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.
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group III (Fig. 8, Claims 1-17) in the reply filed on 17 March 2026 is acknowledged.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 17 March 2026.
Upon further review, the examiner understands that Claim(s) 1-12 can only read upon Group I (Species shown in Figs. 2-4), a non-elected Group, since it/they claim(s) in Claim 1, lines 6-7, “a tape spool post that extends laterally through the rotational axis” (tape spool post 40 in Fig. 2) and in lines 16-17, “the second spiral spring coupled to the first spiral spring and the internal wall (internal wall 56 IN Fig. 2). Thus, the examiner considers Claim(s) 1-12 withdrawn.
Claim(s) 1-12 is/are considered to be withdrawn, Claim(s) 18-20 has/have been confirmed to be withdrawn, thus Claims 13-17 filed on 20 October 2023 will be further examined in this action.
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 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.
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
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
The following reference(s) relate to tape measures (parent applications and same assignee): Khanger et al. (US 11231261 B2); Khanger et al. (US 11821727 B2); Vitas (US 11815350 B2).
The following reference(s) relate to tape measures: Kang et al. (US 12455154 B2); Panosian et al. (US 11460283 B1).
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 on (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/
02 April 2026
/KRISTINA M DEHERRERA/
Supervisory Patent Examiner, Art Unit 2855
Prosecution Insights