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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 6/23/2025 is acknowledged. Claims 16-20 have been withdrawn. Claims 1-15 are pending and examined below.
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) 1-3 and 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott et al. (U.S. Publication No. 2006/0180731).
Regarding claim 1, Scott et al. discloses an adjustable joint inlay (44, Figs. 2 and 5-7) comprising a first end (68, Fig. 5) that contacts a first protrusion (42, Figs. 5-6) of a liner (20) a second end (68 opposite first end, Fig. 5) that contacts a second protrusion (42) of the liner, the contacts with the first protrusion and second protrusion hold the adjustable joint inlay in position in the liner; and an adjustable protrusion (approximate 62) extending from a first face (surface approximate 40, Fig. 3) of the adjustable joint inlay.
Regarding claims 2 and 12, Scott et al. discloses the adjustable protrusion (approximate 62) having a contour at a distal end of the adjustable protrusion, the contour creates an apparent masonry joint with concrete is poured over the liner (Figs. 2 and 5-7).
Regarding claim 3, Scott et al. discloses a first side and a second side (sides abutting the brick).
Regarding claim 4, Scott et al. discloses a first tab extending from a first side and a second tab extending from the second side.
Regarding claim 5, Scott et al. discloses the first tab and/or second tab are removable.
Regarding claim 10, Scott et al. discloses the adjustable joint inlay (40) is slidable along a gap (approximate 46) formed between the first protrusion (42) and second protrusion (42).
Regarding claim 11, Scott et al. discloses a liner (20) comprising a liner first end (72, Fig 2); a liner second end (76, Fig. 2); a liner first side (74); a liner second side (78); a liner first face (approximate 40, Fig. 2); a liner second face (opposite 40); a first protrusion (42a, Figs. 2-4) extending outward from the liner first face and located from the liner first end (72) to the liner second end (76); a second protrusion (42b) extending outward from the liner first face (approximate 40) and located from the liner first end (72) to the liner second end (76), the second protrusion substantially parallel to the first protrusion and forming a gap (approximate 46) between the first protrusion and the second protrusion; an adjustable joint inlay (44, Figs. 5-7) comprising a first end (68) that contacts the first protrusion of the liner; a second end (68) that contacts the second protrusion of the liner, the contacts with the first protrusion and second protrusion hold the adjustable joint inlay in position in the liner; and an adjustable protrusion (approximate 62) extending from a first face (approximate 40) of the adjustable joint inlay.
Regarding claim 13, Scott et al. discloses the first end (68) having an end profile that substantially matches a protrusion profile of the first protrusion (42, Figs. 5-6).
Regarding claim 14, Scott et al. discloses a mating of the end profile and the protrusion profile hold the adjustable joint inlay in the position in the liner (Figs. 5-7).
Regarding claim 15, Scott et al. discloses the adjustable joint inlay (44) is slidable along the gap (46) formed between the first protrusion (42a) and second protrusion (42b).
Allowable Subject Matter
Claims 4-9 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or suggest an adjustable joint inlay comprising a first end that contacts a first protrusion of a liner, a second end that contacts a second protrusion of the liner, an adjustable protrusion extended from a first face of the adjustable joint inlay. Wherein a first tab extends from a first side and a second tab extends from the second side as recited in claim 4 in combination with claims 1-3 in its entirety.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633