DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-19 in the reply filed on 2/18/26 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 2/18/26.
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 10 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.
Regarding claim 10, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 3, 11 and 12 are rejected under 35 U.S.C. 102a1 as being anticipated by Bergelin et al (WO 2007081267 A1).
Bergelin discloses a moisture proof floorboard comprising a resilient surface provided with a decorative groove and sealing means (abs). The floorboard is comprised of a wood based core comprising MDF or HDF (page 4 lines 26-29) and the resilient surface layer comprises a decorative layer (page 5 lines 1-5). The floor board further comprises a sealing agent that increases the moisture and water penetration into the joints at the edge (page 6 lines 4-9). The sealing agent comprises oil (page 13 lines 1-4).
As to claim 3, Bergelin discloses the use of an oil within the sealing agent and this will read on an oil that is either boiled or unboiled as that will encompass all oils.
As to claim 11, Bergelin discloses that the decorative layer is a wood veneer (page 5 lines 15-17).
As to claim 12, Bergelin discloses the floor board comprises a lowered edge surface as seen in the figures for example 5b.
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 1-8, 11, 12, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Segaert (US Publication 20090260313) in view of Bollini (DE 4020495 A1 which has been machine translated).
As to claim 1 and 17, Segaert discloses a floor panel composing a wood based material that has profiled edge portions (abs). The floor panel comprises a substrate of wood based material that is MDF or HDF (paragraph 44). The floor panel also comprises a top layer that comprises a decorative layer 17 (paragraph 44). The floor panel further comprises an impregnation coating on the substrate that comprises a moisture-repellent or waterproofing agent over the entire edge portion (paragraph 138). However this reference is silent to the material of the impregnation coating.
Bollini discloses an impregnating agent that comprises an isocyanate modified linseed oil mixtiure used to impregnate a wood substrate to improve the wood against water, UV light, sun and cold (abs).
It would have been obvious to one of ordinary skill in the art to have modified Segaert and used the impregnating coating of Bollini to impregnate the wood substrate of Segaert at it would be a suitable alternative as well as protect the wood substrate against water, UV light, sun and cold.
As to claims 2 and 18, Bollini discloses that the oil is a linseed oil (abs).
As to claim 3, Bollini discloses the use of an oil within the sealing agent and this will read on an oil that is either boiled or unboiled as that will encompass all oils.
As to claims 4-7 and 19, Bollini discloses that the oil is a solvent that comprises an isocyanate which impregnates the edge (abs).
As to claim 8, Bollini discloses that the isocyanate modified linseed oil can be in an amount of 20% by weight.
As to claim 11, Segaert discloses that the decorative layer is formed of paper layers (paragraph 44).
As to claim 12, Segaert discloses that the floor board is formed with a lowered edge surface as seen in the figures.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Segaert (US Publication 20090260313) and Bollini (DE 4020495 A1 which has been machine translated) in view of Meersseman et al (US Publication 20130104478).
Segaert and Bollini render obvious claim 1 for the reasons noted above, however are silent to the MDF/HDF comprising MDI.
Meersseman discloses a floor panel comprised of a substrate that is MDF/HDF wherein the substrate is impregnated with an agent comprising MDI (paragraph 43).
It would have been obvious to one of ordinary skill in the art to have modified Segaert and Bollini and used MDI within the impregnation agent as it’s a known material to impregnate wood as well as it helps to improve water repellency of the wood substrate (paragraph 9).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Segaert (US Publication 20090260313) and Bollini (DE 4020495 A1 which has been machine translated) in view of Thiers et al (US Publication 20100311854).
Segaert and Bollini render obvious claim 1 for the reasons noted above, however are silent to average density of the MDF/HDF.
Thiers discloses a floor board made of MDF/HDF wherein the floor board has high and low density regions.
It would have been obvious to one of ordinary skill in the art to have modified Segaert and Bollini and formed the MDF/HDF to have a high density region of at least 900 with an average density of the board being 750 kg/cubic meter since adjusting the density to have high and low zones of the boards can increase the strength and waterproofness while lowering the density can create break zones of the board (paragraph 24).
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Segaert (US Publication 20090260313) and Bollini (DE 4020495 A1 which has been machine translated) in view of Swallen (Zein a new industrial protein).
As to claims 13 and 14, Segaert discloses a floor panel composing a wood based material that has profiled edge portions (abs). The floor panel comprises a substrate of wood based material that is MDF or HDF (paragraph 44). The floor panel also comprises a top layer that comprises a decorative layer 17 (paragraph 44). The floor panel further comprises an impregnation coating on the substrate that comprises a moisture-repellent or waterproofing agent over the entire edge portion (paragraph 138). However this reference is silent to the material of the impregnation coating.
Bollini discloses an impregnating agent that comprises an isocyanate modified linseed oil mixtiure used to impregnate a wood substrate to improve the wood against water, UV light, sun and cold (abs).
Swallen discloses the use of Zein as a coating agent for wood based materials that will help increase the water resistance as well as oil and grease of the substate.
It would have been obvious to one of ordinary skill in the art to have modified Segaert and used the impregnating coating of Bollini in combination with Zein to impregnate the wood substrate of Segaert at it would be a suitable alternative as well as protect the wood substrate against water, UV light, sun and cold as well as grease and oil.
As to claim 15, Bollini discloses an impregnating agent that comprises an isocyanate.
As to claim 16, Segaert discloses that the decorative layer is formed of paper layers (paragraph 44).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M POLLEY whose telephone number is (571)270-5734. The examiner can normally be reached Monday through Friday from 8am till 4:30 pm.
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/CHRISTOPHER M POLLEY/Primary Examiner, Art Unit 1785