Office Action 1: Non-Final Rejection (2024-09-05)
Rejection types: 103 - Obviousness, 112 - Written Description/Enablement, Double Patenting

CLAIMS:
AMENDMENTS TO THE CLAIMS:

This listing of claims will replace all prior versions, and listings, of claims in the application:

LISTING OF CLAIMS:

Applic SVG {EMBED HERE} 0.5471.437

1\. (Previously Presented) A set of panels comprising a first panel and a second panel,
wherein a first edge of the first panel and a second edge of the second panel are configured to be locked together and assembled by a vertical displacement of the second edge relative the first edge,wherein the first edge comprises a locking element configured to cooperate with a locking groove at the second edge for locking in a horizontal direction and in a vertical direction,
wherein the first edge comprises a tongue configured to cooperate with a tongue groove at the second edge for locking in the vertical direction,
wherein the tongue groove has an upper lip and a lower lip,
wherein an upper part of the first edge comprises a first guiding surface and a lower edge of the lower lip comprises a second guiding surface, which are configured to cooperate during the vertical displacement,
wherein an upper part of the locking element comprises a third guiding surface and a lower edge of the locking groove comprises a fourth guiding surface, which are configured to cooperate during the vertical displacement,
SVG {EMBED HERE} 0.5471.437wherein a tip of the tongue comprises a fifth guiding surface and a tip of a lower lip of the tongue groove comprises a sixth guiding surface, which are configured to cooperate during the vertical displacement,
wherein a first locking surface of the locking element is configured to cooperate with a second locking surface of the locking groove for locking in the horizontal direction,
wherein the first locking surface comprises a first locking angle between the first locking surface and an upper surface of the first panel,
wherein the second locking surface comprises a second locking angle between the first locking surface and an upper surface of the first panel, and
wherein the first locking angle is larger than the second locking angle.

2\. (Previously Presented) The set of panels as claimed in claim 1, wherein the third and the fourth guiding surfaces and fifth and the sixth guiding surfaces, respectively, are configured to cooperate at the same time during the vertical displacement.

3\. (Previously Presented) The set of panels as claimed in claim 1, wherein the first and the second guiding surfaces are configured to cooperate before the third and the fourth guiding surfaces are configured to cooperate during the vertical displacement.

4\. (Previously Presented) The set of panels as claimed in claim 1, wherein the fifth and the sixth guiding surfaces are essentially parallel to each other.SVG {EMBED HERE} 0.5471.437

5\. (Previously Presented) The set of panels as claimed in claim 1, wherein the first guiding surface is positioned above the fifth guiding surface.

6\. (Previously Presented) The set of panels as claimed in claim 1, wherein the second guiding surface is positioned below the sixth guiding surface.

7\. (Previously Presented) The set of panels as claimed in claim 1, wherein an upper lip of the tongue groove is configured to overlap the first guiding surface in a locked position of the first and the second edge.

8\. (Previously Presented) The set of panels as claimed in claim 7, wherein a lower surface of the upper lip is configured to cooperate with the first guiding surface for restraining penetration of moisture and/or dirt between the first and the second edge in the locked position.

9\. (Previously Presented) The set of panels as claimed in claim 1, wherein the first guiding surface is a bevel or a rounding of an uppermost part of the first edge.

10\. (Previously Presented) The set of panels as claimed in claim 1, wherein the first guiding surface is adjacent to the fifth guiding surface.SVG {EMBED HERE} 0.5471.437

11\. (Previously Presented) The set of panels as claimed in claim 1, wherein a locking strip protrudes from the first edge under the tongue, wherein the locking strip comprises the locking element.

12\. (Previously Presented) The set of panels as claimed in claim 11, wherein the first locking surface of the locking element is configured to cooperate with the second locking surface of the locking groove for locking in the vertical direction, wherein the first locking angle between the first locking surface and the upper surface of the first panel is within the range of about 45 degrees to about 85 degrees.

13\. (Previously Presented) The set of panels as claimed in claim 1, wherein the tip of the tongue has a blunt shape, wherein each angle between adjacent surfaces at the tip of the tongue is more than 90 degrees.

14\. (Previously Presented) The set of panels as claimed in claim 1, wherein the tip of the lower lip of the tongue groove has a blunt shape, wherein each angle between adjacent surfaces at the tip of the lip is more than 90 degrees.

15\. (Previously Presented) The set of panels as claimed in claim 1, wherein the tongue comprises a locking surface at a lower side, wherein a second tongue angle between the fifthSVG {EMBED HERE} 0.5471.437

guiding surface and the locking surface of the tongue is in the range of about 100 degrees to about 145 degrees.

16\. (Previously Presented) The set of panels as claimed in claim 1, wherein the tongue groove comprises a locking surface at an upper side of the lower lip, wherein a first lip angle between the locking surface of the lower lip and the sixth guiding surface is in the range of about 100 degrees to about 145 degrees.

17\. (Previously Presented) The set of panels as claimed in claim 1, wherein a difference between the first locking angle and the second locking angle is about 1-2 degrees.

OFFICE ACTION:
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
2.	Claims 1, 2 are objected to because of the following informalities:
Claim 1, line 24, the correct phrase is “the second locking surface”
Claim 1, line 25, the correct phrase is “the second panel”
Claim 2, line 2, the correct phrase is “and the fifth and”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3.	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.
4.	Claims 1-17 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.
5.	Claim 1 in lines 24-25 recites the limitations “wherein the second locking surface comprises a second locking angle between the first locking surface and an upper surface of the first panel”. This renders the claim unclear and confusing, according to the description, the second locking angle is positioned between the second locking surface and an upper surface of the second panel. The claims will be examined as best understood.
Claim Rejections - 35 USC § 103
6.	In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA  to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
7.	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.
8.	Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cappelle (US 9,528,278).
Regarding claims 1 and 17, Cappelle discloses a set of panels 1 comprising a first panel and a second panel, wherein a first edge 5 of the first panel and a second edge 4 of the second are configured to be locked together and assembled by a vertical displacement of the second edge relative the first edge, (Fig 6, 7, 10, 11);
wherein the first edge 5 comprises a locking element 21 configured to cooperate with a locking groove at the second edge 4 for locking in a horizontal and in the vertical direction, (Fig 7)
wherein the first edge 5 comprises a tongue 26 (T) configured to cooperate with a tongue groove (TG) at the second edge 4 for locking in a vertical direction, (annotated Fig 6, Fig 7)
wherein the tongue groove (TG) has an upper lip (UL) and a lower lip (LL), (annotated Fig 7)
wherein an upper part of the first edge 5 comprises a first guiding surface 1GS and a lower edge of the lower lip comprises a second guiding surface 2GS, which are configured to cooperate during the vertical displacement, (annotated Fig 7, Fig 10)
wherein an upper part of the locking element 21 comprises a third guiding surface 3GS and a lower edge of the locking groove comprises a fourth guiding surface 4GS, which are configured to cooperate during the vertical displacement, (annotated Fig 6, Fig 11), and
wherein a tip of the tongue 26 comprises a fifth guiding surface 30 (5GS) and a tip of a lower lip (LL) of the tongue groove comprises a sixth guiding surface 31 (6GS), which are configured to cooperate during the vertical displacement, (Fig 10, annotated Fig 11),
wherein a first locking surface 22 of the locking element 21 is configured to cooperate with a second locking surface 25 of the locking groove for locking in the horizontal direction,  (Fig 6, 7)
wherein the first locking surface 22 comprises a first locking angle between the first locking surface 22 and an upper surface of the first panel (Fig 6),
wherein the second locking surface 25 comprises a second locking angle between the second locking surface 25 and an upper surface of the second panel, (Fig 6).
Cappelle does not disclose wherein the first locking angle is larger than the second locking angle, wherein the difference between the first locking angle and the second locking angle is about 1-2 degrees. However, it would have been an obvious engineering design to have the first and second locking angles as claimed according to the required degree of locking in the vertical direction.
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Regarding claim 2, Cappelle discloses the third and the fourth guiding surfaces and the fifth and the sixth guiding surfaces, respectively, are configure to cooperate at the same time during the vertical displacement (annotated Fig 6, 7, 11).
Regarding claim 3, Cappelle discloses the first and the second guiding surfaces are configured to cooperate before the third and the fourth guiding surfaces are configured to cooperate during the vertical displacement (annotated Fig 6, 7).
Regarding claim 4, Cappelle discloses the fifth 30 and the sixth 31 guiding surfaces are essentially parallel to each other (annotated Fig 6, 7).
Regarding claim 5, Cappelle discloses the first guiding surface 1GS is positioned above the fifth guiding surface 30 (Fig 6, annotated Fig 7).
Regarding claim 6, Cappelle discloses the second guiding surface 2GS is positioned below the sixth guiding surface 31 (Fig 6, annotated Fig 7)
Regarding claim 7, Cappelle discloses an upper lip of the tongue groove (TG) is configured to overlap the first guiding surface 1GS in a locked position of the first and the second edge (annotated Fig 7).
Regarding claim 8, Cappelle discloses a lower surface of the upper lip is configured to cooperate with the first guiding surface 1GS for restraining penetration of moisture and/or dirt between the first and the second edge in the locked position (annotated Fig 7).
Regarding claim 9, Cappelle discloses wherein the first guiding surface 1GS is a rounding (concave shape) of an uppermost part of the first edge 5 (Fig 6, annotated Fig 7, Fig 11).
Regarding claim 10, Cappelle discloses the first guiding surface 1GS is adjacent the fifth guiding surface 30 (Fig 6, annotated Fig 7, 11).
Regarding claim 11, Cappelle discloses a locking strip 20 protrudes from the first edge 5 under the tongue 26, wherein the locking strip 20 comprises the locking element 21 (Fig 6).
Regarding claim 12, Cappelle discloses the first locking surface 22 of the locking element 21 is configured to cooperate with the second locking surface 25 of the locking groove for locking in the vertical direction, wherein the first locking angle between the first locking surface 22 and the upper surface of the first panel is within the range of about 45° to about 85° (Fig 6).
Regarding claim 13, Cappelle discloses the tip of the tongue 26 has a blunt shape, wherein each angle between adjacent surfaces at the tip of the tongue is more than 90° (annotated Fig 6).
Regarding claim 14, Cappelle discloses the tip of the lower lip of the tongue groove (TG) has a blunt shape, wherein each angle between adjacent surfaces at the tip of the lip is more than 90° (annotated Fig 6).
Regarding claim 15, Cappelle discloses the tongue 26 (T) comprises a locking surface at a lower side, wherein a second tongue angle between the fifth guiding surface 5GS and the locking surface of the tongue is more than 90° (enlarged annotated Fig 6), but does not disclose the second tongue angle is in the range of about 100° to about 145°. However, it would have been an obvious matter of design choice to modify the second tongue angle as claimed, since such a modification would have involved a mere change in the dimension of the angle. One of ordinary skill in the art at the time of invention was made would have good reason to pursue the known option within his or own technical grasp, as the selected options/steps was one of a finite number of available angles between the fifth guiding surface and the locking surface according to the desired degree of locking in the vertical direction. Such a combination would have a reasonable expectation of success, and one would be based on ordinary skill and common sense at the time of the invention was made.  No new or unpredictable results would be obtained.
Regarding claim 16, Cappelle discloses the tongue groove (TG) comprises a locking surface at an upper side of the lower lip LL, wherein a first lip angle between the locking surface of the lower lip and the sixth guiding surface is more than 90° (enlarged annotated Fig 6), but does not disclose the first lip angle is in the range of about 100° to about 145°. However, it would have been an obvious matter of design choice to modify the second tongue angle as claimed, since such a modification would have involved a mere change in the dimension of the angle. One of ordinary skill in the art at the time of invention was made would have good reason to pursue the known option within his or own technical grasp, as the selected options/steps was one of a finite number of available angles between the sixth guiding surface and the locking surface according to the desired degree of locking in the vertical direction. Such a combination would have a reasonable expectation of success, and one would be based on ordinary skill and common sense at the time of the invention was made.  No new or unpredictable results would be obtained.
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Double Patenting
9.	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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
10.	Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 10,287,777. Although the claims at issue are not identical, they are not patentably distinct from each other because the elements of the instant claims can be found within the patented claims.
11.	Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,851,549. Although the claims at issue are not identical, they are not patentably distinct from each other because the elements of the instant claims can be found within the patented claims.
12.	Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,814,850. Although the claims at issue are not identical, they are not patentably distinct from each other because the elements of the instant claims can be found within the patented claims.
Conclusion
13.

APPLICANT REBUTTAL: REMARKS:
Favorable reconsideration of this application is respectfully requested in view of the foregoing amendments and the following remarks.
Claim Amendments and Status:
Claims 1 and 2 are amended for clarity.
New Claim 18 is added, with exemplary support in Fig. 2A.
No new matter is added.
Claims 1-18 are pending. Claim 1 is the only independent claim. It is respectfully submitted that all pending claims are in condition for allowance.
Claim Objections:
Claims 1 and 2 are amended to address the claim objections. Withdrawal thereof is respectfully requested.
35 U.S.C. § 112(b):
Claims 1-17 are rejected under 35 U.S.C. § 112(b).
Claim 1 is amended to clarify that the second locking surface comprises a second locking angle between the second locking surface and an upper surface of the second panel.
Withdrawal of the indefiniteness rejection is respectfully requested.
35 U.S.C. § 103:
Claims 1-17 are rejected under 35 U.S.C. § 103 based on Cappelle (US 9,528,278).
Th s rejection is respectfully traversed.
Claims 1 and 17:
Claim 1 recites, inter alia:
wherein a first locking surface of the locking element is configured to
cooperate with a second locking surface of the locking groove for locking
in the horizontal direction,
wherein the first locking surface comprises a first locking angle between
the first locking surface and an upper surface of the first panel,
wherein the second locking surface comprises a second locking angle
between the second locking surface and an upper surface of the second
panel, and
wherein the first locking angle is larger than the second locking angle.
Claim 17 further recites:
wherein a difference between the first locking angle and the second
locking angle is about 1-2 degrees.
Th ! application explains advantages associated with these features:
This may have the effect that a greater part of a pulling load is applied on
curved surface cooperating with fourth guiding surface 22, and that a
greater locking strength is obtained.
Published Application (US 2024/0263457),
Th ! Office Action recognizes that the above-noted subject matter is lacking from
Cappelle, but alleges that "it would have been an obvious engineering design to have the first
and second locking angles as claimed according to the required degree of locking in the vertical direction."
Office Action
,
page 5.
It is respectfully submitted that this conclusion is inconsistent with Cappelle's disclosure.
Cappelle is configured as follows, with reference to the figures reproduced below.
Cap
pelle,
Figs. 6-7.
Cappelle has two locking systems: "a first locking system arranged to lock in the plane of the panels and perpendicularly to the edges [i.e., horizontal locking], as well as form a second locking system, which effects a locking perpendicularly to the plane of the panels [i.e., vertical locking]."
Cappelle,
Abstract.
The first locking system is substantially formed of an upwardly directed
lower hook-shaped portion 18 situated at the edge 5, as well as of a
downwardly directed upper hook-shaped portion 19 which is situated
at the opposite edge 4, which hook-shaped portions can be engaged one
behind the other by said downward movement. The lower hook-shaped
portion 18 consists of a lip 20, which extends laterally from the lower edge of the panel l and which is provided with an upwardly directed
locking element 21 with a locking surface 22, whereas the upper hook- shaped portion 19 consists of a lip 23, which extends laterally from the
upper edge of the panel 1 and which is provided with a downwardly
directed locking element 24 with a locking surface 25.
The second locking system of the edges at the short sides is formed by
locking parts 26-27.
Cappelle,
column 14, lines 23-38 (emphasis added).
Accordingly, the locking surfaces 22 and 25 are part of the first locking system, which provides horizontal locking. This is why the locking surfaces 22 and 25 are vertical surfaces.
As noted above, the Office proposes that "it would have been an obvious engineering design to have the first and second locking angles as claimed according to the required degree of locking in the vertical direction."
Office Action
,
page 5.
There is no evidence in the record establishing that an ordinarily skilled artisan would
have been somehow motivated to provide vertical locking at the surfaces 22/25. This is because Cappelle already has a vertical locking mechanism, namely the second locking mechanism provided by the locking parts 26-27. By contrast, the first locking mechanism is merely a horizontal locking mechanism.
Even if the ordinarily skilled artisan would have been somehow motivated to provide vertical locking at the surfaces 22/25 as proposed (which Applicant disputes), the ordinarily skilled artisan would have rotated/inclined both surfaces 22/25. Rotating/inclining only one of
those surfaces (to increase the difference between the two angles) would not have provided vertical locking.
There is no evidence in the record establishing that the ordinarily skilled artisan would have had any other motivation to modify the angles of the surfaces 22/25 in Cappelle such that the first locking angle is larger than the second locking angle, as claimed in Claim 1, let alone such that "a difference between the first locking angle and the second locking angle is about 1- 2 degrees," as claimed in Claim 17.
In contrast, as explained above, the present application explains that these features can provide significant advantages:
This may have the effect that a greater part of a pulling load is applied on
curved surface cooperating with fourth guiding surface 22, and that a
greater locking strength is obtained.
Published Application (US 2024/0263457),
Claims 1 and 17 are allowable at least for the foregoing reasons.
Claims 15 and 16:
Claims 15 and 16 are allowable at least for the following additional reasons.
Claim 15 recites that "a second tongue angle between the fifth guiding surface and the locking surface of the tongue is in the range of about 100 degrees to about 145 degrees."
Claim 16 recites that "a first lip angle between the locking surface of the lower lip and the sixth guiding surface is in the range of about 100 degrees to about 145 degrees."
The Office Action recognizes that these features are lacking from Cappelle, but alleges that they would have been obvious, as they are "one of a finite number of available angles" between the respective guiding and locking surfaces, and "[n]o new or unpredictable results would be obtained."
Office Action
,
pages 8 and 9.
Application respectfully submits that this is incorrect.
There are an infinite number of angles with any given angular range-not a finite
number of angles. Moreover, the claimed angles have not been identified in the art as among a finite number of solutions. The Office's rationale here is inapplicable.
By contrast, the present application has identified the claimed angular ranges as
particularly suitable for locking the panels. Absent evidence that an ordinarily skilled artisan would have been led to those claimed angular ranges, Claims 15 and 16 are patentable over Cappelle.
Withdrawal of the obviousness rejection is respectfully requested.
Double Patenting:
The Office Action asserts nonstatutory double patenting rejections of Claims 1-17 based on claims 1-15 of U.S. Patent No. 10,287,777, claims 1-17 of U.S. Patent No. 10,851,549, and claims 1-16 of U.S. Patent No. 11,814,850.
It is respectfully submitted that the time for filing a Terminal Disclaimer, should one even be necessary, has not matured because the application is still being prosecuted and it is not clear if the scope of the claims will change. Applicant will respond to any future double
patenting rejection when it is indicated that the present claims are otherwise in condition for allowance.
New Claim 18:
Claim 18 recites that a locking strip protrudes from a lower groove below the tongue at the first edge, the locking strip comprises the locking element, and an entire extent of the locking strip from the lower groove to the locking element is horizontal.
Cappelle fails to disclose these features, and teaches away from them.
A reference teaches away "when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken" in the claim. Galderma Labs., L.P. v. Tolmar, Inc., 737 F.3d 731, 738 (Fed. Cir. 2013).
With reference to the figures below, Cappelle seeks to increase the size of the
opening H by bending the hook-shaped portion 18 downward.
Cappelle,
col. 16, lines 62-67. For this reason, Cappelle ensures a "bending zone [that] is not located in the lip 20 and/or 23, but at a farther distance from the respective edge in the respective panel itself."
Cappelle,
col. 17, lines 21-24. This is why portions of the lip 20 close to the locking element 21 are thinner.
Cappell
e,
Figs. 11 and 12.
Accordingly, Cappelle's embodiments all involve a general angling down of the portion of the alleged strip leading to the alleged locking element, to facilitate the connection of the panels.
In view of Cappelle's disclosure, an ordinarily skilled artisan therefore would not have modified Cappelle to make the entire portion of the strip from the panel edge to the locking element horizontal, as doing so would not have ensured the above-described bending zone located away from the panel edge.
Claim 18 is allowable for at least these additional reasons.
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:

NEXT OFFICE ACTION: Reasons for Allowance
Upon further consideration of applicant’s arguments, the claims and prior art of record, the claims are deemed unobvious and allowable.
The following is an examiner’s statement of reasons for allowance: the primary reason for the allowance of the claims is the inclusion of the combination of a first panel having a first edge with a locking element and a tongue, a second panel having a second edge with a locking groove and a tongue groove, the tongue groove having upper and lower lips; first, second, third, fourth, fifth, sixth guiding surfaces, a first locking angle, a second locking angle having the structural limitations as recited in the claims and the inclusion of the limitations towards “the first locking angle is larger than the second locking angle”. Examiner believes that it will not be obvious to one of ordinary skill in the art to modify the prior art of record to reach applicant’s claimed invention without impermissible hindsight.
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.”
Conclusion

CITED REFERENCE SUMMARIES: Ref CN102753772A: Claims:
panelling that is used to form coating; More particularly; A kind of floor panel that is used to form floor covering; It locates to comprise the bonding part (8-9) of following type at least in two opposite edges (4-5), said bonding part allows two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling; Wherein, These bonding parts (8-9) form first locking system; Said first locking system is realized locking in the plane of said panelling (1) and perpendicular to said edge, and forms second locking system, and said second locking system is realized locking perpendicular to the plane of said panelling (1); It is characterized in that at least one said bonding part (8-9) realizes with flexible PVC (polyvinyl chloride) at least in part, and realize with the form of the milling forming part of this flexible PVC at least in part.
panelling that is used to form coating; More particularly; A kind of floor panel that is used to form floor covering; It locates to comprise the bonding part (8-9) of following type at least in two opposite edges (4-5), said bonding part allows two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling; Wherein, These bonding parts (8-9) form first locking system; Said first locking system is realized locking in the plane of said panelling (1) and perpendicular to said edge, and forms second locking system, and said second locking system is realized locking perpendicular to the plane of said panelling (1); Wherein, said first locking system at least by the following hook portion (18) that is directed upwards towards at a place that is arranged in said two edges (5) and the last hook portion (19) that is positioned at the downward sensing that opposite edges (4) locate form; And wherein, said hook portion (18) down is made up of the antelabium (20) with the locking member (21) that is directed upwards towards, and said antelabium (23) formation that goes up hook portion (19) by the locking member with downward sensing (24); It is characterized in that; At least one said hook portion (18-19) can be crooked with respect to the plane of corresponding panelling (1), makes relevant locking member (21,24) can carry out motion; More particularly, carry out the banking motion of being convenient to make said panelling (1) joint.
panelling according to claim 2; It is characterized in that; Said coupling device (8-9) is constructed to; Make when two this panellings (1) in respective edges (4-5) when locating to engage, the locking member of said downward sensing (24) must be through the opening between the lock part (26) of said locking member that is directed upwards towards (21) and said second locking system, and; Locking member of said downward sensing (21) and said opening are constructed to; Make and compare that when at least one said hook portion (18-19) of bending, the locking member of said downward sensing (21) assembles through said opening more reposefully with two all unbending situation of hook portion.
panelling that is used to form coating, more particularly, a kind of floor panel that is used to form floor covering; Wherein, this panelling (1) comprises the substrate (34) based on the material of flexible PVC, wherein; This panelling (1) is a rectangle; Perhaps be rectangular or for foursquare, and therefore, comprise first pair of opposite edges (2-3) and second pair of opposite edges (4-5); Wherein, the two pairs of opposite edges (2-3,4-5) all comprise the bonding part that permission is engaged with each other a plurality of this panellings (1) (6-7,8-9); Wherein, These bonding parts (6-7; 8-9) (2-3 4-5) locates to form first locking system, and said first locking system is realized locking in the plane of said panelling and perpendicular to respective edges at two pairs of edges; And form second locking system, said second locking system is realized locking perpendicular to the plane of said panelling; And wherein, (6-7 8-9) is realized by said substrate basically in these bonding parts; It is characterized in that the bonding part that said first pair of opposite edges (2-3) are located is constructed to, make two this panellings (1) to be engaged with each other in these edges through gyration; And; The bonding part (8-9) that said second pair of opposite edges (4-5) are located is constructed to; Make it possible to respect to moving downward of another panelling two this floor panels (1) are engaged with each other through a panelling; More particularly, through since moving downward of obtaining of the result of the gyration of said first pair of edge engage.
panelling that is used to form coating, more particularly, a kind of floor panel that is used to form floor covering; It locates to comprise the bonding part (8-9) of following type at least in two opposite edges (4-5), said bonding part allows two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling; Wherein, These bonding parts (8-9) form first locking system; Said first locking system is realized locking in the plane of said panelling (1) and perpendicular to said edge, and forms second locking system, and said second locking system is realized locking perpendicular to the plane of said panelling (1); Wherein, said first locking system at least by the following hook portion (18) that is directed upwards towards at a place that is arranged in said two edges (5) and the last hook portion (19) that is positioned at the downward sensing that opposite edges (4) locate form; Wherein, said hook portion (18) down is made up of the antelabium (20) with the locking member (21) that is directed upwards towards, and said antelabium (23) formation that goes up hook portion (19) by the locking member with downward sensing (24); And wherein, said second locking system comprises respectively the lock part (26,27) that near-end and the said far-end of going up hook portion (19) near said hook portion (18) down are provided with; It is characterized in that the said lock part of at least one of said second locking system (26,27) is processed by flexible PVC.
panelling according to claim 5 is characterized in that, said panelling (1) is made up of the substrate based on PVC basically, and said bonding part (8-9) is manufactured in the said substrate (34) integratedly.
panelling that is used to form coating, more particularly, a kind of floor panel that is used to form floor covering; Wherein, this panelling (1) is the type of the substrate (34) that comprises pliable and tough synthetic materials; Wherein, this panelling locates to comprise the bonding part (8-9) of following type at least in two opposite edges (4-5), and said bonding part allows two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling; Wherein, These bonding parts (8-9) form first locking system; Said first locking system is realized locking in the plane of said panelling (1) and perpendicular to said edge, and forms second locking system, and said second locking system is realized locking perpendicular to the plane of said panelling (1); Wherein, said first locking system at least by the following hook portion (18) that is directed upwards towards at a place that is arranged in said two edges (5) and the last hook portion (19) that is positioned at the downward sensing that opposite edges (4) locate form; It is characterized in that in said substrate, have back-up coat (38), it extends in the plane of said panelling (1); Said hook portion (18) down is made up of the antelabium (20) with the locking member (21) that is directed upwards towards, and said antelabium (23) formation that goes up hook portion (19) by the locking member with downward sensing (24); And at least one said antelabium (20-23) is constructed to, and makes and in cross section, sees, it does not have said back-up coat (38) at least on certain part (G1-G2).
a panelling is characterized in that, one or multinomial described characteristic before being combined with in himself in the claim.
according to each described panelling in the aforementioned claim; It is characterized in that; At least said bonding part (8-9) at least in part and preferably realizes with flexible PVC fully, and said bonding part is such type: allow two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling.
according to each described panelling in the aforementioned claim; It is characterized in that; It comprises the substrate (34) based on flexible PVC; And said at least bonding part (8-9) realized by said substrate (34) integratedly, and said bonding part is such type: allow two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling (1).
according to each described panelling in the aforementioned claim; It is characterized in that; Said bonding part (8-9) is such type: allow two this panellings (1) to be engaged with each other with respect to moving downward of another panelling through a panelling (1); Said bonding part comprises first locking system, and said first locking system is formed by the last hook portion (19) of following hook portion (18) that is directed upwards towards that is positioned at a relevant edge place and the downward sensing that is positioned at the opposite edges place at least.
, it is characterized in that this panelling (1) is a rectangle according to each described panelling in the aforementioned claim, perhaps be rectangular or for foursquare, and therefore, comprise first pair of opposite edges (2-3) and second pair of opposite edges (4-5); Wherein, (2-3 4-5) comprises the bonding part (6-7 that permission engages a plurality of this panellings (1) each other to two pairs of opposite edges; 8-9), wherein, these bonding parts (6-7; 8-9) (2-3 4-5) locates to form first locking system, and said first locking system is realized locking in the plane of said panelling and perpendicular to respective edges at two pairs of edges; And form second locking system, said second locking system is realized locking perpendicular to the plane of said panelling; And wherein; The bonding part at a pair of place in two pairs of edges (4-5) forms through the said bonding part (8-9) of following type thus, and this bonding part allows two this floor panels to be engaged with each other with respect to moving downward of another panelling through a panelling.
panelling according to claim 12 is characterized in that, said panelling (1) is made up of substrate (34) basically, and, the bonding part of two pairs of edges basically thus substrate form.
a method that is used to install panelling more particularly, is used to install floor panel; Wherein, these panellings (1) are rectangles, perhaps are rectangular or for foursquare; And therefore, comprise first pair of opposite edges (2-3) and second pair of opposite edges (4-5); Wherein, The two pairs of opposite edges (2-3,4-5) all comprise the bonding part (6-7,8-9); Said bonding part forms first locking system; Said first locking system is realized locking in the plane of said panelling and perpendicular to respective edges, and forms second locking system, and said second locking system is realized locking perpendicular to the plane of said panelling; Wherein, the bonding part that said first pair of opposite edges (2-3) are located is constructed to, and makes two this floor panels (1) to be engaged with each other through gyration; Wherein, The bonding part (8-9) that said second pair of opposite edges (4-5) are located is constructed to; Make through of the downward motion of a panelling with respect to another panelling; More particularly, through since moving downward of obtaining of the result of the gyration of said first pair of edge can two this floor panels (1) be engaged with each other; Wherein, in said second pair of edge, said locking system at least by the following hook portion (18) that is directed upwards towards at a place that is arranged in said two edges (5) and the last hook portion (19) that is positioned at the downward sensing that opposite edges (4) locate form; And wherein, said hook portion (18) down is made up of the antelabium (20) with the locking member (21) that is directed upwards towards, and said antelabium (23) formation that goes up hook portion (19) by the locking member with downward sensing (24); It is characterized in that, locate to use such bonding part, with respect to the plane of relevant panelling (1) at said second pair of edge (4-5); The said antelabium of at least one of this bonding part can bending leave this plane; Make relevant locking member can carry out motion, more particularly, carry out the banking motion of the joint of being convenient to said panelling; And said method provides following steps at least:
-installation is intended to form first and arranges first panelling (1A) of the part of panelling;
-second panelling (1B) is engaged to said first panelling, for example, engage in said first pair of edge, wherein, this second panelling is intended to form a part of arranging the second continuous row of panelling with said first;
-in said second row, the 3rd panelling (1C) is engaged to said second panelling (1B) and said first panelling (1A); Wherein, Said the 3rd panelling (1C) is engaged to said first panelling (1A) through gyration; Wherein, said the 3rd panelling (1C) is got into basically and the identical plane of said first and second panellings from pivot position upwards, yet; The result of this motion and the downward coarctate motion that produces here is that said hook portion (18-19) is engaged with each other between the said the 3rd and second panelling;
-use packing element (37) therein;
-and, in coarctate process, use the result of said packing element (37) to be, be convenient to make at least one the said lip deformation that engages with mode as stated, more particularly, bending.
method according to claim 14 is characterized in that, for this purpose, uses and also satisfies or multinomial described panelling in the claim 1 to 13.
a panelling that is used to form coating, more particularly, a kind of floor panel that is used to form floor covering; Wherein, this panelling (1) comprises the substrate (34) based on the material of flexible PVC, wherein; This panelling (1) is a rectangle, perhaps is rectangular or for foursquare, and therefore; Comprise first pair of opposite edges (2-3) and second pair of opposite edges (4-5), wherein, two couples of opposite edges (2-3; 4-5) all comprise the bonding part that permission is engaged with each other a plurality of this panellings (1) (6-7,8-9); Wherein, These bonding parts (6-7; 8-9) (2-3 4-5) locates to form first locking system, and said first locking system is realized locking in the plane of said panelling and perpendicular to respective edges at two pairs of edges; And form second locking system, said second locking system is transverse to the plane of said panelling and realizes locking; And wherein, these bonding parts (6-7 8-9) is realized by said substrate basically, it is characterized in that:
The bonding part of said first pair of opposite edges (2-3) and said second pair of opposite edges (4-5) is constructed to, and makes two this panellings (1) to be engaged with each other in these edges through gyration;
For this purpose, and these bonding parts (6-7,8-9) every pair in above-mentioned two pairs of edges is located by tongue (10) and slot part (11) and lock part (12-13) formation, and in engagement state, said lock part prevents separating of said tongue and slot part;
And two pairs of edges, said slot part (11) all joins with lower lip (14) and upper lip (15) at every turn, thereby said lower lip (14) is laterally extended up to the far-end that exceeds said upper lip (47).
panelling according to claim 16; It is characterized in that; Lock face is located to be provided with at two pairs in said lock part (12-13), and said lock face is arranged in the part (52) of the far-end that exceeds said upper lip (15) (47) of said lower lip (14) at least in part.
according to claim 16 or the described panelling of claim 17; It is characterized in that at least in a pair of edge, said tongue (10) and slot part (11) have such shape; Make in the engagement state of two this panellings (1); Below said tongue, have space (48), extend continuously on top (49) from said tongue below said tongue, said space, extends to the position (50) of the far-end (47) that exceeds said upper lip (15) at least.
panelling according to claim 18; It is characterized in that; Certain-length (L1) is extended in said space (48) in said tongue (10) below, when being parallel to the plane survey of said panelling, said length is that top (49) from said tongue is to 1.5 times of the distance (L2) of the far-end (47) of said upper lip at least; Better, be 2 times at least.
according to claim 18 or 19 described panellings, it is characterized in that said panelling is rectangular, and have long limit and minor face thus, and the edge of said at least minor face provides this space (48).
according to each described panelling in the claim 16 to 20; It is characterized in that said panelling can be manually crooked at least one direction as follows, make it possible to it is being transverse to edge's insertion that this direction is extended; Tongue (10) is arranged in the slot part of a panels (11) before this in lower lip (14) top of last panels; Contact with each other up to said top edge, and the lower lip of crooked said last panels not, yet; With relevant panelling in the edge's downwarping that is oppositely arranged with edge, up to its contact laminar surface down with said tongue.
according to each described panelling in the claim 18 to 20; It is characterized in that said panelling can be manually crooked at least one direction as follows, make it possible to it is being transverse to edge's insertion that this direction is extended; Tongue (10) is arranged in the slot part of a panels (11) before this in lower lip (14) top of last panels; Contact with each other up to said top edge, and the lower lip of crooked said last panels not, yet; With relevant panelling in the edge's downwarping that is oppositely arranged with edge with said tongue; Up to the following laminar surface of its contact, and this that is transverse to that said direction extends relates to and this a pair of edge identical to the edge that above-mentioned space (48) is provided the edge.
, it is characterized in that two pairs of edges all provide above-mentioned space (48) according to each described panelling in the claim 18,19,20 or 22 in engagement state.
according to each described panelling in the claim 16 to 23; It is characterized in that; Realize the tongue (10) and the slot part (11) at least one pair of edge like this; Make that when two this panellings (1) are connected to each other in these edges with parallel plane mode said tongue (10) is positioned at the below of the antelabium (15) that the upside with said slot part (11) joins at least at least in part with its top (49), and nonessentially carried out any bending.
according to each described panelling in the claim 18,19,20 or 22; It is characterized in that; Realize the tongue and the slot part at least one pair of edge like this; Make that when two this panellings (1) are connected to each other in these edges with parallel plane mode said tongue (10) is positioned at the below of the antelabium (15) that the upside with said slot part (11) joins at least at least in part with its top (49), and nonessentially carried out any bending; And being in the engagement state ano
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