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 .
Response to Arguments
Applicant’s arguments filed 06/22/2026 have been fully considered, but they are not persuasive.
The amendments are noted and examination will proceed on claims 1-20, as presented.
Regarding amended claim 1, Applicant’s argument is not persuasive because it mischaracterizes the structure disclosed in Wilhelm. Applicant argues that in Wilhelm a track is disposed on a top surface of a beam, which is parallel rather than perpendicular to a measurement reference surface. However, as shown in the cross-sectional view of Fig. 3, the track 370 is mounted on a side surface of beam 310, which is perpendicular to measurement reference surface 105.
Because Wilhelm discloses to reference surface and the track-bearing side surface in the claimed perpendicular relationship, the amendment does not distinguish the claim over Wilhelm.
Applicant further argues Wilhelm is not directed to measure flush of a point on a surface of the object being measured. Measuring the flush of a point on a surface is measuring the deviation of that point relative to a reference surface. Measuring surface profile entails this deviation of points relative to a reference surface, across the extent of the surface. The flush of a point is therefore a single-point instance of a surface profile measurement. Accordingly, Wilhelm, in measuring the surface profile of a substrate, inherently measures the flush of the points on that surface relative to the reference surface. The distinction Applicant argues is of application, not structure. See MPEP 2114.
Regarding claim 2, Applicant’s argument is not persuasive. Applicant argues that in Stoffel, magnet 114 and recess 115 are located on the bottom of a support foot rather than on a reference surface of a beam. However, Stoffel is relied upon for its reaching of a recessed magnet used to stabilize the measuring assembly, not the structure the magnets are mounted on.
A person of ordinary skill in the art would have been motivated to locate the recessed magnet on the reference surface to magnetically stabilize the measurement assembly, yielding predictable results under KSR.
Regarding claim 5, Applicant’s argument is not persuasive. Applicant argues that Wilhelm’s left and right support fit against end surfaces of Wilhelm’s beam rather than against a reference surface. While the supports are located at the ends of the beam, providing bases that fit against a reference surface to support and stabilize the beam would have been obvious to one of ordinary skill in the art.
Applicant’s own specification explains, “the two bases can support the support beam, thereby enhancing the stability of the measurement assembly”. Locating the bases against a reference surface to provide support and stabilization is placing a known element where it performs its known stabilizing function, yielding a predictable result under KSR.
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.
Claim 11 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 11 recites the limitation "a measurement system". There is insufficient antecedent basis for this limitation in the claim. Previously, all claims recite “a measurement assembly”, and “a measurement system” is not introduced until claim 12. For purposes of examination, "a measurement system" in claim 11 will be read as “a measurement assembly”, as recited in claim 8, from which claim 11 depends.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelm (US 7322229) “Wilhelm”, in view of Stoffel (US 20120048176) “Stoffel”.
Regarding claim 1, Wilhelm discloses a measurement assembly (Fig. 1; 100) comprising: a support beam (Fig. 1; 110 and Fig. 3; 310), wherein the support beam (Fig. 1; 110 and Fig. 3; 310) comprises a reference surface (Fig. 3; labelled below), a side surface (Fig. 3; labelled below) perpendicular to the reference surface, and a track (Fig. 1; 170 and Fig. 3; 370), wherein the reference surface is configured to fit against a measurement reference surface (Fig. 1; 105), an extension direction of the track (Fig. 1; 170 and Fig. 3; 370) is parallel to the reference surface, and the track (Fig. 1; 170 and Fig. 3; 370) is disposed on the side surface; and a flush gauge (Fig. 1; 130 and Fig. 3; 330) slidably disposed on the track (Fig. 1; 170 and Fig. 3; 370), and measuring flush of a point (Column 2; lines 63-67 and Column 3; lines 1-9).
PNG
media_image1.png
197
277
media_image1.png
Greyscale
Wilhelm does not disclose a main body and a measurement rod, the measurement rod comprises a first end and a second end disposed opposite each other, wherein the first end is fixedly connected to the main body, and the second end is configured to abut against surface of an object being measured to measure flush of a point where by the second end abuts on the surface of the object being measured, and the second end is configured to be movable toward and away from the first end.
Stoffel teaches a main body (Fig. 2; 12) and a measurement rod (Fig. 2; 14), the measurement rod (Fig. 2; 14) comprises a first end (Fig. 2; end of 14 connected to 12) and a second end (Fig. 2; 16) disposed opposite each other, wherein the first end (Fig. 2; end of 14 connected to 12) is fixedly connected to the main body (Fig. 2; 12), and the second end (Fig. 2; 16) is configured to abut against surface of an object (Fig. 2; 120) being measured where by the second end (Fig. 2; 16) abuts on the surface of the object (Fig. 2; 120) being measured, and the second end (Fig. 2; 16) is configured to be movable toward and away from the first end (Fig. 2; end of 14 connected to 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure Wilhelm’s sliding flush gauge to have Stoffel’s main body and measurement rod, making direct contact with an object being measured and providing more accurate flushness measurements.
Regarding claims 2-5, Wilhelm discloses the measurement assembly according to claim 1, wherein the support beam (Fig. 1; 110 and Fig. 3; 310) further comprises a third end (Fig. 1; end of 110 connected to 120) and a fourth end (Fig. 1; end of 110 connected to 125) disposed opposite each other, wherein a pointing direction of the third end (Fig. 1; end of 110 connected to 120) to the fourth end (Fig. 1; end of 110 connected to 125) is the same as an extension direction of the track (Fig. 1; 170 and Fig. 3; 370), and two bases (120 and 125) respectively located at the third end (Fig. 1; end of 110 connected to 120) and the fourth end (Fig. 1; end of 110 connected to 125).
Wilhelm does not disclose at least one first groove and a magnetic block located within the first groove, wherein the first groove is provided in quantity of two, and each of the first grooves is provided with one magnetic block, and the magnetic block is made of a strong magnetic material.
Stoffel teaches at least one first groove (115) and a magnetic block (Fig. 4; 114) located within the first groove (115), wherein the first groove (115) is provided in quantity of two (Fig. 4; 114 at the base of 70), and each of the first grooves (115) is provided with one magnetic block (Fig. 4; 114), and the magnetic block (Fig. 4; 114) is made of a strong magnetic material (Fig. 4; 114).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include Stoffel’s groove and magnetic block in Wilhelm’s third and fourth ends, further stabilizing Wilhelm’s measurement assembly and improving accuracy of measurements.
Regarding claims 6 and 7, Wilhelm discloses the measurement assembly according to claim 1, wherein the support beam (Fig. 1; 110 and Fig. 3; 310) further comprises a spirit level (Fig. 1; 195), wherein the spirit level (Fig. 1; 195) is configured to measure whether the support beam (Fig. 1; 110 and Fig. 3; 310) is level, wherein the spirit level (Fig. 1; 195) is provided in a quantity of two (Column 4; lines 1-8), and the two spirit levels are disposed opposite each other, wherein a pointing direction of one of the spirit levels to the other is the same as the extension direction of the track (Fig. 1; 170 and Fig. 3; 370), and the two spirit levels are both spiral digital levels (Column 4; lines 1-8).
Regarding claims 8-10, Wilhelm and Stoffel disclose the measurement assembly according to claim 1, wherein the main body (Stoffel; Fig. 2; 12) is detachably connected to the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370), wherein the side surface (Wilhelm; Fig. 3) is next to the reference surface (Wilhelm; Fig. 3), and the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370) is a second groove (Wilhelm; Fig. 1; 170 and Fig. 3; 370) recessed from the side surface (Wilhelm; Fig. 3) towards the interior of the support beam (Wilhelm; Fig. 1; 110 and Fig. 3; 310), wherein a recess direction of the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370) is perpendicular to the extension direction of the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370), wherein the main body (Stoffel; Fig. 2; 12) comprises a body (Wilhelm; Fig. 3; 350B) fixed to the first end and a protrusion (Wilhelm; Fig. 3; 360) connected to the body (Wilhelm; Fig. 3; 350B), and the protrusion (Wilhelm; Fig. 3; 360) is detachably fitted into the second groove (Wilhelm; Fig. 1; 170 and Fig. 3; 370) to allow the main body (Stoffel; Fig. 2; 12) to be slidably disposed on the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370).
It would have been obvious to one of ordinary skill in the art before the effective filing date to connect Stoffel’s main body in the detachable, sliding track arrangement of Wilhelm, making it easier for a user to measure flushness by sliding a flushness gauge along a track and making physical contact with an object being measured.
Regarding claim 11, Wilhelm discloses the measurement assembly according to claim 8, wherein lengths of the tracks (Wilhelm; Fig. 1; 170 and Fig. 3; 370) of the support beams (Wilhelm; Fig. 1; 110 and Fig. 3; 310) are different (Wilhelm; Column 4; lines 16-29); and a flush gauge (Fig. 1; 130 and Fig. 3; 330) of the measurement assembly (Fig. 1; 100), wherein the main body (Stoffel; Fig. 2; 12) of the flush gauge (Fig. 1; 130 and Fig. 3; 330) is slidably disposed on the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370) of any one of the support beams (Wilhelm; Fig. 1; 110 and Fig. 3; 310).
It would have been obvious to one of ordinary skill in the art before the effective filing date to connect Stoffel’s main body in the multiple-length track arrangement of Wilhelm, making it easier for a user to measure flushness, on a variety of sizes of workpiece, by sliding a flushness gauge along a track.
PNG
media_image1.png
197
277
media_image1.png
Greyscale
Regarding claim 12, Wilhelm discloses a measurement system, comprising: multiple support beams (Fig. 1; 110 and Column 4; lines 16-29), wherein each of the support beams (Fig. 1; 110 and Column 4; lines 16-29) comprises a reference surface (Fig. 3; labelled below), a side surface (Fig. 3; labelled below) perpendicular to the reference surface, and a track (Fig. 1; 170), wherein the reference surface is configured to fit against a measurement reference surface (Fig. 1; 105), an extension direction of the track (Fig. 1; 170 and Fig. 3; 370) is parallel to the reference surface, and the track (Fig. 1; 170 and Fig. 3; 370) is disposed on the side surface; and a flush gauge (Fig. 1; 130 and Fig. 3; 330) slidably disposed on the track (Fig. 1; 170 and Fig. 3; 370), and measuring flush of a point (Column 2; lines 63-67 and Column 3; lines 1-9), wherein lengths of tracks (Fig. 1; 170) of any two support beams (Fig. 1; 110) are different (Column 4; lines 16-29).
Wilhelm does not disclose a main body and a measurement rod, the measurement rod comprises a first end and a second end disposed opposite each other, wherein the first end is fixedly connected to the main body, and the second end is configured to abut against surface of an object being measured to measure flush of a point where by the second end abuts on the surface of the object being measured, and the second end is configured to be movable toward and away from the first end.
Stoffel teaches a main body (Fig. 2; 12) and a measurement rod (Fig. 2; 14), the measurement rod (Fig. 2; 14) comprises a first end (Fig. 2; end of 14 connected to 12) and a second end (Fig. 2; 16) disposed opposite each other, wherein the first end (Fig. 2; end of 14 connected to 12) is fixedly connected to the main body (Fig. 2; 12), and the second end (Fig. 2; 16) is configured to abut against surface of an object (Fig. 2; 120) being measured where by the second end (Fig. 2; 16) abuts on the surface of the object (Fig. 2; 120) being measured, and the second end (Fig. 2; 16) is configured to be movable toward and away from the first end (Fig. 2; end of 14 connected to 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure Wilhelm’s sliding flush gauge to have Stoffel’s main body and measurement rod, making direct contact with an object being measured and providing more accurate flushness measurements.
Regarding claim 13-16, Wilhelm discloses the measurement system according to claim 12, wherein any one of the support beams (Fig. 1; 110) further comprises
a third end (Fig. 1; end of 110 connected to 120) and a fourth end (Fig. 1; end of 110 connected to 125) disposed opposite each other, two bases (120 and 125) respectively located at the third end and the fourth end of any one of the support beams (Fig. 1; 110), wherein a pointing direction of the third end (Fig. 1; end of 110 connected to 120) to the fourth end (Fig. 1; end of 110 connected to 125) is the same as an extension direction of the track (Fig. 1; 170 ).
Wilhelm does not disclose at least one first groove and a magnetic block located within the first groove, wherein two first grooves are provided, and each of the first grooves is provided with one magnetic block.
Stoffel teaches at least one first groove (115) and a magnetic block (Fig. 4; 114) located within the first groove (115), wherein two first grooves (Fig. 4; 114 at the base of 70) are provided, and each of the first grooves (115) is provided with one magnetic block (Fig. 4; 114).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include Stoffel’s groove and magnetic block in Wilhelm’s third and fourth ends, further stabilizing Wilhelm’s measurement assembly and improving accuracy of measurements.
Regarding claim 17, Wilhelm discloses the measurement system according to claim 12, wherein any one of the support beams (Fig. 1; 110) further comprises a spirit level (Fig. 1; 195), wherein the spirit level (Fig. 1; 195) is configured to measure whether the support beam (Fig. 1; 110) is level.
Regarding claim 18, Wilhelm discloses the measurement system according to claim 17, wherein any one of the support beams (Fig. 1; 195) further comprises the side surface (Wilhelm; Fig. 3) next to the reference surface (Wilhelm; Fig. 3), and the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370) is a second groove (Wilhelm; Fig. 1; 170 and Fig. 3; 370) recessed from the side surface (Wilhelm; Fig. 3) towards the interior of the support beam (Wilhelm; Fig. 1; 110 and Fig. 3; 310), wherein a recess direction of the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370) is perpendicular to the extension direction of the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370), and the main body (Stoffel; Fig. 2; 12) comprises a body (Wilhelm; Fig. 3; 350B) fixed to the first end and a protrusion (Wilhelm; Fig. 3; 360) connected to the body (Wilhelm; Fig. 3; 350B), and the protrusion (Wilhelm; Fig. 3; 360) is detachably fitted into the second groove (Wilhelm; Fig. 1; 170 and Fig. 3; 370) to allow the main body (Stoffel; Fig. 2; 12) to be slidably disposed on the track (Wilhelm; Fig. 1; 170 and Fig. 3; 370).
It would have been obvious to one of ordinary skill in the art before the effective filing date to connect Stoffel’s main body in the detachable, sliding track arrangement of Wilhelm, making it easier for a user to measure flushness by sliding a flushness gauge along a track.
Regarding claim 19, Wilhelm and Stoffel disclose a measurement method, comprising: providing the measurement assembly (Wilhelm; Fig. 1; 100) according to claim 1; fitting the reference surface (Wilhelm; Fig. 3) of the measurement assembly (Wilhelm; Fig. 1; 100) against a measurement reference surface (Wilhelm; Fig. 1; 105); abutting the second end (Stoffel; Fig. 2; 16) of the flush gauge (Wilhelm; Fig. 1; 130 and Fig. 3; 330) against a surface of an object (Stoffel; Fig. 2; 120) being measured to obtain flush at an abutting point; and moving the flush gauge (Wilhelm; Fig. 1; 130 and Fig. 3; 330) along the track (Wilhelm; Fig. 1; 170) to obtain flush at other points on the surface of the object being measured.
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure Wilhelm’s sliding flush gauge to have Stoffel’s second end to make direct contact with an object being measured and provide more accurate flushness measurements.
Regarding claim 20, Wilhelm and Stoffel disclose a measurement method, comprising: providing the measurement system (Wilhelm; Fig. 1; 100) according to claim 11; obtaining dimensions of an object (Wilhelm; Fig. 1; 105) being measured and selecting, from the measurement system (Wilhelm; Fig. 1; 100) based on the dimensions, a support beam (Wilhelm; Fig. 1; 110) having a track (Wilhelm; Fig. 1; 170) that matches the dimensions of the object (Wilhelm; Fig. 1; 105) being measured; fitting the reference surface (Wilhelm; Fig. 3) of the support beam (Wilhelm; Fig. 1; 110) against a measurement reference surface (Wilhelm; Fig. 1; 105); fitting the main body (Stoffel; Fig. 2; 12) of the flush gauge (Wilhelm; Fig. 1; 130) into the track (Wilhelm; Fig. 1; 170) of the support beam (Wilhelm; Fig. 1; 110) and abutting the second end (Stoffel; Fig. 2; 16) against a surface of the object being measured to obtain flush at an abutting point (Stoffel; “contact”); and moving the flush gauge (Wilhelm; Fig. 1; 130) along the track (Wilhelm; Fig. 1; 170) to obtain flush at other points on the surface of the object being measured.
It would have been obvious to one of ordinary skill in the art before the effective filing date to connect Stoffel’s main body in the detachable, sliding track arrangement of Wilhelm, making it easier for a user to measure flushness by sliding a flushness gauge along a track and making physical contact with an object being measured.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN212963166 discloses a measuring device for measuring flatness and/or linearity.
JP2017138206 discloses a measurement device for measuring surface accuracy of a measured object whose measured surface is curved, vertical, or inclined
US6442857 discloses a portable surface inspector.
CN203785611 discloses a surface flatness measuring tool.
CN207066334 a flatness detecting device, comprising a guide rail, the guide groove of the guide rail is provided with a dial gauge.
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 ANNA JOSEPHINE SAUNDERS whose telephone number is (571)272-6528. The examiner can normally be reached 7:30-5:00 EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
Prosecution Insights