Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is the final Office Action for the serial number 17/376,886, ATTACHMENT DEVICE FOR WOODEN I-JOIST/LUMBER, filed on 7/15/21.
Claim Rejections - 35 USC § 102
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.
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.
Claims 15, 23 and 25 are rejected under 35 U.S.C. 102(1a) as being anticipated by US Patent # 6,505,447 to Oliver et al.
Oliver et al. teaches an attachment device assembly comprising an attachment device configured to be attached directly to the structural component (95). The attachment device including a first plate member including a planar portion having an inner surface configured for abutting a first side of the structure component and the planar portion defining a first fastening opening, and a raised portion extending outward from the planar portion having an inner surface that is spaced outward from the inner surface of the planar portion and an outer surface opposite the inner surface of the raised portion. The attachment device including a second plate (36) configured for engagement with a second side of the structure opposite the first side, wherein the second plate member defines a second fastener opening alignable with the first fastener opening when the first and second plate members are in engagement with the respective first and second sides of the structural component. The attachment device assembly includes a fastener (39) configured to be received in the first and second fastener openings and through the structural component for attaching the attachment device to the structural component and a fitting (53) secured to and engaging the outer surface of the raised portion. The fitting is secured to the raised portion through at least one fastener (41). The outer surface is located within a plane that is spaced away from a plane of the planar portion along a direction extending orthogonally to both planes.
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Claim Rejections - 35 USC § 103
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.
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Oliver et al. in view of US Patent # 9,206,594 to Grevious et al.
Oliver et al teaches the structural component comprises a I-joist (90) but fails to teach the I-joist is wooden. Grevious et al. teaches the wooden I-joist (12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oliver et al.’s I-joist with wooden as taught by Grevious et al. to provide an alternative and effective means of connecting the attachment device to the structural component for stability.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Oliver et al. in view of US Patent Application Publication # 2009/0188185 to Studebaker et al.
Oliver et al. teaches the fastener but fails to teach the fastener comprises a wood screw. Studebaker et al. teaches the wood screw (2130). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Oliver et al.’s fastener with wood screw as taught by Studebaker et al. to provide a stuffer and stronger wooden floor system (see section 0103 in Studebaker et al.’s invention).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Oliver et al. in view of US Patent Application Publication # 2004/0079034 to Leek.
Oliver teaches the second plate but fails to teach the second plate comprises wood. Leek teaches the wood material (section 0084). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced Oliver’s second plate with wood as taught by Leek to provide alternative material to secure on the structural component.
Allowable Subject Matter
Claim 24 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 2,4,7,14 and 21-22 are allowed.
Response to Arguments
Applicant's arguments filed 11/21/25 have been fully considered but they are not persuasive.
The applicant argues “With respect to claim 15, Oliver has not been shown to disclose or suggest “a fastener configured to be received in the first and second fastener openings and through the structural component.” See figure 3 from Oliver’s invention, the examiner is using element #95 for structural component not the beam #90A or #91. The structural component is not part of the beam and it separated from the beam. The structural component has a plurality of holes for allowing the fastener to pass there through. If the limitation with “structural component” is amended to ---wherein the structural component is an I-beam--- then it will overcome the prior art with Oliver.
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Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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ALFRED J. WUJCIAK
Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 2/12/2026