DETAILED ACTION
Examiner’s Note
The Examiner acknowledges the cancelation of claim 2 and the addition of new claims 5-7 in the amendments filed 6/30/2026.
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 .
Rejections
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 and 3-7 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 1, it is unclear from the claim limitations what is, and is not, being claimed as it is unclear if the recited 2,2-dimethyl-1,3-propylene is referring tot eh previously recited polyol (x1) or the polyol (x2).
Allowable Subject Matter
Claims 1 and 3-7 are allowable over the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art is:
WO 2020/203957 A1 to Goto et al. in view of JP 2011136510 A to Hama et al. and in further view of Kanagawa et al. (US 2010/0104831 A1).
Goto teaches a decorative sheet (100) (laminate) comprising, from top to bottom, surface protective layer (10), primer layer (20), transparent resin layer (30), decorative layer (40) and substrate layer (50) (para 0028; Fig. 1), with embodiments limited to laminates of, inter alia, substrate layer (50)/primer layer (20)/surface protective layer (10) (para 0030-0036).
Goto also teaches that the decorative sheet (100) and an adherend are laminated via adhesive layer (B) comprising a moisture curing hot-melt urethane resin adhesive (moisture-curable polyurethane hot-melt resin composition) towards saturated adhesion at cooling/solidification, moisture cured initial adhesion, and the suppression of reduced adhesion due to hydrolytic degradation (para 0145, 0156-0158). The Examiner notes that the substrate layer (50) teaches the presently claimed substrate. Goto continues to teach that the primer layer (20) comprises a urethane binder resin (resin composition comprising a urethane resin (A)) (para 0115-0117).
Goto is silent to the primer layer (20) comprising water, and to the urethane binder resin comprising a glass transition temperature (Tg) of 0 ℃ or less; and to the moisture curing hot-melt urethane resin adhesive comprising presently claimed components (X) and (Y).
However, Goto teaches that the primer layer (20) improves the adhesiveness between the substrate and surface protective layers (para 0115). Goto also teaches that the primer layer is formed via applying coating liquids comprising the composition to form each layer and then drying (para 0140).
Indeed, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to employ water as the coating liquid for the primer layer (20) comprising the urethane binder as the selection for a coating solvent would have been well within the knowledge available to the skilled artisan as in the present invention.
In addition, Hama teaches a decorative panel (1) comprising, inter alia, a primer layer (3) comprising a chemical/physical easy-adhesion surface treatment (5), said primer layer (3) is interim to overlay layer (23) or a design layer (22) (overlay layer (23) is optional) and surface protective layer (4) (para 0021, 0028; Figs. 1-2). Hama teaches that the primer layer (3) comprises a thermoplastic urethane resin(s) comprising polyols such as polyester polyols, and polyisocyanate (para 0021-0023), and having a glass transition temperature (Tg) of -70 to -15 ℃ (Tg = 0 ℃ or less) towards improving adhesion (para 0024).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to employ a urethane binder resin comprising a Tg identical to that presently claimed towards improved adhesion between the overlay layer (23) or the design layer (22) and the surface protective layer (4) of Goto as in the present invention.
Further, Kanagawa teaches a moisture-curable polyurethane hot melt adhesive comprising a urethane prepolymer, which is the reaction product of polyols (A) (polyol (X)) and a polyisocyanate (B) (polyisocyanate (Y)) (para 0034); and which said polyols (A) comprise:
polyester polyol (a-1) obtained via bisphenol A and an aromatic polycarboxylic acid (aromatic polyester polyol (x3));
crystalline polyester polyol (a-2) (crystalline polyester polyol (x1));
and polyoxyethylene glycol (a-3) (i.e., an aliphatic polyol),
towards a balance of excellent moisture permeability, excellent water-resistant adhesive strength and a soft pliable texture (para 0048).
Kanagawa does not teach that the polyoxyethylene glycol (a-3) is a polyester polyol, nor does the polyoxyethylene glycol (a-3) comprise the 2,2-dimethyl-1,3-propylene.
Claims 1 and 3-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 FRANK D DUCHENEAUX whose telephone number is (571)270-7053. The examiner can normally be reached 8:30 PM - 5:00 PM.
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, Alicia A Chevalier can be reached at 571-272-1490. 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.
/FRANK D DUCHENEAUX/Primary Examiner, Art Unit 1788 8/27/2026
Prosecution Insights