DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 03/08/2026 has been acknowledged. Claims 1-20 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group I (claims 1-10) in the reply filed on 03/08/2026 is acknowledged.
2. Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Groups II and III. Election was made without traverse in the reply filed on 03/08/2026.
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, 4-7, and 9, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fan et al. (CN 106836518 A with Espacenet 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 manufactured crease line is configured to facilitate the central portion in transitioning from the flattened configuration into the folded configuration (it is understood that the crease is capable of facilitating the central portion in transitioning from the flattened configuration into the folded configuration).
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 coupled to each other at the first manufactured crease line (annotated figure 1).
Regarding claim 5, Fan et al. teaches a second manufactured crease line (annotated figure 1) extending longitudinally along the elongated strip of control joint material (annotated figure 1), wherein the second lateral flange and the second member are coupled to each other via the second manufactured crease line (annotated figure 1).
Regarding claim 6, Fan et al. teaches a third manufactured crease line (annotated figure 1) extending longitudinally along the elongated strip of control joint material (annotated figure 1), wherein the first lateral flange and the first member are coupled to each other via the third 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 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) 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 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 in the flattened configuration.
Kitajima et al. discloses an expansion joint (para 1) which forms a roll while 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 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 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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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to control joints in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR 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