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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wen et al. (CN219694177) “Wen”.
Regarding claim 1, Wen discloses a laser level (Fig. 1), comprising: a housing having an accommodation space (not shown); a base (Fig. 1; 10), disposed in the accommodation space (not shown), the base having a lower seat (Fig. 1; 11) and an upper seat (Fig. 1; 12); the lower seat including a pair of electric motors (Fig. 2; 13), a pair of screw rods (Fig. 3; 112) and a pair of lift member (Fig. 3; 40), the electric motors being each connected to a worm (Fig. 3; 131), the lift members each including a lift post (Fig. 3 and 4; 41) and a worm wheel (Fig. 3; 42), the lift posts of the lift members being screwed to the screw rods respectively, a spherical head (Fig. 3; 412) being provided on top of the lift post, the worm wheel being sleeved on the lift post, a threaded portion (Fig. 3; threads on 42) being provided on a lower outer surface (Fig. 3; surface of 42) of the worm wheel, the threaded portion being engaged with the worm; the upper seat, located above the lower seat, a top of the upper seat having a tapered receiving groove (Fig. 3; 121); a movable platform (Fig. 1; 20), located above the base, the movable platform including a tapered receiving seat (Fig. 2; 211) and a pair of spherical grooves (Fig. 5; 212), the receiving seat being received in the receiving groove, the spherical grooves being configured for receiving the spherical heads; a connecting seat (Fig. 1; 22), located above the movable platform, a level tilt sensor (Fig. 1; 221) being provided in the connecting seat, a laser module (Fig. 1; 23) being provided on an outside (Fig. 1; placement of 23) of the connecting seat; a control unit (Fig. 1; 50), electrically connected to the electric motors and the level tilt sensor, the control unit including a level adjustment module (Fig. 2; 60 and 70).
Regarding claim 2, Wen discloses the laser level as claimed in claim 1, wherein the screw rods (Fig. 3; 112) are located outside the respective electric motors (Fig. 2; 13).
Regarding claim 3, Wen discloses the laser level as claimed in claim 1, wherein a pair of restricting blocks (Fig. 4; 413) are provided on an outside (Fig. 4; location of 413 in respect to 41) of the lift post, the worm wheel is formed with a plurality of guide grooves (Fig. 4; 421), and the restricting blocks are seated in the guide groves.
Regarding claim 4, Wen discloses the laser level as claimed in claim 1, wherein the upper seat (Fig. 1; 12) has a pair of circular through holes (Fig 2; circular holes not labelled in 12).
Regarding claim 5, Wen discloses the laser level as claimed in claim 1, wherein a wall of the receiving groove (Fig. 3; 121) has four restricting grooves, the restricting grooves are arranged at equal intervals, the movable platform (Fig. 1; 20) further has four restricting shafts (Fig. 5; corresponding part of 211), the restricting shafts are integrally formed with a circumferential side of the receiving seat (Fig. 2; 211), and the restricting shafts correspond to and are arranged in the restricting grooves.
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Regarding claim 6, Wen discloses the laser level as claimed in claim 1, wherein a receiving post (Fig. 3; 111) is disposed at a center of the receiving groove (Fig. 3; 121), a plurality of curved positioning blocks (Fig. 2; top edge of 111) are disposed on a top periphery of the receiving post, the movable platform (Fig. 1; 20) further has a positioning groove (Fig. 2; grooves of 211), and the positioning groove is formed with the positioning blocks.
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 is rejected under 35 U.S.C. 103 as being unpatentable over Wen.
Regarding claim 7, Wen discloses the laser level (Fig. 2) as claimed in claim 6, wherein the receiving post (Fig. 3; 111) is fitted with a washer (Fig. 5; 33).
Wen does not explicitly disclose using a screw for locking, rather uses a “pressing component” (Fig. 2; 31) for retention fastening.
The Examiner takes official notice that locking components in place using a screw is a well-known configuration
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to construct Wen’s laser level with a screw for locking, more securely fastening and retaining Wen’s laser level components in place.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wen in view of Gould et al. (US 20220170744) “Gould”.
Regarding claim 8, Wen discloses the laser level (Fig. 2) as claimed in claim 1.
Wen does not disclose a vertically mounted upright plate.
Gould teaches a vertically mounted upright plate (Fig. 4).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to vertically mount Gould’s upright plate on Wen’s lower seat and against an inner side of Wen’s upper seat, providing more stability for Wen’s moving platform.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wen in view of Gamal et al. (US20030229997) “Gamal”.
Regarding claim 9, Wen discloses the laser level as claimed in claim 1.
Wen does not disclose a level status display module, a display screen, an indicator light, nor a power switch.
Gamal teaches a level status display module ([0039]), a display screen (Fig. 2; 13), an indicator light (Fig. 2; 14), and a power switch (Fig. 2; 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Gamal’s level status display module, display screen, indicator light, and power switch on Wen’s housing, making it easier for a user to see when a desired level is obtained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US20230384094 discloses a laser level including an improved core structure.
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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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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