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 § 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.
Claims 1-6, 12-15, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caelwaerts et al. (US20230115417) “Caelwaerts”.
Regarding claim 1, Caelwaerts discloses a laser level assembly (Fig. 2; 10) comprising: a mounting bracket (Fig. 2; 16); a laser level (Fig. 2; 30) rotatably mounted on the mounting bracket (Fig. 2; 16), the laser level (Fig. 2; 30) configured to project at least one of a horizontal line ([0002]), a vertical line ([0002]) or a laser spot; a rotational drive (Fig. 12 and Fig. 14; 130) in the mounting bracket (Fig. 2; 16) configured to drive rotation of the laser level (Fig. 2; 30) relative to the mounting bracket (Fig. 2; 16); a remote control (Fig. 33; 600) configured to receive user input (Fig. 33; 608) for operation of the laser level assembly (Fig. 2; 10); a control panel (Fig. 5; 38) on the mounting bracket (Fig. 2; 16), the control panel (Fig. 5; 38) configured to receive user input ([0065]) for operation of the laser level assembly (Fig. 2; 10); wherein the rotational drive (Fig. 12 and Fig. 14; 130) comprises a worm screw (Fig. 14; 134) and a worm wheel (Fig. 14; 138).
Regarding claim 2, Caelwaerts discloses the laser level assembly of claim 1, wherein the rotational drive (Fig. 12 and Fig. 14; 130) comprises a motor (Fig. 14; 140).
Regarding claim 3, Caelwaerts discloses the laser level assembly of claim 2, wherein the motor (Fig. 14; 140) is configured to drive the worm screw (Fig. 14; 134).
Regarding claim 4, Caelwaerts discloses the laser level assembly of claim 2, wherein the worm wheel (Fig. 14; 138) is operatively connected to the laser level (Fig. 2; 30) so that when the worm wheel (Fig. 14; 138) rotates, the laser level (Fig. 2; 30) is driven to rotate relative to the mounting bracket (Fig. 2; 16).
Regarding claim 5, Caelwaerts discloses the laser level assembly of claim 4, further comprising a biasing member (Fig. 15; 174); wherein the biasing member (Fig. 15; 174) biases the worm screw (Fig. 14; 134) towards engagement with the worm wheel (Fig. 14; 138).
Regarding claim 6, Caelwaerts discloses the laser level assembly of claim 5, wherein the biasing member (Fig. 15; 174) comprises a spring (“wave spring”).
Regarding claim 12, Caelwaerts discloses the laser level assembly of claim 2, further comprising a remote control (Fig. 33; 600); wherein the motor (Fig. 14; 140) is configured to operate in response to user inputs (Fig. 33; 608) on the remote control (Fig. 33; 600).
Regarding claim 13, Caelwaerts discloses a laser level assembly (Fig. 2; 10) comprising: a mounting bracket (Fig. 2; 16); a laser level (Fig. 2; 30) rotatably mounted on the mounting bracket (Fig. 2; 16), the laser level (Fig. 2; 30) configured to project at least one of a horizontal line ([0002]), a vertical line [(0002)] or a laser spot; a rotational drive (Fig. 12 and Fig. 14; 130) in the mounting bracket (Fig. 2; 16) configured to drive rotation of the laser level (Fig. 2; 30) relative to the mounting bracket (Fig. 2; 16); wherein the rotational drive (Fig. 12 and Fig. 14; 130) comprises a motor (Fig. 14; 140), a worm screw (Fig. 14; 134), and a worm wheel (Fig. 14; 138); wherein a longitudinal axis of the worm screw (Fig. 14; 134) is aligned with a rotational axis (Fig. 12) of the motor (Fig. 14; 140); wherein the motor (Fig. 14; 140) is configured to drive the worm screw (Fig. 14; 134); wherein the worm wheel (Fig. 14; 138) is configured to be driven by the motor (Fig. 14; 140) through the worm screw (Fig. 14; 134); and wherein the laser level (Fig. 2; 30) is operatively connected to the worm wheel (Fig. 14; 138) such that the laser level (Fig. 2; 30) rotates in response to rotation of the worm wheel (Fig. 14; 138).
Regarding claim 14, Caelwaerts discloses the laser level assembly of claim 13, further comprising a biasing member (Fig. 15; 174); wherein the biasing member (Fig. 15; 174) biases the worm screw (Fig. 14; 134) towards engagement with the worm wheel (Fig. 14; 138).
Regarding claim 15, Caelwaerts discloses the laser level assembly of claim 14, wherein the biasing member (Fig. 15; 174) comprises a spring ([0057]; “wave spring”).
Regarding claim 21, Caelwaerts discloses the laser level assembly of claim 13, further comprising a remote control (Fig. 33; 600); wherein the motor (Fig. 14; 140) is configured to operate in response to user inputs (Fig. 33; 608) on the remote control (Fig. 33; 600).
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 7-9, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Caelwaertrs in view of Gould et al. (US20200225034) “Gould”.
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Regarding claim 7, Caelwaerts discloses the laser level assembly of claim 4, wherein the worm screw (Fig. 14; 134) has a rotational axis (Fig. 12) about which the worm screw (Fig. 14; 134) rotates; wherein the rotational axis (Fig. 12) is disposed at an angle.
Caelwaerts does not disclose a flat rear surface.
Gould teaches a flat rear surface (Fig 1; back of vertical portion of 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to place Caelwaerts’ worm screw at an angle relative to Gould’s flat rear surface, allowing more compact housing of Caelwaerts’ worm screw and easier flush mounting of Caelwaerts’ laser level assembly.
Regarding claim 8, Caelwaerts discloses the laser level assembly of claim 7.
Caelwaerts does not disclose a plurality of magnets at the flat rear surface.
Gould teaches a plurality of magnets (Fig 6; 72 and [0037]) at the flat rear surface (Fig 1; back of vertical portion of 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Gould’s plurality of magnets on Caelwaerts’ mounting bracket, allowing Caelwaerts’ laser level assembly to be more quickly and securely mounted to magnetic structures without additional fasteners.
Regarding claim 9, Caelwaerts discloses the laser level assembly of claim 1, and the mounting bracket (Fig. 2; 16).
Caelwaerts does not disclose an attachment bracket and a movable bracket; wherein the movable bracket is translatable relative to the attachment bracket.
Gould teaches an attachment bracket (Fig. 1; 22) and a movable bracket (Fig. 1; 20); wherein the movable bracket (Fig. 1; 20) is translatable relative to the attachment bracket (Fig. 1; 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Gould’s attachment bracket and translatable movable bracket with Caelwaerts’ laser level mounting bracket, allowing finer height adjustment and improving laser level accuracy.
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Regarding claim 16, Caelwaerts discloses the laser level assembly of claim 15, wherein the worm screw (Fig. 14; 134) has a rotational axis (Fig. 12) about which the worm screw (Fig. 14; 134) rotates; wherein the rotational axis (Fig. 12) is disposed at an angle.
Caelwaerts does not disclose a flat rear surface.
Gould teaches a flat rear surface (Fig 1; back of vertical portion of 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to place Caelwaerts’ worm screw at an angle relative to Gould’s flat rear surface, allowing more compact housing of Caelwaerts’ worm screw and easier flush mounting of Caelwaerts’ laser level assembly.
Regarding claim 17, Caelwaerts discloses the laser level assembly of claim 16.
Caelwaerts does not disclose a plurality of magnets at the flat rear surface.
Gould teaches a plurality of magnets (Fig 6; 72 and [0037]) at the flat rear surface (Fig 1; back of vertical portion of 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Gould’s plurality of magnets on Caelwaerts’ mounting bracket, allowing Caelwaerts’ laser level assembly to be more quickly and securely mounted to magnetic structures without additional fasteners.
Regarding claim 18, Caelwaerts discloses the laser level assembly of claim 13, and the mounting bracket (Fig. 2; 16).
Caelwaerts does not disclose an attachment bracket and a movable bracket; wherein the movable bracket is translatable relative to the attachment bracket.
Gould teaches an attachment bracket (Fig. 1; 22) and a movable bracket (Fig. 1; 20); wherein the movable bracket (Fig. 1; 20) is translatable relative to the attachment bracket (Fig. 1; 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Gould’s attachment bracket and translatable movable bracket with Caelwaerts’ laser level mounting bracket, allowing finer height adjustment and improving laser level accuracy.
Claims 10-11, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Caelwaertrs.
Regarding claims 10 and 19, Caelwaerts discloses the laser level assembly of claim 1 and the laser level assembly of claim 13, wherein a range of rotational movement (Fig 3; 33 and Fig. 4; 34) of the laser level (Fig. 2; 30) relative to the mounting bracket (Fig. 2; 16).
Although Caelwaerts discloses a range of rotational movement, Caelwaerts does not disclose the specific values of 10 degrees to 90 degrees.
The examiner takes official notice that this range of rotational degrees are known in the art for laser level mounts of this type. Selecting this specific range of 10 degrees to 90 degrees is routine optimization within the capabilities of a person of ordinary skill in the art.
Regarding claims 11 and 20, Caelwaerts discloses the laser level assembly of claim 1 and the laser level assembly of claim 13, wherein a range of rotational movement (Fig 3; 33 and Fig. 4; 34) of the laser level (Fig. 2; 30) relative to the mounting bracket (Fig. 2; 16).
Although Caelwaerts discloses a range of rotational movement, Caelwaerts does not disclose the specific values of 15 degrees to 60 degrees.
The examiner takes official notice that this range of rotational degrees are known in the art for laser level mounts of this type. Selecting this specific range of 15 degrees to 60 degrees is routine optimization within the capabilities of a person of ordinary skill in the art.
Conclusion
The following prior art, made of record and not relied upon, is considered pertinent to applicant's disclosure:
US 5754582, particularly Figs. 17A-17C, discloses a laser level device with a motor-driven module housing rotatable about a vertical axis, and controlled with a remote control.
US 7152334 discloses a support frame for positioning a laser beam level, and controlled with a remote control.
US 9188441 discloses a rotary laser level configured to rotate with respect to a support structure, and controlled with a remote control.
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.
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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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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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