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 .
Election/Restrictions
Applicant’s election without traverse of specie 1 to figure 2a and claims 1-2, 5, 6, 10, 11, 18, 19 in the reply filed on 3/2/2026 is acknowledged.
Claims 3-4, 7-9, 12-17, 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/2/2026.
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) 1-2, 5-6, 10-11 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Bear (4949520).
Bear figure 15, shows a construction element system comprising:
a construction element body configured to transition between a first surface
and a second surface having a defined intersection(at the corner next to 17) thereby, wherein the construction element body includes at least one flanged insertable-receiving area and a surface profile; and at least one interchangeable insert(80) configured to removably interface with the flanged insertable-receiving area of the construction element body.
Per claim 2, Bear further shows the construction element body comprises dimensional material formed at a predetermined length (inherently so as a profile has dimensions).
Per claim 5, Bear further shows the transition between the first surface and the second surface is selected from the group consisting of horizontal-to-horizontal transitions, horizontal-to-vertical transitions, vertical-to-vertical transitions, and vertical-to-horizontal transitions (the corner has both horizontal and vertical transitions).
Per claim 6, Bear further shows the surface profile is selected from the group consisting of baseboards, chair rails, crown moldings, corner guards, end-caps, bumper rails, door frame components, window frame components, pass-throughs, hand-rails, architectural and transitional elements, chases, and security enclosures.
Per claim 10, Bear further shows the construction element body has a baseboard profile and has a flanged area comprising an upper keyway,(14) a lower keyway(where part 37 inserted , and a multi-use area (the usable area between the ends) provided therebetween.
Per claim 11, Bear further shows a first back component(90 or 85) configured to be securely coupled to the first surface and removably coupled via an interconnect structure to the upper keyway, and a second back component (3586) configured to be securely coupled to the first surface and removably coupled via a second interconnect structure(86) to the lower keyway.
Claim Rejections - 35 USC § 103
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.
Claim(s) 18-19 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Bear.
Bear shows all the claimed structural limitations. The claimed method steps of assembling construction elements would have been the obvious method steps of assembling Bear’s structures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different transition construction assemblies.
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/PHI D A/Primary Examiner, Art Unit 3633