Office Action 2: Notice of Allowance (2024-08-28)

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\. (Currently Amended) 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; 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 one of the first deck board and the second 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 at least a portion of the first extension is configured to bend and wherein, when installed, the first extension is configured 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.

2\. (Currently Amended) The deck clip of claim 1, further comprising a second extension that extends outwardly with respect to at least one of the front surface or the rear surface, wherein the second extension is configured to bend and wherein, when installed, the second

extension is configured 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.
3\. (Original) The deck clip of claim 1, wherein the first extension is positioned at least partially above the grip.
4\. (Original) The deck clip of claim 1, wherein the at least a portion of the first extension that is configured to bend is located immediately adjacent the spacer.
5\. (Original) The deck clip of claim 1, wherein the deck clip comprises at least one fastening hole configured to receive a fastener.
6\. (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 or 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.
7\. (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.
8\. (Currently Amended) A deck clip, comprising:

a grip configured to be received within a groove positioned on a side surface of a deck board; and
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; and
a first extension that extends from the first arm member, wherein at least a portion of the first extension is inclined with respect to the first arm member, wherein the at least a portion of the first extension that is inclined with respect to the first arm member \[\[and\]\] is configured to bend, 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.

9\. (Original) The deck clip of claim 8, further including 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.

10\. (Original) The deck clip of claim 8, 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.

11\. (Original) The deck clip of claim 8, wherein the at least a portion of the first extension that is configured to bend is located immediately adjacent the spacer.

12\. (Currently Amended) The deck clip of claim 8, further including a second extension that extends from the second arm member, wherein at least a portion of the second extension is inclined with respect to the second arm member, wherein the at least a portion of the second extension that is inclined with respect to the second arm member \[\[and\]\] is configured to bend, wherein the vertical thickness of the inclined portion of the second 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.

13\. (Original) The deck clip of claim 8, wherein the first extension is positioned at least partially above the grip.

14\. (Cancelled)

15\. (Original) The deck clip of claim 8, wherein the deck clip comprises at least one fastening hole configured to receive a fastener.

16\. (Original) The deck clip of claim 8, wherein a longitudinal axis of the first extension lies at an angle to at least one of a front surface or a 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.

17\. (Original) The deck clip of claim 8, wherein the grip is configured to abut a bottom groove face of the groove, and wherein the first extension is configured to abut a top groove face of the first groove.

18\. (Currently Amended) A deck clip, comprising:a grip configured to be received within a groove positioned on a side surface of a deck board; and
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; and

a first extension that extends from the first arm member, wherein at least a portion of the first extension is inclined with respect to the first arm member, wherein the at least a portion of the first extension that is inclined with respect to the first arm member \[\[and\]\] is configured to bend, 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.

19\. (Original) The deck clip of claim 18, further including 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.

20\. (Original) The deck clip of claim 18, wherein the region of the inclined portion that is immediately adjacent the region that is configured to contact the groove is not configured to contact any groove when installed.

21\. (Original) The deck clip of claim 18, wherein the at least a portion of the first extension that is configured to bend is located immediately adjacent the spacer.

22\. (Currently Amended) The deck clip of claim 18, further including a second extension that extends from the second arm member, wherein at least a portion of the second extension is inclined with respect to the second arm member, wherein the at least a portion of the second extension that is inclined with respect to the second arm member \[\[and\]\] is configured to bend, wherein the vertical thickness of the inclined portion of the second 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.

23\. (Original) The deck clip of claim 18, wherein the first extension is positioned at least partially above the grip.

24\. (Cancelled)

25\. (Original) The deck clip of claim 18, wherein the deck clip comprises at least one fastening hole configured to receive a fastener.

26\. (Original) The deck clip of claim 18, wherein a longitudinal axis of the first extension lies at an angle to at least one of a front surface or a 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.

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

of the first groove.

OFFICE 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 .
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Claims 1-13, 15-23, and 25-27 are allowable for the reasons set forth on pages 10-13 of applicant’s remarks dated 07/16/24.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKS/ARGUMENTS
Status of the Claims
Claims 1-27 are pending in the instant application. Claims 4, 11, 14, 21, and 24 were all merely objected to for depending from a rejected base claim, but would otherwise be allowable. Applicant thanks the Examiner for noting the allowability of these claims. However, independent claims 1, 8, and 18 have been amended, and dependent claims 2, 12, and 23 have been similarly amended accordingly, all for the sake of clarity. Claims 14 and 24 have been cancelled. No new matter has been added.
Claim Rejections Under 35 U.S.C. § 102
Claims 1-3, 5-10, 12, 13, 15-20, 22, 23, and 35-27 were rejected under 35 U.S.C. § 102 as anticipated by U.S. Patent Publication No. 2020/0087925 to Vanderberg et al. (hereinafter "Vanderberg"). Applicant respectfully traverses.
Independent claim 1 has been amended to clarify that the first extension is configured to press against either the top groove face or the bottom groove face of the first groove, and is configured not to press against both the top groove face and the bottom groove face of the second groove. Applicant believes that the Examiner interpreted the original language of this limitation of claim 1 to impose these limitations only on that portion of the first extension that is configured to bend. However, the limitations relating to (a) pressing against either the top groove face or the bottom groove face of the first groove, and (b) not pressing against both the top groove face and the bottom groove face of the second groove, limit the entirely of the first extension, and not a smaller portion thereof. The first extension includes at least a portion that is configured to bend, but it is not only this portion that is configured to bend that is subject to such
limitations. The amendments to claim 1 clarify these points. The Examiner's rejection of claim
1 is now moot.
Further, Applicant respectfully argues that the Vanderberg reference specifically shows in Figs. 66 and 67 that the purported "extension member" 1041 contacts the top of the first groove at point 1041J (see Fig. 67), and contacts the top and bottom of the second groove at points 1061S and 10625. It therefore does not anticipate (or render obvious) these elements of claim 1, as amended. Applicant respectfully requests withdrawal of this rejection.
With respect to independent claim 8, Applicant has included amendments herein to
clarify that the portion of the first extension that is inclined with respect to the first arm member
is
the portion of the first extension that is configured to bend. The rejection of claim 8 is therefore moot.
Substantively, in rejecting claim 8, the Examiner mapped the entirety of the first resilient compression element 1041 of Vanderberg - specifically portions 1041F, 1041M, and 1061S - onto the claimed "inclined portions." The Examiner then argues that the end portion 1061S has a smaller vertical thickness than portion 1061S. Applicant respectfully argues that portions 1041F and 1061S cannot map onto the claimed inclined portion that is configured to bend. Portions 1041F and 1061S are explicitly disclosed in Vanderberg as not being configured to bend. Paragraph [0248] of Vanderberg recites as follows:
The
moveable win
g
1041M
can be
movable, bendable, and flexible
about the transition region or junction 1041J where it is joined with the fixed wing 1041F. All or a part of the moveable wing 1041M can bend,
flex, deform, hinge or otherwise translate (all interchangeably referred to as "bend" herein) about or relative to this junction 1041J. In other cases, the moveable wing 1041M can bend to different degrees along its length
so that it becomes more arched or angled as it bends.
The fixed win
g
1041F
can be
substantially non-movable, non-bendable, and non- flexible
relative to the spacer body 1020 and the moveable wing 1041M.
Thus, in this embodiment,
vertical com
p
ression or ex
p
ansion of the resilient com
p
ression element 1041 can be solely, or substantially
solely, accom
p
lished by movement of the moveable win
g
1041M
relative to the fixed win
g
1041F.
The Vanderberg reference therefore expressly provides that only section 1041M is bendable.
As a person of ordinary skill in the art would understand, technically, everything is
bendable to an extent. But such a POSITA would also appreciate that the phrase "configured to bend" is an indication of intended flexibility, as compared to a lack of intended flexibility. This is similarly echoed by the next sentence in Vanderberg, which reads: "In being 'substantially' non-movable, non-bendable, and non-flexible, the fixed wing 1041F may move by small degrees during installation of the fastener unit 1010, but by a far smaller degree than the moveable wing 1041M." Thus, Vanderberg itself acknowledges that only its "moveable wing 1041M" is supposed to bend, and that even if sections 1041F and 1061S technically could have come flexibility to them, it is unintended and not desired. The sections 1041F and 1061S of Vanderberg are therefore not "configured to bend" because they are configured to be "non- bendable" or "substantially non-bendable."
the bendable portion.Fixed wing 1041F and section 1061 S are explicitly not bendable, and therefore cannot be a part of the claimed inclined portion. As bendable section 1041M does not have any vertical thickness differences along its length, it cannot have a smaller vertical thickness at a region that is configured to contact the groove compared to a region that is not configured to contact any
groove when installed. Thus, the Examiner's rejection of independent claim 8 is moot, but is also untenable given the amendments made herein. Applicant respectfully requests withdrawal of this rejection.
With respect to independent claim 18, Applicant's arguments above with respect to
independent claim 8 are similarly applicable. Claim 18 has also been amended to clarify that the portion of the first extension that is inclined with respect to the first arm member
is
the portion of the first extension that is configured to bend. The rejection of claim 18 is therefore moot. Further, the Examiner's mapping of elements from Vanderberg onto the elements of claim 18 is similar to those made for claim 18, and must fail for the same reason.
The only section of the Vanderberg device that is bendable is section 1041M. Only bendable section 1041M is the relevant inclined portion, as independent claim 18 has been clarified to recite that the claimed inclined portion
is
the bendable portion. Fixed wing 1041F and section 1061 S are explicitly not bendable, and therefore cannot be a part of the claimed inclined portion. As bendable section 1041M does not have any vertical thickness differences along its length, it cannot have a smaller vertical thickness at a region that is configured to contact the groove compared to a region that is immediately adjacent the region configured to contact the groove. Thus, the Examiner's rejection of independent claim 18 is moot, but is also untenable given the amendments made herein. Applicant respectfully requests withdrawal of this rejection.
Double Patenting Ob
j
ections
Applicant had cancelled claims 14 and 24, which renders the double patenting objection moot.
Conclusion