Office Action 2: Notice of Allowance (2025-03-05)

CLAIMS:
AMENDMENTS TO THE CLAIMS:

The following listing of claims will replace all prior versions and listings of claims in this application.

LISTING OF CLAIMS:

1-12. (Canceled)211

13\. (Currently Amended) A set of building panels, comprising:a first mechanical locking system at respective first and second opposite edges, the first mechanical locking system comprising at one of the first or second opposite edges a tongue groove configured to receive a locking tongue of the other of the first or second edges by a folding displacement of the locking tongue for vertical locking of adjacent essentially identical panels in an assembled position, said locking tongue comprising an essentially horizontal and/or upwards-facing upper surface; and
a second mechanical locking system on respective third and fourth opposite edges, the second mechanical locking system comprising at one of the third or fourth edges a wedge groove configured to receive a displaceable locking tongue by a vertical displacement of the wedge groove, for vertical locking of essentially identical adjacent panels in an assembled position, wherein said displaceable locking tongue is configured to be displaced in a displacement groove provided in said other of the third or fourth edge, said displacement groove comprising an upper wall, wherein said wedge groove is arranged vertically below the

upper surface of the locking tongue, and wherein an uppermost surface of the other of the third or fourth edges overlaps with a portion of the displacement groove when viewed in plan.

14\. (Previously Presented) The set according to claim 13, wherein the upper wall of the displacement groove is arranged vertically below the upper surface of the locking tongue.

15\. (Previously Presented) The set according to claim 13, wherein the entire upper wall of the displacement groove is arranged vertically below the upper surface of the locking tongue.

16\. (Previously Presented) The set according to claim 13, wherein the displacement groove comprises a sideways open opening, wherein the opening is provided vertically below the upper surface of the locking tongue.

17\. (Previously Presented) The set according to claim 13, wherein a first end of the locking tongue, in the longitudinal direction of the panel, comprises a first portion, and a second opposite end of the locking tongue comprises a second portion.

18\. (Previously Presented) The set according to claim 17, wherein said first portion and said second portion are configured to, in assembled position of adjacent panels, essentially be in contact, or in contact.

19\. (Previously Presented) The set according to claim 17, wherein the first portion and the second portion are configured such that, in assembled position of adjacent panels, the first and second portion are pre-tensioned against each other.

20\. (Previously Presented) The set according to claim 17, wherein the first portion and the second portion are configured such that, in assembled position of adjacent panels by the second mechanical locking system, a play is formed between the adjacent panels, wherein the first portion and the second portion are configured such that a sufficient size of the play is obtained such that respective surface layers of the assembled adjacent panels are contiguous and/or not pushed apart.

21\. (Previously Presented) The set according to claim 17, wherein immediately juxtaposed upper edge portions of the third and fourth edge, in assembled position of two adjacent panels, form a second vertical plane, wherein the first portion is configured to be flush with said upper edge portion of the third edge.

22\. (Previously Presented) The set according to claim 17, wherein the first portion and the second portion are configured such that, in assembled position of adjacent panels by the second mechanical locking system, a play is formed between the adjacent panels, wherein the play is in the range of 0.00 to +0.50 mm.

23\. (Previously Presented) The set according to claim 17, wherein the first portion and the second portion are configured such that, in assembled position of adjacent panels by the second mechanical locking system, a play DS is formed between the adjacent panels wherein the play DS is in the range of -0.05 to +0.10 mm.

24\. (Previously Presented) The set according to claim 13, wherein the panel comprises a plane, wherein the upper surface of the locking tongue is disposed on a first side of the plane, and wherein the displacement groove is disposed on a second side of the plane, wherein the second side is a side of the plane being opposite the first side.

25\. (Previously Presented) The set according to claim 13, wherein the first mechanical locking system further comprises at one of the first or second opposite edges a locking groove configured to receive a locking element of a locking strip projecting from the other of the first or second edges by a folding displacement.

26\. (Previously Presented) The set according to claim 25, wherein the locking strip is arranged at one of the first or second edges and the locking tongue is arranged at the other of the first or second edges.

27\. (Previously Presented) The set according to claim 25, wherein the locking strip is arranged vertically below the locking tongue.

28\. (Currently Amended) The set according to claim 13, wherein the other of the third or fourth edge has a horizontally outermost end toward the third or fourth edge, an entirety of said displacement groove being horizontally offset from the horizontally outermost end of the other of the third or fourth edge.

29\. (Previously Presented) The set according to claim 28, wherein the horizontally outermost end of the other of the third or fourth edge is located at a second locking strip of the other of the third or fourth edge, the second locking strip including a locking element configured to be received by a lower locking groove of the third or fourth edge, the second locking strip being free of the displacement groove.

OFFICE ACTION:
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/14/25 is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statement is being considered by the examiner.
Reasons for Allowance
Claims 13-29 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art, for example Pervan, US 2016/0153200, discloses a set of building panels that each include first and second mechanical locking systems wherein the second mechanical locking system is configured to receive a displaceable locking tongue by a vertical displacement of a wedge groove. However, the prior art does not provide a teaching, suggestion or motivation for the wedge groove arranged vertically below the upper surface of the locking tongue and wherein an uppermost surface of the other of the third of fourth edges overlaps with a portion of the displacement groove when viewed in plan.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments, filed 2/14/25, with respect to the Double Patenting have been fully considered and are persuasive.  The Double Patenting rejection has been withdrawn.
Conclusion

APPLICANT REBUTTAL: REMARKS:
Favorable reconsideration of this application is respectfully requested in view of the foregoing amendments and the following remarks.
Claim Status:
Claims 13-29 are pending. Claim 13 is the only independent claim. It is respectfully submitted that all pending claims are in condition for allowance.
35 U.S.C. § 103:
Claims 13-18, 21 and 24-27 are rejected under 35 U.S.C. § 103 as being allegedly unpatentable over Pervan, US 2016/0153200 (Pervan '200) in view of Pervan et al., US 2013/0333182 (Pervan '182).
Claim 13 is amended to further distinguish from the cited art, as explained below.
Claim 13, as pending, recites "wherein said wedge groove is arranged vertically below the upper surface of the locking tongue."
Figs. 9A-9B (reproduced below) show an example of this configuration, wherein D3
extends lower than D1, wherein D3 is the distance between the upper surface 15 of the panel 1 and an upper and outermost edge 142 of the wedge groove 141, and D1 is the distance between the front surface 15 of the panel 1 to the upper surface 122 of the locking tongue 121.
A
Present Application
,
Figs. 9A-9B.
The rejection relies on the following annotated figures.
ng element
Pervan
Figs. 2c-2d, as annotated on page 7 of the Office Action.
Fig. 13y
wedge groove
Pervan
Fig. 13g, as annotated on page 6 of the Office Action.
That is, the Office proposes to combine an alleged first mechanical locking system from Figs. 2c-2d of Pervan '182 with an alleged second mechanical locking system from Fig. 13g of Pervan '200.
The Office states:
In modifying '200 to include the first mechanical locking system of '182,
the upper wall of the displacement groove is arranged vertically below
the upper surface of the locking tongue because the displacement groove
is located on a lowermost portion of the panel thickness and the upper surface of the locking tongue is located on a central-uppermost portion
of the panel thickness.
When modified in view of '182, the wedge groove remains to be
arranged vertically below the upper surface of the locking tongue.
Office Action
,
page 7.
Claim 13 is amended to recite that
"an uppermost surface of the other of the third or fourth edges overlaps with a portion of the displacement groove when viewed in plan."
By contrast, in Fig. 13g of Pervan '200, "the displacement groove 11 is formed at an outer part of the strip 6 of the first panel 1."
Pervan
paragraph [0146]. As shown in
Fig. 13g of Pervan '200 (reproduced above), the uppermost surface of the panel 1 does not overlap with any portion of the displacement groove 11 when viewed in plan.
Therefore, the locking mechanism in Pervan '200, Fig. 13g, cannot be correlated to the claimed second mechanical locking system.
Claim 13 is allowable for at least these reasons.
Withdrawal of the obviousness rejections is respectfully requested.
Double Patenting:
Claims 13-29 are rejected on the ground of nonstatutory double patenting as being allegedly unpatentable over claims of U.S. Patent No. 11,982,085 (the '085 patent).
It is respectfully submitted that the claims of the '085 patent do not set forth "wherein an uppermost surface of the other of the third or fourth edges overlaps with a portion of the displacement groove when viewed in plan," as presently recited.
Withdrawal of the nonstatutory double patenting rejection is respectfully requested.
Dependent Claims:
The dependent claims define additional distinguishing aspects associated with this application. These claims are allowable at least by virtue of their dependence from an allowable independent claim. Accordingly, a detailed discussion of the additional distinguishing features recited in each of these dependent claims is not presented at this time. Applicant reserves the right to present such arguments later during prosecution or on appeal.
Conclusion:


CITED REFERENCE SUMMARIES: Ref US20160153200: Claims:
1. A set of essentially identical floor panels provided with a mechanical locking system comprising a flexible tongue, which is arranged in a displacement groove at a first edge of a first panel, and a tongue groove at a second edge of an adjacent second panel, the flexible tongue is configured to cooperate with the tongue groove for locking of the first and the second edge in a vertical direction, wherein the mechanical locking system further comprises a locking strip, at the first or the second edge, provided with a locking element configured to cooperate with a locking groove at the other of the first or second edge for locking in a horizontal direction, characterised in:
that the flexible tongue is displaceable in the horizontal direction in the displacement groove, that an outer part of the flexible tongue comprises two or more curved edge sections each comprising a sliding surface, which is configured to cooperate with the second edge during locking, and a locking surface that is configured to lock against the tongue groove, that the tongue sections are spaced from each other in a length direction of the flexible tongue, that the flexible tongue is curved in a locked and in an unlocked position, wherein a first horizontal distance, from an outer upper edge of the first edge to an outer edge of the flexible tongue, and a second horizontal distance, from the outer upper edge of the first edge to an inner edge of the flexible tongue, varies along a length of the flexible tongue, that the tongue sections during locking are configured to be pressed inwardly by the second edge such that the curved sections are at least partially straightened and deformed to essentially straight rod shaped sections with a width which is essentially the same along essentially the entire length of the flexible tongue, and that the tongue sections are configured to move back towards their initial positions in a final stage of the locking such that the locking surfaces are inserted into the tongue groove.
2. The set of floor panels as claimed in claim 1, wherein the curved sections are straightened and deformed to essentially straight rod shaped sections with a width which is essentially the same along essentially the entire length of the flexible tongue.
3. The set of floor panels as claimed in claim 1, wherein the width of the flexible tongue is essentially the same over 90% of the length of the flexible tongue.
4. The set of floor panels as claimed in claim 1, wherein the flexible tongue comprises tongue sections with cross sections such that the first horizontal distance is essentially the same as the second horizontal distance.
5. The set of floor panels as claimed in claim 1, wherein a major part of the flexible tongue comprises cross sections with a horizontal width W and a vertical thickness U that is essentially the same.
6. The set of floor panels as claimed in claim 1, wherein the vertical thickness TT of the flexible tongue is less than about 1.5 mm.
7. The set of floor panels as claimed in claim 1, wherein the flexible tongue is freely arranged in the displacement groove.
8. A set of essentially identical floor panels provided with a mechanical locking system comprising a flexible tongue, which is arranged in a displacement groove at a first edge of a first panel, and a tongue groove at a second edge of an adjacent second panel, the flexible tongue is configured to cooperate with the tongue groove for locking of the first and the second edge in a vertical direction, characterised in:
that the flexible tongue comprises a sliding surface and a locking surface, that the displacement groove comprises a cavity comprising upper, inner and lower cavity walls and a horizontal opening, that the second floor panel comprises a protrusion comprising a sliding edge which is configured to cooperate with the sliding surface during locking and to press and bend a flexible tongue section into the cavity, and that the flexible tongue section is configured to move back outwardly in a final stage of the locking such that the locking surface is inserted into the tongue groove.
9. The set of floor panels as claimed in claim 8, wherein the locking system comprises two or more cavities and protrusions.
10. The set of floor panels as claimed in claim 8, wherein the mechanical locking system further comprises a locking strip, at the first or the second edge, provided with a locking element configured to cooperate with a locking groove at the other of the first or second edge for locking in a horizontal direction.
11. A set of essentially identical floor panels provided with a mechanical locking system comprising a flexible tongue, which is arranged in a displacement groove at a first edge of a first panel, and a tongue groove at a second edge of an adjacent second panel, the flexible tongue is configured to cooperate with the tongue groove for locking of the first and the second edge in a vertical direction, characterised in:
that an outer part of the flexible tongue comprises a protrusion comprising a sliding surface and a locking surface, that the displacement groove comprises a cavity comprising upper, inner and lower cavity walls and a horizontal opening, that the second floor panel comprises a sliding edge which is configured to cooperate with the sliding surface during locking and to press and bend a flexible tongue section into the cavity, and that the flexible tongue section is configured to move back outwardly such that the locking surface is inserted into the tongue groove.
12. The set of floor panels as claimed in claim 11, wherein the locking system comprises two or more cavities and protrusions.
13. The set of floor panels as claimed in claim 11, wherein the mechanical locking system further comprises a locking strip, at the first or the second edge, provided with a locking element configured to cooperate with a locking groove at the other of the first or second edge for locking in a horizontal direction.
14. A method for producing a locking system at edges of building panels comprising a core, wherein the method comprises:
forming a strip at a lower part of a first edge and a locking element at an outer part of the strip, forming a tongue from the core at an outer part of the first edge, forming an insertion groove at the first edge, wherein said insertion groove is sidewardly open and extends in the horizontal direction, displacing the tongue at least partly into the insertion groove with a vertical and horizontal displacement, and forming a tongue groove and a locking groove at a second adjacent edge, wherein the tongue is configured to cooperate with the tongue groove for vertical locking and the locking element is configured to cooperate with the locking groove for horizontal locking.
15. The method as claimed in claim 14, wherein the method comprises the step of forming the tongue at the outer and lower part of the first edge.
16. The method as claimed in claim 14, wherein the method comprises the step of forming the tongue with a lower part and an upper part, wherein the lower and the upper part is vertically and horizontally offset in relation to each other.
17. The method as claimed in claim 14, wherein the method comprises the step of displacing the tongue with rotating wheels.
18. A set of essentially identical floor panels provided with a mechanical locking system comprising a flexible tongue, which is arranged in a displacement groove at a first edge of a first panel, and a tongue groove at a second edge of an adjacent second panel, the flexible tongue is configured to cooperate with the tongue groove for locking of the first and the second edge in a vertical direction, wherein the mechanical locking system further comprises a locking strip, at the first or the second edge, provided with a locking element configured to cooperate with a locking groove at the other of the first or second edge for locking in a horizontal direction, characterised in
that the flexible tongue comprises a lower part and an upper part, that the lower and the upper part are vertically and horizontally offset in relation to each other, and that the lower part comprises a lower protrusion extending vertically downwards.
19. The set of floor panels as claimed in claim 18, wherein the lower part comprises at least two lower protrusions along its length.
20. The set of floor panels as claimed in claim 18, wherein the lower part comprises at least two inner protrusions extending horizontally inwardly and being spaced from each other along the displaceable tongue.