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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1 – 18, in the reply filed on August 11, 2026 is acknowledged.
Claims 19 – 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 11, 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 24 in Figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 – 18 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.
The phrase “a decorative laminate sheet assembly comprised of an overlay paper layer, a decorative layer, and a core layer; and a textured delivery assembly including a top side and a bottom side, with a decorative sheet, a textured protective film, and a textured substrate assembly” in claim 1 is unclear, which renders the claim vague and indefinite. It s unclear from the above claim language if the decorative laminate sheet assembly and the textured delivery assembly are two different elements or if they are being used together to form one single entity. It is also unclear what the order of the assemblies are if they are being used together to form the laminate. Does the decorative laminate go on the delivery assembly? What layers are in contact with each other? It is also noted that both assemblies contain a decorative layer or decorative sheet.
The phrases “decorative layer” and “decorative sheet” in claims 1 – 3 are unclear, which render the claim vague and indefinite. Applicant’s figures appear to only show one decorative element as part of the textured delivery assembly (Figure 1, #15; Paragraphs 0041 and 0042). Should there be multiple decorative layers as claimed? The terms “decorative layer” and “decorative sheet” appear to be the same thing.
The phrase “the second layer of the acrylate mixture second layer is applied to the textured substrate layer such that the texture of the textured substrate layer is ultimately applied to a top first surface of the textured protective film, the second layer of the acrylate mixture is only temporarily applied to the textured substrate layer and the textured substrate assembly is ultimately separated from the textured protective film to reveal the textured surface” in claim 17 is unclear, which renders the claim vague and indefinite. It is unclear from the above phrase what structure is being claimed for the laminate. It appears to more method limitations than structural limitations.
Claims 4 – 18 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, due to their dependency on the above rejected claims.
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.
(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.
Claims 1 – 12 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ma et al. (USPGPub 2020/0290332 A1).
Ma et al. disclose a decorative laminate lay-up (Figures; Abstract) comprising: a decorative laminate sheet assembly comprised of an overlay paper layer (Figure 1, #24), a decorative layer (Figure 1, #16), and a core layer (Figure 1, #26); and a textured delivery assembly including a top side and a bottom side (Figure 1, #12), with a decorative sheet (Figure 1, #16), a textured protective film (Figure 1, #14b), and a textured substrate assembly (Figure 1, #14b and 16); wherein the decorative laminate lay-up is used in manufacture of decorative laminates (Paragraph 0002) as in claim 1. With respect to claim 2, the decorative layer is a decorative sheet of unimpregnated paper (Paragraph 0031, wherein the paper may be untreated). Regarding to claim 3, the decorative sheet of unimpregnated paper is a paper sheet manufactured from high quality 80-202 grams per square meter ream weight, pigment filled, alpha cellulose paper (Paragraph 0031). For claim 4, the overlay paper layer is a low basis weight paper (Paragraph 0041). In claim 5, the low basis weight paper layer is impregnated with melamine-formaldehyde resin (Paragraph 0041). With regard to claim 6, before impregnation with resin, the paper of the overlay paper layer is treated with electron beam irradiation to prepare the overlay paper layer for resin impregnation (The recitation that “paper layer is treated with electron beam irradiation to prepare the overlay paper layer for resin impregnation” is a process recitation in a product. Product claims including process recitations are not limited by the manipulation of the recited steps, only the structure implied by the steps. See MPEP 2113. In the present instance, the process steps imply a resin impregnated into an overlay. The reference discloses such a product. See Figure 1; Paragraph 0041). As in claim 7, the core layer is composed of a plurality of phenolic resin impregnated sheets (Paragraph 0049). With respect to claim 8, the textured protective film includes a solvent-free and non-aqueous lacquer (Paragraphs 0031 – 0040, wherein the material is urethane acrylic). Regarding claim 9, the lacquer is an acrylate mixture comprised of a urethane acrylic (Paragraphs 0031 – 0040, wherein the material is urethane acrylic). For claim 10, the textured substrate assembly is formed by applying the acrylate mixture, upon a first side of a substrate and the acrylate mixture is irradiated with UV-radiation to a create a UV-irradiated layer (Paragraphs 0031 – 0040, wherein the material is urethane acrylic). In claim 11, applying the acrylate mixture includes laying the urethane acrylic upon the first side of the substrate (Paragraphs 0031 – 0040, wherein the material is urethane acrylic). As in claim 12, irradiation is applied so that the acrylate mixture is neither hardened nor entirely crosslinked, wherein the acrylate mixture is only crosslinked on an exposed surface thereof thereby producing a matte surface on the exposed surface through effects of micro-convolution (Paragraphs 0031 – 0040, wherein the material is urethane acrylic).
Claims 1, and 7 – 12 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ma et al. (USPGPub 2019/0210331 A1).
Ma et al. disclose a decorative laminate lay-up (Figures; Abstract) comprising: a decorative laminate sheet assembly comprised of an overlay paper layer (Figure 1, #16), a decorative layer (Figure 1, #18), and a core layer (Figure 1, #20a – c); and a textured delivery assembly including a top side and a bottom side (Figure 1, #14), with a decorative sheet (Figure 1, #18), a textured protective film (Figure 1, #14), and a textured substrate assembly (Figure 1, #14; Paragraph 0039); wherein the decorative laminate lay-up is used in manufacture of decorative laminates (Paragraphs 0003 and 0004) as in claim 1. As in claim 7, the core layer is composed of a plurality of phenolic resin impregnated sheets (Figure 1, #20a – c; Paragraph 0095). With respect to claim 8, the textured protective film includes a solvent-free and non-aqueous lacquer (Paragraph 0043). Regarding claim 9, the lacquer is an acrylate mixture comprised of epoxy acrylic or a urethane acrylic (Paragraph 0011, 0023, 0043). For claim 10, the textured substrate assembly is formed by applying the acrylate mixture, upon a first side of a substrate and the acrylate mixture is irradiated with UV-radiation to a create a UV-irradiated layer (Paragraph 0011, 0023, 0043). In claim 11, applying the acrylate mixture includes laying the epoxy acrylic or urethane acrylic upon the first side of the substrate (Paragraph 0011, 0023, 0043). As in claim 12, irradiation is applied so that the acrylate mixture is neither hardened nor entirely crosslinked, wherein the acrylate mixture is only crosslinked on an exposed surface thereof thereby producing a matte surface on the exposed surface through effects of micro-convolution (Paragraph 0011, 0023, 0043).
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 13 - 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al. (USPGPub 2019/0210331 A1) in view of MacQueen et al. (USPGPub 2001/0038910 A1).
Ma et al. disclose a decorative laminate lay-up (Figures; Abstract) comprising: a decorative laminate sheet assembly comprised of an overlay paper layer (Figure 1, #16), a decorative layer (Figure 1, #18), and a core layer (Figure 1, #20a – c); and a textured delivery assembly including a top side and a bottom side (Figure 1, #14), with a decorative sheet (Figure 1, #18), a textured protective film (Figure 1, #14), and a textured substrate assembly (Figure 1, #14; Paragraph 0039); wherein the decorative laminate lay-up is used in manufacture of decorative laminates (Paragraphs 0003 and 0004). However, Ma et al. fail to disclose the textured substrate assembly includes a textured substrate layer that includes a first side facing the substrate and a second side facing away from the substrate and upon which the matte surface is formed, the textured substrate assembly, which is composed of the textured substrate layer and the substrate, is a unitary structure that will not delaminate during a laminate production process, a second layer of the acrylate mixture, which ultimately becomes the textured protective film, is then applied to the exposed surface of the epoxy acrylic or urethane acrylic UV cured textured substrate layer, the second layer of the acrylate mixture is then subjected to a UV precure and the decorative layer is wet laminated to the exposed surface thereby completing the textured delivery assembly and the textured delivery assembly is ready for application to the overlay paper layer, the second layer of the acrylate mixture second layer is applied to the textured substrate layer such that the texture of the textured substrate layer is ultimately applied to a top first surface of the textured protective film, the second layer of the acrylate mixture is only temporarily applied to the textured substrate layer and the textured substrate assembly is ultimately separated from the textured protective film to reveal the textured surface, and the first side of the textured substrate layer is ultimately imparted to a top layer of the decorative laminate, and a resulting decorative laminate is provided with a top surface having matte texture that is the same as that of the textured surface of textured substrate layer.
MacQueen et al. teach a decorative laminate (Paragraphs 0106 and 0107) having a the textured substrate assembly includes a textured substrate layer that includes a first side facing the substrate and a second side facing away from the substrate and upon which the matte surface is formed (Paragraph 0089), the textured substrate assembly, which is composed of the textured substrate layer and the substrate, is a unitary structure that will not delaminate during a laminate production process (Paragraphs 0060 and 0089), a second layer of the acrylate mixture, which ultimately becomes the textured protective film, is then applied to the exposed surface of the epoxy acrylic or urethane acrylic UV cured textured substrate layer (Paragraphs 0057, 0060, 0089, 0131, 0132), the second layer of the acrylate mixture is then subjected to a UV precure and the decorative layer is wet laminated to the exposed surface thereby completing the textured delivery assembly and the textured delivery assembly is ready for application to the overlay paper layer (Paragraphs 0057, 0060, 0089, 0126, 0131, 0132), the second layer of the acrylate mixture second layer is applied to the textured substrate layer such that the texture of the textured substrate layer is ultimately applied to a top first surface of the textured protective film, the second layer of the acrylate mixture is only temporarily applied to the textured substrate layer and the textured substrate assembly is ultimately separated from the textured protective film to reveal the textured surface (Paragraph 0126), and the first side of the textured substrate layer is ultimately imparted to a top layer of the decorative laminate, and a resulting decorative laminate is provided with a top surface having matte texture that is the same as that of the textured surface of textured substrate layer (Paragraphs 0131 and 0132) for the purpose of forming a decorative laminate with superior abrasion resistance and unique aesthetic qualities (Paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a textured substrate with the desired characteristics in Ma et al. in order to have a decorative laminate with superior abrasion resistance and unique aesthetic qualities as taught by MacQueen et al.
Claims 13 - 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al. (USPGPub 2020/0290332 A1) in view of MacQueen et al. (USPGPub 2001/0038910 A1).
Ma et al. disclose a decorative laminate lay-up (Figures; Abstract) comprising: a decorative laminate sheet assembly comprised of an overlay paper layer (Figure 1, #24), a decorative layer (Figure 1, #16), and a core layer (Figure 1, #26); and a textured delivery assembly including a top side and a bottom side (Figure 1, #12), with a decorative sheet (Figure 1, #16), a textured protective film (Figure 1, #14b), and a textured substrate assembly (Figure 1, #14b and 16); wherein the decorative laminate lay-up is used in manufacture of decorative laminates (Paragraph 0002). However, Ma et al. fail to disclose the textured substrate assembly includes a textured substrate layer that includes a first side facing the substrate and a second side facing away from the substrate and upon which the matte surface is formed, the textured substrate assembly, which is composed of the textured substrate layer and the substrate, is a unitary structure that will not delaminate during a laminate production process, a second layer of the acrylate mixture, which ultimately becomes the textured protective film, is then applied to the exposed surface of the epoxy acrylic or urethane acrylic UV cured textured substrate layer, the second layer of the acrylate mixture is then subjected to a UV precure and the decorative layer is wet laminated to the exposed surface thereby completing the textured delivery assembly and the textured delivery assembly is ready for application to the overlay paper layer, the second layer of the acrylate mixture second layer is applied to the textured substrate layer such that the texture of the textured substrate layer is ultimately applied to a top first surface of the textured protective film, the second layer of the acrylate mixture is only temporarily applied to the textured substrate layer and the textured substrate assembly is ultimately separated from the textured protective film to reveal the textured surface, and the first side of the textured substrate layer is ultimately imparted to a top layer of the decorative laminate, and a resulting decorative laminate is provided with a top surface having matte texture that is the same as that of the textured surface of textured substrate layer.
MacQueen et al. teach a decorative laminate (Paragraphs 0106 and 0107) having a the textured substrate assembly includes a textured substrate layer that includes a first side facing the substrate and a second side facing away from the substrate and upon which the matte surface is formed (Paragraph 0089), the textured substrate assembly, which is composed of the textured substrate layer and the substrate, is a unitary structure that will not delaminate during a laminate production process (Paragraphs 0060 and 0089), a second layer of the acrylate mixture, which ultimately becomes the textured protective film, is then applied to the exposed surface of the epoxy acrylic or urethane acrylic UV cured textured substrate layer (Paragraphs 0057, 0060, 0089, 0131, 0132), the second layer of the acrylate mixture is then subjected to a UV precure and the decorative layer is wet laminated to the exposed surface thereby completing the textured delivery assembly and the textured delivery assembly is ready for application to the overlay paper layer (Paragraphs 0057, 0060, 0089, 0126, 0131, 0132), the second layer of the acrylate mixture second layer is applied to the textured substrate layer such that the texture of the textured substrate layer is ultimately applied to a top first surface of the textured protective film, the second layer of the acrylate mixture is only temporarily applied to the textured substrate layer and the textured substrate assembly is ultimately separated from the textured protective film to reveal the textured surface (Paragraph 0126), and the first side of the textured substrate layer is ultimately imparted to a top layer of the decorative laminate, and a resulting decorative laminate is provided with a top surface having matte texture that is the same as that of the textured surface of textured substrate layer (Paragraphs 0131 and 0132) for the purpose of forming a decorative laminate with superior abrasion resistance and unique aesthetic qualities (Paragraph 0002).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a textured substrate with the desired characteristics in Ma et al. in order to have a decorative laminate with superior abrasion resistance and unique aesthetic qualities as taught by MacQueen et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 August 25, 2026
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