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 .
Drawings
The drawings filed November 7, 2024 are accepted.
Abstract
The Abstract filed November 7, 2024 is accepted.
Specification
The specification filed November 7, 2024 has been entered.
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 – 3, 11 and 17 - 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weadon (US 4,912,854).
With respect to claim 1, Weadon discloses a carpenter tool (Figure 4) comprising a body (41) having a first edge and a second edge (See Figure 4); a bubble level (25) carried in the body (See Figure 4), the bubble level (25) comprising a tubular sidewall terminating at opposed first and second closed ends (Figure 2); the tubular sidewall has a first section and a second section, wherein at least one of the first and second sections is parallel to at least one of the first and second edges (See Figure 4); the first and second sections are oriented normally with respect to each other (See Figure 2); and the first and second sections are joined to each other in fluid communication and partially filled with a fluid and a bubble in the fluid (See Column 1, lines 50 – 57), such that the bubble is enabled to move between the first and second sections freely.
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Referring to claim 2, Weadon sets forth a carpenter tool wherein the first and second closed ends are normal to each other (See Figure 2).
In regards to claim 3, Weadon teaches a carpenter tool wherein the first and second closed ends are parallel to each other.
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Regarding to claim 11, Weadon shows a carpenter tool (Figure 4) comprising a body (41) having a first edge and a second edge (Figure 4); a bubble level (25) carried in the body, the bubble level (25) comprising a tubular sidewall; a fluid (Column 2, line 5) partially filling the tubular sidewall and a float (bubble, Column 1, line 51) in the fluid enabled to move freely within the tubular sidewall; and markings (i.e. rings) at the tubular sidewall indicating an orientation of the tool (See Column 1, lines 50 - 57).
With regards to claim 17, Weadon discloses a carpenter tool wherein the tubular sidewall has four sections (See Figure 2), wherein at least a first two of the sections are parallel to each other and to at least one of the first and second edges, and a second two of the sections are parallel to each other.
Referring to claim 18, Weadon sets forth a carpenter tool wherein the four sections are joined to each in fluid communication (See Figure 2).
In regards to claim 19, Weadon teaches a carpenter tool wherein the four sections are arranged in a square shape (See Figure 1).
Regarding claim 20, Weadon shows a carpenter tool wherein the tubular sidewall is transparent and is marked with at least a first set of level lines on one of the four sections and a second set of level lines on another of the four sections (i.e. see rings around each tubular section below).
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Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hommel (US 1,204,768).
With respect to claim 1, Hommel discloses a carpenter tool (Figure 1) comprising a body (A) having a first edge and a second edge (See Figure 1); a bubble level (7) carried in the body (See Figure 1), the bubble level (7) comprising a tubular sidewall terminating at opposed first and second closed ends (Figure 2); the tubular sidewall has a first section and a second section, wherein at least one of the first and second sections is parallel to at least one of the first and second edges (See Figure 2); the first and second sections are oriented normally with respect to each other (See Figure 2); and the first and second sections are joined to each other in fluid communication and partially filled with a fluid and a bubble in the fluid (See lines 48 – 52), such that the bubble is enabled to move between the first and second sections freely.
Regarding claim 7, Hommel shows a carpenter tool wherein the sidewall is transparent (i.e. glass; line 56) and is marked with a first set of level lines on the first section (i.e. center line in tube 2) and a second set of level lines on the second section (i.e. center line in vertical tube 3).
Claims 8, 9, 11, 12, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Machin et al. (US 1,159,516).
With respect to claim 8, Machin et al. discloses a carpenter tool (i.e. level) comprising a body (2) having a first edge and a second edge (Figure 1); a bubble level (3) carried in the body, the bubble level (3) comprising a tubular sidewall extending in a continuous circle and bounding an annular interior (lines 19 – 20); markings on the body (4) of the tool around the tubular sidewall (Figure 1), each marking indicating a distinct angle (i.e. zero mark, 90 degrees, 45 degrees, etc.); and a fluid (i.e. mercury 20) partially filling the interior and a float (bubble 21) in the fluid enabled to move freely within the interior to align with one of the markings and indicate an orientation of the body.
Referring to claim 9, Machin et al. sets forth a carpenter tool wherein the float (21) is a bubble (line 21).
In regards to claim 11, Machin et al. teaches a carpenter tool (i.e. level) comprising a body (2) having a first edge and a second edge (Figure 1); a bubble level (3) carried in the body, the bubble level (3) comprising a tubular sidewall; a fluid (mercury 20) partially filling the tubular sidewall and a float (bubble 21) in the fluid enabled to move freely within the tubular sidewall; and markings (4) at the tubular sidewall indicating an orientation of the tool (See Figure 1).
Regarding claim 12, Machin et al. shows a carpenter tool wherein the tubular sidewall extends in a continuous circle (See Figure 1).
With regards to claim 14, Machin et al. discloses a carpenter tool wherein the float (21) is a bubble (line 21).
Referring to claim 16, Machin et al. sets forth a carpenter tool wherein the tubular sidewall is uninterrupted (See Figure 1).
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Machin et al. (US 1,159,516).
Machin et al. discloses a carpenter tool as recited above.
Machin et al. does not disclose the markings are on the body of the carpenter tool around the tubular sidewall as recited in claim 13.
Machin et al. discloses a carpenter tool wherein the markings are provided to the tubular sidewall of the bubble level. Changing the location of the markings from the location shown by Machin et al. to a location on the body of the tool around the tubular sidewall, absent any criticality, is only considered to be an obvious modification of Machin et al. tool that a person having ordinary skill in the art at the time the invention was made would be able to provide using routine experimentation since the courts have held that there is no invention in shifting the position if the operation of the device would not be thereby modified. In re Japikse, 86 USPQ 70 ( CCPA 1950 ).
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Machin et al. (US 1,159,516) in view of Hansen (US 3,584,212).
Machin et al. discloses a carpenter tool as recited above.
Machin et al. does not disclose the float being a ball as recited in claims 10 and 15.
Hansen discloses a carpenter level comprising a bubble level (20, 21) and an alternate gravity level comprising a ball (40) in order to determine both levelness and plumb with a single tool. 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 Machin et al. by providing a level with a ball as taught by Hansen in order to provide an alternate levelling tool that allows to determine both levelness and plumb with a single tool.
Allowable Subject Matter
Claims 4 – 6 are 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.
The following is an examiner’s statement of reasons for allowance:
Claims 4 - 6 are allowable because the prior art fails to teach or suggest a carpenter tool wherein the bubble level (25) further comprises a third section joined between the first and second sections in fluid communication such that the bubble is enabled to move among the first, second, and third sections freely; wherein the third section is oriented obliquely with respect to both the first section and the second section; and wherein the sidewall is transparent and is marked with a first set of level lines on the first section, a second set of level lines on the second section, and a third set of level lines on the third section 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:
Butler (US Pub. No. 2016/0047650)
Scarborough (US Pub. No. 2005/0223576 A1)
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.
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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.
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YARITZA GUADALUPE-MCCALL
Primary Examiner
Art Unit 2855
February 27, 2026
/YARITZA GUADALUPE-MCCALL/Primary Examiner, Art Unit 2855