DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) filed January 21, 2026, fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because Non-Patent Literature Documents Cite Nos. 1 and 4 (hereinafter "NPL Ref 1" and "NPL Ref 4", respectively) are unclear in their relevance.
NPL Ref 1 appears to be photographs of magnets that could correspond to the bracket referenced in Non-Patent Literature Documents Cite Nos. 12-13 (hereinafter "NPL Ref 12” and “NPL Ref 13”, respectively) – however, there is no way to be certain as to what the photographs are without relevant titling/identification, the cited weblink is non-functional, and there is no corresponding date. See 37 CFR 1.98(b)(5).
NPL Ref 4 is titled “Prior Art DEWALT 20V MAX 2P Battery Pack DCB205 weighing approximately 820 grams” – however, the weblink cited in the IDS pertains to a “https://www.dewalt.com” webpage, and the attached document appears to be a printout of a W. W. Grainger, Inc. webpage.
It has been placed in the application file, but the information referred to above has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a). All other documents within the IDS have been considered.
Response to Arguments
3. Applicant’s arguments, see "Remarks", page 7, filed January 12, 2026, with respect to the objections to the drawings and specification, as well as the claim rejections of claims 5-9 under 35 USC §112(b), have been fully considered and are persuasive. The objections to the specification and drawings and the rejections under 35 USC §112(b) of September 11, 2025 have been withdrawn.
4. Applicant’s arguments with respect to the rejections of claims 1-9 and 11-20 under 35 USC §103 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. A new ground of rejection is given below.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
5. Claim 21 is objected to as it is improperly dependent upon itself. This appears to be a typo, and that Applicant intended claim 21 to be dependent upon claim 20. For the purposes of examination, Examiner will interpret claim 21 to be dependent upon claim 20. Appropriate action is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
6. Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oguchi [WO2018/147433A1; Oguchi, K. et al. - hereinafter "Oguchi"].
In regard to claims 15-16, Oguchi discloses:
[claim 15] a laser level assembly [laser level system 10], comprising a bracket [mounting part 10/102] [upper arm 12/104/124 and lower arm 13/105/125] configured to mount the laser level assembly to an object [installation object surface 2, shown at least in Fig. 1]; a laser level [electric device 5 described as a laser marking device in page 8 para. 3)] supported on the bracket [shown at least in Fig. 1]; a battery pack [battery pack 7] removably engaged with the bracket [described at least in page 17 para. 6] at a battery pack receptacle [battery attachment/mounting portion 17]; wherein the battery pack receptacle comprises an electrical connector [terminal block 20 comprising positive and negative electrode connection terminals 21 and 22]; wherein the battery pack receptacle comprises a plurality of rails [mounting portion 17 comprising first and second halves 17a and 17b]; wherein the laser level is rotatable relative to the electrical connector [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1]; wherein the laser level is rotatable relative to the plurality of rails [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1]; wherein the laser level is hard wired to the battery pack receptacle [power supply cord 56 provides the electric device 5 with power, shown in Fig. 1 and described at least in page 11 para. 6];
[claim 16] and wherein the mounting portion comprises a plurality of magnets [adsorbing members 15 and 16, shown in Fig. 7, described as having magnets in page 9 para. 6].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
7. Claims 1-9, 11, 13-14, 17, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Oguchi in view of Ranieri (US20140352161A1; Ranieri E. et al. – cited in prior PTO-892; hereinafter “Ranieri”).
In regard to claim 1, Oguchi teaches a laser level assembly [electric equipment unit 1/100/120], comprising: a bracket [mounting part 10/102] comprising a mounting portion [upper arm 12/104/124 and lower arm 13/105/125] configured to mount the laser level assembly to an object [installation object surface 2, shown at least in Fig. 1]; a laser level [electric device 5 described as a laser marking device in page 8 para. 3)] supported on the bracket [shown at least in Fig. 1]; wherein the laser level is configured to project a first line [horizontal reference line page 8 para. 8]; wherein the laser level is configured to project a second line [vertical reference line page 8 para. 8] perpendicular to the first line [perpendicular reference lines, page 8 para. 8]; wherein the bracket [battery support portion 11, seen at least in Figs. 4-7] further comprises a battery pack receptacle [battery attachment/mounting portion 17] configured to removably receive a battery pack configured to power the laser level [described at least in page 17 para. 6]; wherein the laser level assembly is configured such that when the laser level assembly is attached to a vertical wall via the mounting portion [shown in Fig. 1], the first line is a horizontal line and the second line is a vertical line [page 8 para. 8]; wherein the battery pack receptacle comprises an electrical connector [terminal block 20 comprising positive and negative electrode connection terminals 21 and 22]; wherein the laser level is rotatable relative to the electrical connector [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1]; and wherein the laser level is hard wired to the battery pack receptacle [power supply cord 56 provides the electric device 5 with power, shown in Fig. 1 and described in page 11 para. 6].
Oguchi is not explicit that the horizontal line intersects the vertical line.
However, Ranieri also teaches a laser level assembly [laser level system 10], comprising a bracket [mounting bracket 14 and housing 20] comprising a mounting portion [clamp 110] configured to mount the laser level assembly to an object {described in para. [0067]}; a laser level [laser projection device 24] supported on the bracket; wherein the laser level is configured to project a first line [illuminated line 54]; wherein the laser level is configured to project a second line [illuminated line 56] perpendicular to the first line [shown in Fig. 2]; wherein the laser level assembly is configured such that when the laser level assembly is attached to a vertical wall via the mounting portion {described in para. [0067]}, the first line is a horizontal line and the second line is a vertical line - shown in Fig. 2 and described in para. [0036] - if vertically mounted as shown in Fig. 2, line 54 would be horizontal, line 56 would be vertical, and the lines would be projected orthogonally on a wall}; as well as that the first line crosses the second line {para. [0036] describes the intersection of orthogonal lines 54 and 56}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ranieri’s laser level with intersecting lines as Oguchi’s laser level in order to better mark an orthogonal intersection, as taught by Ranieri {para. [0036]}.
In regard to claims 2-9, 11, and 13, Oguchi further teaches:
[claim 2] that the bracket further comprises a user interface [power switch 66, mode switch 67, remaining amount display unit 68, control unit 86, etc.; described at least in page 14 paras. 6-9]; wherein the user interface comprises user controls configured to operate at least one of the mount or the laser level [page 14 para. 8 describes the control unit 86 controlling the electric device];
[claim 3] that the user interface comprises a display [remaining amount display unit 68] configured to display information to a user [displays the amount of remaining power, page 14 para. 9];
[claim 4] that the battery pack receptacle [terminal block 20] comprises a rail [mounting portion 17 comprising first and second halves 17a and 17b] configured to guide the battery pack [battery pack 7, described at least in page 10 para. 7];
[claim 5] that the battery pack receptacle comprises a plurality of rails configured to guide the battery pack [mounting portion 17 comprising first and second halves 17a and 17b];
[claim 6] that the battery pack receptacle comprises an electrical connector configured to engage the battery pack [terminal block 20 comprising positive and negative electrode connection terminals 21 and 22];
[claim 7] that the electrical connector is closer to the mounting portion than the laser level is to the mounting portion [Figs. 1 and 5 show that the electrical connector is integrated in the battery support portion 11, therefore it is closer];
[claim 8] that the laser level is rotatable relative to the mount about a vertical axis [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1]; wherein the mounting portion is configured to be mounted to a plane parallel to the vertical axis [shown at least in Fig. 1]
[claim 9] that the electrical connector is closer to the mounting portion than the vertical axis is to the mounting portion [Figs. 1 and 5 show that the electrical connector is integrated in the battery support portion 11, therefore it is closer];
[claim 11] that the battery pack receptacle comprises a plurality of rails [positive and negative electrode connection terminals 21 and 22]; and
wherein the laser level is rotatable relative to the plurality of rails [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1];
[claim 13] and that the laser level comprises a first laser generator configured to project the first line [horizontal reference line emitted by horizontal emitting unit 62, page 8 para. 8]; and wherein the laser level comprises a second laser generator configured to project the second line [vertical reference line emitted by vertical reference unit 61, page 8 para. 8].
In regard to claim 14, Oguchi is not explicit that the first and second laser emitters are laser diodes.
However, using laser diodes as laser emitters is a well-known engineering practice, as taught by Ranieri {paras. [0033]-[0034] describes the laser generators 30 being laser diodes}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Ranieri’s laser diodes as Oguchi’s laser emitters in order to better produce a laser of visible light with a predetermined wavelength, as taught by Ranieri {para. [0034]}, or in order to better utilize commonplace parts, a well-known engineering practice.
In regard to claim 17, Oguchi teaches that the laser level is configured to project a first line [horizontal reference line page 8 para. 8] and a second line [vertical reference line page 8 para. 8] and that the first line is perpendicular to the second line [perpendicular reference lines, page 8 para. 8].
Oguchi is not explicit that the horizontal line intersects the vertical line.
However, Ranieri also teaches a laser level assembly [laser level system 10], comprising a bracket [mounting bracket 14 and housing 20] comprising a mounting portion [clamp 110] configured to mount the laser level assembly to an object {described in para. [0067]}; a laser level [laser projection device 24] supported on the bracket; wherein the laser level is configured to project a first line [illuminated line 54]; wherein the laser level is configured to project a second line [illuminated line 56] perpendicular to the first line [shown in Fig. 2]; wherein the laser level assembly is configured such that when the laser level assembly is attached to a vertical wall via the mounting portion {described in para. [0067]}, the first line is a horizontal line and the second line is a vertical line - shown in Fig. 2 and described in para. [0036] - if vertically mounted as shown in Fig. 2, line 54 would be horizontal, line 56 would be vertical, and the lines would be projected orthogonally on a wall}; as well as that the first line crosses the second line {para. [0036] describes the intersection of orthogonal lines 54 and 56}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ranieri’s laser level with intersecting lines as Oguchi’s laser level in order to better mark an orthogonal intersection, as taught by Ranieri {para. [0036]}.
In regard to claim 19, Oguchi teaches a laser level assembly [laser level system 10], comprising
a bracket [mounting part 10/102] [upper arm 12/104/124 and lower arm 13/105/125] configured to mount the laser level assembly to an object [installation object surface 2, shown at least in Fig. 1]; a laser level [electric device 5 described as a laser marking device in page 8 para. 3)] supported on the bracket [shown at least in Fig. 1]; a battery pack [battery pack 7] removably engaged with the bracket [described at least in page 17 para. 6] at a battery pack receptacle [battery attachment/mounting portion 17] and configured to power the laser level [described at least in page 17 para. 6]; wherein the battery pack receptacle comprises an electrical connector [terminal block 20 comprising positive and negative electrode connection terminals 21 and 22]; wherein the battery pack receptacle comprises a plurality of rails [mounting portion 17 comprising first and second halves 17a and 17b]; wherein the laser level is rotatable relative to the electrical connector [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1]; wherein the battery pack has a capacity of at least 3 amp-hours [page 10 para. 11 describes an embodiment where the battery has a capacity of 4 amp-hours]; wherein the laser level is configured to project a first laser line [horizontal reference line page 8 para. 8]and a second laser line [vertical reference line page 8 para. 8], wherein the first laser line is transverse to the second laser line [perpendicular reference lines, page 8 para. 8]; wherein the mounting portion comprises at least one magnet [adsorbing members 15 and 16, shown in Fig. 7, described as having magnets in page 9 para. 6]; and wherein the laser level is hard wired to the battery pack receptacle [power supply cord 56 provides the electric device 5 with power, shown in Fig. 1 and described at least in page 11 para. 6].
Oguchi is not explicit that the horizontal line intersects the vertical line.
However, Ranieri also teaches a laser level assembly [laser level system 10], comprising a bracket [mounting bracket 14 and housing 20] comprising a mounting portion [clamp 110] configured to mount the laser level assembly to an object {described in para. [0067]}; a laser level [laser projection device 24] supported on the bracket; wherein the laser level is configured to project a first line [illuminated line 54]; wherein the laser level is configured to project a second line [illuminated line 56] perpendicular to the first line [shown in Fig. 2]; wherein the laser level assembly is configured such that when the laser level assembly is attached to a vertical wall via the mounting portion {described in para. [0067]}, the first line is a horizontal line and the second line is a vertical line - shown in Fig. 2 and described in para. [0036] - if vertically mounted as shown in Fig. 2, line 54 would be horizontal, line 56 would be vertical, and the lines would be projected orthogonally on a wall}; as well as that the first line crosses the second line {para. [0036] describes the intersection of orthogonal lines 54 and 56}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ranieri’s laser level with intersecting lines as Oguchi’s laser level in order to better mark an orthogonal intersection, as taught by Ranieri {para. [0036]}.
In regard to claims 20-21, Oguchi further teaches:
[claim 20] that the mounting portion defines a rear of the laser level assembly [shown in Fig. 1]; wherein the laser level is rotatable about a vertical axis [rotation of the electric device 5 occurs about the vertical axis of screw hole 63 shown in Fig. 1, described at least in page 12 para. 1]; wherein the electrical connector is more rearward than the vertical axis [shown in Fig. 1];
[claim 21] and that the bracket further comprises a user interface [power switch 66, mode switch 67, remaining amount display unit 68, control unit 86, etc.; described in page 14 paras. 6-9];
wherein the user interface comprises user controls configured to operate at least one of the mount or the laser level [page 14 para. 8 describes the control unit 86 controlling the electric device 5].
8. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Oguchi in view of Ranieri as applied to claims 1-9, 11, 13-14, 17, and 19-21 above, and further in view of Jiang (US20180106616A1; Jiang J. et al. - cited in prior PTO-892; hereinafter "Jiang").
In regard to claim 18, Oguchi in view of Ranieri does not teach that the laser level is configured to project a plurality of laser spots including an up laser spot and a down laser spot.
However, Jiang teaches wherein the laser level is configured to project a plurality of laser spots including an up laser spot and a down laser spot {para. [0075] describes laser module 51 producing upward projecting dot producing beam 76 and downward projecting dot producing beam 75}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined Jiang’s use of upward and downward projecting dot producing beams with Oguchi in view of Ranieri’s laser level assembly in order to better create dots on opposite surfaces such as a floor and ceiling, as taught by Jiang {para. [0075]}.
Allowable Subject Matter
9. Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the aforementioned referenced prior art, nor the relevant cited but not referenced prior art, teaches a mounting portion comprising at least six magnets with a cuboid shape.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached T-R 07:00-19:00, F 07:00-11:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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