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 § 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) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kell, U.S. Patent Application Publication 2014/0033633.
Regarding claim 1, Kell discloses a floor panel comprising: a centrally located core (central planar section of 10) provided with an upper side and a lower side (14, 16, respectively), which core defines a plane (at 14); at least one first coupling part and at least one second coupling part (see Fig. 1a reproduced below) connected respectively to opposite edges of the core, which first coupling part comprises: an upward tongue (see Fig. 1a reproduced below); at least one upward flank (see Fig. 1a reproduced below) lying at a distance from the upward tongue, and an upward groove (see Fig. 1a reproduced below) formed in between the upward tongue and the upward flank wherein the upward groove is adapted to receive at least a part of a downward tongue of the second coupling part of an adjacent panel (see Fig. 1a, generally); wherein at least a part of the upward flank is provided with at least one fourth locking element (see Fig. 1a reproduced below) adapted for co-action with at least one third locking element of an adjacent panel, and wherein at least a part of a proximal side of the upward tongue, facing the upward flank, is upwardly inclined towards the upward flank (see Fig. 1a); which second coupling part comprises: a downward tongue (see Fig. 1a reproduced below); at least one downward flank (see Fig. 1a reproduced below) lying at a distance from the downward tongue; and a downward groove (see Fig. 1a reproduced below) formed in between the downward tongue and the downward flank, wherein the downward groove is adapted to receive at least a part of an upward tongue of a first coupling part of an adjacent panel (see Fig. 1a, generally), wherein a part of a side of the downward tongue facing away from the downward flank is provided with at least one third locking element (see Fig. 1a reproduced below) adapted for co-action with at least one fourth locking element of an adjacent panel, wherein at least a part of a proximal side of the downward tongue, facing the upward flank, is downwardly inclined towards the downward flank (see Fig. 1a reproduced below), wherein the first coupling part and the second coupling part are configured such that in coupled condition a pretension is existing (paragraph 189), which forces the respective panels at the respective edges towards each other to secure a tight seam between the panels, wherein this is performed by applying overlapping contours of the downward tongue and the upward groove and/or overlapping contours of the upward tongue and the downward groove, and wherein the first coupling part and the second coupling part are configured such that the two of such panels can be coupled to each other by means of a vertical movement, wherein, in coupled condition, at least a part of the downward tongue of the second coupling part is inserted in the upward groove of the first coupling part, such that the downward tongue is clamped by the first coupling part and/or the upward tongue is clamped by the second coupling part (see Fig. 1b, generally), and wherein a distal side of the downward tongue and the upward flank define contact surfaces for creating said tight seam between adjacent panels in coupled condition, wherein said contact surfaces are entirely positioned above a highest point of the upward tongue (adjacent to 14, see Fig. 1a, generally), but does not specifically disclose wherein the upward tongue is oversized with respect to the downward groove and/or wherein the downward tongue is oversized with respect to the upward groove. 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 upward tongue and the downward tongue oversized and of a compressible material for a secure lock of the coupling parts together.
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Regarding claim 2, Kell discloses a floor panel wherein said first coupling part comprises at least one first locking element, provided at a distant side of the upward tongue facing away from the upward flank (see Fig. 1a reproduced above), and wherein said second coupling part comprises at least one second locking element adapted for co-action with a first locking element of an adjacent panel, said second locking element being provided at the downward flank(see Fig. 1a reproduced above).
Regarding claim 3, Kell discloses a floor panel but does not specifically disclose wherein in a coupled state of adjacent panels, the upward tongue and the downward flank are in contact at mating surfaces immediately adjacent and below the coupled first locking element and the second locking element. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that, when the upward tongue is modified to be oversized, it will contact the flank adjacent and below the first locking element for a tighter lock between the floor panel coupling elements.
Regarding claim 4, Kell discloses a floor panel wherein a centerline of the third locking element and the fourth locking element (horizontal line) is positioned closer to an upper side of the panel than a centerline of the first locking element and the second locking element (horizontal line, see Figs. 1).
Regarding claim 5, Kell discloses a floor panel wherein the third locking element comprises a bulge and/or a recess, and wherein the fourth locking element comprises a recess and/or a bulge (see Fig. 1a reproduced above).
Regarding claim 6, Kell, as modified, discloses a floor panel wherein the width of the upward tongue is oversized with respect to the width of the downward groove (as modified in claim 1).
Regarding claim 7, Kell, as modified, discloses a floor panel having an oversized upward tongue, but does not specifically disclose wherein the maximum width of the upward tongue exceeds the maximum width of the downward groove. 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 tongue elements with a width greater than the groove elements for a tight and secure fit between the panel coupling elements.
Regarding claim 8, Kell discloses a floor panel wherein the seam defines a vertical plane, wherein the downward tongue is entirely situated at the same side of said vertical plane (see Figs. 1).
Regarding claim 9, Kell discloses a floor panel wherein the contact surface of said downward tongue defines an extremity of the second coupling part (uppermost portion, see Figs. 1).
Regarding claim 10, Kell discloses a floor panel wherein in coupled condition of adjacent panels, a distance is present in between said upward flank and said downward tongue directly below said co-acting contact surfaces (see Fig. 1b).
Regarding claim 11, Kell discloses a floor panel wherein said contact surfaces are entirely positioned above a highest point of the downward groove (see Fig. 1b).
Regarding claim 12, Kell, as modified, discloses a floor panel wherein the width of the downward tongue is oversized with respect to the width of the upward groove (as modified in claim 1).
Regarding claim 13, Kell, as modified, discloses a floor panel having an oversized downward tongue, but does not specifically disclose wherein the maximum width of the downward tongue exceeds the maximum width of the upward groove. 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 tongue elements with a width greater than the groove elements for a tight and secure fit between the panel coupling elements.
Regarding claim 14, Kell discloses a floor panel wherein the height of the downward tongue is equal to or smaller than the height of the upward groove (equal to, as shown in Fig. 1b).
Regarding claim 15, Kell, as modified, discloses a floor panel having an oversized upward tongue, but does not specifically disclose wherein the upward tongue is at least 3%, or at least 5% oversized with respect to the downward groove. 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 tongue elements with a width at least 3% greater than the groove elements for a tight and secure fit between the panel coupling elements, 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 16, Kell discloses a floor panel but does not specifically disclose wherein during coupling the upward tongue bends downwardly, and then returns in the direction of its initial position. 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 structural limitations are met, the coupling elements will perform in the same manner.
Regarding claim 17, Kell discloses a floor panel wherein the upper side of the upward tongue is inclined, and runs downward from the proximal side of the upward tongue, facing toward the upward flank, towards the distant side of the upward tongue, facing away from the upward flank (see Figs. 1).
Regarding claim 18, Kell discloses a floor panel wherein the first coupling part and the second coupling part are integrally formed with the core (see figures).
Regarding claim 19, Kell discloses a floor panel wherein the panel comprises at least one third coupling part and at least one fourth coupling part connected respectively to opposite edges of the core (see Fig. 1a reproduced below; paragraph 175 states same structure along two sides), wherein the third coupling part comprises: a sideward tongue extending in a direction substantially parallel to the upper side of the core, at least one second downward flank lying at a distance from the sideward tongue, and a second downward groove formed between the sideward tongue and the second downward flank, wherein the fourth coupling part comprises: a second groove configured for accommodating at least a part of the sideward tongue of the third coupling part of an adjacent panel, said second groove being defined by an upper lip and a lower lip, wherein said lower lip is provided with an upward locking element (see Fig. 1a reproduced below), wherein the third coupling part and the fourth coupling part are configured such that two of such panels can be coupled to each other by means of a turning movement (the panels may be turned at a point during the process of insertion), wherein, in coupled condition: at least a part of the sideward tongue of a first panel is inserted into the second groove of an adjacent, second panel, and wherein at least a part of the upward locking element of said second panel is inserted into the second downward groove of said first panel (as shown in Fig. 1b).
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Regarding claim 20, Kell discloses a floor panel wherein the third coupling part and the fourth coupling part are configured such that a coupled condition is substantially free of pretension between the third coupling part and the fourth coupling part (for example paragraph 189; as the structural limitations have been met).
Regarding claim 21, Kell discloses a floor covering comprising a plurality of mutually coupled panels according to claim 1 (see Figs. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GISELE D FORD whose telephone number is (571)270-7326. The examiner can normally be reached M-T,Th-F 7:30am-4:30pm.
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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