PTAB

IPR2019-01133

Innovations4Flooring N.V. v. FLOORING INDUSTRIES LIMITED SARL

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1. Case Identification

2. Patent Overview

  • Title: Floor Covering and Floor Element
  • Brief Description: The ’460 patent discloses flooring panels that connect via male and female coupling parts on their edges. The invention centers on the panel's substrate, which substantially consists of a "filled synthetic material composite," such as a thermoplastic filled with wood chips or fibers, to form a durable floor covering.

3. Grounds for Unpatentability

Ground 1: Claims 7, 8, 10-13, 15-23, and 30 are obvious over Brice in view of Chen.

  • Prior Art Relied Upon: Brice (Application # 2006/0260253) and Chen (Application # 2006/0032175).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Brice taught all structural features of the claimed flooring elements in independent claim 7. This included rectangular panels with two pairs of opposite sides (long and short edges) having distinct coupling mechanisms: a "push-lock" mechanism for the short edges and a "turning" or "angling" mechanism for the long edges, both providing vertical and horizontal locking. The key missing element in Brice was a substrate made "substantially" of a filled synthetic material composite. Chen allegedly supplied this limitation by disclosing a wood/plastic composite core (30-95 wt% polymer encapsulating natural fibers) as a superior alternative to the standard HDF/MDF cores used in prior art like Brice.
    • Motivation to Combine: A Person of Ordinary Skill in the Art (POSITA) would combine the references because both addressed interlocking flooring panels, and Chen explicitly taught that its wood/plastic composite core provided improved moisture resistance and better integrity (less chipping) at the connection points compared to the HDF core used in Brice. A POSITA would therefore be motivated to substitute Chen's superior core material into Brice's panel design to create a more durable and reliable product.
    • Expectation of Success: A POSITA would have had a reasonable expectation of success because both references described floor panels with the same basic design (core, top layer, bottom layer, tongue/groove connectors). Chen further taught that its composite core could be used with many existing floor panel designs and locking mechanisms.

Ground 2: Claims 7, 8, 10-13, 15-23, and 30 are obvious over Pålsson in view of Chen.

  • Prior Art Relied Upon: Pålsson (Patent 6,591,568) and Chen (Application # 2006/0032175).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground presented a parallel argument to Ground 1, substituting Pålsson for Brice as the primary reference. Petitioner asserted Pålsson taught the structural features of the claimed floor panels, including a first pair of sides with a "push-lock" vertical assembly (snapping hook and undercut) and a second pair of sides with a "turning" or "tilting" assembly (tongue and groove). As with Brice, Pålsson's core was made of wood fibers bonded with resin. The argument relied on Chen to teach the claimed "filled synthetic material composite" core.
    • Motivation to Combine: The motivation was identical to Ground 1. A POSITA would be motivated to replace Pålsson's conventional wood fiber core with Chen's improved wood/plastic composite core to gain the known benefits of superior moisture resistance and durability, particularly as Pålsson itself noted that moisture can cause its wood-based core to expand.
    • Expectation of Success: The expectation of success was similarly high, as Pålsson and Chen related to the same technical field, addressed the same problems, and described panels with a fundamentally similar structure.

Ground 3: Claim 8 is obvious over Pålsson or Brice in view of Chen and further in view of Laver.

  • Prior Art Relied Upon: Pålsson (Patent 6,591,568) or Brice (Application # 2006/0260253), in view of Chen (Application # 2006/0032175), and further in view of Laver (WO 2005/044536).
  • Core Argument for this Ground:
    • Prior Art Mapping: This ground specifically addressed dependent claim 8, which required the filled synthetic material composite to comprise "at least two zones of different composition." Petitioner argued that even if the combination of Brice/Pålsson and Chen did not render this feature obvious, adding Laver would. Laver taught an extruded cellular wood-plastic composite plank manufactured via co-extrusion to have zones of different compositions, such as a low-density (foamed) core and a high-density (non-foamed) outer skin or flanges.
    • Motivation to Combine: Laver taught that this zoning technique added strength to the member while reducing overall weight and cost. A POSITA would be motivated to apply Laver's co-extrusion zoning concept to the wood-plastic composite core taught by Chen (within the panel structures of Brice or Pålsson) to create a flooring panel with stronger, more durable coupling parts and a lighter, less expensive central core.
    • Expectation of Success: A POSITA would have an expectation of success because both Chen and Laver taught the use of co-extrusion to manufacture wood-plastic composite planks, demonstrating the compatibility of the techniques and materials.

4. Key Claim Construction Positions

  • "filled synthetic material composite" (claim 7): Petitioner proposed this term should be construed to mean "a composite having a matrix formed of a synthetic material and filler material contained within that matrix." This construction was argued to be critical and consistent with the patent's prosecution history, where the applicant distinguished the invention from prior art by emphasizing that the synthetic material (e.g., thermoplastic) forms the matrix, not the filler material (e.g., wood fibers). This construction supports the argument that the composite disclosed by Chen, where a polymer "encapsulates" wood fibers, met the claim limitation.

5. Relief Requested

  • Petitioner requested institution of an inter partes review and cancellation of claims 7-8, 10-13, 15-23, and 30 of the ’460 patent as unpatentable under 35 U.S.C. §103.