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 18/757,824 filed on 6/28/2024.
Currently, claims 1-20 are pending and examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/28/2024 is being considered by the examiner.
Claim Objections
Claims 18-20 are objected to because of the following informalities: claim 18, line 19; a phrase “where” should be read as “wherein”. Appropriate correction is required. Claims 19-20 depending upon the objected claim 18 are also objected.
Claim 18, lines 20-21; a phrase “of a least one” should be read as -- of at least one --. Correction is required.
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 turning movement in claim 3 or coupling means in claim 17.
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 1-20 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, a conditional phrase “when” renders the claim indefinite and confusing because "when" is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. See § MPEP 2103 (C). Correction is required. Claims 2-8 depending upon the rejected claim 1 are also rejected. Independent claim 9, line 9; claim 18, line 8; having the same issues as mentioned; therefore, claims 9-20 are also rejected.
Re claim 2, lines 2-3; a citation “the form” does not have a proper antecedent basis. Correction is required. Claims 4-5 depending upon the rejected claim 2are also rejected. Claim 8, lines 2-3 having the same issues as mentioned is also rejected.
Re claim 9, line 18; a citation “it” renders the claim indefinite and confusing because it’s unclear whether “it” referring to which structure? Clarification is required. Claims 10-17 depending upon the rejected claim 9 are also rejected.
Re claim 10, lines 1-2; a citation “the distance…the sum” does not have a proper antecedent basis. Correction is required.
Re claims 15, 16; a citation “a first angle” or “the first angle” renders the claim indefinite and confusing because it’s unclear whether there is “a second angle” in the claims. Clarification is required.
Re claim 18, lines 17, 22; a phrase “which” renders the claim indefinite and confusing because it’s unclear whether “which” referring to which structure? Clarification is required. Claims 19-20 depending upon the rejected claim 18 are also rejected.
Re claim 18, lines 20-21; a citation “the height of a
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.
Claim(s) 9, 15, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 2024/0376722 to Lobbens.
Re claim 9: Lobbens discloses a floor or wall covering comprising a plurality of rectangular panels (Figs. 1-2), each panel 1A/1D (Fig. 2) comprising: a decorative surface (wherein 1 points to, Fig. 4, par. [0062]), and a bottom surface (near 12 points to); a substrate (wherein 7 points to) between said decorative surface and said bottom surface (i.e. between 110/120); a first pair of opposite edges 2/3 consisting of a first edge and a second edge, and a second pair of opposite edges 4/5 consisting of a third edge and a fourth edge, each of said first, second, third and fourth edges having a first, second, third and fourth flank (i.e. wherein 2/3/4/5 points to for each edge), respectively, extending from and substantially perpendicular to said decorative surface, the said flanks of adjacent panels 1A/1D being adapted to abut when said panels 1A/1D form said floor or wall covering (Fig. 1), wherein said bottom surface of said panel 1A is provided with a first groove 15 extending from said third edge in a direction parallel to, and at a first distance from, said first edge, and with a second groove 10 extending from said first edge in a direction parallel to, and at a second distance from, said third edge, said first distance and said second distance being chosen such that said first groove 15 and said second groove 10 intersect each other, said floor or wall covering further comprising at least one connector member 13, the connector member 13 being dimensioned such it can fit in the first groove 15 and simultaneously in the second groove 10.
Re claim 15: wherein each of said grooves 10/15 has an opening, a base, a first side wall proximate said edges of said panel 1A and a second side wall distal of said edges, said first side wall tapering at a first angle (i.e. as shown in Fig. 4 or 5) with respect to said bottom surface of said panel 1A such that the opening (i.e. wherein 10 or 15 points to) is wider than the base.
Re claim 17: wherein at least said first pair of opposite edges 2/3 are provided with mechanical coupling means 10/14 so that a plurality of said panels 1A, 1D can be coupled to one another, said coupling means 10/14 providing for an interlocking in a direction perpendicular to the decorative surface of the floor or wall covering (Fig. 1), as well as in a direction perpendicular to the coupled edges and parallel to the decorative surface of the floor or wall covering (Fig. 7).
Re claim 18: Lobbens discloses in Figs. 1, 2; a floor or wall covering comprising a plurality of rectangular panels 1A, 1D, each panel comprising: a decorative surface (wherein 1 points to, Fig. 4, par. [0062]), a first pair of opposite edges 2/3 consisting of a first edge and a second edge, and a second pair of opposite edges 4/5 consisting of a third edge and a fourth edge, each of said first, second, third and fourth edges having a first, second, third and fourth flank (i.e. wherein 16A or 16B points to, Fig. 5), respectively, extending from and substantially perpendicular to said decorative surface, the said flanks of adjacent panels 1A/1D being adapted to abut when said panels form said floor or wall covering (Figs. 1, 2), wherein at least said first pair of opposite edges 2/3, are provided with mechanical coupling means 10/14, substantially in the form of male coupling parts (tongue 14) and female coupling parts (grooves 10), so that a plurality of said panels 1A/1D can be coupled to one another, said coupling means 10/14 providing for an interlocking in a direction perpendicular to the decorative surface of the floor or wall covering, as well as in a direction perpendicular to the coupled edges 2/3 and parallel to the decorative surface of the floor or wall covering; wherein a recess 16A or 16B is provided at the decorative surface of the floor or wall covering between two panels 1A/1D (see par. [0083]) which are mechanically coupled to each other by a said male coupling part and a said female coupling part, and wherein said floor or wall covering has edge confluences (i.e. wherein a recess formed when two panels are coupled, Figs. 6, 7, 11) where at least three panels meet and where said recesses 16A/16B adjoin in each other and form a joint, wherein said recesses comprise grouting material (see par. [0083], lines 13-14) and wherein at the height of at least one said confluence, the floor or wall covering comprises at least one installation aid which form fits said adjoining recesses 16A/16B, seen according to a direction parallel to the decorative surface. (Figs. 9-10).
Note, a citation “at least one installation aid” is not a part of the invention or the floor panel structures; therefore, the “installation aid” is not being given any patentable weight. Installers should used one of “installation aid” to facilitate a flooring assembly.
Re claim 19: wherein the height of said recesses 16A/16B according to a direction perpendicular to the decorative surfaces, is inherently greater than the corresponding dimension of said installation aid, and wherein said grouting material (see par. [0083]) is located above said installation aid (see above Note).
Re claim 20: wherein said floor or wall covering comprises at least one confluence of three panels Figs. 6, 7, 11), wherein said corresponding recesses 16A/16N form a T-shaped joint (Fig. 1) and wherein a said installation aid (see Note above) is T-shaped and/or wherein said floor or wall covering comprises at least one confluence of four panels (Figs. 6, 7, 11), wherein said corresponding recesses 16A/16B form a cross shaped joint and wherein a said installation aid is cross shaped (Figs. 6, 7 show the cross shaped joints between four panels).
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2005/0247000 to Zhu.
Re claims 1, 7: Zhu discloses a floor or wall covering comprising a plurality of rectangular panels 100 (see par. [0019]), each panel 100 comprising: a decorative surface (par. [0002], wherein 110 points to, Fig. 1), a first pair of opposite edges 300/300 consisting of a first edge and a second edge, and a second pair of opposite edges 200/200 consisting of a third edge and a fourth edge, each of said first, second, third and fourth edges having a first, second, third and fourth flank (wherein 200 and 300 point to), respectively, extending from and substantially perpendicular to said decorative surface 110, the said flanks of adjacent panels 100/100 being adapted to abut when said panels 100/100 form said floor or wall covering (see par. [0019]), wherein said first edge 300 has a first primary male coupling part 340 extending from said first flank (i.e. wherein 300 points to, Fig. 1) and said second edge 200 has a second primary male coupling part 230 extending from said second flank, said first edge 300 further having a first supplementary male coupling part 320 extending from said first flank (i.e. wherein 300 points to) at a location between said decorative surface 110 and said first primary male coupling part 340; and the second edge (i.e. wherein 200 points to, Fig. 1) has a first primary female coupling part 240 partially formed in said second flank and said second edge has a second primary female coupling part 240 partially formed in said second flank, said second edge further having a first supplementary female coupling part 220 at least partially formed in said second flank at a location between said decorative surface (wherein near 110 points to) and said first primary female coupling part 240, said first edge of a first panel being adapted to be coupled to said third edge of a second panel 110 and said second edge of said first panel 100 being adapted to be coupled to said fourth edge of a third panel 100, said first supplementary male coupling part 340 extending at least partially along the first edge to thereby terminate at said fourth flank of said fourth edge (Fig. 7). Zhu discloses basic structures of the claimed invention as stated above but does not disclose expressly the third edge has the first primary and supplementary female coupling parts; and the fourth edge has the second primary coupling part. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to rearrange the first primary and supplementary female coupling parts at the third edge; and the second primary coupling part at the fourth edge in order to provide more securement between panels during assembling the floor; since the rearrangement of parts is generally recognized as being within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Re claim 2: wherein each of said first and second primary male coupling parts 340/230 are in the form of a tongue (see Figs. 1-3) and each of said first and second primary female coupling parts 240/240 are in the form of a groove, said male 340/230 and female 240/240 coupling parts providing for an interlocking in a direction perpendicular to the decorative surface of the floor or wall covering, as well as in a direction perpendicular to the coupled edges and parallel to the decorative surface of the floor or wall covering (Fig. 7).
Re claim 3: wherein said male 340/230 and female 240/240 coupling parts allow for a mutual connection with an adjacent panel by means of a turning movement and/or a horizontal shifting movement R (Fig. 5).
Re claim 4: wherein each groove of said first and second primary female coupling parts 240/240 is partially delimited by a lower lip 250 that extends beyond the respective edge flank (i.e. wherein 200 points to, Fig. 1).
Re claim 5: Zhu discloses basic structures of the claimed invention as stated above and further discloses wherein said tongue 340 of said first primary male coupling part extends beyond said first flank (i.e. wherein 300 points to, Fig. 1) by a first extension and said first supplementary male coupling part 320 extends from said first flank by a second extension, but does not disclose expressly second extension being between 10 % and 60 % of said first extension. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have different extensions for the first primary and supplement male coupling parts in order to precisely fit into groove lengths.
Re claim 6: wherein said location of said first supplementary male coupling part 320 is spaced from said first primary male coupling part 340 in a direction along said first flank (i.e. wherein 300 points to, Fig. 1) towards said decorative surface (i.e. near wherein 110 points to).
Re claim 8: wherein each of said first and second supplementary male coupling parts 320/320 is in the form of a tongue (see Fig. 1) and each of said first and second supplementary female coupling parts 220/220 is in the form of a groove (see Fig. 1).
Claim(s) 10-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 2024/0376722 to Lobbens.
Re claims 10, 11, 12, 13, 14: Lobbens discloses basic structures of the claimed invention as stated above but does not disclose expressly wherein the distance between said opposite walls substantially equals the sum of first distance and the second distance; wherein a first length of a first wall of said two pairs of opposite walls can fit in a corresponding length of said first groove simultaneously with a second length of an adjacent second wall of said two pairs of opposite walls fitting in a corresponding length of said second groove; wherein said first length of said first wall corresponds to said second distance of said second groove from said third edge, and said second length of said second wall corresponds to said first distance of said first groove from said first edge; wherein said first length of said first wall is greater than said second distance of said second groove from said third edge, and said second length of said second wall is greater than said first distance of said first groove from said first edge; wherein said first groove extends from said third edge to said fourth edge and said second groove extends from said first edge to said second edge. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have different dimensions between the panel edges with the first and second grooves in order to securely couple the panels to each other; since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Re claim 16: Lobbens discloses basic structures of the claimed invention as stated above and further discloses the first side wall tapering at a first angle with respect to said bottom surface of said panel such that the opening is wider than the base (see Fig. 4) but does not disclose expressly wherein said first angle lies between 3° and 15°. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have different angles between the side wall to the bottom surface of said panel in order to accurately fit into the angled tongue; since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
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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