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 Objections
Claims 1-20 are objected to because of the following informalities: the preambles of independent claims 1, 13, and 17 recite “a digital angle gauge”, while their respective dependent claim preambles recite “the digital level”. The independent claims and their dependent claims should recite consistent terminology.
Claims 7, 15, and 19 are objected to because of the following informalities: “orientation sensors measurement” should read “orientation sensor’s measurement”, as the claim recites a singular orientation sensor and the phrase is intended to denote the measurement of that sensor.
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.
Claims 5 and 6 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.
Claims 5 and 6 recites the limitation “the light guide". Claim 1, from which claims 5 and 6 depend, recite both a first light guide and a second light guide. There is insufficient antecedent basis for this limitation in the claim, as it is unclear whether “the light guide” refers to the first light guide, the second light guide, or both.
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 1-4, 7, 12-14, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Scioscia (US20210063134) “Scioscia”, in view of Mueckl et al. (US20200263983) “Mueckl”.
Regarding claim 1, Scioscia discloses a digital angle gauge (Fig. 1; 10) comprising: a housing body (Fig. 2; 42), comprising: a front surface (Fig. 1; see below) a rear surface (Fig. 1; see below) opposing the front surface (Fig. 1; see below), a first side surface (Fig. 1; see below), adjacent the front surface (Fig. 1; see below) and the rear surface (Fig. 1; see below), and a second side surface (Fig. 1; see below), adjacent the front surface (Fig. 1; see below) and the rear surface (Fig. 1; see below) and opposing the first side surface (Fig. 1; see below), an orientation sensor (Fig. 2; 18) configured to measure an orientation of the housing body (Fig. 2; 42) with respect to gravity; a printed circuit board (Fig. 2; 96) disposed in the housing body (Fig. 2; 42).
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Scioscia does not disclose having a first, second, third, fourth, fifth, nor sixth light opening; nor having a first light source and a second light source, wherein the first light source and the second light source emit light; nor a first light guide, directing the light from the first light source to the first light opening, the third light opening, and the fifth light opening; nor a second light guide, directing the light from the second light source to the second light opening, the fourth light opening, and the sixth light opening.
Mueckl teaches having a first, second, third, fourth, fifth, and sixth light opening ([0005]; “emissive components” and Fig. 3; 44); and having a first light source (Fig. 3; 60) and a second light source (Fig. 3; 62), wherein the first light source (Fig. 3; 60) and the second light source (Fig. 3; 62) emit light; and a first light guide (Fig. 3; 54), directing the light from the first light source (Fig. 3; 60) to the first light opening (Fig. 3; 44), the third light opening (Fig. 3; 44), and the fifth light opening (Fig. 3; 44); and a second light guide (Fig. 3; 54), directing the light from the second light source (Fig. 3; 62) to the second light opening (Fig. 3; 44), the fourth light opening (Fig. 3; 44), and the sixth light opening (Fig. 3; 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s light guides to guide a first and second light source to light openings on Scioscia’s digital angle gauge, improving visibility of Scioscia’s digital angle gauge.
Regarding claim 2, Scioscia discloses the digital level of claim 1.
Scioscia does not disclose the first source or the second source is a side emitting light emitting diode.
Mueckl teaches the first source (Fig. 3; 60) or the second source (Fig. 3; 62) is a side emitting light emitting diode ([0031]; “right-angle LEDs”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s side emitting light emitting diode in Scioscia’s digital level, improving reliability and reduce overall size of Mueckl’s first and second light source.
Regarding claim 3, Scioscia discloses the digital level of claim 1.
Scioscia does not disclose the first light guide has a concave portion at least partially covering the first light source.
Mueckl teaches the first light guide (Fig. 3; 54) has a concave portion (Fig. 4; 54) at least partially covering the first light source (Fig. 3; 60).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s concave first light guide in Scioscia’s digital level, to efficiently capture and direct light from Mueckl’s light source into Mueckl’s light guide.
Regarding claim 4, Scioscia discloses the digital level of claim 1.
Scioscia does not disclose the first light guide is of unitary construction.
Mueckl teaches the first light guide (Fig. 3; 54) is of unitary construction (Fig. 4; 54).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s first light guide of unitary construction in Scioscia’s digital level, ensuring better light transfer to all light openings and eliminating unwanted light leakage.
Regarding claim 7, Scioscia discloses the digital level of claim 1, further comprising a processor (Fig. 2; 28) configured to determine, based on the orientation sensors (Fig. 2; 18) measurement, a deviation ([0002]) of the digital level from a target orientation.
Regarding claim 12, Scioscia and Mueckl disclose the digital level of claim 1, wherein at least a portion of the front surface (Scioscia; Fig. 1) or the first side surface (Scioscia; Fig. 1) separates the first light opening (Mueckl; Fig. 3; 44) from the fifth light opening (Mueckl; Fig. 3; 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date to separate Mueckl’s first and fifth light openings by Scioscia’s first side surface, so that Mueckl’s first and fifth light openings are visible to a user from multiple angles, improving usability and visibility.
Regarding claim 13, Scioscia discloses a digital angle gauge (Fig. 1; 10) comprising: a housing body (Fig. 2; 42), comprising: a first surface (Fig. 1; see below); a second surface (Fig. 1; see below), opposing the first surface; a third surface (Fig. 1; see below), adjacent the first surface and the second surface; an orientation sensor (Fig. 2; 18) configured to measure an orientation of the housing body (Fig. 2; 42) with respect to gravity.
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Scioscia does not disclose having a first, second, nor third light opening; nor a light source, nor a light guide.
Mueckl teaches a first, second, and third light opening ([0005]; “emissive components” and Fig. 3; 44), and a light source (Fig. 3; 60), and a light guide (Fig. 3; 54).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s first light guide to guide a first light source to first, second, and third light openings on Scioscia’s digital angle gauge, making it easier a user to see if their level is at or near their desired angle.
Regarding claim 14, Scioscia discloses the digital level of claim 13. Scioscia does not disclose having a fourth, fifth, nor sixth light opening; nor a second light source, nor a second light guide.
Mueckl teaches a fourth, fifth, and sixth light opening ([0005]; “emissive components” and Fig. 3; 44); a second light source (Fig. 3; 62), and a second light guide (Fig. 3; 54).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s second light guide to guide a second light source to light fourth, fifth, and sixth light openings on Scioscia’s digital angle gauge, making it easier a user to see if their level is at or near their desired angle.
Regarding claim 16, Scioscia and Mueckl disclose the digital level of claim 13, wherein the first light guide (Mueckl; Fig. 3; 54) is of unitary construction (Mueckl; Fig. 4; 54).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s first light guide of unitary construction in Scioscia’s digital level, ensuring more efficient light transfer to all openings and eliminating unwanted light leakage.
Regarding claim 17, Scioscia discloses a digital angle gauge (Fig. 1; 10) comprising: a housing body (Fig. 2; 42), comprising: a front surface (Fig. 1; see below) a rear surface (Fig. 1; see below) opposing the front surface; a corner surface (Fig. 1; top edge of side), adjacent the front surface and the rear surface, and a base surface (Fig. 1; bottom surface); an orientation sensor (Fig. 2; 18) configured to measure an orientation of the base surface (Fig. 1; bottom surface) with respect to gravity.
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Scioscia does not disclose having a first, second, nor third light opening; nor having a light source and a light guide.
Mueckl teaches having a first, second, and third light openings ([0005]; “emissive components” and Fig. 3; 44), a light source (Fig. 3; 60) and a light guide (Fig. 3; 54).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s light source and light guide to guide light to a first, second, and third light openings on Scioscia’s digital angle gauge, improving visibility of Scioscia’s digital angle gauge and allowing a user to see if their level is at or near a desired angle from multiple viewing angles.
Regarding claim 18, Scioscia and Mueckl disclose the digital level of claim 13, wherein, the front surface (Scioscia; Fig. 1) has a fourth light opening (Mueckl; Fig. 3; 44), the rear surface (Scioscia; Fig. 1) has a fifth light opening (Mueckl; Fig. 3; 44), and the corner surface (Scioscia; Fig. 1) has a sixth light opening (Mueckl; Fig. 3; 44), the digital level further comprising: a second light source (Mueckl; Fig. 3; 62), wherein the second light source (Mueckl; Fig. 3; 62) emits light based on the measured orientation of the base surface (Scioscia; Fig. 1); and a second light guide (Scioscia; Fig. 3; 54), disposed in the housing body (Scioscia; Fig. 2; 42), directing the light from second light source (Mueckl; Fig. 3; 62) to the fourth light opening, the fifth light opening, and the sixth light opening (Mueckl; Fig. 3; 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s second light guide to guide a second light source to light fourth, fifth, and sixth light openings on Scioscia’s digital angle gauge, allowing a user to confirm if their level is at the correct angle.
Regarding claim 20, Scioscia and Mueckl disclose the digital level of claim 17,
wherein the first light guide (Mueckl; Fig. 3; 54) is of unitary construction (Mueckl; Fig. 4; 54)
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Mueckl’s first light guide of unitary construction in Scioscia’s digital level, yielding more efficient light transfer to all openings and eliminating light leakage.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Scioscia and Mueckl, further in view of Leidel et al. (US20190293420) “Leidel”.
Regarding claims 5 and 6, Scioscia and Mueckl disclose the digital level of claim 1.
Neither Scioscia nor Mueckl disclose silicone and polycarbonate.
Leidel teaches silicone ([0032]) and polycarbonate ([0025]).
It would have been obvious to one of ordinary skill in the art before the effective filing date for Mueckl’s light guide to be composed of silicone and polycarbonate, as taught by Leidel, allowing light to more easily pass through light guides.
Claims 8-11, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Scioscia and Mueckl, further in view of Wener (US20140039810) “Wener”.
Regarding claim 8, Scioscia and Mueckl disclose the digital level of claim 7.
Neither Scioscia nor Mueckl disclose a multicolor light emitting diode configured to emit green light, yellow light, or red light; and light emits, based on deviation.
Wener teaches a multicolor light emitting diode (Fig 4; 60) configured to emit green light ([0057]; “green LED light”), yellow light ([0057]; “yellow LED light”), or red light ([0057]; “red LED light”); and emits based on deviation ([0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Wener’s multicolor LED configured to emit green, yellow, and red light based on deviation in Scioscia’s digital level, making it easier for a user to determine their proximity to a target angle.
Regarding claims 9 and 10, Scioscia, Mueckl, and Wener disclose the digital level of claim 7, wherein: the light source (Mueckl; Fig. 3; 60) emits the green light (Wener; [0057]; “green LED light”) based on determining that the deviation of the digital level from the target orientation is less than 0.2 degrees (Wener; [0057]); the light source emits the yellow light ([0057]; “yellow LED light”) based on determining that the deviation of the digital level from the target orientation is greater than 0.2 degrees and less than 5 degrees (Wener; [0057]); and the light source emits the red light ([0057]; “red LED light”) based on determining that the deviation of the digital level from the target orientation is greater than 5 degrees (Wener; [0057]), wherein the light source (Mueckl; Fig. 3; 60) emits the light based on determining that the deviation of the digital level from the target orientation is less than 0.1 degrees (Wener; [0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Wener’s multicolor LED configured to emit green, yellow, and red light based on deviation in Scioscia’s digital level, making it easier for a user to determine their proximity to a target angle.
Regarding claim 11, Scioscia, Mueckl, and Wener disclose the digital level of claim 7, further comprising a user input (Wener; Fig. 4; 34) to set the target orientation.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Wener’s user input to set a target orientation in Scioscia’s digital level, allowing Scioscia’s digital level to accommodate any desired angle, improving versatility.
Regarding claim 15, Scioscia and Mueckl disclose the digital level of claim 13, further comprising: a processor (Scioscia; Fig. 2; 28), the orientation sensors (Scioscia; Fig. 2; 18), and the light source (Mueckl; Fig. 3; 60).
Neither Scioscia nor Mueckl disclose determining deviation from a target orientation is less than 0.1 degrees.
Wener teaches determining deviation from target orientation is less than 0.1 degrees ([0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to determine whether deviation from a target orientation is less than 0.1 degrees, as taught by Wener, in Scioscia’s digital level, providing more precise indication of when measured orientation has reached a desired target orientation.
Regarding claim 19, Scioscia and Mueckl disclose the digital level of claim 17, further comprising: a processor (Scioscia; Fig. 2; 28) configured to determine, based on the orientation sensors (Scioscia; Fig. 2; 28) measurement, a deviation of the digital level from a target orientation; and the light source (Mueckl; Fig. 3; 62).
Neither Scioscia nor Mueckl disclose determining deviation from a target orientation is less than 0.1 degrees.
Wener teaches determining deviation from target orientation is less than 0.1 degrees ([0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to determine whether deviation from a target orientation is less than 0.1 degrees, as taught by Wener, in Scioscia’s digital level, providing more precise indication of when measured orientation has reached a desired target orientation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hyper Tough 3-Inch Digital Light Level and Angle Gauge - Walmart.com discloses a digital level with LED indicators that change color from red to yellow and turn green when level or plumb.
WO2022243142A1 discloses a digital spirit level.
US11105625 discloses a level designed to light-up when level.
US20160296396A1 discloses an angle indicator incorporated in a siderail of a bed for maintaining a patient in horizontal position includes a light source connected to a processor unit.
US20110197651A1 discloses a digital angle gauge.
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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
