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 .
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) 1-7, 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker, U.S. Patent Application Publication 2004/0250492.
Regarding claim 1, Becker discloses a building panel wherein the panel has a top surface, wherein, on first (edge comprising 2) and second (edge comprising 3) edges of the first pair of opposite edges and first and second edges of the second pair of opposite edges, the panel comprises coupling parts (see Fig. 1) which allows coupling of the panel to another such panel via a rotating movement or via a downward movement M (paragraph 29); the coupling part on the first edge of the first pair of opposite edges has a tongue (2) and a downwardly directed locking groove (See Fig. 1 reproduced below); the coupling part on the second edge of the first pair of opposite edges comprises a groove (3) and a locking lip (see Fig. 1 below); wherein the locking lip delimits the groove along a bottom and wherein the locking lip comprises an upwardly directed locking element (see Fig. 1 below); wherein the tongue is configured to cooperate with the groove on the second edge of the first pair of opposite edges of another such panel in order to achieve a vertical interlocking between the respective edges (as shown in Fig. 2); and wherein the downwardly directed locking groove is configured to cooperate with the upwardly directed locking element on the second edge of the first pair of opposite edges of another such panel in order to achieve a horizontal interlocking between the respective edges (see Fig. 2); wherein the first edge of the first pair of opposite edges has a first substantially vertical contact face (see Fig. 1 below); the second edge of the first pair of opposite edges has a second substantially vertical contact face (see Fig. 1 below); in a coupled position of the first edge of the first pair of opposite edges of the panel and the second edge of the first pair of opposite edges of another such panel, the first substantially vertical contact face of the panel makes contact with the second substantially vertical contact face of the other such panel (see Fig. 2); the coupling part of the second edge has a nose situated under the second substantially vertical contact face (see Fig. 1 below), wherein the nose projects further from the second edge than the second substantially vertical contact face (see Fig. 1 below); the coupling part of the first edge has an undercut under the first substantially vertical contact face (see Fig. 1 below); wherein the nose is configured to cooperate with the undercut on the first edge of another such panel in order to achieve a vertical interlocking between the respective edges (see Fig. 1 reproduced below).
Regarding claim 2, Becker discloses a building panel wherein the panel is couplable to another such panel on the first pair of edges via said rotating movement and on the second pair of edges via said downward movement M (or vice versa; paragraph 29).
Regarding claim 3, Becker discloses a building panel wherein an underside (angled surface portion) of the undercut is at least partly defined by at least a part of a top side of the tongue (see Fig. 1 below).
Regarding claim 4, Becker discloses a building panel wherein an underside (angled surface portion) of the undercut is completely defined by at least a part of a top side of the tongue (see Fig. 1 below).
Regarding claim 5, Becker discloses a building panel wherein the nose is configured to cooperate with the undercut and the tongue of the first edge of the first pair of opposite edges of another such panel in order to achieve a vertical interlocking between the respective edges (see Fig. 2, generally).
Regarding claim 6, Becker discloses a building panel wherein, in the coupled position of the first edge of the panel and the second edge of another such panel, a top side of the nose of the other such panel makes contact with a top side of the undercut of the first edge of the panel; and an underside of the nose of the other such panel makes contact with a top side of the tongue of the first edge of the panel, resulting in a vertical interlocking of the two coupled edges (see Fig. 2, generally).
Regarding claim 7, Becker discloses a building panel wherein the absolute value of an angle of a top part of the nose (angled nose portion; see Fig. 1 reproduced below) with the top surface (horizontal) of the panel is greater than the angle of a bottom part of the nose (horizontal lower portion; see Fig. 1 below) with the top surface (horizontal) of the panel (see Fig. 1 generally).
Regarding claim 9, Becker discloses a building panel wherein, in the coupled position of the first edge and the second edge of a such panel, there is an open space in a horizontal direction, between a most distal part of the nose and the undercut (Fig. 2).
Regarding claim 10, Becker discloses a building panel wherein the locking lip projects further from the second edge of the panel than the nose (see Fig. 2).
Regarding claim 11, Becker discloses a building panel wherein the nose is situated above the groove (see Fig. 2).
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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) 8, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker, U.S. Patent Application Publication 2004/0250492.
Regarding claim 8, Becker discloses a building panel but does not specifically disclose wherein a top side of the nose makes a positive angle with the top surface of the panel (as with the present invention, see Fig. 1), this positive angle being between 30° and 60° and/or wherein an underside of the nose makes a negative angle with the top surface of the panel, the absolute value of this negative angle being between 0° and 15° and/or wherein the top side of the undercut makes a positive angle with the top surface of the panel, this positive angle being between 30° and 60°, but does not specifically disclose the top side of the nose angle with the top surface of the panel being between 30° and 60°. 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 surface angle within the given range for adequate locking between the panels, and 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
Regarding claim 12, Becker discloses a building panel, but does not disclose specifically wherein the nose has a rounded top. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention t produce the nose having a rounded top as the same results would be produced, and since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ
Claim(s) 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Becker, U.S. Patent Application Publication 2004/0250492 in view of Devos, U.S. Patent Application Publication 2017/0370109.
Regarding claim 13, Becker discloses a building panel but does not disclose wherein the panel comprises a substrate, said substrate comprising wood. Devos teaches a building panel having a wood substrate (paragraph 55). It would have bene obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce the panel with a wood substrate for its flexibility and insulative properties, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin,125 USPQ 416.
Regarding claim 14, Becker discloses a building panel but does not disclose wherein, in a coupled position of the first edge of the first pair of opposite edges of the panel and the second edge of the first pair of opposite edges of another such panel, there is a bending stress in the locking lip. Devos teaches bending at the locking lip (paragraph 37). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that, as the panel of Becker has a similar configuration with spaces between the opposing coupling parts (see figures), there may be a bending stress present in the coupling parts during assembly of the adjacent panels.
Regarding claim 15, Becker discloses a building panel wherein the panel has a top surface (upper surface as shown in figures); wherein, on first (edge comprising 2) and second (edge comprising 3) edges of the first pair of opposite edges and first and second edges of the second pair of opposite edges, the panel comprises coupling parts (shown in Figs. 1-2) which allows coupling of the panel to another such panel via a rotating movement or via a downward movement M (paragraph 29); the coupling part on the first edge of the first pair of opposite edges has a tongue (2) and a downwardly directed locking groove (see Fig. 1 reproduced above); the coupling part on the second edge of the first pair of opposite edges comprises a groove (3) and a locking lip (see Fig. 1 above); wherein the locking lip delimits the groove along a bottom and wherein the locking lip comprises an upwardly directed locking element (see Fig. 1 above); wherein the tongue is configured to cooperate with the groove on the second edge of the first pair of opposite edges of another such panel in order to achieve a vertical interlocking between the respective edges (see Fig. 2); and wherein the downwardly directed locking groove is configured to cooperate with the upwardly directed locking element on the second edge of the first pair of opposite edges of another such panel in order to achieve a horizontal interlocking between the respective edges (see Fig. 2); wherein the first edge of the first pair of opposite edges has a first substantially vertical contact face (see Fig. 1 above); the second edge of the first pair of opposite edges has a second substantially vertical contact face (see Fig. 2 above); in a coupled position of the first edge of the first pair of opposite edges of the panel and the second edge of the first pair of opposite edges of another such panel, the first substantially vertical contact face of the panel makes contact with the second substantially vertical contact face of the other such panel (see Fig. 2); the coupling part of the second edge has a nose situated under the second substantially vertical contact face (see Fig. 1 reproduced above), wherein the nose projects further from the second edge than the second substantially vertical contact face (see Fig. 1); the coupling part of the first edge has an undercut under the first substantially vertical contact face (see Fig. 1 above); wherein the nose is configured to cooperate with the undercut on the first edge of another such panel in order to achieve a vertical interlocking between the respective edges (see Fig. 2, generally), but does not disclose wherein the panel has a substrate, said substrate comprises wood. Devos teaches a building panel having a wood substrate (paragraph 55). It would have bene obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce the panel with a wood substrate for its flexibility and insulative properties, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin,125 USPQ 416.
Regarding claim 16, Becker discloses a building panel but does not specifically disclose wherein the panel is couplable to another such panel on the first pair of edges via said rotating movement and on the second pair of edges via said downward movement, wherein the downward movement is the result of the rotating movement. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that, during insertion, a turning movement can be used and, subsequently, a downward movement, depending on the positioning of a user. The phrase “couplable to another such panel on the first pair of edges via said rotating movement and on the second pair of edges via said downward movement, wherein the downward movement is the result of the rotating movement” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 17, Becker discloses a building panel wherein an underside of the undercut (angled surface portion) is completely defined by a part of a top side of the tongue (see Fig. 1 reproduced above).
Regarding claim 18, Becker discloses a building panel wherein the nose is configured to cooperate with the undercut and the tongue of the first edge of the first pair of opposite edges of another such panel in order to achieve a vertical interlocking between the respective edges (see Fig. 2, generally).
Regarding claim 19, Becker discloses a building panel wherein, in the coupled position of the first edge of the panel and the second edge of another such panel, a top side of the nose of the other such panel makes contact with a top side of the undercut of the first edge of the panel; and an underside of the nose of the other such panel makes contact with a top side of the tongue of the first edge of the panel, resulting in a vertical interlocking of the two coupled edges (see Fig. 2, generally).
Regarding claim 20, Becker discloses a building panel but does not disclose wherein the substrate comprises wood particles and a binder for joining the wood particles together. Devos teaches a building panels comprising wood particles (paragraph 55). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize wood fibers or particles within the substrate depending on the availability of materials and for the desirable properties of wood, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin,125 USPQ 416. It would also be obvious that a material comprised of fibers would require a binder to form a building panel.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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