DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-15, in the reply filed on June 4, 2026 is acknowledged.
Claim Objections
Claim 9 is objected to because of the following informalities:
In claim 9 (line 3) “primary wing” should recite –first wing--.
For the purposing of examining the application, it is assumed that appropriate correction has been made.
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 1-5 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rensburg (DE 20 2018 003 385).
As to claim 1, Rensburg discloses a fastener unit adapted to secure at least one board to a support, the fastener unit comprising:
a spacer block 5,16 transversely joined with a grip element 6,13, the grip element projecting from the spacer block in a cantilevered manner, the grip element configured to fit in a first groove 52 defined by a first board 50, the spacer block extending from an upper surface to a lower surface, and from a front surface to a rear surface which define a thickness therebetween, the thickness corresponding to a preselected gap between the first board and an adjacent second board 50;
a fastener 30 extending through the spacer block and the grip element, the fastener disposed between the front surface of the spacer block and the rear surface of the spacer block, the fastener including a fastener longitudinal axis;
a first wing 11,A extending from the spacer block (Figure 1a reprinted below with annotations), the first wing including a first proximal end and a first distal end, the first distal end being bendable relative to a first reference plane to which the fastener longitudinal axis is orthogonal, the first wing defining a primary reference plane; and
a first finger 11b extending from the first distal end, the first finger being bendable relative to the primary reference plane, the first finger including a first finger engagement end,
wherein the first wing is sized for insertion into the first groove,
wherein the first finger engagement end engages a first groove surface of the first groove transferring a force to the first distal end to thereby bend the first distal end relative to the first reference plane (Figures 1-8).
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As to claim 2, Rensburg discloses a fastener unit wherein the fastener 30 is disposed in a contiguous fastener hole extending from the upper surface to the lower surface,
wherein the first wing 11,A is spaced a distance from the spacer block and adapted to fit within and contact the first groove 52 and to thereby secure the spacer block 5,16 adjacent the first groove and establish the preselected gap between the first board 50 and the adjacent second board 50 (Figures 1-8).
As to claim 3, Rensburg discloses a fastener unit wherein the upper surface includes a planar surface,
wherein the lower surface includes another planar surface,
wherein the grip element 6,13 and spacer block 5,16 are flush with one another along the upper surface (Figures 1-8).
As to claim 4, Rensburg discloses a fastener unit wherein the grip element 6,13 and spacer block 5,16 are continuous along the upper surface (Figures 1-8).
As to claim 5, Rensburg discloses a fastener unit wherein the primary reference plane of the first wing 11,A is even with the upper surface when the first wing is unbent relative to the reference plane,
wherein the first finger 11b extends with the first finger engagement end upward above the upper surface and above the primary reference plane when the first wing is unbent relative to the reference plane (Figures 1-8).
As to claim 9, Rensburg discloses a fastener unit wherein the first finger engagement end 11b extends a height above the primary reference plane and above the upper surface, back toward the proximal end of the first wing 11,A (first finger 11b vertically extends back toward the proximal end of first wing 11,A; Figures 1-8).
As to claim 10, Rensburg discloses a fastener unit wherein the first wing 11,A crosses from the front surface to the rear surface of the spacer block 5,16 (opposing first wing portions 11,A extend from opposing front and rear surfaces of spacer block 5,16; Figures 1-8).
As to claim 11, Rensburg discloses a fastener unit adapted to secure at least one board to a support, the fastener unit comprising:
a spacer block 5,16 having a thickness corresponding to a preselected gap between a first board 50 and an adjacent second board 50;
a grip element 6,13 extending outward beyond the thickness on opposing surfaces, the grip element configured to fit in a first groove 52 defined by the first board;
a fastener 30 extending through the grip element and the spacer block and including a longitudinal axis; and
a first wing 11,A extending away from the first surface and being bendable relative to a first reference plane to which the longitudinal axis is orthogonal, the first wing including a primary reference plane parallel to the first reference plane, a first proximal end and a first distal end;
a first finger 11b extending from the first distal end, the first finger being bendable relative to the primary reference plane, the first finger including a first finger engagement end,
wherein the first wing is sized for insertion into the first groove,
wherein the first finger engagement end is capable of engaging a first groove surface of the first groove transferring a force to the first distal end to thereby bend the first wing relative to the first reference plane before the first finger bends relative to the primary reference plane (Figures 1-8).
As to claim 12, Rensburg discloses a fastener unit wherein the first wing 11,A includes a cantilevered portion between the first distal end and the first proximal end,
wherein the cantilevered portion bends downward relative to the first plane,
wherein the first finger 11b bends toward the primary reference plane (Figures 1-8).
As to claim 13, Rensburg discloses a fastener unit wherein the first finger 11b includes a first finger base 11a that is joined with the first distal end, the first finger base including a connector that extends laterally from the first distal end,
wherein the first wing 11,A is separated from an upper surface of the spacer block 5,16 by a wing gap, wherein the first finger base projects into the wing gap, extending toward the upper surface (Figures 1-8).
As to claim 14, Rensburg discloses a fastener unit wherein the first groove 52 includes an upper groove surface and a lower groove surface,
wherein the first finger engagement end is configured to engage the upper groove surface when the grip element 6,13 is inserted into the first groove,
wherein the engagement of the first finger engagement end transfers the force to the first wing 11,A so that the first wing bends downward relative to the first plane,
wherein the first distal end is capable of engaging the lower groove surface so that the first wing is impaired from bending downward farther, such that the first finger engagement end thereafter bend downward toward the primary reference plane (Figures 1-8).
As to claim 15, Rensburg discloses a fastener unit wherein the spacer block 5,16 and the grip element 6,13 cooperatively form a continuous upper surface that is substantially planar (Figures 1-8).
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 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Rensburg.
As to claims 6 and 7, Rensburg discloses a fastener unit wherein the first finger 11b extends with the first finger engagement end at an acute angle relative to the first distal end (Figures 1-8).
Rensburg fails to disclose a fastener wherein the first finger extends a distance that is less than a third of a length of the first wing. Rensburg does not disclose any structural or functional significance as to the specific length of the first wing or the first finger.
Applicant is reminded that a change in the size of a prior art device, wherein there is no structural or functional significance disclosed as to the specific size of an element, is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). 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 disclosed by Rensburg wherein the first finger extends a distance that is less than a third of a length of the first wing, as Rensburg does not disclose any structural or functional significance as to the specific length of the first wing or the first finger, and as such change in size is a design consideration within the skill of the art that would yield expected and predictable results; and as it would be expected that one of ordinary skill in the art would routinely experiment to arrive at the optimum or workable dimensions for a given application.
As to claim 8, Rensburg discloses a fastener unit wherein the first finger engagement end 11b extends upward above the primary reference plane a height that is less than the distance (Figures 1-8).
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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07/25/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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