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 .
Status of Claims
Claims 54-73 presented via Preliminary Amendment are pending and subject to examination in this Office action. Claims 1-53 were canceled in the noted amendment.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/14/2024 is in compliance with the provisions of 37 CFR 1.97. The information disclosure statement has been considered by the Examiner.
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.
Claims 54-73 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding independent claim 54 (2nd limitation), the terms “the bottom major surface” and “the corresponding profile” lack proper antecedent basis.
Regarding claim 54 (3rd limitation), the word “their” is recited. To what previously recited structure is this word referring?
Regarding claim 55, the word “its” is recited. To what previously recited structure is this word referring?
Regarding claim 55, the phrase “over less than 90” is recited. This phrase appears to be incomplete. Clarification is therefore requested.
Regarding claim 56, the terms “the area” and “the corresponding floor panel” lack proper antecedent basis.
Regarding claim 57, the terms “the vertical direction” and “the thickness” lack proper antecedent basis.
Regarding claim 58, the word “their” is recited. To what previously recited structure is this word referring?
Regarding claim 58, the term “the width direction” lacks proper antecedent basis.
Regarding claim 59, the words “its” and “it” are recited. To what previously recited structure are these words referring?
Regarding claim 60, the phrase “can be” is recited. Is this phrase intended to define a required or optional condition?
Regarding claim 60, the term “the corresponding floor panel” lacks proper antecedent basis.
Regarding claim 61, the phrase “and/or” is recited, which renders the claim indefinite. In this regard, the Examiner suggests utilizing the Office’s preferred verbiage of “at least one of A or B” in lieu of “and/or”.
Regarding claim 63, the phrase “and/or” is recited, which renders the claim indefinite. In this regard, the Examiner suggests utilizing the Office’s preferred verbiage of “at least one of A or B” in lieu of “and/or”.
Regarding claim 63, the term “the positioning” lacks proper antecedent basis.
Regarding claim 65, the phrase “and/or” is recited, which renders the claim indefinite. In this regard, the Examiner suggests utilizing the Office’s preferred verbiage of “at least one of A or B” in lieu of “and/or”.
Regarding claim 66, the phrase “at least R10” is recited. This phrase renders the claim indefinite because the recitation “at least” implies R10 or more, and no upper limit is set forth. Accordingly, clarification is requested.
Regarding claim 69, the term “the entire [top major surface]” lacks proper antecedent basis. In this regard, the Examiner suggests reciting --…an entirety of the top major surface--.
Regarding claim 73, the term “the width direction” lacks proper antecedent basis.
Accordingly, the pending claims will be interpreted as best understood.
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 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.
Claims 54-73 are rejected under 35 U.S.C. 102(a)(1) as anticipated by WO 2014/006524 A2 (cited by Applicant).
Regarding independent claim 54, WO '524 describes a set of parts (Figs. 1, 2B and 14) comprising:
a plurality of floor panels (12, 14) and a plurality of profiles (16, 132);
wherein the floor panels are provided for being installed over an underlying surface (30),
wherein in installed condition the bottom major surface of each of the floor panels is elevated from the underlying surface by means of the corresponding profile (Figs. 1, 2B and 14);
wherein said floor panels at least at their top major surface comprise a décor formed by a print, a wood veneer or a stone veneer (¶ [0071]).
Regarding claim 55, wherein in installed condition said profile touches the bottom major surface of its corresponding floor panel over less than 90 of the bottom major surface area (see e.g., Figs. 1, 2B and 14).
Regarding claim 56, wherein the profiles are configured such that in installed condition said profiles allow for air to freely circulate along at least 10% of the area of the bottom major surface of the corresponding floor panel (see e.g., Figs. 1, 2B and 14).
Regarding claim 57, wherein the profiles are configured such that in installed condition said profiles extend in the vertical direction over a distance that is equal to the thickness of said floor panels or larger (see e.g., Figs. 1, 2B and 14).
Regarding claim 58, wherein said floor panels are rectangular with a first and a second longitudinal edge opposite to one another, and that the profiles are configured such that in installed condition the profiles extend at least beyond a first longitudinal edge of their corresponding floor panel in the width direction of the floor panel (see e.g., Figs. 1, 2B and 14).
Regarding claim 59, wherein the profiles are configured such that in installed condition said profiles do not extend beyond said second longitudinal edge, or extend beyond said second longitudinal edge of its corresponding floor panel to a lesser extent than it does beyond said first longitudinal edge (see e.g., Figs. 1, 2B and 14).
Regarding claim 60, wherein the profiles are configured such that in installed condition said profiles can be connected to said underlying surface at least at a first portion thereof that extends beyond said first longitudinal edge of the corresponding floor panel (see e.g., Figs. 1, 2B and 14).
Regarding claim 61, wherein said profiles comprise a second portion configured for being engaged during installation with a first longitudinal edge of a first floor panel and/or with a second longitudinal edge of a second floor panel (see e.g., Figs. 1, 2B and 14).
Regarding claim 62, wherein said second portion is positioned on the part of the profile that in installed condition extends beyond said first longitudinal edge of the corresponding floor panel (see e.g., Figs. 1, 2B and 14).
Regarding claim 63, wherein said engaging the second portion during installation with a first longitudinal edge of a first floor panel and/or with a second longitudinal edge of a second floor panel comprises the positioning of said second portion at least in part in a groove provided in the respective longitudinal edge of the corresponding floor panel (see e.g., Figs. 1, 2B and 14).
Regarding claim 64, wherein said floor panels at said top major surface comprise a polyurethane or acrylic coating applied above said décor (see e.g., Figs. 1, 2B and 14).
Regarding claim 65, wherein said coating is thermally cured, UV cured, excimer cured and/or Electron Beam cured (see e.g., Figs. 1, 2B and 14).
Regarding claim 66, wherein said floor panels at said top major surface have a slip resistance of at least R10, as measured and defined by DIN 51130: 2004 (see e.g., Figs. 1, 2B and 14).
Regarding claim 67, wherein said floor panels at said top major surface have a texture (see e.g., Figs. 1, 2B and 14).
Regarding claim 68, wherein said texture has a pattern (see e.g., Figs. 1, 2B and 14).
Regarding claim 69, wherein said texture has a uniform appearance over substantially the entire top major surface (see e.g., Figs. 1, 2B and 14).
Regarding claim 70, wherein said texture is at least formed by means of embossments provided in said top major surface (see e.g., Figs. 1, 2B and 14).
Regarding claim 71, wherein said texture is at least formed by means of an additive available in a coating applied above said décor (see e.g., Figs. 1, 2B and 14).
Regarding claim 72, wherein said top major surface is domed (see e.g., Figs. 1, 2B and 14).
Regarding claim 73, wherein said floor panels are rectangular and that said top major surface in the width direction is domed more than 0.2% as measured in accordance with EN 13329 Annex A.4.7 (see e.g., Figs. 1, 2B and 14).
Claims 54-73 are rejected under 35 U.S.C. 102(a)(1) as anticipated by McManus (U.S. Patent Application Publication No. 2015/0113903).
Regarding independent claim 54, McManus describes a set of parts comprising:
a plurality of floor panels (i.e., tiles 20) and a plurality of profiles (i.e., support structures 30);
wherein the floor panels are provided for being installed over an underlying surface (14; ¶ [0030]),
wherein in installed condition the bottom major surface of each of the floor panels is elevated from the underlying surface by means of the corresponding profile (see e.g., Figs. 12A-12C);
wherein said floor panels at least at their top major surface comprise a décor formed by a print, a wood veneer or a stone veneer (¶ [0043]).
Regarding claim 55, wherein in installed condition said profile touches the bottom major surface of its corresponding floor panel over less than 90 of the bottom major surface area (see e.g., Figs. 12A-12C).
Regarding claim 56, wherein the profiles are configured such that in installed condition said profiles allow for air to freely circulate along at least 10% of the area of the bottom major surface of the corresponding floor panel (see e.g., Figs. 12A-12C).
Regarding claim 57, wherein the profiles are configured such that in installed condition said profiles extend in the vertical direction over a distance that is equal to the thickness of said floor panels or larger (see e.g., Figs. 12A-12C).
Regarding claim 58, wherein said floor panels are rectangular with a first and a second longitudinal edge opposite to one another, and that the profiles are configured such that in installed condition the profiles extend at least beyond a first longitudinal edge of their corresponding floor panel in the width direction of the floor panel (see e.g., Figs. 12A-12C).
Regarding claim 59, wherein the profiles are configured such that in installed condition said profiles do not extend beyond said second longitudinal edge, or extend beyond said second longitudinal edge of its corresponding floor panel to a lesser extent than it does beyond said first longitudinal edge (see e.g., Figs. 12A-12C).
Regarding claim 60, wherein the profiles are configured such that in installed condition said profiles can be connected to said underlying surface at least at a first portion thereof that extends beyond said first longitudinal edge of the corresponding floor panel (see e.g., Figs. 12A-12C).
Regarding claim 61, wherein said profiles comprise a second portion configured for being engaged during installation with a first longitudinal edge of a first floor panel and/or with a second longitudinal edge of a second floor panel (see e.g., Figs. 12A-12C).
Regarding claim 62, wherein said second portion is positioned on the part of the profile that in installed condition extends beyond said first longitudinal edge of the corresponding floor panel (see e.g., Figs. 12A-12C).
Regarding claim 63, wherein said engaging the second portion during installation with a first longitudinal edge of a first floor panel and/or with a second longitudinal edge of a second floor panel comprises the positioning of said second portion at least in part in a groove provided in the respective longitudinal edge of the corresponding floor panel (see e.g., Figs. 12A-12C).
Regarding claim 64, wherein said floor panels at said top major surface comprise a polyurethane or acrylic coating applied above said décor (see e.g., Figs. 12A-12C).
Regarding claim 65, wherein said coating is thermally cured, UV cured, excimer cured and/or Electron Beam cured (see e.g., Figs. 12A-12C).
Regarding claim 66, wherein said floor panels at said top major surface have a slip resistance of at least R10, as measured and defined by DIN 51130: 2004 (see e.g., Figs. 12A-12C).
Regarding claim 67, wherein said floor panels at said top major surface have a texture (see e.g., Figs. 12A-12C).
Regarding claim 68, wherein said texture has a pattern (see e.g., Figs. 12A-12C).
Regarding claim 69, wherein said texture has a uniform appearance over substantially the entire top major surface (see e.g., Figs. 12A-12C).
Regarding claim 70, wherein said texture is at least formed by means of embossments provided in said top major surface (see e.g., Figs. 12A-12C).
Regarding claim 71, wherein said texture is at least formed by means of an additive available in a coating applied above said décor (see e.g., Figs. 12A-12C).
Regarding claim 72, wherein said top major surface is domed (see e.g., Figs. 12A-12C).
Regarding claim 73, wherein said floor panels are rectangular and that said top major surface in the width direction is domed more than 0.2% as measured in accordance with EN 13329 Annex A.4.7 (see e.g., Figs. 12A-12C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635