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 12/26/24 and 8/6/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,180,717. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed invention of ‘717 essentially anticipates the instantly claimed invention.
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.
Claims 1-2, 6-9, 11-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over DeRick et al., US 2019/0017278 in view of Pervan, US 2008/0110125.
Regarding claim 1:
DeRick discloses a joining system for floor panels comprising a female coupling formed in a first floor panel and a male coupling formed in a second floor panel, the female coupling comprising:
a female coupling recess (14) being arranged on a female coupling tongue (10) protruding away from a main portion
the female coupling further comprises an upper guiding surface (25) being located on a side of the female coupling recess on the first panel forming a guide for the male coupling tongue upon insertion thereof, limiting movement of said male coupling tongue in a horizontal direction towards the main portion of the first floor panel;
the male coupling comprising:
the male coupling tongue (17) formed in one piece in the second floor panel, the male coupling being provided with vertical locking means (23) enabling a vertical interlocking engagement with a matching vertical locking means of the female coupling, wherein
the female coupling tongue is resilient and comprises a distally arranged locking protrusion (13) protruding from the female coupling tongue in a direction towards the main floor surface plane and being arranged to be received in a groove in the second panel for horizontal locking of the panels, wherein the locking protrusion is configured to come into contact with the male coupling tongue during joining of the first and second panels, the female coupling tongue further comprising a lower recess (45), enabling the locking protrusion of the female coupling tongue to be depressed during joining of the panels,
the joining system further comprises:
a coupling release channel (56) being arranged between the locking protrusion and an upper surface in the groove in the second panel, such that a coupling release tool placeable in the coupling release channel can engage the female coupling tongue, to depress the female coupling tongue to release the horizontal locking from the locking protrusion and/or to release the vertical locking means.
DeRick also discloses the inclined abutment surfaces.
Although DeRick does not expressly disclose a release tool, the channel is capable of receiving a tool therein to depress the female coupling tongue to release the horizontal locking from the locking protrusion.
DeRick appears to disclose the relative male coupling tongue protrusion length but does not expressly disclose the male coupling tongue protrusion length.
Pervan discloses wherein the male coupling tongue has a protrusion length, measured from a bottom surface of the male coupling tongue to the upper surface of the groove in the second floor panel of between 10% and 40% of a thickness of the second floor panel (para. 0113 and Fig. 11c – “the locking element 8 (corresponding to the male coupling tongue) extends from the lowest point of the locking strip 6 about 0.2 times the floor thickness T”. 0.2 times corresponds to 20% falling between 10% and 40%).
Before the effective filing date of the invention, it would have been obvious to provide the relative male coupling protrusion length as specified by Pervan for the male coupling tongue of DeRick in order to increase the friction of the connection (suggest by paragraph 0113 of Pervan).
Regarding claim 2:
DeRick discloses wherein the lower recess extends from a distal surface of the female coupling tongue, the recess having a greater extension than the width of the locking protrusion (refer to Fig. 6).
Regarding claim 6:
DeRick discloses wherein the first panel comprises a support surface (19) being configured to cooperate with a support surface (21) on the second panel to provide a vertical support when the first and second panel are connected.
Regarding claim 7:
DeRick discloses wherein the male coupling tongue (17) is rigid and non-resilient.
Regarding claim 8:
DeRick discloses wherein the second panel further comprises an upper joint surface adjoining the support surface, the upper joint surface being configured to abut against an upper joint surface on the first panel when the first and second panels are joined together (41 and 42).
Regarding claim 9:
DeRick discloses wherein the support surface and the joint surface on the second panel together form a protrusion (21) which corresponds to a recess, formed by the support surface and the upper joint surface on the first panel.
Regarding claim 11:
DeRick discloses wherein the male coupling tongue (17) comprises a bottom surface (30) configured to face a female coupling recess bottom surface (31), and wherein the shape of the bottom surface corresponds to the shape of the female coupling recess bottom surface.
Regarding claim 12:
DeRick discloses wherein a horizontal channel (55) is provided between the female coupling tongue and a main portion of the second panel, wherein the horizontal channel enables horizontal movement of the female coupling tongue.
Regarding claim 15:
DeRick further discloses an inclined abutment surface (24) provided on the locking protrusion of the female coupling tongue for abutment against the male coupling tongue, wherein
the floor panel further comprises a first male coupling formed along a side parallel to the at least one first side of the floor panel, for interconnecting the floor panel to a female coupling of a third floor panel, the male coupling comprising:
a male coupling tongue (9) projecting from the floor panel in a direction away from a main floor surface plane in which the floor panels are laid, the male coupling tongue being formed in one piece in the floor panel, wherein the male coupling is provided with vertical locking means enabling a vertical interlocking engagement with the matching vertical locking means of the female coupling of the third floor panel,
a groove in the floor panel being arranged to receive the distally arranged locking protrusion protruding from the female coupling tongue for horizontal locking of the panels,
wherein the male coupling is configured for release from the third floor panel by sliding the two panels in the longitudinal direction of the male coupling in relation to one another or by pivoting the floor panel in relation to the third floor panel, wherein the male coupling comprises:
an inclined abutment surface provided on the male coupling tongue for abutment with the locking protrusion of the female coupling tongue of the third floor panel,
DeRick appears to disclose the relative male coupling tongue protrusion length but does not expressly disclose the male coupling tongue protrusion length.
Pervan discloses wherein the male coupling tongue has a protrusion length, measured from a bottom surface of the male coupling tongue to the upper surface of the groove in the second floor panel of between 10% and 40% of a thickness of the second floor panel (para. 0113 and Fig. 11c – “the locking element 8 (corresponding to the male coupling tongue) extends from the lowest point of the locking strip 6 about 0.2 times the floor thickness T”. 0.2 times corresponds to 20% falling between 10% and 40%).
Before the effective filing date of the invention, it would have been obvious to provide the relative male coupling protrusion length as specified by Pervan for the male coupling tongue of DeRick in order to increase the friction of the connection (suggested by paragraph 0113 of Pervan).
PNG
media_image1.png
384
565
media_image1.png
Greyscale
Claims 1-2, 4-5 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Boucke et al., US 2020/0063443 in view of Pervan, US 2008/0110125.
Regarding claims 1 and 15:
Boucke discloses a joining system for floor panels comprising a female coupling (403) formed in a first floor panel and a male coupling (404) formed in a second floor panel, the female coupling comprising:
a female coupling recess (409) being arranged on a female coupling tongue (405) protruding away from a main portionadjoining second floor panel, the female coupling recess being adapted to receive a male coupling tongue (410) projecting from the adjoining second floor panel in a direction away from a main floor surface plane in which the floor panels are laid,
the female coupling further comprises an upper guiding surface (405b) being located on a side of the female coupling recess on the first panel forming a guide for the male coupling tongue upon insertion thereof, limiting movement of said male coupling tongue in a horizontal direction towards the main portion of the first floor panel;
the male coupling comprising:
the male coupling tongue (410) formed in one piece in the second floor panel, the male coupling being provided with vertical locking means (440) enabling a vertical interlocking engagement with a matching vertical locking means (441) of the female coupling, wherein
the female coupling tongue is resilient and comprises a distally arranged locking protrusion (405) protruding from the female coupling tongue in a direction towards the main floor surface plane and being arranged to be received in a groove in the second panel for horizontal locking of the panels, wherein the locking protrusion is configured to come into contact with the male coupling tongue during joining of the first and second panels, the female coupling tongue further comprising a lower recess (432), enabling the locking protrusion of the female coupling tongue to be depressed during joining of the panels,
the fold-down joining system configured for release by sliding the two panels in a longitudinal direction of the joining system or by pivoting the second floor panel in relation to the first floor panel, wherein the joining system further comprises:
an inclined abutment surface provided on the male coupling tongue for abutment with the locking protrusion of the female coupling tongue;
Boucke appears to disclose the relative male coupling tongue protrusion length but does not expressly disclose the male coupling tongue protrusion length.
Pervan discloses wherein the male coupling tongue has a protrusion length, measured from a bottom surface of the male coupling tongue to the upper surface of the groove in the second floor panel of between 10% and 40% of a thickness of the second floor panel (para. 0113 and Fig. 11c – “the locking element 8 (corresponding to the male coupling tongue) extends from the lowest point of the locking strip 6 about 0.2 times the floor thickness T”. 0.2 times corresponds to 20% falling between 10% and 40%).
Before the effective filing date of the invention, it would have been obvious to provide the relative male coupling protrusion length as specified by Pervan for the male coupling tongue of Boucke in order to increase the friction of the connection (suggested by paragraph 0113 of Pervan).
PNG
media_image2.png
404
1180
media_image2.png
Greyscale
Regarding claim 2:
Boucke discloses wherein the lower recess extends from a distal surface of the female coupling tongue, the recess having a greater extension than the width of the locking protrusion (d in Fig. 4b).
Regarding claim 4:
Boucke discloses wherein the inclined abutment surface on the male coupling tongue is arranged at an angle in relation to a plane parallel with the main floor surface plane, wherein the angle of the inclined abutment surface on the male coupling tongue is equal to or larger than an angle between a lower inclined surface on the vertical locking means of the first panel and a plane parallel with the surface plane (refer to Fig. 4b, A2 > A1).
Regarding claim 5:
Boucke discloses wherein the locking protrusion further comprises an inclined abutment surface arranged between an essentially vertical abutment surface on the female locking tongue and the top surface of the female locking tongue, the essentially vertical abutment surface cooperating with an abutment surface on the male coupling tongue to prevent horizontal movement of the panels away from each other.
PNG
media_image3.png
304
592
media_image3.png
Greyscale
Regarding claims 16 and 17:
Boucke discloses a floor panel as set forth above. Further, Boucke discloses second female couplings and second male couplings as claimed. Perpendicular edges of Boucke have the same couplings as shown in Fig. 7e.
Conclusion
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRENT W HERRING/Primary Examiner, Art Unit 3633
Prosecution Insights