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, see "Remarks", page filed July 1, 2026, with respect to the objections of claim 20, the specification, and the drawings, as well as the rejection of claims 16-19 under 35 U.S.C. § 112(b), have been fully considered and are persuasive. The above objection(s) and rection(s) of April 1, 2026, have been withdrawn.
Applicant's arguments filed July 1, 2026, with respect to the prior art rejections of claims 1- have been fully considered but they are not persuasive. In regard to Long (US 20070101594 A1; cited in prior PTO-892) not disclosing the amended limitations of independent claims 1 and 14, Examiner would draw Applicant’s attention to Long paras. [0003]-[0005], [0056], [0064], and Figs. 4A-4C, which describe the variety of power tools to include machining power tools (drills, saws, etc.), that the detachable level including a leveling device can be configured to be arranged within the receptacle with at least one power source {Figs. 4A-4C show embodiments where the modular tool attachment is a laser leveling device configured to be arranged in the receptable, described at least in para. [0064], and para. [0056] describes the modular tool attachment having an independent power source which can be contained within the unit - thus the self-levelling laser line generator and at least one power source could be configured to be received in the receptacle}.
Applicant’s arguments, see "Remarks", pages 14-16, filed July 1, 2026, with respect to the rejection(s) of claims 5 and 10 under 35 U.S.C. § 102 and claims 8-9 under 35 U.S.C. § 103 have been fully considered and are persuasive. The prior art rejection) of claims 5 and 8-10 have been withdrawn.
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)(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 1-4 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Long.
In regard to claim 1, Long discloses a power tool system [modular tool assembly 10] comprising: a machining power tool {tool base, described as a variety of power tools used for machining (drills, saws, etc.) in paras. [0003]-[0005]} having a receptacle [guide member, shown at least in Fig. 1]; and a detachable level configured {at least Figs. 1 & 4a show a modular tool attachment having a laser level, self-levelling laser generators described in paras. [0087]-[0100]} to be detachably received in the receptacle [shown in Fig. 1], the detachable level including a leveling device [abstract], wherein, when the detachable level is received in the receptacle, the self-leveling laser line generator and the at least one power source are both arranged within the receptacle {Figs. 4A-4C show embodiments where the modular tool attachment is a laser leveling device configured to be arranged in the receptable, described at least in para. [0064], and para. [0056] describes the modular tool attachment having an independent power source which can be contained within the unit - thus the self-levelling laser line generator and at least one power source could be configured to be received in the receptacle}.
In regard to claim 2, Long discloses the detachable level further comprising a housing [tool housing] in which the leveling device is arranged [shown in Fig. 12], the housing being configured to interact with the receptacle to retain the detachable level in the receptacle [shown at least in Fig. 1].
In regard to claim 3, Long discloses that the leveling device comprises at least one laser line generator [shown throughout, laser diode 1130 of Fig. 22 being one such example] configured to emit at least one laser line [shown throughout, shown at least in Figs. 1 and 15] through a window [lens, shown at least in Figs. 1 and 15] of the housing.
In regard to claim 4, Long discloses that the detachable level further comprises a power source configured to supply electrical power to the at least one laser line generator {para. [0056] describes an embodiment in which the modular tool attachment and tool base both have power sources}.
In regard to claim 14, Long discloses a power tool system [modular tool assembly 10] comprising: a power tool [tool base - which has a powered vacuum generating mechanism (abstract)] having a receptacle [guide member, shown at least in Fig. 1]; and a detachable level [modular tool attachment] configured to be detachably received in the receptacle [at least Figs. 1 & 4a show a modular tool attachment having a laser level, with the modular tool attachment being received in the tool base], the detachable level including a self-leveling laser line generator configured to generate at least one level laser line {self-levelling laser generators described in paras. [0087]-[0100]}, the detachable level further comprising at least one power source [power source] that is operably connected to the laser line generator and is configured to receive electrical energy from the power tool {para. [0056] describes an embodiment in which the modular tool attachment and tool base both have power sources}.
Allowable Subject Matter
Claim 20 is allowed for reasons described in the office action of April 1, 2026.
Claims 5 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regard to claim 5, although Long teaches that the power tool further comprises a battery {para. [0056] describes power source 64 as a rechargeable battery} operably connected to the power source of the detachable level and configured to supply electrical energy to charge the power source {paras. [0017] and [0056] describe the tool base and the tool attachment having a laser level having their own power source, and that the laser level is operatively connected to the power source of the base} – Long does not teach that the power supply of the device would charge a secondary, independent power source, nor does Long provide the rationale to do so.
Claims 6-11 are dependent upon claim 5, and similarly would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12-13 and 15 would be allowable if rewritten in independent form for the reasons described in the office action of April 1, 2026.
Claims 16-19 are dependent upon claim 15, and similarly would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached T-R 07:00-19:00, F 07:00-11:00.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/NATALIE HULS/Primary Examiner, Art Unit 2855
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