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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Aarhus (US Pat. No. 5,617,641).
Regarding claim 1, Aarhus discloses an adjustable spirit level device (FIGS 1-6) comprising:
a main body 2;
a first extendable and retractable portion 3; and
a second extendable and retractable portion 4 for selectively adjusting a length of said spirit level device;
wherein said first portion extending and retracting from a first end of said main body;
wherein said second portion extending and retracting from a second end of said main body; wherein said first portion is opposed to said second portion;
wherein said first portion and said main body having at least two sliding rods 9, 10 connecting
said first portion to said main body for selective independent extension and retraction of first portion; and
further wherein said second portion and said main body having at least two sliding rods 11, 12 connecting said second portion to said main body for selective independent extension and retraction of said second portion.
Regarding claim 9, Aarhus discloses an adjustable spirit level device (FIGS 1-6) comprising:
a main body 2;
a first extendable and retractable portion 3; and
a second extendable and retractable portion 4 for selectively adjusting a length of said spirit level device;
wherein said first portion extending and retracting from a first end of said main body;
wherein said second portion extending and retracting from a second end of said main body; wherein said first portion is opposed to said second portion;
wherein said first portion and said main body having at least two sliding rods 9, 10 connecting
said first portion to said main body for selective independent extension and retraction of first portion; and
wherein said second portion and said main body having at least two sliding rods 11, 12 connecting said second portion to said main body for selective independent extension and retraction of said second portion;
wherein said main body having a main bubble level disposed (see second embodiment FIG 4) 28, 29 therein, said first portion having a first bubble level 24 disposed therein, and said second portion having a second bubble level 37 disposed therein; and
further wherein said main bubble level, said first bubble level, and said second bubble level oriented in different directions (as shown in FIG 4 and described in col. 2, ll. 37-45, the locations and orientations of the bubble levels can be varied based on the operation a user wants to perform).
Regarding claim 16, Aarhus discloses an adjustable spirit level device (FIGS 1-6) comprising:
a main body 2;
a first extendable and retractable portion 3; and
a second extendable and retractable portion 4 for selectively adjusting a length of said spirit level device;
wherein said first portion extending and retracting from a first end of said main body;
wherein said second portion extending and retracting from a second end of said main body; wherein said first portion is opposed to said second portion;
wherein said first portion and said main body having at least two sliding rods 9, 10 connecting
said first portion to said main body for selective independent extension and retraction of first portion; and
wherein said second portion and said main body having at least two sliding rods 11, 12 connecting said second portion to said main body for selective independent extension and retraction of said second portion;
wherein said main body having a main bubble level disposed (see second embodiment FIG 4) 28, 29 therein, said first portion having a first bubble level 24 disposed therein, and said second portion having a second bubble level 37 disposed therein;
wherein said first sliding rod of said first portion extending from a front surface of said first portion to a distal end of said second portion (in FIG 1, rod 9 extends through shaft 14 to the distal end of second portion 4, when the level is retracted); and as
further wherein said second sliding rod of said second portion extending from a front surface of said second portion to a distal end of said first portion (in FIG 1, rod 11 extends through shaft 13 to the distal end of first portion 3, when the level is retracted).
Regarding claims 2-7, 10-15 and 18-20, the widths, dimensions and shapes as claimed are all shown in the FIGS of Aarhus.
Regarding claims 8 and 17, the number of bubble levels and location of bubble levels may be varied as claimed, as shown in FIGS 1 and 4 of Aarhus and as described in col. 2, ll. 37-45 if Aaurhus.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to G. BRADLEY BENNETT whose telephone number is 571.272.2237. The examiner can normally be reached M-TH, 8:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571.272.2375. The fax phone number for the organization where this application or proceeding is assigned is 571.273.8300.
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/GEORGE B BENNETT/Primary Examiner, Art Unit 2855
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31 JAN 2026