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 Objections
Claims 1-10 are objected to for the following informalities:
With regard to claim 1: Lines 8-9 of the claim, it appears the limitation “the combining groove” should be --the at least one combining groove-- for consistency of the claim language.
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.
Claim(s) 7-10 is/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.
With regard to claim 7: Lines 5-6 of the claim, the limitation “the stair portion” lacks sufficient antecedent basis. There is a stair portion located on each of the end surfaces, and it is unclear to which stair portion is being referred to. For the purposes of examination, the limitation will be interpreted as “the respective stair portion”.
With regard to claim 8: Lines 7-8 of the claim, the limitation “the stair portion” lacks sufficient antecedent basis. There is a stair portion located on each of the end surfaces, and it is unclear to which stair portion is being referred to. For the purposes of examination, the limitation will be interpreted as “the respective stair portion”.
With regard to claim 9: Line 4 of the claim, the limitation “the stair portion” lacks sufficient antecedent basis. There is a stair portion located on each of the end surfaces, and it is unclear to which stair portion is being referred to. For the purposes of examination, the limitation will be interpreted as “the respective stair portion”.
With regard to claim 10: Line 4 of the claim, the limitation “the stair portion” lacks sufficient antecedent basis. There is a stair portion located on each of the end surfaces, and it is unclear to which stair portion is being referred to. For the purposes of examination, the limitation will be interpreted as “the respective stair portion”.
Claims 7-10 are examined as best understood.
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) 1-2, 4 and 6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (WO 2009/132235 A2).
With regard to claim 1: Liu discloses an interlocking splicing floor panel (figs. 1 and 3) comprising:
a base material main body (106) having a plurality of end surfaces (at left and right sides) and at least one combining groove (A) formed on the plurality of end surfaces (at left and right sides), each of the end surfaces (at left and right sides) being formed with a stair portion (B) (fig. 1); and
an edge sealing structure (102, 104) disposed on the plurality of end surfaces (left and right surfaces) of the base material main body (106), the edge sealing structure (102, 104) having a rib portion (received by the at least one combining groove A) formed on an inside surface of the edge sealing structure (102, 104), and an interlocking member (tongue M and groove N) formed on an outside surface of the edge sealing structure (102, 104), the rib portion (received by the at least one combining groove A) being embedded in the at least one combining groove (A) of the base material main body (106) (fig. 1; abstract; par. [0028]).
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Fig. 1: Liu (WO 2009/132235 A2)
With regard to claim 2: Liu discloses that the base material main body (106) further has a top surface and a bottom surface (fig. 1); the top surface is provided with a first decoration plate (printed paper with plastic wear layer 100) (fig. 1; par. [0025]); the bottom surface is provided with a second decoration plate (108) (fig. 1).
With regard to claim 4: Liu discloses that the edge sealing structure (102, 104) is combined to the plurality of end surfaces of the base material main body through polyvinyl acetate (PVAc) adhesives (par. [0027]), which is capable of use in hot melt adhesive formulations.
The “hot melt process” is considered a product by process limitation.
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Marosi, 710 F.2d 799, 218 USPQ 289 (Fed. Cir. 1983) and In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). See also MPEP § 2113.
With regard to claim 6: Liu discloses that the interlocking member (tongue M and groove N) of the edge sealing structure (102, 104) has a first interlocking portion (M or N) and a second interlocking portion (the other of M or N), the first interlocking portion (M or N) and the second interlocking portion (the other of M or N) are disposed on the end surfaces on two long sides (at the left and right sides) of the base material main body (106) respectively (fig. 1).
Liu discloses that the edge sealing structure (102, 104) may be placed on all four lateral sides of the interlocking splice floor panel (par. [0030]). Accordingly, Liu discloses a third interlocking portion (M or N), and a fourth interlocking portion (the other of M or N); the third interlocking portion (M or N) and the fourth interlocking portion (the other of M or N) are disposed on the end surfaces on two short sides of the base material main body (106) respectively (fig. 1).
With regard to claim 7: Liu discloses that the first interlocking portion (104) is formed with a first extending strip (below N), a first protruding strip (above N), and a first interlocking groove (N); the first extending strip (below N) extends and protrudes outwardly from an edge of the first interlocking portion (104) corresponding (extending in longitudinally in the same direction) in position to the respective stair portion (B) (fig. 1); the first protruding strip (above N) is formed at a position of the first interlocking portion (104) corresponding (extending longitudinally in the same direction) to the respective stair portion (B); the first interlocking groove (N) is formed between the first protruding strip (above N) and an outside surface (bottom surface) of the first interlocking portion (104) (fig. 1). Note that one of the interlocking portions of Lui on each of the long sides and shorts sides would have the structure of 104 (par. [0030]).
With regard to claim 8: Liu discloses that the second interlocking portion (104) is formed with a second extending strip (below N), a second protruding strip (above N), and a second interlocking groove (N); the second extending strip (below N) extends and protrudes outwardly from a position adjacent to a bottom side of the second interlocking portion (104); the second protruding strip (above N) is formed at an end of the second extending strip (below N); the second interlocking groove (N) is formed between the second extending strip (below N) and a position (at the top surface) of the second interlocking portion (103) corresponding (extending longitudinally in the same direction) to the respective stair portion (B) (fig. 1). Note that one of the interlocking portions of Lui on each of the long sides and shorts sides would have the structure of 104 (par. [0030]).
With regard to claim 9: Liu discloses that the third interlocking portion (104) is formed with a third extending strip (below N), a third protruding strip (above N), and a third interlocking groove (N); the third extending strip (below N) extends and protrudes outwardly from a position of the third interlocking portion (N) adjacent to the respective stair portion (B) (fig. 1); the third protruding strip (above N) is formed at an end of the third extending strip (below N); the third interlocking groove (104) is formed between the third protruding strip (above N) and an outside surface (bottom surface) of the third interlocking portion (104). Note that one of the interlocking portions of Lui on each of the long sides and shorts sides would have the structure of 104 (par. [0030]).
With regard to claim 10: Liu discloses that the fourth interlocking portion (104) is formed with a fourth extending strip (below N), a fourth protruding strip (above N), and a fourth interlocking groove (N); the fourth extending strip (below N) extends and protrudes outwardly (upwardly and away) from a position of the fourth interlocking portion (N) adjacent to the respective stair portion (B) (fig. 1); the fourth protruding strip (above N) is formed at an end (left end) of the fourth extending strip (below N); the fourth interlocking groove (N) is formed between the fourth protruding strip (above N) and an outside surface (bottom surface) of the fourth interlocking portion (104) (fig. 1). Note that one of the interlocking portions of Lui on each of the long sides and shorts sides would have the structure of 104 (par. [0030]).
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2009/132235 A2).
With regard to claim 3: Liu discloses that the first decoration plate (printed paper with plastic wear layer) is applied on a surface thereof with a waterproof coating (plastic wear layer) (fig. 1; par. [0025]). Note that the plastic wear layer is considered functionally equivalent to a coating.
Liu does not disclose that the second decoration plate is applied on a surface thereof with a waterproof coating. However, Liu discloses that the second decoration plate (108) may be other moisture resistant thin material (par. [0029]).
It would have been obvious to one of ordinary skill in that art before the effective filing date of the claimed invention to modify the interlocking splicing floor panel of Liu to the have the second decoration plate be of the same material as the first decoration plate comprising a printed paper with a plastic wear layer in order to provide a known material for mitigating water intrusion. No new or unpredictable results would be substituting the second decoration plate of Liu with another moisture resistant thin material. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2009/132235 A2) in view of Garcilita Guerrero et al. (US 2025/0304753 A1).
With regard to claim 5: Liu does not disclose material of the edge sealing structure is polypropylene-random (PPR).
However, Garcilita Guerrero et al. discloses an edge sealing structure (60, 70) of a panel (10) comprising polypropylene-random (random copolymer polypropylene) (fig. 1; par. [0179] and [0193]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the interlocking splicing floor panel of Liu to have the edge sealing structure be comprised of PPR such as taught by Garcilita Guerrero et al. yielding the predictable results of providing a known material that is resistant to moisture for to mitigate decay. No new or unpredictable results would be obtained from substituting the edge sealing material of Liu for another known edge sealing material such as taught by Garcilita Guerrero et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited are directed to interlocking panels.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633
