DETAILED ACTION
This Office Action is in response to Application 18/833,915 filed on 07/28/2024.
In the instant application, claim 1 is the only independent claim; Claims 1-6 have been examined and are pending. This action is made non-final.
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 .
Drawings
The drawings submitted on 07/28/2024 are acceptable
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/28/2024 was filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claims 2 and 6 are objected to as being dependent upon a rejected based claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nahum et al. (“Nahum,” US 2014/0033554), published on 6 February 2014 in view of ABE (“Abe,” US 2019/0162516), published on 30 May 2019.
Regarding claim 1, Nahum teaches a display device (Nahum: ¶0021 and Fig. 1; a remote device 155), comprising:
a display unit (Nahum: ¶0021 and Fig. 1; a display portion 175; ¶0024; the display portion 175 provides the display for the remote device 155); and
a display control unit that controls images displayed on the display unit (Nahum: ¶0021 and Fig. 1; a processing portion 180. ¶0024; the processing portion 180 provides for the signal processing and control of the remote device), wherein when one of a plurality of modes with mutually different ways of displaying measurement results is selected (Nahum: ¶0031 and Fig. 3; various display format arrangements 310A-310D for a portable measurement gauge may be selected) [by using a mode button displayed on the display unit], the display control unit displays a measurement result on the display unit in a mode corresponding to the selected mode (Nahum: ¶0031 and Fig. 3; different display format arrangements present measurement data from a portable measurement gauge in different ways), and the plurality of modes include at least: (i) a dial mode that displays an image of a scale and a pointer superimposed thereon to display a value indicated by the pointer (Nahum: ¶0031 and Fig. 3; display format arrangements 310B and 310C comprising circular scales with a quasi-analog pointer); and(ii) a numeric mode that displays at least a measurement value (Nahum: ¶0024, 0031 and Fig. 3; display format arrangements 310A, 310C and 31D displays measurement values), a maximum measurement value within a given period, and a minimum measurement value within the given period (Nahum: ¶0027; display format arrangements may be modified to include statistical display options, maximum/minimum readings, etc).
Nahum does not explicitly teach: one of a plurality of modes are selected by using a mode button displayed on the display unit.
However Abe teaches a measuring device and measuring system Abe further teaches: one of a plurality of modes are selected by using a mode button displayed on the display unit (Abe: ¶0107; the display on the display unit 161 may be configured to be switched to the display of the measurement value in the analog format or the digital format by an instruction input from a button, a switch, a touch panel or the like).
If Nahum is not interpreted to teach: displaying a m a maximum measurement value within a given period, and a minimum measurement value within the given period.
Abe also teaches: displaying a m a maximum measurement value within a given period, and a minimum measurement value within the given period (Abe: ¶0110 and Figs. 10E-10F; the maximum value and the minimum value may be displayed together with the measurement value simultaneously. ¶0084; the display unit 161 may display data analysis such as a calculated value of the straightness, or a maximum value or minimum value of the displacement amount based on the measurement data of the position dependent change of the displacement amount).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention was made having the teachings of Abe and Mahum in front of them to incorporate the method of selecting an analog format or a digital format via button selection as disclosed by Abe with the handheld measurement tool with user defined display as taught by Nahum to provide a measuring device and a measuring system capable of quickly measuring and with which a measurement result can be easily utilized (Abe: ¶0007).
Regarding claim 3, Nahum and Abe teach the display device of claim 1,
Nahum and Abe further teach: wherein the plurality of modes further include a circularity measurement mode that shows the result of circumference measurement of a circular structure (Abe: ¶0005 and 0141; shape of an object to be measured may be roundness, flatness, or straight ness).
Regarding claim 4, Nahum and Abe teach the display device of claim 1,
Nahum and Abe further teach: wherein the plurality of modes further include a chart mode that shows a history of changes in measurement values (Nahum: ¶0031 and Fig. 310D; the display format arrangement 310D provides a graphical display along with numerical representations of statistical measurement data. In one embodiment, the display format arrangement 310D may provide a bar chart or other graphical representation of multiple measurements that have been taken with the portable measurement gauge).
Regarding claim 5, Nahum and Abe teach the display device of claim 1,
Nahum and Abe further teach: wherein the plurality of modes further include a bar mode that shows both or either of a measurement value and a range of change in the measurement value as a bar graph (Nahum: ¶0031 and Fig. 310D; the display format arrangement 310D provides a graphical display along with numerical representations of statistical measurement data. In one embodiment, the display format arrangement 310D may provide a bar chart or other graphical representation of multiple measurements that have been taken with the portable measurement gauge).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tam T. Tran whose telephone number is (571) 270-5029. The examiner can normally be reached M-F: 7:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L. Bashore can be reached on 571-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAM T TRAN/Primary Examiner, Art Unit 2174
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