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 .
Drawings
2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the mounting end of the tape wheel and the locking indent of the thumb lock member[no element number given in specification] must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
3. The drawings are objected to because Fig. 3 has an arrow to an element that is unlabeled, and the resolution of Fig. 13 is too poor to ascertain which features are being called out in the figure (namely elements 114, 120 126, 128, 134, 136, 138, etc.). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
4. The disclosure is objected to because of the following informalities: the claim limitation "mounting end", recited in the specification at least at page 10 lines 24-25 does not have an element number. Further, the relation of the "mounting end" to the retractable measuring tape 32 and the tape reel 16 is unclear. The explanation that "tape reel 16 may include a mounting end 38" [page 10 line 24] points to the mounting end being a portion of the tape reel - however, mounting end 38 appears to be part of retractable measuring tape 32 [see Fig. 13].
Claim limitation “locking indent” of para. [0099] similarly does not have an element number.
Appropriate correction is required.
Claim Objections
5. Claim 12 is objected to because of the following informalities: claim 12 recites "wherein said tape reel including a mounting end". Although this is supported in the specification [page 10 lines 24-25, (see above objection to the specification)], the figures [Fig. 13] show the mounting end being part of the retractable measuring tape [element 32]. As written, it is unclear whether the mounting end is related to the tape reel or the retractable measuring tape. For the purposes of examination, Examiner will read that the mounting end is a portion of the retractable measuring tape, as shown in Fig. 13. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6. Claims 10-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term(s) “substantially parallel" and "substantially perpendicular” in claim 10 is/are a relative term(s) which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As written, it is unclear to what deviation from parallel or perpendicular is acceptable for the claim limitations, if any. For the purposes of examination, Examiner will interpret "substantially parallel" and "substantially perpendicular" to mean "parallel" and "perpendicular", respectively.
Claims 11-16 are dependent upon claim 10 and therefore inherit the above deficiencies.
The term “substantially offset” in claim 14 is a relative term which renders the claim indefinite. The term “substantially offset” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As written, it unclear to what degree the vertical element must be offset from the pull tab. For the purposes of examination, Examiner will interpret “substantially offset” to mean “offset”.
The term “substantially moveable” in claim 17 is a relative term which renders the claim indefinite. The term “substantially moveable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As written, it is unclear to what degree the thumb lock member must be moveable along said front portion. For the purposes of examination, Examiner will interpret "substantially moveable" to mean "moveable".
Claims 18-20 are dependent upon claim 17, and therefore inherit the above deficiencies.
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.
7. Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McEwan (US 20080196265 A1; McEwan, S. et al. - hereinafter "McEwan").
In regard to claims 1-9, McEwan discloses:
{claim 1} a measuring device [tape measure 10] comprising: a split housing [housing 12, split shown in Figs. 2 and 17-21] supporting a retractable measuring tape [tape 80] in a static state [Figs. 1-2 show tape supported in retracted state]; an elongated barbed projection assembly [end fitting 210 with tape coupler 90] coupled in an operative association with said measuring tape {use and attachment described in paras. [0034]-[0035]}; and an inner frame secured [rotating body 40] between said split housing [shown at least in Fig. 2], wherein said inner frame having an externally exposed barb projection pocket [exit channel 50] adapted to secure said elongated barbed projection assembly [Figs. 15-17 show views of the rotating body 40 including a peripheral wall 48 with exit channel 50, at least Figs. 2, 14, and 17 show the tape coupler 90 (part of the elongated barbed projection assembly) secured in the exit channel];
{claim 2} that said split housing includes a first housing having a plurality of finger notch silhouettes [handle 20 in Fig. 1 shows grooves on either side that function as finger notches];
{claim 3} that said split housing includes a second housing having a central locking extension [crank mechanism 76 coupled to the reel 70];
{claim 4} that said second housing has an aft receiving shelf [peripheral wall portion 48a];
{claim 5} that said second housing has a fore receiving shelf [peripheral wall portion 48b];
{claim 6} that said second housing has a lower rest [lower arm 30];
{claim 7} including a stop lip [Fig. 16 shows that the tape exit port 52 has walls that are a stop];
{claim 8} that said inner frame has a tape guide [peripheral wall 48] adjacent said barb projection pocket [best shown in Fig. 17]; and
{claim 9} that said inner frame has a tape guide [peripheral wall 48] adjacent said barb projection pocket [best shown in Fig. 17].
8. Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blackman, Lock (US 5806202 A; Blackman W. et al. - hereinafter "Blackman, Lock").
In regard to claims 17-20, Blackman, Lock discloses:
{claim 17} a measuring device [measuring tape, abstract] comprising: a housing [casing, abstract] supporting a retractable measuring tape [power return measuring tape, abstract; coil measuring tape 30 with a spring-powered return mechanism], wherein said housing having a front portion [front portion 20] exposing an end of said retractable measuring tape [shown in Fig. 1] and a rear portion [rear portion 21]; and a thumb lock member [locking member 40] substantially moveable along said front portion [slidably mounted in a casing, abstract], and wherein said thumb lock member having a locking indent at an upper end [finger pad 42] and an opposing lower lip at a lower end [body portion 44];
{claim 18} said thumb lock member including an inner recessing surface aligned along an upper portion of said thumb lock member [shown in Fig. 3], and wherein said inner recessing surface adapted to recess inside a channel of said housing [shown in Fig. 3, slotted aperture 36];
{claim 19} said thumb lock member including an inner abutting surface aligned along a lower portion of said thumb lock member [lock surface 66, Fig. 5], and wherein said inner abutting surface adapted to abut a stop lip of said housing to prevent movement beyond said stop lip [shown in Fig. 5, col. 4 lines 33-67]; and
{claim 20} said locking indent adapted to lock into a nub of said housing [stop wall 37] to define a retractable pressure lock of said thumb lock member about said housing [stop wall 37 receives locking member 40 in the retracted position].
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.
9. Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Richard (US 8776389 B2; Richard F. - hereinafter "Richard") in view of Blackman, Hook (US 5600894 A; Blackman W. et al. - hereinafter "Blackman, Hook").
In regard to claim 10, Richard teaches a measuring device [tape-measure device 1] comprising: a retractable measuring tape secured about a tape reel [tape with a reel, the tape rolled/unrolled around the reel (abstract)]; and elongated barbed projection assembly [end piece 6] coupled in an operative association with said measuring tape [shown in Figs. 1-7] and wherein said elongated barbed projection assembly being aligned substantially parallel to a longitudinal axis of said measuring tape in a first static storage position [shown in Figs. 5 and 7], and adapted to hinge to a second operating position being substantially perpendicular to a distal end of said measuring tape [hinging of end piece best shown in Figs. 305, Fig. 3 showing the end piece 6 at the distal end of the tape 2 in a state perpendicular to the tape].
Richard does not teach that the end piece includes a length of barbed projection having a plurality of barbs with the barbs being perpendicular to the longitudinal axis of the measuring tape.
However, a folding end piece (also known as a folding hook) with barbs is well-known in the art, as taught by Blackman, Hook. Blackman, Hook also teaches an elongated barbed projection assembly [hooking device 19], as well as a length of barbed projections [hook member 20 with supporting side surfaces 130] with a plurality of barbs [barbs 140], and the barbs are either perpendicular or parallel to the tape measure depending on its state [col. 2 lines 43-57 describe the hook member 20 being parallel or perpendicular depending on if it is in the extended position or retracted position].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted Blackman, Hook’s hooking device with barbs for Richard’s end piece in order to better increase the traction of the hook on a surface, as taught by Blackman, Hook (abstract).
In regard to claims 11-16, Richard further teaches:
{claim 11} said tape reel including a wound spring return [col. 2 lines 52-53 describe the reel rolling and unrolling around a winding axis, spring-winding reels are well-known in the art] and a locking notch [stop button 7];
(claim 12} said tape reel including a mounting end [distal/front end of the tape 2] having at least one mounting hole adapted to align with an associated mounting aperture of said elongated barbed projection assembly [col. 3 lines 26-30 describe the end piece being integrally formed with the tape, Fig. 1 shows the silhouette of the element of the end piece integrally formed with the measuring tape, an end piece (or hook) of a tape measure having a tang inserted into a measuring tape is well-known in the art];
{claim 13} said elongated barbed projection assembly including an upper hinge [shown at least in Fig. 2, formed of two wings 12 and 13] having a horizontal portion [wing 13] and an adjacent vertical portion [wing 12];
{claim 14} a horizontal portion having a pull tab [guide opening 9 would assist in opening], wherein said pull tab including a substantially offset vertical element [shown in Fig. 2];
{claim 15} a pair of stop shoulders having corresponding upper hinge openings adapted to receive a pivot pin [lugs 15 in holes of wings 12 and 13 at axis of rotation 11], and wherein said stop shoulders [guide shoulders] adapted to secure a barb projection opening therebetween [opening 5 of shell 3 includes guide shoulder 8 with first surface 81 (Fig. 2), col. 4 lines 45-47 describes the end piece 6 contacting the shell to form a rolling stop, and Fig. 1 shows the groove formed in opening 5 aligned to receive the wing 12, thus securing the assembly in the folded state]; and
{claim 16} said elongated barbed projection assembly including a reinforcement rib [sliding surface 60 functions to reinforce the wing 12 of end piece 16].
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited prior art pertains to measuring tapes, their housings, their hooks, and other features associated with measuring tapes.
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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