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 .
This non-final Office action is in response to Applicant’s patent application number 18/656,735 filed on 5/7/2024.
Currently, claims 1-19 are pending and examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/7/2024 is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: means of a rotating movement, means of a downward motion, means of a turning movement, means of a downward movement, in claims 5, 6, 7, 8, 14, 15, 16, 17, respectively.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-19 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.
Re claim 1, lines 4, 11, 19; a phrase “which” renders the claim indefinite and confusing because it’s unclear whether “which” referring to which structure? Clarification is required. Claims 2-10 and 19 depending upon the rejected claim 1 are also rejected. Claims 2, 7, 8, 9, 11, 16, 17, 18; having the same issues as mentioned are also rejected. Since claims 12-18 are dependent upon the rejected independent claim 11 are also rejected.
Re claim 2, line 1; a citation “this set of panels” renders the claim indefinite and confusing because it’s unclear whether “this set of panels” referring to “a set of panels” cited in claim 1? Clarification is required.
Re claim 7, line 8; a phrase “these” renders the claim indefinite and confusing because it’s unclear whether “these” referring to which edges? Clarification is required.
Re claim 7, line 11; a citation “the plane” does not have a proper antecedent basis. Correction is required.
Re claim 7, line 12; a citation “the respective edges” does not have a proper antecedent basis. Correction is required.
Re claim 7, line 16; a citation “the material” does not have a proper antecedent basis. Correction is required.
Re claim 7, line 16; a citation “itself” renders the claim indefinite and confusing because it’s unclear whether “itself” referring to which structure? Clarification is required.
Re claim 7, line 22; a citation “the form” does not have a proper antecedent basis. Correction is required.
Re claim 7, line 25; a citation “their” renders the claim indefinite and confusing because it’s unclear whether “their” referring to which structure? Clarification is required. Claim 16, line 27; having the same issues as mentioned is also rejected.
Re claim 7, line 25; a citation “the one floor panel” does not have a proper antecedent basis. Correction is required.
Re claim 7, line 26; a citation “the other” does not have a proper antecedent basis. Correction is required. Claim 16, line 28; having the same issues as mentioned is also rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
As best understood, claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 7,721,503 to Pervan et al. (‘Pervan’).
Re claims 1, 2, 11: Pervan discloses in Figs. 9a-9d; 12a and 12b; a set of panels A/B, comprising: a first type of panels being elongate and rectangular panels (Fig. 9a, 9b) comprising a pair of long edges and a pair of short edges; wherein both the long and the short edges are provided with mechanical coupling parts (col. 7, lines 5-30) which allow the panels A/B from the set to be coupled together (Figs. 1a,1b,10a,10b); wherein a first long edge is provided with a male coupling part 10 and a second long edge is provided with a female coupling part 20; wherein a first short edge (see Figs. 9a 9b) is provided with a male coupling part 15 and a second short edge is provided with a female coupling part 20 (Fig. 7d);
and comprising one or both of
a second type of panels A/B (Figs.9c, 9d) being square panels A/B comprising a first pair of opposite edges and a second pair of opposite edges; wherein said edges are provided with mechanical coupling parts (col. 7, lines 5-30) which allow the panels A/B from the set to be coupled together (see Figs. 8a or 12b); wherein a first edge of the first pair of opposite edges is provided with a male coupling part 10 and a second edge of the first pair of opposite edges is provided with a female coupling part 15 (Fig. 10c); wherein a first edge of the second pair of opposite edges is provided with a male coupling part 10 and a second edge of the second pair of opposite edges is provided with a female coupling part 20; wherein the dimensions of the first pair and the second pair of opposite edges match the dimensions of the short edges of said first type of panels (Fig. 9c or 9d); wherein this set of panels comprises a fourth type of panels being elongate and rectangular panels A or B (Fig. 8c) comprising a pair of long edges and a pair of short edges; wherein both the long and the short edges are provided with mechanical coupling parts which allow the panels from the set to be coupled together(col. 7, lines 5-30); wherein a first long edge is provided with a male coupling part 10 and a second long edge is provided with a female coupling part 20; wherein a first short edge is provided with a male coupling part 15 and a second short edge is provided with a female coupling part 20; and wherein the first and the fourth type of panels have the same dimensions and wherein the coupling parts on the long edges of the first and the fourth type of panels are provided in mirror image (see Figs. 8a, 8c, 9a, 9b).
Note, a citation “a third type of panels…” follows after an optional phrase “or” (see above) is not being considered.
Re claims 3, 12: wherein the panels A/B of the first type of panels (i.e. rectangular panels) are provided to extend according to a first length direction and the panels of the fourth type of panels (i.e. rectangular panels) are provided to extend according to a second length direction, wherein the second length direction is perpendicular to the first length direction (see Figs. 8a, 8c, 9a, 9b).
Re claims 4, 13: wherein a said male coupling part 10/15 of one said panel A/B can be coupled to each female coupling part 20 of another said panel A/B and wherein a said female coupling part of one said panel can also be coupled to each male coupling part of another said panel A/B.
Re claims 5, 14: wherein the mechanical coupling parts allow the panels A/B from the set to be coupled together by means of a rotating movement (Fig. 6) and/or a horizontal shifting movement (col. 4, lines 27-30).
Re claims 6, 15: wherein the mechanical coupling parts allow the panels A/B from the set to be coupled together by means of a downward motion (Fig. 6).
Re claims 7, 16: wherein, for at least the first and/or the fourth type of panels A/B (Figs. 9a/9b), the coupling parts of the long edges show the following characteristics: the coupling parts comprise a horizontally active locking system, which, in a coupled condition of two of such floor panels, effects a locking in the plane of the floor panels A/B and perpendicular to the respective edges (col. 5, lines 6-10); the coupling parts also comprise a vertically active locking system (col. 4, line 9-10), which, in a coupled condition of two of such floor panels A/B, effects a locking transverse to the plane of the floor panels A/B; the coupling parts are configured such that two of such panels A/B can be coupled to each other at these edges by means of a turning movement (Figs. 2-4); wherein the coupling parts of the short edges show the following characteristics: the coupling parts comprise a horizontally active locking system, which, in a coupled condition of two of such floor panels A/B, effects a locking in the plane of the floor panels A/B and perpendicular to the respective edges (col. 5, lines 6-10); the coupling parts also comprise a vertically active locking system (col. 4, lines 9-10), which, in a coupled condition of two of such floor panels A/B, effects a locking transverse to the plane of the floor panels A/B; the coupling parts substantially are realized from the material of the floor panel itself or the coupling parts comprise an additional insert 15; the coupling parts comprise at least an upward-directed lower hook-shaped part 8 which is situated on one of said two short edges, as well as a downward-directed upper hook-shaped part (i.e. wherein 14 points to), which is situated on the other of said two short edges, wherein the lower hook-shaped part consists of a lip with an upward-directed locking element (wherein 14 points to), which proximally thereof defines a female part in the form of a recess 14, whereas the upper hook-shaped part (wherein 14 points to) consists of a lip with a downward-directed locking element forming a male part (i.e. between 8/14); the coupling parts are configured such that two of such floor panels A/B can be coupled to each other at their respective edges by means of a downward movement of the one floor panel in respect to the other (Figs. 1-2).
Re claims 8, 17: wherein for at least the first and the fourth type of panels A/B, the male coupling part on the long edge can be fitted into the female coupling part on the long edge of another panel of the set by means of a rotating movement (Fig. 6); wherein the male coupling part on the long edge can also be fitted into the female coupling part on the short edge of another panel from the set by means of a rotating movement (Figs. 6, 8d); and wherein the male coupling part on the short edge can be fitted into the female coupling part on the long edge in one and the same rotating movement which is used to fit the male coupling part on the long edge into the female coupling part on the long or short edge (Figs. 8c, 8d).
Re claims 9, 18: wherein the coupling parts comprise interlocking parts which, in a mutually coupled position of panels A/B, bring about an interlocking in a horizontal direction and an interlocking in a vertical direction (col. 2, lines26-30).
Re claim 10: wherein the set of panels comprise the first (i.e. rectangular panels), the second (i.e. squared panels), the third (i.e. squared panels) and the fourth type of panels (i.e. rectangular panels).
Re claim 19: Pervan discloses a method for installing a set of panels A/B, wherein a set of panels A/B according to claim 1 is used (see above rejections of the claim 1), and in that a pattern is produced (Figs. 8a-8e).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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