DETAILED ACTION
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 1-43, 45-47, 53 are cancelled.
Claims 44, 48-52, 54-63 are pending.
Claims 51 and 60 are withdrawn.
Claims 44, 48-50, 52, 54-59, 61-63 are addressed on the merits herein
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 1/21/26 is acknowledged.
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 44, 48-52, 24-63 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.
At the outset, due to the voluminous nature of the rejections under 35 USC 112, regardless of interpretation below, if/upon amendment, any recitations to previously introduced features must be referred to with language such as, “the” or “said,” to make clear Applicant is intending to refer to the same feature. In other words, if/upon amendment, it is possible that only one instance need to be amended to “a” or “an” so long as subsequent recitations conform to the above. Consistent language should be used throughout.
Re claim 44, claim 44 recites, “these coupling parts” on page 3, line 5 and on page 3, line 14. It is unclear if “these coupling parts” refers to one or, multiple of, or all of the coupling parts. For the purposes of this examation, this language will be interpreted as, “the coupling parts.”
In addition, claim 44 recites, “the panel” on page 3, line 2, “the plane” on page 3, line 8, “the panels” on page 3, line 8, “the respective edges” on page 3, line 9, “the plane” on page 3, line 11, “the panels” on page 3, line 11, “the coupling parts of the second pair” on page 3, line 12, “the panel itself” on page 3, line 12, “the coupling parts” on page 3, line 16, “the plane” on page 3, line 17, “the panels” on page 3, line 17 and “the respective edges” on page 3, line 18. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “the decorative panel,” “a plane,” “two of such panels,” “respective edges,” “a plane,” “two of such panels,” “coupling parts of the second pair,” “the decorative panel,” “a plane,” “two of such panels,” and “respective edges” and will be interpreted as such.
In addition, claim 44 recites, “mainly made from” on page 3, line 12. The term “mainly made from” is a relative term which renders the claim indefinite. The term “mainly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “mainly made from” to one of ordinary skill may not be to another, and thus, the scope of the claim is unclear. For the purposes of this examation, this language will be interpreted as, “made from.”
In addition, on page 4, claim 44 recites, “the coupling parts” in line 1 and in line 10. Coupling parts are previously introduced with respect to both of the first pair and second pair of edges and as such, it is unclear as to which this language refers. It appears this language refers to “coupling parts of the second pair of opposite edges” and will be interpreted as such.
In addition, on page 4, claim 44 recites, “the plane” in line 2, “the panels” in line 2, “the aforementioned two edges” in line 5, “the opposite edge” in line 6, “the lower hook-shaped portion” in line 8, “the first such panel” in line 11, “the second such panel” in line 11, “the first such panel” in line 12, “the second such panel” in line 13, “the proximal end” in line 14, “the proximal end” in line 15, “the coupled state” in line 17, “the second such panel” in line 19, and “the contact” in line 20. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a plane,” “the two of such panels,” “the second pair of opposite edges,” “an opposite edge,” “the upward directed lower hook-shaped portion,” “a first such panel,” “a second such panel,” “a first such panel,” “a second such panel,” “a proximal end,” “a coupled state,” “a second panel,” and “contact” and will be interpreted as such.
In addition, on page 4, claim 44 recites, “their respective edges” in line 11 and “their second pair” in line 17. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “respective edges” and “the second pair of opposite edges.”
In addition, on page 5, claim 44 recites, “the coupled state” in line 1, “the first such panel,” “the underside” in line 2, “the first such panel” in line 3, “the upper side” in line 3, “the lower hook-shaped portion” in line 6, “the second such panel” in line 6, “the distance” in line 6,” “the underside” in line 7, “the first such panel” in line 7, “the upper side” in line 8, “the lower hook-shaped portion” in line 8, “the second such panel” in line 8-9, “the distal end” in line 12, “the proximal end” in line 14, “the edge” in line 14, “the coupled state” in line 18, “the first panel” in line 19, “the second such panel” in line 20-21, “the direction” in line 22, “the thus coupled panels” in line 22, “the coupled state” in line 23, “the first such panel” in line 24, “the second such panel” in line 25, “the vertical projection” in line 25, “the first such panel” in line 26, “the plane” in line 26, and “the panels” in line 26. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a coupled state,” “a first panel,” “an underside,” “a first such panel,” “an upper side,” “the downward directed lower-hook shaped portion,” “a second such panel,” “a distance,” “an underside,” “a first panel,” “an upper side,” “the downward directed lower-hook shaped portion,” “a second panel,” “a distal end,” “a proximal end,” “an edge,” “a coupled state,” “a first panel,” “a second panel,” “a direction,” “the two of such panels,” “a coupled state,” “a first panel,” “a second panel,” “a vertical projection,” “a first panel,” “a plane” and “the two of such panels” and will be interpreted as such.
In addition, on page 5, claim 44 recites, “their second pair” in line 1-2, line 18, and line 23. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
In addition, on page 6, claim 44 recites, “the vertical projection” in line 1, “the plane” in line 1, “the panels,” in line 1, “the second such panel” in line 2, “the coupled state” in line 2, “the first such panel” in line 4, “the vertical projection” in line 5, “the aforementioned second contact zone” in line 5, “the plane” in line 5, “the panels” in line 6, and “the respective edges” in line 6-7. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a vertical projection,” “a plane,” “the two of such panels,” “a second panel,” “a coupled state,” “a first panel,” “a vertical projection,” “the second contact zone,” “a plane,” “the two of such panels” and “respective edges” and will be interpreted as such.
In addition, on page 6, claim 44 recites, “their second pair” in line 3. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
Re claim 48, claim 48 recites, “the coupled state” in line 1-2, “the first such panel” in line 3, “the second such panel” in line 3, “the tangent” in line 3, “the plane” in line 4 and “the panel” in line 4. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a coupled state,” “a first panel,” “a second panel,” “a tangent,” “a plane” and “the decorative panel” and will be interpreted as such.
In addition, 48 recites, “their second pair” in line 2. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
Re claim 49, claim 49 recites, “the upper side” in line 2, “the upper side” in line 4, “the edge” in line 5, “the underside” in line 6, “the underside” in line 7 and “the edge” in line 8. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “an upper side,” “an upper side,” “an edge,” “an underside,” “an underside” and “an edge” and will be interpreted as such.
Re claim 50, claim 50 recites, “the upper side” in line 2, “the projecting part” in line 4, “the upper side” in line 6, “the edge” in line 7, “the edge” in line 8, “the plane” in line 9, “the panel” in line 9, “the edge” in line 9, “the plane” in line 10, “the panel” in line 10, “the coupled state” in line 11, “the first such panel” in line 12, “the edge” in line 16, “the plane” in line 16, “the surface” in line 16, “the panel” in line 17, “the most proximally located point” in line 16 and “the edge” in line 17. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “an upper side,” “a projecting part,” “an upper side,” “an edge,” “an edge,” “a plane,” “the decorative panel,” “an edge,” “a plane,” “the decorative panel,” “a coupled state,” “a first panel,” “an edge,” “a plane,” “a surface,” “the decorative panel,” “a most proximally located point” and “an edge” and will be interpreted as such.
In addition, claim 50 recites, “their second pair” in line 12. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
In addition, claim 50 recites, “close together” in line 16. The term “close” is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “close” to one of ordinary skill may not be to another, and thus, the scope of the claim is unclear. For the purposes of this examation, this language will be interpreted as, “together.”
Re claim 52, claim 52 recites, “the edge” in line 1, “the plane” in line 3, “the panel” in line 3, “the edge” in line 4,” “the plane” in line 5, “the panel” in line 5, “the coupled state” in line 6, “the upper side” in line 11 and “the edge” in line 12. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “an edge,” “a plane,” “the decorative panel,” “an edge,” “a plane,” “the decorative panel,” “a coupled state,” “an upper side” and “an edge” and will be interpreted as such.
In addition, claim 52 recites, “their second pair” in line 6. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
In addition, claim 50 recites, “closely to one another” in line 10. The term “closely” is a relative term which renders the claim indefinite. The term “closely” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “close” to one of ordinary skill may not be to another, and thus, the scope of the claim is unclear. For the purposes of this examation, this language will be interpreted as, “abutment.”
Re claim 54, claim 54 recites, “the coupled state” in line 3, “the plane” in line 6, “the coupled panels” in line 6, and “the tangent” in line 7. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a coupled state,” “a plane,” “the two of such panels,” and “a tangent” and will be interpreted as such.
In addition, claim 54 recites, “their second pair” in line 3. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
Re claim 55, claim 55 recites, “the distal end” in line 1, “the distal end” in line 2, “the lower hook-shaped portion” in line 3, and “the coupled state” in line 3. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a distal end,” “a distal end,” “the downward directed lower hook-shaped portion” and “a coupled state” and will be interpreted as such.
In addition, claim 55 recites, “their second pair” in line 5. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
Re claim 56, claim 56 recites, “the coupled state” in line 2, “the opposite edge” in line 4 and “the first such panel” in line 4. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a coupled state,” “an opposite edge” and “a first panel” and will be interpreted as such.
In addition, claim 56 recites, “their second pair” in line 2. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
Re claim 57, claim 57 recites, “the distal end” in line 3, “the distal end” in line 3, “the lower hook-shaped portion” in line 4, “the edge” in line 5, “the distal end” in line 7, “the distal end” in line 7, “the lower hook-shaped portion” in line 8, “the edge” in line 9, “the plane” in line 10 and “the panel” in line 10. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a distal end,” “a distal end,” “the downward directed lower hook-shaped portion,” “an edge,” “a distal end,” “a distal end,” “the downward directed lower hook-shaped portion,” “an edge,” “a plane,” and “the decorative panel” and will be interpreted as such.
Re claim 58, claim 58 recites, “the coupled state” in line 2, “the opposite edge” in line 4 and “the first panel” in line 4. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a coupled state,” “an opposite edge” and “a first panel” and will be interpreted as such.
In addition, claim 58 recites, “their second pair” in line 2. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the second pair of opposite edges.”
In addition, claim 58 recites that the fifth locking part and the sixth locking part do not contact. It is unclear how these can be locking parts if they do not contact each other. Moreover, claim 58 depends on claim 56, which specifically requires that these locking parts contact each other. It is unclear how these locking parts contact each other, but simultaneously do not contact each and result in a locking. For the purposes of this examation, this language will be interpreted as requiring contact. However, if Applicant intends to claim no contact, an explanation of how this is possible is requested.
Re claim 59, claim 59 recites, “the distal end” in line 2, “the distal end” in line 3, “the lower hook-shaped portion” in line 3, and “the edge” in line 4. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a distal end,” “a distal end,” “the downward directed lower hook-shaped portion” and “an edge” and will be interpreted as such.
Re claim 61, claim 61 recites, “the material” in line 2 and “the panel” in line 3. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “a material” and “the decorative panel” and will be interpreted as such.
In addition, claim 61 recites, “these edges” in line 4. Numerous elements are previously introduced and thus, it is unclear was to which this language refers. For the purposes of this examation, this language will be interpreted as referring to “the first pair of opposite edges.”
In addition, claim 61 recites, “mainly made from” in line 2. The term “mainly from” is a relative term which renders the claim indefinite. The term “mainly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “mainly made from” to one of ordinary skill may not be to another, and thus, the scope of the claim is unclear. For the purposes of this examation, this language will be interpreted as, “made from.”
Re claim 62, claim 62 recites, “the edges” in line 1, “the edge” in line 2, “the edge” in line 3, “the groove” in line 4, “the plane” in line 4, “the respective edges” in line 5, “the direction” in line 5, “the plane” in line 6 and “the coupled panels” in line 6. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “edges,” “an edge,” “an edge,” “a groove,” “a plane,” “respective edges,” “a direction,” “a plane” and “the two of such panels” and will be interpreted as such.
In addition, claim 62 recites, “these coupled panels” in line 6 and again in line 6. It is unclear if “these coupling parts” refers to one or, multiple of, or all of the coupled panels. For the purposes of this examation, this language will be interpreted as, “the two of such panels.”
Re claim 63, claim 63 recites, “the edges” in line 1, “the edge” in line 2, “the tongue” in line 3, “the edge” in line 3, “the plane” in line 5, “the respective edges” in line 6, “the direction” in line 6, “the plane” in line 7 and “the coupled panels” in line 7. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to refer to, “edges,” “an edge,” “a tongue,” “an edge,” “a plane,” “respective edges,” “a direction,” “a plane” and “the two of such panels” and will be interpreted as such.
In addition, claim 62 recites, “these coupled edges” in line 5. It is unclear if “these coupled edges” refers to one or, multiple of, or all of the coupled edges. For the purposes of this examation, this language will be interpreted as, “coupled edges.”
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, 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) 44, 48-52, 24-63 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pervan et al (“Pervan”) (US 2013/0333182).
At the outset, it is noted that all rejections presented below are as best understood in view of the rejections under 35 USC 112 above.
Re claim 44, Pervan discloses a decorative panel (1) for forming a covering (Fig. 5a), wherein the panel (1) comprises a first pair of opposite edges ([0168] short edges) as well as a second pair of opposite edges ([0168] long edges);
wherein, optionally, the first pair of opposite edges comprises coupling parts that allow two such panels to be coupled together and wherein these coupling parts have the following characteristic features (this being optional):
the coupling parts comprise a horizontally acting locking system that in a coupled state of two such panels produces locking in the plane of the panels and perpendicular to the respective edges (this being optional per the above);
the coupling parts also comprise a vertically acting locking system that in a coupled state of two such panels achieves locking transverse to the plane of the panels (this being optional per the above);
wherein the coupling parts (left/right edges of 1) of the second pair of opposite edges ([0168]) are mainly made from the material (Fig. 5a showing 1 as a single unit) of the panel (1) itself;
wherein the second pair of opposite edges (Fig. 5a; [0168]) comprises coupling parts (9/10, 14/15) that allow two such panels (1, 1’) to be coupled together (Fig. 5a) and wherein these coupling parts (9/10, 14/15) have the following characteristic features:
the coupling parts (9/10, 14/15) comprise a horizontally acting locking system (Fig. 5a) that in a coupled state (Fig. 5a) of two such panels (1, 1’) produces locking in the plane (Fig. 5a; horizontal plane) of the panels (1, 1’) and perpendicular to (Fig. 5a) the respective edges (left edge of 1’, right edge of 1);
the coupling parts (9/10, 14/15) also comprise a vertically acting locking system (Fig. 5a) that in a coupled state (Fig. 5a) of two such panels (1, 1’) produces locking transverse to (Fig. 5a) the plane (horizontal plane) of the panels (1, 1’);
the horizontally acting locking system (Fig. 5a) of the second pair of edges ([0168], Fig. 5a) is at least formed from an upward directed lower hook-shaped portion (6) that is located on one of the aforementioned two edges (right edge of 1), as well as a downward directed upper hook-shaped portion (see examiner comments) that is located on the opposite edge (left edge of 1),
wherein the lower hook-shaped portion (6) consists of a lip (see examiner comments) with an upward directed locking element (8) that defines, proximally thereto (Fig. 5a), a female part (Fig. 5a) in the form of a recess (the recess above 6), while the upper hook-shaped portion (see examiner comments) consists of a lip (see examiner comments) with a downward directed locking element (see examiner comments) that forms a male part (Fig. 5a);
the coupling parts (9/10, 14/15) are configured so that two such panels (1, 1’) can be coupled together on their respective edges (right edge of 1, left edge of 1’) by means of a downward motion (1 and 1’ are capable of assembly by at least partial vertical motion) of the first such panel (1’) relative to the second such panel (1),
wherein the male part (Fig. 5a) of the first such panel (1’) is brought into the female part (Fig. 5a) of the second such panel (1);
wherein the proximal end of the downward directed locking element (see examiner comments) comprises a first contact surface (at 15), wherein the proximal end of the upward directed locking element (8) comprises a second contact surface (at 15);
wherein in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a, [0168]) there is contact between (Fig. 5a) the first contact surface (at 15) of the first panel (1’) and the second contact surface (at 15) of the second such panel (1);
wherein the contact (at 15) forms a first contact zone (15);
wherein in the coupled state (Fig. 5a) of the first such panel (1’) to the second such panel (1) on their second pair of opposite edges (Fig. 5a, [0168]) there is no contact between (S) the underside (underside of that shown in the examiner comments) of the downward directed locking element (see examiner comments) of the first such panel (1’) and the upper side (top side of 6) of the lip (at 6) of the lower hook-shaped portion (6) of the second such panel (1), wherein the distance between (S) the underside (bottom of that shown in the examiner comments) of the downward directed locking element (see examiner comments) of the first such panel (1’) and the upper side (top of 6) of the lip (at 6) of the lower hook-shaped portion (6) of the second such panel (1) is everywhere at least 0.05 mm ([0056]);
wherein the vertically active locking system (Fig. 5a) comprises a first locking part (9) and a second locking part (10) on the second pair of opposite edges (Fig. 5a, [0168]),
wherein the first locking part (9) is located at the distal end of the downward directed locking element (see examiner comments), and
wherein the second locking part (10) is located on the proximate end of the edge (right edge of 1) that comprises the female part (Fig. 5a),
wherein the first locking part (9) comprises a third contact surface (at 13), wherein the second locking part (10) comprises a fourth contact surface (at 13);
wherein in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a), the third contact surface 9at 13) of the first panel (1’) comes into contact In (Fig. 5a) a second contact zone (13) with the fourth contact surface (at 13) of the second such panel (1);
wherein locking is formed (Fig. 5a) in the direction perpendicular to (Fig. 5a, vertically) the thus coupled panels (1, 1’);
wherein in the coupled state of a first such panel to a second such panel on their second pair of opposite edges wherein the male part of the first such panel is brought into the female part of the second such panel, the vertical projection of the first locking part of the first such panel in the plane of the panels overlaps has an extension over less than 0.10mm with the vertical projection in the plane of the panels of the second locking part of the second such panel (as this is an and/or clause) and/or in that in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a) wherein the male part (of 1’) of the first such panel (1’) is brought into (Fig. 5a) the female part (of 1) of the second such panel (1), the vertical projection (of 13) of the aforementioned second contact zone (13) in the plane of the panels (1, 1’), extends over a distance ([0123] disclosing 1mm, or .5mm), measured perpendicular to (Fig. 5a) the respective edges (right edge of 1, left edge of 1’),
but fails to disclose the second contact zone extending over a distance less than 0.10mm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Pervan with the second contact zone extending over a distance less than 0.10mm in order to lessen the contact area between the panels at 13, which would in turn reduce friction during assembly making assembly easier. In addition, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 48, Pervan as modified discloses the decorative panel as in claim 44, wherein in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a) wherein the male part (of 1’) of the first such panel (1’) is brought into (Fig. 5a) the female part (of 1) of the second such panel (1), and the tangent (Fig. 5a) in the second contact zone (13), but fails to disclose the tangent in the second contact zone makes an angle with the plane of the panel of at least 15°.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the decorative panel of Pervan with the tangent in the second contact zone makes an angle with the plane of the panel of at least 15° in order to angle the contact zone such that the contact surfaces slide together easier during assembly, allowing for a degree of “snap-fitting” into place. In addition, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 49, Pervan as modified discloses the decorative panel as in claim 44, wherein, according to a first option the third contact surface (at 13) is located on the upper side (upper side of that shown in the examiner comments) of a projecting component (see examiner comments) of the downward directed locking element (see examiner comments); and wherein the fourth contact surface (at 13) is formed by at least a part of the upper side (top of 9a) of an undercut (9a) in the edge that comprises the female part (of 1); and/or in that according to a second option the third contact surface is located on the underside of a recess in the downward directed locking element and in that the fourth contact surface is formed at least partly on the underside of a component that projects on the edge that comprises the female part (as this is an and/or clause).
Re claim 50, Pervan as modified discloses the decorative panel as in claim 44, wherein the third contact surface (13) is located on the upper side (top of that shown in the examiner comments of a projecting component (see examiner comments) of the downward directed locking element (see examiner comments), wherein the projecting part (see examiner comments) is located under a recess (9) in the downward directed locking element (see examiner comments); and wherein the fourth contact surface (at 13) is formed by at least a part of the upper side (upper side of 9a) of an undercut (9a) in the edge (of 1) that comprises the female part (of 1); and in that the edge (of 1’) that comprises the male part (of 1’) comprises a third sealing face (at P1) substantially perpendicular to (Fig. 5a) the plane (horizontally) of the panel (1’) and wherein the edge (of 1) that comprises the female part (of 1) comprises a fourth sealing face (at P1) substantially perpendicular to (Fig. 5a) the plane (horizontally) of the panel (1), wherein in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a) wherein the male part (of 1’) of the first such panel (1’) has been brought into (Fig. 5a) the female part (of 1) of the second such panel (1), the third sealing face (at P1) of the first such panel (1’) and the fourth sealing face (at P1) of the second such panel (1) come into contact (Fig. 5a) or come close together, wherein the edge (of 1) that comprises the female part (of 1) above the plane parallel to the surface (of 1) of the panel (1) and that comprises the most proximally located point (Fig. 5a) of the undercut (9a) in the edge (of 1) that comprises the female part (of 1), does not comprise any components (Fig. 5a) that project outside the fourth sealing face (at P1, P1 being linear to the upper surface and lower surface to 9b).
Re claim 52, Pervan as modified discloses the decorative panel as in claim 50, wherein the edge (left edge of 1’) that comprises the male part (of 1’) comprises a third sealing face (at P1) substantially perpendicular to (Fig. 5a) the plane (horizontally) of the panel (1’) and wherein the edge (right edge of 1) that comprises the female part (of 1) comprises a fourth sealing face (at P1) substantially perpendicular to (Fig. 5a) the plane (horizontally) of the panel (1), wherein in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a) wherein the male part (of 1’) of the first such panel (1’) has been brought into (Fig. 5a) the female part (of 1) of the second such panel (1), the third sealing face (at P1) of the first such panel (1’) and the fourth sealing face (at P1) of the second such panel (1) come into contact (Fig. 5a) or abut closely to one another, wherein the fourth contact surface (at P1) is formed by the upper side (upper side of 9a) of an undercut (9a) in the edge (right edge of 1) that comprises the female part (of 1).
Re claim 54, Pervan as modified discloses the decorative panel as in claim 44, wherein the coupling parts (9/10, 14/15) on the second pair of opposite edges (Fig. 5a) are configured so that in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a) wherein the male part (of 1’) of the first such panel (1’) has been brought into (Fig. 5a) the female part (of 1) of the second such panel (1), the angle between (at 15) the plane (horizontally) of the coupled panels (1, 1’) and the tangent (at 15) in the first contact zone (15) is 90° or less than 90° (Fig. 5a, showing less than 90°), wherein the angle (Fig. 5a) is the angle in the proximal direction (Fig. 5a) of the first such panel (1’).
Re claim 55, Pervan as modified discloses the decorative panel as in claim 44, wherein the distal end (end of 6) of the upward directed locking element (6) or the distal end (end of 8) of the lip (8) of the lower hook-shaped portion (se examiner comments) comprises a fifth locking part (see examiner comments) for producing, in the coupled state (Fig. 5a) of a first such panel (1’) to a second such panel (1) on their second pair of opposite edges (Fig. 5a) wherein the male part (of 1’) of the first such panel (1) has been brought into (Fig. 5a) the female part (of 1) of the second such panel (1), locking in the direction perpendicular to the plane (horizontally) of the coupled panels (1, 1’), wherein the fifth locking part (see examiner comments) of the second such panel (1) interacts with (Fig. 5a) a sixth locking part (see examiner comments) on the opposite edge (of 1’) of the first such panel (1’).
Re claim 56, Pervan as modified discloses the decorative panel as in claim 55, wherein in the coupled state (Fig. 5a) of the first such panel (1’) to the second such panel (1) on their second pair of opposite edges (Fig. 5a) the fifth locking part (see examiner comments) of the second such panel (1) comes into contact with (Fig. 5a) the sixth locking part (see examiner comments) on the opposite edge (of 1’) of the first such panel (1’).
Re claim 57, Pervan as modified discloses the decorative panel as in claim 56, wherein according to a first possibility, the fifth locking part (see examiner comments) is at least formed by a projection (at 8) at the distal end of the upward directed locking element (8) or at the distal end of the lip of the lower hook-shaped portion (as this is an or clause) and the sixth locking part (see examiner comments) is at least formed by an undercut or a recess (Fig. 5a) on the edge (right edge of 1’) that comprises the male part (of 1’); or in that according to a second possibility, the fifth locking part is at least formed by an undercut at the distal end of the upward directed locking element or at the distal end of the lip of the lower hook-shaped portion and the sixth locking part is at least formed by a projecting part on the edge that comprises the male part; wherein the undercut makes an angle of between 20° and 30° with the plane of the panel (as this is an or clause).
Re claim 58, Pervan as modified discloses the decorative panel as in claim 56, wherein in the coupled state (Fig. 5a) of the first such panel (1’) to the second such panel (1) on their second pair of opposite edges (Fig. 5a) the fifth locking part (see examiner comments) of the second panel (1) does not come into contact with (Fig. 5a) the sixth locking part (see examiner comments) on the opposite edge (of 1’) of the first panel (1’).
Re claim 59, Pervan as modified discloses the decorative panel as in claim 56, wherein the fifth locking part (see examiner comments) is at least formed by an undercut (Fig. 5a) at the distal end of the upward directed locking element (6) or at the distal end of the lip of the lower hook-shaped portion (as this is an or clause); and in that the sixth locking part (see examiner comments) is at least formed by a projecting part (at 8) on the edge (left edge of 1’) that comprises the male part (of 1’).
Re claim 61, Pervan as modified discloses the decorative panel as in claim 44, wherein the coupling parts on the first pair of opposite edges are made mainly from the material of the panel itself; and in that the coupling parts on the first pair of opposite edges are configured so that two such panels can be coupled together on these edges by means of a turning motion and/or by means of a horizontal sliding motion with a snap effect (as claim 1 only introduces coupling parts on the first pair of opposite edges “optionally,” this entire claim is also considered optional).
Re claim 62, Pervan as modified discloses the decorative panel as in claim 61, wherein the edges (Fig. 5a) of the decorative panel (1) are configured so that the edge (Fig. 5a) of the second pair of opposite edges (Fig. 5a) that comprises the male part (of 1’) can be coupled to ([0139]) the edge (of 1) of the first pair of opposite edges ([0138]) that comprises the groove (Fig. 5a), wherein both locking of these coupled edges (Fig. 5a) in the plane of these coupled panels (1, 1’) and perpendicular to the respective edges (Fig. 5a) is obtained and locking in the direction perpendicular to (Fig. 5a) the plane (horizontally) of the coupled panels (1, 1’).
Re claim 63, Pervan as modified discloses the decorative panel as in claim 61, wherein the edges (Fig. 5a) of the decorative panel (1’) are configured so that the edge (of 1) of the first pair of opposite edges (of 1’) that comprises the tongue (10) can be coupled to ([0138]) the edge (of 1) of the second pair of opposite edges (Fig. 5a) that comprises the female part (of 1), wherein both locking of these coupled edges (Fig. 5a) in the plane of these coupled panels (1, 1’) and perpendicular to (Fig. 5a) the respective edges (of 1, of 1’) is obtained, and locking in the direction perpendicular to (Fig. 5a) the plane (horizontally) of the coupled panels (1, 1’).
Examiner Comments
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477
819
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Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635