Stud setting device

Static structures (e.g. – buildings) – With adjunctive means for assembly or disassembly – Removable prop or brace combined with structure component

Reexamination Certificate

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Details

C052S749100, C052SDIG001, C033S613000, C033S645000, C033S562000, C029S271000, C029S464000, C269S043000, C269S904000, C269S910000

Reexamination Certificate

active

06381908

ABSTRACT:

BACKGROUND OF THE INVENTION
The present invention relates to the field of building construction. More particularly, this invention relates to a device for assisting in the process of squarely installing wall studs and ceiling or floor joists at desired intervals in new construction or remodeling.
There are several reasons why the proper installation of studs and joists is one of the most important tasks of any construction project. First, the wall studs or joists must be installed so that the centers of adjacent studs or joists are a precise distance apart that is typically required by the architectural plans, building specifications, or building codes. In the United States, the typical distance between adjacent stud centers is either sixteen inches or twenty-four inches, and floor and ceiling joists are also typically sixteen or twenty-four inches apart on centers. Errors in setting adjacent studs or joists tend to be additive and accumulate over the length of the wall or ceiling/floor respectively. For example, a ¼ inch error per stud can result in a 40 foot wall that is several inches off its specified length.
Plywood, particleboard, paneling, and gypsum-based sheet rock, which are typical coverings used in frame construction, usually come in four-foot by eight-foot sheets. Therefore, it is very important that studs or joists are present at four-foot and eight-foot intervals, so that the edges of the coverings can be attached to the frame. The studs must also be square with the top of the sill plate so that the frame is square. The studs cannot lean or twist, and the desired interval must be maintained along the entire height of the wall. The front edge of the wall stud must align with the front edge of the sill plate or stringer. If not, a perceptible bulge or recess will appear in the finished wall. The side edge of the wall stud must also be square with the front edge of the sill plate or stringer so that the stud lays flat behind the sheet rock or whatever is attached to it.
As described briefly below, various known devices and methods have been attempted to accomplish the task of setting studs or joists. However, due to the shortcomings and impracticalities of these approaches, the most commonly used conventional technique remains measuring and marking each stud with a tape measure, measuring and marking the distance desired along the sill plate or stringer, placing the stud in the desired location, then trying to hold it with one hand while fastening it with the other hand. The stud tends to move during the fastening or nailing process, thus throwing off the measurement and alignment. Therefore, framing a building can be difficult, tedious, costly, and time consuming.
In U.S. Pat. No. 4,625,415, Diamontis discloses a stud spacer that includes a rigid support to which spacers are fixed at longitudinally-spaced intervals corresponding to the distance between studs to hold them at the desired spacing during fastening. Holes are provided at spaced intervals along the support for receiving nails for anchoring the structure to the floor stringer or sill plate. The spacers wrap around three sides of the stud being placed. This structure precludes the use of the device in remodeling construction, where the studs must be set tight against an existing wall. Furthermore, this feature also prevents the use of the device for setting the first wall stud and requires measuring with a tape measure or other scale to set the second wall stud. This tool is also not shown to be versatile or adjustable, which means that multiple tools will be required to set studs at the various different stud, spacing distances required by building codes, etc. The tool must be fastened to the floor or sill plate before setting each successive wall stud. This requires installing and removing nails every time, which is time consuming. Contractors, who are always looking to save time and cost on projects, may not want to expend the time to use this particular tool. Since the device wraps around three sides of the stud, installation of 2×6, 2×8, 2×10 and 2×12 studs or joists would require the purchase of separate tools for each size. The use of this device prevents the user from nailing the front and left side of the stud because of its design. To nail the above-mentioned sides, the device must be removed first, which defeats the purpose of the tool in securing the wall stud while nailing.
In U.S. Pat. No. Des. 314,520, Hass discloses a construction stud layout tool. This device is clearly dedicated to a particular spacing between the studs and must be left in place as a permanent part of the structure after the studs are set. Thus, this device is not reusable and would add significantly to the cost of the building under construction. Furthermore, the partitions between which the stud is placed interfere with two possible sites for nailing the stud to the sill plate.
In U.S. Pat. No. 4,843,726, Ward discloses a stud alignment and positioning tool. This large and bulky device requires the worker to temporarily secure the tool to a plurality adjacent studs with nails or screws at every stud. Most construction workers are under time and cost pressures, so they may be disinclined to use this tool. Furthermore, this tool does not align the front of the stud to the sill plate, which is essential if the sheet rock is to lie flat against it.
In U.S. Pat. No. 4,795,141, Mulvaney discloses a rather complex cam locked stud-nailing fixture. This device is a temporary clamp only and cannot be used to measure the distance between the studs. The worker still needs to measure and install the device on the sill plate for every individual stud. This is very slow and time-consuming. Like the Diamontis device, this device engages the rear of the sill plate and therefore cannot be used on remodeling projects where access to the rear of the sill plate is impossible.
Various other devices that merely measure but do not restrain the studs for nailing are disclosed in the following patents: Jimenez U.S. Pat. No. 5,768,795; Kamykowski U.S. Pat. No. 5,960,554; Sedlock U.S. Pat. No. 4,301,596; and Dreiling U.S. Pat. No. 4,527,337.
There is a need for a better device for setting studs and joists. Therefore, a primary objective of the present invention is the provision of a device for setting studs and joists that is accurate, reliable and convenient to use.
Another objective of this invention is the provision of a stud setting device that can be used to set floor or ceiling joists.
Another objective of this invention is the provision of a single stud setting device that can be used on various sizes of studs and joists, including but not limited to two-by-fours (2×4s), 2×6s, 2×8s, 2×10s and 2×12s.
Another objective of this invention is the provision of a stud setting device that can be used to set the first stud (or a corner stud if there is a second perpendicular sill plate to abut to) and the next stud adjacent to the corner.
Another objective of this invention is the provision of a single stud setting device that can set studs on sixteen inch or twenty-four inch centers.
Another objective of this invention is the provision of a stud setting device that has a low profile to essentially allow access to all four sides of the stud so that it can be anchored with nails or other fasteners driven in at angles from any of said sides without removing the device.
Another objective of this invention is the provision of a stud setting device that securely retains the stud in the desired position during the fastening or nailing of the stud to the sill plate.
Another objective of this invention is the provision of a stud setting device that is able to take a twist out of a warped or twisted stud.
Another objective of this invention is the provision of a stud setting device that is relatively simple and inexpensive to produce.
These and other objectives will be apparent from the drawings, as well as from the description and claims that follow.
SUMMARY OF THE INVENTION
The present inventio

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