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 1-6, 9-12 and 15-20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Vetromila (US Pat. No. 7,464,480).
Regarding claim 1, Vetromila discloses:
A trim block measuring guide device comprising: a base 102, 104, 106, 110 comprised of a first fastener 110; a top plate 108 comprised of a second fastener that attaches to the first fastener (top plate may be made of plastic and include magnets on its bottom, see col. 7, ll. 29-38); and a measurement line 144, 146 positioned on a top surface of the plate.
Regarding claims 2-5, Vetromila discloses that both the first and second fasteners may be magnetic and in the locations as claimed (FIG 3 and col. 7, lines 29-38).
Regarding claim 6, Vetromila discloses that the base is square shaped (FIG 1, for example).
Regarding claim 9, Vetromila discloses the measurement line is comprised of a measurement increment (see FIG 6).
Regarding claim 10, Vetromila discloses that the top plate has four edges (FIG 4A), any of which could be considered “an outside edge.”
Regarding claim 11, Vetromila discloses:
A trim block measuring guide device comprising: a base 102, 104, 106, 110; a top plate 108 attached to the base; and a measurement line 144, 146 positioned on a top surface of the top plate.
Regarding claim 12, Vetromila discloses that the base is square shaped (FIG 1, for example).
Regarding claim 15, Vetromila discloses the measurement line is comprised of a measurement increment (see FIG 6).
Regarding claim 16, Vetromila discloses that the top plate has four edges (FIG 4A), any of which could be considered “an outside edge.”
Regarding method claims 17-20, Vetromila discloses all the elements used in the method as claimed, as noted above. Vetromila discloses the method as claimed as described in the claims of Vetromila (col. 11, l. 43- col. 12, l. 42).
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 7, 8, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Vetromila.
Vetromila discloses the invention substantially as claimed. However, Vetromila does not disclose that the top plate is square shaped (claims 7 and 13) or that the top plate is larger in size than the base (claims 8 and 14). The new features are obvious variations of the features of Vetromila. It is old and well-known to use functionally equivalent components with a known apparatus for the purpose of achieving the same results. 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 modify the Vetromila device in the manner as claimed based on manufacturer and/or end-user preferences.
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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13 JAN 2026