TAPE MEASURE WITH ELECTRICIAN REFERENCE MARKINGS

§102 §103

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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first, second, and third colors of the first subset of numbers (claim 1) and the first, second, and third colors of the second subset of numbers (claim 2) must be shown or deleted from the claims. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 1-4, 6-8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Germain (US2010/0139110) “Germain”. Regarding claim 1, Germain discloses a measuring device (Fig. 3; 10) comprising: a measuring tape (Fig. 3; 20), the measuring tape (Fig. 3; 20) being elongated ([0034]), the measuring tape (Fig. 3; 20) having a first surface (Fig. 1; 40) and a second surface (Fig. 2A; 60) opposite each other, the measuring tape (Fig. 3; 20) having a first longitudinal edge (Fig. 3; side edge of 20, not labeled) and a second longitudinal edge (Fig. 3; side edge of tape 20, not labeled) opposite each other, the measuring tape (Fig. 3; 20) having a free end (Fig. 3; end of tape 20 connected to hook 82) which extends between the first longitudinal edge (Fig. 3; side edge of tape 20, not labeled) and the second longitudinal edge (Fig. 3; side edge of tape 20, not labeled); and measurement indicia (Fig. 3; 44) coupled to the first surface (Fig. 1; 40) of the measuring tape (Fig. 3; 20), the measurement indicia (Fig. 3; 44) including: a plurality of numbers (Fig. 3; 44 is a “numerical measurement reference character”) indicating distances ([0036]; “inches, as shown”) from the free end (Fig. 3; end of tape 20 connected to hook 82) of the measuring tape (Fig. 3; 20), the plurality of numbers (Fig. 3; 44 “numerical measurement reference character”) including a first subset of numbers (Fig. 1; 48 of 44) and a second subset of numbers (Fig. 1; 46 of 44), the numbers of each of the first and second subsets of numbers (Fig. 1; 46 and 48) increasing consecutively ([0036]; “numbers ranging from one to ninety-nine”) away from the free end (Fig. 3; end of tape 20 connected to hook 82) of the measuring tape (Fig. 3; 20); wherein the numbers (Fig. 3; 44) of the first subset of numbers (Fig. 1; 48 of 44) are colored in a repeated pattern of two numbers (Fig. 1; 48 numbers 1 and 2) in a first color (Fig. 1; 48 and “Black”), two numbers (Fig. 1; 48 numbers 3 and 4) in a second color (Fig. 1; 48 and “Red”), and two numbers (Fig. 1; 48 numbers 5 and 6) in a third color (Fig. 1; 48 and “Blue”); and wherein the numbers of the second subset of numbers (Fig. 1; 46 of 44) are colored in a repeated pattern of two numbers (Fig. 1; 46 numbers 1 and 2) in a first color (Fig. 1; 46 and “Brown”), two numbers (Fig. 1; 46 numbers 3 and 4) in a second color (Fig. 1; 46 and “Orange”), and two numbers (Fig. 1; 46 numbers 5 and 6) in a third color (Fig. 1; 46 and “Yellow”). Regarding claim 2, Germain discloses the measuring device (Fig. 3; 10) of claim 1, wherein the first color of the first subset of numbers (Fig. 1; 48 of 44) is black (Fig. 1; 48 and “Black”), the second color of the first subset of numbers (Fig. 1; 48 of 44) being red (Fig. 1; 48 and “Red”), the third color of the first subset of numbers (Fig. 1; 48 of 44) being blue (Fig. 1; 48 and “Blue”). Regarding claim 3, Germain discloses the measuring device of claim 2, wherein the first color of the second subset of numbers (Fig. 1; 46 of 44) is brown (Fig. 1; 46 and “Brown”), the second color of the second subset of numbers (Fig. 1; 46 of 44) being orange (Fig. 1; 46 and “Orange”), the third color of the second subset of numbers (Fig. 1; 46 of 44) being yellow (Fig. 1; 46 and “Yellow”). Regarding claim 4, Germain discloses the measuring device of claim 1, wherein the numbers of each of the first and second subsets of numbers (Fig. 1; 46 and 48 of 44) are evenly spaced ([0036]) with respect to each other. Regarding claim 6, Germain discloses the measuring device of claim 1 wherein the measurement indicia (Fig. 3; 44) further includes a plurality of graduations (Fig. 1; 121b) indicating distances from the free end (Fig. 3; end of tape 20 connected to hook 82) of the measuring tape. Regarding claim 7, Germain discloses the measuring device of claim 1, further comprising phase indicia (Fig. 1; 45a, 45b, 45c) coupled to the first surface of the measuring tape (Fig. 1; 20), the phase indicia (Fig. 1; 45a, 45b, 45c) indicating an associated one of a first phase (“A”), a second phase (“B”), and a third phase (“C”) for each number of the first and second subsets of numbers (Fig. 1; 46 and 48), the phase indicia including: a plurality of first phase indicia (“A”), wherein each number of the first and second subsets of numbers (Fig. 1; 46 and 48) having the first color (“Brown”) of the first subset of numbers (Fig. 1; 48 of 44) or the first color (“Black”) of the second subset of numbers (Fig. 1; 46 of 44) is positioned adjacent to an associated first phase indicium (“A”) of the plurality of first phase indicia (Fig. 1; 45a); a plurality of second phase indicia (“B”), wherein each number of the first and second subsets of numbers (Fig. 1; 46 and 48) having the second color (Fig. 1; 48 and “Red”) of the first subset of numbers (Fig. 1; 48 of 44) or the second color (Fig. 1; 46 and “Orange”) of the second subset of numbers (Fig. 1; 46 of 44) is positioned adjacent to an associated second phase indicium (“B”) of the plurality of second phase indicia (Fig. 1; 45b); and a plurality of third phase indicia (“C”), wherein each number of the first and second subsets of numbers having the third color (Fig. 1; 48 and “Blue”) of the first subset of numbers (Fig. 1; 48 of 44) or the third color (Fig. 1; 46 and “Yellow”) of the second subset of numbers (Fig. 1; 46 of 44) is positioned adjacent to an associated third phase indicium (“C”) of the plurality of third phase indicia (Fig. 1; 45c). Regarding claim 8, Germain discloses the measuring device of claim 1, further comprising voltage indicia (Fig. 1; colors of 46 and 48) coupled to the first surface of the measuring tape (Fig. 1; 20), the voltage indicia (Fig. 1; 46 and 48) comprising a low voltage indicium (Fig. 1; “low voltage color” 48) and a high voltage indicium (Fig. 1; “high voltage color” 46), the low voltage indicium (Fig. 1; “low voltage color” 48) being positioned adjacent to the first subset of numbers (Fig. 1; 46 of 44), the high voltage indicium (Fig. 1; “high voltage color” 46) being positioned adjacent to the second subset of numbers (Fig. 1; 48 of 44). Regarding claim 10, Germain discloses the measuring device of claim 1, further comprising a case (Fig. 3; 30), the case defining a slot (Fig. 3; opening where tape 20 exits case 30) which extends into the case, the measuring tape (Fig. 3; 20) being mounted in the case (Fig. 3; 30), the measuring tape extending out of the case through the slot, the measuring tape being extendable ([0011]) away from the case via the slot. 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Germain in view of Klein (US20160069658) “Klein”. Regarding claim 5, Germain discloses the measuring device of claim 1, including the first subset of numbers and the second subset of numbers (Fig. 1; 46 and 48) and the first longitudinal edge and second longitudinal edge (Fig. 3; edges of tape 20) of the measuring tape (Fig. 3; 20). Germain does not disclose the first subset of numbers are oriented such that a top end of each number faces the first longitudinal edge, and the second subset of numbers are oriented such that a top end of each number faces the second longitudinal egde. Klein teaches an orientation of a top end of numbers (Fig. 7 shows numbers with the top end facing opposing edges). It would have been obvious to one of ordinary skill in the art before the effective filing date to orient Germain’s first subset of numbers towards Germain’s first longitudinal edge and orient Germain’s second subset of numbers towards Germain’s second longitudinal edge, as taught by Klein, thereby making it easier for a user to read their measurement. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Germain in view of Ekdahl (US20040031166) “Ekdahl”. Regarding claim 9, Germain discloses the measuring device of claim 1. Germain does not disclose conduit bending indicia, the conduit bending indicia being configured to indicate associated arc lengths of electrical conduit of various sizes. Ekdahl teaches conduit bending indicia (Fig. 3; 50), the conduit bending indicia being configured to indicate associated arc lengths ([0037]) of electrical conduit ([0037]; “conduit”) of various sizes. It would have been obvious to one of ordinary skill in the art before the effective filing date to include Ekdahl’s conduit bending indicia on Germain’s measuring device, thereby making it easier for a user to mark conduit bends directly. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Germain in view of Klein and Ekdahl. Regarding claim 11, Germain discloses a measuring device (Fig. 3; 10) comprising: a case (Fig. 3; 30), the case defining a slot (Fig. 3; opening where tape 20 exits case 30) which extends into the case (Fig. 3; 30); a measuring tape (Fig. 3; 20) mounted in the case, the measuring tape (Fig. 3; 20) being elongated, the measuring tape having a first surface (Fig. 1; 40) and a second surface (Fig. 1; 60) opposite each other, the measuring tape having a first longitudinal edge (Fig. 3; side edge of 20, not labeled) and a second longitudinal edge (Fig. 3; side edge of 20, not labeled) opposite each other, the measuring tape having a free end (Fig. 3; end of tape 20 connected to hook 82) which extends between the first longitudinal edge (Fig. 3; side edge of 20, not labeled) and the second longitudinal edge (Fig. 3; side edge of 20, not labeled), the measuring tape extending out of the case through the slot, the measuring tape being extendable away from the case via the slot; measurement indicia (Fig. 3; 44) coupled to the first surface of the measuring tape, the measurement indicia (Fig. 3; 44) including: a plurality of numbers ([0036] “numbers ranging from one to ninety-nine”) indicating distances ([0036 “inches, as shown”]) and increasing consecutively from the free end of the measuring tape, the numbers being evenly spaced ([0036 “inches, as shown”]) with respect to each other, wherein the numbers are colored in a repeated pattern of two numbers (Fig. 1; numbers 1 and 2) in a first color (Fig. 1; 48 “Black”), two numbers (Fig. 1; numbers 3 and 4) in a second color (Fig. 1; 48 “Red”), and two numbers (Fig. 1; numbers 5 and 6) in a third color (Fig. 1; 48 “Blue”), the first color of the numbers being black (Fig. 1; “Black”), the second color of the numbers being red (Fig. 1; “Red”), the third color of the numbers being blue (Fig. 1; “Blue”); wherein the numbers are colored in a repeated pattern of two numbers (Fig. 1; numbers 1 and 2) in a first color (Fig. 1; 46 “Brown”), two numbers (Fig. 1; numbers 3 and 4) in a second color (Fig. 1; 46 “Orange”), and two numbers (Fig. 1; numbers 5 and 6) in a third color (Fig. 1; 46 “Yellow”), the first color of the numbers being brown (Fig. 1; “Brown”), the second color of the numbers being orange (Fig. 1; “Orange), the third color of the numbers being yellow (Fig. 1; “Yellow”); and a plurality of graduations (Fig. 1; 121) indicating distances from the free end of the measuring tape; phase indicia (Fig. 1; 45a, 45b, 45c) coupled to the first surface of the measuring tape, the phase indicia (Fig. 1; 45a, 45b, 45c) indicating an associated one of a first phase (Fig. 1; “A”), a second phase (Fig. 1; “B”), and a third phase (Fig. 1; “C”), the phase indicia including: a plurality of first phase indicia (Fig. 1; 45a), wherein each number having the first color (“Brown” or “Black”) is positioned adjacent to an associated first phase indicium (Fig. 1; 45a) of the plurality of first phase indicia; a plurality of second phase indicia (Fig. 1; 45b), wherein each number having the second color (“Orange” or “Red”) is positioned adjacent to an associated second phase indicium (Fig. 1; 45b) of the plurality of second phase indicia (Fig. 1; 45b); and a plurality of third phase indicia (Fig. 1; 45c), wherein each number having the third color (“Yellow” or “Blue”) is positioned adjacent to an associated third phase indicium (Fig. 1; 45c) of the plurality of third phase indicia (Fig. 1; 45c); voltage indicia (Fig. 1; 46 and 48) coupled to the first surface of the measuring tape, the voltage indicia (Fig. 1; 46 and 48) comprising a low voltage indicium (Fig. 1; “low voltage color” 48) and a high voltage indicium (Fig. 1; “high voltage color” 46), the low voltage indicium (Fig. 1; “low voltage color” 48) being positioned adjacent to the numbers (Fig. 1; 44), the high voltage indicium (Fig. 1; “high voltage color” 46) being positioned adjacent to the numbers (Fig. 1; 44). Germain does not disclose conduit bending indicia, the conduit bending indicia configured to indicate associated arc lengths of electrical conduit of various sizes, each conduit bending indicum of the plurality of conduit bending indicia being positioned at a distance associated with arc length of electrical conduit of a given size a first subset of numbers and a second subset of numbers, the first subset of numbers oriented such that a top end of each number of the first subset of numbers faces an edge, the second subset of numbers oriented such that a top end of each number of the second subset of numbers faces an edge. Ekdahl teaches 1) conduit bending indicia (Fig. 3; 50), the conduit bending indicia configured to indicate associated arc lengths ([0037]) of electrical conduit ([0037]; “conduit”) of various sizes, each conduit bending indicum (Fig. 3; 50) of the plurality of conduit bending indicia being positioned at a distance (Fig. 3; 50 is in multiple locations and associated with multiple measurement lengths) associated with arc length ([0037]) of electrical conduit of a given size. Klein teaches 2) a first subset of numbers (Fig. 7; numbers along left edge) and a second subset of numbers (Fig. 7; numbers along right edge), the first subset of numbers oriented such that a top end of each number of the first subset of numbers faces an edge (Fig. 7; 1/8 – 7/8’s top end faces edge), the second subset of numbers oriented such that a top end of each number of the second subset of numbers faces an edge (Fig. 7; 1/8 – 7/8’s top end faces edge). It would have been obvious to one of ordinary skill in the art before the effective filing date to include Ekdahl’s conduit bending indicia on Germain’s measuring device, making it easier for a user to mark conduit bends directly, and to use Klein’s indicia orientation and first and second subset of numbers, making it easier for a user to read their measurement. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20220196376 discloses an electrical color chart tape measure apparatus for viewing a color code chart while measuring conduit. US4700491 discloses an electrician's color-coded ruler including sequentially numbered numerals each colored in one of three desired colors corresponding in a repeating pattern to the sequentially numbered poles of a three-phase panelboard. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA JOSEPHINE SAUNDERS whose telephone number is (571)272-6528. The examiner can normally be reached 7:30-5:00 EST. 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, 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. 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. /ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855 /PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855