Office Action 2: Non-Final Rejection (2024-08-23)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, Double Patenting

CLAIMS:
AMENDMENTS TO THE CLAIMS

This listing of claims will replace all prior revisions, and listings, of claims in the application.

Listing of Claims:

1\. (Original) A deck clip, comprising:a grip configured to be received, when installed, within a first groove positioned on a side surface of a first deck board and a second groove positioned on a side surface of a second deck board;
a spacer comprising:
a central member having a first end and a second end;
a first arm member extending vertically from the first end of the central member;
a second arm member extending vertically from the second end of the central member, wherein at least a portion of the first arm member and at least a portion of the second arm member are separated by a channel that is configured to receive the grip therein;
a first cantilever member extending from the first arm member toward the second arm member and ending in a first face, and a second cantilever member extending from the second arm member toward the first arm member and ending in a second face,
wherein at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another and are separated by a space narrower than the channel and configured to fit a fastener therebetween;
and

a first extension that extends outwardly with respect to at least one of a front surface or a rear surface of the spacer, wherein at least a portion of the first extension is configured to bend.
2\. (Original) The deck clip of claim 1, wherein the first extension is further configured to be received, when installed, within at least one of the first groove or the second groove.
3\. (Original) The deck clip of claim 2, further comprising a second extension that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer, wherein the second extension is configured to bend.
4\. (Original) The deck clip of claim 3, wherein the second extension is further configured to be received, when installed, within at least one of the first groove or the second groove.

5\. (Original) The deck clip of claim 1, wherein the first extension is at least partially positioned above the grip.
6\. (Original) The deck clip of claim 1, wherein the first cantilever member extends to a sharp corner with the first face such that there is no radius between the first cantilever member and the first face, and the second cantilever member extends to a sharp corner with the second face such that there is no radius between the second cantilever member and the second face.

7\. (Original) The deck clip of claim 1, wherein the central member includes at least one fastening hole configured to receive the fastener.
8\. (Original) The deck clip of claim 1, wherein a longitudinal axis of the first extension lies at an angle to at least one of the front surface and the rear surface of the spacer, and wherein said angle is approximately between 100 degrees and 110 degrees when the first extension is not acted on by external forces.
9\. (Original) The deck clip of claim 1, wherein the grip is configured to abut the bottom groove face of the first groove, and wherein the first extension is configured to abut the top groove face of the first groove.

10\. (Original) A deck clip, comprising:a grip configured to be received within a groove of a deck board, the groove having a top groove face and a bottom grove face; and
a spacer comprising:
a front surface and a rear surface, at least one of the front surface and the rear surface configured, when installed to abut the side surface of the deck board;
a channel configured to receive the grip; and
a first extension that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer;

wherein the first extension is configured so that, when it is received within the groove, the first extension bends toward a plane aligned with the grip and an expansive force is applied by the combination of the grip and the first extension contacting respective faces of the groove.

11\. (Currently Amended) The deck clip of claim 10, wherein the grip, in use, is adapted to contact the bottom groove face of the deck board to apply the expansive force against the bottom groove face, and the first extension, in use, is adapted to contact the top groove face of the deck board to apply the expansive force against the top groove face.

12\. (Original) The deck clip of claim 10, further including:a first arm member extending vertically from the first end of the central member;
a second arm member extending vertically from the second end of the central member, wherein at least a portion of the first arm member and at least a portion of the second arm member are separated by a channel that is configured to receive the grip therein; and
a first cantilever member extending from the first arm member toward the second arm member and ending in a first face, and a second cantilever member extending from the second arm member toward the first arm member and ending in a second face,
wherein at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another and are separated by a space narrower than the channel and configured to fit a fastener therebetween.

13\. (Original) The deck clip of claim 10, further comprising a second extension that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer, wherein the second extension is configured so that, when it is received within the groove, the second extension bends toward a plane aligned with the grip and an expansive force is applied by the combination of the grip and the second extension contacting respective faces of the groove

14\. (Original) The deck clip of claim 10, wherein the first extension is at least partially positioned above the grip.

15\. (Original) The deck clip of claim 12, wherein the first cantilever member extends to a sharp corner with the first face such that there is no radius between the first cantilever member and the first face, and the second cantilever member extends to a sharp corner with the second face such that there is no radius between the second cantilever member and the second face.

16\. (Original) The deck clip of claim 10, wherein the central member includes at least one fastening hole configured to receive the fastener.

17\. (Original) The deck clip of claim 10, wherein a longitudinal axis of the first extension lies at an angle to at least one of the front surface and the rear surface of the spacer, and wherein said angle is approximately between 100 degrees and 110 degrees when the first extension is not acted on by external forces.

18\. (Original) The deck clip of claim 1, wherein the grip is configured to abut the bottom groove face of the first groove, and wherein the first extension is configured to abut the top groove face of the first groove.

19\. (Original) A deck clip, comprising:a grip configured to be received, when installed, between a top groove face and a bottom groove face of a first groove positioned on a side surface of a first deck board and between a top groove face and a bottom groove face of a second groove positioned on a side surface of a second deck board facing the first groove of the first deck board;
a spacer comprising:
a central member having a first end and a second end;
a first arm member extending vertically from the first end of the central member;
a second arm member extending vertically from the second end of the central member, wherein at least a portion of the first arm member and at least a portion of the second arm member are separated by a channel that is configured to receive the grip therein;
a first cantilever member extending from the first arm member toward the second arm member and ending in a first face, and a second cantilever member extending from the second arm member toward the first arm member and ending in a second face,
wherein at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another and are separated by a space narrower than the channel and configured to fit a fastener therebetween;

and a first extension that extends outwardly with respect to at least one of a front surface or a rear surface of the spacer, wherein at least a portion of the first extension is configured to bend and, when installed, to press against one of the top groove face or the bottom groove face of the first groove and not to press against both the top groove face and the bottom groove face of the second groove;wherein the at least portion of the first extension that is configured to bend is inclined with respect to the first arm member, wherein the vertical thickness of the inclined portion of the first extension is smaller at a region that is configured to contact the groove compared to a region of the inclined portion that is not configured to contact any groove when installed, wherein the region of the inclined portion that is not configured to contact any groove when installed is immediately adjacent the region of the inclined portion that is configured to contact the groove;
wherein the first extension is configured so that, when it is received within the groove, the first extension bends toward a plane aligned with the grip and an expansive force is applied by the combination of the grip and the first extension contacting respective faces of the groove.

OFFICE ACTION:
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 .
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.
Claim(s) 1-7, 9, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. D945870 to Vanderberg (“Vanderberg”).
Regarding claim 1, Vanderberg discloses an embodiment of a deck clip Fig. 1 comprising: a grip (G) configured to be received, when installed, within a first groove positioned on a side surface of a first deck board and a second groove positioned on a side surface of a second deck board; a spacer (S) comprising: a central member having a first end (left end in Fig. 1) and a second end (right end in Fig. 1); a first arm member (A) extending vertically from the first end of the central member; a second arm member (B) extending vertically from the second end of the central member, wherein at least a portion of the first arm member and at least a portion of the second arm member are separated by a channel (channel where grip G is inserted) that is configured to receive the grip therein; a first cantilever member C extending from the first arm member toward the second arm member and ending in a first face, and a second cantilever member (D) extending from the second arm member toward the first arm member and ending in a second face, wherein at least a portion of the first face (P) of the first cantilever member and at least a portion of the second face (P) of the second cantilever member comprise planar surfaces that are parallel with one another and are separated by a space narrower than the channel and configured to fit a fastener (threaded fastener, not labeled) therebetween and a first extension E1 that extends outwardly with respect to at least one of a front surface or a rear surface of the spacer, wherein at least a portion of the first extension is configured to bend.
Regarding claim 2, Vanderberg discloses that the first extension (E1) is further configured to be received, when installed, within at least one of the first groove or the second groove.
Regarding claim 3, Vanderberg discloses a second extension (E2) that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer, wherein the second extension is configured to bend.
Regarding claim 4, Vanderberg discloses that the second extension (E2) is further configured to be received, when installed, within at least one of the first groove or the second groove.
Regarding claim 5, Vanderberg discloses that the first extension (E1) is positioned at least partially above the grip (portions of E1 would be above portions of legs of grip G which are located inside vertical channels).
Regarding claim 6, Vanderberg discloses that the first cantilever member (C) extends to a sharp corner (SC) with the first face such that there is no radius between the first cantilever member and the first face, and the second cantilever member (D) extends to a sharp corner (SC) with the second face such that there is no radius between the second cantilever member and the second face.
Regarding claim 7, Vanderberg discloses that the central member includes at least one fastening hole (where threaded fastener is inserted, see Fig. 1) configured to receive the fastener.
Regarding claims 9 and 18, Vanderberg discloses that the grip (G) configured to abut the bottom groove face of the first groove, and wherein the first extension is configured to abut the top groove face of the first groove. This would be possible depending on a shape of a groove in which it is inserted. However, the scope of the claim does not include a deck board with a groove.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanderberg.
Regarding claim 8, Vanderberg discloses that a longitudinal axis of the first extension lies at an angle to at least one of the front surface and the rear surface of the spacer, and wherein said angle is approximately 95 degrees (best shown in Fig. 4 where the first extension extends at a slight downward slope on the left side) when the first extension is not acted on by external forces, but does not disclose an angle of between 100 degrees and 110 degrees. It would have been obvious to one having ordinary skill in the art at the time of invention to have an angle of between 100 and 110 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. When one of ordinary skill would recognize the known effect attributed to a claimed parameter, then it is logical to conclude that changes to that parameter produce expected results. In this case, it is expected that increasing the angle would facilitate insertion in a groove.
Annotated Figures
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Double Patenting
Applicant is advised that should claim 9 be found allowable, claim 18 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, see Remarks, filed 07/16/24, with respect to claims 10-17 and 19 have been fully considered and are persuasive.  The 35 U.S.C. 102(a)(1) rejection of claims 10-17 and 19 with respect to US2020/0087925 has been withdrawn.
Allowable Subject Matter
Claims 10-17 and 19 are allowable.
The following is a statement of reasons for the indication of allowable subject matter: Claims 10-17 and 19 are allowable for the reasons set forth on pages 11-12 of applicant’s remarks dated 07/16/2024.
Conclusion

APPLICANT REBUTTAL: REMARKS/ARGUMENTS
Status of the Claims
Claims 1-19 are pending in the instant application. No claims have been amended. No new matter has been added. Applicant first notes that claims 10-17 and 19 were deemed allowable, and Applicant thanks the Examiner for noting same.
Claim Rejections Under 35 U.S.C. § 102
Claims 1-7, 9, and 18 were rejected under 35 U.S.C. § 102 as anticipated by U.S. Patent No. D945870 to Vanderberg (hereinafter "Vanderberg"). Applicant respectfully traverses. Vanderberg is a design patent, and therefore by definition it cannot anticipate all limitations of independent claim 1 as discussed below.
Independent claim 1 includes several limitations that include words such as "configured to," including the limitation "wherein at least a portion of the first extension is configured to bend." The Vanderberg reference cited by the Examiner, as a design patent, cannot anticipate such a limitation. The Vanderberg reference does not contain any discussion that any portion of any extension member is configured to bend. There is no - and there cannot be - information in a design patent as to the functionality of the design contained in the design patent's drawings. As such, the Examiner's rejection of claim 1 in view of the Vanderberg design patent cannot stand, due to Vanderberg's lack of disclosure regarding claimed operational elements of independent claim 1. As dependent claims 2-7, 8, 18 depend from independent claim 1, the cited Vanderberg reference must also fail with respect to these dependent claims.
Claim Rejections Under 35 U.S.C. § 103
Dependent claim 8 was rejected under 35 U.S.C. § 103 as being obvious over
Vanderberg. Applicant respectfully disagrees, but notes that dependent claim 8 depends from independent claim 1. As such, dependent claim 8 should similarly be allowable.
Double Patenting Rejections
Applicant respectfully requests that this rejection be held in abeyance until the claims of both applications are finalized for issuance. At that time, Applicant would be happy to work with the Examiner to determine if any of the claims are patentably indistinct.
Conclusion

NEXT OFFICE ACTION: 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 .
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.
Claim(s) 10, 11, 13, 14, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2020/0087925 to Vanderberg et al. (“Vanderberg”).
Regarding claim 10, Vanderberg in an embodiment of a deck clip 10 (see Figs. 1-7) comprising: a grip 30 configured to be received within a groove of a deck board, the groove having a top groove face and a bottom grove face; and a spacer 20 comprising: a front surface and a rear surface, at least one of the front surface and the rear surface configured, when installed to abut the side surface of the deck board; a channel 28 configured to receive the grip; and a first extension 41 that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer; wherein the first extension is configured so that, when it is received within the groove, the first extension 41 bends toward a plane aligned with the grip 30 (see Fig. 5 showing 41 bend toward plane P1 which is a plane aligned with the grip) and an expansive force is applied by the combination of the grip 30 and the first extension 41 contacting respective faces of the groove (par 0144 discloses grip biting lower surfaces of the groove).
Regarding claim 11, Vanderberg discloses that the grip 30 is adapted to contact the bottom groove face (par 0144) of the deck board to apply the expansive force against the bottom groove face, and the first extension 41 is adapted to contact the top groove face of the deck board (see Fig. 5) to apply the expansive force against the top groove face. This would be possible depending on a shape of a groove in which it is inserted. However, the scope of the claim does not include a deck board with a groove.
Regarding claim 13, Vanderberg discloses a second extension 42 that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer, wherein the second extension is configured so that, when it is received within the groove, the second extension bends toward a plane aligned with the grip and an expansive force is applied by the combination of the grip and the second extension contacting respective faces of the groove (see Fig. 5).
Regarding claim 14, Vanderberg discloses that the first extension 41 is at least partially positioned above the grip 30 (see Fig. 3 showing ends of 41 above grip 30).
Regarding claim 16, Vanderberg discloses that the central member includes at least one fastening hole FFH configured to receive the fastener.
Regarding claim 17, Vanderberg discloses that a longitudinal axis of the first extension 41 lies at an angle to at least one of the front surface and the rear surface of the spacer, and wherein said angle is approximately between 100 degrees and 110 degrees when the first extension is not acted on by external forces (angle of 41E relative to surface of 23 is approximately 108 degrees).
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.
Claim(s) 1-9, 12, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vanderberg.
Regarding claim 1, Vanderberg in Figs. 68-72 discloses an embodiment of a deck clip 1110 comprising: a grip 1130 configured to be received, when installed, within a first groove positioned on a side surface of a first deck board and a second groove positioned on a side surface of a second deck board; a spacer 1120 comprising: a central member having a first end (left end in Fig. 69) and a second end (right end in Fig. 69); a first arm member (left 1127) extending vertically from the first end of the central member; a second arm member (right 1127) extending vertically from the second end of the central member, wherein at least a portion of the first arm member and at least a portion of the second arm member are separated by a channel 1128  that is configured to receive the grip therein; a first cantilever member (horizontal portion of left 1127 defining 1127V) extending from the first arm member toward the second arm member and ending in a first face, and a second cantilever member (horizontal portion of left 1127 defining 1127V) extending from the second arm member toward the first arm member and ending in a second face, wherein the first and second cantilever members are separated by a space 1127V narrower than the channel 1128 and configured to fit a fastener therebetween and a first extension 1141 that extends outwardly with respect to at least one of a front surface or a rear surface of the spacer, wherein at least a portion 1141M of the first extension is configured to bend.
Vanderberg in the Figs. 68-72 embodiment does not disclose that at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another.
Vanderberg in Figs. 12-13 discloses another embodiment of a deck clip 210 comprising a spacer 220 wherein at least a portion of a first face (vertical face of 220 extending above grip 230) of a first cantilever member and at least a portion of the second face (vertical face of 220 extending above grip 230) of a second cantilever member comprise planar surfaces that are parallel with one another (the parallel surface of the first and second face define a wider gap between which fastener 290 is inserted; see Fig. 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the Figs. 68-72 embodiment of Vanderberg to have at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another as taught in Figs. 12-13 embodiment of Vanderberg with a reasonable expectation of success because it would faciltiate insertion of a fastener by providing a wider opening.
Regarding claim 2, Vanderberg as modified discloses that the first extension 1141 further configured to be received, when installed, within at least one of the first groove or the second groove.
Regarding claim 3, Vanderberg as modified discloses a second extension 1142 (located parallel to the first extension, with the grip between the first and second extension) that extends outwardly with respect to at least one of the front surface or the rear surface of the spacer, wherein the second extension is configured to bend.
Regarding claim 4, Vanderberg as modified discloses that the second extension is further configured to be received, when installed, within at least one of the first groove or the second groove.
Regarding claim 5, Vanderberg as modified discloses that the first extension 1141 is positioned at least partially above the grip 1130 (portions 1141M is above legs of grip 1130).
Regarding claim 6, Vanderberg as modified discloses that the first cantilever member extends to a sharp corner with the first face such that there is no radius between the first cantilever member and the first face, and the second cantilever member extends to a sharp corner with the second face such that there is no radius between the second cantilever member and the second face. See Fig. 12-13 showing a side view of the cantilevers and showing a sharp angle where the cantilever and the inclined side of the first and second faces meet the respective cantilevers.
Regarding claim 7, Vanderberg as modified discloses that the central member includes at least one fastening hole FH configured to receive the fastener.  See Fig. 68.
Regarding claim 8, Vanderberg as modified discloses that a longitudinal axis of the first extension lies at an angle to at least one of the front surface and the rear surface of the spacer, and wherein said angle is approximately between 100 degrees and 110 degrees when the first extension is not acted on by external forces (angle A9 can be 10 degrees, therefore, the angle of a bottom surface of 1141F relative to side 1121 is 100 degrees).
Regarding claim 9, Vanderberg as modified discloses that the grip 1130 is configured to abut the bottom groove face of the first groove (par 0011), and wherein the first extension is configured to abut the top groove face of the first groove. This would be possible depending on a shape of a groove in which it is inserted. However, the scope of the claim does not include a deck board with a groove.
Regarding claim 18, Vanderberg  as modified discloses that the grip 1130  is configured to abut the bottom groove face of the first groove (par 0011), and wherein the first extension 1141 is configured to abut the top groove face of the first groove (adjacent portion 1141J). This would be possible depending on a shape of a groove in which it is inserted. However, the scope of the claim does not include a deck board with a groove.
Regarding claim 12, Vanderberg discloses a first arm member (vertical left portion of spacer 20 that extends above 30 and includes 27U and 27R) extending vertically from the first end of the central member; a second arm member (vertical right portion of spacer 20 that extends above 30 and includes 27U and 27R) extending vertically from the second end of the central member, wherein at least a portion of the first arm member and at least a portion of the second arm member are separated by a channel 28 that is configured to receive the grip 30 therein; and a first cantilever member (left portion defining 27S) extending from the first arm member toward the second arm member and ending in a first face 27S, and a second cantilever member (right portion defining 27S) extending from the second arm member toward the first arm member and ending in a second face 27S, wherein at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces separated by a space 27R narrower than the channel and configured to fit a fastener therebetween.
Vanderberg in the Figs. 1-7 embodiment does not disclose that at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another.
Vanderberg in Figs. 12-13 discloses another embodiment of a deck clip 210 comprising a spacer 220 wherein at least a portion of a first face (vertical face of 220 extending above grip 230) of a first cantilever member and at least a portion of the second face (vertical face of 220 extending above grip 230) of a second cantilever member comprise planar surfaces that are parallel with one another (the parallel surface of the first and second face define a wider gap between which fastener 290 is inserted; see Fig. 12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the Figs. 1-7 embodiment of Vanderberg to have at least a portion of the first face of the first cantilever member and at least a portion of the second face of the second cantilever member comprise planar surfaces that are parallel with one another as taught in Figs. 12-13 embodiment of Vanderberg with a reasonable expectation of success because it would faciltiate insertion of a fastener by providing a wider opening.
Regarding claim 15, Vanderberg as modified discloses that the first cantilever member extends to a sharp corner with the first face such that there is no radius between the first cantilever member and the first face, and the second cantilever member extends to a sharp corner with the second face such that there is no radius between the second cantilever member and the second face. See Fig. 12-13 showing a side view of the cantilevers and showing a sharp angle where the cantilever and the inclined side of the first and second faces meet the respective cantilevers.
Allowable Subject Matter
Claim 19 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:  None of the prior art, alone or in obvious combination absent hindsight, discloses applicant’s invention as recited in claim 19. With respect to US10,378,218 to Vandenberg, Vandenberg does not disclose wherein the vertical thickness of the inclined portion of the first extension is smaller at a region that is configured to contact the groove compared to a region of the inclined portion that is not configured to contact any groove when installed or wherein the vertical thickness of the inclined portion of the first extension is smaller at a region that is configured to contact the groove compared to a region of the inclined portion of the first extension that is immediately adjacent the region that is configured to contact the groove as required by claim 19. In contrast, Vandenberg discloses a first extension wherein the entire length of the extension that is parallel to plane P1 contacts the groove. Moreover, the vertical thickness of extension 42 is uniform where it contacts the groove.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Applicant is advised that should claim 9 be found allowable, claim 18 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claims 1-19 of this application is patentably indistinct from claims 8-13, 15-23, and 25-27 of Application No.18/638384 and claims 11-8, 14-17, and 19-22 of Application No. 17/974755. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Conclusion

CITED REFERENCE SUMMARIES: Ref US20200087925: Claims:
1. A fastener unit adapted to secure at least one board to a support, the fastener unit comprising:
a spacer block configured to at least partially receive a fastener and comprising a thickness corresponding to a preselected gap between a first board and a second board adjacent the first board; a grip element joined with the spacer block and configured to engage a first groove of the first board; and at least one resilient compression element joined with the spacer block and configured to forcibly expand within the first groove of the first board, thereby securing the spacer block in a position adjacent the first groove, the at least one resilient compression element comprising:
a fixed wing; and
a moveable wing disposed at an angle to the fixed wing, the moveable wing comprising a first end joined with the fixed wing at a junction and a second end, opposite the first end, comprising a terminal edge of the moveable wing;
wherein the terminal edge of the moveable wing is spaced from the fixed wing by a first vertical distance in an open mode; and
wherein the moveable wing is vertically compressible to move toward the fixed wing so that the terminal edge is spaced from the fixed wing by a second vertical distance in a compression mode, the second vertical distance being less than a height of the first groove so that at least a portion of the at least one resilient compression element can fit within the first groove of the first board.
2. The fastener unit of claim 1,
wherein the spacer block comprises a front surface and an opposing rear surface, and the thickness of the spacer block extends from the front surface to the rear surface; wherein the junction extends rearwardly beyond the rear surface of the spacer block to guide placement of the second board adjacent the first board; and wherein the junction is configured to fit within a second groove of the second board.
3. The fastener unit of claim 2,
wherein the fixed wing comprises a first end joined with the moveable wing at the junction and a second end; and wherein the second ends of the fixed and moveable wings extend beyond the forward surface of the spacer block so that at least a portion of the second ends of the fixed and moveable wings can fit within the first groove of the first board.
4. The fastener unit of claim 1,
wherein the spacer block comprises a front surface and an opposing rear surface, and the thickness of the spacer block extends from the front surface to the rear surface; wherein the at least one resilient compression element extends rearwardly beyond the rear surface of the spacer block; and wherein the junction is parallel to the rear surface of the spacer block.
5. The fastener unit of claim 1,
wherein the second end of the moveable wing extends beyond the fixed wing.
6. The fastener unit of claim 1,
wherein the junction defines a first acute angle between the fixed wing and the moveable wing in the open mode; and wherein the moveable wing is vertically compressible to move toward the fixed wing so that the junction defines a second acute angle, less than the first acute angle, in the compression mode.
7. The fastener unit of claim 1,
wherein the spacer block comprises a vertical axis, the fixed wing lies within a first plane orthogonal to the vertical axis, and the movable wing is vertically compressible toward the first plane; and wherein, in the open mode, the moveable wing lies within a second plane that is oblique to the vertical axis and oblique to the first plane.
8. The fastener unit of claim 1,
wherein the moveable wing is tapered toward the second end, with the first end of the moveable wing defining a first width and the second end of the moveable wing defining a second width that is less than the first width.
9. The fastener unit of claim 1,
wherein the fixed wing includes a first side edge and a second side edge; and wherein the moveable wing includes a first side edge that is coplanar with the first side edge of the fixed wing and a second side edge that is oblique to the first side edge of the fixed wing.
10. The fastener unit of claim 1,
wherein the fixed wing includes a first end joined with the moveable wing at the junction and a second end; wherein the moveable wing extends in a cantilevered manner from the first end of the fixed wing; and wherein the second end of the moveable wing extends beyond the second end of the fixed wing.
11. The fastener unit of claim 1,
wherein the grip element includes a first end and a second end extending in a first direction; wherein the first end of the grip element projects forward of a front surface of the spacer block and the second end of the grip element projects rearward of a rear surface of the spacer block; and wherein the fixed and moveable wings are spaced from the spacer block and extend in the same first direction as the grip element.
12. The fastener unit of claim 1,
wherein the fixed wing includes a first end and a second end that are separated by a fixed wing length; and wherein the fixed wing is joined with the spacer block by a neck portion having a length less than the fixed wing length.
13. The fastener unit of claim 12,
wherein the fixed wing comprises an inner side surface facing the spacer block; and wherein a portion of the inner side surface of the fixed wing is joined with the spacer block by the neck portion and another portion of the inner side surface of the fixed wing is spaced from the spacer block by a gap.
14. A fastener unit adapted to secure at least one board to a support, the fastener unit comprising:
a spacer block configured to at least partially receive a fastener and comprising a thickness corresponding to a preselected gap between a first board and a second board adjacent the first board; a grip element joined with the spacer block and configured to engage a first groove of the first board; a fixed wing joined with the spacer block; and a moveable wing disposed at an angle to the fixed wing, the moveable wing comprising:
a first end joined with the fixed wing at a junction; and
a second end, opposite the first end, comprising a terminal edge of the moveable wing, the terminal edge spaced away from the fixed wing in an open mode;
 wherein the moveable wing is resiliently compressible to move the terminal edge toward the fixed wing in an compression mode so that at least a portion of the fixed and moveable wings can fit within the first groove of the first board and to urge the terminal edge back toward the open mode from the compression mode to forcibly expand within the first groove of the first board so that the spacer block can be secured in a position adjacent the first groove; and wherein the junction is spaced from the spacer block such that the moveable wing is resiliently compressible independent from the spacer block.
15. The fastener unit of claim 14,
wherein the grip element includes a first end and a second end extending in a first direction; wherein the first end of the grip element projects forward of a front surface of the spacer block and the second end of the grip element projects rearward of a rear surface of the spacer block; wherein the fixed and moveable wings extend in the same first direction as the grip element; and wherein the fixed wing is joined with the spacer block by a neck portion having a length less than a length of the fixed wing.
16. A method of using a fastener unit comprising:
providing a fastener unit including a spacer block, a grip element joined with the spacer block, and at least one resilient compression element joined with the spacer block, the at least one resilient compression element comprising a fixed wing and a moveable wing disposed at an angle to the fixed wing, wherein the moveable wing comprises a first end joined with the fixed wing at a junction and a second end, opposite the first end, comprising a terminal edge of the moveable wing; inserting at least the second end of the moveable wing into a first groove of a first board; pressing the moveable wing against a lower surface of the first groove while pivoting the fastener unit to compress the moveable wing toward the fixed wing; inserting at least a portion of the fixed wing into the first groove of the first board; and releasing the compressible element so that the fixed and moveable wings forcibly engage the first groove, with the moveable wing pressing against the lower surface of the first groove and the fixed wing pressing against the upper surface of the first groove, thereby holding the spacer block adjacent the first groove of the first board.
17. The method of claim 16,
wherein inserting at least the second end of the moveable wing into the first groove comprises sliding the moveable wing in a direction generally parallel to the lower surface of the first groove; and wherein inserting at least a portion of the fixed wing into the first groove comprises sliding the fixed wing in a direction generally parallel to the upper surface of the first groove.
18. The method of claim 16,
wherein pivoting the fastener unit to compress the moveable wing toward the fixed wing comprises pivoting the junction upwardly.
19. The method of claim 16, comprising sliding the moveable wing further into the first groove while inserting the at least a portion of the fixed wing into the first groove.
20. The method of claim 16,
wherein releasing the compressible element comprises releasing the fixed wing into an orientation parallel to the upper surface of the first groove.