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 § 112
Claims 5-12 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 regards as the invention.
Claim 5 recites the limitation "the second housing side". There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, "the second housing side" will be interpreted as “the second housing portion”. Dependent claims 6-12 are likewise rejected and interpreted.
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, and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liao (US20050253011) “Liao”.
Regarding claim 1, Liao discloses a tape measure comprising: a housing (Fig. 2; 1) comprising a first housing portion (Fig. 2; 101) and a second housing portion (Fig. 2; 101), the first housing portion (Fig. 2; 101) and the second housing portion (Fig. 2; 101) together defining a mouth (Fig. 2; 13), and separated by a seam (Fig. 2; line where 101 joins, not labelled); and a spool (Fig. 2; 30) configured to be secured between the first housing portion (Fig. 2; 101) and the second housing portion (Fig. 2; 101), the spool containing a tape blade (Fig. 2; 40) wound thereon and partially extending therefrom through the mouth (Fig. 2; 13), the tape blade (Fig. 2; 40) terminating in a hook portion (Fig. 2; “stopper end” shown on end of 40, not labelled); wherein the seam (Fig. 2; line where 101 joins, not labelled) is formed both above (Fig. 2; portion of line where 101 joins that is above 13, not labelled) the mouth (Fig. 2; 13) and at a side (Fig. 2; portion of line where 101 joins that forms a side of 13, not labelled) of the mouth (Fig. 2; 13), such that a structure (see labelled excerpt of Fig. 2 below) of the first housing portion (Fig. 2; 101) extends at least substantially an entire width of the mouth (Fig. 2; 13), under the tape blade (Fig. 2; 40); wherein the tape blade (Fig. 2; 40) is biased to retract into the housing (Fig. 2; 1) and wind around the spool ([0031]), such that in a fully retracted position ([0005]) the hook portion abuts ([0041]) the structure of the first housing portion (Fig. 2; 101); and wherein in an extended position ([0021]) the tape blade (Fig. 2; 40) is unwound from the spool such that the hook extends away from the mouth (Fig. 2; 13).
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Regarding claim 13, Liao discloses the tape measure of claim 1 further comprising a first engagement feature (Fig. 2; unlabeled features formed on 11) formed on the first housing portion (Fig. 2; 101) and a second engagement feature (Fig. 6B; unlabeled features formed on 11) formed on the second housing portion (Fig. 2; 101), the first engagement feature and the second engagement feature shaped to engage at the seam (Fig. 2; line where 101 joins, not labelled) above the mouth (Fig. 2; 13).
Regarding claim 14, Liao discloses the tape measure of claim 13, wherein one of the first engagement feature and the second engagement feature (Fig. 6B; unlabeled features formed on 11) is a protrusion (Fig. 2; unlabeled features protruding from 11), and the other of the first engagement feature and the second engagement feature (Fig. 6B; unlabeled features formed on 11) is a recess (Fig. 6B; unlabeled features with recess towards 11C).
Regarding claim 15, Liao discloses the tape measure of claim 13, wherein the first engagement feature and the second engagement feature (Fig. 6B; unlabeled features formed on 11) each comprise apertures (openings in unlabeled features formed on 11) that form a common path (Fig. 2; dotted lines) to receive a fastener (Fig. 2; screw) that extends across the seam (Fig. 2; line where 101 joins, not labelled) to secure the first housing portion (Fig. 2; 101) and the second housing portion (Fig. 2; 101) together (Fig. 2 shows alignment of both housing portions 101).
Regarding claim 16, Liao discloses the tape measure of claim 1, wherein the structure extending under the tape blade (Fig. 2; 40) adjacent to the mouth (Fig. 2; 13) is shaped to match and support (Fig. 2; blade bearing 62 formed on structure) a contour of the tape blade.
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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Liao in view of Bridges et al. (US20130133215) “Bridges”.
Regarding claim 2, Liao discloses the tape measure of claim 1.
Liao does not disclose a finger brake opening.
Bridges teaches a finger brake opening (Fig. 1; 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date to form Bridges finger brake opening between Liao’s the first and second housing portions, making it easier for a user to slow or stop blade retraction.
Regarding claim 3, Liao discloses the tape measure of claim 2, wherein the structure of the first housing portion that extends at least substantially the entire width of the mouth (Fig. 2; 13), under the tape blade, forms a common tape mouth structure (Fig. 2; 13).
Liao does not disclose the finger brake opening.
Bridges teaches the finger brake opening (Fig. 1; 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date for Liao’s structure that extends at least substantially an entire width of the mouth to also define a portion of Bridges’ finger brake opening to form a common tape mouth and finger brake structure, allowing one feature to both stop Liao’s hook and form a portion of Bridges’ finger brake opening, making Liao’s tape measure more compact and user friendly.
Regarding claim 4, Liao discloses the tape measure of claim 3, wherein the seam (Fig. 2; line where 101 joins, not labelled) extends away from the mouth (Fig. 2; 13).
Liao does not disclose the finger brake opening.
Bridges teaches the finger brake opening (Fig. 1; 30).
It would have been obvious to one of ordinary skill in the art before the effective filing date for Liao’s seam to be formed behind Bridges’ finger brake opening, extending Liao’s seam and improving tape measure usability.
Claims 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liao in view of Burch et al. (US11768066) “Burch”.
Regarding claim 5, Liao discloses the tape measure of claim 1, further comprising a first engagement feature (see labelled excerpt of Fig. 2 below) formed on one of the structure and the second housing side (Fig. 2; 101) the first engagement feature shaped to engage at the seam (Fig. 2; line where 101 joins, not labelled) at the side of the mouth (Fig. 2; 13).
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Liao does not disclose a second engagement feature.
Burch teaches a second engagement feature (Fig. 5; 274).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide Burch’s second engagement feature formed on Liao’s structure, to engage Liao’s first engagement feature formed on Liao’s second housing portion, providing a more secure connection of Liao’s structure and second housing portion.
Regarding claim 6, Liao discloses the tape measure of claim 5, wherein the first engagement feature is a protrusion (see labelled excerpt of Fig. 2 above, first engagement feature protrudes from second housing portion).
Liao does not disclose the second engagement feature is a recess
Burch teaches the second engagement feature (Fig. 5; 274) is a recess (Fig. 5; 274 is a recess).
It would have been obvious to one of ordinary skill in the art before the effective filing date for Burch’s second engagement feature to be a recess to fit Liao’s first engagement feature, providing a more secure connection between Liao’s structure and second housing portion.
Regarding claim 7, Liao discloses the tape measure of claim 5, further comprising a third engagement (Fig. 6B shows corresponding engagement features) feature formed on the first housing portion (Fig 2 and 6B; 101) and a fourth engagement (see figure below) feature formed on the second housing portion (Fig. 2; 101), the third engagement feature and the fourth engagement feature shaped to engage at the seam (Fig. 2; line where 101 joins, not labelled) above the mouth (Fig. 2; 13).
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Regarding claim 8, Liao discloses the tape measure of claim 7, wherein one of the third engagement feature and the fourth engagement feature is a protrusion (Fig. 6B shows recess in engagement feature), and the other of the third engagement feature and the fourth engagement feature is a recess (Fig. 2; shows protrusion of engagement feature).
Regarding claim 9, Liao discloses the tape measure of claim 7, wherein the third engagement feature and the fourth engagement feature each comprise apertures (openings in engagement features of Figs. 2 and 6B) that form a common path (openings in engagement features of Figs. 2 and 6B connect both housing portions) to receive a fastener (screws shown in Fig. 2) that extends across the seam (Fig. 2; line where 101 joins, not labelled) to secure the first housing portion (Fig. 2; 101) and the second housing portion (Fig. 2; 101) together.
Regarding claim 10, Liao discloses the tape measure of claim 5, and a terminal end (portion of structure not connected to 11) of the structure to interlock the structure to the second housing portion (Fig. 2; 101).
Liao does not disclose a reinforcement.
Burch teaches a reinforcement (Fig. 16; 314).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include Burch’s reinforcement in Liao’s tape measure to more securely interlock Liao’s structure and second housing portion.
Regarding claim 11, Liao and Burch disclose the tape measure of claim 10, wherein the reinforcement (Burch; 314) comprises a first securement feature (Burch; 334).
The motivation to combine is the same as claim 10.
Regarding claim 12, Liao and Burch disclose the tape measure of claim 11, wherein the first securement feature (Burch; Fig. 16; 334) comprises a ramped structure (Burch; Fig. 16; either side of 334) configured to deflect or deform around a second securement feature (Burch; Fig. 15; 338) to snap fit interlock the first securement feature to the second securement feature.
It would have been obvious to one of ordinary skill in the art before the effective filing date to interlock Burch’s first and second securement feature, ensuring more secure connection of housing components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20070227029 discloses a tape measure housing is comprised of two asymmetrical housing portions.
US6405451 discloses a tape measure including a lock device at a bottom opening, an engagement device, and an abutment device.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Macchiarolo can be reached at 571-272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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