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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/12/25 has been entered.
Claim Rejections - 35 USC § 102
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 26-27, 29-45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeRick, US 2019/0136545.
Regarding claim 26:
DeRick discloses a set of floor panels (Fig. 1), wherein these floor panels are elongate rectangular and therefore comprise a pair of long edges and a pair of short edges;
wherein both the long and the short edges are provided with mechanical coupling parts (2-5) which allow the floor panels from the set to be coupled together;
wherein the one long edge (2) is provided with a male coupling part (6) and the other long edge (3) is provided with a female coupling part (7);
wherein the one short edge (4) is provided with a male coupling part (8) and the other short edge (5) is provided with a female coupling part (9);
wherein the male coupling part on the long edge can be fitted into the female coupling part on the long edge of a floor panel of the set by means of a rotating movement (refer to Fig. 3);
wherein the male coupling part (6) on the long edge (2) can also be fitted into the female coupling part (9) on the short edge (5) of a floor panel from the set by means of a rotating movement (para. 0126); and
wherein the male coupling part (8) on the short edge can be fitted into the female coupling part on the long edge in one and the same rotating movement which is used to fit the male coupling part on the long edge into the female coupling part on the long or short edge (para. 0126, refer to Figs. 2-4, vertical, horizontal and rotational movement could be used for this connection);
wherein the male coupling part (8) on the short edge and the female coupling part (7) on the long edge comprise interlocking parts which, in a mutually coupled position of such a short edge and long edge, bring about an interlocking in a horizontal direction and an interlocking in a vertical direction (refer to Fig. 4);
wherein the female coupling part (7/9) on the long edge and on the short edge comprises a lateral groove (23) which is delimited by an upper lip and a bottom lip, the bottom lip (25) of which extends distally beyond the upper lip (24) and is provided with an upwardly pointing interlocking part (18);
wherein the male coupling part (6) on the long edge is provided with a tongue (22) which, in the coupled position, can cooperate with the abovementioned lateral groove in order to bring about a vertical interlocking; and
wherein the set of floor panels comprises at least one pair of interlocking portions in order to bring about the abovementioned vertical interlocking of the male coupling part on the short edge into the female coupling part on the long edge,
wherein the male coupling part (6) on the long edge may be fitted into the female coupling part (9) on the short edge of a floor panel from the set by means of a horizontal sliding movement with snap-fit effect;
wherein the male coupling part (6) on the long edge may be fitted into the female coupling part (7) on the long edge of a floor panel of the set by means of a horizontal sliding movement with snap-fit effect (refer to Fig. 3, wherein the bump out snaps into the recess);
wherein the male coupling part on the long edge and the female coupling part on the short edge are configured such that, when sliding a first panel from the set of floor panels horizontally relative to a second panel from the set of floor panels to couple the male coupling part on the long edge of the first panel to the female coupling part on the short edge of the second panel, and when sliding a bottom side of the tongue on the male coupling part on the long edge over the upwardly pointing interlocking part of the female coupling part of the short edge of the second panel, the tongue of the male coupling part is guided into and enters the groove of the female coupling part (refer to Fig. 3);
wherein, upon and during entry of the tongue into the groove due to horizontal sliding movement, there is no deformation of the tongue on the long edge of the male coupling part and no deformation of the bottom lip on the short edge of the female coupling part required (para. 0037 and 0172 imply that some embodiments include pretensioning via deformation and some do not. Fig. 3 does not disclose deformation).
Regarding claim 27:
DeRick discloses wherein the male coupling part on the long edge and the female coupling part on the short edge are configured in such a way that when horizontally sliding a first panel from the set of floor panels with respect to a second panel from the set of floor panels in order to couple the male coupling part on the long edge of the first panel to the female coupling part on the short edge of the second panel, when sliding the bottom side of the tongue of the male coupling part on the long edge over the upwardly pointing interlocking part of the female coupling part on the short edge, the tongue of the male coupling part on the long edge is guided in the groove of the female coupling part on the short edge.
Regarding claim 29:
DeRick discloses wherein when coupling the male coupling part on the long edge of a panel from the set by means of a horizontal sliding movement with snap-fit effect into the female coupling part on the short edge of a floor panel, a bending and returning of the bottom lip of the female coupling part on the short edge takes place after the entry of the tongue into the groove.
Regarding claim 30:
DeRick discloses a set of floor panels, optionally in accordance with claim 26, wherein these floor panels are elongate rectangular and therefore comprise a pair of long edges and a pair of short edges;
wherein both the long and the short edges are provided with mechanical coupling parts which allow the floor panels from the set to be coupled together;
wherein the one long edge is provided with a male coupling part and the other long edge is provided with a female coupling part;
wherein the one short edge is provided with a male coupling part and the other short edge is provided with a female coupling part;
wherein the male coupling part on the long edge can be fitted into the female coupling part on the long edge of a floor panel of the set by means of a rotating movement;
wherein the male coupling part on the long edge can also be fitted into the female coupling part on the short edge of a floor panel from the set by means of a rotating movement; and
wherein the male coupling part on the short edge can be fitted into the female coupling part on the long edge in one and the same rotating movement which is used to fit the male coupling part on the long edge into the female coupling part on the long or short edge;
wherein the male coupling part on the short edge and the female coupling part on the long edge have interlocking parts which, in a mutually coupled position of such a short edge and long edge, bring about an interlocking in a horizontal direction and an interlocking in a vertical direction;
wherein the female coupling part on the long edge and on the short edge comprises a lateral groove which is delimited by an upper lip and a bottom lip, the bottom lip of which extends distally beyond the upper lip and is provided with an upwardly pointing interlocking part (18);
wherein the male coupling part on the long edge is provided with a tongue (22) which, in the coupled position, can cooperate with the abovementioned lateral groove in order to bring about a vertical interlocking; and
wherein the set of floor panels comprises at least one pair of interlocking portions in order to bring about the abovementioned vertical interlocking of the male coupling part on the short edge into the female coupling part on the long edge,
wherein the upwardly pointing interlocking part of the female coupling part on the long edge and/or the upwardly pointing interlocking part of the female coupling part on the short edge, in cross section at right angles to the respective edge, comprises a point (uppermost surface) which is situated closest to the top side of the panel, and
wherein, when running through the section of this interlocking part proximally from this point, from proximally from this interlocking part to the distal end of this interlocking part, the distance to the level of the surface of the floor panel becomes continuously smaller, wherein the same face may be used proximally to the upwardly pointing interlocking part of the female coupling part on the long edge and/or of the female coupling part on the short edge for horizontal interlocking both with a male coupling part on the long edge and with a male coupling part on the short edge.
Regarding claim 31:
DeRick discloses wherein the slope runs distally (it slopes upward from proximal to distal).
Regarding claims 32-33:
DeRick discloses wherein the angle between the bottom lip of the female coupling part on the long edge and the proximal flank of the interlocking part of the female coupling part on the long edge is greater than 90° everywhere (refer to Figs. 2-4, it presents a positive slope/obtuse angle), wherein this angle is the angle outside the material of the floor panel, wherein the angle is between 100° and 135° in the bending point of this proximal flank (this angle corresponds to angle A2 in Fig. 2 which is equal to 120° from the horizontal.
Regarding claims 34-36:
DeRick discloses wherein at least one pair of interlocking portions, in order to bring about the abovementioned vertical interlocking of the male coupling part of the short edge into the female coupling part on the long edge, comprises a first interlocking portion (10) on this male coupling part and a second interlocking portion (11) on the female coupling part which cooperates with the former in the coupled position;
wherein the abovementioned second interlocking portion which is present on the female coupling part is situated on the proximal side of the abovementioned upwardly pointing interlocking part;
wherein the abovementioned second interlocking portion consists of an undercut (11), in the form of a sloping surface under which the first interlocking portion (10) may engage;
wherein the male coupling part of the short edge and the female coupling part on the long edge are configured in such a way that the first interlocking portion can be brought behind the second interlocking portion by means of a downward movement of the male coupling part of the short edge, more particularly by means of a downward snap-fit movement.
Regarding claim 37:
DeRick discloses wherein the male coupling part on the short edge comprises a flange which extends laterally at the top and which has a downwardly extending interlocking part (17), and in that, for the abovementioned vertical interlocking, an additional pair of interlocking portions is provided, one interlocking portion (10) of which is situated on the distal end of the abovementioned flange and/or downwardly extending interlocking part, while the other interlocking portion is then situated on the opposite floor panel,
wherein there is a pretension (para. 0172) in the contact surface between the proximal end of the downwardly extending interlocking part of the male coupling part on the short edge and the upwardly pointing interlocking part of the female coupling part on the long edge between the male coupling part on the short edge and the female coupling part on the long edge in the coupled position, by an overlap of the profiled sections of these interlocking parts in the uncoupled position.
Regarding claims 38 and 39:
DeRick discloses wherein, for the abovementioned vertical interlocking of the male coupling part on the short edge into the female coupling part on the long edge, at least one pair of interlocking portions is provided (17 and 18), namely a first interlocking portion on this male coupling part and a second interlocking portion on the female coupling part which cooperates with the former in the coupled position, wherein the abovementioned second interlocking portion which is present on the female coupling part is situated on the distal end of the bottom lip and/or of the upwardly pointing interlocking part, whereas the other abovementioned first interlocking portion is situated on the opposite floor panel;
wherein the interlocking portion which is situated on the distal end of the abovementioned bottom lip and/or of the upwardly pointing interlocking part consists of a projection or recess, whereas the interlocking portion which cooperates with the latter then consists of a recess (21) or projection, respectively, in which case such a projection may consist of a bulge-shaped portion (17).
Regarding claim 40:
DeRick discloses wherein the coupling parts on all four edges are integrally formed from the material of the floor panels.
Regarding claim 41:
DeRick discloses wherein the female coupling part on the short edge and the female coupling part on the long edge are substantially congruent and are identical to each other.
Regarding claim 42:
DeRick discloses wherein, on the underside of the female part of the long edge and/or of the short edge, a recess (21) is present which makes elastic bending during assembly easier.
Regarding claim 43:
DeRick discloses wherein the bottom lip of the female coupling part on the long edge comprises a first support surface (18) and a second support surface (20) situated at a different distance from the bottom side of the panel, wherein the first support surface and the second support surface, in the coupled position with another panel, are both situated proximally from an open space between the bottom lip and either the bottom side of the tongue or the bottom side of the downwardly extending interlocking part of the other panel, wherein the first support surface is situated proximally from the second support surface, wherein the first support surface is provided for making contact with the bottom side of the tongue of a male coupling part on the long edge of a coupled panel (at 20), wherein the second support surface is a potential or actual support surface for the bottom side of the downwardly extending interlocking part of the male coupling part on the short edge.
Regarding claims 44 and 45:
DeRick discloses wherein it comprises two types of floor panels which are configured in such a way that a herringbone pattern may be produced (refer to Fig. 1), wherein the coupling parts of the two types of floor panels are mirrored with respect to each other (para. 0169),
wherein a herringbone pattern is produced.
Response to Arguments
Applicant's arguments filed 11/12/25 have been fully considered but they are not persuasive.
Regarding applicant’s argument that DeRick (US 2019/0136545) does not disclose that there is no deformation of the tongue on the long edge of the male coupling part and no deformation of the bottom lip on the short edge of the female coupling part required, Fig. 3 of DeRick discloses no deformation.
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DeRick implies that deformation is an optional feature in para. 0172 stating that “it is possible”:
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Regarding applicant’s argument that DeRick does not illustrate the entry of the tongue into the groove occurs when sliding a bottom side of the tongue on the male coupling part on the long edge over the upwardly pointing interlocking part of the female coupling part of the short edge of the second panel, the male coupling part is guided and enters the groove of the female coupling part, the examiner maintains the position that DeRick discloses this feature. As shown in Fig. 3 reproduced above, DeRick slides the panels towards each other and then the bottom side of the tongue is guided by tracing along the lip to enter the groove of the female coupling part. This is the same manner of engagement as the instant invention. The examiner has placed Fig. 3 of DeRick mirrored next to Fig. 10 of the instant invention for comparison.
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Further, it is the set of floor panels being claimed, not the method. The structure of DeRick is capable of performing the function set forth above.
Applicant argues that after the entry stage, there is deformation or bending stage wherein the tongue is pushed further horizontally into the groove. DeRick also teaches optional deformation/bending so as to provide pretension as set forth above. This is the same operable manner.
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After the deformation or bending stage in DeRick, the coupling parts are in their coupled position after the horizontal sliding movement, due to the return of the bottom lip of the female coupling part on the short edge.
The examiner emphasizes that the prior art structure of DeRick is capable of performing the claimed function irrespective of it being explicitly stated by DeRick. Fig. 9 of DeRick shows that the tongue may trace along the lip of the groove to an engagement point where it then exerts sufficient force to deform the bottom lip of the female coupling part.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633