Deck board spacer

Geometrical instruments – Gauge – Collocating

Reexamination Certificate

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Details

C033S526000, C033SDIG002

Reexamination Certificate

active

06508010

ABSTRACT:

BACKGROUND OF THE INVENTION
The present invention relates generally to the construction of outdoor decking and similar construction wherein it is desirable to achieve a uniform space width between adjacent pieces of lumber or similar building material.
Well known in the art is the usual method of construction of outdoor wood decks which requires the builder to employ spacing material such as wooden scraps, nails, pencils, and the like to achieve a uniform width between adjacent deck boards. The use of such spacing material is time consuming and often creates inconsistent spacing along the length of the decking boards. This spacing material is further ineffective due to the tendency of these items to fall between the joists during use, thereby requiring the builder to replace the spacing material or “eyeball” the width of the space. Further, removal of these types of spacing material can cause damage to the decking material upon removal of same. All of this, of course, wastes time, increases costs, and can cause inconsistent spacing of the deck boards.
Further with the increasing use of synthetic lumber material in the industry (e.g., Trex™, Choice Deck™, etc.) consistent spacing between boards becomes critical, since consistent spacing is typically required by synthetic lumber manufacturers for safety and warranty purposes.
Known in the art are the following patents which disclose devices which address consistent spacing of boards:
U.S. Pat. No. 3,735,497 (Boettcher) discloses a spacer for laying wooden flooring with a space between selected adjacent floor boards and maintaining said boards in a special relationship.
U.S. Pat. No. 4,850,114 (Vockins) discloses a decking spacer tool adapted for measured fitting between parallel boards prior to securing of the boards to a support.
U.S. Pat. No. 4,858,399 (Salato, Jr.) discloses a combination protective cover and spacer strip for mounting upon a wooden rectangular beam which supports horizontal planks.
U.S. Pat. No. 4,930,225 (Phillips) discloses a tool for use in marking, cutting, spacing, and/or securing boards or planks in deck, roof, or fence construction, and the like.
U.S. Pat. No. 4,955,142 (Rieck) discloses a hand tool for use in placing deck boards on a support structure.
U.S. Pat. No. 5,560,117 (Tallman) discloses a deck board or like spacer for establishing a predetermined space between a pair of deck boards.
While these above-referenced prior art patents all disclose devices utilized for providing consistent spacing between boards, and some additionally include some means to aid in removal of the device from the deck, none of these devices provide for a deck spacer that enables the builder to emplace the deck spacer prior to positioning the adjacent deck board, or a deck spacer comprising a lower notch sized to capture a portion of a joist therein, or the combination of one or more apertures and a grip, formed on the upper portion of the deck spacer to allow the same to be quickly emplaced and/or removed from the deck.
BRIEF SUMMARY OF THE INVENTION
The present invention specifically addresses the deficiencies of prior art spacing devices by enabling the builder to emplace the deck spacer prior to positioning the adjacent board, thereby speeding up the construction process, maintaining consistent spacing between boards, and allowing for easy, fast removal of the deck spacer for subsequent re-use.
More particularly, the present invention comprises a deck spacer which preferably includes a grip on the top portion thereof to aid in placement and removal of the deck spacer, at least one aperture to aid in the subsequent removal of the deck spacer from a deck, and a tapered slot formed along its bottom edge which slot fits over a conventional 2x and/or 4x joist board during construction. The slot formed on the bottom edge allows the spacer to securely fit over the deck joist allowing easy placement and removal while alleviating the problem of spacing material falling between joists. The ⅛″ thickness of the deck spacer allows the installer to easily and consistently achieve the required spacing between deck boards as well as expedite the installation process. The deck spacer is preferably made of vinyl or like material which will not mar the boards.
The present invention provides an efficient means of ensuring a consistent space between deck boards, which at the same time provides for easy removal of the device. Accordingly, a primary object of the present invention is to provide a device which enables the builder to easily obtain a consistent space between deck boards. Thus, the deck spacer of the present invention allows both the novice and the professional to achieve a uniform decking surface with less effort and time.
Another object of the present invention is to provide a deck spacer which may be emplaced by the builder prior to laying down an adjacent board.
Another object of the present invention is to provide a deck spacer which securely fits over a joist.
A still further object of the present invention is to provide a deck spacer which allows for the use of multiple spacers to be used together on a single joist to achieve uniform spacing in ⅛ inch increments.
A further object of the present invention is to provide a deck spacer which has a grip to aid in placement, and removal of the deck spacer from the deck.
Still another object of the present invention is to provide a deck spacer which has one or more apertures for easy removal of the deck spacer from the deck.
Another object of the present invention is to provide a deck spacer which may be used by the builder as a wedge to cause curved and/or warped boards to move into closer parallel alignment with adjacent boards.


REFERENCES:
patent: 387284 (1888-08-01), Dupee
patent: 489584 (1893-01-01), Havener
patent: 1307426 (1919-06-01), Wells
patent: 2509441 (1950-05-01), MacAllan
patent: 2567586 (1951-09-01), Werder
patent: 2686959 (1954-08-01), Robinson
patent: 3735497 (1973-05-01), Boettcher
patent: 4850114 (1989-07-01), Vockins
patent: 4858399 (1989-08-01), Salato, Jr.
patent: 4908952 (1990-03-01), Joos
patent: 4930225 (1990-06-01), Phillips
patent: 4953341 (1990-09-01), Joos
patent: 4955142 (1990-09-01), Rieck
patent: 5010654 (1991-04-01), Funes, Jr.
patent: 5190266 (1993-03-01), Barrera
patent: 5288534 (1994-02-01), Tavshanjian
patent: 5293694 (1994-03-01), Swindle
patent: 5359783 (1994-11-01), Smith
patent: 5367783 (1994-11-01), Nygren
patent: 5490334 (1996-02-01), Payne
patent: 5560117 (1996-10-01), Tallman
patent: 5603195 (1997-02-01), Cosentino
patent: 5628119 (1997-05-01), Bingham et al.
patent: 5768793 (1998-06-01), Fields
patent: 5822942 (1998-10-01), Lucia, Jr.
patent: 5930974 (1999-08-01), Zielinski
patent: 6047520 (2000-04-01), Caraballo
patent: 6385859 (2002-05-01), Varney

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