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 and Specification
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: there are no reference numbers for any of the components claimed in the specification. Reference numbers need to be added to the drawings and specification for clarity. 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted element is: a display. Claim 1 claims a “display shield” but there is no “display” claimed until claim 12.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Scherzinger (US Pub. No. 2009/0024325) in view of Pugh et al. (US Pat. No. 6,443,000).
Regarding claim 1, Scherzinger discloses the invention substantially as claimed where: 52 is a pole-mountable base plate comprising an aperture; 88, 96 is a pole; 62 is a mountable satellite positioning system receiver; and a computing device in communication with the mountable satellite position system receiver is disclosed (see [0072], for example). However, Scherzinger does not disclose a display shield. Pugh et al. discloses a display shield 33 for the purpose of protecting a display on a measuring device. 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 display shield of Pugh et al. in conjunction with the Scherzinger device for the purpose of protecting a display of the Scherzinger device.
Regarding claim 2, Scherzinger includes an antenna (see [0004]).
Regarding claim 3, Scherzinger includes a battery 68.
Regarding claim 4, Scherzinger discloses two surveying pole portions, either of which can be considered to be a “surveying pole portion,” since the device is of Scherzinger is a surveying device.
Regarding claim 5, Scherzinger does not disclose that the surveying pole portion includes markings as claimed. Pugh et al. discloses how markings 11 may be included on a surveying pole for the purpose of measuring a distance with the pole. 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 markings of Pugh et al. in conjunction with the pole of Scherzinger for the purpose of measuring a distance with the pole of Scherzinger device.
Regarding claims 6 and 7, Scherzinger discloses that the lower pole 96 of is attached to base plate 52 as claimed.
Regarding claim 8, a GPS receiver is a functional equivalent to the GCCS receiver 62 taught by Scherzinger (see [0039], for example).
Regarding claims 9-11, Scherzinger includes a level 94, which may be included in the conventional manners as claimed.
Regarding claim 12, Scherzinger includes a display (see [0073]).
Regarding claims 13-15, the display shield 33 of Pugh et al. is adjustable, removable and attached to a pole as claimed (see col. 2, ll. 22-34).
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.
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, 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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23 DEC 2025