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My point is that once you take away all design and go for minimalist that you can't change it much beyond that without impacting functionality.

The Hofmeister kind is an addition that does not impact functionality, it is the opposite of going for something minimalist. It is a design component specifically added as a signature.

Now if Apple had added a feature that is not relevant to functionality instead of removing a whole pile of stuff that was not relevant and someone copied that particular element they'd have a case imo. As it stands all they've done is taken the device to its logical conclusion. That should not be a protectable configuration.