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 .
This non-final Office action is in response to Applicant’s continuing patent application number 19/070,628 filed on 3/5/2025.
Currently, claims 4-23 are pending and examined.
Claims 1-3 have been cancelled.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/19/2025; 4/29/2025; 5/8/2025; 6/9/2025; 2/27/2026; 3/7/2026 and 4/23/2026 are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: page 1, line 4; after “2023” should be added “now U.S. Patent No. 12,264,482”.
Appropriate correction is required.
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 4-23 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.
Re claim 4, line 7; a citation “the core groove” does not have a proper antecedent basis, unless the Applicant meant “the at least two core grooves”? Correction is required. Claims 5-23 depending upon the rejected claim 4 are also rejected.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 4-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,228,482; over claims 1-18 of U.S. Patent No. 11,781,323; over claims 1-20 of U.S. Patent No. 11,002,022; over claims 1-19 of U.S. Patent No. 9,840,849; over claims 1-19 of U.S. Patent No. 9,556,623; over claims 1-8 of U.S. Patent No. 9,140,010. Although the claims at issue are not identical, they are not patentably distinct from each other because all structures of the instant claims are structurally encompassed within the patented claims.
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.
Claim(s) 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 6,895,881 to Whitaker.
Re claim 4: Whitaker discloses floor panels 1, 2 each floor panel comprising a core (i.e. wherein near 5 points to, Fig. 1), wherein the core comprises a plastic material (see Abstract or col. 3, lines 43-44), wherein at least two core grooves 6 are provided in a rear side of the floor panels 1, 2 with an opening towards the rear side, wherein an area (near 5 points to) of the rear side is less than about 80% of a surface area (i.e. wherein 1 points to) of the floor panels 1, 2, and wherein the core grooves 6 are separated by a horizontally extending space (i.e. a portion between wherein 6 points to), the horizontally extending space being at least about 0.2 times a floor thickness of the floor panels 1, 2 (as shown in Fig. 1).
Re claims 5, 6: wherein the horizontally extending space (a portion between wherein 6 points to, Fig. 1) is about 0.2 - 1.0 times the floor thickness of the floor panels 1, 2; wherein the horizontally extending space is arranged in the rear side of the floor panels 1, 2.
Re claims 7, 8: wherein a core groove depth is at least 0.1 or 0.1-0.5 times the floor thickness of the floor panels 1,2 (Fig. 1).
Alternatively, claim(s) 4-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 11,725,398 to Josefsson et al. (‘Josefsson’).
Re claim 4: Josefsson discloses floor panels, each floor panel 1 comprising a core 4 (col. 1, line 34), wherein the core comprises a plastic material (col. 1, line 32), wherein at least two core grooves 10 are provided in a rear side of the floor panels 1 with an opening towards the rear side 5, wherein an area of the rear side 5 is less than about 80% of a surface area (i.e. wherein 1 points to) of the floor panels 1 and wherein the core grooves 10 are separated by a horizontally extending space (i.e. a portion between grooves 10), the horizontally extending space being at least about 0.2 times a floor thickness T1 of the floor panels 1 (as shown in Figs. 1a, 1c).
Re claims 5, 6: wherein the horizontally extending space (a portion between grooves 10, Fig. 1a) is about 0.2 - 1.0 times the floor thickness T1 of the floor panels 1; wherein the horizontally extending space is arranged in the rear side 5 of the floor panels 1.
Re claims 7, 8: wherein a core groove depth is at least 0.1 or 0.1-0.5 times the floor thickness T1 of the floor panels 1 (Fig. 1a).
Re claims 9, 10, 11: wherein opposing walls of the core grooves 10 comprise a vertically tapering portion (Fig. 1a or 1b), the vertically tapering portion extending along a longitudinal direction of the floor panels 1 and/or along a transverse direction of the floor panels 1; wherein the vertically tapering portion is planar (Fig. 1a); wherein the vertically tapering portion is curved (Fig. 1e).
Re claims 12, 13: wherein the vertically tapering portion is a vertically inner portion of the core grooves 10 (Fig. 1a); wherein the vertically tapering portion is a vertically outer portion of the core grooves (Fig. 1a or 1b).
Re claim 14: wherein the entire opposing walls of the core grooves 10 continuously taper from the rear side 5 to a vertically inner portion of the core grooves 10 (Fig. 1a).
Re claim 15: wherein at least one core groove 10 (i.e. near a tongue, Fig. 1a) is arranged horizontally inside of a horizontally outermost edge portion of the rear side 5, such that said horizontally outer edge portion provides a lower support surface.
Re claim 16: wherein the core grooves 10 extend discontinuously (i.e. near a tongue, Fig. 1a) along the rear side 5.
Re claim 17: further comprising a vertical locking system 7/9 (Fig. 6b) and/or a horizontal locking system for locking adjacent edges of the floor panels 1.
Re claim 18: wherein a groove length (i.e. wherein TV points to, Fig. 6b) of the core grooves 10 is smaller than a distance between locking systems 7/9 arranged at a pair of opposite edges 1a/1b of the floor panels 1 (Fig. 6b).
Re claim 19: wherein the floor panels 1 are rectangular (Fig. 6a) with long edges 1a and short edges 1b, and wherein the core grooves 10 are essentially parallel with the long edges 1a.
Re claim 20: wherein the floor panels 1 further comprise a surface layer 2.
Re claim 21: wherein the surface layer 2 comprises a thermoplastic material (col. 10, lines 44-45).
Re claims 22, 23: wherein the core 4 comprises a thermoplastic material (col. 10, line 27) or a thermosetting resin (col. 10, lines 57-58).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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