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 1-7, 12 and 20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Cheatham (US Pub. No. 2002/0170189).
Regarding claim 1, Cheatham discloses at least in FIG 1, an apparatus comprising: a body portion 12; a first extendable arm 20 and a second extendable arm 30, wherein the first extendable arm 20 is disposed at a body portion distal part (near 23) and the second extendable arm 30 is disposed at a body portion proximal part (near 10), and wherein each of the first extendable arm 20 and the second extendable arm 30 is configured to slide between a retracted position and an extended position (see at least the ABSTRACT); and a first angle finding device 42 and a second angle finding device 44 configured to determine angle of the apparatus with respect to ground, wherein the first angle finding device 42 is attached to a first extendable arm distal end(unlabeled end near 26), and wherein the second angle finding device 44 is attached to a second extendable arm proximal end (unlabeled end near 36).
Regarding claims 2 and 3, Cheatham discloses that the extendable arms may move from an extended position to a retracted position relative to the housing (see FIG 1), and the housing includes a channel 13.
Regarding claims 4 and 5, Cheatham discloses a first fastening component 24 and a second fastening component 34 and these fastening components are thumb screws (see FIG 2).
Regarding claims 6 and 7, Cheatham discloses a first clamp 26 and a second clamp 36 and these clamps are C-shaped.
Regarding claim 12, Cheatham discloses that the first angle finding device 42 and the second angle finding device 44 may be removably attached (see [0028]).
Regarding claim 20, the method will be performed when Cheatham is used as described in the disclosure of Cheatham.
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.
Cheatham discloses the invention substantially as claimed. However, Cheatham does not disclose the specific clamps (claims 8, 9 and 19) as claimed or the specific angle finding devices (claims 10 and 11) as claimed. The specific clamps and angle finding devices as claimed are all old and well-known functional equivalents for the clamps and angle finding devices of Cheatham. Therefore, it would have been obvious to use any of the claimed clamps and/or claimed angle finding devices in conjunction with the Cheatham device based on end-user and/or manufacturing preferences.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cheatham in view of Knudsen (US Pat. No. 7,861,434).
Cheatham discloses the invention substantially as claimed. However, Cheatham does not disclose the laser light sources as claimed. Knudsen discloses how laser light sources may be used for the purpose of leveling an apparatus (see col. 13, l. 5-1- col. 14, l. 47). 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 laser light sources as taught by Knudsen in conjunction with the device of Cheatham for the purpose of leveling an apparatus.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cheatham in view of Klass et al. (US Pat. No. 6,553,683).
Cheatham discloses the invention substantially as claimed. However, Cheatham does not disclose the display and power source as claimed. Klass et al. discloses how a display 34 with a power source may be used for the purpose of displaying an angle of an apparatus. 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 display and power source as taught by Klass et al. in conjunction with the device of Cheatham for the purpose of displaying the angle of an apparatus.
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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26 JAN 2026