DETAILED ACTION
The Amendment filed on 08/05/2026 has been entered. Claim(s) 1, 2, and 4-6, have been amended and claim(s) 11-20 have been cancelled. Therefore, claims 1-10 are now pending in the application.
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 of this title, 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, 4-7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (CN 106836518 A with Espacenet translation) in view of Tamaoki (JP 3675148 B2) with Derwent translation.
Regarding claim 1, Fan et al. teaches an elongated strip of control joint material (expansion joint; para 1), comprising: (a) a first lateral flange (see annotated figure 1 below) terminating laterally at a first edge (annotated figure 1); (b) a second lateral flange (annotated figure 1) terminating laterally at a second edge (annotated figure 1); and (c) a central portion (annotated figure 1) laterally interposed between the first lateral flange and the second lateral flange (annotated figure 1), wherein the central portion is configured to transition between a flattened configuration and a folded configuration (it is understood that the sheet begins as flat and then the V-shaped protrusion [folded configuration at 5] is formed; para 37), wherein the central portion is substantially coplanar with a directly adjacent portion of the first lateral flange and the second lateral flange in the flattened configuration (it is understood that the central portion would be substantially coplanar with a directly adjacent portion of the first lateral flange and the second lateral flange in the flattened configuration), wherein the central portion extends vertically away from the directly adjacent portion of the first lateral flange and the second lateral flange in the folded configuration (annotated figure 1), wherein the central portion is configured to flex relative to both the first lateral flange and the second lateral flange in the folded configuration (it is understood that expansion joints are inherently configured to expand or flex), wherein the central portion comprises a first manufactured crease line (annotated figure 1) extending longitudinally along the elongated strip of control joint material (annotated figure 1), wherein the first lateral flange is connected to the central portion via a second manufactured crease line and the second lateral flange is connected to the central portion via a third manufactured crease line (annotated figure 1), wherein the second manufactured crease line and the third manufactured crease line extend longitudinally along the elongated strip of control joint material (annotated figure 1).
Fan et al. does not specifically disclose the first, second, and third manufactured crease lines extending longitudinally along the elongated strip of control joint material while the central portion is in the flattened configuration, wherein the first manufactured crease line is configured to facilitate the central portion in transitioning from the flattened configuration into the folded configuration.
Tamaoki discloses a metal roll formed plate (para 1) including multiple manufactured crease lines (multiple crease lines 15 are disclosed; figures 1A and 1B; para 18) extending longitudinally along the elongated strip of control joint material while the central portion is in the flattened configuration (figure 1A), wherein the first manufactured crease line is configured to facilitate the central portion in transitioning from the flattened configuration into the folded configuration (figures 1A to 1B).
Therefore, from the teaching of Tamaoki, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the expansion joint of Fan et al. such that the first, second, and third manufactured crease lines extending longitudinally along the elongated strip of control joint material while the central portion is in the flattened configuration, wherein the first manufactured crease line is configured to facilitate the central portion in transitioning from the flattened configuration into the folded configuration, as taught by Tamaoki, in order to facilitate manufacturing of the plate by adding crease lines that will make it easier to bend the plate into the final desired configuration, and ultimately enhance the quality control of the final product during manufacturing.
Regarding claim 4, Fan et al. teaches the central portion comprises a first member (annotated figure 1) and a second member (annotated figure 1), wherein the first member and the second member are connected to each other at the first manufactured crease line (annotated figure 1).
Regarding claim 5, Fan et al. teaches wherein the second lateral flange and the second member are connected to each other via the third manufactured crease line (annotated figure 1).
Regarding claim 6, Fan et al. teaches wherein the first lateral flange and the first member are connected to each other via the second manufactured crease line (annotated figure 1).
Regarding claim 7, Fan et al. teaches the first member and the second member form a V-shape when the central portion is in the folded configuration (annotated figure 1).
Regarding claim 9, Fan et al. teaches the first lateral flange and the second lateral flange define a plurality of apertures (apertures through which the nails 6 extend; figure 2).
Claim(s) 2, 3, and 8, are rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (CN 106836518 A with Espacenet translation), in view of Tamaoki (JP 3675148 B2) with Derwent translation, and in view of Kitajima et al. (JP 2004270375 A with Espacenet translation).
Regarding claim 2, Fan et al. does not specifically disclose the elongated strip of control joint material forms a roll while the central portion is in the flattened configuration.
Kitajima et al. discloses an expansion joint (para 1) which forms a roll while the central portion is in the flattened configuration (figure 3).
Therefore, from the teaching of Kitajima et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the expansion joint of Fan et al. such that the elongated strip of control joint material forms a roll while the central portion is in the flattened configuration, as taught by Kitajima et al., in order to provide the sheet material in a compact form to decrease size and shipping costs.
Regarding claim 3, Kitajima et al. in the combination discloses a segment having a customizable length is configured to be unrolled from the roll and separated from the rest of the elongated strip of control joint material (para 12).
Regarding claim 8, Fan et al. does not specifically disclose the first lateral flange, the second lateral flange, and the central portion are formed of a plastic material.
Kitajima et al. discloses an expansion joint (para 1) wherein the first lateral flange, the second lateral flange, and the central portion are formed of a plastic material (para 39).
Therefore, from the teaching of Kitajima et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the expansion joint of Fan et al. such that the first lateral flange, the second lateral flange, and the central portion are formed of a plastic material, as taught by Kitajima et al., in order to reduce the overall weight of the sheet material to facilitate installation and reduce shipping costs.
Claim(s) 10, is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. (CN 106836518 A with Espacenet translation), in view of Tamaoki (JP 3675148 B2) with Derwent translation, and in view of Loscuito (U.S. Patent No. 5,246,775).
Regarding claim 10, Fan et al. does not specifically disclose the elongated strip of control joint material is wrapped around a central roll tube.
Loscuito discloses a tape for seams in drywall (abstract) wherein the elongated strip material is wrapped around a central roll tube (figure 1).
Therefore, from the teaching of Loscuito, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the expansion joint of Fan et al. such that the elongated strip of control joint material is wrapped around a central roll tube, as taught by Loscuito, in order to provide the sheet material in a compact form to decrease size and shipping costs.
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Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection.
New reference Tamaoki (JP 3675148 B2) has been added to overcome the newly added limitations. Applicant provided the argument that Fan et al. does not specifically disclose a first manufactured crease line extending longitudinally along the elongated strip of control joint material while the central portion is in the flattened configuration … [or] a second manufactured crease line connecting the first lateral flange to the central portion and a third manufactured crease line connecting the second lateral flange to the central portion, both extending longitudinally while the central portion is in the flattened configuration. The examiner has found the argument persuasive. New reference Tamaoki discloses a roll formed steel plate which includes crease lines in the plate while in the flattened configuration. While Tamaoki does not specifically disclose show all first second and third fold lines, the lines are already taught by primary reference Fan et al. Secondary reference Tamaoki is showing that it would have been obvious to modify the plate of Fan et al. to have its three folded lines being crease lines when in the flattened configuration.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633
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