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 .
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 and 2 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C 102(a)(2) as being anticipated by Garity (US Pat. No. 6,070,338).
Regarding claim 1, Garity discloses a tape measure device (FIG 1) comprising: a portable tape measure having a housing 11, a lock tab 5, and a tape 33; wherein said lock tab having a sliding portion for sliding said lock tab from a first tape locking position for preventing said tape from extending from said housing to a second tape unlocking position for enabling said tape to retract into said housing; and further wherein said tape having at least two sets of sequential numbers including a first set of sequential numbers in an ascending order and a second set of sequential numbers in a descending order (the numbers as claimed are shown on the tape in FIG 1).
Regarding claim 2, the housing of Garity is shown as having a flat base in FIG 1.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Garity in view of Holevas et al. (US Pat. No. 5,435,074).
Garity discloses the invention substantially as claimed. However, Garity does not disclose a clip attached to the side surface of the housing as claimed. Holevas et al. discloses a clip 80 attached to the side of a tape measure housing so that the tape measure may be clipped to an object hands-free. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use the clip of Holevas et al. in conjunction with the Garity device for the purpose of attaching the combined device hands-free to an object.
Claims 4-9 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Garity in view of Tarver, III (US Pat. No. 6,530,159).
Garity discloses the invention substantially as claimed. However, Garity does not disclose a third set of sequential numbers or the specific sets of sequential numbers as claimed. Tarver, III. discloses a third set of sequential numbers (see FIGS 6, 7 and 9-11, for example) and various quantities of sequential numbers (FIG 5 discloses 144 sequential numbers and FIG 6 discloses 48 sequential numbers, for example) for the purpose of allowing a tape measure to be adapted for specific applications. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use similar number sets to those taught by Tarver et al. in conjunction with the Garity device for the purpose of adapting a tape measure for specific applications.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Garity and Tarver, III as applied to claim 8 above, and further in view of Holevas et al..
Garity and Tarver, III disclose the invention substantially as claimed. However, neither Garity nor Tarver, III discloses a clip attached to the side surface of the housing as claimed. Holevas et al. discloses a clip 80 attached to the side of a tape measure housing so that the tape measure may be clipped to an object hands-free. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use the clip of Holevas et al. in conjunction with the Garity and Tarver, III devices for the purpose of attaching the combined device to an object.
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.
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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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11 DEC 2025