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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-9, 11-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7, 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Tychsen (US Pub. 2003/0101681 A1).
Regarding claim 1, Tychsen discloses a set of structural panels comprising a first structural panel, a second structural panel and a mechanical locking system, wherein each of the first and second structural panel: is configured to contribute to the structural integrity of the building (Abstract, lines 1-5: “A device for connecting and locking structural panels, particularly floor panels, having a groove forming an upper lip and a lower lip over the entire length of at least one lateral border and with a tongue formed on the opposite lateral border corresponding to the groove”);
extend in a plane (Fig. 1, the structural panel is planar);
comprise an edge extending in an edge direction (Fig. 1, the structural panel comprises at least one edge);
comprise a load bearing laminate of layers, the load bearing laminate of layers being a laminate of layers configured to bear at least part of a structural load of the building, the load bearing laminate of layers comprising wood (Pg. 3, [0042], lines 7-15: “The structural panels may also consist of a material such as wood, plaster or plastic. The upper surface 16 of the panels 1, 2 are provided with a decorative upper layer 15 which may be formed, e.g., by a paper layer exhibiting a wood grain and coated with a layer of synthetic resin for protection against wear. A soundproofing layer may additionally be glued to the underside 17 in order to improve the acoustic properties of the floor with respect to walking noise. A laminate of this kind has long been known”);
wherein the mechanical locking system comprises:
a first locking member arranged at the edge of the first structural panel and comprising at least two layers of the load bearing laminate of layers of the first structural panel (Fig. 11, panel 1);
a second locking member arranged at the edge of the second structural panel and comprising at least two layers of the load bearing laminate of layers of the second structural panel (Fig. 11, panel 2);
wherein the mechanical locking system is configured to form:
an unlocked disposition, wherein the first and second locking members of the mechanical locking system are in contact, with the plane of the second structural panel being at an angle to the plane of the first structural panel and the second structural panel being rotationally movable in relation to the first structural panel; a locked disposition, wherein the first and second locking members of the mechanical locking system are in contact, with the plane of the second structural panel being aligned to the plane of the first structural panel and the first and second locking members of the mechanical locking system being interlocked to prevent separating movements of the first and second structural panels in at least one direction orthogonal to the aligned planes of the first and second structural panels, and one direction within the aligned planes of the first and second structural panels, wherein the mechanical locking system is configured to connect the first structural panel to the second structural panel by a rotational movement of the second structural panel in relation to the first structural panel, the rotational movement going from the unlocked disposition to the locked disposition (Fig. 11, the panels are capable of being rotatably joined together);
wherein the structural panels are structural panels configured to form a subfloor or bearing wall (Abstract, lines 1-5: “A device for connecting and locking structural panels, particularly floor panels, having a groove forming an upper lip and a lower lip over the entire length of at least one lateral border and with a tongue formed on the opposite lateral border corresponding to the groove”).
Regarding claim 2, Tychsen discloses wherein the mechanical locking system comprises a third locking member configured to, in the locked disposition of the mechanical locking system, resist a shear force, wherein the shear force is a force acting to separate the first and second structural panel in a direction parallel to the edge directions of the edges of the first and second structural panels at which the respective first and second locking members are arranged (Fig. 2, projections 8).
Regarding claim 3, Tychsen discloses wherein the third locking member is configured to be obscured from sight by the first and second structural panels when the mechanical locking system is in the locked disposition (When the two panels are joined, the third locking member would not be visible).
Regarding claim 4, Tychsen discloses wherein the mechanical locking system is configured to form a cavity between the first and second locking member when the mechanical locking system is in the locked disposition and wherein the third locking member is a unit separate from the first and second structural panel and configured to, when placed in the cavity between the first and second locking member, prevent the first and second locking member from moving relative to each other along the direction parallel to the edge directions of the edges of the first and second structural panels at which the respective first and second locking members are arranged (Fig. 1, recess 10).
Regarding claim 7, Tychsen discloses wherein the first locking member comprises an upper lip and a lower lip, being respective protrusions of the load bearing laminate of layers of the first structural panel at the edge of the first structural panel (Fig. 11, panel 1 comprises an upper portion and lower portion), in a direction orthogonal both to the normal of the plane of the first structural panel and to the edge direction of the first structural panel, the lower lip being arranged below the upper lip (Fig. 1, the upper lip of panel 1 is above the lower lip);
a tongue groove, being a recess into the load bearing laminate of layers of the first structural panel at the edge of the first structural panel, the tongue groove being arranged between the upper and lower lip (Fig. 11, panel 1 has a recess in which the opposing tongue is received), wherein the second locking member comprises a tongue (Fig. 11, panel 2 has an elongate member which is inserted into the groove of panel 1), the tongue being a protrusion of the load bearing laminate of layers of the second structural panel at the edge of the second structural panel (See id), in a direction orthogonal both to the normal of the plane of the second structural panel and to the edge direction of the second structural panel, wherein the second locking member is configured to insert at least part of said tongue into said tongue groove by the rotational movement of the second structural panel in relation to the first structural panel (The panels are affixed together by rotating the tongue into the groove).
Regarding claim 11, Tychsen discloses wherein the tongue of the second locking member comprises:
an upper locking surface configured to, when in contact with the upper lip of the first locking member, prevent separating movements of the first and second structural panels in at least one direction orthogonal to the aligned planes of the first and second structural panels (Fig. 11, panel 2 has an upper portion that contacts the upper portion of panel 1);
and a lower locking surface configured to, when in contact with the lower lip of the first locking member, prevent separating movements of the first and second structural panels in at least one direction orthogonal to the aligned planes of the first and second structural panels (Fig. 11, panel 2 has a lower portion that contacts a lower portion of panel 1), wherein the upper and lower locking surfaces are, at least partially, offset with respect to each other in a direction within the aligned planes of the first and second structural panels (Fig. 11, the upper and lower portions are spaced apart vertically on the panel).
Regarding claim 12, Tychsen discloses wherein the first locking member comprises a locking element (Fig. 11, tongue 20’) and the second locking member comprises a locking groove (Fig. 11, open space 31);
wherein the locking element of the first locking member and the locking groove of the second locking member each comprises a locking surface, wherein the locking surfaces of the of the first locking member and of the second locking member are surfaces configured to, when in contact with each other, prevent a separating movement of the first and second structural panels in a direction within the aligned planes of the first and second structural panels and orthogonal to the edge directions of the edges of the first and second structural panels at which the respective first and second locking members are arranged (Fig. 11, the tongue and open space mate and will resist separation when a force is applied in certain directions);
wherein the first locking member and the second locking member each comprises a contact axis, the contact axis being an axis along which the first and second locking members are in contact during the rotational movement and around which the rotational movement takes place; wherein the first locking member has a minimum rotational radius, being a smallest distance between the contact axis of the first locking member and the locking surface of the locking element of the first locking member, measured in a direction orthogonal to the contact axis of the first locking member; wherein the second locking member has a maximum rotational radius, being a largest distance between the contact axis of the second locking member and the locking surface of the locking groove of the second locking member, measured in a direction orthogonal to the contact axis of the second locking member (Fig. 11, each locking element is configured to rotate into place with respect to each other);
wherein the first and second locking members are configured such that:
in the locked disposition, parts of said locking surface of the second locking member which have the maximum rotational radius of the second locking member are closer to a lower side of the interlocked structural panels than parts of said locking surface of the first locking member which have the minimum rotational radius of the first locking member, the lower side of the interlocked structural panels being a side comprising the lower lip; and the minimum rotational radius of the first locking member is equal to or larger than the maximum rotational radius of the second locking member, whereby a rotational play, being a play between the first and second locking members during the rotational movement is equal to or larger than 0 mm (Fig. 11, if rotated about the top point of the intersection of panels 1 and 2, the first panel will have an overall larger radius with respect to the contact axis than the second portion as the first locking member is further from the second locking member).
Regarding claim 13, Tychsen discloses wherein the first and second locking members are configured such that a difference between the minimum rotational radius of the first locking member and the maximum rotational radius of the second locking member is between 0 and 5 mm (Fig. 11, the two locking portions are in contact indicating a difference of about 0 mm).
Claim Rejections - 35 USC § 103
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 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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tychsen (US Pub. 2003/0101681 A1) in view of Chen (US Pub. 2011/0131916 A1).
Regarding claim 5, Tychsen discloses the claimed invention except for as taught by Chen, similarly drawn to a set of mutually lockable panels, wherein the third locking member is a truss connector plate, being a metal plate with protruding metal teeth, wherein the truss connector plate is configured to, when the metal plate is placed on one of the first or second locking members, insert the protruding metal teeth into the other of the first or second locking member by the rotational movement of the second structural panel in relation to the first structural panel (Fig. 13-14, spline connector 146. Pg. 7, [0073]: “FIG. 13 shows a connection system according to other teachings of the present invention in which a co-extruded spline connector is used to connect grooved edges of adjacent planks. In these various optional embodiments of the present invention, and with reference again to FIG. 1, either the first pair of edges 20 and 22 and/or the second pair of edges, 24 and 26, of the floor plank 12, can comprise a pair of grooved edges 144 which can be mechanically interconnected with a spline connector 146”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the set of structural panels of Tychsen to include the truss connector plate of Chen to better affix two adjoining panels.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tychsen (US Pub. 2003/0101681 A1) in view of Reichwein (US Pub. 2005/0123728 A1).
Regarding claim 9, Tychsen discloses the claimed invention except for as taught by Reichwein, similarly drawn to a plywood laminate, wherein at least one lip of the first locking member comprises at least two parallel solid wood members, within the same layer of the load bearing laminate of layers of the first structural panel, each solid wood member having a wood fiber direction parallel to the edge at which the first locking member is arranged (Fig. 1, plywood laminate substrate 3 comprises a plurality of wood plies 4, 5 which both occupy space on the lip).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the set of structural panels of Tychsen to include the lip comprising multiple layers as taught by Reichwein for improved ease of manufacturing the distinct layers of each floor panel.
Claim(s) 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tychsen (US Pub. 2003/0101681 A1) in view of Espinosa (US Pub. 2020/0299962 A1).
Regarding claim 28, Tychsen discloses the claimed invention except for as taught by Espinosa, similarly drawn to a cross-laminated timber panel, wherein the structural panels are cross-laminated timber (CLT) structural panels (Pg. 1, [0002]: “The present invention is generally directed to cross-laminated timber (CLT) panels for use in walls and floors of a building subject to compression and tension loading”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the set of structural panels of Tychsen to include the CLT of Espinosa at is known for its structural integrity.
Regarding claim 29, Tychsen discloses the claimed invention except for as taught by Espinosa, similarly drawn to a cross-laminated timber panel, wherein the load bearing laminate of layers comprises laminated veneer lumber (LVL) (Pg. 3, [0039]: “Referring to FIG. 9, the insert member 12 may be made of engineered lumber 42 with different material properties, such as having greater compressive strength, than the lumber board it is replacing. Engineered lumber, also called structural composite lumber (SCL) is well-known in the art. SCL includes laminated veneer lumber (LVL), parallel strand lumber (PSL), laminated strand lumber (LSL) and oriented strand lumber (OSL). The engineered lumber 42 out-performs conventional lumber when either face- or edge-loaded”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the set of structural panels of Tychsen to include the LVL of Espinosa at is known for its structural integrity.
Regarding claim 30, Tychsen discloses a set of structural panels comprising a first structural panel, a second structural panel and a mechanical locking system, wherein each of the first and second structural panel: is configured to contribute to the structural integrity of the building (Abstract, lines 1-5: “A device for connecting and locking structural panels, particularly floor panels, having a groove forming an upper lip and a lower lip over the entire length of at least one lateral border and with a tongue formed on the opposite lateral border corresponding to the groove”);
extend in a plane (Fig. 1, the structural panel is planar);
comprise an edge extending in an edge direction (Fig. 1, the structural panel comprises at least one edge);
comprise a load bearing laminate of layers, the load bearing laminate of layers being a laminate of layers configured to bear at least part of a structural load of the building, the load bearing laminate of layers comprising wood (Pg. 3, [0042], lines 7-15: “The structural panels may also consist of a material such as wood, plaster or plastic. The upper surface 16 of the panels 1, 2 are provided with a decorative upper layer 15 which may be formed, e.g., by a paper layer exhibiting a wood grain and coated with a layer of synthetic resin for protection against wear. A soundproofing layer may additionally be glued to the underside 17 in order to improve the acoustic properties of the floor with respect to walking noise. A laminate of this kind has long been known”);
wherein the mechanical locking system comprises:
a first locking member arranged at the edge of the first structural panel and comprising at least two layers of the load bearing laminate of layers of the first structural panel (Fig. 11, panel 1);
a second locking member arranged at the edge of the second structural panel and comprising at least two layers of the load bearing laminate of layers of the second structural panel (Fig. 11, panel 2);
wherein the mechanical locking system is configured to form:
an unlocked disposition, wherein the first and second locking members of the mechanical locking system are in contact, with the plane of the second structural panel being at an angle to the plane of the first structural panel and the second structural panel being rotationally movable in relation to the first structural panel; a locked disposition, wherein the first and second locking members of the mechanical locking system are in contact, with the plane of the second structural panel being aligned to the plane of the first structural panel and the first and second locking members of the mechanical locking system being interlocked to prevent separating movements of the first and second structural panels in at least one direction orthogonal to the aligned planes of the first and second structural panels, and one direction within the aligned planes of the first and second structural panels, wherein the mechanical locking system is configured to connect the first structural panel to the second structural panel by a rotational movement of the second structural panel in relation to the first structural panel, the rotational movement going from the unlocked disposition to the locked disposition (Fig. 11, the panels are capable of being rotatably joined together).
However, Tychsen fails to disclose as taught by Espinosa, similarly drawn to a cross-laminated timber panel, wherein at least one of the structural panels are cross-laminated timber (CLT) structural panels, or the load bearing laminate of layers comprises laminated veneer lumber (LVL) ((Pg. 1, [0002]: “The present invention is generally directed to cross-laminated timber (CLT) panels for use in walls and floors of a building subject to compression and tension loading”. Pg. 3, [0039]: “Referring to FIG. 9, the insert member 12 may be made of engineered lumber 42 with different material properties, such as having greater compressive strength, than the lumber board it is replacing. Engineered lumber, also called structural composite lumber (SCL) is well-known in the art. SCL includes laminated veneer lumber (LVL), parallel strand lumber (PSL), laminated strand lumber (LSL) and oriented strand lumber (OSL). The engineered lumber 42 out-performs conventional lumber when either face- or edge-loaded”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the set of structural panels of Tychsen to include the LVL of Espinosa at is known for its structural integrity.
Allowable Subject Matter
Claim(s) 6, 8, 10 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights