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 § 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.
Claim 47-58 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.
Claim 47 recites the limitation "said sheet" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 47 recites the limitation "the horizontal plane" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 47 recites the limitation "the sheet" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 53 recites the limitation "said sheet" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 54 recites the limitation "the opening" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 55 recites the limitation "the sheet" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 55 recites the limitation "the die" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 55 recites the limitation "the sheet" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 58 recites the limitation "said sheet" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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)(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.
Claim(s) 47-51 and 53-56 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GOSS et al. (5,735,983-of record) as evidenced by BERRIER et al. (5,223,375).
Regarding claim 47, GOSS et al. discloses a method for manufacturing an
extruded sheet (18), wherein said sheet is extruded through an opening of a die (14), said die being fed by an extruder (10) (Fig.1),
wherein said die forms an inclination angle with the horizontal plane (C4:L36-38, Fig.2),
wherein said extruded sheet (18) comprises an extruded polymer composition (C3:L11-20),
wherein said polymer composition comprises photocurable polymer composition (C6:L36-46) such as the one taught by BERRIER et al. which comprises polymer powder, filler materials and additives (BERRIER et al. - C6:L23-45), and said method further comprises the steps of:
providing a multi-layer cover sheet (decorative layer) comprising a plastic carrier sheet (wear layer), which are passed over the calendaring roll (26) (C8:L20-29); and
pressing said decorative layer and said wear layer together with the sheet in order to form a panel (Fig.3).
Regarding claims 48 and 53, GOSS et al. discloses the inclination angle is between 0º to 180º (C4:L38-39).
Regarding claims 49-50, GOSS et al. discloses said sheet is laid down on a first supporting means that extends vertically underneath said opening of said die wherein said sheet is done in a transitional let-down trajectory (Figs.3-4).
Regarding claim 51, GOSS et al. discloses the claimed inclination angle range (C4:L38-39). Therefore, the bent radius would inherently be 10 cm or more as claimed.
Regarding claim 54, GOSS et al. discloses the polymer sheet (18) is coextruded with a second polymer onto the carrier with another additional die (C8:L40-51).
Regarding claim 55, GOSS et al. discloses the additional sheet is different because it would have a dye or colorant to provide image contrast (C8:L52-57).
Regarding claim 56, GOSS et al. discloses having thermally adjustable die bolts (calibrating) the sheet while it is warm in order to obtain a desired thickness (C5:L31-48).
Claim Rejections - 35 USC § 103
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 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) 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over GOSS et al. (5,735,983-of record) and as evidenced by BERRIER et al. (5,223,375) as applied to claims 47-51 and 53-56 above.
The teachings of GOSS et al. and BERRIER et al. are applied as described above
for claims 47-51 and 53-56.
Regarding claim 52, GOSS et al. is silent to the radius of the roller. However, it would have been a matter of choice which one of ordinary skill in the art would have found obvious absent persuasive evidence that the radius of the roller was significant.
Allowable Subject Matter
Claims 57 and 58 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) GARRETTEE (EP 640878) discloses extruding photo-curable polymer onto moving carrier web.
b) GOTO (3,462,332) discloses a method of continuously providing a fastener on a thermoplastic film.
c) HAYWARD (5,256,357) discloses a method for cocasting film layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STELLA KIM YI whose telephone number is (571)270-5123. The examiner can normally be reached Monday-Friday 8:00-5:00 EST.
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, Christina Johnson can be reached at 571-272-1176. 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.
STELLA YI
Examiner
Art Unit 1742
/STELLA K YI/Primary Examiner, Art Unit 1742
Prosecution Insights