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 .
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 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.
Acknowledged Receipt
This office action is responsive to amendment filed on 06 July 2026.
Election/Restrictions
Regarding the request that Claim(s) 1-12 not be considered withdrawn: With respect to Claim 1, it states in lines 7-8, “a tape spool center post that extends laterally thorough the rotational axis” which is supported by Fig. 2 (non-elected species Group I) showing the tape spool center post 40 extending laterally through rotational axis 28. Whereas Fig. 8 (elected species Group III) does not support this in that the axis 228 is separated by a separation wall, thus having a tape spool center post 239, a separate spring spool center post 298 and a separated axis 228 via the separation wall, thus not allowing either the separate tape spool center post 239 or the separate spring spool center post 298 to “extend laterally through the rotational axis” as is shown in Fig. 2.
Furthermore, with respect to Claim 1, it states in lines 16-17, “the second spiral spring coupled to the first spiral spring and the internal wall” which is supported by Fig. 2 (non-elected species Group I) showing the second spiral spring 54 coupled to the first spiral spring 52 and the internal wall 32. In addition, Claim 1 states in line 2, “a housing comprising an internal wall that protrudes inward from the housing”. Whereas Fig. 8 (elected species Group III) does not support this in that there is no internal wall, nor an internal wall that protrudes inward from the housing as is shown in Fig. 2.
The examiner maintains that Claim(s) 1-12 be maintained as withdrawn since Claim 1 still appears to read on a non-elected species.
Response to Arguments
Applicant's arguments filed 06 July 2026 have been fully considered but they are not persuasive.
With respect to the Drawing Objections to Claim 16: In response to applicant's argument(s) that Fig. 8 shows “a tape spool center post extends laterally through the rotational axis” (lines 1-2 of Claim 16), the examiner notes that Fig. 8 does not support this in that the axis 228 is separated by a separation wall, thus having a tape spool center post 239, a separate spring spool center post 298 and a separated axis 228 via the separation wall, thus not allowing either the separate tape spool center post 239 or the separate spring spool center post 298 to “extend laterally through the rotational axis”.
With respect to the Drawing Objections to Claim 16: In response to applicant's argument(s) that Fig. 8 shows “an inner end of the first spiral spring coupled to the tape spool center post” (lines 2-3 of Claim 16), the examiner notes that Fig. 8 does not support this in the applicant’s originally filed specification states in ¶ [0060] “For ease of reference only, the “first” spring is located on the left side of FIG. 8 and the “second” spring is located on the right side of FIG. 8.” , thus not allowing an inner end of the first spiral spring (which is located on the left side) to be coupled to the tape spool center post 239, since it is coupled with the spring spool center post 298.
With respect to independent Claim(s) 13: In response to applicant's argument(s) that the cited reference(s) (KDS JPH0628602) do(es) not disclose the following: lines 12-13, “a first spiral spring located within the spring spool, the first spiral spring coupled between the spring spool and the tape reel” (applicant’s REMARKS, pages 12-13), the examiner disagrees. KDS does teach a first spiral spring (7) located within the spring spool (see annotated Fig. 1 below in which the bubble cloud depicts the spring spool and the tape reel), the first spiral spring coupled between the spring spool (see annotated Fig. 1 below) and the tape reel (see annotated Fig. 1 below):
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Status
Claim(s) 1-12 and 18-20 are maintained withdrawn. A Final Rejection is being issued in this paper with regards to Claim(s) 13-17.
Drawing Objections
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 following must be shown or the feature(s) canceled from the claim(s):
Claim(s) 16 (lines 1-2), “a tape spool center post extends laterally through the rotational axis”;
Claim(s) 16 (lines 2-3), “an inner end of the first spiral spring coupled to the tape spool center post”.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: "284" & "286" in ¶ [0060]. 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. 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.
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.
Claim(s) 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KDS Corporation (JP-H06028602, see reference in its entirety).
With respect to independent Claim 13, KDS disclose(s): A tape measure (Fig. 1) comprising:
a housing (1 & 2);
a tape reel (4) rotatably mounted within the housing (Fig. 1), the tape reel rotating about a rotational axis with respect to the housing (see annotated Fig. 1 below), the tape reel comprising a radially inward-facing surface (see annotated Fig. 1 below) defining an interior reel cavity (see annotated Fig. 1 below) and a radially outward-facing surface (see annotated Fig. 1 below);
an elongate tape blade (8) wound around the radially outward-facing surface of the tape reel (Fig. 1);
a hook assembly coupled to an outer end of the elongate tape blade (¶ [0005]); a spring spool (see annotated Fig. 1 below) rotatably mounted within the tape reel such that the spring spool rotates with respect to the tape reel (see annotated Fig. 1 below & ¶ [0005]), the spring spool comprising a spring spool center post (13) that extends through the rotational axis (see annotated Fig. 1 below);
a first spiral spring (7) located within the spring spool (see annotated Fig. 1 below), the first spiral spring coupled between the spring spool and the tape reel such that when the elongate tape blade is unwound from the tape reel to extend from the housing the first spiral spring stores energy (see annotated Fig. 1 below) & ¶ [0005]), and the first spiral spring releasing energy drives rewinding of the elongate tape blade on to the tape reel (¶ [0005]); and
a second spiral spring (6) located within the tape reel (Fig. 1), the second spiral spring coupled between the spring spool center post and the housing (Fig. 1) such that when the elongate tape blade is unwound from the tape reel to extend from the housing the second spiral spring stores energy (¶ [0005]), and the second spiral spring releasing energy drives rewinding of the elongate tape blade on to the tape reel (¶ [0005]); and
wherein, during extension and rewinding of the elongate tape blade, the tape reel rotates within the housing (¶[0005]).
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Regarding Claim 14, KDS disclose(s) the tape measure of Claim 13.
KDS further disclose(s): wherein the tape reel is radially further from the rotational axis than the spring spool (see annotated Fig. 1 above).
Regarding Claim 15, KDS disclose(s) the tape measure of Claim 13.
KDS further disclose(s): wherein the spring spool comprises a separation wall between the first spiral spring and the second spiral spring (3).
Regarding Claim 16, KDS disclose(s) the tape measure of Claim 13.
KDS further disclose(s): the tape reel comprising a tape spool center post (11) that extends laterally through the rotational axis (see annotated Fig. 1 above), wherein an inner end of the first spiral spring coupled to the tape spool center post (Fig. 1).
Regarding Claim 17, KDS disclose(s) the tape measure of Claim 13.
KDS further disclose(s): wherein the radially inward-facing surface of the tape reel is further in a radial direction from the rotational axis than the first spiral spring and the second spiral spring (see annotated Fig. 1 above).
Conclusion
THIS ACTION IS MADE FINAL. 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 TANIA COURSON whose telephone number is (571)272-2239. The examiner can normally be reached M-F (7am-3:30pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at (303)297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TC/
21 September 2026
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855