DETAILED ACTION
Election/Restrictions
Claim 16 was withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. The claims contain limitations directed to a web with a notch with angled sidewalls which are recessed into the web and which connect at a connection point. This is directed to Figure 5 which corresponds to nonelected Species 5. Therefore Claim 16 is withdrawn by the examiner.
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) 1, 2, 6, 9, 11, 12, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gabler (DE 2927426) in view of Hakansson (SE505883), and in further view of Fletcher (U.S. 8,997,414).
In re Claims 1 and 12, Gabler teaches a corner profile (1) with a first leg (1a) on the back; a second leg (1b) on the front; and a web (1c) that connects the short leg and the long leg. The web extends beyond an attachment point of the second/short leg with the web forming a web extension. This web extension (3) has a shadow gap (3a) on a back side of an end portion of the web extension. (Figures 1-2; Annotated Figure)
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Gabler does not teach that the first leg is a long leg or that the second leg is a short leg.
Hakansson teaches a profile (311) with a first leg (312) that is longer the second leg (315). The profile is made from thin sheet of metal or plastic which would be flexible. This profile is found at a corner joint between wall panels (1). (Figure 4, Claim 10)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Gabler with a “long” leg. This long leg would allow for greater attachment surface area to improve the connection of the corner profile to a panel. In the combination, the first leg is the long leg and the second leg is the short leg.
Gabler modified by Hakansson has been previously discussed but does not teach at least one of a groove and a notch running along the longitudinal axis of the profile on the outside on the portion located between the long leg and the short leg.
Fletcher teaches a corner profile (10) that secures a panel (102) against a wall. The profile has horizontal section with a groove/notch16,28) that runs the longitudinal axis of the profile. A sidewall is that near its bottom appears to be perpendicular to the bottom/recessed wall of the groove/notch. A double-sided foam tape (34) is placed within the recess. Such tape usually has a protective paper strip that protects the adhesiveness of the tape, prior to its use. (Figures 1,2)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention, to incorporate the recess with an adhesive strip, as is taught by Fletcher. This adhesive within the recess would help secure the profile into position. In the combination, the recess and adhesive strip are on the outside on the portion of the profile between the long leg and the short leg. The sidewall bottom appears to be parallel to the bottom web of the corner profile in the combination
While the Fletcher reference does not teach that the groove/notch has a recessed wall between flat parallel sidewall, the examiner contends that such a shape is not critical and that it would have been obvious to one of ordinary skill in the art to have a recess with 2 parallel side walls instead of just the one shown. Both would still perform the function of receiving the tape (34).
The Gabler/Hakansson/Fletcher combination discloses that the long leg on the back is configured to rest over its full length against the edge region of the structural element in the expansion joint. The structural element has not been positively claimed. The long leg in the corner profile combination is thin and flexible. Therefore, it is configured to flex so that its full length could rest against the edge region of the structural element.
In re Claim 2, Gabler modified by Hakansson has been previously discussed. Gabler also teaches that the web extension has at least one bevel (3a) on the back side of the end portion of the web portion to form the shadow gap. (Figures 1-2; Annotated Figure)
In re Claim 6, Gabler modified by Hakansson has been previously discussed. Gabler also teaches the front corner region formed by the front side of the short leg and the top side of the web extension has a concave shape on the outside in cross section. (Figures 1-2; Annotated Figure)
In re Claim 9, Gabler modified by Hakansson has been previously discussed but does not teach that the shadow gap has a coating which reduces the adhesion of a paint to the inside corner profile. The examiner would first point out that any coating that is applied to the profile, including the surface of the shadow gap, will act as a barrier to paint directly adhering to the inside corner profile. Furthermore, silicone caulks and sealants applied to corner profile structures are well known in the art and the examiner takes official notice of this. Silicone caulks can interfere with the adhesion of paint.
In re Claim 11, Gabler modified by Hakansson has been previously discussed. The examiner notes that the preamble and positively claimed limitations are directed to an inside corner profile. The flat structural elements have not been positively claimed. Therefore, the limitations directed to the flat structural elements are not afforded patentable weight.
However, the examiner notes that Figure 4 of Hakansson shows a flat structural elements (1) with a thickness that is placed within a slot (313) of the profile (311). A panel (1) that is wider that the slot (313) would be obvious as it assures a tighter fit.
In re Claim 14, Gabler modified by Hakansson has been previously discussed but does not teach the inside corner profile is made of a plastic or aluminum. It would have been obvious to one having ordinary skill in the art to use plastic or aluminum, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Aluminum and plastic are durable and lightweight materials that are readily shaped into profiles.
In re Claim 15, Gabler modified by Hakansson has been previously discussed. Both Gabler and Hakansson teach profiles (Gabler – 1, Hakansson – 311) that are used secure wall panels in constructing walls at corners. While neither teaches that the panels are drywall, the examiner notes that drywall are well known and conventional wall panel material and takes official notice of this. Drywall materials are readily available and easy to modify to fit the wall space needed.
Response to Arguments
Applicant's arguments filed 01/13/2026 have been fully considered but they are not persuasive. The applicant argues that the Fletcher reference does not teach the disclosed amended language. This has been addressed in the above rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
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.
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/ADAM G BARLOW/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633