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 .
Claim Rejections - 35 USC § 112
Claim 21 is 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 21 recites “a crust layer is formed at a top portion and/or a bottom portion of the foam composite base layer”. Then the claim recites “wherein a center portion… is enclosed by both crust layers”. The claim is self-contradictory because only one crust layer is required by the claim but then the claim specifies “both crust layers”.
Claim Rejections - 35 USC § 103
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 1-12, 14-17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over DeRick et al., WO2017/115202 in view of Thiers et al., US 2006/0032168 and Risi et al., US 2013/0014464.
Regarding claims 1 and 2:
DeRick clearly discloses, as set forth by the Written Opinion of the ISA in PCT/EP2019/062703 as applied to claim 1 of the International Application, a multi-purpose tile system comprising a plurality of multi-purpose tiles wherein said tiles are configured to be joined in a rectangular pattern, wherein each tile comprises:
- a first pair of opposing edges consisting of a first edge and an opposite second edge;
- a second pair of opposing edges consisting of a third edge and an opposing fourth edge, wherein:
- the first edge and the third edge enclose a right angle, and wherein the second edge and the fourth edge enclose a second right angle opposing said first right angle, and wherein the second edge and the third edge enclose a first right angle, and wherein the first edge and the fourth edge enclose a second right angle opposing said first right angle, and wherein
- the first pair of opposing edges have pairs of opposing first mechanical coupling means for locking together said tiles at least vertically, and also horizontally, comprising:
- a first coupling profile comprising a sideward tongue extending in a direction substantially parallel to the upper side of the tile, and
- an opposing second coupling profile comprising a recess configured for accommodating at least a part of the sideward tongue of a further tile, said recess being defined by an upper lip and a lower lip, wherein said first mechanical coupling profiles allow locking together said tiles by inward angling whereby at least a part of the sideward tongue is received by the recess, and wherein
- the second pair of opposing edges have pairs of opposing second mechanical coupling means for locking together said tiles vertically and horizontally, comprising:
- a third coupling profile, comprising an upward tongue, at least one upward flank lying at a distance from the upward tongue and an upward groove formed between the upward tongue and the upward flank, wherein at least a part of a side of the upward tongue facing the upward flank is inclined toward the upward flank, and wherein at least a part of a side of the upward tongue facing away from the upward flank comprises at least one first locking element, which makes integral part of the upward tongue, and
- a fourth coupling profile, comprising a downward tongue, at least one downward flank lying at a distance from the downward tongue, and a downward groove formed between the downward tongue and the downward flank, wherein at least a part of a side of the downward tongue facing the downward flank is inclined toward the downward flank, and wherein the downward flank comprises at least one second locking element, which makes integral part of the downward flank, and adapted for co-action with the at least one first locking element of yet a further tile, wherein the second mechanical coupling profiles allow locking together said tiles during inward angling of the first coupling profile of a tile and the second coupling profile of another tile, wherein the fourth coupling profile of the tile to be coupled makes a scissoring movement toward the third coupling profile of yet another tile, leading to locking of the third coupling profile and the fourth coupling profile,
wherein the length of the first edge and the length of the second edge of a tile are greater than the length of the third edge and the length of the fourth edge of the tile, wherein each tile comprises a substantially rigid base layer at least partially made of a non- foamed composite comprising at least one plastic material and at least one filler, wherein at least one tile comprises at least one upper substrate affixed to an upper side the base layer, wherein said upper substrate comprises a decorative layer, and
wherein the tile is made of a foamed composite (synthetic material combined with other materials and then the obtained material is foamed).
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DeRick does not expressly disclose wherein the tiles are joined in a chevron pattern with respective obtuse and acute angles at the intersection of side edges.
Thiers discloses a tile system wherein the tiles are configured to be joined in a chevron pattern with respective acute and obtuse angles at the edge joints (refer to Figs. 9 and 10), wherein the system comprises two different types of tiles, wherein the first mechanical coupling means of one type of tile along the first pair of opposite edges are arranged in a mirror-inverted manner relative to the corresponding first mechanical coupling means along the same first pair of opposite edge portions of the other type of tile (tiles 2 and 3 of Thiers are mirror inverted).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to substitute the panel shape of Thiers for the shape of DeRick in order to provide a desirable shape. The change in shape and pattern yielding no extraordinary or unexpected results as suggested by Thiers. Thiers discloses a variety of shapes and configurations throughout the figures.
DeRick discloses the use of a bulge and a mating recess as shown in Figs. 14-17 of DeRick.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill to reverse the location of the bulge and recess, such that the bulge is on the upward tongue and the recess is on downward tongue. The modification is directed to a reversal of working parts wherein functionality is preserved and no extraordinary or unexpected results are achieved.
DeRick does not expressly disclose wherein at least one tile comprises a plurality of strip shaped, parallelogrammatic upper substrates affixed to an upper side the base layer, wherein said upper substrates are arranged side by side in the same plane, in a parallel configuration, and wherein longitudinal edges of said upper substrates run parallel to the third and further edge of the tile.
Risi discloses a tile system wherein at least one tile comprises a plurality of strip shaped, parallelogrammatic upper substrates affixed to an upper side the base layer, wherein said upper substrates are arranged side by side in the same plane, in a parallel configuration, and wherein longitudinal edges of said upper substrates run parallel to the third and fourth edges of the tile.
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Before the effective filing date of the invention, it would have been obvious to a person having ordinary skill in the art to substitute strip-shaped upper substrates as suggested by Risi for the single strip 54 of DeRick in order to reduce the cost of the floor while still using hardwood as the upper substrate (background of Risi).
Regarding claims 3 and 4:
DeRick discloses wherein at least one tile has a configuration wherein:
- the first coupling profile is arranged at the first/second edge;
- the second coupling profile is arranged at the second/first edge;
- the third coupling profile is arranged at the third edge; and
- the fourth coupling profile is arranged at the fourth edge.
Regarding claim 5:
DeRick discloses wherein:
- the first coupling profile comprises a sideward tongue extending in a direction substantially parallel to the upper side of the tile, the bottom front region of said sideward tongue, the bottom back region of said tongue being configured as bearing region, wherein the bottom back region is located closer to the level of the upper side of the tile than a lowest part of the bottom front region, and wherein
- the second coupling profile comprises a recess for accommodating at least a part of the sideward tongue of a further tile, said recess being defined by an upper lip and a lower lip, said lower lip being provided with a upwardly protruding shoulder for supporting and/or facing the bearing region of the sideward tongue, wherein the sideward tongue being designed such that locking takes place by an introduction movement into the recess of the sideward tongue a further tile and a angling down movement about an axis parallel to the first coupling profile, as a result of which a top side of the sideward tongue will engage the upper lip and the bearing region of the sideward tongue will be supported by and/or will be facing the shoulder of the lower lip, leading to locking of adjacent tiles at the first and second edges in both horizontal direction and vertical direction (refer to Fig. 5).
Regarding claim 6:
DeRick discloses wherein:
- the third coupling profile comprises an upward tongue, at least one upward flank lying at a distance from the upward tongue and an upward groove formed between the upward tongue and the upward flank, wherein at least a part of a side of the upward tongue facing the upward flank is inclined toward the upward flank, and wherein at least a part of a side of the upward tongue facing away from the upward flank comprises at least one first locking element, which makes integral part of the upward tongue, and wherein
- the fourth coupling profile comprises a downward tongue, at least one downward flank lying at a distance from the downward tongue, and a downward groove formed between the downward tongue and the downward flank, wherein at least a part of a side of the downward tongue facing the downward flank is inclined toward the downward flank, and wherein the downward flank comprises at least one second locking element, which makes integral part of the downward flank, and adapted for co-action with the at least one first locking element of the third coupling profile of yet a further tile,
- the third and fourth coupling profiles being designed such that locking takes place during angling down of a tile to be coupled at the first coupling profile to the second coupling profile of a further tile, wherein the fourth coupling profile of the tile to be coupled makes a scissoring movement toward a third coupling profile of yet another tile, such that the downward tongue of the fourth coupling profile of the tile to be coupled will be forced into the upward groove of the third coupling profile of said other tile and the upward tongue of said other tile will be forced into the downward groove of the tile the be coupled, by deformation of the third coupling profile and/or the coupling profile edge, leading to locking of adjacent tiles at the third and fourth coupling profiles in both horizontal direction and vertical direction (refer to Fig. 4).
Regarding claims 7 and 8:
Thiers discloses wherein the lengths of the edges are substantially identical (Fig. 10) or wherein they first and second edges may be greater than the length of the third and fourth edges (Fig. 9)
Regarding claims 9 and 10:
Thiers discloses wherein the acute angle is 60 degrees and the obtuse angle is 120 degrees falling within the claimed ranges.
Regarding claim 11:
DeRick discloses wherein top side of the opposing edges may have a bevel (pg. 50).
Regarding claim 12:
DeRick discloses wherein each strip shaped upper substrate comprises:
- a decorative layer and
- an abrasion resistant wear layer covering said decorative layer, wherein a top surface of said wear layer is the top surface of said tile, and wherein the wear layer is a transparent and/or translucent material, such that decorative layer is visible through the transparent wear layer, and wherein each bevel provided at facing longitudinal edges of at least two strip shaped upper substrates is formed by a cut-away portion and/or imprinted portion of said wear layer,
- and, a transparent finishing layer situated in between the decorative layer and the wear layer, and a back layer situated in between the base layer and the decorative layer.
Regarding claim 15:
DeRick discloses wherein the filler is chalk (pg. 50).
Regarding claim 16:
DeRick discloses wherein a side of the downward tongue facing away from the downward flank is provided with a third locking element, and wherein the upward flank is provided with a fourth locking element, said third locking element being adapted to cooperate with a fourth locking element of another tile (refer to Fig. 4 having multiple locking elements on each edge).
Regarding claim 19:
DeRick discloses wherein facing longitudinal edges of at least two strip shaped upper substrates are provided, near the top side, with a bevel.
Regarding claim 20:
DeRick discloses wherein a tile covering comprises mutually coupled tiles of the multipurpose tile system according to claim 1 (refer to Fig. 1 of DeRick).
Regarding claims 14 and 17:
DeRick modified in view of Thiers and Risi discloses wherein each of the plurality of upper substrates comprises a decorative layer, wherein the decorative layers of at least two adjacently arranged upper substrates have different appearances and distinctive visual markings (they are opposite, refer to Figs. 11-13 of Thiers).
Regarding claim 21:
DeRick discloses wherein the foamed composite has a closed cell structure (pg. 40, ll. 26),
a filler (ground fillers, various) ,
a density of the base layer varies along a height of the base layer (two different densities, pg. 40, ll. 23-25),
wherein a crust layer is formed at a top portion of the foamed composite base layer (top layer 57), and
wherein a center portion of the foam composite base layer is enclosed by the crust layer (57).
DeRick does not expressly disclose the range of filler weight percentage. 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 weight percentage 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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over DeRick et al., WO2017/115202 in view of Thiers et al., US 2006/0032168 and Risi et al., US 2013/0014464, further in view of Thiers, US 7,632,561.
Regarding claim 13:
DeRick suggests a decorative top surface but does not expressly disclose embossment.
Thiers ‘561 discloses a floor panel wherein each strip shaped upper substrate comprises a substantially transparent three-dimensional embossing structure (para. 0025) at least partially covering a print layer (16).
Before the effective filing date of the invention, it would have been obvious to provide an embossing structure to the panel of DeRick as suggested by Thiers ‘561 in order to provide a more realistic appearing top layer.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over DeRick et al., WO2017/115202 in view of Thiers et al., US 2006/0032168 and Risi et al., US 2013/0014464, further in view of Pervan et al., US 2009/0145066.
Regarding claim 18:
DeRick suggests a decorative top surface but does not expressly disclose an ink layer directly printed onto a supporting layer
Pervan discloses a floor panel wherein the decorative layer is formed by an ink layer digitally directly printed onto a supporting layer (para. 0059) at least partially covering a print layer (16).
Before the effective filing date of the invention, it would have been obvious to provide an ink printed décor layer to the panel of DeRick as suggested by Pervan in order to provide a more realistic appearing top layer.
Response to Arguments
Applicant's arguments filed 1/26/26 have been fully considered but they are not persuasive.
Regarding applicant’s argument that DeRick does not teach or suggest a tile made of a foamed composite, DeRick specifically states on pg. 29, lines 5-14:
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A composite is made of various parts or elements. The examiner holds the position that DeRick discloses a tile made of foamed composite.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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