Office Action 1: Non-Final Rejection (2024-06-14)
Rejection types: 102 - Lack of Novelty, 112 - Written Description/Enablement, Double Patenting

CLAIMS:
CLAIMS What is claimed is:
1\. 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\. 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\. 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\. 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\. The deck clip of claim 1, wherein the first extension is at least partially positioned above the grip.
6\. 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\. The deck clip of claim 1, wherein the central member includes at least one fastening hole configured to receive the fastener.
8\. 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\. 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\. 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\. The deck clip of claim 10, wherein the grip contacts the bottom groove face of the deck board to apply the expansive force against the bottom groove face, and the first extension contacts the top groove face of the deck board to apply the expansive force against the top groove face.
12\. 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\. 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\. The deck clip of claim 10, wherein the first extension is at least partially positioned above the grip.
15\. 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\. The deck clip of claim 10, wherein the central member includes at least one fastening hole configured to receive the fastener.
17\. 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\. 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\. 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 § 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.
Claim 11 is 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 states that the grip contacts the bottom groove face of the deck board to apply the expansive force against the bottom groove face, and the first extension contacts the top groove face of the deck board to apply the expansive force against the top groove face. However, the scope of the claim 10 from which claim 11 depends is toward a deck clip for use in a deck board with a groove and does not include a deck board with a groove. Therefore, the correct scope of claim 11 cannot be ascertained due to the conflicting language. For purposes of examination, claim 11 is interpreted as being directed to a deck clip per se.
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) 1-19 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 1, Vanderberg in Figs. 56-72 discloses an embodiment of a deck clip 1010 or 1110 comprising: a grip 1030, 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 1020, 1120 comprising: a central member having a first end (left end in Fig. 57) and a second end (right end in Fig. 57); 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 1028 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 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 1061, 1161 (including shaded portions 1041, 1141; see annotated Figure 56) 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 in Figs. 56-72 discloses that the first extension 1061, 1161 (including shaded portions 1041, 1141; see annotated Figure 56) is further configured to be received, when installed, within at least one of the first groove or the second groove.
Regarding claim 3, Vanderberg in Figs. 56-72 discloses a second extension (located parallel to the first extension, with the grip between the first and second extension; see annotated Figure below) 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 in Figs. 56-72 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 in Figs. 56-72 discloses that the first extension is positioned at least partially above the grip 1030 (see dashed line indicating horizontal plane from which the first extension extends from rear surface 1021 and showing portions of the first extension above the grip 1030. See also Fig. 57, portions of extensions extend above line P1).
Regarding claim 6, Vanderberg in Figs. 56-72 discloses that the first cantilever member C 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 D 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. 57 and 58 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 in Figs. 56-72 discloses that the central member includes at least one fastening hole FH configured to receive the fastener.  See Fig. 57.
Regarding claim 8, Vanderberg in Figs. 56-72 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 1041F relative to side 1021 is 100 degrees).
Regarding claim 9, Vanderberg in Figs. 56-72 discloses that the grip 1030, 1130  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. 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 10, Vanderberg in Figs. 56-72 discloses an embodiment of a deck clip 1010 or 1110 comprising: a grip 1030, 1130 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 1020, 1120 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 1028,1128 configured to receive the grip; and a first extension 1061, 1161 (including shaded portions 1041, 1141; see annotated Figure 56) 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 (portion 1041M, 1141M is configured to bend toward portion 1041F, 1141F which is a direction toward grip 1031, 1131).
Regarding claim 11, Vanderberg in Figs. 56-72 discloses that the grip  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 is adapted to contact the top groove face of the deck board 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 12, Vanderberg in Figs. 56-72 discloses 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 1028 that is configured to receive the grip 1030, 1130 therein; and 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 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.
Regarding claim 13, Vanderberg in Figs. 56-72 discloses a second extension  (located parallel to the first extension, with the grip between the first and second extension; see annotated Figure below) 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 (portion 1041M, 1141M is configured to bend toward portion 1041F, 1141F which is a direction toward grip 1031, 1131).
Regarding claim 14, Vanderberg in Figs. 56-72 discloses that the first extension is at least partially positioned above the grip 1030 (see dashed line indicating horizontal plane from which the first extension extends from rear surface 1021 and showing portions of the first extension above the grip 1030. See also Fig. 57, portions of extensions extend above line P1).
Regarding claim 15, Vanderberg in Figs. 56-72 discloses that the first cantilever member C 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 D 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. 57 and 58 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 16, Vanderberg in Figs. 56-72 discloses that the central member includes at least one fastening hole FH configured to receive the fastener.
Regarding claim 17, Vanderberg in Figs. 56-72 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 1041F relative to side 1021 is 100 degrees).
Regarding claim 18, Vanderberg in Figs. 56-72 discloses that the grip 1030, 1130  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. 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 19, Vanderberg in Figs. 56-72 discloses an embodiment of a deck clip 1010 or 1110 comprising: a grip 1030, 1130 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 1020, 1120 comprising: a central member having a first end and a second end; a first arm (A) member 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 1028, 1128 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 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 1061, 1161 (including shaded portions 1041, 1141; see annotated Figure 56) that extends outwardly with respect to at least one of a front surface 1021, 1121 or a rear surface of the spacer, wherein at least a portion 1041M 1141M 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 (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); wherein at least a portion 1041F,M of the first extension is inclined with respect to the first arm member and is configured to bend (at 1041M), wherein the vertical thickness of the inclined portion of the first extension is smaller at a region 1041E 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 (see annotated Fig. 67 below showing a region that is not configured to contact any groove and Fig. 59. showing that 1041E is smaller than region 1061S), 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; (by virtue of the two regions joined at their respective ends); 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 (portion 1041M, 1141M is configured to bend toward portion 1041F, 1141F which is a direction toward grip 1031, 1131).
Double Patenting
Claims 1-19 of this application is patentably indistinct from claims 1--27 of Application No.18/638384 and claims 1-20 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.
Annotated Figures
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622
653
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384
577
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774
683
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Conclusion

APPLICANT REBUTTAL: REMARKS/ARGUMENTS
Status of the Claims
Claims 1-19 are pending in the instant application. Dependent claim 11 has been amended for the sake of clarity. No new matter has been added.
Claim Rejections Under 35 U.S.C. § 112
Dependent claim 11 was rejected under 35 U.S.C. § 112 for indefiniteness. Applicant has amended claim 11 for the sake of clarity. No new matter has been added.
Claim Rejections Under 35 U.S.C. § 102
Claims 1-19 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 recites "a first cantilever member extending from the first arm
member
toward the second arm member and endin
g
in a first face,
and a second cantilever member extending from the second arm member
toward the first arm member and endin
g
in a second face,
wherein
at least a portion of the first face
of the first cantilever member and
a
t
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." These features are not found in Vanderberg. The Examiner does not appear to have mapped these claim elements to anything in Vanderberg, as the Office Action merely states:
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 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 ...
This is the only section in the Action that actually references this claimed structure. Apart from the first and second cantilevered members labeled "C" and "D" in the annotated drawing provided by the Examiner, at no point does the Examiner explain where in the Vanderberg reference the remaining structure is shown.
Applicant respectfully argues that the Examiner has not met the burden for rejecting independent claim 1. Further, Applicant notes that Vanderberg does not teach or suggest a structure in which the cantilevered members extend toward one another, ending in faces that are at least partially planar and parallel with one another:
Fig. 57
Such faces are not planar and parallel. Anywhere the Vanderberg faces are planar, they are not parallel. And anywhere the Vanderberg faces are parallel (if any such places exist), they are
certainly not planar. As such, Vanderberg must fail under Section 102, as it does not anticipate (or render obvious) independent claim 1. Applicant respectfully requests withdrawal of this rejection.
Similarly, independent claim 10 as originally filed recites that "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 ex
p
ansive force is a
ppli
ed by the combination of the
grip
and the first extension contacting res
p
ective faces of the groove."
The Examiner does not mention this last portion of claim 10 at all in the Office Action. Rather, the Action merely states:
"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 (portion 1041 M, 1141 M is
configured to bend toward portion 1041 F, 1141 F which is a
direction toward grip 1031, 1131).
There is no mapping of how Vanderberg would apply an expansive force via a combination of the
g
rip
Zooming in on the grip 1030 - the top portion of which is shown in broken lines - it is evident that the grip 1030 does not contact any groove in any way. It is therefore not possible for the grip to provide any portion of an expansive force ton the groove(s). Applicant respectfully requests withdrawal of this rejection.
With respect to independent claim 19, Applicant's arguments above with respect to
independent claim 10 are similarly applicable. Claim 19 also includes this same language, and the Examiner similarly does not mention this expansive force in the rejection. The grip 1030 of Vanderberg does not contact any portion of the groove when installed. The rejection of claim 19 must therefore fail for the same reason. Applicant respectfully requests withdrawal of this rejection.
Double Patenting Re
j
ections
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) 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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659
718
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Greyscale
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

CITED REFERENCE SUMMARIES: Ref USD924044S: [content unavailable]
Ref US20220228373A1: Claims:
A hidden deck fastener, comprising: a II-shaped body having a top portion having a thickness, a top surface and a bottom surface, an integrally formed leg extending transversely, downwardly from the bottom surface, the leg spaced inwardly from sides of the top portion, the leg defining channels formed in opposing sides thereof, a stepped fastener receiving opening formed in the top portion and the leg, the stepped fastener opening having a first region formed into a least a part of the thickness of the top portion and a second region aligned and contiguous with the first region extending through the leg, wherein the first region is a counterbore having straight sides terminating at a flat bottom surface at the second region, wherein the channels in the legs extend toward and are spaced from the fastener receiving opening second region, and wherein the fastener has a pull-out force resistance at least 50 percent greater than a comparable fastener having a countersink fastener receiving opening.
a II-shaped body having a top portion having a thickness, a top surface and a bottom surface, an integrally formed leg extending transversely, downwardly from the bottom surface, the leg spaced inwardly from sides of the top portion, the leg defining channels formed in opposing sides thereof, a stepped fastener receiving opening formed in the top portion and the leg, the stepped fastener opening having a first region formed into a least a part of the thickness of the top portion and a second region aligned and contiguous with the first region extending through the leg, wherein the first region is a counterbore having straight sides terminating at a flat bottom surface at the second region, wherein the channels in the legs extend toward and are spaced from the fastener receiving opening second region, and wherein the fastener has a pull-out force resistance at least 50 percent greater than a comparable fastener having a countersink fastener receiving opening.
The fastener of claim 1 , further including ridges formed on the top surface and/or the bottom surface of the top portion.
The fastener of claim 2 , wherein the ridges are formed on the bottom surface of the top portion.
The fastener of claim 1 , wherein the fastener receiving opening first region has a diameter about 2 times a diameter of the second region.
The fastener of claim 1 , wherein the first region is formed in the top portion less than the thickness of the top portion.
The fastener of claim 1 , wherein the channels have enlarged regions inwardly of an end thereof.
The fastener of claim 1 , further including a threaded fastener having a shank and a head, wherein the head has a flat bottom surface to engage the flat bottom surface of the fastener receiving opening first region.
In combination: a hidden deck fastener and a threaded fastener, the hidden deck fastener having a II-shaped body having a top portion having a thickness, a top surface and a bottom surface, an integrally formed leg extending transversely, downwardly from the bottom surface, the leg spaced inwardly from sides of the top portion, the leg defining channels formed in opposing sides thereof, a stepped fastener receiving opening formed in the top portion and the leg, the stepped fastener opening having a first region formed into a least a part of the thickness of the top portion and a second region aligned and contiguous with the first region extending through the leg, the first region being a counterbore having straight sides terminating at a flat bottom surface at the second region, wherein the channels in the legs extend toward and are spaced from the fastener receiving opening second region; and the threaded fastener having a shank and a head, wherein the head has a flat bottom surface to engage the flat bottom surface of the fastener receiving opening first region, wherein the fastener has a pull-out force resistance at least 50 percent greater than a comparable fastener having a countersink fastener receiving opening.
a hidden deck fastener and a threaded fastener, the hidden deck fastener having a II-shaped body having a top portion having a thickness, a top surface and a bottom surface, an integrally formed leg extending transversely, downwardly from the bottom surface, the leg spaced inwardly from sides of the top portion, the leg defining channels formed in opposing sides thereof, a stepped fastener receiving opening formed in the top portion and the leg, the stepped fastener opening having a first region formed into a least a part of the thickness of the top portion and a second region aligned and contiguous with the first region extending through the leg, the first region being a counterbore having straight sides terminating at a flat bottom surface at the second region, wherein the channels in the legs extend toward and are spaced from the fastener receiving opening second region; and
the threaded fastener having a shank and a head, wherein the head has a flat bottom surface to engage the flat bottom surface of the fastener receiving opening first region,
wherein the fastener has a pull-out force resistance at least 50 percent greater than a comparable fastener having a countersink fastener receiving opening.
The combination of claim 8 , wherein the fastener receiving opening first region has a diameter about 2 times a diameter of the second region.
The combination of claim 8 , wherein the first region is formed in the top portion less than the thickness of the top portion.
A decking and fastener system, comprising: a decking member having an upper surface, a lower surface, and a side wall extending between the upper and lower surfaces, the side wall having a groove formed therein, a hidden deck fastener having a H-shaped body having a top portion having a thickness, a top surface and a bottom surface, an integrally formed leg extending transversely, downwardly from the bottom surface, the leg spaced inwardly from sides of the top portion defining wings in the top surface, the leg defining channels formed in opposing sides thereof, a stepped fastener receiving opening formed in the top portion and the leg, the stepped fastener opening having a first region formed into a least a part of the thickness of the top portion and a second region aligned and contiguous with the first region extending through the leg, the first region being a counterbore having straight sides terminating at a flat bottom surface at the second region, wherein the channels in the legs extend toward and are spaced from the fastener receiving opening second region, wherein the hidden deck fastener is positioned adjacent the decking member with a wing positioned in the decking member groove, and wherein a threaded fastener having a shank and a head having a flat bottom surface is driven into the hidden deck fastener such that the flat bottom surface of the head engages the flat bottom surface of the fastener receiving opening first region, wherein the fastener has a pull-out force resistance at least 50 percent greater than a comparable fastener having a countersink fastener receiving opening.
a decking member having an upper surface, a lower surface, and a side wall extending between the upper and lower surfaces, the side wall having a groove formed therein,
a hidden deck fastener having a H-shaped body having a top portion having a thickness, a top surface and a bottom surface, an integrally formed leg extending transversely, downwardly from the bottom surface, the leg spaced inwardly from sides of the top portion defining wings in the top surface, the leg defining channels formed in opposing sides thereof, a stepped fastener receiving opening formed in the top portion and the leg, the stepped fastener opening having a first region formed into a least a part of the thickness of the top portion and a second region aligned and contiguous with the first region extending through the leg, the first region being a counterbore having straight sides terminating at a flat bottom surface at the second region, wherein the channels in the legs extend toward and are spaced from the fastener receiving opening second region,
wherein the hidden deck fastener is positioned adjacent the decking member with a wing positioned in the decking member groove, and
wherein a threaded fastener having a shank and a head having a flat bottom surface is driven into the hidden deck fastener such that the flat bottom surface of the head engages the flat bottom surface of the fastener receiving opening first region,
The system of claim 11 , wherein the fastener receiving opening first region has a diameter about 2 times a diameter of the second region.
The system of claim 11 , wherein the first region is formed in the top portion less than the thickness of the top portion.
The system of claim 11 , wherein the hidden deck fastener further includes ridges formed on the upper and/or lower surface of the top portion.
The system of claim 14 , wherein the ridges are formed on the lower surface.
Ref US20220010825A1: Claims:
An installation clip for installing assembly pieces comprising: a holding arrangement with a first holding element and a second holding element, wherein the first holding element and the second holding element are arranged symmetrically inside the holding arrangement, wherein the first holding element is configured to interlock with a first receiving element of a first assembly piece and the second holding element is configured to interlock with a second receiving element of a second assembly piece; wherein the first holding element and the second holding element are configured elastically to be held by a preload inside the first receiving element and the second receiving element.
a holding arrangement with a first holding element and a second holding element, wherein the first holding element and the second holding element are arranged symmetrically inside the holding arrangement, wherein the first holding element is configured to interlock with a first receiving element of a first assembly piece and the second holding element is configured to interlock with a second receiving element of a second assembly piece; wherein
the first holding element and the second holding element are configured elastically to be held by a preload inside the first receiving element and the second receiving element.
The installation clip according to claim 1 , further comprising: a fastening arrangement having a fastening recess.
a fastening arrangement having a fastening recess.
The installation clip according to claim 2 , wherein the first holding element is configured as a first wing and the second holding element is configured as a second wing.
The installation clip according to claim 3 , wherein the first wing comprises a first upper preloading element and a first lower preloading element, and the first upper preloading element and the first lower preloading element are disposed opposite one another in order to create the preload for the first holding element upon being received into the first receiving element; and wherein the second wing comprises a second upper preloading element and a second lower preloading element, and the second upper preloading element and the second lower preloading element are disposed opposite one another in order to create the preload for the second holding element upon being received into the second receiving element.
wherein the first wing comprises a first upper preloading element and a first lower preloading element, and the first upper preloading element and the first lower preloading element are disposed opposite one another in order to create the preload for the first holding element upon being received into the first receiving element; and
wherein the second wing comprises a second upper preloading element and a second lower preloading element, and the second upper preloading element and the second lower preloading element are disposed opposite one another in order to create the preload for the second holding element upon being received into the second receiving element.
The installation clip according to claim 1 , wherein the first holding element comprises a first spacing element and the second holding element comprises a second spacing element, wherein the first spacing element is configured to set a penetration depth of the first holding element into the first receiving element and the second spacing element is configured to set a penetration depth of the second holding element into the second receiving element in order to define a spacing between the assembly pieces.
The installation clip according to claim 1 , wherein the first receiving element comprises a first groove and the second receiving element comprises a second groove, wherein the first holding element and the second holding element are configured to interact with the first groove and the second groove in order to respectively create the preload.
The installation clip according to claim 1 , wherein the holding arrangement further comprises a third holding element and a fourth holding element, wherein the third holding element and the fourth holding element are arranged symmetrically inside the holding arrangement, wherein the third holding element is configured to interlock with the first receiving element of the first assembly piece and the fourth holding element is configured to interlock with the second receiving element of the second assembly piece; wherein the third holding element and the fourth holding element are configured elastically to be held by a preload inside the first receiving element and the second receiving element.
the third holding element and the fourth holding element are configured elastically to be held by a preload inside the first receiving element and the second receiving element.
The installation clip according to claim 1 , wherein an installation height of the installation clip is variable, said variability being obtained by setting the at least one fastening element in the fastening recess of the at least one installation clip.
An installation system for installing assembly pieces comprising: an installation clip including a holding arrangement with a first holding element and a second holding element, wherein the first holding element and the second holding element are arranged symmetrically inside the holding arrangement, wherein the first holding element is configured to interlock with a first receiving element of a first assembly piece and the second holding element is configured to interlock with a second receiving element of a second assembly piece, wherein the first holding element and the second holding element are configured elastically to be held by a preload inside the first receiving element and the second receiving element, the installation clip further including a fastening arrangement having a fastening recess; and a fastening element configured to be received into the fastening recess.
an installation clip including a holding arrangement with a first holding element and a second holding element, wherein the first holding element and the second holding element are arranged symmetrically inside the holding arrangement, wherein the first holding element is configured to interlock with a first receiving element of a first assembly piece and the second holding element is configured to interlock with a second receiving element of a second assembly piece, wherein the first holding element and the second holding element are configured elastically to be held by a preload inside the first receiving element and the second receiving element, the installation clip further including a fastening arrangement having a fastening recess; and
a fastening element configured to be received into the fastening recess.
The installation system according to claim 9 , wherein the fastening element is further configured to set a height of the first assembly piece and of the second assembly piece.
The installation system according to claim 9 , wherein the fastening element comprises a screw.
The installation system according to claim 9 further comprising at least two assembly pieces, wherein the at least two assembly pieces can be installed using the at least one installation system in a horizontal or vertical orientation.
A method for producing an installation clip for installing assembly pieces comprising: providing a holding arrangement with a first holding element and a second holding element; symmetrically arranging the first holding element and the second holding element inside the holding arrangement; shaping the first holding element in order to interlock with a first receiving element of a first assembly piece; shaping the second holding element in order to interlock with a second receiving element of a second assembly piece; and configuring the first holding element and the second holding element as elastic elements that are configured to be held inside the first receiving element and the second receiving element by a preload.
providing a holding arrangement with a first holding element and a second holding element;
symmetrically arranging the first holding element and the second holding element inside the holding arrangement;
shaping the first holding element in order to interlock with a first receiving element of a first assembly piece;
shaping the second holding element in order to interlock with a second receiving element of a second assembly piece; and
configuring the first holding element and the second holding element as elastic elements that are configured to be held inside the first receiving element and the second receiving element by a preload.
Ref US20210404190A1: Claims:
A method of using a fastener unit comprising: providing a fastener unit including a spacer block, a grip element extending from front and rear surfaces of the spacer block, and a resilient compression element joined with the spacer block, the resilient compression element comprising a moveable wing disposed at an angle to the fixed wing, the moveable wing comprising a first end joined with the fixed wing and a second end, opposite the first end, comprising a terminal edge of the moveable wing; inserting the second end of the moveable wing into a first groove of a first board so that the terminal edge is adjacent a lower surface of the first groove; pressing the moveable wing against the lower surface of the first groove while pivoting the fastener unit to compress the moveable wing toward the fixed wing; and engaging an upper surface of the grip element against an upper surface of the first groove above the lower surface of the first groove, wherein the moveable wing presses against the lower surface of the first groove and the upper surface of the grip element presses against the lower surface of the first groove, thereby holding the spacer block adjacent the first groove of the first board.
providing a fastener unit including a spacer block, a grip element extending from front and rear surfaces of the spacer block, and a resilient compression element joined with the spacer block, the resilient compression element comprising a moveable wing disposed at an angle to the fixed wing, the moveable wing comprising a first end joined with the fixed wing and a second end, opposite the first end, comprising a terminal edge of the moveable wing;
inserting the second end of the moveable wing into a first groove of a first board so that the terminal edge is adjacent a lower surface of the first groove;
pressing the moveable wing against the lower surface of the first groove while pivoting the fastener unit to compress the moveable wing toward the fixed wing; and
engaging an upper surface of the grip element against an upper surface of the first groove above the lower surface of the first groove,
wherein the moveable wing presses against the lower surface of the first groove and the u
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