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, 3, 12, 13, 14 and 22 are objected to because of the following informalities: In claim 1, line 15, “in coupled condition” should recite “in a coupled condition”.
Claims 3, 12, 13, 14 and 22 also recite “in coupled”, Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-23 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 5 of prior U.S. Patent No.12,359,444. This is a statutory double patenting rejection.
Regarding claim 1, the limitations of claims 1 and 5 of ‘444 are substantially similar to claim 1 of the instant application.
Claims 2-23 are substantially similar to claims 2, 3, 4, 1, and 6-23, respectively, of ‘444.
Allowable Subject Matter
Claim 1 would be allowable if the above double patenting issues are resolved. No prior art of record discloses a panel with two profiles, the first profile and second are configured for coupling by downward insertion and lock in both vertical and horizontal, the first profile has a upward tongue, the second has a downward tongue, an interlocking surface area of the upward tongue is partially inclined upwardly towards the first edge, the interlocking area of the downward tongue is inclined upward away from the second side edge, the interlocking surface areas of a upward tongue and downward tongue each comprise an upper area section and at least one lower area section that are adjacent, which section comprises a crease between the upper and lower adjacent sections, proximal to the crease, the upper area section and the lower area section are inclined differently under an inclination angle which is measured relative to an upward vertical vector of the panel such that the inclination angle of the upper area section is smaller than the inclination angle of the adjacent lower area section, the inclination angle of the upper area section of the interlocking surface area of the upward tongue is in the range of 1 to 5 degrees and the inclination angle of the upper area section of the interlocking surface area of the downward tongue is in the range of 1 to 5 degrees.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633
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