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
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 and 3-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roy et al. (U.S. Patent Publication No. 2014/0215946).
Regarding claim 1, Roy et al. discloses a panel (10, Figs. 3A- 7 ) having the shape of a plank or a tile for the production of a floor covering, the panel (10) comprising two pairs of opposed sides (20a, 20b) defining two opposed edges for inclined assembly (20), wherein one edge comprises male coupling means (20b) provided from a lateral wall of the panel (10), and an opposed edge comprising complementary female coupling means (20a) provided from a lateral wall of the panel (10); two opposed edges for vertical assembly (20), wherein one edge comprises male coupling means (20b) provided from a lower face of the panel (10), and an opposed edge comprising complementary female coupling means (20a) provided from an upper face of the panel (10); characterized in that the male coupling means (20b) of the edges for vertical assembly (20) comprise two parallel grooves (22, Fig. 7) extending along the edge and opening onto the lower face of the panel (10), in a manner such as to define an inner male groove (22), an outer male groove (22), an inner male tenon (24), and an outer male tenon (24); the female coupling means (20a) of the edges for vertical assembly (20) comprise two parallel grooves (22, Fig. 7) extending along the edge and opening onto the upper face of the panel, so as to define an inner female groove (22), an outer female groove (22), an inner female tenon (24), and an outer female tenon (24); the male coupling means (20b) of the edges for vertical assembly (20) comprise two lugs (Lugs, Reproduced Fig. 7) and/or notches (Notches) and the corresponding female coupling means (20a) comprise two complementary notches (Notches) and/or lugs (Lugs) which, after assembly of two adjacent panels, form abutment stops to counteract a vertical displacement between two adjacent assembled panels.
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Regarding claim 3, Roy et al. discloses that the outer male (24) and female (24) tenons have thicknesses equal to the thicknesses of the inner male (24) and female (24) tenons.
Regarding claim 4, Roy et al. discloses that the male (24) and female (24) tenons are inclined at least along the side surfaces) with respect to the vertical and towards the outside of the panel (10).
Regarding claim 5, Roy et al. discloses that the male (24) and/or female (24) tenons are inclined at the same angle (Fig. 7). The Examiner considers the tenons to have the same inclination whether it is zero degrees or 180 degrees.
Regarding claim 6, Roy et al. discloses that the male (24) and/or female (24) tenons are inclined at an angle comprised between 10 and 450 (Fig. 7).
Regarding claim 7, Roy et al. discloses that the lugs (lugs) or notches (notches) are provided on an outer wall of the outer male (24) and/or female (24) tenon, and in a complementary manner, on an inner wall of the inner female (22) and/or male (22) groove (Fig. 7).
Regarding claim 8, Roy et al. discloses that the lugs (Lugs, Reproduced Fig. 7) or notches (Notches) are provided on an outer wall of the inner male tenon (24), and in a complementary manner, the notches (Notches) or lugs (Lugs) are provided on an outer wall of the inner female tenon (24).
Regarding claim 9, Roy et al. discloses that the male (22) and female (22) grooves of the edges for vertical assembly (20) have outer walls intended to be in contact two by two after assembly of two adjacent panels (10, Figs. 7).
Regarding claim 10, Roy et al. discloses that the male coupling means (20b) of the edges for inclined assembly (20) comprise a tongue (10b) which protrudes from the lateral wall of the panel (10) and over the entire length of the edge, and the female coupling means (20a) of the edges for inclined assembly (20) comprise a complementary groove (approximate Notch, Fig. 7) provided in the lateral wall of the panel (10) and over the entire length of the edge.
Regarding claim 11, Roy et al. discloses that the tongue (10b) comprises a lug (24) which protrudes vertically, and the complementary groove (Notch) comprises a complementary notch (22) which, after assembly of two adjacent panels (10), forms abutment stops to counteract a horizontal displacement between two adjacent assembled panels (10).
Regarding claim 12, Roy et al. discloses that the groove (Notch) defines a flexible lower female tongue (10a, Para [0018]) which is intended to be moved away from the upper face of the panel (10) during inclined engagement of the tongue (10b) of the male coupling means (20b), then to resume its position after engagement in order to increase the resistance of the two adjacent assembled panels (10) to vertical and horizontal uncoupling.
Regarding claim 13, Roy et al. discloses that the groove (Notch) defines a flexible lower female tongue (10a) which is intended to be moved away from the upper face of the panel (10) during inclined engagement of the tongue (10b) of the male coupling means (20b) then to resume its position after engagement in order to increase the resistance of the two adjacent assembled panels (10) to vertical and horizontal uncoupling.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roy et al. (U.S. Patent Publication No. 2014/0215946) in view of Ceysson et al. (U.S. Patent No. 9,938,727).
Regarding claim 2, Roy et al. discloses that the outer female tenon (24) as set forth above, but does not disclose the female tenon comprises a chamfered portion at the lower face of the panel (10) and forming an angle of comprised between 2 and 20 degrees with respect to the lower face of the panel (10), the chamfered portion (10) enabling the outer female tenon (24) to drop down during assembly of two adjacent panels (10) in order to come into contact with the floor by deformation. However, Ceysson et al. teaches that it is known to have a floor panel (1. Fig. 2) having a female tenon (approximate 3) comprising a chamfered portion (13) at the lower face of the panel (1) and forming an angle between 2 and 20 degrees with respect to the lower face of the panel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the floor panels disclosed by Roy et al. to have a chamfered portion at the lower face of the panel that gives rise to a reduction in the clipping force to make it easier to assemble two adjacent panels as well as enable the outer female tenon to drop down during assembly of adjacent panels in order to come into contact with floor by deformation.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roy et al. (U.S. Patent Publication No. 2014/0215946).
Regarding claim 14, Roy et al. discloses that the male (24) and/or female (24) tenons are inclined at an angle but does not disclose the angle being between 5° and 15°. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the inclined angle of the male or female tenons to be between 5° and 15° to help facilitate the secure connection between panels, 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. There would be no new or unpredictable results achieved from specifying an angle range that helps to optimize a connection between two members.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/ Examiner, Art Unit 3633
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