DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings filed October 20, 2023 are accepted.
Abstract
The Abstract filed October 20, 2023 is accepted.
Specification
The supplemental specification filed October 20, 2023 has been entered.
Claim Rejections - 35 USC § 102
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.
Claims 1 – 2 and 4 - 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan et al. (CN 106461390 A).
With respect to claim 1, Yuan et al. discloses a laser apparatus, comprising a laser generating apparatus (1) having a housing (2); a laser generator (40a, 40b) disposed within the housing (2) and configured to generate a calibration laser (10, 12); and an auto-leveling element (pendulum body 28) disposed within the housing (2), the auto-leveling element being connected to the laser generator and configured to drive, under the action of the gravity of the laser generator, the laser generator to swing in multiple directions (orthogonal axes 24 and 26) such that an emission direction of the calibration laser of the laser generator is parallel to the horizontal plane, wherein the laser calibration apparatus has a semi-locked state (locking button 4), and when in the semi- locked state, in which swinging of the auto-leveling element in a front-and-rear direction is restricted (See specification below).
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Referring to claim 2, Yuan et al. sets forth a laser apparatus wherein the auto-leveling element comprises a universal joint connector (22), configured to drive, under the action of gravity, the laser generator to swing forward and backward with respect to a transverse axis of the universal joint connector (22), and a locking member (4), configured to restrict only forward and backward swinging of the universal joint connector (22).
In regards to claim 4, Yuan et al. teaches a laser apparatus wherein the universal joint connector comprises a universal joint base (22) connected to the housing; a cantilever assembly (30) connected to the laser generator, and a cross drive shaft (24) pivotally connected between the universal joint base (22) and the cantilever assembly (30); wherein the cross drive shaft (24) comprises including a first drive shaft (24) extending along the transverse axis of the universal joint connector (22) and a second drive shaft (26) extending along the longitudinal axis (X) of the universal joint connector (22).
Regarding claim 5, Yuan et al. shows a laser calibration wherein the first drive shaft (24) is pivotally connected to the universal joint base (22) and the second drive shaft (26) is pivotally connected to the cantilever assembly (30).
With regards to claim 6, Yuan et al. discloses a laser apparatus wherein the locking member (4) is configured to restrict only rotation of the first drive shaft (24; by restricting movement of the pendulum).
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Claims 1 – 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sergyeyenko et al. (US Pub. No. 2009/0193671 A1).
With respect to claim 1, Sergyeyenko et al. discloses a laser calibration apparatus comprising a laser generating apparatus (10) having a housing (100); a laser generator (210) disposed within the housing (100) and configured to generate a calibration laser (LB); and an auto-leveling element (pendulum body 205) disposed within the housing (100), the auto-leveling element being connected to the laser generator and configured to drive, under the action of the gravity of the laser generator, the laser generator to swing in multiple directions (orthogonal axes as defined by gimbal assembly 230) such that an emission direction of the calibration laser of the laser generator is parallel to the horizontal plane, wherein the laser calibration apparatus has a semi-locked state (lock 270), and when in the semi- locked state, in which swinging of the auto-leveling element in a front-and-rear direction is restricted (See paragraph [0034]).
Referring to claim 2, Sergyeyenko et al. sets forth a laser apparatus wherein the auto-leveling element comprises a universal joint connector (i.e. gimbal assembly 230), configured to drive, under the action of gravity, the laser generator to swing forward and backward with respect to a transverse axis of the universal joint connector (Paragraph [0023]), and a locking member (270), configured to restrict only forward and backward swinging of the universal joint connector.
In regards to claim 3, Sergyeyenko et al. teaches a laser apparatus wherein the locking member (270) comprises a clamp member (See Figures 5A and 5B); the clamp member is disposed within the housing (See Figure 2B), and the clamp member is disposed on the universal joint connector (gimbal assembly 230); and wherein when the locking pin (140) is locked by the clamp member (500), the locking member (270) restricts only forward and backward swinging of the universal joint connector (Paragraph [0034]).
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Allowable Subject Matter
Claims 7 – 11 are 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.
Claims 12 - 15 allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Claims 7 - 11 are allowable because the prior art fails to teach or suggest a laser calibration apparatus wherein the apparatus further comprises an adjustable platform, connected to the laser generating apparatus and the base, and configured to swing capable of swinging forward and backward with respect to a transverse axis of the base and swinging to swing left and right with respect to a vertical axis of the base in combination with the remaining limitations of the claims.
Claims 12 - 15 are allowable because the prior art fails to teach or suggest a laser calibration apparatus wherein the apparatus further comprises an off mode, wherein in which the laser generator stops generating the calibration laser and both the forward and backward swinging and the left and right swinging of the laser generator are locked; and a semi-locked mode, wherein in which the laser generator starts generating the calibration laser, forward and backward swinging of the laser generator with respect to the transverse axis of the universal joint connector is locked, and the laser generator is capable of swinging free to swing left and right with respect to the longitudinal axis of the universal joint connector in combination with the remaining limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered relevant but fail to teach the combination as claimed:
Geise (US 10,704,906) discloses a pendulum laser device including a universal joint of a pendulum arrangement by forming two orthogonal shafts, a housing, a laser unit, a locking device but fails to teach the adjustable platform and off mode as claimed.
Bascom et al. (US Pub. No. 2016/0178370) discloses a pendulum laser device including a gimbal assembly, a housing, and a laser unit, a lock mechanism but fails to teach the adjustable platform and off mode as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA GUADALUPE-MCCALL whose telephone number is (571)272-2244. The examiner can normally be reached Mon -Thu, 8:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura E Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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YARITZA GUADALUPE-MCCALL
Primary Examiner
Art Unit 2855
April 15, 2026
/YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855
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