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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 21-32 in the reply filed on 11 May 2026 is acknowledged.
Claim Objections
Claim 21 is objected to because of the following informalities: It seems as though some sort of punctuation could be used on Line 3 between “edge” and “wherein”. Appropriate correction is required.
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)(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.
Claims 21-26 and 29-32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 8,146,303 to Gibson et al.
Regarding claim 21, Gibson teaches in Figures 1 and 4 [annotated below], a step clip fastening device (A) [fastening track (Column 3, Line 9)], the step clip fastening device (A) comprising: an elongated base strip (3) [track (Column 3, Line 13)] having a first end and a second end, and a first edge and a second edge wherein the first edge and the second edge extend between the first and second end; a plurality of step clip sets (B-H) extending substantially perpendicularly upwards [Figure 5 shows them at 90o] from the base strip (3), wherein each of the step clip sets (B-H) comprises at least two step clips (4/4a and 5) arranged in a back-to-back configuration, wherein Figure 2 shows a step clip (4/4a and 5) is attached at each of the first end and the second end of the base strip (3); one or more tabs (J) extending substantially perpendicularly downwards from the base strip (3) between two corresponding step clips (4/4a and 5) facing each other; and a plurality of protrusions (6) extending substantially perpendicularly downwards from the base strip (3) and positioned near a bottom surface of alternating sets of step clip sets (B-H).
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Regarding claim 22, Gibson teaches in Figures 1 and 4 [annotated above], a first step clip set (B), second step clip set (C), third step clip set (D), and fourth step clip set (E); and a first protrusion (6) provided near a bottom of the first step clip set (B) and third step clip set (D).
Regarding claim 23, Gibson teaches in Figures 1 and 4 [annotated above], the one or more tabs (J) are provided on the first edge of the elongated base strip (3) and the plurality of protrusions (6) are provided on the second edge of the base strip (3) opposite the first edge.
Regarding claim 24, Gibson teaches in Figures 1 and 4 [annotated above], a cover strip (K) attached to the second edge of the elongated base strip (3), the cover strip (3) configured to cover at least a portion of the second edge of the elongated base strip (3) excluding a space where the plurality of protrusions (6) are attached to the elongated base strip (3).
Regarding claim 25, Gibson teaches in Figures 1 and 4 [annotated above], at least one hook (L) extending from a first edge of the elongated base strip (3).
Regarding claim 26, Gibson teaches in Figures 1 and 4 [annotated above], a cover strip (J) attached to the second edge of the elongated base strip (3).
Regarding claim 29, Gibson teaches in Figures 1 and 4 [annotated above], the plurality of protrusions (6) are integral with the elongated base strip (3).
Regarding claims 30 and 31, Gibson teaches in Figures 1 and 4 [annotated above], at least one of the one or more tabs (J) comprises a cut-out [for the protrusions 6] wherein the cut-out would cause a reduced stiffness of the tab (J) because of the reduced material.
Regarding claim 32, Gibson teaches in Figures 1 and 4 [annotated above], the one or more tabs (J) are configured to align the step clip sets (B-H) on a surface of a joist (2).
Allowable Subject Matter
Claims 27 and 28 are objected to as being dependent upon a rejected base claim, but 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: The Prior Art does not anticipate or make obvious the claimed features of the at least one hook.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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