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 .
Claim Rejections - 35 USC § 103
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 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.
Claims 1-6, 8-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Szumer (US Patent 6029359) “Szumer” and Swittel (USPGPUB US 20230033519) “Swittel”.
Regarding claim 1-6, 8, and 9, Szumer discloses a mount (10) for a measuring device (28) comprising: a first mounting member (12 left) having a first mounting surface (20) that defines a first plane and includes at least one first magnet (16); a second mounting member (12 right) having a second mounting surface (20) that includes at least one second magnet (16); wherein the second mounting member (12 right) has a first position (Fig. 3) at which the second mounting member extends on an opposite side of the first plane from the measuring device support and the first and second mounting surfaces are substantially perpendicular to one another (Fig. 3), wherein the second mounting member (12 right) is pivotably connected to the first mounting member (12 left) via a hinge (14) having a hinge axis that is substantially parallel (Fig. 1) to or coincident with the first plane; wherein the second mounting member (12 right) has a second position (Fig. 3) at which the second mounting member extends to the same side of the first plane as the measuring device support, the first and second mounting surfaces are substantially perpendicular to one another (Fig. 3), wherein the second mounting member (12 right) has a third position (Fig. 3) at which the second mounting surface is generally coplanar with the first mounting surface, wherein the second mounting member has a second configuration (Fig. 3) at which the second mounting member extends on the opposite side of the first plane from the measuring device support, the first and second mounting surfaces are substantially perpendicular to one another, and the second mounting surface faces in a second direction that is opposite to a first direction (Fig. 3) the second mounting surface faces in the first position, wherein: the first mounting surface defines a rectangular first magnet region (16) in which all of the at least one first magnets (16) are arranged, and the second mounting surface defines a rectangular second magnet region (16) in which all of the at least one second magnets (16) are arranged, wherein a surface area of the first magnet region (16) is approximately equal to a surface area of the second magnet region (16), wherein a combined surface area of all the second magnets (16) of the at least one second magnet is between approximately 25% and approximately 65% of a surface area of the second magnet region (16).
Szumer does not disclose a measuring device support, nor a detachable connection.
Swittel teaches a measuring device support (14) and a detachable connection (40 and 72).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include Swittel’s measuring device support and detachable connection in Szumer’s mount for a measuring device, providing a more stable location to use the measuring device and improving usability.
Regarding claim 11-14, and 17-20, Szumer discloses measuring device system (10) comprising: a measuring device (28); and a mount (10) comprising: a first mounting member (12 left) having a first mounting surface (20) that defines a first plane and includes at least one first magnet (16); a second mounting member (12 right) having a second mounting surface (20) that includes at least one second magnet (16); wherein the second mounting member (12 right) has a first position (Fig. 3) at which the second mounting member extends on an opposite side of the first plane from the measuring device support and the first and second mounting surfaces are substantially perpendicular (Fig. 3) to one another; wherein the second mounting member (12 left) is pivotably connected to the first mounting member (12 right) via a hinge (14) having a hinge axis (vertical axis of hinge 14) that is substantially parallel to or coincident with the first plane (20); wherein the second mounting member has a second position (Fig. 3) at which the second mounting member extends to the same side of the first plane as the measuring device support, the first and second mounting surfaces are substantially perpendicular (Fig. 3) to one another, and the second mounting surface faces away (Fig. 3) from the measuring device support; wherein the second mounting member has a third position (Fig. 3) at which the second mounting surface is generally coplanar (Fig. 3) with the first mounting surface; wherein: the first mounting surface defines a rectangular first magnet region (16) in which all of the at least one first magnets (16) are arranged, and the second mounting surface defines a rectangular second magnet (16) region in which all of the at least one second magnets (16) are arranged; wherein a surface area (16) of the first magnet region (16 left) is approximately equal to a surface area (16) of the second magnet (16 right) region; wherein a combined surface area (Column 3; lines 5-10) of all the second magnets (16) of the at least one second magnet (16) is between approximately 25% and approximately 65% of a surface area (Column 3; lines 5-10) of the second magnet region (16).
Szumer does not disclose a measuring device support, nor a laser level.
Swittel teaches a measuring device support (14), and a laser level (27).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include Swittel’s measuring device support and laser level in Szumer’s mount for a measuring device, providing a more stable location and more accurate leveling lines.
Claims 7, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Szumer and Swittel, in view of Kalis (USPGPUB US 20160312952) “Kalis”.
Regarding claim 7, Szumer and Swittel disclose the limitations of claim 1.
Szumer or Swittel do not disclose a surface area is between approximately 25% and approximately 75% of a surface.
Kalis teaches a surface area (40) is between approximately 25% and approximately 75% of a surface (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Kali’s surface area in the approximately 25% and approximately 75% configuration, ensuring a more secure connection to the work area while minimizing damage to the work area.
Regarding claims 15 and 16, Szumer and Swittel disclose the limitations of claim 11, including the second mounting member.
Szumer or Swittel do not disclose a detachable connection, nor a second configuration in a second direction that is opposite to a first direction.
Kalis teaches a detachable connection (claim 10), and a second configuration (Fig. 3B) in a second direction (Fig. 3B) that is opposite to a first direction (Fig. 3B).
It would have been obvious to one of ordinary skill in the art before the effective filing date to Kalis’ a detachable connection and configuration in Szumer and Swittel’s device, improving usability and flexibility while using the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA JOSEPHINE SAUNDERS whose telephone number is (571)272-6528. The examiner can normally be reached 7:30-5:00 EST.
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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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