DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. Both the information disclosure statements (IDSs) submitted on October 21, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDSs are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
3. Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lai (US 20130133212 A1; Lai, Y.; hereinafter "Lai").
In regard to claims 1-15, Lai discloses the following:
{claim 1} a measuring wheel [pivotal measuring wheel] capable of folding self-positioning {positioning described in para. [0020]}, the measuring wheel comprising: a shaft [shaft comprising handle rod 20 and pivotal rod 30, shown in Fig. 1] component having an upper post [handle rod 20] and a lower post [pivotal rod 30]; a handle assembly [handle 11] disposed on a top end of the upper post [shown in Fig. 1]; a wheel assembly [wheel seat 40 and a wheel 50] disposed on a bottom end of the lower post [shown in Fig. 1]; and a pivot mechanism [pivot, shown best in Figs. 2-6] having an upper connecting base [handle seat 21] connected to a bottom end of the upper post [shown throughout]; a lower connecting base [joint seat 31] connected to a top end of the lower post and pivotally connected to the upper connecting base [shown throughout]; and at least one first engaging portion [first pivotal body 22 comprising a first pivotal seat 221 and a first pivotal cap 222] and at least one second engaging portion [second pivotal body 32 comprising a second pivotal seat 321 and a second pivotal cap 322] respectively formed on the upper connecting base and the lower connecting base [shown throughout, especially in Fig. 6]; wherein the upper connecting base and the lower connecting base are configured to pivot relative to each other to fold or unfold the upper post and the lower post [shown best in Figs. 3 and 5]; when the upper post and the lower post are folded, the at least one first engaging portion is engaged with the at least one second engaging portion [shown best in Figs. 2 and 6];
{claim 2} that the upper connecting base has multiple rib boards [Image 1 (see below), rib boards A]; the lower connecting base has multiple rib boards [Image 1, rib boards B]; the multiple rib boards of the upper connecting base and the multiple rib boards of the lower connecting base are arranged at staggered positions [staggered connection shown in Fig. 3]; and the pivot mechanism has a pivot shaft [pintle] mounted through the multiple rib boards of the upper connecting base and the multiple rib boards of the lower connecting base [shown throughout, Image 1 shows pivot shaft in exploded view];
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Image 1 – Lai, Fig. 4, Annotated
{claim 3} that each first engaging portion is a protrusion connected between adjacent two of the multiple rib boards of the upper connecting base [Image 1 shows the first pivotal body 22 extending between the rib boards A]; and each second engaging portion is a recess formed between adjacent two of the multiple rib boards of the lower connecting base [Image 1 shows the second pivotal body 32 extending between the rib boards B];
{claim 4} that the pivot mechanism has two said first engaging portions [a first pivotal seat 221 and a first pivotal cap 222] and two said second engaging portions [a second pivotal seat 321 and a second pivotal cap 322]; each one of the two first engaging portions protrudes from a side of said rib board of the upper connecting base [Image 1 shows the first pivotal seat 221 and first pivotal cap 222 extending between the rib boards A]; and each one of the two second engaging portions protrudes from a side of said rib board of the lower connecting base [Image 1 shows the second pivotal seat 321 and second pivotal cap 322 extending between the rib boards B] and is configured to be engaged with a respective one of the two first engaging portions [shown in Fig. 3];
{claim 5} that each one of the two second engaging portions has an inclined surface obliquely extending from said rib board of the lower connecting base [Image 2 (see below), surfaces 1 and 2 extend obliquely (along the O axis) away from the rib board shown in Image 1]; and an abutting surface vertically extending from said rib board of the lower connecting base and connected to the inclined surface [Image 1, surfaces 3 and 4 extend vertically away (along the V axis) from the lower connecting base, best shown in Figs. 3-7]; and when the upper post and the lower post are folded, each one of the two first engaging portion abuts the corresponding second engaging portion, moves along and passes the inclined surface of the corresponding second engaging portion, and is configured to abut the abutting surface of the corresponding second engaging portion [Fig. 3 shows that as the handle rod 20 and pivotal rod 30 are folded, the first engaging portion 22 and second engaging portion 32 are abutted regardless of position of pivot; as the first pivot seat 221 and first pivotal cap 222 as well as the second pivotal seat 321 and second pivotal cap 322 are integrally connected, the surfaces are always abutting each other];
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Image 2 – Lai, Fig. 7, Annotated
{claims 6-10} that the pivot mechanism has a buckle [locking member 24] and a locking component [locking recess 34] pivotally connected to the upper connecting base and the lower connecting base respectively [shown throughout, best shown in Fig. 3]; and when the upper post and the lower post are unfolded into a straight line, the buckle is configured to pivot and engage with the locking component [best shown in Fig. 2]; and
{claims 11-15} that the buckle and the at least one first engaging portion are respectively located on two opposite sides of a bottom of the upper connecting base [best shown in Fig. 4, locking member 24 and first pivotal body 22 are on opposite sides of handle rod 20]; and the locking component and the at least one second engaging portion are respectively located on two opposite sides of a top of the lower connecting base [best shown in Fig. 4, locking recess 34 and second pivotal body 32 are on opposite sides of pivotal rod 30].
It should be noted that the above rejection of claim 5 may be overcome if the applicant were to amend the claim to include more specific limitations regarding the structure of the mentioned elements.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Said prior art is related to folding measuring wheels, measuring wheels, and types of joinery that allow for folding devices.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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