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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “flat bottom portion” recited in instant dependent claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: The instant filed specification fails to employ the claim limitation: “flat bottom portion” recited in instant dependent claim 8.
Appropriate correction is required.
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.
Claim(s) 1-3 and 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 9,804,014 to Shigemoto and U.S. 2008/0314141 to Keith et al. Shigemoto discloses a measuring dipstick (11) (see entire reference) for a gear case of a train (note: the claimed invention is a device/apparatus, not a system which positively recites a measuring dipstick and a gear case of a train, and, as such, the intended use limitations of “for a gear case of a train” or any other aspects of a “gear case” recited in instant independent claim 1 have little to no patentable weight) including a handle (22) configured to extend outside of the gear case when the measuring dipstick extends within an opening (34a) of the gear case; and an insertion portion (21, 23) including a bend (see Fig. 1) in the insertion portion that separates a proximal portion of the insertion portion and a distal portion of the insertion portion, thus the distal portion extends in a different direction than the proximal portion ; and an orientation indicator (26a) configured to identify a correct orientation for the measuring dipstick when the insertion portion is inserted within the opening of the gear case (meeting the majority of limitations recited in instant independent claims 1 and 14); wherein the handle includes a flat bottom portion (see Figs. 3-7B) (as recited in instant dependent claim 8) and wherein the handle includes a flat portion on a lateral side of the handle portion (see Figs. 3-7B) (as recited in instant dependent claim 8).
Shigemoto does not explicitly disclose the insertion portion includes a plurality of level indicators spaced along the insertion portions at intervals (as recited in instant independent claims 1 and 14); wherein a distal end of the insertion portion includes an extension, the extension/protrusion protruding away from a center of the distal portion (as recited in instant dependent claims 2 and 15); or wherein the level indicators include through-holes (as recited in instant dependent claim 3 and 15). However, in specific regards to the recited “plurality of level indicators spaced along the insertion portion” recited in instant independent claims 1 and 14, it is well known to those of ordinary skill in the art of measuring dipsticks that insertion portions typically include at least two indicators spaced along an insertion portion, typically employing either line-markings or lettering indicating full or maximum (i.e. F or FULL/MAX) and low or add (i.e. L or LOW/ADD), thus it would have been obvious to one of ordinary skill in the art as of the effective filing date to employ a plurality of indicators to the insertion portion of the measuring dipstick disclosed by Shigemoto, thus providing an indication of fluid/oil level, as well as to add fluid/oil when the fluid/oil level is low or below a maximum/full level.
Keith et al. disclose a measuring dipstick (10) (see entire reference) having a handle (12) and an insertion portion (16, 17, 18) having bends, wherein a plurality of level indicators (22) are spaced along the insertion portion at intervals (see Fig. 2), the level indicators including through-holes/ports (22) (as recited in instant dependent claims 3 and 15); and wherein a distal end of the insertion portion includes an extension/protrusion (24) protruding away from a center of the distal portion (as recited in instant dependent claims 2 and 15). It would have been obvious to one having ordinary skill in the art to modify the measuring dipstick disclosed by Shigemoto, employing the structural aspects regarding level indicators with through-holes on the insertion portion, as well as a protrusion at the distal end of the insertion portion, as taught by Keith et al., thus providing a measuring dipstick with an advancing guide of the protrusion, to optimally allow synergistic effects to make the guide more effective, especially during insertion, due to the increased flexibility of the leading edge (see para 0020) and to provide indication of fluid level and fluid conditions, since a coherent film is formed over the through-holes/ports/openings which allows excess material to drip back into the reservoir, provide an indication for adding/replenishment of fluid, and allow for fluid color to determine cleanliness via level of transparency, indicating overall quality of the fluid (see para 0021), thus meeting all remaining limitations of instant independent claims 1 and 14, and instant dependent claims 2, 3 and 15.
In specific regards to claims 10-13, a method for measuring a fluid level in a train (i.e. gearbox/gear case/transmission/differential or other liquid/oil/lubricant levels in motor components, as well as all other types of land vehicles, including automobiles and trucks, wherein such components have openings/holes/fill spouts with caps/sealing elements/threaded bolts that must be removed to provide replenishment of the fluids/oils/lubricants with the gearbox/transmission/differential/motor components, wherein the measuring dipstick disclosed by Shigemoto and Keith et al. can be employed, and would obviously require the recited method steps recited of removing the cap/sealing element/threaded bolt on a fill spout opening, inserting the measuring dipstick, removing the measuring dipstick, determining a fluid level being low based on an absence of fluid in the one or more through-holes/ports of the insertion portion, and if, low, adding an appropriate amount of fluid to the gearbox/gear case/transmission/differential/motor component, and reinserting and removing the measuring dipstick to ensure a full level of fluid is achieved after the addition of fluid by inspecting the measuring dipstick, wherein the inspection includes, as stated previously, a level, color and clarity/transparency of the fluid, thus meeting all the limitations recited in instant claims 10-13.
Claim(s) 5-7 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 9,804,014 to Shigemoto and U.S. 2008/0314141 to Keith et al., as applied to claims 1 and 14, and in further view of U.S. 2013/0305552 to Krishnamurthy et al. and U.S. 11,708,939 to Bodary et al. Shigemoto and Keith et al. disclose a measuring dipstick having all of the recited element and associated functionality stated previously, including indicators that indicate a correct orientation for the measuring dipstick and a level of the fluid (as partially recited in instant dependent claim 17) and wherein the indicators have different forms (as recited in instant dependent claim 19). Shigemoto and Keith et al. do not explicitly disclose the orientation indicator is a symbol (as recited in instant dependent claim 5); further including a part-identifying indicator for a particular part (as recited in instant dependent claims 6 and 17); wherein the bend forms an angle of about 20 degrees to about 80 degrees between the proximal portion and the distal portion of the insertion portion (as recited in instant dependent claims 7 and 20); wherein the indicator indicates the correct orientation for the measuring dipstick is an arrow (as recited instant depending claim 19). Krishnamurthy et al. discloses a measuring dipstick (10, 11, 12) (see entire reference) employing symbols (oil can, locked and unlocked and arrows which indicate a direction of orientation/rotation, as well as text “Align to Lock/Read” as a position/orientation indicator, see Figs. 5-7 and para 0043) on a handle extended outside of the fluid chamber to which the fluid level is to be measured, meeting the limitations recited in instant dependent claims 5 and 17-19. It would have been obvious to one having ordinary skill in the art as of the effective filing date to employ an arrow for an orientation indicator, as well as symbols, and indicators of different forms, as taught by Krishnamurthy et al., ensuring the proper fluid is chosen for replenishment and level checking (i.e. oil symbol) and correct unambiguous orientation indicators, modifying the measuring dipstick disclosed by Shigemoto and Keith et al.
As to the limitation of part-identifying/particular part indicator recited in instant dependent claims 6 and 17, it would have been obvious to one having ordinary skill in the art as of the effective filing date to employ some part-identifier on the measuring dipstick, to ensure the correct and proper measuring dipstick is employed with the directly associated gearbox/gear case/transmission/differential or other liquid/oil/lubricant levels in motor component to ensure not only proper fitting, but preventing the incorrect measuring dipstick employed on an incorrect gearbox/gear case/transmission/differential or motor component in which the fluid level is to be measured. Furthermore, part-identifying numbers are employed on components for purposes of stocking of replacement parts, or choice of correct parts, as well as potentially model numbers, or variations of model numbers, ensuring the correct measuring dipstick is ordered (i.e. if replacement is need due to damage/breakage). As such it would have been obvious to one having ordinary skill in the art to employ part-identifying indicator, in addition to the other indicators disclosed by Shigemoto, Keith et al. and Krishnamurthy et al., thus meeting all the limitations recited in instant dependent claims 5, 6, 17-19.
As to the limitations regarding an angle recited in instant dependent claims 7 and 20, Bodary et al. disclose a measuring dipstick (see entire reference, in particular Fig. 4 and claim 1) wherein an insertion portion has portions which bended (150, 154, 78) with varying angles which clearly appear to be between 20 degrees and 80 degrees between proximal and distal portions of the insertion portion. Claim 1 of Bodary et al. only limits the bends so that the insertion portion is disposed in a nonparallel (not zero degrees) and non-perpendicular (i.e. 90 degrees) relationship with an axis. Furthermore, one of ordinary skill in the art would determine the desired bend angle necessary of the insertion portion, ensuring the measuring dipstick can reach the desired levels of fluid to be measured, which would depend on the location of the fluid reservoir relative to the opening in which the measuring dipstick is inserted, thus requiring the required angle. As such, based on the teachings of Bodary et al. and knowledge of one having ordinary skill in the art as of the effective filing date of the instant invention, it would have been obvious to one having ordinary skill in the art to design/modify the measuring dipstick insertion portion disclosed by Shigemoto, Keith et al. and Krishnamurthy et al. to have a bend between about 20 degrees and 80 degrees, meeting the limitations recited in instant dependent claim 7 and 20.
Claim(s) 4 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. 9,804,014 to Shigemoto and U.S. 2008/0314141 to Keith et al., as applied to claims 1 and 14, and in further view of U.S. 946,695 to Dinsmoor. Shigemoto and Keith et al. disclose a measuring dipstick having all of the elements and functionality stated previously. Shigemoto and Keith et al. do not explicitly disclose that the intervals at which the indicators spaced from each other are equal when measured vertically and when the measuring dipstick is viewed from the side or include markers that are spaced apart from adjacent marker by a distance that representing the same quantity of fluid, as recited in instant dependent claims 4 and 16. Dinsmoor discloses a measuring dipstick (1) with indicators of marked intervals (10) along an insertion portion (see entire reference); wherein the indicators are spaced from each other are equal when measured vertically and when the measuring dipstick is viewed from a side, and wherein the markers are spaced apart from adjacent marker by a distance that represents the same quantity of fluid. It would have been obvious to one having ordinary skill in the art as of the effective filing date to employ the markers and spaced intervals taught by Dinsmoor, modifying the measuring dipstick disclosed by Shigemoto and Keith et al., thus providing fractional parts of the volume at the associated level being measured by the dipstick, thus meeting the limitations recited in instant dependent claims 4 and 16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is invited to review PTO form 892 accompanying this Office Action listing Prior Art relevant to the instant invention cited by the Examiner.
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/JOHN FITZGERALD/Primary Examiner, Art Unit 2855