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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/7/26 has been entered.
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 10-18 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.
Claim 10 recites “wherein all of the panel between the sealing nipple and the sealing groove is formed by the panel core and is part of the single unitary piece”. It is unclear what is encompassed by “all of the panel between the sealing nipple and the sealing groove”. Is this a linear line between the sealing nipple and sealing groove that does not intercept anything but the panel core? Something else?
Additionally, “the sealing nipple and the sealing groove” is inconsistent with the previously introduced “at least one sealing nipple” and “at least one sealing groove”. The claim language should be consistent through the claims.
Claim Rejections - 35 USC § 103
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cappelle, US 2015/0337540 in view of Permesang, US 2014/0093677 and Akzenta, DE 202019101807.
Regarding claim 10-14:
Cappelle discloses a panel comprising a panel core (34), a panel top side (35), a panel underside (bottom of the panel) and a first edge pair and a second edge pair (2/3, 4/5, refer to Fig. 1), wherein the panel core, the first edge pair and the second edge pair are a single unitary piece, wherein the first edge pair is provided with a groove profile (7) at a panel edge and a tongue profile (6) complementary thereto at the opposite panel edge, which are lockable by a pivotal movement (Fig. 4) and then cooperate in positively locking relationship in such a way that in the locked state a vertical locking action can be achieved and a movement of locked panels away from each other in the plane of the panels is opposed,
wherein at its opposite panel edges the second edge pair is provided with complementary hook profiles, namely a receiving hook (18) and an arresting hook (19), wherein the receiving hook and the arresting hook are part of the single unitary piece, wherein the arresting hook can be assembled to the receiving hook by a joining movement in a plane perpendicular to the panel plane simultaneously by means of the pivotal movement for the first edge pair, with the proviso that the receiving hook is provided with a holding groove or the arresting hook is provided with a holding groove for a separate locking element (28) with which a vertical locking action can be achieved, wherein a butting surface and a counterpart butting surface (uppermost surfaces above the hooks) are provided at least at the second edge pair, with the proviso that the butting surface is arranged at the receiving hook and the counterpart butting surface is arranged at the arresting hook and both are arranged substantially orthogonally relative to the panel top side,
wherein all of the panel between opposing sides is formed by the panel core and is part of the single unitary piece (the decorative top portion is not between the sides) wherein the separate locking element is not part of the unitary makeup of the panel.
Cappelle does not expressly disclose a sealing nipple on the butting surfaces.
Permesang discloses a panel having butting surfaces wherein the counterpart butting surface of an arresting hook is provided with at least one sealing groove (26 and 27, in Fig. 5 and 14 in Fig. 3 of Permesang), the butting surface of the receiving hook is provided with at least one sealing nipple (24 and 25; 14) matching the sealing nipple in positively locking relationship at the panel edge and the sealing nipple and the sealing groove are respectively arranged parallel to the panel edge in question and extend over the entire length of the butting surface and the counterpart butting surface respectively; wherein the sealing nipple protrudes from the butting surface.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to provide a sealing nipple structure as suggested by Permesang on the respective butting surfaces of Cappelle in order to ensure a sealing action between the panels. Permesang discloses the nipple and groove on opposite butting surfaces from those claimed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to reverse the location of the nipple and butting surface, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. There would be no unexpected or unpredictable result obtained from reversing which butting surface the nipple and groove are on, as their functionality is retained on either side. Adding a sealing nipple and a sealing groove would result in wherein all of the panel between the sealing nipple and the sealing groove is formed by the panel core and is part of the single unitary piece.
Cappelle does not expressly disclose a projection and an edge break wherein the projection is the smaller edge break.
Akzenta discloses a panel wherein at least one of the edge pairs at the two complementary panel edges thereof has a respective edge break which forms a recessed join in the assembled state of two of said panels (refer to Figs. 4-6);
wherein the edge breaks of at least one of the edge pairs at the complementary panel edges thereof are of different sizes so that in the assembled state the larger edge break is covered over by the projection/smaller edge break;
wherein provided at that panel edge with the smaller edge break is a projection, on the top side of which extends at least a part of the smaller edge break, and that provided at an underside of the projection is an undercut counterpart surface for the covered-over part of the larger edge break;
wherein, when modifying Cappelle, the smaller edge break of the first edge pair is arranged at a groove profile and the larger edge break is arranged at a tongue profile and that the smaller edge break of the second edge pair is arranged at an arresting hook and the larger edge break is arranged at a receiving hook (refer to Fig. 7 of Akzenta).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to provide the edge break as suggested by Akzenta on the panel of Cappelle in order to decrease the ability of dirt to penetrate between the panels.
Regarding claims 15-16:
Akzenta discloses wherein at the second edge pair the counterpart butting surface is inclined relative to the orthogonal to the panel top side by an angle in the range of 1° to 5° (refer to Figs. 4-6), that the cross-section of the arresting hook has an oversize in the inclined region of the counterpart butting surface and/or the cross-section of the groove profile has an oversize in the inclined region of the counterpart butting surface so that in the locked state a pressing action can be caused between the counterpart butting surface and the butting surfaces;
wherein the pressing action between the counterpart butting surface and the butting surface is greater at the upper end of the butting surface and decreases towards the lower end of the butting surface.
Before the effective filing date of the invention, it would have been obvious to provide the inclination between butting surfaces as suggested by Akzenta to the butting surfaces of Cappelle in order to allow conforming to uneven surfaces (Akzenta).
Regarding claim 17:
Cappelle discloses wherein the separate locking element has a latching means with which it is latchable in a latching recess of the complementary panel edge (refer to Figs. 5-7).
Regarding claim 18:
Cappelle discloses wherein the holding groove for the separate locking element has parallel groove walls (refer to the embodiment of Fig. 16).
Response to Arguments
Applicant's arguments filed 11/11/25 have been fully considered but they are not persuasive.
Regarding applicant’s argument that it would not be obvious to a person of ordinary skill in the art to incorporate the dealing nipple and sealing groove of Permesang into the panel structure of Cappelle because Permesang teaches a multicomponent panel made up of various layers, the individual deficiencies of the Permesang reference that differentiate it from the primary reference and the instant invention do not preclude Permesang from being relied upon to modify the base reference. Permesang is relied upon to show that it is obvious to add a sealing nipple and a sealing groove along the edge of a panel. Permesang is not relied upon to teach changing the material makeup of the panel of Cappelle.
Regarding applicant’s suggestion that the sealing nipple and sealing groove of Permesang could not be used with Cappelle independently of the material and method of Permesang, it is the geometry of the sealing nipple extending into the sealing groove that provides the sealing action (para. 0033 of Permesang). A PHOSITA seeking sealing action would be motivated to add a sealing nipple and a sealing groove as suggested by Permesang irrespective of the method of forming these components or the material with which they are constructed. Further, the intermediate layer of Permesang is the core layer of Permesang. The mere inclusion of a decorative layer and a supportive layer in addition to the core layer of Permesang does not preclude modifying the core layer of Cappelle to include a sealing nipple and a sealing groove.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633