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 .
Acknowledgment is made of the amendment filed 1/16/26. Accordingly the application has been amended.
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 52-59,61-71 and all claims depending therefrom 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 52 recites “substantially perpendicular to the plane of the panel or with an angle less than 100 “. The term “substantially” is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention in light of the rest of the phrase “or with an angle less than 100 “. The alternative language “or” appears to differentiate “substantially perpendicular” from “with an angle less than 100” , which includes 0 degrees which is perpendicular; additionally the term “substantially” would reasonably encompass those values close to but not exactly 0 degrees, which would include 0.000001-10 degrees. Therefore it is unclear how it can be “or” or what is encompassed by the claim term “substantially, causing confusion regarding the scope of the claimed invention.
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.
Claim(s) 52-59,61-71 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devos (20170370109).
Claim 52. Devos discloses a decorative panel, wherein the panel comprises a substrate (2) and a top layer (37), wherein the top layer comprises a decorative layer,
wherein the substrate comprises one or more thermoplastic layers or wherein the substrate is a thermoplastic substrate or wherein the substrate comprises one or more layers that expand under an influence of temperature (as noted at least at paragraphs 0049-0062);
wherein the panel comprises a first pair of opposite edges (3-4 or 5-6) including a first edge and a second edge, wherein the first edge comprises a male coupling part (7, figure 4) and the second edge comprises a female coupling part (the recess groove formed by/above 8, figure 4), so that the first edge of the panel can be coupled to the second edge of another such panel (as seen in figure 4 and noted throughout the disclosure);
wherein the male coupling part and the female coupling part of the first pair of opposite edges form a first locking system that provides locking in the plane of the panels and perpendicular to the coupled edges, and also form a second locking system that provides locking transverse to a plane of the panels (figure 4, as noted throughout the disclosure);
wherein the first edge in an upper half of the panel comprises a first sealing face (as seen in figure 4 above 29), substantially perpendicular to the plane of the panel or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the first edge;
wherein the second edge comprises, in the upper half of the panel, a second sealing face (the opposing face as seen in figure 4 above 29), substantially perpendicular to the plane of the panel or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the second edge;
wherein in a coupled state of the first edge of the panel on the second edge of another such panel, the first sealing face of the panel and the second sealing face of the another such panel abut against each other,
wherein the first sealing face and the second sealing face come into contact or
wherein a distance between the first sealing face and the second sealing face measured parallel to the plane of the panel and perpendicular to the coupled edges is less than 0.07 mm (as seen in figure 4 and noted at least at paragraph 0121-0123);
wherein the first edge, located closer to a underside of the panel than the first sealing face, comprises a third sealing face (the opposing face generally near 23 and 34 as noted at figure 4), substantially perpendicular to the plane of the panel or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the first edge; in that the second edge located closer to the underside of the panel than the second sealing face, comprises a fourth sealing face (23, figure 4), substantially perpendicular to the plane of the panel or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the second edge (as seen in figure 4);
wherein in the coupled state of the first edge of the panel on the second edge of another such panel, the third sealing face of the panel and the fourth sealing face of the other such panel abut against each other, wherein the third sealing face and the fourth sealing face come into contact or wherein the distance between the third sealing face and the fourth sealing face measured parallel to the plane of the panel and perpendicular to the coupled edges is less than 0.07 mm (figure 4 and as noted in the disclosure at least at paragraph 0121-0123);
wherein the male coupling part and the female coupling part on the first pair of edges are configured in such a way that the panel can be coupled on its first edge by a downward motion of the panel relative to another such penal, to the second edge of the other such panel (as noted in at least in figure 4 and throughout the disclosure);
wherein the first locking system of the first pair of opposite edges is formed at least from an upwards directed lower hook shaped portion (8 including 12, figure 4) that is located on the second edge, and a downwards directed upper hook shaped portion (7 including 9,10) that is located on the first edge (as seen in figure 4),
wherein the upwards directed lower hook shaped portion consists of a lip with an upwards directed locking element (at 12),
wherein proximally of the upwards directed locking element the female coupling part is formed in the form of a recess (above 8 as noted above), whereas the downwards directed upper hook shaped portion consists of lip (at 10) with a downwards directed locking element (10);
wherein the downwards directed locking element forms the male coupling part (as seen in figure 4);
wherein in the downwards motion, the downwards directed locking element on the first edge of the panel hooks behind the upwards directed locking element on the second edge of a rear such panel (as seen in figure 4 and noted throughout the disclosure);
wherein the panel comprises a second pair of opposite edges (the other of 3-4,5-6), including a third edge and a fourth edge (as seen in figure 5 and noted throughout the disclosure),
wherein the third edge comprises a male coupling part (32, figure 5) and the fourth edge comprises a female coupling part (generally 33, figure 5, paragraph 0123) so that the third edge of the panel can be coupled to the fourth edge of another such panel (figure 5, paragraph 0123);
wherein the male coupling part and the female coupling part of the second pair of opposite edges form a first locking system that provides locking in the plane of the panel and perpendicular to the coupled edges, and also form a second locking system that provides locking transverse to the plane of the panels (figure 5, as noted throughout the disclosure);
wherein the third edge comprises, in the upper half of the panel, a first sealing face (as seen in figure 5) of the third edge, substantially perpendicular to the plan of the panel and/or within an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the third edge (as seen in figure 5);
wherein the fourth edge comprises, in the upper half of the panel, a second sealing face (opposite the first noted above, figure 5) of the fourth edge, substantially perpendicular to the plane of the panel or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the fourth edge;
wherein in the coupled state of the third edge of the panel on the fourth edge of another such panel, the first sealing face of the third edge and the second sealing face of the fourth edge abut against each other, wherein these sealing faces come into contact or wherein the distance measured parallel to the plane of the panel and perpendicular to the coupled edges is less than 0.07mm;
wherein the third edge located closer to the underside of the panel than the first sealing face of the third edge comprises a third sealing face, substantially perpendicular to the plane of the panel or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the third edge (as noted in the annotated figure below);
wherein the fourth edge located closer to the underside of the panel than the second sealing face of the fourth edge, comprises a fourth sealing face, substantially perpendicular to the plane of the panel and/or with an angle less than 100 relative to the plane perpendicular to the plane of the panel and parallel to the fourth edge (as noted in the annotated figure below).
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Devos does not expressly disclose wherein in the coupled state of the third edge of the panel, on the fourth edge of another such panel, the third sealing face of the third edge of the panel and the fourth sealing face of the fourth edge of the other such panel abut against each other; wherein these sealing faces come into contact or wherein the distance measured parallel to the plane of the panel and perpendicular to the coupled edges is less than 0.07mm. However Devos does disclose an embodiment where the lower sealing faces abut and come into contact (as seen in figure 4, paragraph 0121-0123).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the third and fourth sealing faces of the third and fourth edges to abut and come into contact with each other to achieve the predictable result of enhancing the dimensional stability of the floor panel in particular with a floor panel with a substrate substantially of thermoplastic material to limit and prevent shrinkage and extension (as noted at paragraph 0121 of Devos).
Claim 53. The decorative panel as in claim 52, wherein the first sealing face of the first edge, the second sealing face of the second edge, the third sealing face of the first edge and the fourth sealing face of the second edge are configured so that in a cross-section of the panel perpendicular to the plane of the panel and perpendicular to the first pair of opposite edges, the length of the contact when there is contact between the first sealing face of the first edge and the second sealing face of the second edge is less than the length of the contact when there is contact between the third sealing face of the first edge and the fourth sealing face of the second edge (as seen in figure 4).
Claim 54. The decorative panel as in claim 52, wherein the first sealing face of the first edge, the second sealing face of the second edge, the third sealing face of the first edge and the fourth sealing face of the second edge are configured so that in a cross-section of the panel perpendicular to the plane of the panel and perpendicular to the first pair of opposite edges, the length of the contact when there is contact between the first sealing face of the first edge and the second sealing face of the second edge is greater than the length of the contact when there is contact between the third sealing face of the first edge and the fourth sealing face of the second edge (as seen in figure 5 and/or as noted at paragraph 0123 where the length of the sealing face abutment at the third and fourth sealing face can be shortened).
Claim 55. Devos discloses the decorative panel as in claim 52, but does not expressly disclose wherein the difference between a first length and a second length relative to an average of the first length and the second length is less than 35%,wherein the first length is the length of the contact when there is contact between the first sealing face of the first edge and the second sealing face of the edge; and wherein the second length is the length of the contact when there is contact between the third sealing face of the first edge and the fourth sealing face of the second edge. However Devos does disclose that the length of contact of the sealing face can be shorted (paragraph 0123). Further it has been held that changes in size/proportions are obvious (MPEP 2144.04). Applicant has not disclosed that the first and second length with a difference less than 35% solves any stated problem or is for any particular purpose. Moreover, it appears that the panel of Devos, or applicant' s invention, would perform equally well with the first and second length of any dimension or difference percentage.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the first and second length to have a difference less than 35% to achieve the predictable result of a preventing warping and shrinkage or extension under the influence of temperature (as taught by Devos).
Claim 56. The decorative panel as in claim 52, wherein the third sealing face of the first edge is located in the lower half of the thickness of the panel (as seen in figures 4-5); and in that the fourth sealing face of the second edge is located in the lower half of the thickness of the panel (as seen in figures 4-5).
Claim 57. The decorative panel as in claim 52, wherein the first sealing face of the first edge and the second sealing face of the second edge are formed at least partly in the substrate, wherein the first sealing face of the first edge and the second sealing face of the second edge are each formed in the substrate for at least 75 percent of their surface (as seen in figures 4-5).
Claim 58. The decorative panel as in claim 52, wherein the male coupling part configured on the first edge is substantially in the form of a tongue, while the female coupling part configured on the second edge is substantially in the form of a groove (as seen in figures 4-5); wherein the groove is delimited by an upper lip (at 29,14 of figure 4, and as seen in figure 5) and a lower lip (11-figure 4, and as seen in figure 5) projects farther in a distal direction than the upper lip and wherein the lower lip comprises a locking element in the form of an upwards directed locking element (12, figure 4 or as noted in the annotated figure 5 below), wherein the upwards directed locking element together with a recess on the underside of the tongue (as seen in figures 4-5), in the coupled state of the panel with its first edge on the second edge of another such panel, provides locking in the plane of the panels and perpendicular to the coupled edges; wherein the panel can be coupled with its first edge on the second edge of another such panel by a turning motion of the panel relative to the second edge of the other such panel; and/or by a sliding motion of the panel parallel to the other such panel, giving rise to a snap connection.
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Claim 59. The decorative panel as in claim 58, wherein the fourth sealing face of the second edge is located at a distal end of the lower lip of the second edge (as noted in figures 4-5).
Claim 61. The decorative panel as in claim 60, wherein the fourth sealing face of the second edge is located at a distal end of the upwards directed locking element (as noted in figures 4-5).
Claim 62. The decorative panel as in claim 52, wherein in the coupled state of the male coupling part and the female coupling part of the first pair of opposite edges or of the male coupling part and the female coupling part of the second pair of opposite edges, the second locking system is formed at least by a locking element (as noted in the annotated figure 5 above) at the distal end of the lip and/or of the upwards directed locking element of the second edge of the other such panel and a second locking element on the opposite first edge of the panel, interacting therewith, wherein one of the first and second locking elements is formed by an undercut and the other by a projection (as seen in figure 5).
Claim 63. The decorative panel as in claim 62, wherein the third sealing face of the first edge is located under the locking element of the first edge; and in that the fourth sealing face of the second edge is located under the locking element at the distal end of the lip and/or of the upwards directed locking element of the second edge (as seen in figures 4-5).
Claim 64. The decorative panel as in claim 52, wherein the third sealing face of the first edge is made completely in the substrate; and in that the fourth sealing face of the second edge is made completely in the substrate (as noted in claims 4-5).
Claim 65. The decorative panel as claim 52, wherein in the coupled state of the first edge of the panel on the second edge of another such panel, the third sealing face of the first edge of the panel and the fourth sealing face of the second edge of the other such panel come into contact with each other; and in that the third sealing face of the first edge and the fourth sealing face of the second edge are configured so that in a cross-section of the panel perpendicular to the plane of the panel and perpendicular to the first pair of opposite edges (as seen in figures 4-5, noted above). Devos does not expressly disclose a length of the contact between the third sealing face of the first edge and the fourth sealing face of the second edge is at least 10% of a thickness of the panel.
However Devos does disclose that the length of contact of the sealing face can be shorted (paragraph 0123). Further it has been held that changes in size/proportions are obvious (MPEP 2144.04). Applicant has not disclosed that the length of the contact between the third sealing face and the fourth sealing face is at least 10% of the thickness of the panel solves any stated problem or is for any particular purpose. Moreover, it appears that the panel of Devos, or applicant' s invention, would perform equally well with the length of contact having any dimension or percentage of thickness.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the length of the contact between the third sealing face and the fourth sealing face is at least 10% of the thickness of the panel to achieve the predictable result of a preventing warping and shrinkage or extension under the influence of temperature (as taught by Devos).
Claim 66. The decorative panel as in claim 52, wherein the substrate comprises one or more layers that comprise a thermoplastic matrix, wherein the thermoplastic matrix is formed from one of the following materials: polypropylene (PP), polyethylene (PE), thermoplastic polyester, polyvinyl chloride (PVC), or a thermoplastic polyamide (as noted at least at paragraphs 0049-0062).
Claim 67. The decorative panel as in claim 66, wherein one or more of the one or more layers of the substrate comprise inorganic filler such as lime, chalk, talc, stone particles or clay (paragraph 0054,0058).
Claim 68. The decorative panel as in claim 66, wherein the substrate comprises a layer that comprises a thermoplastic matrix, wherein the thermoplastic matrix comprises a foamed thermoplastic matrix (paragraph 0057-0058).
Claim 69. The decorative panel as in claim 66, wherein the substrate comprises at least one layer, wherein the thermoplastic matrix contains plasticizer in an amount greater than 15 phr (paragraph 0058).
Claim 70. The decorative panel as in claim 66, wherein the substrate comprises at least one layer, wherein the thermoplastic matrix contains less than 5 phr plasticizer, and wherein the thermoplastic matrix does not contain plasticizer (paragraph 0058 where the lower substrate is preferably free from plasticizers).
Claim 71. The decorative panel as in claim 66, wherein the substrate comprises a first layer with a thermoplastic matrix and comprises a second layer with a thermoplastic matrix, wherein the thermoplastic matrix of the second layer expressed in phr ("parts per hundred resin") contains more plasticizer than the thermoplastic matrix of the first layer, wherein the second layer is located closer to a surface of the panel than the first layer (paragraph 0058, the upper and lower substrate).
Response to Arguments
Applicant's arguments filed 1/16/26 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the remarks at pages 14-15, regarding the functional cooperation and “downward-coupled system in which the male and female coupling parts work together to bring the first and second sealing faces into contact”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant’s arguments do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Rather the remarks amount to a general allegation that the function of Applicant’s invention is different, with direct nexus to the claim language or the rejection clearly mapping the prior art to the claimed language. Applicant’s claimed invention is not structurally distinct from the prior art as noted in the rejection previous presented and noted above. The fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Applicant’s remarks at the bottom of page 15 suggest Devos teaches away from male and female coupling parts of a turning-coupled edge. It is noted that this is not a recited limitation of claim 52. Further, “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). See MPEP 2141.02. Devos clearly not criticize, discredit or otherwise discourage the solution claimed, rather, Devos discloses it in an embodiment, as noted in the rejection above.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Devos clearly discloses the claimed invention, as noted in the rejection above. Accordingly, applicants arguments are not persuasive to overcome the rejection.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635