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 .
Claims 8-11, 13-15, 19, 23-24, 26-29, 32-33, 35, 37-60 and 62-70 have been cancelled.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 17, 22, 30-31 and 36 is/are rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Lorber (US Des. 262,941), which discloses:
1. A plug apparatus for concealing fastener holes formed in planks, the plug apparatus comprising:
a support strip extending along a strip axis (see annotated Figure 1 below); and
a plurality of plugs connected to the support strip (see the first and second sets of plugs in the annotated Figure below), each of the plugs configured to be inserted into a fastener hole in a plank (due to their geometry, the plugs are so capable), the plurality of plugs comprising:
a first set of the plugs located on a first lateral side of the support strip; and
a second set of the plugs located on a second lateral side of the support strip opposite the first lateral side (see FIGS 1, 2, 3, 6, 7).
PNG
media_image1.png
292
650
media_image1.png
Greyscale
2. The plug apparatus according to claim 1 wherein each of the plugs is connected to the support strip by an arm that projects from the support strip (see annotated FIG 2 below).
PNG
media_image2.png
335
669
media_image2.png
Greyscale
3. The plug apparatus according to claim 2 wherein each of the arms comprises a fail section configured to break and release the plug from the support strip upon the plug being inserted into the fastener hole of the plank (see annotated FIG 2 above).
4. The plug apparatus according to claim 3 wherein, for each of the arms, the fail section is adjacent the plug (see annotated FIG 2 above).
5. The plug apparatus according to claim 3 wherein, for each of the arms, the fail section comprises a smallest transverse cross-sectional area of the arm (see annotated FIG 2 above).
6. The plug apparatus according to claim 2 wherein each of the arms extends along an arm axis that extends transversely from the support strip (see annotated FIG 2 above, arm axis is vertical, support strip extends horizontally).
7. The plug apparatus according to claim 1 wherein each of the plugs extends along a plug axis from a top surface of the plug to a bottom surface of the plug (see FIGS 1, 3, 4), and wherein each of the plugs comprises a central bore extending into the bottom surface along the plug axis (as shown in FIG 7, marking pins are inserted in the bores of the plugs).
17. The plug apparatus according to claim 1 wherein the plug apparatus is a monolithic injection-molded component (this product-by-process limitation does not define over the structure of the disclosed prior art).
22. The plug apparatus according to claim 1 wherein the support strip extends along the strip axis from a proximal end (right side of FIG 2) to a distal end (left side of FIG 2), further comprising a grip member (the ring-shaped portion at the right of FIG 2) connected to the proximal end of the support strip, the distal end of the support strip being a free end (see FIG 2), wherein the grip member comprises a tab having a first major surface (top) and a second major surface (bottom) opposite the first major surface.
30. A plug apparatus for concealing fastener holes formed in planks, the plug apparatus comprising:
a support member (the support strip of annotated FIG 1 above); and
a plurality of plugs (the first and second set of plugs of the annotated FIG 1 above) connected to the support member, each of the plurality of the plugs configured to be inserted into a fastener hole in a plank (they are so capable); and
wherein, for each of the plugs, a connection between the support member and the plug is configured to break to release the plug from the support member upon the plug being inserted into the fastener hole (they are configured to break at the fail sections, annotated FIG 1 above).
31. The plug apparatus according to claim 30 wherein each of the plugs extends along a plug axis from a top surface to a bottom surface (e.g., FIG 3); and wherein, for each of the plugs, the connection is located along an outer side surface of the plug (facing the strip, e.g., see FIG 7), wherein, for each of the plugs, the connection is spaced from the top surface of the plug by a first distance, wherein, for each of the plugs, the connection is spaced from the bottom surface of the plug by a second distance, the second distance being greater than the first distance (where the “connection” is specifically read as the bottom surface of the fail section, which can be seen in FIG 7, and which is closer to the top surface of the plug than to the bottom surface of the plug).
36. The plug apparatus according to claim 30 wherein, for each of the plugs, the connection comprises an arm protruding from the support member that spaces the plug from the support member (see annotated FIG 2 above), wherein, for each of the plugs, the arm comprises a fail section configured to break to release the plug from the support member, wherein the fail section has a smallest transverse cross-sectional arca of the arm (see annotated FIG 2 above).
Claim(s) 61 is rejected under 35 U.S.C. 102a1 and/or 102a2 as being anticipated by Shadwell (US 2015/0291330), which discloses:
61. A method of installing a decking system, the method comprising: a) aligning a first plug (12) with a first fastener hole formed in one or more planks (para. 0003, 0005, 0006), the first plug being one of a plurality of plugs connected to a support member (11, FIG 2); and b) inserting the first plug into the first fastener hole, the first plug breaking off of and being released from the support member (para. 0003, 0005, 0006, 0007).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 16, 18, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lorber.
Regarding claim 16, Lorber discloses the bottom of the plug to be lower than a bottom of the support strip, but discloses a top of the plug to be at the same height as the top of the support strip (e.g., see FIGS 3-4). However it would have been obvious to store the strip by resting the bottoms of the plugs on a flat surface, in which case gravity would cause the top surface of the strip to slightly sag below the top of the plug. Alternatively it would have been obvious to store them in a staggered and stacked pattern, in which case the weight of an upper layer of the plugs would push down on the top surface of a strip of a lower layer, rendering it lower than the corresponding top surface of the plugs.
Regarding claims 18, 20 and 21, Lorber discloses the invention as claimed with exception to the base material and streaker additive as claimed. However it was well-known in the art at the time of filing to use base polymeric materials with a colored polypropylene/HDPE streaker as claimed, and it would have been obvious to use these materials to form Lorber’s caps in order to achieve durability and make them easy to visually locate.
Claim(s) 12 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lorber in view of Shadwell.
Lorber discloses the invention as claimed with exception to the texture and taper features. However Shadwell teaches that it was known to use a texture (grain) feature (e.g., para. 0003, 0025) and a taper feature (39) on a bottom of a similar plug in order to fill a screw hole. To use Lorber’s plugs to fill a screw hole, it would have been obvious to use a wood grain texture and taper feature therewith, as claimed by Applicant and taught by Shadwell (note that “debossed” and “embossed” are product-by-process limitations that do not define over the prior art structure).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lorber in view of Gregory (US D486,884).
Lorber discloses: 25. The plug apparatus according to claim 22 further comprising: the first set of the plugs arranged along the first lateral side of the support strip in a spaced apart manner; and the second set of the plugs arranged along the second lateral side of the support strip in a spaced apart manner (see annotated FIG 1 above); wherein adjacent ones of the plugs of the first set are equi-spaced from one another by a first distance; wherein adjacent ones of the plugs of the second set are equi-spaced from one another by a second distance, wherein the first distance is equal to the second distance (see FIG 2). Lorber does not disclose wherein the plugs of the first set are axially offset from the plugs of the second set along a length of the support strip. However Gregory teaches that it was known in the art to axially offset a similar groups of plug-like parts along a support strip (e.g., see FIGS 2, 3), and it would have been obvious to use such an offset arrangement of Lorber’s plugs in order to obtain a different spatial arrangement for storage or transport, or to visually differentiate product lines.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7,581,361 discloses a conventional deck plug without a holding strip.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/WILLIAM M MCCALISTER/Primary Examiner, Art Unit 3753
7/28/26
Prosecution Insights