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 .
Election/Restrictions
Claims 6-7, 9, 13-14, 21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/06/2026.
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 1-5, 8, 10-12, 15-19 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.
Regarding claim 1, the repeated term and/or renders the claim indefinite in that it is unclear what is required of the claim. The examiner will examine as best understood. Appropriate correction is required.
Regarding claim 3, the term and/or renders the claim indefinite in that it is unclear what is required of the claim. The examiner will examine as best understood. Appropriate correction is required.
Claims 2, 4-5, 8, 10-12, 15-19 rejected under 35 USC 112 as being dependent on a rejected claim.
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) 1-4, 10-11, 15-16, 18, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pervan, U.S. Patent Application Publication 2006/0236642.
Regarding claim 1, Pervan discloses a panel locking system comprising: - a first vertical locking device comprising: a protrusion (10) and a groove (9) configured to cooperate for vertical locking of a first edge portion (5b) of a first building panel to an adjacent second edge portion (5a) of a second building panel, the protrusion and the groove being provided in the first and the second edge portion (as shown in Fig. 2b), respectively, and/or a lip groove and a lip configured to cooperate for vertical locking of the first edge portion of the first building panel to the adjacent second edge portion of the second building panel, the lip groove and the lip being provided in the first and the second edge portion, respectively; - a horizontal locking device comprising: a tongue (15) provided in the first edge portion and a recess (see Fig. 2b reproduced below) provided in a strip (6) of the second edge portion, the strip extending horizontally beyond an upper portion of the second edge portion (the lower lip protrudes further than the upper lip, see Fig. 2a below), the recess and the tongue being configured to cooperate for horizontal locking of the first and the second edge portions (as shown in Fig. 2b); the first and second edge portions being configured to be assembled to each other by a relative essentially horizontal displacement of the first and second building panels against each other (paragraph 11) and/or by angling of the first and second building panels relative to each other; and - a second vertical locking device comprising: a protruding element (10) provided in a third edge portion (4a) of the first building panel for vertical locking of the third edge portion to an adjacent fourth edge portion (4b) of a third building panel by angling of the first and third building panels relative to each other (C, D; paragraph 52) and/or by a relative essentially horizontal displacement of the first and third building panels against each other, and/or a male connector provided in a fourth edge portion of the second building panel for vertical locking of the fourth edge portion to an adjacent third edge portion of a fourth building panel by angling of the second and fourth building panels relative to each other and/or by a relative essentially horizontal displacement of the second and fourth building panels against each other; and wherein: the protrusion and the protruding element extend continuously along a corner portion (23; see Fig. 8c) of the first building panel, such that the protrusion is gradually transformed into the protruding element along a horizontal continuous transition portion disposed along the corner portion (see Fig. 8c), and/or the male connector and the lip extend continuously along a corner section of the second building panel, such that the male connector is gradually transformed into the lip along a horizontal continuous transition portion disposed along the corner section.
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Regarding claim 2, Pervan discloses a panel locking system wherein the corner portion is provided horizontally outside of the tongue and (see Figs. 8), in a perpendicular direction, horizontally outside of a locking groove (as shown in detail D if Fig. 8c below 10) provided in the third edge portion.
Regarding claim 3, Pervan discloses a panel locking system wherein the first vertical locking device comprises the protrusion and the groove and wherein the second vertical locking device comprises the protruding element (as established in the preceding claims), wherein the protrusion extends along a major portion of the first edge portion (see Fig. 8c) and/or wherein the protruding element extends along a major portion of the third edge portion.
Regarding claim 4, Pervan discloses a panel locking system wherein the first vertical locking device comprises the protrusion and the groove and wherein the second vertical locking device comprises the protruding element (as established in the preceding claims), wherein the protrusion extends along an entirety of the first edge portion and wherein the protruding element extends along an entirety of the third edge portion (see Fig. 8c).
Regarding claim 10, Pervan discloses a panel locking system wherein the tongue is a separate tongue (paragraph 36) and wherein the first edge portion comprises an insertion groove (14) in which the separate tongue is arranged.
Regarding claim 11, Pervan discloses a panel locking system wherein the insertion groove is provided vertically below at least one horizontal plane extending along a vertical locking surface (see Fig. 8c(D), vertical surface above 10) provided in the third edge portion of the first building panel (horizontal axis along top surface of panel).
Regarding claim 15, Pervan discloses a panel locking system wherein the locking device further comprises a locking groove provided in the third edge portion (Fig. 8c(D) groove behind tongue 10) configured to cooperate with a locking element (Fig. 8c(C)) for horizontal locking of the third and fourth edge portions, the locking element being provided on a strip (8) extending beyond an upper portion of the fourth edge portion (see Fig. 8c(C).
Regarding claim 16, Pervan discloses a panel locking system wherein the locking device comprises an insertion member (10, Fig. 8c(D)) provided in the third edge portion, wherein a locking member (horizontally protruding portion) is arranged in the insertion member, and a depression (9, Fig. 8c(C)) provided in a strip of the fourth edge portion extending horizontally beyond an upper portion of the fourth edge portion, wherein the depression and the locking member are configured to cooperate for horizontal locking of the third and the fourth edge portions.
Regarding claim 18, Pervan discloses a panel locking system wherein the first vertical locking device comprises the protrusion and the groove and wherein the second vertical locking device comprises the protruding element (as established in claim 1), wherein a top side of the protrusion is gradually transformed into an upper side of the protruding element (at the corner, see Fig. 8c).
Regarding claim 19, Pervan discloses a panel locking system wherein the building panels are floor panels (abstract).
Regarding claim 20, Pervan discloses a panel locking system comprising: a protrusion (10) and a groove (9) configured to cooperate for vertical locking of a first edge portion (5b) of a first building panel to an adjacent second edge portion (5a) of a second building panel, the protrusion and the groove being provided in the first and the second edge portion, respectively, and a tongue (15 of Fig. 2b) provided in the first edge portion and a recess (see Fig. 2b reproduced above) provided in a strip (6) of the second edge portion extending horizontally beyond an upper portion of the second edge portion (see Fig. 2b), the recess and the tongue being configured to cooperate for horizontal locking of the first and the second edge portions (as shown in Fig. 2b), the first and second edge portions being configured to be assembled to each other by a relative essentially horizontal displacement of the first and second building panels against each other (paragraph 11) and/or by angling of the first and second building panels relative to each other, and a protruding element (10 of Fig. 8c) provided in a third edge portion (4a) of the first building panel for vertical locking of the third edge portion to an adjacent fourth edge portion (4b) of a third building panel by angling of the first and third building panels relative to each other and/or by a relative essentially horizontal displacement of the first and third building panels against each other (paragraph 52), wherein the protrusion and the protruding element extend continuously along a corner portion (23; see Fig. 8c) of the first building panel, such that the protrusion is gradually transformed into the protruding element along a horizontal continuous transition portion disposed along the corner portion (see Fig. 8c).
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, 8, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pervan, U.S. Patent Application Publication 2006/0236642 in view of Devos, U.S. Patent 10,100,531.
Regarding claim 5, Pervan discloses a panel locking system wherein the first vertical locking device comprises the protrusion and the groove and wherein the second vertical locking device comprises the protruding element (as established in the preceding claims), but does not specifically disclose specifically wherein the protrusion and the protruding element are provided at a same vertical level. Devos teaches coupling elements on adjacent sides of a panel that are at a same level (see Fig. 8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the two components be at the same level for a seamless transition between the corner elements.
Regarding claim 8, Pervan discloses a panel locking system wherein the first vertical locking device comprises the protrusion and the groove and wherein the second vertical locking device comprises the protruding element (as established in claim 1), wherein a horizontal extension of the protrusion and/or the protruding element is essentially constant along the first and/or third edge portions in the corner portion. Devos teaches extended coupling elements on adjacent sides of a panel having horizontal components that are constant at a panel corner (see Fig. 8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the two components be constant at the corner for a seamless transition between the corner elements.
Regarding claim 12, Pervan discloses a panel locking system but does not specifically disclose wherein the horizontal continuous transition portion is provided in a horizontal transition plane provided along a horizontal plane extending along a vertical locking surface provided in the third edge portion of the first building panel or vertically between the horizontal plane and an innermost portion of the insertion groove. Devos teaches a horizontal continuous transition portion (see corner portion of Fig. 8, plane of upper surface of hook shaped part). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce the panel with the horizontal transition plane for complete closure/sealing at the corners of the panel.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pervan, U.S. Patent Application Publication 2006/0236642.
Regarding claim 17, Pervan discloses a panel locking system but does not specifically disclose wherein the locking member is separately formed. Pervan teaches a separate locking member on the first/second side couplings (15).
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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