DETAILED ACTION
The Amendment filed on 03/04/2026 has been entered. Claim(s) 1, 6, 7, 9, 11, and 16-19 have been amended and claim(s) 8 has been cancelled. Therefore, claims 1-7 and 9-20 are now pending in the application.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 10-18, and 20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohlsson (EP 1,361,320).
Regarding claim 1, Ohlsson teaches a panel (abstract) having a first longitudinal edge (see annotated figure 2 below) and a second longitudinal edge (annotated figure 2) parallel to the first longitudinal edge (annotated figure 2), the panel comprising: a groove (18) formed along said first longitudinal edge (annotated figure 2), said groove having two sides (top and bottom of 18) and a floor transverse thereto (annotated figure 2); a tongue (28) formed along said second longitudinal edge (annotated figure 2), said tongue having an upper side wall (annotated figure 2) and a lower side wall (annotated figure 2) and a head (annotated figure 2) extending outward from said second longitudinal edge to a distal end (annotated figure 2), thereby forming a juncture between the upper and lower side walls of the tongue and the second longitudinal edge (annotated figure 2); and a shoulder (annotated figure 2) located at the juncture of said lower side wall and the second longitudinal edge (annotated figure 2), wherein an upper portion of the second longitudinal edge and an outer surface of the shoulder lie in a second plane (annotated figure 2) that is parallel to a first plane (annotated figure 2) that includes the first longitudinal edge (annotated figure 2), and a lower portion of the second longitudinal edge lies in a third plane (annotated figure 2) that is parallel to and spaced inwardly of the second plane relative to the distal end of the tongue (annotated figure 2), wherein a width of the tongue between the upper portion of the second longitudinal edge and the distal end of the tongue is less than a width of the groove as defined between the first plane and the floor of the groove (annotated figure 2), wherein the panel is configured to define a first aperture (annotated figure 2) between the distal end of the tongue and the floor of the groove (annotated figure 2) and a second aperture (annotated figure 2) separate from the first aperture (annotated figure 2) between the third plane including the lower portion of the second longitudinal edge and the first plane including the lower portion of the first longitudinal edge (annotated figure 2).
Regarding claim 2, Ohlsson teaches the shoulder is compressible (wood; paragraph 16; it is understood that the wood is a compressible material).
Regarding claim 3, Ohlsson teaches the tongue continues uninterrupted along an entire length of the second longitudinal edge (annotated figure 2).
Regarding claim 4, Ohlsson teaches the panel is a composite wood panel (paragraph 16).
Regarding claim 5, Ohlsson teaches the groove is a first groove and the tongue is a first tongue, and the panel comprises a second groove defined along a first lateral edge of the panel and a second tongue extending from and along a second lateral edge of the panel (paragraph 12).
Regarding claim 6, Ohlsson teaches the first aperture is not in communication with the second aperture (annotated figure 2).
Regarding claim 7, Ohlsson teaches the first aperture is further defined (i) between the upper side wall of the groove and the upper side wall of the tongue and (ii) between the lower side wall of the groove and the lower side wall of the tongue (as illustrated, a portion of the aperture is between the upper side wall of the groove and the upper side wall of the tongue and between the lower side wall of the groove and the lower side wall of the tongue; annotated figure 2).
Regarding claim 10, Ohlsson teaches the tongue is complementary to the groove (annotated figure 2).
Regarding claim 11, Ohlsson teaches a panel system (abstract) comprising: a first panel (10’) having a groove (18) formed along a first longitudinal edge (annotated figure 2), said groove having two sides (top and bottom of 18) and a floor transverse thereto (annotated figure 2); and a second panel (10) having (i) a tongue (28) formed along a second longitudinal edge (annotated figure 2), said tongue having two side walls (annotated figure 2) and a head (annotated figure 2) extending outward from said second longitudinal edge to a distal end (annotated figure 2), thereby forming a juncture between the two side walls of the tongue and the second longitudinal edge (annotated figure 2), and (ii) a shoulder (annotated figure 2) located at the juncture between a side wall of the tongue and a lower portion of the second longitudinal edge (annotated figure 2), wherein upon engaging the first and second panels to form a tongue and groove joint, an upper portion of the second longitudinal edge and an outer surface of the shoulder lie in a second plane (annotated figure 2) that is parallel to a first plane (annotated figure 2) that includes the first longitudinal edge (annotated figure 2), and the lower portion of the second longitudinal edge lies in a third plane (annotated figure 2) that is parallel to and spaced inwardly of the second plane relative to the distal end of the tongue (annotated figure 2), and wherein a width of the tongue between the upper portion of the second longitudinal edge and the distal end of the tongue is less than a width of the groove as defined between the first plane and the floor of the groove (annotated figure 2), wherein a first aperture (annotated figure 2) is defined between the distal end of the tongue of the second panel and the floor of the groove of the first panel (annotated figure 2), and a second aperture (annotated figure 2) is defined separate from the first aperture between the third plane (annotated figure 2) including the lower portion of the second longitudinal edge of the second panel (annotated figure 2) and the first plane (annotated figure 2) including the lower portion of the first longitudinal edge of the first panel (annotated figure 2).
Regarding claim 12, Ohlsson teaches the shoulder is compressible (wood; paragraph 16; it is understood that the wood is a compressible material).
Regarding claim 13, Ohlsson teaches the tongue continues uninterrupted along an entire length of the second longitudinal edge (annotated figure 2).
Regarding claim 14, Ohlsson teaches the first panel is a composite wood panel (paragraph 16).
Regarding claim 15, Ohlsson teaches the groove is a first groove and the tongue is a first tongue, and the first panel comprises a second groove defined along a first lateral edge of the first panel and a second tongue extending from and along a second lateral edge of the first panel (paragraph 12).
Regarding claim 16, Ohlsson teaches the first aperture is not in communication with the second aperture (annotated figure 2).
Regarding claim 17, Ohlsson teaches the first aperture is further defined (i) between the upper side wall of the groove and the upper side wall of the tongue and (ii) between the lower side wall of the groove and the lower side wall of the tongue (as illustrated, a portion of the aperture is between the upper side wall of the groove and the upper side wall of the tongue and between the lower side wall of the groove and the lower side wall of the tongue; annotated figure 2).
Regarding claim 18, Ohlsson teaches an upper portion of the first longitudinal edge of the first panel and the upper portion of the second longitudinal edge of the second panel abut each other to form a continuous upper surface of the panel system (annotated figure 2).
Regarding claim 20, Ohlsson teaches the tongue is complementary to the groove (annotated figure 2).
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 of this title, 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) 9 and 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohlsson (EP 1,361,320).
Regarding claims 9 and 19, Ohlsson does not specifically disclose the width of the second aperture is between 1/32 and 1/4 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to contrive any number of desirable ranges wherein the width of the second aperture is between 1/32 and 1/4 inches, 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 by discovering an optimum value of a result, the 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. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to contrive any number of desirable ranges wherein the width of the second aperture is between 1/32 and 1/4 inches, in order to provide the optimal free space for micro adjustments between adjacently connected boards to accommodate for expansion and installation tolerances.
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Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection.
New reference Ohlsson (EP 1,361,320) has been added to overcome the newly added limitations. Applicant’s amendment regarding “a second aperture separate from the first aperture” overcomes the previous rejection and the argument that Maxwell does not specifically disclose this feature is persuasive. Therefore, the Maxwell rejection has been withdrawn. The new limitation is overcome in view of new reference Ohlsson.
Applicant's arguments and amendments have been considered but are not persuasive. Applicant’s argument that the
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633