Prosecution Insights
Last updated: October 02, 2026
Application No. 18/396,211

Interlocking Gypsum Building Surface Products, Methods of Manufacture, and Interlocking Gypsum Building Surface Systems

Non-Final OA §102§103
Filed
Dec 26, 2023
Priority
Jul 17, 2019 — provisional 62/875,238 +2 more
Examiner
WASHVILLE, JEFFREY D
Art Unit
1766
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Certainteed LLC
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
1025 granted / 1281 resolved
+15.0% vs TC avg
Minimal -4% lift
Without
With
+-4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
47 currently pending
Career history
1312
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1281 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 6/21/2026 has been entered. Response to Amendment 3. The Applicant's submission filed on 6/21/2026 has been entered and considered. The status of the claims are as follows. Claim Rejections - 35 USC § 102 4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 5. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 6. Claims 23-28, 30-31, 33-35, 40-42 and 44-45 are rejected under 35 U.S.C. 102(a)(1) and rejected under 35 U.S.C. 102(a)(2) as being anticipated by (US 2018/0073246 A1) to Ullett et al. (hereinafter Ullett). Ullett is directed toward gypsum panel building products. Ullett discloses at paragraph [0023] that the panel is a gypsum panel. Ullett discloses at paragraph [0007] that the panels have a folded edge. Ullett discloses at paragraph [0008] that the folded panel includes score lines, which is an angled slit. Ullett discloses at paragraph [0008] that the brackets retain panels at multiple edges, which can be pressed onto the panel. Ullett discloses at paragraph [0006] that the edges are pressed into brackets to hold the panels without the use of glue or fasteners. Ullett discloses each and every element of claims 23-28, 30-31, 33-35, 40-42 and 44-45. Claim Rejections - 35 USC § 103 7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 8. 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. 9. Claims 23-28, 30-31, 33-42 and 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2018/0073246 A1) to Ullett et al. (hereinafter Ullett). Ullett is directed toward gypsum panel building products. Ullett discloses at paragraph [0023] that the panel is a gypsum panel. Ullett discloses at paragraph [0007] that the panels have a folded edge. Ullett discloses at paragraph [0008] that the folded panel includes score lines, which is an angled slit. Ullett discloses at paragraph [0008] that the brackets retain panels at multiple edges, which can be pressed onto the panel. Ullett discloses at paragraph [0006] that the edges are pressed into brackets to hold the panels without the use of glue or fasteners. It would be obvious to one skilled in the art at the time of the filing of the disclosure of Ullett to select each and every element as arranged in the claims forming a prime facie case of obviousness for claims 23-28, 30-31, 33-42 and 44-45. Conclusion 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5. 11. 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. 12. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 13. 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. /JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
Read full office action

Prosecution Timeline

Show 1 earlier event
Mar 06, 2025
Non-Final Rejection mailed — §102, §103
Aug 06, 2025
Response Filed
Aug 18, 2025
Final Rejection mailed — §102, §103
Feb 17, 2026
Request for Continued Examination
Feb 23, 2026
Response after Non-Final Action
Jun 19, 2026
Request for Continued Examination
Jun 22, 2026
Response after Non-Final Action
Aug 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
76%
With Interview (-4.5%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1281 resolved cases by this examiner. Grant probability derived from career allowance rate.

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