DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 20, 2025, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) filed on July 16, 2026, October 3, 2025, August 15, 2025, and June 5, 2025, have been considered by the examiner.
Claim Objections
Claim 7 is objected to because of the following informalities: Claim 7 recites “a second portion formed a second material,” which is missing a word. It should read --a second portion formed of a second material--. Appropriate correction is required.
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.
Claims 1-4, 6, 13 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wigboldy et al. (US-20210341008-A1).
With regards to claim 1, Wigboldy et al. disclose
a fastener to secure a bracket to a surface, the fastener comprising (self-sealing fastener 10, para [0030], Fig. 2A; it secures a building component to a structural member, para [0031], and so it able to secure to a bracket to a surface):
a body (body having shank 12 and head 14, para [0032]); and
a sealant at least partially disposed along a length of the body (coating 16 applied to , covering, and surrounding at least a portion of shank 12, para [0030]; the coating may be a liquid rubber sealant, para [0033]),
the sealant being configured to seal a penetration formed in the surface during securement of the bracket to the surface (coating 16 peels back as the fastener is driven and forms seal 17 at the penetration, inhibiting leakage past the fastener, para [0030]).
With regards to claim 2, Wigboldy et al. disclose the fastener of claim 1. Wigboldy et al. further disclose wherein the sealant includes at least one of butyl, silicone, acrylic, polyurethane, or rubber (the coating may be silicone, siliconized rubber, or a liquid rubber sealant, para [0033]).
With regards to claim 3, Wigboldy et al. disclose the fastener of claim 1. Wigboldy et al. further disclose wherein the sealant is pre-applied to the length of the body prior to the securement of the bracket to the surface (the coating is applied as a liquid and dried on the fastener, so the coated fastener is supplied, and loaded into a fastener gun, before installation, para [0033]).
With regards to claim 4, Wigboldy et al. disclose the fastener of claim 1. Wigboldy et al. further wherein the sealant is applied to the body via at least one of spraying, dipping, coating, or adhering (coating 16 is applied to the fastener as a thick liquid and dried, paras [0030], [0033]).
With regards to claim 6, Wigboldy et al. disclose the fastener of claim 1. Wigboldy et al. further wherein the length of the body includes threads (threaded fasteners 54 with the coating over region 58 of the shank, para [0035], Fig. 4; threaded fasteners 55, para [0039], Fig. 9).
With regards to claim 13, Wigboldy et al. disclose
An assembly comprising:
a strip including a plurality of receptacles (the plastic strip or plastic retainer of sets 60 and 62, para [0036], having a row of openings in its upper and lower rails, one set of openings for each nail, Figs. 5A, 5B);
a plurality of fasteners attached to the strip, wherein individual fasteners of the plurality of fasteners are disposed at least partially within individual receptacles of the plurality of receptacles (roofing nails 50 collated by the strip, para [0036]; the shank of each nail 50 passes through its own openings in the strip, Figs. 5A, 5B); and
a sealant disposed along a portion of a length of the individual fasteners of the plurality of fasteners (rubberized coating 16 applied over the heads and upper shank portions of each nail of set 60, or over the trip portions of each nail set 62, para [0036]).
With regards to claim 19, Wigboldy et al. disclose the assembly of claim 13 as set forth above, wherein: the plurality of fasteners are configured to attach to a surface (nails sets 60 and 62 driven into a rigid surface forming part of a roof, para [0036]); and when attached to the surface, the plurality of fasteners separate from the strip (each driven nail is dispensed by a pneumatic fastener gun 68, para [0038]).
With regards to claim 20, Wigboldy et al. disclose the assembly of claim 13 as set forth above. Wigboldy et al. further disclose wherein the sealant includes at least one of butyl, silicone, acrylic, polyurethane, or rubber (rubberized 16 of sets 60 and 62, para [0036], which may be silicone, siliconized rubber, or a liquid rubber sealant, para [0033]).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wigboldy et al. (US-20210341008-A1) in view of Rich et al. (US-5635546-A1).
With regards to claim 5, Wigboldy et al. disclose the fastener of claim 1 as set forth above. However, Wigboldy et al. do not disclose wherein the sealant includes microspheres that are configured to fracture during the securement of the bracket to the surface to seal the penetration.
Rich et al. disclose a pre-applied thread sealant coated on the threaded surface of a mechanical fastener (col 10, lns 10-13), containing microcapsules that rupture under compression and shear when the fastener is engaged, releasing the initiator so that coating locks and seals the joint (col 6, ln 65-col 7, ln 7 and col 10, lns 25-38)
Claims 7, 9-12, 14-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wigboldy et al. (US-20210341008-A1) in view of Habermehl (US-4930630-A1).
With regards to claim 7, Wigboldy et al. disclose
a fastener comprising (threaded self-sealing fastener 55, para [0039], Fig. 9; fastener 10, para [0030]):
a body (shank 12 and head 14, para [0032]);
a sealant at least partially disposed along a length of the body (coating 16 surrounding at least a portion of the shank, paras [0030], [0035]); and
a washer secured to the body (pre-assembled sealing gasket 76 at the underside of head 14a, para [0039], Fig. 9),
However, Wigboldy et al. do not disclose the washer including: the first portion formed of a first material, and a second portion formed a second material.
Habermehl discloses a washer 40 carried on a screw shank that comprises a metal cover 41 (a first portion of a first material) and a rubber ring 42 (a second portion of a second material), the ring being sized to grip the shank frictionally (col 3, lns 6-17, Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Habermehl’s metal and rubber washer as the sealing washer of Wigboldy’s fastener, in order to seal beneath the head against sheet material while the rubber ring holds the washer on the shank before installation. Habermehl describes the washer as one for use with the sheet metal that is retained on the screw against accidental release form handling or vibration (col 3, lns 8-13, col 13, lns 35-38).
With regards to claim 9, Wigboldy et al. in view of Habermehl disclose the fastener of claim 7 as set forth above. Wigboldy et al. further disclose the fastener is secured to a strip containing a plurality of fasteners (fasteners 55 collated as set 74 by a plastic retainer, para [0039], Fig. 9) and Habermehl discloses the plastic strip 10 carrying a plurality of screws 12, col 2, lns 55-61, Fig. 1).
With regards to claim 10, Wigboldy et al. in view of Habermehl disclose the fastener of claim 9 as set forth above. Wigboldy et al. further disclose wherein the fastener is secured to the strip at a location vertically below a head of the fastener (the plastic retainer strip of set 62 crosses the shanks of nails 50 below heads 50, Fig. 5B), and vertically above the sealant (coating 16 of set 62 is applied over the tip portions, distal from the heads, and lies below the retainer strip, para [0036], Fig. 5B).
With regards to claim 11, the combination of Wigboldy et al. in view of Habermehl disclose the fastener of claim 7 as set forth above. Wigboldy et al. further disclose wherein the sealant includes at least one of butyl, silicone, acrylic, polyurethan, or rubber (silicone, siliconized rubber, or liquid rubber sealant, para [0033]).
With regards to claim 12, the combination of Wigboldy et al. in view of Habermehl disclose the fastener of claim 7 as set forth above. Wigboldy et al further disclose wherein the sealant is configured to seal a penetration formed in a surface during securement of the fastener into the surface (coating 16 peels back as the fastener is driven and forms seal 17 at the penetration, paras [0030], [0032]).
With regards to claim 14, the combination of Wigboldy et al. disclose the fastener of claim 13 as set forth above.
However, the combination of Wigboldy et al. do not disclose further comprising a plurality of washers, wherein individual washers of plurality of washers are secured to the individual fasteners.
Habermehl discloses a collated strip in which a washer 40 is frictionally engaged on the shank of each screw (col 1, lns 39-41, col 3, lns 6-17, Figs. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to secure a washer on each collated fastener of Wigboldy et al., as taught by Habermehl, in order to seal beneath the head of each fastener and have the washer applied automatically with the fastener for quicker, single fastening operation.
With regards to claim 15, Wigboldy et al. in view of Habermehl discloses the assembly of claim 14 as set forth above. Habermehl further discloses wherein the individual washers include: a first portion formed of a first material, and a second portion found of a second material (metal cover 41 and rubber ring 12, col 3, lns 11-13, Fig. 2).
With regards to claim 18, Wigboldy et al. disclose the assembly of claim 13 as set forth above.
However, Wigboldy et al. fail to disclose wherein the individual fasteners attach to the strip approximate to a head of the individual fasteners.
Habermehl discloses a collated strip in which each screw is received in its sleeve 14 with head 20 extending from one end of the sleeve, so that the strip lies just below the head (col, 1, lns 35-38,lns 56-58, Fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to locate Wigboldy’s strip on each fastener just been, as taught by Habermehl, in order to leave the lower shank free for sealant and any washer so that they do not interfere with operation of the strip.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wigboldy et al. (US-20210341008-A1) in view of Habermehl (US-4930630-A1), and further in view of Jasmin (US-20240072719-A1).
With regards to claim 8, the combination of Wigboldy et al. in view of Habermehl discloses the fastener of claim 7 as set for above. Habermehl disclose the first portion includes metal (metal cover 41, col 3, lns 11-13).
However, the combination of Wigboldy et al. in view of Habermehl fails to disclose the second portion include ethylene-propylene diene monomer.
Jasmin discloses a roof-mounting screw 105 with a sealing washer 120 that is a conical metal washer with a gasket made of ethylene-propylene diene monomer, the screw and sealing washer often being sold as one unit , para [0054].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to form Habermehl’s rubber ring of ethylene-propylene diene monomer, as taught by Jasmin, in order to use a rubber known to be suitable for roof-penetrating sealing washers. Jasmin identifies ethylene-propylene diene monomer as the gasket material of a metal sealing washer on a roofing screw, para [0041].
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wigboldy et al. (US-20210341008-A1) in view of Gallegos et al. (US-20220243754-A1).
With regards to claim 16, Wigboldy et al. disclose the assembly of claim 13 as set forth above.
However, Wigboldy et al. do not disclose further comprising a plurality of containers in which the sealant is disposed, wherein the individual fasteners are at least partially disposed within individual containers of the plurality of containers.
Gallegos et al. disclose a fastener 702 with a non-deformable reservoir 706 (a container) holding sealant 108, the threaded shaft 104 passing through the fastener 710 of the reservoir and a plunger 704 forcing the sealant into the borehole as the fastener is driven, paras [0047]-[0050], Fig. 7.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to hold the sealant of each collated fastener of Wigboldy et la.in a container as taught by Gallegos et al. in order to contain the pre-applied sealant before installation and force it into the borehole as each fastener is driven. Gallegos et al. disclose that driving the fastener expels the contained sealant into the borehole to form a watertight seal, para [0042]).
With regards to claim 17, the combination of Wigboldy et al. in view of Gallegos et al. disclose the assembly of claim 16 as set forth above. The plurality of containers 706 are carried on each fastener as taught by Gallegos et al. and each fastener is attached to the strip of Wigboldy et al. (Figs. 5A, 5B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-5193958-A1 to Day discloses screws with a sealant coating on the threads, applied by dipping or spraying.
US-20180172058-A1 to Zimmerman discloses a self-sealing fastener with sealant on the shank and a washer carrying sealant.
US-20170107723-A1 to Stearns discloses a roof mount fastened with a bonded ethylene-propylene diene monomer and stainless steel washer.
US-20180087558-A1 to Feldmann discloses a sealing washer with chambers of liquid sealant that rupture under compression.
US-20240360863-A1 to Wogan discloses a sealant capsule through which a fastener passes, for roof mount.
US-20240060598-A1 to Wogan discloses a roof attachment with compressible sealant beneath the mount.
US-11339820-B2 to Thomas discloses a self-sealing screw with a flowable coating on the thread.
US-3711347-A1 to Wagner discloses a fastener with a silicone sealing ring on the shank.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONG BAO NGUYEN whose telephone number is (571)270-7350. The examiner can normally be reached Monday-Friday (9-5:30 pm 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, Kristina R Fulton can be reached at 571-272-7376. 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.
/L.B.N./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
