Prosecution Insights
Last updated: October 02, 2026
Application No. 18/481,663

MEASURING TAPE WITH END HOOK HAVING A LASER ETCHED HIGH FRICTION SURFACE

Final Rejection §103
Filed
Oct 05, 2023
Priority
Oct 10, 2022 — provisional 63/414,712
Examiner
GUADALUPE, YARITZA
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Apex Brands Inc.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
958 granted / 1165 resolved
+14.2% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
23 currently pending
Career history
1175
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
40.2%
+0.2% vs TC avg
§102
45.6%
+5.6% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1165 resolved cases

Office Action

§103
DETAILED ACTION In response to the Amendment filed July 14, 2026 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 5, 2023 are accepted. Abstract The Abstract filed October 5, 2023 is accepted. Specification The specification filed October 5, 2023 has been entered. Claim Rejections - 35 USC § 103 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, 2, 4 – 8, 10, 12 – 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 12,455,153 B2) in view of Nelson et al. (US Pub. No. 2002/0011008 A1). With respect to claim 1, Tsai discloses a measuring tape device (See Figure 1) comprising a housing (12) having an aperture (for extending the measuring tape); a reel assembly (conventional to tape measures as shown in Figure 1); a blade (10) having a first end configured to extend from the housing through the aperture and a second end configured to be wound on the reel assembly (See Figure 1); and an end hook (11) disposed at the first end of the blade (Figure 1), the end hook (11) having a front face (Figure 3) that faces away from the aperture and a rear face (Figure 2) that faces toward the aperture, wherein a high friction surface (20, 21) comprising laser etching is disposed over at least a portion of the end hook (Column 2, lines 46 – 53). PNG media_image1.png 510 684 media_image1.png Greyscale PNG media_image2.png 540 756 media_image2.png Greyscale Tsai does not disclose the end hook further comprising an upright extension that is planar with the rear face and extends perpendicular to the blade on an opposite side of the blade from the rear face as recited in claim 1. Nelson et al. discloses a gripping device (66) to be attached to the end hook of a measuring tape (50), the gripping device comprising a body with a front side and a back side, the back side provided with a gripping surface (66c) and further comprising an upright extension that is planar with the rear face and extends perpendicular to the blade on an opposite side of the blade from the rear face in order to provide a removably attachable projection that extends and maximizes the gripping area. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Nelson et al. by providing a gripping device, as taught by Nelson et al., in order to provide a removably attachable projection that extends and maximizes the gripping area. PNG media_image3.png 416 704 media_image3.png Greyscale Referring to claim 2, the combination of Tsai and Nelson et al. sets forth a device wherein the high friction surface (21 of Tsai) is disposed at substantially all of a surface of the rear face (See Figure 2 of Tsai). In regards to claim 4, the combination of Tsai and Nelson et al. teaches a device wherein the high friction surface is disposed on the upright extension of the end hook (See Figures 6 and 11 of Nelson et al.). PNG media_image4.png 310 530 media_image4.png Greyscale Regarding claim 5, the combination of Tsai and Nelson et al. shows a device wherein a width of the end hook is greater than a width of the blade such that portions of the end hook extend outside the width of the blade to provide an expanded surface area for engagement of at least the rear face with an anchor point (see Figures 3 and 11 of Nelson et al.). PNG media_image3.png 416 704 media_image3.png Greyscale PNG media_image4.png 310 530 media_image4.png Greyscale With regards to claim 6, the combination of Tsai and Nelson et al. discloses a device wherein the high friction surface (66c as modified by Nelson et al.) is disposed on the portions of the end hook that extend outside the width of the blade (See Figure 11 of Nelson et al.). Referring to claim 7, the combination of Tsai and Nelson et al. teaches a device wherein a surface area of the high friction surface (21 of Tsai) is greater than 1/2 a surface area of the rear face (See Figure 2 and Column 3, lines 23 – 28 of Tsai). In regards to claim 8, the combination of Tsai and Nelson et al. shows a device wherein the high friction surface (21 of Tsai) comprises a dimple pattern comprising craters and raised portions (See Figure 2 of Tsai). With regards to claim 10, the combination of Tsai and Nelson et al. discloses a device wherein the high friction surface (21 of Tsai) comprises a linear pattern comprising grooves (Column 4, lines 4 – 14 of Tsai). Referring to claim 12, the combination of Tsai and Nelson et al. sets forth an end hook (11) for a measuring tape device (12), the end hook (11) comprising a front face (Figure 3 of Tsai) that faces away from an aperture through which a blade (10) of the measuring tape device is extendible; a rear face (Figure 2 of Tsai) that faces toward the aperture; and a high friction surface (21) comprising laser etching disposed over at least a portion of the end hook (Column 2, lines 46 – 53 of Tsai); wherein a width of the end hook is greater than a width of the blade such that portions of the end hook extend outside the width of the blade to provide an expanded surface area for engagement of at least the rear face with an anchor point (as modified by Nelson et al. above; see figure below). PNG media_image3.png 416 704 media_image3.png Greyscale In regards to claim 13, the combination of Tsai and Nelson et al. teaches an end hook wherein the high friction surface (21) is disposed of substantially all of a surface of the rear face (See Figures 2 and 3 of Tsai). Regarding claim 14, the combination of Tsai and Nelson et al. shows an end hook wherein the end hook further comprises an upright extension that is planar with the rear face and extends perpendicular to the blade on an opposite side of the blade from the rear face (As modified by Nelson et al. above). With regards to claim 15, the combination of Tsai and Nelson et al. discloses an end hook wherein the high friction surface is disposed on the upright extension of the end hook (as modified by Nelson et al. above). Regarding claim 16, the combination of Tsai and Nelson et al. shows an end hook wherein the high friction surface (21) comprises a dimple pattern comprising craters and raised portions (See Figure 2 of Tsai). With respect to claim 17, the combination of Tsai and Nelson et al. discloses an end hook wherein the craters of the dimple pattern are consecutive melt pools formed by ablating material of the surface of the rear face with a laser, and wherein the melt pools are surrounded by the raised portions on all sides. Referring to claim 19, the combination of Tsai and Nelson et al. sets forth an end hook wherein the high friction surface is disposed on the portions of the end hook that extend outside the width of the blade (as modified by Nelson et al. above). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Tsai (US 12,455,153 B2) in view of Nelson et al. (US Pub. No. 2002/0011008 A1), as applied to claims 1, 2, 7, 8, 10, 12, 13, 16 and 17 above, and further in view of Bridges et al (US 11,313,659). The combination of Tsai and Nelson et al. discloses a device as recited above. The combination of Tsai and Nelson et al. does not disclose the coating as recited in claim 20. In regards to claim 20, the combination of Tsai and Nelson et al. discloses the method of making a measuring tape device (12), the method comprising the steps of providing the end hook (11) for the measuring tape device (Figure 1 of Tsai); laser etching a high friction surface (21 of Tsai) into at least a portion of a surface of a rear face of the end hook (See Figure 2 of Tsai) and into an upright extension of the end hook that is planar with the rear face and extends perpendicular to a blade of the measuring tape device on an opposite side of the blade from the rear face and attaching the end hook to a blade of the measuring tape device (as modified by Nelson et al.). Bridges et al. discloses a device comprising an end hook (170) with a high friction material (210) applied to the end hook and further teaches applying a coating over the high friction material (See Column 6, lines 20 – 22) for durability. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Tsai and Nelson et al. by providing a coating over the high friction material, as taught by Bridges et al., in order to increase durability of the device. Allowable Subject Matter Claims 9 and 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. Reasons for Allowance The following is an examiner’s statement of reasons for allowance: Claims 9 and 11 are allowable because the prior art fails to teach or suggest a device wherein the craters of the dimple pattern are consecutive melt pools formed by ablating material of the surface of the rear face with a laser, and wherein the melt pools are surrounded by the raised portions on all sides; wherein the grooves of the linear pattern are consecutive melt pools formed by ablating material of the surface of the rear face with a laser, and wherein the melt pools are not surrounded by the raised portions in between consecutive melt pools; wherein the end hook further comprises an upright extension that is planar with the rear face and extends perpendicular to the blade on an opposite side of the blade from the rear face; and wherein the high friction surface is disposed on the upright extension of the end hook in combination with the remaining limitations of the claims. Response to Arguments Applicant’s arguments with respect to claims 1 – 2, 4 – 17 and 19 - 20 have been considered. However, upon further consideration, a new grounds of rejection is made in view of Tsai and Nelson et al. ` Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. YARITZA GUADALUPE-MCCALL Primary Examiner Art Unit 2855 July 25, 2026 /YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855
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Prosecution Timeline

Oct 05, 2023
Application Filed
Apr 15, 2026
Non-Final Rejection mailed — §103
Jul 14, 2026
Response Filed
Jul 29, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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TAPE DISPENSER FOR DEFINING A PERIMETER, APPARATUS THEREFROM AND METHODS THEREFOR
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Patent 12704365
REINFORCEMENT STRIP FOR ROLL-OVER RESISTANT MEASURING TAPE
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
97%
With Interview (+15.0%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1165 resolved cases by this examiner. Grant probability derived from career allowance rate.

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