DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 (lines 9-10,19-23) recites “the fastener extending along a longitudinal axis of the spacer block… wherein the first wing… comprises an elongated arm comprising… a distal end opposite the proximal end across the vertical axis”.
Claim 11 (lines 7-8,16-20) recites “a fastener extending through the grip element and the spacer block and including a longitudinal axis… wherein the first wing… comprises an elongated arm comprising… a distal end opposite the proximal end across the longitudinal axis”.
It is unclear as to how the elongated arm of the first wing longitudinally extends relative to the front and rear surfaces of the spacer block such that the distal end of the elongated arm is “opposite the proximal end across the vertical [longitudinal] axis”.
Examiner notes that Figure 51 clearly shows that the elongated arm of first wing 1642W longitudinally extends parallel to a plane containing vertical [longitudinal] axis VA defined by fastener 1690; thus it is unclear as to how the elongated arm of the first wing “crosses the vertical [longitudinal] axis”, as clearly the elongated arm does not intersect or cross the vertical [longitudinal] axis. Accordingly, such limitations appear to be misdescriptive and/or inaccurate. Claims 2-10 and 12-15 depend from claims 1 and 11 and are likewise rejected as being indefinite.
Examiner notes that claim 1 and claim 11 must clearly recite that the elongated arm of the first wing longitudinally extends alongside a side surface of the spacer block from the front surface to the rear surface of the spacer block parallel to a plane containing the vertical [longitudinal] axis such that the distal end of the elongated arm is “opposite the proximal end across the vertical [longitudinal] axis”, in order to overcome such 35 USC 112 rejection.
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.
Claims 16-18 are rejected under 35 U.S.C. 102(a)((1) as being anticipated by Handy Techno (JP 2008-31757).
As to claim 16, Handy Techno discloses a method of using a fastener unit, the method comprising:
placing a spacer block 1 adjacent a first board 3 having a first groove, the spacer block having a thickness corresponding to a preselected gap between the first board and an adjacent second board 3;
inserting a grip element 15,16,A (Figure 17 reprinted below with annotations), which extends from the spacer block, into the first groove;
inserting a wing B, which is joined with at least one of the grip element and the spacer block, into the first groove so that the wing moves toward a reference plane that is aligned with the grip element, and engages a first groove surface of the first groove to suspend the spacer block adjacent the first board before the later placed adjacent second board is placed adjacent the first board,
advancing a fastener 7 through the spacer block and the grip element within a bore 10 through the spacer block, the bore substantially concealing the fastener therein and terminating at a lower surface of the spacer block located directly under the grip element;
wherein the wing terminates at a tip,
wherein inserting the wing into the first groove comprises inserting the tip of the wing into the first groove before inserting the grip element into the first groove (the tip of wing B is inserted into the first groove of first board 3 before inserting grip element A into the first groove; Figures 1-17).
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As to claim 17, Handy Techno discloses a method wherein the spacer block 1 is integrally formed with the grip element 15,16,A to form an integral, monolithic unit (Figures 1-17).
As to claim 18, Handy Techno discloses a method wherein the bore 10 is a cylindrical bore having a bore length greater than a grip element 15,16,A thickness of the grip element, wherein the fastener 7 advances in the cylindrical bore during the advancing (Figures 1-17).
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.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Handy Techno in view of Doupe et al. (US 2018/0238060).
As to claim 19, Handy Techno discloses a method comprising:
moving a fastener head of the fastener 7 toward an upper surface of the grip element 15,16,A (Figures 1-17).
Handy Techno fails to disclose a fastener unit wherein the upper surface of the grip element is continuous with an upper surface of the spacer block so that the spacer block upper surface and the grip element upper surface form a common upper surface.
Doupe et al. teach a fastener unit wherein an upper surface of a grip element is continuous with an upper surface of a spacer block so that the spacer block upper surface and the grip element upper surface form a common upper surface; the common planar upper surface of the grip element and spacer block providing for a lower profile fastener unit which is concealed within the grooves of adjacent boards (Figures 1-3). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fastener unit disclosed by Handy Techno wherein the grip element and spacer block form a common planar upper surface, as taught by Doupe et al., in order to provide for a lower profile fastener unit which is concealed within the grooves of adjacent boards.
As to claim 20, Handy Techno as modified by Doupe et al. discloses a method comprising:
allowing the fastener head to engage a tapered portion 11 of the grip element 15,16,A located atop the grip element (Figures 1-17).
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 1 and 11 as best understood, Handy Techno discloses the claimed fastener unit with the exception of wherein the first wing comprises an elongated arm longitudinally extending alongside a side surface of the spacer block from the front surface to the rear surface of the spacer block parallel to a plane containing the vertical [longitudinal] axis, and the elongated arm comprising: a proximal end joined with at least one of the grip element and the spacer block; and a distal end opposite the proximal end across the vertical axis, wherein the distal end comprises the first tip.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fastener unit disclosed by Handy Techno to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Response to Arguments
Applicant's arguments filed February 25, 2026 have been fully considered but they are not persuasive.
As to claim 16, Attorney argues that:
Handy Techno fails to disclose a method wherein inserting the wing into the first groove comprises inserting the tip of the wing into the first groove before inserting the grip element into the first groove.
Examiner disagrees. As to claim 16,
Handy Techno discloses a method wherein inserting the wing B into the first groove comprises inserting the tip of the wing into the first groove before inserting the grip element A into the first groove (the tip of wing B is inserted into the first groove of first board 3 before inserting grip element A into the first groove; Figure 17 reprinted above with annotations).
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 MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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03/30/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619