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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/11/2026 has been entered.
Claim Rejections - 35 USC § 112
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.
Claim 13 is 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.
Claim 13 recites the limitation "the first face, the second face, and the third face" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, claim 13 is interpreted as dependent from claim 10 which provides antecedent basis for the first face, the second face, and the third face.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2006/0283130 to Andrews (“Andrews”).
Regarding claim 1, Andrews discloses an apparatus capable of fitting to an end of an internal wall having a planar wall surface and a wall edge, the wall edge having an outwardly facing surface that lies perpendicular to the planar wall surface, said apparatus comprising a one-piece capping 3 including: a web portion 11 having a unitary, planar surface 11 lying in a first plane and extending continuously and uninterrupted between longitudinally extending, opposite side portions; and a pair of legs 13, 14 extending in a same direction as said opposite side portions, respectively, perpendicular to the unitary, planar surface 11 of the web portion, wherein each leg includes a respective connection member (planar portions of 13, 14) adapted to overlap the planar wall surface of the internal wall when in a fitted position relative to the internal wall, and be covered in plaster to fit the apparatus to the end of the internal wall, wherein each connection member lies in spaced parallel planes to each other and substantially perpendicular to said first plane and are hidden from view when covered in plaster; at least one of the legs in said pair of legs having a recess 20, 21 that extends toward the other of said at least one of the legs and protrudes into a space defined by the web portion and the pair of legs, thereby defining a decorative shadow line adjacent to the end of the internal wall, wherein when the apparatus is in the fitted position relative to the internal wall end, the decorative shadow line and the web portion are spaced from the wall edge and are visually exposed.
Regarding claim 6, Andrews discloses that each said respective connection member has a raised portion 16, 17 next to, and defining, the respective recess.
Regarding claim 7, Andrews discloses that the respective recesses 20, 21 are either aligned or non-aligned with one other.
Allowable Subject Matter
Claims 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art, alone or in obvious combination absent hindsight, discloses applicant’s invention of an apparatus comprising inter alia, wherein the recess is defined by a first face, a second face, and a third face within the recess, and wherein the first face contacts the wall edge when in the fitted position. The closest prior art to Andrews discloses a recess with only two faces. The recess of Andrews has two faces to form a V-shape in order to mate with a corresponding V-shaped protrusion in an adjacent adjoining element. Changing the shape of the recess to have three faces where a first face is adapted to contact a wall edge would inhibit connection between the adjoining element and the apparatus. Such a modification would substantially alter the manner in which Andrew’s invention is intended to operate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
Prosecution Insights