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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-16 and 21-24 in the reply filed on 24 AUG 2026 is acknowledged.
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 1-4, 6-9, 11 and 14 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Miller (US Pat. No. 4,642,898).
Regarding claim 1, Miller discloses:
A support (FIG 1), 10, comprising:
a main body 12 comprising an attachment part 25 for removably attaching the support to a tool (see col. 3, ll. 13-32); an adjustment part 40 attached to the main body and comprising a mount 50 for removably mounting a distance measurement device 41 thereto;
wherein the mount is movable with respect to the main body to adjust a position of the distance measurement device with respect to the main body (col. 2, l. 52-col. 3, l. 3).
Regarding claims 2-4, FIG 1 of Miller discloses that the adjustment part may be used as claimed.
Regarding claims 6-8 and 11, FIG 1 of Miller discloses that the mount may be used as claimed.
Regarding claim 9, FIG 1 of Miller discloses that the attachment part comprises a clamp as claimed.
Regarding claim 14, FIG 1 of Miller discloses that the distance measurement device may be used as claimed.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Eldridge et al. (US Pat. No. 5,333,391).
Miller discloses the invention substantially as claimed. However, Miller does not disclose a ratchet mechanism or a rack-and-pinion mechanism as claimed. Eldridge et al. discloses a rack-and-pinion mechanism (see col. 3, ll. 5-16) used for the purpose of moving an adjustment device incrementally. 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 the rack-and-pinion mechanism taught by Eldridge et al. in conjunction with the Miller adjustment part to move the adjustment part of Miller incrementally.
Claims 10, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Teetzel et al. (US Pub. No. 2007/0214551).
Miller discloses the invention substantially as claimed. However, Miller does not disclose bayonet-fitment connectors as claimed. Teetzel et al. discloses bayonet-fitment connectors (see [0061]) used for the purpose connecting components in a measuring device. 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 the bayonet-fitment connectors taught by Teetzel et al. in conjunction with the Miller device for the purpose of connecting components of the Miller device together.
Claims 15, 16 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Shi et al. (US Pat. No. 10,627,201).
Miller discloses the invention substantially as claimed. However, Miller does not disclose a distance measuring wheel or display as claimed. Shi et al. discloses a distance measuring wheel 2 and a display 3 used for the purpose of measuring distance. 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 the measuring wheel and display taught by Shi et al. in conjunction with the Miller device as an alternate means of measuring distance with the Miller device.
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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6 OCT 2026
