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 § 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(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wun (U.S. 6,229,294 B1) in view of Tin et al. (U.S. 9,134,447 B1)
Regarding claim 1, Wun discloses in Figs. 1-3 an apparatus for locating a stud, comprising: a thin flat polypropylene strip with a pinch point designed for pendulum motion; and a ring magnet positioned at a lower end of the strip to detect the presence of metal fasteners for locating a metal fastener in a stud hidden behind a wall (see column 2, lines 26-65, wherein stud detector 10 includes sensor 12, clip 14, and swinging/measuring member 16; a person locates a stud by holding clip 14 or chain 16 near the clip and dangling sensor 12 near surface 34 of wall 36; the clip or end of the chain is manipulated to impart a swinging, pendulum-like motion to sensor 12; a string, cord, or lightweight rod can be attached to the housing and used as the swinging member; magnet 20 has a cylindrical shape, and other types of magnets having different shapes may be used).
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Wun is not understood to explicitly disclose a thin flat polypropylene strip.
Tin et al. disclose a thin flat polypropylene strip (see column 5, lines 14-39, wherein magnetic stud finder or individual fastener finder 100 comprises handle 110 and flexible strip, substrate, or member 120 extending from distal end 111a of handle 110; flexible strip 120 has top surface 121a and bottom surface 121b and includes magnets 122 attached thereto; flexible member 120 may be in the form of a strip of flexible material such as plastic, aluminum, and other suitable flexible materials; flexible member 120 includes multiple magnets 122, one of which is at distal end 123a).
It would have been obvious to one of ordinary skill in the art to modify Wun by replacing Wun’s chain, string, cord, or lightweight rod swinging member with Tin et al.’s thin flat plastic flexible strip because Wun already teaches using a swinging member to support and swing a magnet-containing detector across a wall surface to locate concealed nails, and Tin et al. teach that a flexible plastic strip can extend from a handle, carry magnets, and be moved or rotated across a wall for the same magnetic stud-finding purpose. The modification would have predictably provided a flat plastic swinging member having sufficient flexibility and rigidity to support pendulum-like movement and magnetic detection of hidden fasteners behind a wall (see Tin’s column 2, lines 25-65).
Regarding claim 2, Wun discloses the apparatus for locating a stud, of claim 1, further comprising: a magnetic marker for making a location of the metal fastener (see column 2, lines 37-50, wherein when nail 32’ is detected, the swinging motion is stopped altogether, and magnetic attraction between nail 32’ and magnet 20 causes sensor 12 to stick to wall 36 at the detected nail location; stud detector 10 is constructed so as to maximize the ratio of magnet strength to the overall weight of the stud detector so that sensor 12 will stick to the wall when a nail or other metal object is detected; housing 18 includes markings, such as center lines 78, to indicate a portion of the wall surface behind which the detected stud is located, and the center lines assist in marking the wall to indicate the presence of the identified stud.).
Wun is not understood to explicitly disclose a separate magnetic marker for making a location of the metal fastener.
Tin et al. disclose marking the detected location of the metal fastener/stud (see column 5, lines 15-40, wherein marking holes 302 are formed through flexible strip 120; during use, after nail 220 is detected, while magnetic stud finder 100 is held against wall 200 by the user or maintained to wall 200 by magnetic attraction, the user can mark the location of stud 210 through holes 302).
It would have been obvious to one of ordinary skill in the art to modify Wun to use a separate magnetic marker for marking the detected metal fastener location because Wun teaches that a magnet-containing detector can remain magnetically attached at a detected nail location to identify that location, and Tin et al. teach marking the detected fastener/stud location after detection. Providing a separate magnetic marker would have been a predictable marking substitute that allows the detected fastener location to remain marked by magnetic attraction while the stud finder is removed and used to locate additional fasteners or studs (see Tin’s column 4, lines 20-40).
Regarding claim 3, Wun discloses the apparatus for locating a stud, of claim 1, further comprising: a snap-on cap at the lower end of the strip, also containing the ring magnet (see column 2, lines 30-45, wherein sensor 12 includes housing 18 and magnet 20 secured within housing 18 for detecting studs behind the surface of a wall; housing 18 is a rectangular molded plastic enclosure formed from two halves 50 that fit securely together by complementary ridges 52 provided on the rim of each half; cylindrical protuberances 60 secure magnet 20 within housing 18 so that magnet 20 does not pivot or slide within housing 18; other types of magnets may be used provided that the magnet can be fixedly secured within the stud detector housing).
Wun is not understood to explicitly disclose that the snap-on cap or a cap is at the lower end of the strip.
Tin et al. disclose a magnet positioned at the lower/distal end of a strip and magnet-retaining arrangements on the strip (see column 5, lines 14-39, wherein flexible strip 120 includes magnets 122 attached thereto; magnets 122 may be attached to bottom surface 121b, inserted within or extending through apertures 124, attached or secured with adhesive or other method or material, attached directly to flexible member 120, attached to an outer surface of flexible member 120 and completely or partially exposed, or completely or partially encased within the body of flexible strip 120; flexible member 120 includes multiple magnets 122, one of which is at distal end 123a, Tin, 11, 21).
It would have been obvious to one of ordinary skill in the art to modify Wun’s magnet-containing molded plastic housing/cap with Tin et al.’s lower-end strip magnet arrangement because Wun teaches a plastic enclosure that securely contains and positions a magnet for detecting concealed nails behind a wall, and Tin et al. teach placing a magnet at the distal end of a flexible strip for the same magnetic stud-detection function. The modification would have predictably retained, protected, covered, and positioned the magnet at the lower end of the strip without changing the magnetic stud-finding operation (see Tin’s column 2, lines 25-65).
Regarding claim 4, Wun and Tin et al. disclose the apparatus or locating a stud, of claim 1, wherein Wun further discloses creases positioned at designated points along the strip, functioning as living hinges to facilitate ergonomic movement during use (see Fig. 1, wherein clip 14 acting as hinges which facilitate movement of the whole system); wherein creases positioned at designated points along the strip, functioning as living hinges to facilitate ergonomic movement during use (see column 2 lines 26-35 wherein flexible strip swinging member to include creases or living-hinge fold points because Wun teaches using a swinging member for pendulum-like magnetic stud detection)
Regarding claim 5, Wun discloses a method for locating a stud, comprising: rotating a ring magnet on a lower end of a pendulum strip back and forth across a wall surface; and detecting the presence of a hidden metal fastener in a stud, using the magnetic attraction of the ring magnet to the hidden fastener, wherein the pendulum member is a strip (see column 2, lines 27-63 wherein stud detector 10 detects studs 30 by detecting the presence of metal objects, such as nails 32, concealed beneath surface 34 of wall 36; if there is a nail behind the wall surface, attraction between magnet 20 and the nail alters the swinging motion of sensor 12, indicating the presence of the nail and possibly a stud to which the nail is attached; the magnetic attraction between nail 32’ and magnet 20 causes sensor 12 to stick to the wall; a string, cord, or lightweight rod can be attached to housing 18 and used as the swinging member; magnet 20 has a cylindrical shape and other types of magnets may be used)
Wun is not understood to explicitly disclose that the pendulum member is a strip.
Tin et al. disclose a pendulum strip (see column 5, lines 14-39, wherein magnetic stud finder or individual fastener finder 100 comprises handle 110 and flexible strip, substrate, or member 120 extending from distal end 111a of handle 110; flexible strip 120 has top surface 121a and bottom surface 121b and includes magnets 122 attached thereto; flexible member 120 may be in the form of a strip of flexible material such as plastic, aluminum, and other suitable flexible materials; flexible member 120 includes multiple magnets 122, one of which is at distal end 123a).
It would have been obvious to one of ordinary skill in the art to modify Wun by replacing Wun’s chain, string, cord, or lightweight rod swinging member with Tin et al.’s thin flat plastic flexible strip because Wun already teaches using a swinging member to support and swing a magnet-containing detector across a wall surface to locate concealed nails, and Tin et al. teach that a flexible plastic strip can extend from a handle, carry magnets, and be moved or rotated across a wall for the same magnetic stud-finding purpose. The modification would have predictably provided a flat plastic swinging member having sufficient flexibility and rigidity to support pendulum-like movement and magnetic detection of hidden fasteners behind a wall (see Tin’s column 2, lines 25-65).
Regarding claim 6, Wun discloses the method for locating a stud of claim 5, further comprising: replacing the magnet at the detected location with a magnetic marker (see column 2, lines 40-60, when nail 32’ is detected, the swinging motion is stopped altogether, and magnetic attraction between nail 32’ and magnet 20 causes sensor 12 to stick to wall 36 at the detected location; stud detector 10 is constructed so that sensor 12 will stick to the wall when a nail or other metal object is detected; housing 18 includes markings, such as center lines 78, to indicate a portion of the wall surface behind which the detected stud is located and to assist in marking the wall to indicate the presence of the identified stud).
Wun is not understood to explicitly disclose replacing the magnet at the detected location with a separate magnetic marker.
Tin et al. disclose marking the detected location after detection (see column 5, lines 15-40 after nail 220 is detected, while magnetic stud finder 100 is held against wall 200 by the user or maintained to wall 200 by magnetic attraction, the user can mark the location of stud 210 through marking holes 302).
It would have been obvious to one of ordinary skill in the art to modify Wun to replace the detecting magnet at the detected location with a separate magnetic marker because Wun teaches that a magnet-containing member can remain magnetically attached at the detected nail location to indicate the location, and Tin et al. teach marking the detected fastener/stud location after detection. The modification would have predictably allowed the detector to be removed and reused while the detected fastener location remains magnetically marked (see Tin’s column 4, lines 20-40).
Regarding claim 7, Wun discloses the method of claim 6, further comprising: continuing the search for additional fasteners or studs; and leaving magnetic markers at each detected stud location for future reference (see column 2, lines 50-65, wherein once a first nail is detected using the stud sensor, magnetic attraction between nail 32’ and magnet 20 causes sensor 12 to stick to wall 36 at the detected location; stud detector 10 is constructed so that sensor 12 will stick to the wall when a nail or other metal object is detected; center lines 78 assist in marking the wall to indicate the presence of the identified stud).
Wun is not understood to explicitly disclose leaving separate magnetic markers at each detected stud location for future reference.
Tin et al. disclose marking detected stud/fastener locations and detecting multiple fasteners/studs (see column 5, lines 15-39, flexible member 120 includes multiple magnets 122 and predetermined magnet spacing increases the likelihood that an individual magnet 122 will catch or be attracted to an individual nail 220 as magnetic stud finder 100 is moved across wall 200; other individual fasteners may also be detected within non-metal studs, and metal studs may also be detected; after nail 220 is detected, the user can mark the location of stud 210 through marking holes 302).
It would have been obvious to one of ordinary skill in the art to modify Wun to leave separate magnetic markers at each detected stud location because Wun teaches continuing the search for additional nails or studs after a first nail or stud is detected and teaches that a magnetically attracted detector/indicator can remain at a detected nail location, while Tin et al. teach marking detected stud locations and locating multiple fasteners/studs. Providing separate magnetic markers at each detected location would have predictably preserved multiple detected stud/fastener locations while allowing the stud finder to continue being used at other locations (see Tin’s column 8, lines 5-24).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 11,385,375 B2 to Guerrero discloses a stud finder for detecting ferrous objects hidden within a wall, such as nails and screws, comprising a tray having at least one cavity, a magnet, and a cover. The magnet placed within the cavity and secured by the cover. The magnet is free to move within the cavity when a force, such as gravity or magnetic, is applied. As the stud finder is slid across a wall, a magnet will move within the cavity when it comes into proximity of a ferrous material such as a screw or nail. The movement is caused by magnetic force. The presence of the magnetic force indicates the presence of a screw or nail which also indicates the presence of a stud.
U.S. 2024/0402375 A1 to Ristigian discloses a stud finder device which includes an integrated marking mechanism to enhance ease and accuracy in locating and marking studs within walls is disclosed. The assembly is actuated using a trigger disposed on a handle wherein the handle is coupled to the main body. The main body is maneuverable along a wall surface, facilitated by a pair of wheels and the handle that enables users to operate the device comfortably from a standing position. Stud indication markers are positioned across the front and rear surfaces of the main body and signal the presence of studs.
U.S. 2013/0093417 A1 to Ebner et al. disclose a stud finder for determining the location of a stud within a wall. The stud finder includes a body having an internal compartment formed therein which is sized and configured to house a magnetic element therein. The stud finder is moveable along the wall to place the magnetic element in magnetic attraction with metallic fasteners (i.e., nails, screws, etc) disposed within the stud, such as for securing drywall to the stud. The magnetic attraction urges the magnetic element toward the metallic element to provide a visual indication as to the precise location of the metallic element, as well as the underlying stud.
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Examiner: /Trung Q. Nguyen/- Art 2858
/HUY Q PHAN/ Supervisory Patent Examiner, Art Unit 2858
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