2020001347 (P.T.A.B. Dec. 10, 2020)

United States Gypsum Company

Patent Trials and Appeals BoardDec 10, 2020

2020001347 (P.T.A.B. Dec. 10, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/054,487 02/26/2016 Evan Vincent Rohlf 4691/2033.122276 5024 45455 7590 12/10/2020 GREER, BURNS & CRAIN, LTD. 300 SOUTH WACKER DRIVE SUITE 2500 CHICAGO, IL 60606 EXAMINER SHOSHO, CALLIE E ART UNIT PAPER NUMBER 1787 NOTIFICATION DATE DELIVERY MODE 12/10/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): docket@gbclaw.net ptomail@gbclaw.net verify@gbclaw.net PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte EVAN VINCENT ROHLF Appeal 2020-001347 Application 15/054,487 Technology Center 1700 Before TERRY J. OWENS, JOHN A. EVANS, and BRIAN D. RANGE, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), The Appellant1 appeals from the Examiner’s decision to reject claims 8, 10–12, and 19–23. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. The Appellant identifies the real party in interest as United States Gypsum Company (Appeal Br. 4). Appeal 2020-001347 Application 15/054,487 2 CLAIMED SUBJECT MATTER The claims are directed to a wallboard panel and a method for making it. Claim 8, reproduced below, is illustrative of the claimed subject matter: 8. A wallboard panel comprising a gypsum core and at least one laminated paper cover sheet in contact with and covering the gypsum core, wherein the laminated paper cover sheet comprises an inner paper sheet, an adhesive layer, and an outer paper sheet, the inner paper sheet being in contact with the gypsum core on one surface and the inner paper sheet being in contact with the adhesive layer on the other surface, wherein the inner paper sheet is water absorbent with the water absorption value in the range from 30g/M2 to 200 g/M2 as measured by the Cobb test (TAPPI T 441), wherein the outer paper sheet is multi-ply paper, the outer paper sheet is applied over the adhesive layer, and wherein the adhesive layer binds the inner paper sheet and the outer paper sheet together; and wherein the adhesive layer comprises a binder comprising polyacrylate, polyvinyl acetate, borax, polyurethane or any combination thereof. REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Heller US 3,215,589 Nov. 2, 1965 Kanatsu US 3,940,541 Feb. 24, 1976 Long US 4,094,694 June 13, 1978 Francis US 6,746,781 B2 June 8, 2004 Dupre US 2006/0265999 A1 Nov. 30, 2006 IPS Testing https://ipstesting.com 2018 REJECTIONS The claims stand rejected under 35 U.S.C. § 103 as follows: claims 8, 10, 12, and 19–21 over Dupre in view of Kanatsu, Heller, and IPS Testing; Appeal 2020-001347 Application 15/054,487 3 claims 11 and 22 over Dupre in view of Kanatsu, Heller, and Francis; and claim 23 over Dupre in view of Kanatsu, Heller, and Long. OPINION The Appellant argues claim 8 and relies upon that argument with respect to the other rejections (Appeal Br. 9–22). We therefore limit our discussion to the rejection of claim 8. Claims 10–12 and 19–23 stand or fall with that claim. See 37 C.F.R. § 41.37(c)(1)(iv) (2013). Dupre discloses a gypsum board having a gypsum core (12) with a lower facing sheet (10) on one of its sides and an upper facing (13) sheet on the other of its sides (¶ 1; Fig. 1)). The upper or lower facing sheet, or preferably both, is impregnated with a heat reactive resin (¶¶ 35, 41). Kanatsu discloses a decorative gypsum board comprising gypsum board card paper to which is laminated, using a vinyl acetate emulsion adhesive, a decorative urethane resin-coated sheet of paper such as tissue paper or machine glazed white paper (col. 2, ll. 28–34, 44–49; col. 3, ll. 10– 18). Heller unites machine glazed webs into a printable multi-ply sheet (col. 1, ll. 65–68; col. 2, ll. 24–45; col. 9, ll. 35–39; col. 10, ll. 28–37).2 The Appellant argues (Appeal Br. 17): [T]he resulting combination [of Dupre, Kanatsu, and Heller] is a method in which a multi-ply paper of Heller et al. is coated with a urethane resin solution and is allowed to dry, as per Kanatsu et al. The urethane-coated paper is then adhered as an outer layer over the multi- ply facing paper sheet which is impregnated with the cured resin of the gypsum board of Dupre et al. Accordingly, the combination of Dupre et al. with Kanatsu et al. and Hiller et al. still fails to disclose the water-absorbent inner paper sheet in contact with the gypsum 2 IPS Testing describes the TAPPI 441 Cobb Test. Appeal 2020-001347 Application 15/054,487 4 core, as recited in present claim 8. It follows that claim 8 is not obvious over of Dupre et al. with Kanatsu et al. and Hiller et al. Dupre’s upper facing sheet can be unimpregnated (¶¶ 35, 41) and, therefore, water absorbent, such that it corresponds to the Appellant’s water absorbent inner sheet. Applying Heller’s printable multi-ply paper, which corresponds to the Appellant’s multi-ply outer paper sheet, to Dupre’s unimpregnated upper facing sheet using Kanatsu’s vinyl acetate emulsion adhesive would produce the wallboard panel claimed in the Appellant’s claim 8. Accordingly, we are not persuaded of reversible error in the rejections. CONCLUSION The Examiner’s rejections are affirmed. DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 8, 10, 12, 19–21 103 Dupre Kanatsu, Heller, IPS Testing 8, 10, 12, 19–21 11, 22 103 Dupre Kanatsu, Heller, Francis 11, 22 23 103 Dupre Kanatsu, Heller, Long 23 Overall Outcome 8, 10–12, 19–23 Appeal 2020-001347 Application 15/054,487 5 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED