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 .
Claim Objections
Claims 1 and 7 are objected to because of the following informalities
Regarding Claim 1, the first “the upper side of the design pattern layer” should be “an upper side of the design pattern layer” and “the upper side of the first protective layer” should be “an upper side of the first protective layer” to match the consistency of reciting “an upper side of the sheet base member”.
Regarding Claim 7, the first “the upper side of the design pattern layer” should be “an upper side of the design pattern layer” and “the upper side of the first protective layer” should be “an upper side of the first protective layer” to match the consistency of reciting “an upper side of the sheet base member”.
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.
Claims 7-13 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 7, the claim recites “design pattern layer that is provided in on an upper surface”. This limitation is indefinite, as one of ordinary skill in the art would be uncertain where the location of the design pattern layer is in the upper surface or on the upper surface. For purposes of examination, the design pattern layer can be either on or in the upper side of the base sheet member.
Claims 8-13 are also rejected, due to their dependency on Claim 7.
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 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Oshima et al. (US 2019/0210343 A1) in view of Hama et al. (US 2010/0009135 A1)
Regarding Claim 1, Oshima teaches a decorative sheet for imitating wood (Paragraph 0047) comprising a sheet base member (Item 1), a design pattern layer that is formed on an upper side of the sheet base member by printing (Item 2a; Paragraph 0045), a first surface protective layer that is laminated on the upper side of the design layer. (Item 3), and a second surface protective layer that is partially laminated on an upper side of the first surface protective layer (Item 4).
Oshima teaches the second protective layer has a gloss different from the gloss of the first surface protective layer. (Paragraph 0073).
Oshima teaches the second surface protective layer has a roughness and has filler of resin beads or compound filler. (Paragraph 0072, 0080, 0083). Therefore, Oshima teaches the second surface protective layer will a thin film portion laminated on the upper side of the design pattern and a thick film portion that has a height that is greater than the height of the thin film portion in a vertical direction.
Oshima does not specifically teach the height of the thick film portion is 1.2 times or more the height of thin film portion.
Hama also teaches a decorative sheet (Title) comprising a top second surface protective layer, where the top surface protective layer comprises protruding beads (Fig. 5). These bead protrusions create a thin film portion and a thick film portion (Fig. 5). Hama teaches the thick film portion, protruding beads, to the thin film portion of the second protective surface layer can be 0 or greater (Paragraph 0067, 0064). Hama further teaches height relationship can be optimized. (Paragraph 0067) Hama teaches this difference allows for a better surface texture for imitating wood texture. (Paragraph 0067). Thus, it would have been obvious to one with ordinary skill art to have the claimed height difference ratio as taught by Hama to the decorative sheet of Oshima for improved texturing.
Regarding Claim 2, Oshima teaches the second surface protective layer includes a particle having a synthetic resin bead or inorganic compound filler (Paragraph 0072, 0083). Oshima teaches the average particle diameter can be 30 microns or greater. (Paragraph 0080).
This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Hama teaches the thick film portion is formed by the particles having a diameter of 10 to 30 microns (Paragraph 0011). Hama teaches these particle portions forming the thick portions Hama teaches this particle portion as the thick portion allows for a better surface texture for imitating wood texture. (Paragraph 0067). Thus, it would have been obvious to one with ordinary skill art to have the claimed particle portion as a thick film portion as taught by Hama to the decorative sheet of Oshima for improved texturing.
Regarding Claim 3, Oshima teaches the second surface protective layer comprises a thermosetting urethane resin. (Paragraph 0055)
Regarding Claim 4, Oshima teaches the second surface protective layer comprises a n ionizing radiation curable resin. (Paragraph 0084).
Regarding Claim 6, Oshima teaches a decorative board/plate comprising decorative sheet and a substrate bonded on a lower side of the decorative sheet. (Fig. 1).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Oshima and Hama, in further view of Ishiguro et al. (US 2022/0176732 A1)
Regarding Claim 5, Oshima teaches the particle can be resin, such as urethane resin. (Paragraph 0080). Oshima does not specifically each the beads are acrylic resin beads.
Ishiguro teaches decorative layer where resin particles are used to form protrusions in a resin layer (Paragraph 0074-0076). Ishiguro teaches the resin particles can be acrylic or urethane beads, where acrylic and urethane beads are preferred as impart better touch feeling and offer better scratch resistance. (Paragraph 0076). Thus, it would have been obvious to one with ordinary skill in the art to use either urethane or acrylic beads as the beads in Oshima, as Ishiguro teaches both acrylic and urethane beads are suitable equivalent and offer good properties to the layer.
Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hajime (JP 2017-159507 A) in view of Oshima.
Regarding Claim 7, Hajime teaches a decorative sheet (Paragraph 0001) comprising a sheet base member (Item 2), a design pattern layer that is provided on the upper side of the base sheet member (Item 4 and 6), and a first surface protective layer is provided on the upper side of the design pattern layer (Item 8), and a second surface protective layer is provided on the upper side of the first surface protective layer (Item 10), where the second surface protective layer includes a particle portion formed by a synthetic resin bead or inorganic compound filler (Paragraph 0033, Item 12), the particle portion forming an uneven shape on a surface of the second surface protective layer. (Fig. 1-2).
Hajime teaches area ratio, from a plan view, of the particle portion to the second surface protective layer is 5 to 30%. (Abstract; Paragraph 0026). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Hajime does not specifically teach the second surface protective layer is partially provided.
Oshima teaches a decorative sheet for imitating wood (Paragraph 0047) comprising a sheet base member (Item 1), a design pattern layer that is formed on an upper side of the sheet base member by printing (Item 2a; Paragraph 0045), a first surface protective layer that is laminated on the upper side of the design layer. (Item 3), and a second surface protective layer that is partially laminated on an upper side of the first surface protective layer (Item 4). Oshima teaches the second surface layer can be partially laminated to help make the design pattern seem more realistic and have better visuals. (Paragraph 0066, 0086). Thus, it would have been obvious to one with ordinary skill in the art to have only the second surface protective layer of Oshima also be a partially laminated for improvements to appearance of the design of the decorative sheet.
Regarding Claim 8, Hajime teaches area ratio, from a plan view, of the particle portion to the second surface protective layer is 5 to 30%. (Abstract; Paragraph 0026). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 9, Hajime teaches the second surface protective layer can have a different gloss form the first surface protective layer. (Paragraph 0023, 0030)
Regarding Claim 10, Hajime does not specifically teach the second surface protective resin is a thermosetting urethane resin.
Oshima teaches the second surface protective layer comprises a thermosetting urethane resin. (Paragraph 0055). Oshima teaches urethane offers good adhesiveness, good deformation-following property and scratch resistance to the decorative sheet. (Paragraph 0055). Thus, it would have been obvious to one with ordinary skill in the art to use a thermosetting urethane resin as the material in the second surface protective layer of Hajime as taught by Oshima for good properties, such as adhesiveness and scratch resistance.
Regarding Claim 11, Hajime teaches the particle can have average particle size of 40 to 80 microns. This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 12, Hajime teaches the particles portion can be formed through acrylic resin beads. (Paragraph 0026).
Regarding Claim 13, Hajime teaches a decorative plate comprising the decorative sheet and a substrate provided on a lower side of the decorative sheet. (Fig. 1-2; Paragraph 0001)
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781
Prosecution Insights