Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This office action is in response to communication filed 7/11/25.
Response to Amendment
The examiner acknowledges the amendment of claims 1,12,16, and 19.
Response to Arguments
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
The reference of Hirano is relied upon for teaching the laser level comprising a housing and a laser assembly generating a laser beam that projects outside of the housing onto a surface (col. 2 line 66-col. 3 line 17, col. 4 lines 35-46, fig. 6); and a control device, the control device being separate from the housing and configured to selectively control operation of the laser level through wireless communication with the laser level (col. 4 lines 65-col. 5 line 5). Gamal teaches the laser level becomes configured to change operational states based on a subset of wireless communication control signal by the remote control transmitting a wireless signal to change the rotation speed of the laser device (paragraph 046-48). The prior art of Gamal, Havase and Kuhanck is relied for teaching the control functions and the configuring of the controlled device in order to enable the controlled device to be controlled remotely. The examiner considers the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged as the process of learning the remote control as the remote learning process as disclosed by Kohanek (paragraph 01) for enabling the remote to control the equipment. Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021). Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021). The use of the unique identifier of the remote control enable the controlled device to ignore control signals from other remote control devices.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hirano US Patent Application Publication 6184979 in view of Gamal US Patent Application Publication 20060107539 in view of Hayase et al. US Patent 6085155 and further in view of Kuhanek US Patent Application Publication 20090167555.
Regarding claim 1,3,7-8 and 10, Hirano teaches a laser level system, comprising:
a laser level, the laser level comprising a housing and a laser assembly generating a laser beam that projects outside of the housing onto a surface (col. 2 line 66-col. 3 line 17, col. 4 lines 35-46, fig. 6); and
a control device, the control device being separate from the housing and configured to selectively control operation of the laser level through wireless communication with the laser level (col. 4 lines 65-col. 5 line 5). Hirano is silent on teaching the control device is configured to control adjustment of a rotation speed of the laser diode assembly. Gamal in an analogous art teaches the control device is configured to control adjustment of a rotation speed of the laser assembly (paragraph 046). Gamal teaches the laser level becomes configured to change operational states based on a subset of wireless communication control signal by the remote control transmitting a wireless signal to change the rotation speed of the laser device (paragraph 046-48). Hayase teaches a diode as the laser source (col. 8 lines 41-50) and also teaches the control device comprises an up button, a down button, a left button and a right button (col. 3 lines 5-15,col. 8 lines 1-10). The examiner considers the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged as the process of learning the remote control as the remote learning process as disclosed by Kohanek (paragraph 01) for enabling the remote to control the equipment. Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Hirano as disclosed by Gamal in view of Hayase in view of Kohanek because such modification represents an improvement over the system of Hirano by providing a more adjustable device that is more adaptable to various environmental condition and further expanding the control functions of the remote control.
Regarding claim 2, Hirano teaches the laser system is configured to control the laser level to enter a manual mode of operation (control panel is used to initiate functions, col. 4 lines 58-61).
Regarding claim 4, Hirano teaches the laser level is in the manual mode of operation, the up button and the down button are configured to control adjustment of a tilt of the laser diode assembly (col. 2 lines 12-46).
Regarding claim 5, Hirano teaches the control device comprises a left button and a right button (switches 27).
Regarding claim 6, Hirano in view of Gamal is silent on teaching the control device is configured to control the laser level to enter a scan mode in which the laser beam sweeps in a back-and-forth motion. Hayase in an analogous art teaches the control device is configured to control the laser level to enter a scan mode in which the laser beam sweeps in a back-and-forth motion (col. 1 lines 34-49). Hayase also teaches the control device comprises an up button, a down button, a left button and a right button (col. 3 lines 5-15,col. 8 lines 1-10).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Hirano in view of Gamal as disclosed by Hayase in view of Kuhanek because such modification represents an improvement over the system Hirano in view of Gamal by allowing more functions of the laser device to be conveniently controlled remotely.
Regarding claim 9, Hirano teaches the laser level device include a power supply (4 lines 51-57) and the remote control inherently include a power supply for enabling the remote control to generate the control signal to the laser level (col. 4 lines 47-50).
Regarding claim 11, Hirano teaches a control panel on the housing of the laser level wherein the control panel comprises at least one button configured to control at least one function of the laser level (col. 4 lines 58-67).
Regarding claim 12-13,15, Hirano teaches a laser level system, comprising:
a laser level, the laser level comprising a housing and a laser source generating a laser beam that projects outside of the housing onto a surface (col. 2 line 66-col. 3 line 17, col. 4 lines 35-46, fig. 6); and a control device, the control device being separate from the housing and configured to selectively control operation of the laser level through wireless communication with the laser level (col. 4 lines 65-col. 5 line 5). Hirano teaches the laser system is configured to control the laser level to enter a manual mode of operation (control panel is used to initiate functions, col. 4 lines 58-61). Hirano is silent on teaching the control device is configured to control adjustment of a rotation speed of the laser diode assembly. Gamal in an analogous art teaches the control device is configured to control adjustment of a rotation speed of the laser assembly (paragraph 046). Hayase in an analogous art teaches the control device is configured to control the laser level to enter a scan mode in which the laser beam sweeps in a back-and-forth motion (col. 1 lines 34-49) and teaches a diode as the laser source (col. 8 lines 41-50). Hayase also teaches the control device comprises an up button, a down button, a left button and a right button (col. 3 lines 5-15,col. 8 lines 1-10). The examiner considers the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged as the process of learning the remote control as the remote learning process as disclosed by Kohanek (paragraph 01) for enabling the remote to control the equipment. Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021). The use of the unique identifier of the remote control enable the controlled device to ignore control signals from other remote control devices.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Hirano as disclosed by Gamal because such modification represents an improvement over the system of Hirano by providing a more adjustable device that is more adaptable to various environmental condition. The modification of Hirano in view of Gamal as disclosed by Hayase represents an improvement by adding more remote control functions of the laser device and allowing the function of the laser device to be conveniently controlled remotely.
Regarding claim 14, Hirano teaches the laser level is in the manual mode of operation, the up button and the down button are configured to control adjustment of a tilt of the laser diode assembly (col. 2 lines 12-46).
Regarding claims 16-17, Hirano in view of Gamal in view of Hayase is not explicit in teaching the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged. The examiner considers the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged as the process of learning the remote control as the remote learning process as disclosed by Kohanek (paragraph 01) for enabling the remote to control the equipment. Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Hirano in view of Gamal in view of Hayase as disclosed by Kohanek because such modification represent an improvement over the Hirano in view of Gamal by providing the means for allowing a remote control to be programed for controlling the laser level device.
Regarding claim 18, Hirano teaches a control panel on the housing of the laser level wherein the control panel comprises at least one button configured to control at least one function of the laser level (col. 4 lines 58-67).
2
Claims 19-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hirano US Patent Application Publication 6184979 in view of Gamal US Patent Application Publication 20060107539 in view of Hayase et al. US Patent 6085155 in view of Yoshida US Patent Application Publication 20090190165 and further in view of Kuhanek US Patent Application Publication 20090167555.
Regarding claim 19, Hirano teaches a laser level system, comprising:
a laser level, the laser level comprising a housing, a laser assembly generating a laser beam that projects outside of the housing onto a surface (col. 2 line 66-col. 3 line 17, col. 4 lines 35-46, fig. 6); and
a control device, the control device being separate from the housing and configured to selectively control operation of the laser level through wireless communication with the laser level (col. 4 lines 65-col. 5 line 5);
a control panel on the housing of the laser level wherein the control panel comprises at least one button configured to control at least one function of the laser level (col. 4 lines 58-67). Hirano is silent on teaching the control device is configured to control adjustment of a rotation peed of the laser device assembly. Gamal in an analogous art teaches the control device is configured to control adjustment of a rotation speed of the laser assembly (paragraph 046). Hayase in an analogous art teaches a diode as the laser source (col. 8 lines 41-50). Yoshida in an analogous art of remote control teaches the use of a remote control to place a device in a manual (paragraph 0132). The examiner considers the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged as the process of learning the remote control as the remote learning process as disclosed by Kohanek (paragraph 01) for enabling the remote to control the equipment. Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021). The use of the unique identifier of the remote control enable the controlled device to ignore control signals from other remote control devices.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Hirano as disclosed by Gamal in view of Hayase in view of Yoshida in view of Kuhanek because such modification represents an improvement over the system of Hirano by adding more remote control functions of the laser device and allowing the function of the laser device to be conveniently controlled remotely.
Regarding claim 20, Hirano in view of Gamal in view of Hayase is not explicit in teaching the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged. The examiner considers the laser level and the control device are configured to exchange a wireless communication signal and, after exchange of the wireless communication signal, the laser level is configured to accept wireless control command signals only from the control device with which the wireless communication signal was exchanged as the process of learning the remote control as the remote learning process as disclosed by Kohanek (paragraph 01) for enabling the remote to control the equipment. Kohanek teaches the control command signals provided by the control device include a unique identifier which identifies the control command signals as being provided by the control device. (paragraph 021).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Hirano in view of Gamal in view of Hayase in view of Yoshida as disclosed by Kohanek because such modification represent an improvement over the Hirano in view of Gamal by providing the means for allowing a remote control to be programed for controlling the laser level device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERNAL U BROWN whose telephone number is (571)272-3060. The examiner can normally be reached Monday-Friday, 8AM-5PM, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571 270 1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERNAL U BROWN/Primary Examiner, Art Unit 2686