DETAILED ACTION
The Examiner acknowledges Claim 2 has been amended and Claims 12-13 and 16 have been cancelled.
Response to Arguments
Applicant’s arguments and amendments with respect to the Prior Art rejections have been considered but are moot because the amendment has necessitated a new ground(s) of rejection.
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 2-11 and 14-15 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. In claim 2, on Line 2 it recites “the surface covering” but previously it was referred to as “a surface covering panel”. It is unclear this these are the same or different.
Claims 2-11 and 14-15 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. In claim 2, on Line 20, it recites “the panel” but Line 1 calls it “a surface covering panel”. It is unclear this these are the same or different.
Claims 9 and 10 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. In claim 9, it recites “the panel” but the claim depends from claim 1 that recites on Line 1, “a surface covering panel”. It is unclear this these are the same or different. And in claim 10 it also recites “a panel”. It is unclear this these are the same or different.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 3, 8, 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 7,516,588 to Pervan in view of US Patent # 9,556,620 to Capelle et al.
Regarding claim 2, Pervan teaches in Figure 9b [annotated below], a vertical joint system (A) for a surface covering panel (1/1’) having an upper surface (B) which is visible when the surface covering panel (1/1’) is laid and an opposed lower surface (C) and a plurality of sides (D and E) located between the upper (B) and lower (C) surfaces, the vertical joint system (A) comprising: a male part (4a) along a first (D) of the sides; and a female part (4b) along a second (E) of the sides, the second side (E) being opposite to the first side (D), the female part (4b) having a protrusion (8) that extends from the lower surface (C) toward the upper surface (B) and an outermost female surface (F) on the protrusion (8), wherein the male part (4a) has a male protrusion (10) with an outermost male surface (G) formed on the male protrusion (10), wherein the female part (4b) has a female recess (9) adjacent the female protrusion (8), the female recess (9) having an inner most female surface (H) distant from the female protrusion (8), wherein the female part (4b) has a datum surface (J) on which the male part (4a) bears when the male (4a) and female parts (4b) of respective vertical joint systems (A) are in a locked position [as in the Figure], the datum surface (J) providing a depth control [it cannot go any lower] for the male part (4a) when inserted into the female part (4b), wherein, between the datum surface (J) and a bottom (K) of the female recess (9) in a vertical direction, there is contact between a nib (L) [end of the male part] on the outermost surface (G) of the male protrusion (10) and a recess surface (M) of the female recess (9) in the locked position [as in the Figure], and wherein a minimum of a total material thickness of the panel (1/1”) extends from the bottom (K) of the female recess (9) to the lower surface (C) of the panel (1/1’), wherein the datum surface (J) of the female part (4b) is horizontal [as seen]. Pervan does not teach a minimum of about 30% of a total material thickness of the panel extends from the bottom of the female recess to the lower surface of the panel. However, However, Capelle teaches in Figure 33, a minimum (T2) of 30% of a total material thickness (T) (Column 26, Lines 13-15) from a bottom of a female recess (20) to a lower surface of a panel (1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Pervan’s floor panel with Capelle’s with a reasonable expectation of success because Capelle teaches that there is a balance between the thickness of the female recess and the thickness of the panel that can lead to weakening (Column 26, Lines 13-21).
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Regarding claim 3, Pervan in view of Capelle teach a vertical joint system. Furthermore, Pervan teaches in Figure 9b [annotated above], when starting from the upper surface (B) the male part (4a) has an upper edge from which extends a generally vertical surface (18).
Regarding claim 8, Pervan in view of Capelle teach a vertical joint system. Furthermore, Pervan teaches in Figure 9b [annotated above], the datum surface (J) of the female part (4b) is contiguous with a concavity (N) extending upward from the datum surface (J).
Regarding claim 11, Pervan in view of Capelle teach a vertical joint system. Furthermore, Pervan teaches in Figure 9b [annotated above], the male part (4a) has a male recess (12) that opens toward the lower surface (C), the male protrusion (10) is adjacent to the male recess (12), and the outermost male surface (G) is formed on the male protrusion (10) distant from the male recess (12).
Regarding claim 14, Pervan in view of Capelle teach a vertical joint system. Furthermore, Pervan teaches in Figure 9b [annotated above], the datum surface (J) of the female part (4b), by abutting a datum surface (O) of the male part (4a) in the locked position [as in the Figure], is configured to provide resistance against further downward displacement of the male part (4a).
Regarding claim 15, Pervan in view of Capelle teach a vertical joint system. Furthermore, Pervan teaches in Figure 9b [annotated above], the datum surface (J) of the female part (4b) faces upward.
Allowable Subject Matter
Claims 4-7 and 9-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the Prior Art does not anticipate or make obvious a point of contact between the nib and the recess surface is between the upper edge and an end of the datum surface in the locked position.
Regarding claim 5, the Prior Art does not anticipate or make obvious a portion of the recess surface of the female recess is vertically under the datum surface.
Regarding claims 6-7, the Prior Art does not anticipate or make obvious the recess surface of the female recess is one of a plurality of recess surfaces of the female recess configured to contact the nib of the male protrusion when the male part is pulled away from the female part.
Regarding claims 9-10, the Prior Art does not anticipate or make obvious a first inclined surface extends from the datum surface of the female part, downward and outward from the panel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635