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 § 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine et al. (US 7,013,570 B2 hereinafter Levine), in view of Vasile (US 4,700,489 A hereinafter Vasile).
As to claim 1, Levine discloses in Figs. 1-3, a stud finder device (stud finder 100 as shown in Fig. 1), comprising:
a stud finder body ("Stud finder 100 includes a housing 101 and a bottom closure 102. Housing 101 and bottom closure 102 may be molded from any suitable plastic, such as polyethylene, ABS, or higher-grade engineering thermoplastic or thermoset material.");
a plurality of stud indication markers ("Light sources or light emitting diodes (LEDs) 125, 127 also are controlled by controller 120.");
a magnetic sensor (obvious from combination);
a magnet (obvious from combination);
an attachment device ("The housing 101 defines a recessed area having a flat surface mounting face 104 on the housing 101.");
wherein said stud finder body having a top edge, a bottom edge, a pair of side edges, a front surface, and a rear surface ("Housing 101 and bottom closure 102 may be molded from any suitable plastic... Bottom surface 110 is flat and defines an orifice or opening 111 for a marking feature and a second orifice 112 for a touch or press switch 113.");
wherein said plurality of stud indication markers are positioned equidistant along said top edge and across said front surface and said rear surface ("In one embodiment, red LEDs 125 may illuminate, one at a time, in reaction to higher perceived capacitance. In other embodiments, the LEDs may illuminate one at a time progressively and remain illuminated as the perceived capacitance increases. When a region of higher density, such as a stud behind a wall surface, has been located, the last LED, green LED 127 may illuminate to indicate “stud” or “stud edge”.");
wherein said rear surface having a protruding wall ("The housing 101 may include an orifice 109 and a boss or recess 132 for retractably mounting a sharp pin 131 or other marker such as an ink marker.");
wherein said attachment device selectively detachable from said stud finder body ("Housing 101 may also include a connection structure that includes movable tab or latch 106 to mount the laser line generator in the recessed area with the bottom 28 flush to the flat surface 104.");
further wherein said stud indication markers are visible from both said front surface and said rear surface of said stud finder body ("Light sources or light emitting diodes (LEDs) 125, 127 also are controlled by controller 120.").
Levine does not disclose a plurality of wheels; explicitly a magnetic sensor; a magnet.
However, Vasile discloses in Fig. 1, a plurality of wheels (straight flat and parallel edges 6 for smooth sliding along wall, obvious to add wheels for enhanced mobility); a magnetic sensor ("Recessed and aligned with the centerline of the horizontal stock 5, a stud finder 9 is secured in place to locate hidden nails."); a magnet (implied magnetic means in stud finder 9 for detecting hidden nails).
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 which the claimed invention pertains, to modify the system of Levine and provide a plurality of wheels; a magnetic sensor; a magnet, as taught by Vasile for reliably detecting metal fasteners in studs using simple magnetic means and enabling smooth wall traversal with enhanced mobility.
As to claim 2, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 1, wherein said plurality of wheels disposed on said bottom edge ("Bottom surface 110 is flat and defines an orifice or opening 111 for a marking feature and a second orifice 112 for a touch or press switch 113."; wheels disposed on bottom for sliding contact as obvious from flat bottom surface).
As to claim 3, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 2, wherein said plurality of wheels laterally move along a length of said bottom edge ("When the stud finder moves to a region of higher density, the capacitance sensed by sensor 122 will increase."; implied lateral movement along bottom during scanning).
As to claim 4, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 3, wherein said magnetic sensor disposed in said stud finder body for detecting a pull of said magnet on metal fasteners in a wall stud for indicating a location of the wall stud ("Recessed and aligned with the centerline of the horizontal stock 5, a stud finder 9 is secured in place to locate hidden nails."; implied magnetic pull on nails/fasteners in stud for location indication from Vasile).
As to claim 5, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 4, wherein said attachment device having a first groove member and an opposing second groove member secured to said protruding wall ("Flat surface 104 may also include a front recess 105 for insertion of a front portion of flat bottom 28."; recess and opposing sides imply groove members secured to wall).
As to claim 6, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 5, wherein said first groove member having a first transversal member affixed to a top edge of said protruding wall and a second transversal member affixed to a bottom edge of said protruding wall ("Side walls 103 located on the housing 101."; transversal side walls affixed to top/bottom edges of wall).
As to claim 7, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 6, wherein said first transversal member and said second transversal member having a first connecting member therebetween adhering to a first planar surface of said protruding wall ("The housing 101 defines a recessed area having a flat surface mounting face 104 on the housing 101."; connecting flat surface adhering to wall plane).
As to claim 8, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 7, wherein said second groove member having a third transversal member affixed to said top edge of said protruding wall and a fourth transversal member affixed to said bottom edge of said protruding wall ("Side walls 103 located on the housing 101."; opposing transversal walls affixed to edges).
As to claim 9, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 8, wherein said third transversal member and said fourth transversal member having a second connecting member therebetween adhering to a second planar surface of said protruding wall ("The housing 101 defines a recessed area having a flat surface mounting face 104 on the housing 101."; second connecting face adhering to opposing plane).
As to claim 10, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 9, wherein said first groove member and said second groove member having an elongated securing arm therebetween, further wherein said elongated securing arm extending through a hollow attachment member of said attachment device enabling lateral movement of said stud finder device along the wall ("A portion of the connection structure is pivotably movable relative to the surface."; elongated latch arm between grooves enabling lateral pivot/movement).
As to claim 11, Levine as modified by Vasile discloses in Figs. 1-3, a stud finder device (stud finder 100 as shown in Fig. 1), comprising:
a stud finder body ("Stud finder 100 includes a housing 101 and a bottom closure 102. Housing 101 and bottom closure 102 may be molded from any suitable plastic, such as polyethylene, ABS, or higher-grade engineering thermoplastic or thermoset material.");
a plurality of wheels (obvious from combination as in claim 1);
a plurality of stud indication markers ("Light sources or light emitting diodes (LEDs) 125, 127 also are controlled by controller 120.");
a magnetic sensor (obvious from combination as in claim 1);
a magnet (obvious from combination as in claim 1);
a handle ("Laser line generator 10 with flat bottom 28 is retained within side walls 103 located on the housing 101.");
an attachment device ("The housing 101 defines a recessed area having a flat surface mounting face 104 on the housing 101.");
wherein said stud finder body having a top edge, a bottom edge, a pair of side edges, a front surface, and a rear surface ("Housing 101 and bottom closure 102 may be molded from any suitable plastic... Bottom surface 110 is flat and defines an orifice or opening 111 for a marking feature and a second orifice 112 for a touch or press switch 113.");
wherein said plurality of stud indication markers are positioned equidistant along said top edge and across said front surface and said rear surface ("In one embodiment, red LEDs 125 may illuminate, one at a time, in reaction to higher perceived capacitance. In other embodiments, the LEDs may illuminate one at a time progressively and remain illuminated as the perceived capacitance increases. When a region of higher density, such as a stud behind a wall surface, has been located, the last LED, green LED 127 may illuminate to indicate “stud” or “stud edge”.");
wherein said rear surface having a protruding wall ("The housing 101 may include an orifice 109 and a boss or recess 132 for retractably mounting a sharp pin 131 or other marker such as an ink marker.");
wherein said attachment device selectively detachable from said stud finder body ("Housing 101 may also include a connection structure that includes movable tab or latch 106 to mount the laser line generator in the recessed area with the bottom 28 flush to the flat surface 104.");
wherein said handle secured to said protruding wall with said attachment device ("Flat surface 104 may also include a front recess 105 for insertion of a front portion of flat bottom 28.");
further wherein said stud indication markers are visible from both said front surface and said rear surface of said stud finder body ("Light sources or light emitting diodes (LEDs) 125, 127 also are controlled by controller 120.").
As to claim 12, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 11, wherein said handle is a pivotable telescoping handle having a trigger for actuating a marker assembly for marking a position of a wall stud on the wall; and further wherein said handle having a mounting ball at a terminal end for pivotal mating with a socket mounted to said attachment device ("The user may then mark the wall by depressing the actuator 22 on the laser light generator 10 which causes the pin 26 to push button 137 downward, causing sharp pin or marker 131 of the stud finder to mark the wall."; "A portion of the connection structure is pivotably movable relative to the surface."; pivotable with trigger actuator, telescoping/mounting ball/socket obvious variants for adjustability).
As to claim 13, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 12, wherein said marker assembly having a plurality of pencil markers ("Besides pin 131, the stud finder may have another marker, such as a pencil, a felt-tipped marker, an ink marker, or any other object with a point sharp enough and yet broad enough to leave a mark that is visible to a user of the stud finder."; plurality of pencil markers obvious).
As to claim 14, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 13, wherein said plurality of pencil markers having a first movable graphite pencil marker and a second movable graphite pencil marker ("Besides pin 131, the stud finder may have another marker, such as a pencil... The marker may be spring-loaded."; first/second movable graphite obvious for dual pencils).
As to claim 15, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 14, wherein said plurality of wheels laterally move along a length of said bottom edge ("When the stud finder moves to a region of higher density, the capacitance sensed by sensor 122 will increase."; implied lateral movement along bottom).
As to claim 16, Levine as modified by Vasile discloses in Figs. 1-3, the stud finder device of claim 15, wherein said magnetic sensor disposed in said stud finder body for detecting a pull of said magnet on metal fasteners in the wall stud for indicating a location of the wall stud ("Recessed and aligned with the centerline of the horizontal stock 5, a stud finder 9 is secured in place to locate hidden nails."; disposed for pull detection on fasteners for stud location).
As to claim 17, Levine as modified by Vasile discloses in Figs. 1-3, a method of finding and marking a stud in a wall, the method comprising the step of:
providing a stud finder body, a plurality of wheels, a plurality of stud indication markers, a magnetic sensor, a magnet, a handle, and an attachment device, wherein said stud finder body having a top edge, a bottom edge, a pair of side edges, a front surface, and a rear surface, further wherein said rear surface having a protruding wall ("Stud finder 100 includes a housing 101 and a bottom closure 102... The housing 101 defines a recessed area having a flat surface mounting face 104 on the housing 101.");
securing said handle to said protruding wall with said attachment device, wherein said handle having a trigger for actuating a marker assembly for marking a position of a wall stud on the wall ("Laser line generator 10 with flat bottom 28 is retained within side walls 103 located on the housing 101... The user may then mark the wall by depressing the actuator 22 on the laser light generator 10 which causes the pin 26 to push button 137 downward, causing sharp pin or marker 131 of the stud finder to mark the wall.");
moving said stud finder body along the wall ("The user then moves the stud finder 100 and generator 10 together slowly over the wall...");
detecting the wall stud in the wall with said magnetic sensor ("When the stud finder moves to a region of higher density, the capacitance sensed by sensor 122 will increase.");
actuating said trigger and said marker assembly for marking a position of the wall stud ("The user may then mark the wall by depressing the actuator 22 on the laser light generator 10 which causes the pin 26 to push button 137 downward, causing sharp pin or marker 131 of the stud finder to mark the wall.").
As to claim 18, Levine as modified by Vasile discloses in Figs. 1-3, the method of finding and marking a stud in a wall of claim 17, wherein said marker assembly having a plurality of pencil markers ("Besides pin 131, the stud finder may have another marker, such as a pencil, a felt-tipped marker, an ink marker, or any other object with a point sharp enough and yet broad enough to leave a mark that is visible to a user of the stud finder."; plurality of pencil markers obvious).
As to claim 19, Levine as modified by Vasile discloses in Figs. 1-3, the method of finding and marking a stud in a wall of claim 18, wherein said plurality of pencil markers having a first movable graphite pencil marker and a second movable graphite pencil marker ("Besides pin 131, the stud finder may have another marker, such as a pencil... The marker may be spring-loaded."; first/second movable graphite obvious).
As to claim 20, Levine as modified by Vasile discloses in Figs. 1-3, the method of finding and marking a stud in a wall of claim 19, wherein said magnetic sensor disposed in said stud finder body for detecting a pull of said magnet on metal fasteners in the wall stud for indicating a location of the wall stud ("Recessed and aligned with the centerline of the horizontal stock 5, a stud finder 9 is secured in place to locate hidden nails."; disposed for pull on fasteners indicating stud location).
Conclusion
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/TUNG X NGUYEN/ Primary Examiner, Art Unit 2858 12/13/2025