Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/13/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 13-14, 16-18, 21, 23 are is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thiers (WO01/96688) in view of Boucke (WO2006/058548).
Per claim 13, Thiers figures 7-8, shows the panel comprises a substrate of a material on the basis of synthetic material; wherein the panel comprises a top layer above said substrate; the top layer having a planar surface, wherein this panel is rectangular, either oblong or square, and thus comprises a first pair of opposite edges and a second pair of opposite edges; wherein both pairs of opposite edges comprise coupling parts allowing to couple a plurality of such panels to each other; wherein these coupling parts, at the first and second pairs of edges, form a first locking system effecting a locking in the plane of the panels and perpendicular to the respective edges, and form a second locking system effecting a locking transverse to the plane of the panels; wherein these coupling parts, at first and second pairs of edges, substantially are realized from said substrate; wherein these coupling parts, at least at one of the aforementioned first and second pairs of edges, comprise a tongue and a groove, as well as a locking part at the tongue and a locking part at the groove, which, in a coupled condition of two such panels, prevent the drifting apart of the tongue and groove via contacting locking surfaces; wherein said groove is bordered by a lower lip and an upper lip, wherein the lower lip extends laterally up to beyond the distal end of the upper lip; wherein said locking part at the groove is located at said lower lip; wherein the locking part at the groove has an uppermost point defining a horizontal level, and wherein the horizontal level intersects the groove at a location that is situated proximally from a most distally situated point of said contacting portion at the underside of the upper lip, wherein the tongue and groove are arranged such that, when first and second panels having a structure of said panel for forming said floor covering, at respective edges, are presented to each other in a plane parallel manner in an uncoupled condition of the first and second panels (figure 8), such that the plane parallel manner is defined as the planar surface of the first panel being parallel to the planar surface of the second panel, and the planar surface of the first panel being lower than the planar surface of the second panel, the tongue of the second panel, at least with a tip of the tongue, is configured to already sit at least partially underneath the lip bordering the upper side of the groove of the first panel, without any bending being necessary (figures 5-8), wherein the lower lip includes a support point at or proximate the smallest thickness of the lower lip, whereat a support underneath the tongue contacts the support point of the lower lip.
Thiers does not show wherein a smallest thickness of a portion(the protruded surface/area next to the groove) of the lower lip situated beyond the distal end of the upper lip and proximally of the locking part at the groove (figure 7), is at least 0.7 times an average thickness of the upper lip measured at a location of a contacting portion at the underside of the upper lip, which, in coupled condition of two of such panels, cooperates and forms direct contact with the upper side of the tongue at the respective opposite edge; the contacting portion defines a contact area distinct from remaining portions of the underside of the upper lip.
Boucke figure 1, shows a smallest thickness of a portion(figure 2, the thinnest groove portion above 2a) of the lower lip situated beyond the distal end of the upper lip and proximally of the locking part at the groove, is at least 0.7 times an average thickness of the upper lip measured at a location of a contacting portion at the underside of the upper lip(figure 1 shows the claimed ratio), which, in coupled condition of two of such panels, cooperates and forms direct contact with the upper side of the tongue at the respective opposite edge; the contacting portion defines a contact area distinct from remaining portions of the underside of the upper lip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Thiers to show a smallest thickness of a portion(figure 2, the thinnest groove portion above 2a) of the lower lip situated beyond the distal end of the upper lip and proximally of the locking part at the groove, is at least 0.7 times an average thickness of the upper lip measured at a location of a contacting portion at the underside of the upper lip(figure 1 shows the claimed ratio), which, in coupled condition of two of such panels, cooperates and forms direct contact with the upper side of the tongue at the respective opposite edge; the contacting portion defines a contact area distinct from remaining portions of the underside of the upper lip as taught by Boucke with a reasonable expectation of success in order to form tongue and groove locking are that is strong against vertical load as the thicker thickness would enable the panel to better resist against vertical load per stronger tongue thickness.
Per claim 14, Thiers as modified figures 7-8, shows the tongue and groove, including the locking parts, are arranged for interconnecting two of such panels at the respective edges by means of a turning movement.
Per claim 16, Thiers figures 7-8, as modified shows the tongue is beveled or rounded at its upper side(see figure 9 at the tip), next to the tip; and wherein, distally from a contacting portion at the underside of the upper lip, which, in coupled condition of two of such panels, cooperates with the upper side of the tongue at the respective opposite edge, a beveled and/or rounded portion is present at the underside of the upper lip.
Per claim 17, Thiers figures 7-8, as modified shows the horizontal distance from the tip of the tongue up to the distal end of the upper lip is larger than 1.2 times the average thickness of the portion of the tongue situated in the coupled condition underneath the contacting portion at the underside of the upper lip, which, in coupled condition of two of such panels, cooperates with the upper side of the tongue at the respective opposite edge.
Per claim 18, Thiers figures 7-8, as modified further shows said locking part that is located at said lower lip is situated completely in a lower half of the panel.
Per claim 21, Thiers figures 7-8, as modified further shows the first panel has a first counteracting portion distal from a first locking part and arranged to cooperate with the second panel at a second counteracting portion distal from a second locking part when the first and second panels are in the plane-parallel manner.
Per claim 23, Thiers as modified further shows the lower lip includes a support point(to the left of the groove next to the groove in figure 5) at or proximate the smallest thickness of the lower lip, whereat a support point underneath the tongue contacts the support point of the lower lip (the contacting surface of the tongue).
Claims 1-6, 19, 22 are is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thiers (WO01/96688) in view of Pervan (EP1691005).
Per claim 1, Thiers figure 8, shows a floor panel for forming a floor covering; wherein the panel comprises a substrate of a material on a basis of synthetic material(col 1 line 20), wherein the panel is rectangular, either oblong or square(figure 1), and comprises a first pair of opposite edges and a second pair of opposite edges; wherein the first and second pairs of opposite edges comprise coupling parts allowing to couple a plurality of such panels to each other; wherein the coupling parts, at the first and second pairs of edges, form a first locking system effecting a locking in the plane of the panels and perpendicular to the respective edges, and form a second locking system effecting a locking transverse to the plane of the panels; wherein the coupling parts, at least at one of said first and second pairs of edges, substantially are realized from said substrate and in one piece of said material on the basis of synthetic material; wherein the coupling parts, at least at said one of said first and second pairs of edges, consist of a tongue(8) and a groove(the groove g), and locking parts, which, in a coupled condition, prevent the drifting apart of the tongue and groove, said locking parts defining cooperating locking surfaces; wherein said groove is bordered by a lower lip and an upper lip, wherein the lower lip extends laterally up to beyond the distal end of the upper lip (all the way to where g) and wherein the lower lip comprises one of said cooperating locking surfaces; wherein said tongue and groove have a shape which provides for that, in the coupled condition of two of such panels, a localized contacting portion at the underside of the upper lip (the part that contacts the upper part of part 8) cooperates and forms direct contact with the upper side of the tongue and defines a contact area distinct from remaining portions of the underside of the upper lip, said contacting portion and wherein, in the coupled condition of two of said panels, spaces are present between the two of said coupled panels on either side of the contacting portion at the underside of the upper lip(see figure 5), with a first space distally from the contacting portion at the underside of the upper lip and a second space proximally from the contacting portion at the underside of the upper lip(figure 5), wherein the panel comprises a top layer (24) above said substrate (23), the top layer having a planar surface, wherein the tongue and groove of the panel are arranged such that, when first and second panels having a structure of said panel are presented to each other for forming said floor covering, at respective edges, in a plane-parallel manner in an uncoupled condition of said first and second panels, such that the plane parallel manner is defined as the planar surface of the first panel being parallel to the planar surface of the second panel, and the planar surface of the first panel being lower than the planar surface of the second panel (see figure 8), the tongue of the second panel is configured to sit at least with its tip already at least partially underneath the upper lip of the first panel, without any bending being necessary.
Thiers does not show the contacting portion forming a downward inclination in a proximal direction arranged at an inclined angle relative to the plane of the panel, the downward inclination of the contacting portion extends at least from the first space to the second space.
Pervan figure 4d, shows the contacting portion forming a downward inclination in a proximal direction arranged at an inclined angle relative to the plane of the panel, the downward inclination of the contacting portion extends at least from the first space(the space underneath 20) to the second space(the space around where 9 is).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Thiers to show the contacting portion forming a downward inclination in a proximal direction arranged at an inclined angle relative to the plane of the panel, the downward inclination of the contacting portion extends at least from the first space(the space underneath 20) to the second space(the space around where 9 is) as taught by Boucke with a reasonable expectation of success in order to allow for easy joining and locking of the panels together.
Per claim 2, Thiers as modified further shows the tongue is beveled or rounded at its upper side, next to the tip; and wherein, distally from the contacting portion at the underside of the upper lip, a beveled and/or rounded portion is present at the underside of the upper lip.
Per claim 3, Thiers as modified further shows a distance from the tip of the tongue up to the distal end of the upper lip, is larger than 1.2 times an average thickness of the portion of the tongue situated in the coupled condition underneath said contacting portion at the underside of the upper lip, the average thickness of the portion of the tongue situated in coupled condition underneath the contacting portion is less than 1.5 mm.
Per claim 4, Thiers figure 2 as modified further shows the tongue and groove, including the locking parts, are arranged for allowing interconnecting two of such panels at the respective edges by means of a turning movement(figure 7).
Per claim 5, Thiers as modified further shows the smallest thickness of the portion of the lower lip situated beyond the distal end of the upper lip, is at least 0.7 times an average thickness of the upper lip at a location of said contacting portion at the underside of the upper lip.
Per claim 6, Thiers figure 2, as modified further shows the first space, extends from the contacting portion to beyond the upper lip.
Per claim 19, Thiers figures 7-8, as modified further shows the first panel has a first counteracting portion distal from a first locking part and arranged to cooperate with the second panel at a second counteracting portion distal from a second locking part when the first and second panels are in the plane-parallel manner.
Per claim 22, Thiers figures 7-8, as modified further shows the first counteracting portion is rounded, and the second counteracting portion is rounded.
Claims 8-12, 20 are is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Thiers (WO01/96688) in view of JP(2001-323640).
Per claim 8, Thiers figures (5-10), further shows a floor panel for forming a floor covering; wherein the panel comprises a substrate of a material on the basis of synthetic material, wherein the panel is rectangular, either oblong or square, and comprises a first pair of opposite edges and a second pair of opposite edges; wherein said first and second pairs of opposite edges comprise coupling parts allowing to couple a plurality of such panels to each other; wherein the coupling parts, at said first and second pairs of edges, form a first locking system effecting a locking in the plane of the panels and perpendicular to the respective edges, and form a second locking system effecting a locking transverse to the plane of the panels; wherein the coupling parts at least at one of said first and second pairs of edges substantially are realized from said substrate; wherein said coupling parts, at least at said one of said first and second pairs of edges, consist of a tongue and a groove, as well as locking parts, which, in a coupled condition, prevent the drifting apart of the tongue and groove; wherein said groove is bordered by a lower lip and an upper lip, whereby the lower lip extends laterally up to beyond the distal end of the upper lip(see above for similar designations); wherein the tongue is in connection with a remainder of the panel by means of a narrowed portion; wherein the smallest vertical thickness of the portion of the lower lip situated beyond the distal end of the upper lip, is smaller than the smallest vertical thickness of said narrowed portion, wherein in a coupled condition of two of said panels, a space is present underneath the tongue, said space extending continuously underneath the tongue from the tip of the tongue to a location beyond the distal end of the upper lip, said space extends underneath the tongue over a length, measured parallel to the plane of the panel, which is at least 1.5 times a distance from a tip of the tongue up to the distal end of the upper lip (see figure 5), wherein the panel comprising a top layer(24) above said substrate, the top layer having a planar surface, wherein the tongue and groove are arranged such that, when first and second panels having a structure of said panel are presented to each other for forming said floor covering, at respective edges, in a plane parallel manner in an uncoupled condition of the first and second panels (figure 8), such that the plane parallel manner is defined as the planar surface of the first panel being parallel to the planar surface of the second panel, and the planar surface of the first panel being lower than the planar surface of the second panel, the tongue of the second panel, at least with a tip of the tongue, is configured to already sit at least partially underneath the lip bordering the upper side of the groove of the first panel, without any bending being necessary (at the finished state in figures 5-8).
Thiers does not show the space extending continuously underneath the tongue from the tip of the tongue to a location beyond the distal end of the upper lip.
JP figure 4, shows the space extending continuously underneath the tongue from the tip of the tongue to a location beyond the distal end of the upper lip.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Thiers’ structure to show the space extending continuously underneath the tongue from the tip of the tongue to a location beyond the distal end of the upper lip as taught by JP with a reasonable expectation of success in order to allow for easy insertion of the tongue into the groove as the space allows for extra room for insertion.
Per claim 9, Thiers figures 7-8, as modified further shows the tongue and groove, including the locking parts, are arranged for allowing interconnecting two of such panels at the respective edges by means of a turning movement.
Per claim 10, Thiers figures 7-8, as modified shows the tongue is beveled or rounded at an upper side of the tongue, next to the tip; and wherein, distally from a contacting portion at an underside of the upper lip which, in the coupled condition of two of such panels, cooperates with the upper side of the tongue, a beveled and/or rounded portion is present at the underside of the upper lip.
Per claim 11, Thiers figures 7-8, as modified shows in the coupled condition of two of such panels, a contacting portion at an underside of the upper lip cooperates with the upper side of the tongue, wherein the distance from the tip of the tongue up to the distal end of the upper lip, is larger than 1.2 times the average thickness of the portion of the tongue situated in the coupled condition underneath said contacting portion at the underside of the upper lip.
Per claim 12, Thiers figures 7-8, as modified shows in the coupled condition of two of such panels, a contacting portion at the underside of the upper lip cooperates with an upper side of the tongue, wherein the smallest vertical thickness of the portion of the lower lip situated beyond the distal end of the upper lip, is at least 0.7 times an average thickness of the upper lip at the location of said contacting portion at the underside of the upper lip.
Per claim 20, Thiers as modified further shows the first panel has a first contacting portion distal from a first locking part and arranged to cooperate with the second panel at a second counteracting portion distal from a second locking part when the first and second panels are in the plane parallel manner.
Response to Arguments
Applicant's arguments filed 10/13/2025 have been fully considered but they are not persuasive.
With respect to claim 1, Pervan figure 4d, shows downward inclination as arranged at an inclined angle relative to the plane of the panel and …first space to the second. Thiers as modified by Pervan, shows the claimed limitations including spacings on either side of the localized contacting area similar to applicant’s contacting portion(55).
With respect to claim 8, Thiers as modified by Boucke shows the space is defined as being form the top of the tongue to a position beyond the distal end of the upper lip.
With respect to claim 13, Thiers as modified by Boucke shows the
“ smallest thickness…at least 0.7 times …” being located proximally(close to) of the locking part of the groove as claimed.
With respect to claims 8-12, Thiers as modified shows the claimed limitations including the location of the space is form the top of the tongue…distal end of the upper lip.
Conclusion
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/PHI D A/Primary Examiner, Art Unit 3633
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