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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/20/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being 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.
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 41-62 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.
The claims are replete with indefinite language. The follow list of indefinite language is representative but not exhaustive of the indefinite language present in the claims. The claims should be carefully reviewed for clarity and definiteness.
Regarding claims 41-62, each of the phrases "such as", “preferably”, “in particular”, and “optionally” as set forth below renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 41, line 1 recites “in particular”.
Claim 42, line 2 recites “preferably”.
Claim 50, line 3 recites “such as”.
Claim 51, line 2 recites “such as”.
Claim 52, line 3 recites “such as”.
Claim 53, line 4 recites “preferably”.
Claim 53, each of lines 6 and 7 recites “such as”.
Claim 54, each of lines 2 and 3 recites “such as”.
Claim 55, line 2 recites “such as”.
Claim 56, line 2 recites “such as”.
Claim 59, line 4 recites “such as”.
Claim 60, line 2 recites “such as”.
Claim 61, each of lines 9, 10 and 19 recites “such as”.
Claim 61, each of lines 12, 24 and 25 recites “preferably”.
Claim 61, line 20 recites “optionally”.
Claim 62, line 2 recites “such as”.
Claim 62, line 3 recites “in particular”.
Claim 43 recites “each corner quadrant” lacking antecedent basis. Should it instead read “each corner subquadrant”? The limitation is unclear.
Claim 61 specifies the panel of claim 41 then introduces “a core”, “a decorative top structure”, etc. These structures were already introduced in claim 41. Are they the same structure? They appear to be redundant.
Claim Rejections - 35 USC § 102
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.
Claims 41-43 and 45-62 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Meersseman et al., US 2026/0037917.
Regarding claim 41:
Meersseman discloses a decorative floor panel comprising:
a. a core having a lower side and an upper side,
b. a decorative top structure affixed, either directly or indirectly, to the upper side of the core, and
c. a plurality of readable information carrying elements carrying and/or provided with information relating to at least one panel related characteristic,
wherein the plurality of information carrying elements is printed onto a rear side of the panel; wherein the panel further comprises a first panel edge comprising a first coupling profile, and a second panel edge comprising a second coupling profile being designed to engage interlockingly with said first coupling profile of an adjacent panel;
wherein the panel has two intersecting main principal axes which divide the panel into four quadrants, wherein at least two information carrying elements are located in different quadrants.
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Regarding claim 42:
Meersseman discloses wherein the panel is a rectangular panel.
Regarding claim 43:
Meersseman discloses wherein each quadrant can be divided in four subquadrants by two auxiliary principal axes,
wherein one corner subquadrant of each quadrant is situated at a distance from the main principal axes, wherein each corner subquadrant is provided with at least one information carrying element (the information carrying elements are spready about the perimeter of the panel such that each subquadrant corner would have its own information carrying element).
Regarding claims 45-47 and 56:
Meersseman discloses wherein there are at least two information carrying elements comprises a plurality of printed layers or embedded into the core (para. 0042 and 0100).
Regarding claim 48:
Meersseman discloses wherein the panel comprises at least one backing layer (22) affixed to the lower side of the core and wherein the info carrying element is at least partially embedded into and/or affixed to the backing layer (para. 0040 implies putting the code on bottom surface of the floor panel).
Regarding claims 49 and 50:
Meersseman discloses wherein at least one information carrying element is a human-readable information carrying element (para. 0100) such that it comprises visible information.
Regarding claim 51:
Meersseman discloses wherein the information carrying element comprises haptic information (etching, para. 0100).
Regarding claims 52 and 53:
Meersseman discloses wherein the at least one info carrying element is machine-readable (para. 0100) that includes a digital link (Abstract).
Regarding claims 54 and 55:
Meersseman discloses wherein the at least one information carrying element includes a QR-code or an RFID tag (para. 0100).
Regarding claim 57:
Meersseman discloses printing which results in ink being applied to the panel. Ink may also be applied by stamping or hot pressing.
The determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process.
Regarding claim 58:
Meersseman discloses wherein the second coupling profile is designed to engage interlocking with the first coupling profile of an adjacent panel both in a horizontal and in a vertical direction (locking includes lip 13).
Regarding claim 59:
Meersseman discloses wherein the information carrying element is configured to provide information relating to at least one panel related characteristic chosen from the group consisting of: the installation of the panel to compose a panel covering, such as a floor covering; the dimensioning of the panel; the material composition of at least one panel layer; the origin of at least one material used in at least one panel layer; recycling related information of the panel; the authenticity of the panel; the circularity of the panel, the type of coupling profiles used at least two panel edges; the certifications and declarations relating to the panel; and/or other documentation relating to the panel. The information carrying element is configured to provide all of these things by being coded to do so.
Regarding claim 60:
Meersseman disclose wherein the at least one information carrying comprises panel deposit related information (para. 0058).
Regarding claim 61:
Meersseman discloses a decorative panel system, comprising:
- at least one decorative panel according to claim 41, wherein said panel comprises:
a plurality of machine-readable information carrying elements;
a first panel edge comprising a first coupling profile, and a second panel edge comprising a second coupling profile being designed to engage interlockingly with said first coupling profile of an adjacent panel;
wherein the panel has two intersecting main principal axes which divide the panel into four quadrants, wherein at least two information carrying elements are located in different quadrants;
at least one digital scanner, such as a smartphone or tablet (para. 0064 and 0104), for reading said representation,
at least one digital location where said information is stored and retrievable (para. 0116), wherein said digital scanner, wherein at least one digital scanner and the screen are integrated in a single user device, such as a smartphone or tablet.
Regarding claim 62:
Meersseman discloses wherein at least one digital location makes part of the device (para. 0116 and 0117).
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 44 is rejected under 35 U.S.C. 103 as being unpatentable over Meersseman et al., US 2026/0037917.
Regarding claim 44:
Meersseman does not expressly disclose wherein the info carrying element is printed with white ink.
It would have been an obvious matter of design choice to use specifically white ink, since such a modification would have involved a mere change in the color of a component. A change in color is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). A person looking to make a readable information carrying element on dark colored flooring would use a light colored ink, such as white.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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