Static structures (e.g. – buildings) – Machine or implement
Reexamination Certificate
2000-07-28
2002-12-17
Friedman, Carl D. (Department: 3635)
Static structures (e.g., buildings)
Machine or implement
C052SDIG001, C052S105000, C033S481000, C269S001000
Reexamination Certificate
active
06494015
ABSTRACT:
FIELD OF THE INVENTION
The present invention relates to a method and apparatus to assist in building decks, and more particularly to the installation of vertical members that must be evenly spaced and substantially parallel to each other. The present invention is particularly advantageous for the installation of pickets that are a component of a railing for a deck.
BACKGROUND
Wooden decks are often provided for homes and they are generally level and somewhat elevated from the ground. Surrounding the deck is a railing to prevent a person from accidentally falling off a deck. The railing generally comprises an upper rail support, a lower rail support and pickets. The pickets are positioned vertically between the upper rail and the lower rail. There must be a minimal horizontal distance between adjacent vertical surfaces of the pickets in order to comply with local building codes; however, the pickets should not any closer to each other than necessary.
The proper positioning of these pickets is a somewhat time consuming task that must be accomplished reliably. For example if one of the pickets is out of alignment then the pickets that are placed in a position parallel to the misaligned picket repeat the mistake along the length of the railing.
SUMMARY OF THE INVENTION
The present invention provides a tool that is simple in design, inexpensive to manufacture and easy to use for assisting in building decks. The tool is used to create indicating marks on a horizontal beam. These marks are then used to position vertical members between the header and footer horizontal beams.
The tool comprises a frame member and a flange. In a preferred embodiment, the frame member is trapezoidal in shape and has a front end and a rear end. The flange is positioned at the rear end of the frame member and in a plane substantially perpendicular to the frame member. The frame member further comprises a lower portion and an upper portion. A base edge is located at the lower portion of the frame member. The base edge is perpendicular to the plane which the flange is located in. A first and second indicator locations are located on the base edge that are each positioned at a predetermined location from the rearward surface of the flange. The perpendicular distance from the first location to the rearward surface of the flange is denoted as ‘a’. The perpendicular distance from the second indicator location to the rearward surface of the flange is denoted as ‘b’.
In a preferred embodiment, the tool further comprises and open portion located in the central area of the frame. The central area defines a third indicator that is positioned at a perpendicular distance ‘a’ from the base edge. The upper portion of the frame defines an upper edge that is parallel to the base edge. The perpendicular distance from the upper edge to the base edge is ‘b’. Further in the open portion a level can be located. This level can indicate whether the base edge is vertical or the flange is horizontal.
The environment the tool is designed to operate is in deck construction. A deck railing is used to help prevent people and movable objects from falling off the deck. Pickets must be placed in the deck railing at a specific distance to comply with building codes and to maintain a safe deck. When constructing a railing there is an upper rail support and a lower rail support. The upper rail support comprises two upper support beams and a horizontal cap. The lower rail support comprises two lower support members. The pickets are horizontally spaced between the two upper support beams and the two lower support beams.
During construction of the railing, the pickets are positioned perpendicular to one of the upper support beams and one of the lower support beams and then are nailed to each beam. To horizontally space the next picket, the tool is positioned so the rearward surface of the flange is in contact with a fixed picket and the base edge is in contact with one of the beams. The worker then creates two marks on the beam so the location of these marks correspond to the location of the two indicators on the base edge. These two marks are used to position the next picket.
An alternative method of marking the next picket is to hang the tool by the forward surface of the flange so the tool's base edge is in contact with the previously positioned picket. Then the worker can make a mark on the upper beam at the third indicator position and another mark along the upper edge. Then a new picket can be positioned in-between these two marks.
The leveling device can be used to ensure the pickets are vertical or the railing is horizontal. Also, the width of the frame member can be used to separate the deck planks.
BACKGROUND ART
The usual method of positioning pickets has been to use a tape measure determine the horizontal spacing between the pickets. A search of the prior art Patent literature has disclosed a number of patents directed toward the positioning of various members in wood structures or the like, and these are the following:
In U.S. Pat. No. 4,237,614 is an adjustable locator for furring strips. The present invention has no such similar construction and has a different functionality. The adjustable locator has a flange with an inturned portion and a channel shaped member to engage furring strips. This embodiment is not designed to create indicating marks on a horizontal beam but rather its design is for grasping actual firing strips. Further the invention in the '614 patent requires calibration and an assembly of several pieces.
In U.S. Pat. No. 3,201,874 is a self-spacing stud guide that has two jaws to engage studs. This invention is also designed to hold studs and not simply mark the locations where they are to be located. The embodiment in the '874 requires two instruments to function; each holding two studs in position.
In U.S. Pat. No. 4,958,814 is an interval locator similar to the '873 patent. This invention also operates on a somewhat different principal where the interval locator holds the building components in place and then they are fixed in place. Further this device lacks functional elements of the present invention.
In U.S. Pat. No. 5,031,886 shows a framing aid that comprises a template where studs are positioned in a template and nailed to top and bottom plates. The template is single piece member that that is molded to hold studs and a top or bottom plate. This patent utilizes a completely different technique of assembling vertical members.
Finally the U.S. Pat. No. 5,490,334 show a tool that is used to position a stud to a footer or header. The tool utilizes a cradle that snugly fits a loose stud. The tool then positions the stud a set distance from a fixed stud and the loose stud is then nailed to the header or footer. This invention is used to install a loose stud to a fixed stud and is not designed to make measurement marks on the header or footer.
REFERENCES:
patent: 4280282 (1981-07-01), Wright
patent: 4285139 (1981-08-01), Huston
patent: 4506481 (1985-03-01), Witschi et al.
patent: 4573276 (1986-03-01), Torczon
patent: 4773163 (1988-09-01), Wolford, Jr.
patent: 4776250 (1988-10-01), Julius
patent: 5170568 (1992-12-01), Wright
patent: 5491905 (1996-02-01), Jablonski et al.
patent: 5546670 (1996-08-01), Chiang
patent: 5813126 (1998-09-01), Dahl
patent: 6018880 (2000-02-01), Wiggins
patent: 6088977 (2000-07-01), Lawrence
Hughes Robert B.
Hughes Law Firm PLLC
Thissell Jennifer I.
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