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 .
Claim Objections
2. Applicant is advised that should claim 9 be found allowable, claims 1-8 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).
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.
3. Claims 4 and 6-9 are 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.
The term “proximate” in claims 4, 6, and 9 is a relative term which renders the claim indefinite. The term “proximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As such, it is impossible to ascertain the acceptable amount of deviation from the location described in the claim limitations. For the purpose of examination, Examiner will interpret "approximate" to mean "at".
Claims 7-8 are dependent on claim 6, and therefore inherit the same deficiencies described above.
Claim Rejections - 35 USC § 103
4. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Skinner (US 5809662 A) in view of Hull (US 5390426 A), Smith (US 20110138644 A1), Dobbs (US 2354853 A), and McCarthy (US 20120036727 A1).
In regard to claim 1, Smith teaches a measuring and marking assembly [tape measure assembly 10] for simultaneously measuring distance of a work piece and marking a line on the work piece [described in col. 2 lines 1-3], said assembly comprising: a tape measure [tape measure 14] having a housing [housing 20] and a measuring tape [blade 22] which is drawable outwardly from said housing [shown in Fig. 1], said measuring tape having indicia [marks 26] applied thereon comprising a graduated scale [shown in Fig. 1] wherein said measuring tape is configured to measure distance on a work piece [use of a tape measure, described in col. 2 lines 1-3]; a clip being attached to said housing of said tape measure [shown in Fig. 1]; a bracket [tape measure accessory 12] being removably engaged to said tape measure [Fig. 1 shows an embodiment where the tape measure 14 can slide out of the accessory 12]; retaining the bracket with a clip [col. 1 lines 42-67 describe the attachment method of the accessory to the housing, in one embodiment the attachment method can use clips - such as the clip on the housing]; a clamp [pen clip 70] being attached to said bracket [shown in Fig. 3]; and a a marker [pen or pencil, col. 3 line 42] being insertable into said clamp [shown in Fig. 1, described in col. 3 lines 39-44] thereby facilitating said marker to be vertically oriented [col. 3 lines 40-44 describe the pen as parallel to a spooling axis, shown as vertical in Fig. 1] on said tape measure wherein said marker is configured to mark a line on the work piece when said tape measure is employed to measure the work piece [described in col. 2 lines 1-3].
Smith does not teach wherein said bracket being slidable between said clip and said housing such that said clip compresses against said bracket to retain said bracket on said tape measure.
However, Hull teaches said bracket being slidable between said clip and said housing such that said clip compresses against said bracket to retain said bracket on said tape measure [Fig. 1 shows the clip 10 sliding between the housing of the tape measure 20 and the clip of the tape measure].
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 Hull’s use of a retaining a bracket with a clip of a tape measure with Skinner’s use of retaining a bracket with clips in order to better retain a position of said bracket with a variety of tape measures of standard size, as described by Hull [Abstract].
Skinner in view of Hull does not teach wherein said clamp forms a closed loop, said clamp having a screw being either tightenable or loosenable, or said closed loop being defined by said clamp being reduced in diameter when said screw is tightened.
However, Smith teaches a clamp that forms a closed loop [Fig. 11 shows the loop closed in one embodiment], said clamp having a screw being either tightenable or loosenable {threaded fastener 56 - described as a thumb screw in para. [0084], movement described in para. [0087] describes moving fastener to change clamp jaw positions}, said closed loop defined by said clamp being reduced in diameter when said screw is tightened [shown in Fig. 11], and said closed loop defined by said clamp being increased in diameter when said screw is loosened [shown in Fig. 11].
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 Smith’s closed loop as Skinner in view of Hull’s clamp in order to better accommodate a variety or writing implements as taught by Smith {para. [0089]}.
Skinner in view of Hull and Smith does not teach a light holder being pivotally attached to said bracket, said light holder having a collar element forming a closed loop; or a flashlight being insertable through said collar element of said light holder thereby facilitating said flashlight to be pivotally retained on said bracket wherein said flashlight is configured to emit light onto the work piece when said flashlight is turned on.
However, Dobbs teaches a light holder being [light holder] pivotally attached to said bracket [pivoting on pins 23 - shown in Fig. 5], said light holder having a collar element [sleeve 22] forming a closed loop [well known to use closed loops as an alternative to split collars as both can accommodate tools of different diameters]; and a flashlight being insertable through said collar element of said light holder thereby facilitating said flashlight to be pivotally retained on said bracket wherein said flashlight is configured to emit light onto the work piece when said flashlight is turned on [shown in Fig. 1].
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 Skinner in view of Hull and Smith’s bracket with Dobb’s light holder in order to better read a tape measure at night or in another environment with dim lighting using a user's flashlight as described by Dobbs [col. 1 lines 1-32].
Skinner in view of Hull, Smith, and Dobbs does not teach a pencil sharpener being attached to said bracket thereby facilitating said pencil sharpener to sharpen a pencil when said pencil is employed as said marker.
However, McCarthy teaches a pencil sharpener being attached to said bracket thereby facilitating said pencil sharpener to sharpen a pencil when said pencil is employed as said marker {para. [0040] describes the use of a pencil sharpener 20 on a tape measure 4 housing [shown in Fig. 4]}.
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 Skinner in view of Hull, Smith, and Dobbs’ bracket with McCarthy’s pencil sharpener in order to better conveniently sharpen a pencil in a workplace as described by McCarthy {para. [0019]}.
5. Claims 2-9 are rejected under 35 U.S.C. 103 as being unpatentable over Skinner in view of Hull, Smith, Dobbs, and McCarthy as applied to claim 1 above, and further in view of Aciego (US 2807886 A).
In regard to claim 2, Skinner in view of Hull, Smith, Dobbs, and McCarthy teach the assembly according to claim 1.
Skinner further teaches a bracket that has a primary wall [plate 42] and a plurality of outer walls [shown in Fig. 1 - side walls] each extending forwardly from and being perpendicularly oriented with said primary wall [shown in Fig. 1], each of said outer walls being aligned with a perimeter edge of said primary wall [shown in Fig. 1], said perimeter edge having a top side, a bottom side, a first lateral side and a second lateral side [shown in embodiments in Fig. 3 and Fig. 5], said perimeter edge including a first angled side angling upwardly between said bottom side and said first lateral side [Fig. 5 shows angled ridge portion 84], said perimeter edge including a second angled side angling upwardly between said bottom side and said second lateral side [Fig. 5 shows angled ridge portion 86]; and said plurality of outer walls includes a bottom outer wall [shown in Fig. 3], a first lateral outer wall and a second lateral outer wall [outer walls shown on either side in Fig. 3.
Skinner does not teach wherein said first lateral outer wall is aligned with and extends along a full length of said first lateral side; and said second lateral outer wall is aligned with and extends along a full length of said second lateral side.
However, Hull teaches a first lateral outer wall is aligned with and extends along a full length of said first lateral side; and a second lateral outer wall is aligned with and extends along a full length of said second lateral side [vertical walls 13 run the length of the base 12, shown in Fig. 1].
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 Hull’s use of outer walls extending a full length of a first and second side with Skinner’s bracket in order to better enclose tape measure and engage with a clip, as taught by Hull [Fig. 5].
Skinner in view of Hull does not teach a bottom outer wall that is aligned with and extends along a full length of said bottom side.
However, Aciego teaches a bracket for a tape measure with a marking instrument, as well as a bottom outer wall that is aligned with and extends along a full length of said bottom side [flange 15 runs the length of the base portion 14].
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 Aciego’s flange with Skinner in further view of Hull’s bracket in order to better limit the movement of a tape measure in the direction of a flange as described by Aciego [col. 2 lines 6-22].
In regard to claim 3, Skinner in view of Hull, Smith, Dobbs, McCarthy, and Aciego teach the assembly according to claim 2.
Skinner further teaches wherein said housing has a back wall and a perimeter wall [shown in Fig. 1]; said clip has a panel being biased to compress against said back wall of said housing [shown in Fig. 1], said panel having a bottom end and a bend located adjacent to said bottom end such that said bottom end is directed away from said back wall of said housing [shown in Fig. 1]; said bottom outer wall of said bracket abuts a lower side of said perimeter wall of said housing associated with said tape measure [shown in Fig. 1 and Fig. 3]; said first lateral outer wall of said bracket abuts a first sidelong side of said perimeter wall of said housing associated with said tape measure [shown in Fig. 1]; and said second lateral outer wall of said bracket abuts a second sidelong side of said perimeter wall of said housing associated with said tape measure [shown in Fig. 1].
Skinner does not teach wherein said primary wall of said bracket is being positioned between said panel associated with said clip and said back wall of said housing associated with said tape measure for retaining said bracket on said housing.
However, Hull teaches wherein said primary wall of said bracket is being positioned between said panel associated with said clip and said back wall of said housing associated with said tape measure for retaining said bracket on said housing [Fig. 5 shows a wall being retained by a clip].
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 Hull’s method of retaining a wall of a bracket with a clip of a tape measure with Skinner’s tape measure assembly in order to better hold a bracket – retaining two pieces using a clamping force of a clip is a known engineering practice – as taught by Hull [Fig. 5].
In regard to claim 4, Skinner in view of Hull, Smith, Dobbs, McCarthy, and Aciego teach the assembly according to claim 2.
Skinner further teaches wherein said clamp is positioned on said primary wall of said bracket at point located proximate an intersection between said first lateral outer wall of said bracket and said top side of said perimeter edge of said bracket [shown in Fig. 1 and 3], said clamp being oriented such that said closed loop defined by said clamp encircles an axis extending between said top side and said bottom side of said perimeter edge of said bracket [shown in Fig. 1].
In regard to claim 5, Skinner in view of Hull, Smith, Dobbs, McCarthy, and Aciego teach the assembly according to claim 3.
Skinner further teaches wherein said clamp being tightened around said marker when said screw is tightened for retaining said marker at a selected position on said bracket [shown in Fig. 11 and 19], said clamp being loosened around said marker when said screw is loosened to facilitate said marker to be removed from said clamp {described in para. [0019]}.
Skinner does not teach herein said marker is positionable in said clamp such that a marking tip of said marker is aligned with said lower side of said perimeter wall of said housing associated with said tape measure wherein said marking tip is configured to mark the work piece.
However, Smith teaches wherein said marker is positionable in said clamp such that a marking tip of said marker is aligned with said lower side of said perimeter wall of said housing associated with said tape measure wherein said marking tip is configured to mark the work piece [shown in Fig. 1, described in Abstract].
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 Smith’s positionable marker clamp with Skinner’s bracket in order to better make a mark on a work piece, as described by Smith [Abstract].
In regard to claim 6, Skinner in view of Hull, Smith, Dobbs, McCarthy, and Aciego teach the assembly according to claim 2.
Skinner does not teach wherein said light holder has a first end, a second end and an outer surface extending between said first end and said second end, said outer surface having a back side and a front side, said light holder having a bend being positioned closer to said second end than said first end to define a first portion of said light holder being perpendicularly oriented with a second portion of said light holder, said first end being associated with said first portion, said second end being associated with said second portion, said second end being rounded, said first portion of said lightholder being pivotally attached to said first lateral outer wall of said bracket at a pivot point being positioned proximate said first end.
However, Dobbs teaches wherein said light holder has a first end [end with ears 13] , a second end [Fig. 4 - end with deflected end 20] and an outer surface extending between said first end and said second end member 11], said outer surface having a back side and a front side [shown in Figs. 2-7], said light holder having a bend [deflected end 20] being positioned closer to said second end than said first end [shown in Fig. 1-7] to define a first portion [grouping of member 11, ears 13, and deflected end 10 shown in Fig. 4] of said light holder being perpendicularly oriented with a second portion [grouping of sleeve 22, pins 23] of said light holder [Fig. 6 shows the first grouping perpendicular to the second grouping], said first end being associated with said first portion [Fig. 1 shows portions connected], said second end being associated with said second portion [Fig. 1 shows portions connected], said second end being rounded [ears 13 are rounded], said first portion of said lightholder being pivotally attached to said first lateral outer wall of said bracket at a pivot point being positioned proximate said first end [Figs. 1 and 5 shows the pivotal nature of the attachment about the ears 13 using pins 18].
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 Dobb’s structure of a light holder with Skinner’s tape measure assembly in order to better position a light on a desired portion of measuring tape to read as taught by Dobbs [Fig. 1].
In regard to claim 7, Skinner in view of Hull, Smith, Dobbs, McCarthy, and Aciego teach the assembly according to claim 6.
Skinner does not teach wherein said light holder has a hole extending through said front side and said back side of said outer surface such that said hole defines said collar element, said hole being positioned on said second portion of said light holder.
However, Dobbs teaches wherein said light holder has a hole extending through said front side and said back side of said outer surface such that said hole defines said collar element, said hole being positioned on said second portion of said light holder [sleeve 22 has a cylindrical space defining a hole].
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 Dobb’s collar element with a hole for holding a flashlight with Skinner’s tape measure assembly in order to better read a tape measure at night or in another environment with dim lighting using a user's flashlight as described by Dobbs [col. 1 lines 1-32].
In regard to claim 8, Skinner in view of Hull, Smith, Dobbs, McCarthy, and Aciego teach the assembly according to claim 7.
Skinner does not teach wherein said flashlight is insertable through said hole in said second portion of said light holder such that an emitting end of said flashlight is positioned adjacent to said first end of said light holder.
However, Dobbs teaches wherein said flashlight is insertable through said hole in said second portion of said light holder such that an emitting end of said flashlight is positioned adjacent to said first end of said light holder [shown in Fig. 1].
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 Dobb’s method of inserting a flashlight into a sleeve for holding a flashlight so as to position a flashlight on an end of a light holder with Skinner’s tape measure assembly in order to better position a light on a desired portion of measuring tape as taught by Dobbs [Fig. 1].
In regard to claim 9, Skinner teaches a measuring and marking assembly [tape measure assembly 10] for simultaneously measuring distance of a work piece and marking a line on the work piece [described in col. 2 lines 1-3], said assembly comprising: a tape measure [tape measure 14] having a housing [housing 20] and a measuring tape [blade 22] which is drawable outwardly from said housing [shown in Fig. 1], said measuring tape having indicia [marks 26] applied thereon comprising a graduated scale [shown in Fig. 1] wherein said measuring tape is configured to measure distance on a work piece [use of a tape measure, described in col. 2 lines 1-3]; a clip being attached to said housing of said tape measure [shown in Fig. 1]; said clip has a panel being biased to compress against said back wall of said housing [shown in Fig. 1], said panel having a bottom end and a bend located adjacent to said bottom end such that said bottom end is directed away from said back wall of said housing [shown in Fig. 1]; a bracket [tape measure accessory 12] being removably engaged to said tape measure [Fig. 1 shows an embodiment where the tape measure 14 can slide out of the accessory 12], said bracket has a primary wall [plate 42] and a plurality of outer walls [shown in Fig. 1 - side walls] each extending forwardly from and being perpendicularly oriented with said primary wall [shown in Fig. 1], each of said outer walls being aligned with a perimeter edge of said primary wall [shown in Fig. 1], said perimeter edge having a top side, a bottom side, a first lateral side and a second lateral side [shown in embodiments in Fig. 3 and Fig. 5], said perimeter edge including a first angled side angling upwardly between said bottom side and said first lateral side [Fig. 5 shows angled ridge portion 84], said perimeter edge including a second angled side angling upwardly between said bottom side and said second lateral side [Fig. 5 shows angled ridge portion 86]; said plurality of outer walls includes a bottom outer wall [shown in Fig. 3], a first lateral outer wall and a second lateral outer wall [outer walls shown on either side in Fig. 3]; said plurality of outer walls includes a bottom outer wall [shown in Fig. 3], a first lateral outer wall and a second lateral outer wall [outer walls shown on either side in Fig. 3]; said bottom outer wall abutting a lower side of said perimeter wall of said housing associated with said tape measure [shown in Fig. 1], said first lateral outer wall abutting a first sidelong side of said perimeter wall of said housing associated with said tape measure [shown in Fig. 1], said second lateral outer wall abutting a second sidelong side of said perimeter wall of said housing associated with said tape measure [shown in Fig. 1], wherein said clamp is positioned on said primary wall of said bracket at point located proximate an intersection between said first lateral outer wall of said bracket and said top side of said perimeter edge of said bracket [shown in Fig. 1 and 3], said clamp being oriented such that said closed loop defined by said clamp encircles an axis extending between said top side and said bottom side of said perimeter edge of said bracket [shown in Fig. 1], and a marker [pen or pencil, col. 3 line 42] being insertable into said clamp [shown in Fig. 1, described in col. 3 lines 39-44] thereby facilitating said marker to be vertically oriented [col. 3 lines 40-44 describe the pen as parallel to a spooling axis, shown as vertical in Fig. 1] on said tape measure wherein said marker is configured to mark a line on the work piece when said tape measure is employed to measure the work piece [described in col. 2 lines 1-3].
Skinner does not teach wherein said bracket being slidable between said clip and said housing such that said clip compresses against said bracket to retain said bracket on said tape measure, said second lateral outer wall being aligned with and extending along a full length of said second lateral side, or said primary wall being positioned between said panel associated with said clip and said back wall of said housing associated with said tape measure for retaining said bracket on said housing.
However, Hull teaches said bracket being slidable between said clip and said housing such that said clip compresses against said bracket to retain said bracket on said tape measure [Fig. 1 shows the clip 10 sliding between the housing of the tape measure 20 and the clip of the tape measure], said second lateral outer wall being aligned with and extending along a full length of said second lateral side [vertical walls 13 run the length of the base 12, shown in Fig. 1], and said primary wall being positioned between said panel associated with said clip and said back wall of said housing associated with said tape measure for retaining said bracket on said housing [Fig. 5 shows a wall being retained by a clip].
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 Hull’s bracket being slideable between a clip with said bracket being compressed between a panel of said clip and a back wall of said housing of a tape measure with Skinner’s tape measure assembly in order to better retain a bracket’s position with a variety of tape measures of standard size, as described by Hull [Abstract] as well as to better hold a bracket – retaining two pieces using a clamping force of a clip is a known engineering practice – as taught by Hull [Fig. 5]; as well as to combine Hull’s use of a second lateral outer wall being aligned with and extending a full length of a lateral side with Skinner’s bracket in order to better enclose tape measure and engage with a clip, as taught by Hull [Fig. 5].
Skinner in view of Hull do not teach a clamp being attached to said bracket such that said clamp forms a closed loop, said clamp having a screw being either tightenable or loosenable, said closed loop defined by said clamp being reduced in diameter when said screw is tightened, said closed loop defined by said clamp being increased in diameter when said screw is loosened, or said marker being positionable in said clamp such that a marking tip of said marker is aligned with said lower side of said perimeter wall of said housing associated with said tape measure wherein said marking tip is configured to mark the work piece.
However, Smith teaches a clamp being attached to said bracket such that said clamp forms a closed loop [Fig. 11 shows the loop closed in one embodiment], said clamp having a screw being either tightenable or loosenable {threaded fastener 56 - described as a thumb screw in para. [0084], movement described in para. [0087] describes moving fastener to change clamp jaw positions}, said closed loop defined by said clamp being reduced in diameter when said screw is tightened [shown in Fig. 11], said closed loop defined by said clamp being increased in diameter when said screw is loosened [shown in Fig. 11], and said marker being positionable in said clamp such that a marking tip of said marker is aligned with said lower side of said perimeter wall of said housing associated with said tape measure wherein said marking tip is configured to mark the work piece [shown in Fig. 1, described in Abstract].
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 Skinner in view of Hull’s tape measure assembly with Smith’s closed loop marker clamp with a screw, allowing for changing the diameter of said clamp when said screw is tightened in order to better accommodate a variety or writing implements as taught by Smith {para. [0089]}; as well as to have combined Skinner in view of Hull’s tape measure assembly with Smith’s marker being positionable in a clamp so said marker is aligned with a lower side of a perimeter wall of a housing of a tape measure in order to make a mark on a workpiece in order to better make a mark on a work piece, as described by Smith [Abstract].
Skinner in view of Hull and Smith do not teach a light holder being pivotally attached to said bracket, said light holder having a collar element forming a closed loop, said light holder having a first end, a second end and an outer surface extending between said first end and said second end, said outer surface having a back side and a front side, said light holder having a bend being positioned closer to said second end than said first end to define a first portion of said light holder being perpendicularly oriented with a second portion of said light holder, said first end being associated with said first portion, said second end being associated with said second portion, said second end being rounded, said first portion of said light holder being pivotally attached to said first lateral outer wall of said bracket at a pivot point being positioned proximate said first end, said light holder having a hole extending through said front side and said back side of said outer surface such that said hole defines said collar element, said hole being positioned on said second portion of said light holder; a flashlight being insertable through said collar element of said light holder thereby facilitating said flashlight to be pivotally retained on said bracket wherein said flashlight is configured to emit light onto the work piece when said flashlight is turned on, said flashlight being insertable through said hole in said second portion of said light holder such that an emitting end of said flashlight is positioned adjacent to said first end of said light holder.
However, Dobbs teaches a light holder has a first end [end with ears 13] , a second end [Fig. 4 - end with deflected end 20] and an outer surface extending between said first end and said second end member 11], said outer surface having a back side and a front side [shown in Figs. 2-7], said light holder having a bend [deflected end 20] being positioned closer to said second end than said first end [shown in Fig. 1-7] to define a first portion [grouping of member 11, ears 13, and deflected end 10 shown in Fig. 4] of said light holder being perpendicularly oriented with a second portion [grouping of sleeve 22, pins 23] of said light holder [Fig. 6 shows the first grouping perpendicular to the second grouping], said first end being associated with said first portion [Fig. 1 shows portions connected], said second end being associated with said second portion [Fig. 1 shows portions connected], said second end being rounded [ears 13 are rounded], said first portion of said lightholder being pivotally attached to said first lateral outer wall of said bracket at a pivot point being positioned proximate said first end [Figs. 1 and 5 shows the pivotal nature of the attachment about the ears 13 using pins 18], wherein said light holder has a hole extending through said front side and said back side of said outer surface such that said hole defines said collar element, said hole being positioned on said second portion of said light holder [sleeve 22 has a cylindrical space defining a hole], and a flashlight being insertable through said collar element of said light holder thereby facilitating said flashlight to be pivotally retained on said bracket [shown in Fig. 1] wherein said flashlight is configured to emit light onto the work piece when said flashlight is turned on [shown in Fig. 1], and said flashlight being insertable through said hole in said second portion of said light holder such that an emitting end of said flashlight is positioned adjacent to said first end of said light holder [shown in Fig. 1].
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 Dobb’s light holder, use of an external flashlight, and structure therein to position an on flashlight to emit light onto a workpiece with Skinner in view of Hull and Smith’s bracket in order to better read a tape measure at night or in another environment with dim lighting using a user's flashlight as described by Dobbs [col. 1 lines 1-32].
Skinner in view of Hull, Smith, and Dobbs do not teach a pencil sharpener being attached to said bracket thereby facilitating said pencil sharpener to sharpen a pencil when said pencil is employed as said marker, said pencil sharpener having an insertion tunnel for insertably receiving said pencil and a blade having a cutting edge being aligned with said insertion tunnel thereby facilitating said cutting edge to trim said pencil into a point when said pencil is rotated in said insertion tunnel.
However, McCarthy teaches a pencil sharpener being attached to said bracket thereby facilitating said pencil sharpener to sharpen a pencil when said pencil is employed as said marker {para. [0040] describes the use of a pencil sharpener 20 on a tape measure 4 housing [shown in Fig. 4]}, said pencil sharpener having an insertion tunnel for insertably receiving said pencil [shown in Fig. 1] and a blade having a cutting edge being aligned with said insertion tunnel thereby facilitating said cutting edge to trim said pencil into a point when said pencil is rotated in said insertion tunnel [pencil sharpeners using a cutting blade that sharpens a pencil while turning the pencil in an insertion tunnel are well known].
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 Skinner in view of Hull, Smith, and Dobbs’ bracket with McCarthy’s pencil sharpener in order to better conveniently sharpen a pencil in a workplace as described by McCarthy {para. [0019]}.
Skinner in view of Hull, Smith, Dobbs, and McCarthy do not teach wherein a said bottom outer wall aligns with and extends along a full length of said bottom side.
However, Aciego teaches a bracket for a tape measure with a marking instrument, as well as a bottom outer wall that is aligned with and extends along a full length of said bottom side [flange 15 runs the length of the base portion 14].
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 Aciego’s flange with Skinner in further view of Hull’s bracket in order to better limit the movement of a tape measure in the direction of a flange as described by Aciego [col. 2 lines 6-22].
Conclusion
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 M-F 7:30-5:30 PST.
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/DANIEL M QUINN/ Examiner, Art Unit 2855
/JOHN FITZGERALD/ Primary Examiner, Art Unit 2855