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 .
Specification
The disclosure is objected to because of the following informalities: please include and update the continuation information in the specification.
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.
Claim 6 is 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 “said composition comprises between compatibilizer though not more than 5 wt%” is unclear. Clarification and/or correction is needed.
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 1, 5-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naeyaert (WO 2016/001859).
Regarding claims 1, 7-8, 10-11, 13, and 17- 20, Naeyaert discloses method for manufacturing floor panel, comprising the steps of:
providing a layer-shaped substrate having a thickness of 2 to 5 mm – page 4, lines 19-20, page 10, lines 26-29, by extruding and/or calendaring – page 7, line 15-17, a composition comprising polypropylene and/or polyethylene terephthalate – page 5, line 34-35, at least 55 wt % of chalk, limestone and/or chalk – page 6, lines 1-11;
providing a glass fiber cloth on the substrate layer/counter layer – page 7, line 30;
providing a plastisol on the glass fiber cloth/counter layer – page 7, line 31;
providing a top layer on said layer-shaped substrate, wherein said top layer comprises a decor being a pattern in the form of a print, as well as a transparent or translucent wear layer situated above said decor; providing said top layer with embossments – see Fig. 11, lines 4-6;
providing mechanical coupling parts of the snap-on type in said substrate layer by means of a milling treatment with rotating milling tools, wherein said coupling parts allow coupling two of such floor panels to each other thereby effecting a locking both in a direction perpendicular to the plane of the coupled floor panels and in a direction perpendicular to the coupled edges and in the plane of the coupled floor panels – see page 12, line 28- col. 13, line 4.
Regarding claims 5-6 and 16, wherein the method further comprises the steps of applying a stabilizing coating/compatibilizers from polymethyl methacrylate (PMMA), polytetrafluoroethylene (PTFE), acrylonitrile butadiene styrene (ABS), polynorbornene or polycarbonate – page 5, lines 10-19.
Regarding claims 9 and 19, wherein the composition further comprises 5 to 15 wt % of elastomer/plasticizer/thermoplastic material – page 5, lines 30-32.
Regarding claim 12, Naeyaert further discloses the step of applying a base coat or primer on said layer-shaped substrate, wherein said providing said top layer on said layer-shaped substrate comprises providing said decor by means of a digital inkjet printer directly on said base coat or primer – see abstract, page 7, lines 32-33.
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 2-4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Naeyaert as applied to claims 1, 5-13 and 16-20 above, and further in view of Cheng et al. (2013/0216812).
Naeyaert discloses a method for manufacturing floor panels above, but fails to disclose that the polypropylene is polypropylene grafted with maleic anhydride and the composition further comprises a melt enhancer.
Cheng et al. discloses a modified polypropylene compositions with enhanced melt strength for extruding sheets of floor covers [0004], [0221], [0253]; wherein styrene maleic anhydride is used in addition to polypropylene so that the polymer can be melted and then cooled without appreciable change in solid-state properties before and after heating [0217].
It would have been obvious to one of ordinary skill in the art to provide Naeyaert with enhanced melt material maleic anhydride as taught by Cheng et al. so that the polymer can be melted and then cooled without appreciable change in solid-state properties before and after heating.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thu-Khanh T. Nguyen whose telephone number is (571)272-1136. The examiner can normally be reached 7:30-4:30.
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, Galen Hauth can be reached at 571-270-5516. 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.
/Thu Khanh T. Nguyen/Primary Examiner, Art Unit 1743
Prosecution Insights