Geometrical instruments – Gauge – With point marker
Reexamination Certificate
2000-08-07
2002-08-20
Fulton, Christopher W. (Department: 2859)
Geometrical instruments
Gauge
With point marker
C033S760000
Reexamination Certificate
active
06434854
ABSTRACT:
BACKGROUND OF THE INVENTION
1. Field of the Invention
The present invention generally relates to measuring devices, specifically an integrated marker and tape measure consisting of: a housing, a flexible tape with measuring increments, a coiling mechanism for the flexible tape, an extensible marking element for placing a mark on the surface being measured, and indicia located on the housing for indicating mark placement.
2. Description of the Related Art
Tape measures are generally used to either measure dimensions of an existing object or as an aid for marking at a specific distance from a reference point. While tape measures are adequate for measuring, it is more difficult for a user to mark a dimension accurately when using a separate marking instrument.
There is a variety of prior art which integrates a marking instrument or mechanism into a tape measure. The inventions tend to be more difficult to use as the marking method is not easy to use nor intuitive. When using a desirable erasable marking material like graphite, the prior art often requires the user to move the housing of the tape measure in order to make a mark. This movement can be difficult to perform accurately. Many systems modify the tape measure such that it is difficult to place in a pocket or employ in traditional measuring operations which diminishes its functionality as a tape measure.
A variety of inscriptive devices have been disclosed which combine a marker and tape measure. Agostinacci (U.S. Pat. No. 4,965,941; issued Oct. 30, 1990) discloses a double pronged marking system which uses an actuator member to deploy a mark on both sides of the tape. Several disadvantages of Agostinacci include placement of the actuator member in a position difficult for a user to operate during a variety of measuring and marking tasks, and a braking mechanism, which is not optimally functional. In addition, the invention makes two marks on the surface, which may not always be ideal for home applications. Pentecost (U.S. Pat. No. 4,630,376; issued Dec. 23, 1986) discloses an inscriptive device which is attached to the exterior of an existing tape measure. The device tends to be difficult to align with a desired measurement and difficult to operate in an ergonomically efficient manner. Ruffer (U.S. Pat. No. 5,815,939; issued Oct. 6, 1998) discloses a totally enclosed marking attachment for any tape measure which is engaged by lifting a finger pull and releasing to cause a striker to make an ink mark on the surface. The means of actuation, pulling up and releasing, may be difficult to perform in a variety of hand positions which is necessary for the operation of a tape measure; and the marking action is difficult to use with graphite.
Potter et al. (U.S. Pat. No. 5,829,152; issued Nov. 3, 1998) discloses an integrated system for measuring and marking on a surface by means of moving the housing towards the surface to mark a given point but again is difficult to use with an erasable marking material. Doak et al. (U.S. Pat. No. 4,760,648; issued Aug. 2, 1988) discloses a marking device that attaches to an existing tape measure and has a marking member which projects downward to contact the surface adjacent to a prescribed indicator. The marking device protrudes from the side of the housing and can interfere with location of the device in a storage pocket or may mar surfaces it comes in contact with. Taylor (U.S. Pat. No. 4,015,337; issued Apr. 5, 1977) discloses a combined tape measure and marking device that includes a tape measure assembly and a spring loaded arm which marks the surface pivotally on one side of the device. The invention also combines a mechanism such that when the mark is made, the tape is retracted into the housing automatically.
A variety of disclosures have been made regarding the inscription of a line perpendicular to the edge of a surface. Hastings et al. (U.S. Pat. No. 5,481,810) discloses a combination tape measure and straight edge apparatus, Clifton (U.S. Pat. No. 5,787,599; issued Aug. 4, 1998) discloses a layout and guide tool for marking a work surface, and Skinner (U.S. Pat. No. 5,809,662) discloses a tape measure assembly with a ridge that is disposed along an edge of its housing and is generally perpendicular to the housing's spooling axis. While all are capable of making a mark which is generally perpendicular to an edge, none integrate the feature into the housing itself, thus saving added complexity and additional manufactured part cost. Hammerstrom (U.S. Pat. No. 4,296,554; issued Oct. 27, 1981) discloses a belt clip which allows the insertion of a pencil for creating a visual mark on the surface. This requires the user to move the body of the tape measure to create a mark, an action which requires particular dexterity. Yamamoto (U.S. Pat. No. 4,542,589; issued Sep. 24, 1985) requires a mark to be made by means of rotating the case towards the extended tape, aligning the marker with the desired measurement, and scribing a mark. This also requires a particular dexterity to make an accurate mark. Carlson (U.S. Pat. No. 4,667,412; issued May 26, 1987) places a marking substance directly below an easy to read indicator yet requires frequent refills to maintain accuracy and a sideways motion to create a mark. Samson (U.S. Pat. No. 4,729,171; issued Mar. 8, 1988) incorporates an actuating element that allows for marking at both ends of the tape measure and this requires a side motion to use graphite lead to make a mark. Legare (U.S. Pat. No. 4,914,830; issued Apr. 10, 1990) discloses a tape measuring device with an integrated holder for a marking instrument like a pencil or pen. While the system is effective for making arcs, it is difficult to use for the marking of a simple linear dimension. Kuze et al. (U.S. Pat. No. 4,965,944; issued Oct. 30, 1990) is a measuring rule whose case allows for the marking of lines perpendicular and at an angle to an edge but does not allow for the marking without a secondary instrument. McKnight (U.S. Pat. No. 4,580,347; issued Apr. 8, 1986) discloses a tape measure with a number of features including an integrated light for viewing the tape.
The inventors believe the known prior art taken alone or in combination neither anticipate nor render obvious the present invention. These citations do not constitute an admission that such disclosures are relevant or material to the present claims. Rather, these citations relate only to the general field of the disclosure and are cited as constituting the closest art of which the inventor is aware.
SUMMARY OF THE INVENTION
Accordingly, several advantages of the present invention are:
(a) the ability to mark on a surface at a given distance from a reference point by pressing a button;
(b) the flexibility to use a variety of marking media including stamped ink, ball point pen, and graphite;
(c) the ability to use a marking media which requires friction with a writing surface to make a mark;
(d) the ability to create a mark in the shape of a line;
(e) a system which applies progressive braking to the tape assembly as a mark is being made;
(f) a system whereby the marking assembly is modular and can be changed depending on user preference and the material being marked;
(g) a system that can use a standard mechanical lead mechanism which has benefits of reliability and standardization of refills;
(h) a direct line of sight from above or from the side to align the mark and tape indicia with greater accuracy;
(i) a system which includes a modular door element which can be modified for additional features including a level, a light, a lens with a crosshair, and a magnifying lens;
(j) an attachment that acts as a square for drawing perpendicular and angled lines to an edge and other template dimensions;
(k) the ability to draw radii and parallel lines without a separate marking device;
(l) the ability to see tape indicia on either side of the door indicia, thus making it easier to accurately align a desired dimension (as opposed to aligning a dimension with the edge of a housing where the tape emerges);
(m) a footprint which
MacColl Ian Coats
MacDougall Donald
Whitaker Philip C.
Fulton Christopher W.
Harmon & DeNiro LLP
Inventures Product Development, Inc.
Marcus Vierra Magen
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