DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-15, in the reply filed on June 26, 2026 is acknowledged.
Claim Objections
Claims 2 and 12 are objected to because of the following informalities:
In claim 2 (line 2) “the first fastener” should recite –the fastener--.
In claim 12 (line 4) “the first plane” should recite –the first reference plane--.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
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 11-15 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 11 (line 9) recites the limitation "the first surface". There is insufficient antecedent basis for this limitation in the claim. Claims 12-15 depend from claim 11 and are likewise rejected as being indefinite.
Claim 12 (lines 2-3) recites the limitations "the first distal end” and “the first proximal end".
Claim 15 (line 7) recites the limitation "the first portion". There is insufficient antecedent basis for this limitation in the claim.
Claim 15 (line 10) recites the limitation "the second portion". There is insufficient antecedent basis for this limitation in the claim.
Claim 15 (line 13) recites the limitations "the front surface” and “the rear surface". There is insufficient antecedent basis for these limitation in the claim.
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 1-3, 5, 9-12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sekisui Jushi (KR 10-2012-0058513).
As to claim 1, Sekisui Jushi discloses a fastener unit adapted to secure at least one board to a support, the fastener unit comprising:
a spacer block 11,16 transversely joined with a grip element 17, the grip element projecting from the spacer block in a cantilevered manner, the grip element configured to fit in a first groove 43 defined by a first board 4, 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 4;
a fastener 2 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, the fastener including a shaft having a wire diameter A (Figure 3 reprinted below with annotations), a plurality of threads 21 including a thread diameter 21 that is greater than the wire diameter, and a minor diameter 22 among the plurality of threads, the minor diameter being less than the wire diameter; and
a first wing 15 extending from the spacer block, the first wing sized for insertion into the first groove simultaneously with the grip element,
wherein at least one of the spacer block and the grip element defines a fastener hole,
wherein the fastener hole 10 includes a fastener hole upper portion 3 having a first diameter and a fastener hole lower portion B having a second diameter (Figure 2 reprinted below with annotations),
wherein the first diameter is less than the second diameter and less than the thread diameter such that a first portion of the plurality of threads is threaded to the fastener hole upper portion,
wherein the second diameter is equal to or greater than the thread diameter,
whereby a second portion of the plurality of threads beyond the first portion does not exert a torque on the fastener hole lower portion that twists the spacer block relative to the first board when the fastener is advanced in the fastener hole (Figures 1-9).
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As to claim 2, Sekisui Jushi discloses a fastener unit wherein the fastener hole 10 is a contiguous fastener hole extending from the upper surface to the lower surface,
wherein the first wing 15 is spaced a distance from the spacer block 11,16 and adapted to fit within and contact the first groove 43 and to thereby secure the spacer block adjacent the first groove and establish the preselected gap between the first board 4 and the adjacent second board 4 (Figures 1-9).
As to claim 3, Sekisui Jushi discloses a fastener unit wherein the upper surface includes a planar surface,
wherein the lower surface includes another planar surface,
wherein the grip element 17 and spacer block 11,16 are flush with one another along the upper surface (Figures 1-9).
As to claim 5, Sekisui Jushi discloses a fastener unit wherein the grip element 17 includes a grip element thickness extending downward from an upper surface of the grip element,
wherein the fastener hole upper portion 3 extends a first distance downward from the upper surface of the grip element,
wherein the fastener hole upper portion is bounded by a first sidewall, wherein the fastener hole 10 is of the first diameter within the first distance,
wherein the first diameter is bounded by the first sidewall,
wherein the first distance is less than twice the grip element thickness (Figures 1-9).
As to claim 9, Sekisui Jushi discloses a fastener unit wherein the first hole upper portion 3 is a first cylindrical bore centered on a longitudinal axis of the fastener hole 10,
wherein the first hole lower portion B is a second cylindrical bore centered on the longitudinal axis of the fastener hole,
wherein the first cylindrical bore transitions to the second cylindrical bore at a shoulder (Figures 1-9).
As to claim 10, Sekisui Jushi discloses a fastener unit wherein the first diameter 3 is greater than at least one of the minor diameter 22 and the wire diameter A,
wherein the first diameter is less than the thread diameter 21 so that the first portion of threads bite into and deform a first sidewall bounding the fastener hole upper portion 3,
wherein the second diameter B is greater than the thread diameter so that the second portion of threads are impaired from bulging outward a second sidewall bounding the fastener hole lower portion B as the fastener 2 advances in the fastener hole,
whereby the front surface and the rear surface maintain the thickness therebetween so as to set the preselected gap between the first board 4 and the adjacent second board 4 (Figures 1-9).
As to claim 11 as best understood, Sekisui Jushi discloses a fastener unit adapted to secure at least one board to a support, the fastener unit comprising:
a spacer block 11,16 having a thickness corresponding to a preselected gap between a first board 4 and an adjacent second board 4;
a grip element 17 extending outward beyond the thickness on opposing surfaces, the grip element configured to fit in a first groove 43 defined by the first board;
a fastener 2 extending through a fastener hole 10 defined by at least one of the grip element and the spacer block and including a longitudinal axis; and
a first wing 15 extending away from a first surface and being bendable relative to a first reference plane to which the longitudinal axis is orthogonal, the first wing sized for insertion into the first groove,
wherein the fastener hole includes a fastener hole upper portion 3 having a first diameter bounded by a first sidewall, wherein the fastener hole includes a fastener hole lower portion B having a second diameter bounded by a second sidewall that is below the first sidewall,
wherein the first diameter is less than the second diameter,
wherein the fastener includes a plurality of threads 21 extending within the fastener hole upper portion and the fastener hole lower portion, the plurality of threads threadably engaging the first sidewall,
wherein the fastener includes a head 2 above the plurality of threads that engages the grip element when the fastener is advanced into the fastener hole (Figures 1-9).
As to claim 12, Sekisui Jushi discloses a fastener unit wherein the first wing 15 includes a cantilevered portion between a first distal end and a first proximal end,
wherein the cantilevered portion bends downward relative to the first reference plane (Figures 1-9).
As to claim 14, Sekisui Jushi discloses a fastener unit wherein the plurality of threads 21 does not threadably engage the second sidewall when the fastener 2 is installed in the fastener unit before the fastener is advanced to install the fastener unit relative to the first board 4 and the second board 4 (Figures 1-9).
As to claim 15, Sekisui Jushi discloses a fastener unit wherein the fastener 2 includes a shaft having a wire diameter A, a plurality of threads 21 including a thread diameter 21 that is greater than the wire diameter, and a minor diameter 22 among the plurality of threads, the minor diameter being less than the wire diameter,
wherein the first diameter 3 is greater than at least one of the minor diameter and the wire diameter,
wherein the first diameter is less than the thread diameter so that a first portion of threads bite into and deform the first sidewall,
wherein the second diameter B is greater than the thread diameter so that a second portion of threads are impaired from bulging outward the second sidewall bounding the fastener hole lower portion 3 as the fastener advances in the fastener hole 10,
whereby a front surface and a rear surface maintain the thickness therebetween so as to set the preselected gap between the first board 4 and the adjacent second board 4 (Figures 1-9).
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 4, 6-8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sekisui Jushi.
As to claim 4, Sekisui Jushi discloses a fastener unit wherein the grip element 17 and spacer block 11,16 are continuous along the upper surface,
wherein the grip element and spacer block are integrally formed with one another as a monolithic unit (Figures 1-9).
Sekisui Jushi fails to explicitly disclose that the spacer block and grip element are formed of polymeric material. Sekisui Jushi does not disclose any structural or functional significance as to the specific material of the spacer block and grip element.
Applicant is reminded that the selection of a known material based upon its suitability for the intended use, wherein there is no structural or functional significance disclosed as to the specific material of an element, is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). 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 Sekisui Jushi wherein the spacer block and grip element are formed of polymeric material, as Sekisui Jushi does not disclose any structural or functional significance as to the specific material of the spacer block and grip element, and as such selection of material is a design consideration within the skill of the art which would yield expected and predictable results.
As to claim 6, Sekisui Jushi discloses a fastener unit wherein the fastener hole lower portion B including the second diameter extends a second distance below the first distance to the lower surface of the spacer block 11,16 (Figures 1-9).
Sekisui Jushi fails to disclose a fastener unit wherein the second portion of the plurality of threads contacts a second sidewall that bounds the fastener hole lower portion. Sekisui Jushi does not disclose any structural or functional significance as to the specific diameter of the fastener hole lower portion.
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 unit disclosed by Sekisui Jushi wherein the second portion of the plurality of threads contacts a second sidewall that bounds the fastener hole lower portion, as Sekisui Jushi does not disclose any structural or functional significance as to the specific diameter of the fastener hole lower portion, 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 7, Sekisui Jushi discloses a fastener unit wherein the second distance is greater than the first distance and greater than the grip element thickness,
wherein the first diameter 3 is less than the thread diameter 21,
wherein the first diameter is greater than the minor diameter 21 (Figures 1-9).
As to claim 8, Sekisui Jushi discloses a fastener unit wherein the first diameter 3 and the wire diameter A are about equal (Figures 1-9).
As to claim 13, Sekisui Jushi fails to explicitly disclose that the head includes a head diameter that is less than 0.250 inches such a pull force greater than 300 pounds applied to the fastener is required to pull the head through the fastener hole. Sekisui Jushi does not disclose any structural or functional significance as to the specific diameter of the fastener head.
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 unit disclosed by Sekisui Jushi wherein the head includes a head diameter that is less than 0.250 inches such a pull force greater than 300 pounds applied to the fastener is required to pull the head through the fastener hole, as Sekisui Jushi does not disclose any structural or functional significance as to the specific diameter of the fastener head, 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.
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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08/04/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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