DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of Group I, Species 1 of Group A, Species 1 of Group B in the reply filed on 9/2/25 is acknowledged. The traversal is on the ground(s) that there is no serious burden. This is not found persuasive because (1) the search required for the elected Invention and species would not include a search for the unelected Invention and species since the structural difference between the distinct Inventions and species would necessitate additional search (for example, searching different classes/subclasses or electronic resources, or employing different search queries and text search queries), and (2) examination is not limited simply to search. In addition to the search, much of the examination is devoted to determining patentability of claims. Said determination requires the formulation of rejections and responding to applicant' s arguments with regard to same. The additional search and the determination of patentability for multiple, patentability distinct Inventions and species would place serious burden on the examiner. In the instant case searching and reviewing prior art for the distinct inventions and species as well as formulating prior art rejections would be burdensome for the distinct groupings of inventions and species as claimed.
The requirement is still deemed proper and is therefore made FINAL.
It is noted that in response to the restriction requirement, in the claims filed 9/2/25, Applicant has withdrawn claims 13-15,17-20 from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention and/or Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/2/25.
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) 1-6,16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glenn (20110000165) in view of Bauer (4077176).
Claim 1. Glenn discloses a joist and nailer assembly, comprising:
an upper chord (A or 26);
a lower chord (the bottom angle bracket as seen in figure 2 or 28);
a web (T as seen in figure 2 or 24) operatively coupling the upper chord and the lower chord;
a nailer member (N or 30).
Glenn does not expressly disclose a plurality of nailer plates operatively coupling the nailer member to the upper chord using plate connections; wherein the plurality of nailer plates extend around a portion of the upper chord and a side of the nailer member.
Bauer discloses a plurality of nailer plates (34,36) operatively coupling a nailer member (16) to an upper member (32/24, figure 2,3); wherein the plurality of nailer plates extend around a portion of the upper chord and a side of the nailer member (as seen in figures 2,3).
Accordingly, it would have been obvious to one of ordinary skill in the art to pursue known design options and modify the assembly of Glenn to have a plurality of nailer plates operatively coupling the nailer member to the upper chord; wherein the plurality of nailer plates extend around a portion of the upper chord and a side of the nailer member to achieve the predictable result of a strong and secure attachment of the nailer member to the upper chord to withstand and transfer forces on the joist assembly.
Claim 2. The joist and nailer assembly of claim 1, wherein the upper chord comprises: a first upper member (one of A or 26); and a second upper member (the other A or 26) operatively coupled to the first upper member.
Claim 3. The joist and nailer assembly of claim 2, wherein the first upper member is operatively coupled to the second upper member through the web or a spacer (as seen in figures 2-5).
Claim 4. The joist and nailer assembly of claim 1, wherein the lower chord comprises: a first lower member (the member on the right or left side as seen in figures 2-5); and a second lower member (the member on the other of the right or left side as seen in figures 2-4) operatively coupled to the first lower member.
Claim 5. The joist and nailer assembly of claim 4, wherein the first lower member is operatively coupled to the second lower member through the web or a spacer (as seen in figures 2-4).
Claim 6. The joist and nailer assembly of claim 1, wherein the upper chord, the lower chord, or the web are formed from angle members (as noted in the disclosure and figures 2-5).
Claim 16. The joist and nailer assembly of claim 1, wherein the nailer member is wood (paragraph 0043).
Claim(s) 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glenn (20110000165) in view of Bauer (4077176) and further in view of Ezard (4653242).
Claims 7-11. Glenn in view of Bauer discloses the joist and nailer assembly of claim 1, but Bauer does not disclose wherein the plurality of nailer plates comprise: a nailer portion having a plurality of teeth, wherein when assembled the plurality of teeth extend into the nailer member.
Ezard discloses a nailer plate comprising a nailer portion (16a) having a plurality of teeth (17) wherein when assembled the plurality of teeth extend into a nailer member (as noted in the figures 1-3), and further wherein the nailer portion comprises a plurality of perforated apertures (18) that form the plurality of teeth and wherein the plurality of nailer plates comprise: a chord portion (14a), wherein when assembled the chord portion extends around a surface of a upper chord (as noted in the figures 1-3), and wherein the chord portion is operatively coupled to the surface of an upper chord (19) through one or more plate connections (25/20), wherein the one or more plate connections comprise fasteners (20).
Accordingly, it would have been obvious to modify the nailer plates of Bauer to have the plurality of teeth formed by perforated apertures and a chord portion as taught by Ezard to achieve the predictable result of an easily assembled truss assembly that does not require extra fasteners and/or labor to install, wherein when assembled the chord portion extends around a surface of the upper chord of Glenn and the chord portion is operatively coupled to the surface of the upper chord of Glenn through one or more plate connections (where Ezard teaches fasteners and Glenn teaches fasteners (48).
Claim 12. The joist and nailer assembly of claim 11, wherein the fasteners are self-drilling screws (where Glenn teaches self drilling screws 48, paragraph 0032 to screw through the angle brackets 26).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635