DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on September 19, 2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed July 21, 2023 are accepted.
Abstract
The Abstract filed July 21, 2023 is accepted.
Specification
The specification filed July 21, 2023 has been entered.
Claim Rejections - 35 USC § 112
Claims 2, 4, 6, 10, 19, 21, 24 and 31 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.
Claim 2 recites a device “wherein the first member further comprises a spring-biased spool, onto which the measuring tape is retractable, and from which the measuring tape is extendable; optionally wherein the first member further comprises an internal guide structure, by means of which the measuring tape from the spool is arranged to pass across the window, within the first member, before coming out of the first member”. The language raises ambiguity and, as a result, the metes and bounds of the claimed subject matter cannot be fully ascertained.
Claims 4, 6, 10, 19, 21, 24 and 31 all incorporate the “optionally” recitation and therefore are considered indefinite because the metes and bounds of the claimed subject matter cannot be fully ascertained.
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.
Claims 1, 2, 13, 14, 15, 16 and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clarke (US 1,926,581).
With respect to claim 1, Clarke discloses a device for measuring a human foot (Page 1, line 1 of the specification), the device comprising a first member for abutting against a first portion of the foot (i.e. heel to plate 17, see page 2, lines 90 – 94, for example); a second member (i.e. front side of casing 1, page 2, lines 90 – 94, for example) for abutting against a second portion of the foot, the second member opposing the first member; and a measuring tape (14), wherein a proximal end of the measuring tape is coupled to the first member and a distal end of the measuring tape is coupled to the second member (See Figures 2 and 9), the measuring tape (14) being extendable from and retractable into the first member (See Figure 9); wherein the measuring tape (14) comprises measurement indicia (Figure 5) along at least part of the length of the tape (14); and wherein the first member (casing 1) comprises a window (22) through which a portion of the measurement indicia, representative of the extent of extension of the measuring tape from the first member, is visible in use.
PNG
media_image1.png
98
900
media_image1.png
Greyscale
PNG
media_image2.png
190
898
media_image2.png
Greyscale
PNG
media_image3.png
267
314
media_image3.png
Greyscale
PNG
media_image4.png
138
436
media_image4.png
Greyscale
PNG
media_image5.png
202
336
media_image5.png
Greyscale
Referring to claim 2, Clarke sets forth a device wherein the first member (casing 1) further comprises a spring-biased spool (8), onto which the measuring tape (14) is retractable, and from which the measuring tape is extendable (See Figures 2 and 5).
In regards to claim 13, Clarke teaches a device wherein at least one of the members comprises a handle (the casing 1 serves as a handle).
Regarding claim 14, Clarke shows a device wherein at least one window (22) is provided with an identifying marker (23) around or adjacent to at least part of the window, by means of which the window can be uniquely identified (See Figure 5).
With regards to claim 15, Clarke discloses a device wherein the members are configured to tessellate into a closed configuration when the respective measuring tapes are fully retracted (See Figure 1, abutment plate 17 sits flush with casing 1).
Referring to claim 16, Clarke sets forth a device wherein the first member (casing 1) comprises an inwardly extending base part on which the user places a respective portion of their foot in use.
PNG
media_image1.png
98
900
media_image1.png
Greyscale
PNG
media_image5.png
202
336
media_image5.png
Greyscale
In regards to claim 31, the method for measuring a foot using the device comprising the steps of abutting the members of the device against respective portions of the foot, and in so doing, extending the respective measuring tape to cause respective portion of the measurement indicia, representative of the extent of extension of the measuring tape, to become visible in the respective window (See specification below) will be achieved by the regular operation of Clarke.
PNG
media_image1.png
98
900
media_image1.png
Greyscale
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Clarke (US 1,926,581) in view of Salomon (US 4,164,815).
Clarke discloses a foot measuring device as recited in paragraph 8 above.
Clarke does not disclose the strap as recited in claim 18.
Regarding claim 18, Salomon teaches a device for measuring a human foot comprising a base (90) for receiving the foot and a strap (92) forming a loop for securing the foot to the base while in use. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Clarke by adding a strap as taught by Salomon in order to form a securing loop around the foot to prevent movements while in use.
Claims 20 – 21, 24, 27 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Clarke (US 1,926,581) in view of Li (CN 106556304).
Clarke discloses a foot measuring device as recited in paragraph 8 above.
Clarke does not disclose the barcode as recited in claims 20, 21, 24 and 27. Clarke does not disclose the server as recited in claim 36.
With regards to claim 20, Li discloses an intelligent tape measure and virtual clothes fitting method comprising a tape (200) provided with provided with a measurement indicia comprising a two-dimensional barcode extending in a first direction (i.e. front shown in figure 3) along at least part of the length of the respective measuring tape (See Figures 3 and 4), and in a second direction (back of the tape shown in figure 4) across at least part of the width of the measuring tape; wherein the two-dimensional barcode comprises a plurality of successive rows of pixels neighboring each other in the first direction; and wherein each row of pixels extends in the second direction and uniquely encodes a respective measurement value in order to provide a reliable virtual apparel fitting method that accurately measures and models the desired item. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Clarke by providing a two dimensional barcode measuring scale on the tape as taught by Li in order to provide a reliable virtual apparel fitting method that accurately measures and models the desired item.
PNG
media_image6.png
282
500
media_image6.png
Greyscale
Referring to claim 21, the combination of Clarke and Li disclose the device wherein each row of pixels comprises the respective measurement value encoded into a binary measurement bit string, wherein, in each measurement bit string, pixels of a first color denote bits of '1', and pixels of a second color denote bits of '0'; optionally wherein the measurement bit string comprises nine binary digits; optionally wherein, in addition to the measurement bit string, each row of pixels further comprises an orientation bit to indicate the orientation of the row of pixels (See Figures 3 and 4 of Li).
In regards to claim 24, the combination of Clarke and Li teaches a device wherein in addition to the measurement bit string, each row of pixels further comprises one or more indicator bits to indicate whether the respective measurement value is odd or even (See Figures 3 and 4 of Li).
With respect to claim 27, the combination of Clarke and Li shows a device wherein the order of the bits of the measurement bit string is reversed depending on whether the respective measurement value is odd or even (See Figures 3 and 4 of Li).
Regarding claim 36, the combination of Clarke and Li discloses a computer program for causing a user device and/or a server to execute the desired steps (See specification below).
PNG
media_image7.png
98
888
media_image7.png
Greyscale
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Clarke (US 1,926,581) in view of GB 2563072 [Hereinafter GB].
Clarke discloses a foot measuring device as recited in paragraph 8 above.
Clarke does not disclose the strap as recited in claim 18.
GB discloses a device and method for foot sizing comprising the steps of measuring a foot, a database for comparing prestored measurement data of a plurality of items of footwear to the obtained measurement values; determining the suitability of fit of available footwear relative to the obtained measurement values based on the comparison; and displaying only footwear which are suitable based on the determinations (see specification below) in order to provide a reliable virtual sizing network that saves and analyzes customer data for marketing and product development. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Clarke by providing a device and database as taught by GB in order to provide a reliable virtual sizing network that saves and analyzes customer data for marketing and product development.
PNG
media_image8.png
410
898
media_image8.png
Greyscale
Allowable Subject Matter
Claims 4, 6, 9 and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Claims 4, 6, 9 and 17 are allowable because the prior art fails to teach or suggest a device wherein the device further comprises a third measuring tape, wherein a proximal end of the third measuring tape is coupled to the fourth member and a distal end of the third measuring tape is extendable away from the fourth member, the third measuring tape being extendable from and retractable into the fourth member; wherein the distal end of the third measuring tape is coupled to the distal end of the second measuring tape; wherein each of the second and third measuring tapes comprises measurement indicia along at least part of the length of the respective tape; and wherein the third member comprises a second window and the fourth member comprises a third window through which a respective portion of the measurement indicia of the respective second and third measuring tapes; wherein the third and fourth members are generally perpendicular to an axis of the first measuring tape, and are mutually movable along the axis of the first measuring tape; wherein the third member and the fourth member are mutually couplable to one another at a fifth portion of the foot, for measuring the girth of the foot in use in combination with the remaining limitations of the claims.
Claim 8 is allowable because the prior art fails to teach or suggest a device wherein the measuring tape is a first measuring tape, and the device further comprises a third member for abutting against a third portion of the foot; a fourth member for abutting against a fourth portion of the foot, the fourth member opposing the third member; and a second measuring tape, wherein a proximal end of the second measuring tape is coupled to the third member and a distal end of the second measuring tape is coupled to the fourth member, the second measuring tape being extendable from and retractable into the third member; wherein the second measuring tape comprises measurement indicia along at least part of the length of the tape; and wherein the third member comprises a window through which a portion of the measurement indicia, representative of the extent of extension of the second measuring tape from the third member, is visible in use in combination with the remaining limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are considered relevant but fail to teach the combination as claimed:
Waldrum (US 11,503,880) discloses a shoe size measuring device comprising a housing member, a tape, a strap but fails to teach multiple tapes and housings working together to create a single unit as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA GUADALUPE-MCCALL whose telephone number is (571)272-2244. The examiner can normally be reached Mon -Thu, 8:00am - 6:00pm.
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, Laura E Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
YARITZA GUADALUPE-MCCALL
Primary Examiner
Art Unit 2855
July 15, 2026
/YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855
Prosecution Insights