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 .
Reissue Applications
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 11,236,503 (hereinafter the ‘503 patent) is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Terminal Disclaimer
The terminal disclaimer filed on October 30, 2025, disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 10,294,656 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Statement Under 37 CFR 3.37(c)
The Consent of Assignee (Form PTO/AIA /53) filed October 30, 2025, is accepted in view of Applicant’s statement on the record that Samuel Fox is an owner of Fox Hardwood Lumber Company, LLC, and has authority to sign on behalf of the assignee. See Remarks filed October 30, 2025, pg. 18.
However, the objection to the Statement Under 37 CFR 3.37(c) (Form PTO/AIA /96)1 has not been addressed. The Statement Under 37 CFR 3.37(c) (Form PTO/AIA /96) filed January 30, 2024, is objected to because the title of the patent is incorrectly listed as “Anchor Device for a Wooden Post.” See excerpt below. The title should instead read --Multiple Port Beam Bracket--, consistent with the title of the patent as issued.
PNG
media_image1.png
192
719
media_image1.png
Greyscale
Reissue Oath/Declaration
The reissue declaration filed January 30, 2024, is defective because the error which is relied upon to support the reissue application is not an error upon which a reissue can be based. See 37 CFR 1.175 and MPEP § 1414. The reissue declaration states that “Applicant seeks to broaden the claims to remove the limitations of a first guide and a second guide, as recited in amended claim 1 and new claim 23.” However, in the current amendment, the first and second guides have been reintroduced into independent claim 1, and new claim 23 has been canceled.
Claim Rejections - 35 USC § 251 - Reissue Declaration
Claims 1-12, 14-16, and 19-22 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the reissue declaration is set forth in the discussion above in this Office action.
Objection to the Amendments – Formalities
The specification and claim amendments filed October 30, 2025, are objected to as failing to comply with 37 CFR 1.173. The manner of making amendments in reissue applications is different than in regular utility applications. Throughout prosecution of a reissue application, amended claims must show all changes made relative to the patent claims (not relative to the immediately preceding version of claims), with omitted text enclosed in single brackets and added text underlined. See § MPEP 1453. The claim amendments are improper because the claims are not marked to show changes made relative to the patent claims. (For example, in claim 1, the clause beginning with “a first guide” at the bottom of page 8 should not be underlined because this language was present in patented claim 1.)
Additionally, text that is being omitted from the specification and the patented claims must be shown in single brackets (not double brackets). The examiner additionally notes that claim 11, line 3, includes double brackets which are struck through. These should be deleted.
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.
Claims 20-22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 20, the limitation “the plate bottom, the interior surfaces of the first side support, the second side support, the first guide and the second guide define a second cavity” in lines 6-8 renders the claim indefinite because there is insufficient antecedent basis in the claims for plural “interior surfaces” of the first side support. Due to the placement of the word “and” in this phrase, claim 20 appears to be describing the second cavity as being defined by (1) the plate bottom, (2) the interior surfaces of the first side support, (3) the second side support, (4) the first guide and (5) the second guide. It appears that “the interior surfaces” may have been intended to refer to interior surfaces of the first and second side supports and the first and second guides. For the purpose of examination, this limitation will be interpreted to mean --the plate bottom and the interior surfaces of the first side support, the second side support, the first guide, and the second guide define a second cavity--. Claims 21-22 are indefinite in view of their dependency from claim 20.
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 1, 3-4, 7, 9-10, 12, 14-16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pond (US Patent Pub. 2013/0232758, hereinafter Pond) in view of Gadd et al. (US Patent No. 7,827,757, hereinafter Gadd).
Regarding claim 1, Pond discloses a connection device (bracket assembly 100, Figs. 1-3) for supporting a plurality of beams (106) comprising:
a first side support (i.e., a first side of support sleeve 102; see annotated Fig. 3 below) having a first side support front, rear, width from front to rear, top, bottom, height from top to bottom generally perpendicular to the width, interior surface, exterior surface, and thickness from interior to exterior surface generally perpendicular to the width and height (clearly shown in Figs. 2-3);
PNG
media_image2.png
431
520
media_image2.png
Greyscale
a second side support (i.e., a second side of support sleeve 102) opposite the first side support and having a second side support front, rear, width from front to rear generally parallel to the first side support width, top, bottom, height from top to bottom generally perpendicular to the first side support width and generally parallel to the first side support height, interior surface facing the first side support interior surface, exterior surface, and thickness from interior to exterior surface generally perpendicular to the width and height (clearly shown in Figs. 2-3);
a first guide (i.e., a third side of the support sleeve 102; see annotated Fig. 3 below) attached to the first and second side supports and oriented substantially perpendicular to the first and second side supports and having first guide left and right sides, length from left side to right side perpendicular to the first side support width, top, bottom, height from top to bottom generally perpendicular to the length and parallel to the first side support height, interior surface, exterior surface, and thickness from interior to exterior surface perpendicular to the length and height (see Figs. 2-3); and
a second guide (i.e., a fourth side of the support sleeve 102; see annotated Fig. 3 below) attached to the first and second side supports, located opposite the first guide, and having second guide left and right sides, length from left side to right side perpendicular to the first side support width, top, bottom, height from top to bottom perpendicular to the length and parallel to the first side support height, interior surface facing the first guide interior surface, exterior surface, and thickness from interior to exterior surface perpendicular to the length and height;
wherein the first and second guide lengths are parallel to the first and second side support thicknesses;
the interior surfaces of the first and second side supports and the first and second guides define a first cavity (cavity 112, ¶ 29) having an open top (open end 108, Fig. 2) and configured to receive an upright beam (106, Fig. 1);
wherein the first and second side supports and first and second guides comprise fastener apertures (114, ¶ 29) extending through a thickness of the first and second side supports and first and second guides;
wherein the first side support exterior surface comprises a first set of first, second, and third side attachments (i.e., a first support arm 104 having two sides and a bottom; see annotated Fig. 3 above) extending away from the first cavity (112), each of the first, second, and third attachments of the first set (104) comprising an interior surface, an exterior surface, and a thickness extending from the interior surface to the exterior surface (see Figs. 2-3),
wherein the first and second side attachments (i.e., the two sides of the first support arm 104) are oriented generally perpendicular to the first side support and generally parallel to the first and second guides and each have a height generally parallel to the first side support height and a length generally parallel to the first and second guide lengths and the first side support thickness (see Figs. 2-3),
wherein the first side attachment of the first set is opposite the second side attachment of the first set and the interior surfaces of the first and second side attachments face each other (see Figs. 2-3),
wherein the third side attachment of the first set is oriented generally perpendicular to the first side support, the first and second guides, and the first and second side attachments, and has a length generally parallel to the first and second guide lengths and the first side support thickness (see Figs. 2-3);
wherein the interior surfaces of the first, second, and third side attachments define a first side connection area configured to receive a lateral beam (106, Fig. 1),
wherein the first side connection area has an open top (see Figs. 1-3; ¶ 31);
wherein the interior surfaces of the first and second side attachments define sides of the first side connection area and the interior surface of the third side attachment defines the bottom of the first side connection area (see Figs. 2-3),
wherein the interior surface of the third side attachment is located above the exterior surface of the third side attachment (see Figs. 2-3), and
wherein the first and second side attachments comprise side attachment fastener apertures (fastener holes 126, Fig. 3; ¶ 31) extending through the thickness of the first and second side attachments.
Pond generally teaches that a plurality of side attachment fastener apertures (126) are provided in the first set/support arm (104) “so that the support arms 104 can be attached to the support sections 106 [see Fig. 1] by way of a fastener, e.g., a screw” (¶ 31), but does not specifically teach that the third side attachment of the first set (i.e., the bottom of the support arm 104) comprises at least one such side attachment fastener aperture.
However, Gadd teaches a similar connection device (Fig. 7; col. 6:55-65) comprising a similarly configured set (12) of first, second, and third side attachments (left and right sides 42, 44 and base 38, Fig. 2; col. 4:47-63), wherein the third side attachment (38) comprises a side attachment fastener aperture (50) oriented perpendicular to side attachment fastener apertures (50) of the first and second side attachments (42, 44) and extending through the thickness of the third side attachment (38). See annotated Fig. 7 below. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pond by adding a side fastener aperture as taught by Gadd to the third side attachment, perpendicular to the side attachment fastener apertures of the first and second side attachments and extending through the thickness of the third side attachment, in order to permit a beam to be more securely fixed within the set of side attachments.
PNG
media_image3.png
339
418
media_image3.png
Greyscale
Regarding claim 3, the modified Pond teaches the claimed invention substantially as claimed, including the fastener aperture in the third side attachment as taught by Gadd, as set forth above for claim 1. Pond further discloses an assembly (Fig. 1) comprising the connection device as discussed above, wherein an upright beam (106, Fig. 1) is positioned in the first cavity (112), a first fastener (“a fastening device, e.g. a screw,” ¶ 29) is positioned through the at least one fastener aperture (114) of the first or second side support or first or second guide and into the upright beam (106), a lateral beam (106) is positioned in the first side connection area, and a second fastener (“a fastener, e.g. a screw,” ¶ 31) is positioned through the at least one side attachment fastener aperture (126) of the first or second side attachments of the first set and into the lateral beam (106), wherein the lateral beam (106) rests on the interior surface of the third side attachment and between the interior surfaces of the first and second side attachments (see Fig. 1, reproduced below). Gadd further teaches a third fastener (“fasteners, such as screws, bolts, or the like,” col. 4:57-60) positioned through the third side attachment fastener aperture of the side attachment of the first set and into the lateral beam (22, Fig. 1).
PNG
media_image4.png
362
600
media_image4.png
Greyscale
Regarding claim 4, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 3. Pond further discloses the lateral beam is oriented generally perpendicular to the heights of the first and second side supports and the first and second guide, and the upright beam is oriented generally parallel to the heights of the first and second side supports and the first and second guides (see Fig. 1).
Regarding claim 7, the modified Pond teaches the claimed invention substantially as claimed, including the fastener aperture in the third side attachment as taught by Gadd, as set forth above for claim 1. Pond further discloses the at least one fastener aperture (114) and the at least one side fastener aperture (126) of the first and second side attachments are round (see Figs. 2-3). Gadd further teaches the side attachment fastener aperture (50, Fig. 2) of the third side attachment (38) is round (see Figs. 2 and 7).
Regarding claim 9, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further discloses the first cavity (112) and the first side connection area (of support arm 104) are generally rectangular in shape (see Figs. 1-3).
Regarding claim 10, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further discloses the first and second side supports are mirror images of each other (see Figs. 2-3).
Regarding claim 12, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further discloses the first cavity (112, Fig. 2) and the first side connection area (of support arm 104) are hollow. See Figs. 1-3.
Regarding claim 14, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further discloses the interior and exterior surfaces of the first and second guides and the first and second side supports (of support sleeve 102) and the first, second, and third side attachments (of support arm 104) of the first set are generally flat. See Figs. 2-3.
Regarding claim 15, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further discloses the exterior surface of the second side support further comprises a second set of first, second, and third side attachments (i.e., a second support arm 104; see Figs. 1-3) extending away from the first cavity (112), each of the first, second, and third side attachments of the second set comprising an interior surface and an exterior surface, wherein the first and second side attachments of the second set are oriented generally perpendicular to the second side support and generally parallel to the first and second guides, and each have a height generally parallel to the second side support height and a length generally parallel to the first and second guide lengths and the second side support thickness. See Figs. 2-3. The first side attachment of the second set is opposite the second side attachment of the second set and the interior surfaces of the first and second side attachments of the second set face each other. Id. The third side attachment of the second set is oriented generally perpendicular to the second side support and the first and second guides and has a length generally parallel to the first and second guide lengths and the second side support thickness. Id. The interior surfaces of the first, second, and third side attachments of the second set define a second side connection area (of the second support arm 104, Figs. 1-3) configured to receive a second lateral beam (106, Fig. 1), wherein the interior surfaces of the first and second side attachments of the second set define sides of the second side connection area and the interior surface of the third side attachment of the second set defines the bottom of the second side connection area. See Figs. 2-3. The first and second side attachments of the second set comprise at least one side attachment fastener aperture (126, Fig. 3) extending through the first or second attachment thickness (¶ 32). The second side connection area (of second support arm 104) has an open top (¶ 31). See Figs. 1-3.
Regarding claim 16, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 15. Pond further discloses an assembly (Fig. 1) comprising the connection device as discussed above, wherein an upright beam (106, Fig. 1) is positioned in the first cavity (112; ¶ 29), a first fastener (“a fastening device, e.g. a screw,” ¶ 29) is positioned through the at least one fastener aperture (114) of the first or second side support or first or second guide (of support sleeve 102) and into the upright beam (106), a first lateral beam (106, Fig. 1) positioned in the first side connection area (104; ¶ 31), a second fastener (“a fastener, e.g. a screw,” ¶ 31) positioned through the at least one side attachment fastener aperture (126) of the first or second side attachments of the first set and into the first lateral beam (106), a second lateral beam (106, Fig. 1) positioned in the second side connection area (104), a third fastener (“a fastener, e.g. a screw,” ¶ 31) positioned through the at least one side attachment fastener aperture (126) of the first or second side attachments of the second set and into the second lateral beam (106), wherein the first lateral beam (106) rests on the interior surface of the third side attachment of the first set and the second lateral beam (106) rests on the interior surface of the third side attachment of the second set (¶ 31).
Regarding claim 19, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further discloses that, for each side support (of support sleeve 102), the thickness of the side support is less than the width of the side support. See Figs. 2-3.
Claims 5, 6, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Pond in view of Gadd, in further view of Gilb (US Patent No. 4,423,977, hereinafter Gilb).
Regarding claim 5, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further teaches that the first and second side attachments of the first set each comprise a bottom (i.e., a lower region, at bottom in Fig. 2) located above and adjacent to the third side attachment of the first set. See Pond, Fig. 2. Pond does not teach that the first and second side attachments are not attached to the third side attachment. However, Gilb teaches a connection device (connector 1, Figs. 1-8) for supporting a lateral beam (B, Figs. 1-2), wherein a third side attachment (seat base 6) is located below and not attached to first and second side attachments (tab members 11, 12). Gilb teaches that this configuration advantageously permits installation of the lateral beam either perpendicularly (Fig. 6) or at an upward or downward slope (Figs. 7-8). See col. 1:5-15; col. 3:5-22; and 3:63-4:6. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the invention of Pond by configuring the third side attachment such that it is not attached to the first and second side attachments, as taught by Gilb, in order to facilitate installation of the lateral beam either perpendicularly or at a slope.
Regarding claim 6, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further teaches that the third side attachment of the first set is located below the first and second side attachments of the first set. See Pond, Fig. 2. Pond does not teach that the third side attachment is not attached to the first and second side attachments. However, Gilb teaches a connection device (connector 1, Figs. 1-8) for supporting a lateral beam (B, Figs. 1-2), wherein a third side attachment (seat base 6) is located below and not attached to first and second side attachments (tab members 11, 12). As noted above, Gilb teaches that this configuration advantageously permits installation of the lateral beam either perpendicularly (Fig. 6) or at an upward or downward slope (Figs. 7-8). See col. 1:5-15; col. 3:5-22; and 3:63-4:6. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the invention of Pond by configuring the third side attachment such that it is not attached to the first and second side attachments, as taught by Gilb, in order to facilitate installation of the lateral beam either perpendicularly or at a slope.
Regarding claim 11, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond further teaches that the third side attachment is a rectangular plate (see Fig. 2). Pond teaches that the first and second side attachments are also plates (see Fig. 2), but Pond does not explicitly disclose that these plates are rectangular in shape, and Pond does not teach that the three plates are not attached to each other. With respect to the rectangular shape, the court has held that a change in the shape of a prior art device is a matter of obvious engineering design choice within the ordinary level of skill of the art, absent persuasive evidence that the particular shape is significant. In re Dailey, 149 USPQ 47 (CCPA 1976). In this case, the examiner finds no evidence in the present record that the shape of the plates is critical. Therefore, the examiner concludes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the invention of Pond by selecting a rectangular shape for the first and second side attachments, as an obvious matter of design choice within the ordinary level of skill in the art. With respect to the plates not being attached to each other, Gilb teaches a connection device (connector 1, Figs. 1-8) for supporting a lateral beam (B, Figs. 1-2), wherein first, second, and third side attachment plates (tab members 11, 12, and seat base 6) are not attached to each other. As noted above, Gilb teaches that this configuration advantageously permits installation of the lateral beam either perpendicularly (Fig. 6) or at an upward or downward slope (Figs. 7-8). See col. 1:5-15; col. 3:5-22; and 3:63-4:6. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the invention of Pond by configuring the side attachments such that they are not attached to each other, as taught by Gilb, in order to facilitate installation of the lateral beam either perpendicularly or at a slope.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Pond in view of Gadd, in further view of Campbell (US Patent Pub. 2013/0259563, hereinafter Campbell).
Regarding claim 8, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond does not teach that the first and second side supports have a variable width. However, Campbell teaches a connection device (100, Fig. 7) comprising first and second side supports (10, Fig. 1; e.g., 10a and 10b in Fig. 7) having a variable width (e.g., including narrower flange members 20 and 30 for receiving fasteners 300 through an upright beam 400, Figs. 7-8). Campbell teaches that this configuration “provides structural integrity to joints” and suggests that it is a more attractive solution than other “unattractive joining means” (¶ 59; compare to Applicant’s disclosure that the connection device “is both functional and aesthetically appealing,” col. 2:39-41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pond by configuring the first and second side supports to have a variable width, as taught by Campbell, in order to make the device more attractive. One of ordinary skill in the art would also have recognized that the variable width taught by Campbell may also be desirable for reducing the amount of material used to make the connection device.
Claims 20 and 21 rejected under 35 U.S.C. 103 as being unpatentable over Pond in view of Gadd, in further view of Daly (US Patent No. 949,394, hereinafter Daly).
Regarding claim 20, the modified Pond teaches the claimed invention substantially as claimed, as set forth above for claim 1. Pond does not teach a plate defining a second cavity located below the first cavity. However, Daly discloses a similar connection device (“frame coupling,” Figs. 1-4; pg. 1:33-42) comprising a plate (partition 15, Figs. 1-4; pg. 1:54-60) extending between side supports (11, 12) and a guide (10), the plate (15) comprising a plate width parallel to side support widths, a plate length parallel to a guide length (see Figs. 1-4), a plate top, a plate bottom, and a plate thickness extending from the plate top to the plate bottom and generally perpendicular to the plate length and plate width (see Figs. 1-4). The plate (15) is positioned between the tops and bottoms of the guide (10) and the side supports (11, 12; pg. 1:16-18). The plate bottom and the interior surfaces of the first and second side supports and guide define a second cavity (for receiving second upright beam 14, Fig. 1) located below a first cavity (for receiving first upright beam 13, Figs. 1 and 3; “sides 10, 11, and 12 and the partition 15 collectively form two alined [sic] sockets,” pg. 1:62-64). The second cavity has an open bottom (for receipt of upright beam 14). The plate (15) of Daly provides “means for connecting the adjacent ends of two alined [sic] uprights constituting members of the frame work of a building” (pg. 1:8-13). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the invention of Pond to include a plate defining a second cavity as taught by Daly below the first cavity, in order to facilitate connection of two aligned uprights.
Regarding claim 21, the modified Pond teaches the claimed invention substantially as claimed, including the second cavity taught by Daly, as set forth above for claim 20. Pond further teaches an assembly comprising the connection device as discussed above, wherein a top upright beam (106, Fig. 1) is positioned in the first cavity. Daly further teaches a bottom upright beam (14, Fig. 1) positioned in the second cavity (pg. 1:62-68).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Pond in view of Gadd and Daly, in further view of McCarthy (US Patent Pub. 2007/0004251, hereinafter McCarthy).
Regarding claim 22, the modified Pond teaches the claimed invention substantially as claimed, including a plate, a second cavity, and a bottom upright beam as taught by Daly, as set forth above for claims 21-22. Daly does not teach that the plate comprises a plurality of plate fastener apertures configured to attach the plate to the top or bottom upright beam. However, McCarthy teaches a connection device (connector 10, Figs. 1-3) with a plate (closed end 24) comprising a plurality of plate fasteners (“one or more apertures 26,” ¶ 19) configured to attach the plate (24) to an upright beam (post 14). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the invention of Pond by adding a plurality of plate fastener apertures as taught by McCarthy to the plate, so that the device can be securely connected to at least one of the upright beams.
Response to Amendments and Arguments
Applicant’s amendments filed October 30, 2025, have overcome the drawing objections, the objection to claim 11, and the rejection under 35 U.S.C. 251 with respect to original patent which were set forth in the non-final Office action mailed May 21, 2025 (hereinafter the Non-final).
The rejection of claims 3-4 and 16 under 35 U.S.C. 112(b) has also been overcome by Applicant’s amendment, and the rejection of claims 27-30 is rendered moot by the cancelation of these claims. The examiner notes that the rejection of claims 20-22 under 35 U.S.C. 112(b) has not been addressed by amendment or argument and is thus maintained, as set forth above.
The double patenting rejections have been overcome by the terminal disclaimer which was filed and approved on October 30, 2025.
With respect to the rejection of claim 1 under 35 U.S.C. 102, the examiner agrees that Applicant’s amendment to recite a fastener aperture in the third side attachment has overcome the rejections of claim 1 under 35 U.S.C. 102 as anticipated by Daly and as anticipated by Pond. However, the examiner finds that the newly claimed fastener aperture in the third side attachment would have been obvious in view of Gadd, as set forth above in response to Applicant’s amendment.
The examiner notes for clarity that Daly lacks not only the fastener aperture in the third side attachment, as argued by Applicant, but also the first and second guides which have also been reintroduced into claim 1 in the current amendment. While Daly includes a single guide (10, Figs. 2-6), the examiner finds that it would not have been obvious to one of ordinary skill in the art to modify Daly to include a second guide opposite the first guide, as now recited in amended claim 1, because Daly teaches an open lateral side of the connection device, opposite the first guide, which is important to Daly’s invention for permitting “lateral or horizontal insertion of alined [sic] upright frame members 13 and 14” (Daly, pg. 1:47-54) to allow the upright frame members to be “inserted and removed without interference with the floor or roof boards supported by the horizontal members” (id., pg. 1:81-87).
With respect to the rejection of claim 2 under 35 U.S.C. 103, the examiner notes for clarity that claim 2 was rejected under 35 U.S.C. 103 as obvious over Daly in view of Niziol, where the examiner found that Niziol discloses a gusset (48, Fig. 2) that reads on the claimed brace. See Non-final, pg. 24-25. As discussed above, Applicant’s amendment of claim 1 has overcome the rejection of claim 1 with respect to Daly. Thus, applicant’s amendment of claim 1 has also overcome the rejection of dependent claim 2 based on Daly in view of Niziol.
Applicant’s arguments with respect to claim 2 are addressed herein for the sake of completeness of the record. Claim 2, as currently amended, recites “a bottom brace located below the third side attachment of the first set and extending between the exterior surface of the third side attachment of the first set and the first side support exterior surface.” Applicant argues that Niziol’s gusset (48, Fig. 2) is “not a brace that supports a side attachment from below” and asserts that “the fasteners in the third side attachment [which are received in the newly claimed fastener aperture(s) of the third side attachment as recited in amended claim 1] and the bottom brace … work together to resist both uplift and twisting. Together they provide stability in multiple directions, which Daly and Pond’s designs do not address. The bottom brace resists compression as well as uplift forces.” Remarks, pg. 19. The examiner notes that the gusset (48) of Niziol is reasonably considered to be a brace as claimed (i.e., “something that steadies, binds, or holds up another thing”2) because it performs a similar reinforcing function (i.e., steadying and holding up). See Niziol, col. 3:67-4:1. Moreover, the gusset (48) of Niziol is reasonably considered to be a bottom brace because it is located below the horizontal flange (32) where the coupling apparatus is used to connect the side panel (12) to the top panel (14) as shown in Fig. 1. See Niziol, col. 3:55-58. Additionally, Niziol also combines the gusset (48) with a fastener aperture (at 36 in Fig. 2) in the horizontal flange (32). Nevertheless, the rejection of claim 2 is withdrawn because the amendment of claim 1 has overcome Daly, as discussed above.
With respect to the rejection of claims 6 and 11 under 35 U.S.C. 103, Applicant argues that the features of claims 6 and 11 are not taught by Daly or Pond. This argument is not persuasive because the features at issue are taught by Gilb, as set forth in the Non-final with respect to claim 6 (see pg. 25) and again above with respect to claim 6 and amended claim 11.
Allowable Subject Matter
Pending the resolution of the rejections under 35 U.S.C. 251, set forth above, by filing of a corrected reissue declaration:
Claim 2 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Applicant’s amendment of claim 1 has overcome the rejections based on Daly, including the rejection of claim 2 based on the combination of Daly and Niziol.
The closest remaining prior art is Pond, as set forth above for claim 1. Pond does not disclose a bottom brace as recited in claim 2. It is the examiner’s opinion that it would not have been obvious to one of ordinary skill in the art to modify the invention of Pond to include a gusset/bottom brace as taught by Niziol extending between the exterior surface of the third side attachment of the first set and the first side support exterior surface of Pond because Niziol teaches that the gusset (48) is integrally formed with the right-angularly related flanges (32) of the connection device (see Niziol, col. 3:67-4:1). This would be incompatible with the multi-part construction of Pond’s connection device, in which the third side attachment is not integral with the side support.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Laura L. Davison whose telephone number is (571)270-0189. The examiner can normally be reached Monday - Friday, 8:00 a.m. - 4:00 p.m. ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at (571)272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Laura Davison/Reexamination Specialist, Art Unit 3993
Conferees:
/SARAH B MCPARTLIN/ /EILEEN D LILLIS/Reexamination Specialist, Art Unit 3993 SPRS, Art Unit 3993
1 See Non-final Office action mailed May 21, 2025, pg. 3.
2 brace. (n.d.) Collins English Dictionary – Complete and Unabridged, 12th Edition 2014. (1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014). Retrieved December 17 2025 from https://www.thefreedictionary.com/brace