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 § 102
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.
Claims 37-38 and 48 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallman (Pg Pub. 2019/0077114) as evidenced by Celanese Complete Textile Glossary, 2001.
Regarding claims 37-38 and 48, Gallman et al. teaches a carpet tile having a top wear surface and a carpet tile bottom surface comprising a facecloth 111 having a primary backing having a facecloth top surface and facecloth bottom surface and a plurality of face yarns 105 [Fig. 1]. The plurality of face yarns extend from the facecloth top surface of the primary backing to form the top wear surface [Fig. 1]. A polymer second backing layer having a polymer secondary backing top surface bonded to the facecloth bottom surface and a polymer secondary backing bottom surface opposite the polymer secondary backing top surface [Fig. 1]. The polymer secondary backing layer is a continuous sheet [0038]. A cushion layer bonded (considered to be the combination of the scrim and coating in 0034) to the polymer secondary backing bottom surface comprising a scrim and a cushion polymer (the cushion polymer is the coating). At least 0.1% of the cushion polymer is on one side of the scrim (“ For example, the nonirritating coating may be applied to a bottom surface (e.g., the exposed bottom surface) of the reinforcing scrim layer 130” in 0034). The scrim has an open construction and a portion of the polymer secondary backing bottom surface is in contact with the cushion polymer through the openness of the scrim. The very definition of scrim is “A lightweight, open-weave, coarse fabric; the best qualities are made with two-ply yarns.” as defined by the Celanese Complete Textile Glossary. Gallman et al. states “ For example, the nonirritating coating may be applied to a bottom surface (e.g., the exposed bottom surface) of the reinforcing scrim layer 130”. Therefore, it is abundantly clear a portion of the polymer secondary backing bottom surface is in contact with the cushion polymer through the openness of the scrim.
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 39-47 and 49-56 are rejected under 35 U.S.C. 103 as being unpatentable over Gallman (PG Pub. 2019/0077114) in view of JP 2004500930 (hereinafter referred to as ‘930).
Regarding claims 39-41 and 49-51, Gallman et al. teaches the scrim is a nonwoven fiber mat or woven fiber mat and comprises fiberglass [0034 and 0047]. Gallman et al. teach the nonirritating coating can be any thermoplastic polymer, but is silent regarding the claimed specific polymer. However, ‘930 teaches using polyester as the thermoplastic in order to provide stability and cushioning to the carpet [0071]. It would have been obvious to one of ordinary skill in the art to use the polyester of ‘930 in Gallman et al. in order to provide stability and cushioning to the carpet and arrive at the claimed invention.
Regarding claims 42-47 and 52-55, the polymer secondary backing layer comprises a resin [0008]. The resin comprises a polyolefin material including polyethylene or polypropylene in an amount of at least 10-40 weight percent of the weight of the resin [0008]. The resin comprises the claimed amount of filler material [0008]. The carpet tile comprises a pre-coat layer [0004, 0006 and 0014]. The facecloth is woven or tufted [0016].
Regarding claim 56, Gallman et al. teaches a carpet tile having a top wear surface and a carpet tile bottom surface comprising a facecloth 111 having a primary backing having a facecloth top surface and facecloth bottom surface and a plurality of face yarns 105 [Fig. 1]. The plurality of face yarns extend from the facecloth top surface of the primary backing to form the top wear surface [Fig. 1]. A sheet of resin layer having a top surface bonded to the facecloth bottom surface and a bottom surface opposite the top surface [Fig. 1]. The polymer secondary backing layer is a continuous sheet and substantially uniform thickness [0038]. A cushion layer bonded (considered to be the combination of the scrim and coating in 0034) to the bottom surface of the sheet of resin comprises a scrim and a cushion polymer (the cushion polymer is the coating). The cushion has a top surface and a bottom surface and the scrim has a weight and the cushion polymer has a cushion polymer weight. At least 0.1% of the cushion polymer is on one side of the scrim (“ For example, the nonirritating coating may be applied to a bottom surface (e.g., the exposed bottom surface) of the reinforcing scrim layer 130” in 0034). The scrim has an open construction and a portion of the polymer secondary backing bottom surface is in contact with the cushion polymer through the openness of the scrim. The very definition of scrim is “A lightweight, open-weave, coarse fabric; the best qualities are made with two-ply yarns.” as defined by the Celanese Complete Textile Glossary. Gallman et al. states “ For example, the nonirritating coating may be applied to a bottom surface (e.g., the exposed bottom surface) of the reinforcing scrim layer 130”. Therefore, it is abundantly clear a portion of the polymer secondary backing bottom surface is in contact with the cushion polymer through the openness of the scrim.
Gallman et al. is silent regarding the claimed ratio. However, ‘930 teaches the claimed ratio of the cushion polymer weight to the scrim weight is in the claimed range in order to provide improved desired cushion to carpet. It would have been obvious to one of ordinary skill in the art to use the ratio taught by ‘930 in Gallman in order to achieve improved cushion and arrive at the claimed invention.
Prior Art Not Used but Relevant
Pg Pub. 2009/0263616 teaches a carpet tile comprising cushion and secondary backing with scrim.
Conclusion
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/Shawn Mckinnon/Examiner, Art Unit 1789
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