DETAILED ACTION
This is a Non-final Office Action on the merits for U.S. App. 18/206,566. Receipt of the RCE, amendments, and arguments filed on 04/07/2026 is acknowledged.
Clams 1-13, 15, and 17-20 are pending.
Claims 14 and 16 are cancelled.
Claims 1-13, 15, and 17-20 are examined.
Continued Examination Under 37 CFR 1.114
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/07/2026 has been entered.
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, 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) 1-13, 15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kratzer (EP 2093334) in view of Knapp (EP 3985189).
Regarding claim 1, Kratzer discloses a connection between a first structure member (#46) and a second structural member (#48) with a connector (the connector formed by elements #10), the connection comprising:
the first structural member having a generally planar attachment face (the right, outer vertical face of member #46 of figure 5);
the second structural member having a generally planar attachment face (the left, outer vertical face of member #48 of figure 5) that is disposed in close relation to the attachment face of the first structural member and is generally parallel with the attachment face of the first structural member (see figure 5);
the connector (the connector formed by elements #10), the connector having a first connector member (the left member #10 of figure 5) attached to the first structural member (see figure 5), and a second connector member (the right member #10 of figure 5) attached to the second structural member (see figure 5), the first and second connector members having a longitudinal axis that extends from a top portion of the first and second connector members to a bottom portion of the first and second connector members (the vertical, longitudinal axis of figure 1, which extends from the top to the bottom of each connector #10); the first connector having one or more projections (#18) and the second connector member having one or more projections (#18);
the first connector member has one or more elongated slots (the slot formed between legs #20) that receive the one or more projections of the second connector member (see figure 5), and the second connector has one or more elongated slots (the slot between legs #20) that receive the one or more projections of the first connector member (see figure 5);
the first and second connector members are attached to the first and second structural members with elongated fasteners (the screws or nails which are to be received within the various apertures #40/32 of the connectors);
at least one of the one or more elongated fasteners passes through a respective one of the one or more projections of each of the first and second connector members at an acute angle to the longitudinal axis (see figures 3 and 5, where apertures #32 within the projection #18 are angled so as to form an acute angle with the fastener extending therethrough);
the first connector member is also attached to the first structural member with one or more fasteners set orthogonally to the generally planar attachment face of the first structural member (the fasteners extending through holes #40 at the top of the connector member of figure 1 extend perpendicular to the outer face of the structural members when extending therethrough; see figure 2); and
the second connector member is also attached to the second structural member with one or more fasteners set orthogonally to the generally planar attachment face of the second structural member (the fasteners extending through holes #40 at the top of the connector member of figure 1 extend perpendicular to the outer face of the structural members when extending therethrough, see figures 3 and 5).
However, Kratzer does not disclose at least one of such fasteners set orthogonal to the first and second structural members passes through a respective one of the projections of the first and second connector members. It is highly well known in the art, as evidenced by Knapp, that such connectors #4/5 used to fasten to two separate structural members and attach such structural members to one another (see figure 3) can comprise of identical connectors, with a slot #20 configured to receive a projection #19 of the other connector. See figure 6. Knapp further discloses that fastener holes #8 and #9 can be provided throughout the connectors, where holes can extend orthogonal to the connector as with holes #9 in figure 5, or can extend at an acute angle thereto, as with holes #8 of figure 8, and thus better attach the connectors to the structural members, where figure 5 depicts the two differently oriented holes #8 and #9 can both extend through the same projection portion #11 of the connector member. Therefore, it would have been obvious before the effective filing date of the claimed invention to have provided both acute angled and perpendicular fastener holes through the projections of the connector members of Kratzer, as taught in Knapp, in order to increase the connection strength between the connector members and the structural member they are attached to.
Regarding claim 2, Kratzer in view of Knapp render obvious the connector is formed with a columnar axis that is orthogonal to the longitudinal axis and generally orthogonal to the parallel attachment faces of the first and second structural members (the horizontal x-axis of figure 1 of Kratzer can be considered the columnar axis); and the first and second connector members of the connector are formed with shoulders or flanges disposed in interfacing relation along the columnar axis that is disposed generally orthogonally (the overhang can be considered the overhang surface #26/24 of Kratzer which is to engage the projection of the other connector member so as to engage along such a columnar axis).
Regarding claim 3, Kratzer in view of Knapp render obvious the columnar axis is generally aligned with some of the elongated fasteners that connect the connector members to the first and second structural members (figure 1 of Kratzer depicts the horizontal x-axis that extends along overhang free edge #24 is aligned with apertures #40 on either side thereof).
Regarding claim 4, Kratzer in view of Knapp render obvious the first connector member is formed with a body (Kratzer; #20), and the body has one or more openings (Kratzer; #40) that receive one or more angled fasteners that are received by the first structural member (figure 2 of Kratzer depicts the openings #40 further down on body #20 extend at an acute angle compared to the topmost openings thereof); and the second connector member is formed with a body (Kratzer; #20), and the body has one or more openings (Kratzer; #40) that receive one or more angled fasteners that are received by the first structural member (figure 2 of Kratzer depicts the openings #40 further down on body #20 extend at an acute angle to perpendicular compared to the topmost openings thereof).
Regarding claim 5, Kratzer in view of Knapp render obvious the one or more angled fastener received in the first structural member enter a generally planar attachment face of the first structural member at a non-orthogonal angle to the generally planar attachment face (see figure 5 of Kratzer, where the fasteners extending through the acute angled openings #40 would extend at a non-orthogonal angle relative to the outer vertical faces of the structural members); and the one or more angled fastener received in the second structural member enter a generally planar attachment face of the second structural member at a non-orthogonal angle to the generally planar attachment face (see figure 5 of Kratzer, where the fasteners extending through the acute angled openings #40 would extend at a non-orthogonal angle relative to the outer vertical faces of the structural members).
Regarding claim 6, Kratzer in view of Knapp render obvious the first connector member is also attached to the first structural member with one or more fasteners set orthogonally to the generally planar attachment face of the first structural member (the openings #40 at the topmost portion of the connectors of figure 1 of Kratzer extend orthogonal to the connector member and structural member, as depicted in figures 3 and 5); and the second connector member is also attached to the second structural member with one or more fasteners set orthogonally to the generally planar attachment face of the first structural member (the openings #40 at the topmost portion of the connectors of figure 1 of Kratzer extend orthogonal to the connector member and structural member, as depicted in figures 3 and 5).
Regarding claim 7, Kratzer in view of Knapp render obvious the one or more openings that receive the one or more angled fasteners in the body of the first connector member are angled openings; and the one or more openings that receive the one or more angled fasteners in the body of the second connector member are angled openings (figures 2 and 5 of Kratzer depict the openings #40 that receive angled fasteners are angled at an acute angle).
Regarding claim 8, Kratzer in view of Knapp render obvious the first and second connector members are made with opposed end edges at the top and bottom portions of the connector along the longitudinal axis, and the one or more projections are formed near one end edge, and the one or more slots are formed at the opposed end edge (figure 1 of Kratzer depicts the projections are formed at the top edge of the connector member and the slots are formed at the bottom edge of the connector member).
Regarding claim 9, Kratzer in view of Knapp render obvious the one or more projections and the one or more slots extend from the end edges toward the middle of the connector (see figure 1 of Kratzer).
Regarding claim 10, Kratzer in view of Knapp render obvious the connector members are substantially longer along the longitudinal axis than the combined lengths along the longitudinal axis of the one or more projections and the one or more slots (though Kratzer depicts the combined length of the projection and the slot is equal to the total length of the connector, Knapp depicts the slot #20 of the connector member can extend partially toward a center of the member and the projection #19 extends toward the center as well so that a solid body portion #7 extends between the projection and slot and thus the total length of the connector member is longer than that of the combined lengths of the projection and slot and it would have been obvious before the effective filing date of the claimed invention to have constructed the lengths of the slot and projection of the connector members of Kratzer to be less in combination than that of the total length of the connector member, as taught in Knapp, in order to strengthen the central, body portion of the connector members during use.).
Regarding claim 11, Kratzer in view of Knapp render obvious the connector members of the connector are identical; and the connector members are oriented along the longitudinal axis in opposed manners such that the connector members matingly engage each other (figure 5 of Kratzer and figure 3 of Knapp depict such connector members are to be identical to one another and oriented in an opposed manner so as to engage the projections and slots with one another).
Regarding claim 12, Kratzer in view of Knapp render obvious one of the connector members is oriented along the longitudinal axis with the one or more projections of the connector member located above the one or more slots of the same connector member (the right, second connector 10 of figure 5 of Kratzer has such an orientation as defined); the one or more angled fasteners have tips and opposed heads with the one or more tips being the first part of the one or more angled fasteners that is driven into the first or second structural members (see figure 5 of Kratzer, where the angled fasteners through angled holes #40 or holes #32 would comprise of a tip extending into the structural members and an opposed head that sits against the connector member); and the one or more angled fasteners that are set at an acute angle to the generally planar attachment face which the one or more angled fasteners engage are directly downwardly with respect to the longitudinal axis with the tips of the one or more angled fasteners being below the heads of the one or more angled fasteners (though figure 5 of Kratzer depict the tips of the fasteners of the second connector #10 extend upward instead of downward as defined, figure 8a of Kratzer depicts the fasteners can extend through fastener openings #30 at an downward angle when the connector is so oriented as defined and it would have been obvious before the effective filing date of the claimed invention to have constructed the angle of the openings for the fasteners of the connector members to be angled in the opposite direction so as to extend below the heads of fasteners, as taught in figure 8a, in order to provide strength in specific directions during use).
Regarding claim 13, Kratzer in view of Knapp render obvious a majority of all fasteners received by the first and second connector members are disposed at an acute angle with respect to the longitudinal axis of the connector member (see figures 1, 2 and 3 of Kratzer, where a majority of the openings #40 are angled at an acute angle as opposed to the openings which extend perpendicular to the connector member).
Regarding claim 15, Kratzer in view of Knapp render obvious the first and second connector members are formed with central portions between the top and bottom portions of the first and second connector members (the central portion of legs #20 of Kratzer); the one or more angled fasteners have tips and opposed heads with the one or more tips being the first part of the one or more angled fasteners that is driven into the first or second structural members (the fasteners each comprise of a threaded shaft with tip and a head to be secured at a respective opening); and the tip of the at least one of the one or more angled fasteners that pass through each of the one or more projections of each of the first and second connector members is directed toward the center of the connector member (though figure 5 of Kratzer depict the tips of the fasteners of the second connector #10 extend upward instead of downward toward the center, figure 8a of Kratzer depicts the fasteners can extend through fastener openings #30 at an downward angle toward the center of the connector member when the connector is so oriented as defined and it would have been obvious before the effective filing date of the claimed invention to have constructed the angle of the openings for the fasteners of the connector members to be angled in the opposite direction so as to extend below the heads of fasteners, as taught in figure 8a of Kratzer, in order to provide strength in specific directions during use).
Regarding claim 17, Kratzer in view of Knapp render obvious the first and second connector members each has a meshing face that is disposed adjacent or abutting the meshing face of the other connector member (see figure 5 of Kratzer, where the outer facing surface of each connector member #10, such as the outer face of the legs #20, forms a meshing face which is configured to abut the meshing face of the opposite connecting member).
Regarding claim 18, Kratzer in view of Knapp render obvious the meshing faces are substantially planar with the one or more projections jutting from the meshing faces (see figures 3 and 5 of Kratzer, where the meshing faces of the legs #20 are planar and the projection #18 juts therefrom).
Regarding claim 19, Kratzer in view of Knapp render obvious the one or more projections of the first connector member extend away from the attachment face of the first structural member and away from the meshing face of the first connector member (see figure 5 of Kratzer); and the one or more projections of the second connector member extend away from the attachment face of the second structural member and away from the meshing face of the second connector member (see figure 5 of Kratzer).
Regarding claim 20, Kratzer in view of Knapp render obvious the one or more projections do not enter the first or second structural members (see figure 5 of Kratzer).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian D Mattei can be reached at (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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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
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