PTAB

IPR2017-02130

Innovations4Flooring N.V. v. Välinge Innovation AB

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1. Case Identification

2. Patent Overview

  • Title: Locking System for Floorboards
  • Brief Description: The ’625 patent relates to a mechanical locking system for joining floorboards. The invention aims to provide a joint with high locking strength that is also openable, improving upon prior art "strip-lock" systems by using specific locking surface geometries and creating spaces between non-operative surfaces.

3. Grounds for Unpatentability

Ground 1: Anticipation by Moriau - Claims 1-12 are anticipated by Moriau

  • Prior Art Relied Upon: Moriau (WO 97/47834).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that the embodiment shown in FIG. 23 of Moriau discloses every limitation of the challenged claims. Petitioner mapped Moriau’s tongue (9) and groove (10), its locking strip (23) with an upwardly directed locking element, and its coacting locking surfaces (73, 74) to the corresponding elements of independent claims 1 and 11. Petitioner asserted that the "dust chambers" (81) disclosed in Moriau constitute the claimed "inoperative spaces" and that the arrangement shown in FIG. 23 satisfies the "not in direct contact" limitation of claim 1, particularly under Petitioner's proposed claim construction.
    • Key Aspects: This anticipation argument hinges on the interpretation that features like "dust chambers" in Moriau meet the functional requirements of the claimed "inoperative spaces."

Ground 2: Obviousness over Moriau Embodiments - Claims 1-12 are obvious over Moriau FIG. 8 in view of Moriau FIGS. 22-25

  • Prior Art Relied Upon: Moriau (WO 97/47834).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner asserted that if the embodiment in Moriau's FIG. 8 is considered the primary reference, it teaches most claim elements but lacks a locking strip that "projects from said vertical joint plane." Petitioner argued that this specific feature is explicitly taught by a different embodiment within the same Moriau reference, shown in FIGS. 22-25. The combination of these teachings would allegedly render the claimed invention obvious.
    • Motivation to Combine: A POSITA would combine these disclosed embodiments because Moriau itself provides express direction to combine features of its various embodiments. Furthermore, Moriau explains that an extended lower lip (as in FIGS. 22-25) simplifies engagement and milling, addressing a known goal of simplifying manufacturing that is also an objective of the ’625 patent.
    • Expectation of Success: A POSITA would have a high expectation of success because the combination involves known features from a single, highly relevant reference to achieve a predictable and disclosed advantage.

Ground 3: Obviousness over Friedl and Moriau - Claims 1-12 are obvious over Friedl in view of Moriau

  • Prior Art Relied Upon: Friedl (German Patent No. DE 4242530 C2) and Moriau (WO 97/47834).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Friedl teaches a base locking system for "building component panels," which includes a locking strip, tongue, and groove analogous to the claims. Moriau was then used to supply features common in flooring technology but not explicit in Friedl's system for general building panels. These included adding a "balancing layer" to the rear side of the core for stability and modifying Friedl's locking surfaces to have the specific planar and angled characteristics taught by Moriau for improved locking.
    • Motivation to Combine: Petitioner contended that a POSITA seeking to improve floorboard locking systems would find Friedl's system for building panels to be reasonably pertinent, as both technologies involve mechanically joining panels. A POSITA would be motivated to look to a seminal flooring reference like Moriau to adapt and optimize the Friedl design for a flooring application, incorporating known features from Moriau to enhance stability and locking performance.
    • Expectation of Success: Success would be expected, as the combination involves applying well-understood flooring technology (from Moriau) to a similar mechanical locking system (from Friedl) to solve problems of panel joining and stability common to both fields.
  • Additional Grounds: Petitioner asserted additional challenges, including anticipation by Friedl alone, anticipation by Applicant Admitted Prior Art (AAPA) from the ’625 patent's FIG. 4d, and other obviousness combinations based on different figures and embodiments within the Moriau reference.

4. Key Claim Construction Positions

  • "the lower tongue groove surface and the lower tongue surface are not in direct contact..." (Claim 1): Petitioner argued for a Broadest Reasonable Interpretation (BRI) where this phrase means the surfaces are "not in contact along at least a portion of their lengths." This construction was advanced based on two points: (1) FIG. 7 of the challenged ’625 patent itself appears to show partial contact, and (2) a complete lack of contact would lead to undesirable variances in floorboard height under pressure, a problem a POSITA would seek to avoid. This interpretation is critical for Petitioner's arguments, as it allows prior art showing any gap, however small or partial, to meet the limitation.
  • "inoperative spaces" / "inoperative surfaces" (Claims 1 and 11): Petitioner contended that since these terms are not explicitly defined in the ’625 patent, they should be construed according to their function described in the specification, which is to facilitate manufacturing by avoiding narrow tolerances and to decrease friction. This broad, functional interpretation allows features described in the prior art for other purposes, such as "dust chambers" in Moriau, to be mapped to these claim limitations.

5. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 1-12 of Patent 7,398,625 as unpatentable.