycol ether, such as dipropylene glycol dimethyl ether, ethyl acetate, acetone, butyl diphenyl methane, tetramethoxy ether.
(claim 31) wherein the side edge of the wood-based board to be provided with the sealing agent and a side edge opposite thereto comprise mechanical coupling means which enable the wood-based board to be coupled or connected to similar wood-based boards to form a composite (panel composite).
(claim 32) wherein the mechanical coupling means are provided in the form of a groove and a tongue.
However, D'Hondt related to wood fiber coating devices and thus from the same field of endeavor teaches
(claim 17) wherein the side edges have at least one of profiled surfaces, joining surfaces and chamfers to which the sealing agent is applied, ( as shown in Figs. 1 and 2 the edge surface 2-5 comprise a beveled and chamfered edge that is being coated, [col. 6 , lines 14-16], [col. 10, lines 16-21], [col. 11, lines 13-16]).
(claim 23) wherein the at least one sealing agent comprises at least one solvent, [col. 5, lines 28-31].
(claim 24) wherein the at least one solvent is water, a glycol ether, such as dipropylene glycol dimethyl ether, ethyl acetate, acetone, butyl diphenyl methane, tetramethoxy ether, [col. 2, lines 56-65].
(claim 31) wherein the side edge (Fig. 2 element 2) of the wood-based board to be provided with the sealing agent, and a side edge (Fig. 2 element 3) opposite thereto comprise mechanical coupling means (coupling parts element 6) which enable the wood-based board to be coupled or connected to similar wood-based boards to form a composite panel composite, [col. 8, lines 62-67], [Col. 9, lines 26-32].
(claim 32) wherein the mechanical coupling means are provided in the form of a groove and a tongue, (as shown in Fig. 2 , The coupling parts 6 illustrated here are basically formed as a tongue 7 and groove 8 connection”, [Col. 9, lines 1-6]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein the side edges have at least one of profiled surfaces, joining surfaces and chamfers to which the sealing agent is applied, wherein the at least one sealing agent comprises at least one solvent, wherein the at least one solvent is water, a glycol ether, such as dipropylene glycol dimethyl ether, ethyl acetate, acetone, butyl diphenyl methane, tetramethoxy ether, wherein the side edge of the wood-based board to be provided with the sealing agent and a side edge opposite thereto comprise mechanical coupling means which enable the wood-based board to be coupled or connected to similar wood-based boards to form a composite panel composite, wherein the mechanical coupling means are provided in the form of a groove and a tongue, (as taught by D'Hondt) for several advantages such as: the coupling parts are of the type that allows that two of such panels can be coupled to each other, upon choice, by a rotational movement W or a horizontal shifting S movement of one panel in respect to the other thus allow to creating a minimized risk for moisture ingress, ([Col. 9, lines 10-25], D'Hondt).
Claims 22 and 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over, Cowan in view of Kalwa and Benz, and further in view of Kalwa et al. (WO 2020016176 A1, included in IDS on 08/14/2024), hereafter Kalwa 2020.
Regarding claims 22 and 25-27, Cowan in the combination outlined above teaches the measuring method.
The modified device of Cowan is silent about:
(claim 22) wherein the at least one sealing agent is a mixture of at least one compound of the general formula (I) SiXl4 wherein X1 is alkoxy-, aryloxy-, acyloxy-, at least one compound of the general formula (II) R2b SiX24-b), wherein X2 is H or alkoxy-, aryloxy-, acyloxy-, R2 is a non-hydrolyzable organic radical R2 selected from the group comprising alkyl and aryl, and b = 1, 2, 3, or 4.
(claim 25) wherein the at least one sealing agent has a solids content of between 30 and 100% by weight.
(claim 26) The measuring method according to claim 16, wherein the sealing agent is used as a suspension.
(claim 27) wherein an aqueous suspension with a solids content of 50-70% by weight and a water content of 30-50% by weight is used as the sealing agent.
Kalwa 2020 related to wood fiber coating devices and thus from the same field of endeavor teaches:
(claim 22) wherein the at least one sealing agent is a mixture of at least one compound of the general formula (I) SiXl4 wherein X1 is alkoxy-, aryloxy-, acyloxy-, (the compound of the general formula (I)corresponds to the formula SiX .sub.4 , the radical X being OH or alkoxy, , [page 5, paragraph 3]), at least one compound of the general formula (II) R2b SiX24-b), wherein X2 is H or alkoxy-, aryloxy-, acyloxy-, R2 is a non-hydrolyzable organic radical R2 selected from the group comprising alkyl and aryl, and b = 1, 2, 3, or 4, at least one aqueous polymer dispersion, [page 3, lines 16-34] and optionally at least one bevel color (For purposes of examination, the limitations tied to the phrase “optionally” will not be considered as part of the claimed invention until this deficiency is cured, See MPEP § 2173.05(d)).
(claim 25) wherein the at least one sealing agent has a solids content of between 30 and 100% by weight, (solid content 42%, [page 9, paragraph 3]).
(claim 26) wherein the sealing agent is used as a suspension, ([page 6, paragraph 11], [page 8, lines 21-32]).
(claim 27) wherein an aqueous suspension with a solids content of 50-70% by weight and a water content of 30-50% by weight is used as the sealing agent, (50% solid, 30% water content [page 8, lines 21-32]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein the at least one sealing agent is a mixture of at least one compound of the general formula (I) SiXl4 wherein X1 is alkoxy-, aryloxy-, acyloxy-, at least one compound of the general formula (II) R2b SiX24-b), wherein X2 is H or alkoxy-, aryloxy-, acyloxy-, R2 is a non-hydrolyzable organic radical R2 selected from the group comprising alkyl and aryl, and b = 1, 2, 3, or 4, at least one aqueous polymer dispersion, wherein the at least one sealing agent has a solids content of between 30 and 100% by weight, wherein the sealing agent is used as a suspension, wherein an aqueous suspension with a solids content of 50-70% by weight and a water content of 30-50% by weight is used as the sealing agent (as taught by Kalwa 2020) for several advantages such as: the composition lower swelling of the edges and the composition does not penetrate or migrate into the boards, thus increase the durability of the edges of the wood boards, ([page 4, paragraph 3], Kalwa 2020).
Regarding claim 28, Cowan in the combination outlined above teaches the measuring method according to claim 26,
Cowan further teaches wherein spectral data, [0014-0015] from the entire recorded spectral range are used to create the calibration model, [0027].
Claim 30 are rejected under 35 U.S.C. 103 as being unpatentable over, Cowan in view of Kalwa and Benz, and further in view of Denk et al. (EP 3428619 B1), hereafter Denk.
Regarding claim 30, Cowan in the combination outlined above teaches the measuring method according to claim 16,
The modified device of Cowan further teaches wherein at least one determination into the side edge of the wood-based board is carried out continuously and online, ([0065-0066], Kalwa).
The modified device of Cowan fail to teach wherein at least one of the determination of the application amount and penetration of the sealing agent of the wood-based board is carried out continuously and online.
However, Denk related to wood fiber coating devices and thus from the same field of endeavor teaches wherein at least one of the determination of the application amount and penetration of the sealing agent of the wood-based board is carried out continuously and online, (“The present method for determining the application amount of the liquid resin layer is preferably carried out continuously in a production line of wood-based panels and online”, [page 7, paragraph 7]).
Therefore, it would been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the modified device of Cowan by including wherein at least one of the determination of the application amount and penetration of the sealing agent of the wood-based board is carried out continuously and online (as taught by Denk) for several advantages such as: real-time monitoring of the application quantity allows to implement an automatically controlled system with alarm message, thus increase the accuracy, ([page 7, paragraph 11], Denk).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS G PEREZ-GUZMAN whose telephone number is (571)272-3904. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm ET.
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, Tarifur Chowdhury can be reached at (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARLOS PEREZ-GUZMAN/ Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877