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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on August 11, 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/11/2026 has been considered by the examiner.
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 31-35 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 claims 31 and 35, the limitations directed to “the floor panel” (claim 31) and “the panel” (claims 31 and 35) are indefinite because the phrase “the [floor] panel” lacks proper antecedent basis in the claims. Lines 1-2 of claim 31 set forth that the floor covering is assembled from floor panels, such that it is not clear whether the subsequent limitations directed to “the floor panel” or “the panel” are intended to limit only one of the recited floor panels or if the limitations apply to each of the plural floor panels. In order to overcome this rejection, the limitations reciting “the floor panel” (see lines 9, 13, 16, and 22 of claim 31) and “the panel” (see line 25 in claim 31 and line 4 in claim 35) should be amended to recite --the floor panels-- in order to maintain proper antecedent basis throughout the claims.
Regarding claims 32-34, the claims are rejected based on their dependency on claim 31.
Reasons for Allowance
Claims 16, 19-25, and 27-30 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art does not teach or render obvious the claimed invention of the instant application.
Independent claim 16 recites a floor panel comprising a wear layer, a decorative layer, a substrate, and a foamed backing layer. The decorative layer is positioned between the substrate and the wear layer and comprises a thermoplastic synthetic material. The wear layer comprises transparent polyvinyl chloride (PVC). The foamed backing layer is attached to a side of the substrate opposite to the wear layer and has a density of at least 120 kg/m3 and at most 350 kg/m3 and a compressive strength value of at least 210 kPa and at most 750 kPa as measured according to ASTM D 3575-91 (at 25% compression).
The floor panel has a total thickness of between 2.5 mm and 5.0 mm. The floor panel also has an upper surface with a lowered edge region at one or both edges of a pair of opposite sides, where the lowered edge is in the form of a chamfer. The transparent PVC of the wear layer has a chamfered surface that passes therethrough at a depth of at least 50% and less than 100% of the total thickness of the wear layer. The chamfer subtends at an angle of 6° to 25° relative to the upper surface of the floor panel. The chamfered surface is free from a cover layer.
Although the prior art discloses floor panels having similar constructions including a wear layer, a decorative layer, a substrate, and a foamed backing layer, the prior art does not specifically teach the combination of claimed features in which the decorative layer and wear layer comprise the claimed materials, the foamed backing layer has the claimed density and compressive strength, and the chamfer is formed on the upper surface and through the wear layer without a cover layer as claimed.
The closest prior art to the claimed invention is to Baert ‘759 (US 2021/0363759) in view of Caselli et al. (US 2021/0079666) and Baert ‘031 (US 2019/0383031).
Baert ‘759 teaches a decorative panel (100; floor panel) comprising a core layer (101; substrate), a décor layer (105; decorative layer), and a first transparent wear layer (106) ([0048]-[0049], Fig. 1), wherein the décor layer is positioned between the core layer and the wear layer.
Baert ‘759 teaches that each of the core layer, the wear layer, and the décor layer can include a thermoplastic synthetic material such as PVC ([0014], [0020], [0028]), such that the wear layer comprises transparent polyvinyl chloride. Each floor panel comprises a chamfer (103; lowered edge region in the form of a chamfer) provided at at least one of the side edges (101c, 101d), wherein the chamfered surface shown in Fig. 1 passes through a depth of the wear layer (106) that is between 50% and 100% of the total thickness of the wear layer [0046]. Baert ‘759 teaches that an angle at which the chamfer provides the best visual effect ranges from 2 degrees to 30 degrees, preferably 6 to 9 degrees ([0019]), which overlaps or falls within the claimed range for the angle at which the chamfer subtends the upper surface of the floor panel. Baert ‘759 differs from the claimed invention in that all embodiments taught by the reference include at least one coating layer on upper surface of the chamfer ([0010]), such that the chamfered surface is not free from a cover layer. Given that the purpose of the invention taught by Baert ‘759 is to provide a coating layer which covers both the upper surface of a decorative top layer as well as an upper surface of the chamfer, one of ordinary skill in the art would not have been motivated to remove the coating layer from the chamfered surface, as doing so would run counter to the principle of operation of the reference. See MPEP 2143.01(VI).
Baert ‘759 further teaches that the panel can optionally comprise a backing layer attached to the bottom surface of the core layer, such as a balancing layer or an acoustic layer ([0031], [0049]). The acoustic layer (foamed backing layer) may be composed of a foamed layer having a density between 65 kg/m3 and 300 kg/m3 ([0031]), which overlaps the claimed range. Baert ‘759 differs from the claimed invention in that the reference does not expressly teach a compressive strength value of the foamed acoustic backing layer.
Caselli et al. was previously relied upon to address the limitations directed to the compressive strength of the foamed backing layer. Caselli et al. teaches a floor element (1) comprising a decorative layer (2) disposed above a support layer (3) ([0092], Figs. 1-2). An underlayer (24; foamed backing layer) is disposed beneath the floor elements and is configured to act as a moisture and/or noise barrier ([0123], Fig. 7). The underlayer is made of a compressible material, preferably a foamed material, and has a compressive strength of between 50 and 500 kPa at 0.5 deflection, measured according to ASTM D3575, which helps the underlayer to absorb unevenness of the subfloor to avoid lippage in the floor covering and to improve its planarity ([0067], [0123], [0127]). Caselli et al., however, is silent to a density of its compressible underlayer.
Moreover, as explained by the Applicant on pages 8-11 of the remarks filed July 21, 2026, Caselli et al. discloses such a range of compressive strength values in the context of a materially different flooring system from that taught by Baert ‘759. Specifically, Caselli et al. teaches floor elements composed primarily of a thick decorative layer made of a hard or brittle material, in particular a ceramic tile, such that the floor elements taught by Caselli et al. have substantially different mechanical characteristics than the decorative panels composed primarily of layers of thermoplastic materials. One of ordinary skill in the art would recognize that the material properties of the decorative layer, wear layer, and substrate located above the underlying foam layer would necessarily influence the mechanical requirements of the underlying support or cushioning structure. Furthermore, as explained by the Applicant, the compressible underlayer taught by Caselli et al. is disposed beneath an assembled floor covering, whereas the acoustic foam backing layer taught by Baert ‘759 is a component of an individual floor panel, such that the structural differences are likely to influence the necessary compressibility, dimensional stability, and acoustic performance required from the different foam layers.
Baert ‘031 was relied upon to address the limitation directed to the total thickness of the floor panel, but does not cure the deficiencies of Baert ‘759 and Caselli et al. noted above.
In looking to paragraphs [08]-[09] of the as-filed specification, the use of a foamed backing layer having a density and compressive strength value within the claimed ranges is said to imply that the backing layer is sufficiently lofty to attenuate sound but sufficiently firm to prevent excessive vertical movement when walked upon. The prior art does not specifically recognize such advantages associated with setting the density and compressive strength value within the claimed ranges.
Of the references newly cited on the IDS filed August 11, 2026, Chaban (US 2021/0001607) is considered to be the closest prior art to the claimed invention.
Chaban teaches a multilayer structure (1; floor panel) for producing a floor or wall covering, the structure comprising a backing layer (2; foamed backing layer) made of crosslinked polyolefin foam and an upper layer (3) composed of a wear layer (4), a decorative film (6; decorative layer), and an intermediate layer (5; substrate) made of polyvinyl chloride (Abstract, [0076], Fig. 3). The wear layer is transparent and may be based on polyvinyl chloride ([0032]-[0033]). Chaban teaches that the backing layer has a density of between 70 and 120 kg/m3 to improve the sound-insulating and indentation resistance properties [0030]. However, Chaban differs from the claimed invention in that the reference does not teach that the floor panel has a lowered edge region in the form of a chamfer, and thus does not teach the depth of the chamfer relative to the thickness of the wear layer, an angle of the chamfer, or the chamfered surface being free from a cover layer. Chaban also does not teach or suggest a compressive strength value of the backing layer.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Examiner Note
The current Non-Final office action is presented for the purpose of correcting various issues under 35 U.S.C. 112(b). Once the appropriate corrections are made, a Notice of Allowance will be promptly issued. Applicant is invited to contact the examiner if it is felt that the remaining issues can be resolved through a telephone interview.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA L GRUSBY whose telephone number is (571) 272-1564. The examiner can normally be reached Monday-Friday, 8:30 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA L GRUSBY/Primary Examiner, Art Unit 1785
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