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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/29/26 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Claims 1-20 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.
Claims 1 and 14 are not structured in a way to provide clarity between the components of “the first pair of mutually opposing edges” and “the second pair of mutually opposing edges”. Each has “coupling parts” comprising “a horizontally active interlock system” and “a vertically active interlock system”. However, the coupling parts and the interlock systems associated with each respective pair of opposing edges are not differentiated from each other throughout the claims. The claim components should be labeled in a way to clearly differentiate from each other (e.g. “the coupling parts of the first pair of edges” and “the vertically active interlock system of the second pair of edges). Any place where both the first pair of edges and the second pair of edges have claim components by the same name in the claims, the components must be differentiated from each other.
Claim 1, line 10 specifies that the first pair of mutually opposing edges comprises coupling parts that comprise a vertically active interlock system. Line 21 also specifies that the second pair of mutually opposing edges comprises coupling parts that comprise a vertically active interlock system. However, the claim fails to further differentiate between the two different vertically active interlock systems. Lines 35 and 48 each recites “the vertically active interlock system” but does not specify whether it is the one associated with the first pair of mutually opposing edges or the second pair of mutually opposing edges. Claim terms should be clearly differentiated from each other to provide clarity and avoid confusion.
Claim 14 also has multiple recitations of “the vertically active interlock system” without specifying which pair of edges it is associated.
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 1-5, 12-13, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kell, US 2017/0175401.
Regarding claim 1:
Kell clearly discloses a floor panel for forming a floor covering, wherein the floor panel has a first pair of mutually opposing edges and a second pair of mutually opposing edges;
wherein the first pair of mutually opposing edges comprises coupling parts which allow two of such floor panels to be coupled together, and
wherein these coupling parts have the following features:
the coupling parts comprise a horizontally active interlock system which, in a coupled state of two of such floor panels, realizes a lock in the plane of the floor panels perpendicularly to the edges concerned;
the coupling parts also comprise a vertically active interlock system which, in a coupled state of two of such floor panels, realizes a lock transversely to the plane of the floor panels;
the coupling parts are configured such that two of such panels can be coupled together at these edges by means of a rotational movement;
wherein the second pair of mutually opposing edges also comprises coupling parts on both edges, which allow two of such floor panels to be coupled together and wherein these coupling parts have the following features:
the coupling parts comprise a horizontally active interlock system which, in a coupled state of two of such floor panels, realizes a lock in the plane of the floor panels perpendicularly to the edges concerned;
the coupling parts also comprise a vertically active interlock system which, in a coupled state of two of such floor panels, realizes a lock transversely to the plane of the floor panels;
the horizontally active interlock system of the second pair of edges is at least formed by an upwardly pointing bottom hook-shaped part which is situated on one of said two edges, and a downwardly pointing top hook-shaped part which is situated on the opposite edge,
wherein the bottom hook-shaped part consists of a lip with an upwardly pointing locking element which proximally thereto defines a female part in the form of a recess, while the top hook-shaped part consists of a lip with a downwardly pointed locking element which forms a male part;
the coupling parts are configured such that two of such floor panels can be coupled together at their respective edges by means of a downward movement of the one floor panel relative to the other;
the vertically active interlock system comprises vertically active locking parts which, by means of respective contact faces, define at least a first locking zone and a second locking zone,
wherein said first locking zone comprises a first locking part formed on a distal surface of the male coupling part, and cooperating therewith a second locking part of the female part, and said second locking zone comprises a third locking part on a distal surface of said lip of the bottom hook-shaped part, and cooperating therewith a fourth locking part of the floor panel coupled thereto;
wherein the horizontally active interlock system of the second pair of edges comprises contact faces formed between the upwardly pointing locking element and the downwardly pointing locking element,
wherein these contact faces extend from bottom to top in a direction away from said first locking zone; and
wherein the vertically active interlock system furthermore comprises contact faces between the downwardly pointing locking element and the lip of the bottom hook-shaped part, wherein said contact faces of the vertically active interlock system are situated on a part of the female coupling part which is situated at a distance from the upper edge of the panel edge with the female coupling part, wherein this distance amounts to at least 20% of the thickness of the floor panel (refer to Fig. 12a, the distance is more than 50%).
wherein a first space is enclosed between the contact faces of the vertically active interlock system and the contact faces of the horizontally active interlock system;
wherein a second space is present below the male part and adjacent to the contact faces of the vertically active interlock system,
wherein said first space and second space are located on opposite sides of the contact faces of the vertically active interlock system;
wherein a third space is present between the upwardly pointing locking element and the downwardly pointing locking element and adjacent to the contact faces of the horizontally active interlock system,
wherein said first space and third space are located on opposite sides of the contact faces of the horizontally active interlock system (refer to the figures annotated below).
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Regarding claim 2:
Kell discloses a fourth (located at the 1st locking zone as applied to claim 1) space is present between the locking parts of the first locking zone.
Regarding claim 3:
Kell discloses wherein a fourth space is present between the locking parts of the second locking zone (labeled 4th space above, part of the zone is in contact, part is spaced).
Regarding claim 4:
Kell discloses a fourth space is present between the locking parts of the first locking zone and wherein a fifth space is present between the locking parts of the second zone (the two spaces addressed in claims 2 and 3 above).
Regarding claim 5:
Kell discloses wherein the upwardly pointed locking part has a recess (118) on its underside.
Regarding claims 12 and 19:
Kell discloses wherein the first pair of mutually opposing edges are provided with chamfers (230 in Fig. 12a, the chamfers being an optional feature of the edges).
Regarding claim 13:
Kell discloses wherein the male part, during said downward movement, may be brough without deformation into the female part to a position in which the downwardly pointing locking element makes contact with the upwardly pointing locking element (refer to Figs. 13a and 13b, the attachment is made by slight rotation rather than deformation), wherein this contact on the upwardly pointing locking element is above said contact faces of the horizontally active interlocking system which are formed in the coupled state (refer to Fig. 5, the horizontally active interlocking system of the first pair of opposing edges lies within the lower half of the panel while the contact of the second opposing edges is in the upper half of the panel).
Regarding claim 20:
Kell discloses wherein the coupling parts of the first pair of mutually opposing edges are configured such that two of such panel can be coupled together at these edges by means of a rotational movement.
Claim Rejections - 35 USC § 103
Claims 6, 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kell, US 2017/0175401.
Regarding claims 6 and 7:
Kell discloses wherein the tangent of the first locking zone forms an angle (gamma) with the horizontal is 50° +/- 30° (para. 0016) and wherein the tangent determined by the second locking zone forms an angle (phi) with the horizontal which is 50° +/- 30° (para. 0017). These ranges overlap with less than 60°.
In the case where the claimed range “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Regarding claim 14:
Kell discloses a floor panel for forming a floor covering, wherein the floor panel has a first pair of mutually opposing edges and a second pair of mutually opposing edges;
wherein the first pair of mutually opposing edges comprises coupling parts which allow two of such floor panels to be coupled together, and
wherein these coupling parts have the following features:
the coupling parts comprise a horizontally active interlock system which, in a coupled state of two of such floor panels, realizes a lock in the plane of the floor panels perpendicularly to the edges concerned;
the coupling parts also comprise a vertically active interlock system which, in a coupled state of two of such floor panels, realizes a lock transversely to the plane of the floor panels;
wherein the second pair of mutually opposing edges also comprises coupling parts on both edges, which allow two of such floor panels to be coupled together and wherein these coupling parts have the following features:
the coupling parts comprise a horizontally active interlock system which, in a coupled state of two of such floor panels, realizes a lock in the plane of the floor panels perpendicularly to the edges concerned;
the coupling parts also comprise a vertically active interlock system which, in a coupled state of two of such floor panels, realizes a lock transversely to the plane of the floor panels;
the horizontally active interlock system of the second pair of edges is at least formed by an upwardly pointing bottom hook-shaped part which is situated on one of said two edges, and a downwardly pointing top hook-shaped part which is situated on the opposite edge,
wherein the bottom hook-shaped part consists of a lip with an upwardly pointing locking element which proximally thereto defines a female part in the form of a recess, while the top hook-shaped part consists of a lip with a downwardly pointed locking element which forms a male part;
the coupling parts are configured such that two of such floor panels can be coupled together at their respective edges by means of a downward movement of the one floor panel relative to the other;
the vertically active interlock system comprises vertically active locking parts which, by means of respective contact faces, define at least a first locking zone and a second locking zone,
wherein said first locking zone comprises a first locking part formed on a distal surface of the male coupling part, and cooperating therewith a second locking part of the female part, and said second locking zone comprises a third locking part on a distal surface of said lip of the bottom hook-shaped part, and cooperating therewith a fourth locking part of the floor panel coupled thereto;
wherein the horizontally active interlock system of the second pair of edges comprises contact faces formed between the upwardly pointing locking element and the downwardly pointing locking element,
wherein these contact faces extend from bottom to top in a direction away from said first locking zone; and
wherein the vertically active interlock system furthermore comprises contact faces between the downwardly pointing locking element and the lip of the bottom hook-shaped part,
wherein a first space is enclosed between the contact faces of the vertically active interlock system and the contact faces of the horizontally active interlock system;
wherein a second space is present below the male part and adjacent to the contact faces of the vertically active interlock system, wherein said first space and second space are located on opposite sides of the contact faces of the vertically active interlock system;
wherein a third space is present between the upwardly pointing locking element and the downwardly pointing locking element and adjacent to the contact faces of the horizontally active interlock system, wherein said first space and third space are located on opposite sides of the contact faces of the horizontally active interlock system;
wherein a fourth space is present between the locking parts of the second locking zone;
wherein the upwardly pointed locking part has a recess on its underside, wherein said locking part on a distal surface of the lip of the bottom hook-shaped part partially delimits said recess.
Kell does not expressly disclose the fourth space having a dimension in the vertical direction of more than 0.05mm and less than 0.25mm.
It would have been obvious to one having ordinary skill in the before the effective filing date of the invention, to contrive any number of desirable ranges for the vertical dimension limitation disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Refer to MPEP § 2144.05.
Response to Arguments
Applicant's arguments filed 2/6/26 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Kell does not disclose downward movement coupling, the geometry of the panels of Kell shown in Fig. 12a are conducive to coupling by a downward movement. Further, Fig. 2 clearly shows both a rotational movement for the one edge, and a downward movement for the other edge.
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The examiner maintains that Kell discloses first and second locking zones for the vertically active interlock system, as labeled above. Claim terms are given their broadest reasonable interpretation. The prior art is not required to recite the same language as the claim. Engagement protrusions in Kell provide for the claimed locking zones. The examiner has identified the various claimed spaces in the figure reproduced above. The illustrated spaces being related to engagement tolerances does not preclude them from anticipating the claimed spaces.
The claims do not specify that the contact faces of the horizontally active interlock system extend from bottom to top in a direction away from a first locking zone. Claim limitations are not read into the claims. Nonetheless, the examiner finds that the horizontally active interlock system extends from bottom to top in a direction away from a first locking zone in the same manner as the instant invention by extending vertically and curving outwardly toward the third space.
Kell discloses multiple vertically active locking zones as associated with the locking zones labeled above. Regarding the argument that Kell does not disclose a recess, the recess is associated with the 4th space labeled above.
Regarding applicant’s argument to the dimensions of the fourth space in claim 14 not being disclosed by Kell, the argument is moot in view of the new grounds of rejection set forth above.
Allowable Subject Matter
Claims 8-11 and 15-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 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