Tape measure and marking apparatus

Geometrical instruments – Gauge – With point marker

Reexamination Certificate

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Details

C033S768000, C033S027032

Reexamination Certificate

active

06574881

ABSTRACT:

BACKGROUND OF THE INVENTION
1. Field of the Invention
The present invention relates generally to tape measures and, more particularly, to tape measures that are especially adapted for marking an article that is being measured.
2. Description of the Prior Art
It is well known in the art to use a tape measure and to apply a mark to an article that is being measured. In this respect, throughout the years, a number of innovations have been developed relating to tape measures that are equipped with marking instruments, and the following U.S. patents are representative of some of those innovations: U.S. Pat. Nos. 3,336,678, 3,802,083, 4,667,412, 4,965,941, 5,435,074, 5,829,152, and 6,041,513. More specifically, each of U.S. Pat. Nos. 3,336,678, 3,802,083, 4,965,941, 5,435,074, and 6,041,513 discloses a tape measure that is equipped with a marking instrument that makes a mark, in the form of a point, on an article being measured. Although a mark in the form of a point may be suitable for some purposes, a more expansive mark would be more easily visible in many instances. In this respect, it would be desirable if a tape measure and marking apparatus were provided which makes a mark that is more expansive than a point.
Each of U.S. Pat. Nos. 4,667,412 and 5,829,152 discloses a tape measure and marking apparatus that provides a linear mark under a portion of the tape measure. Although providing a mark under a tape measure may be suitable in some instances, there are other instances in which it would be desirable to provide a mark, more expansive than a point, to the side of the tape. In this respect, it would be desirable if a tape measure and marking apparatus were provided which places a mark to the side of the tape, wherein the mark is more expansive than a point.
Still other features would be desirable in a tape measure and marking apparatus. For example, it is important to closely match a mark that is made with a tape measure measurement. To facilitate making this close match between the mark that is made and the measurement on the tape measure, it would be desirable if a tape measure and marking apparatus were provided with a pointer that points from a marker portion of the apparatus to a tape measure portion of the apparatus.
In addition, for accurate marking of an article, it is important that all of the following be in clear alignment: the pointer; the position on the tape measure that is pointed to; and the mark that is made on the article.
Still further, for optimum accuracy in marking an article, and in matching the mark on the article to indicia on the tape measure, it would be desirable if a tape measure and marking apparatus were provided that makes a mark wherein the mark itself points to aligned indicia on a tape measure.
Once a desired mark is made on an article by a marker, it is important that the marker not make any extraneous or unwanted marks on the article. To help prevent the making of unwanted marks, it would be desirable if a tape measure and marking apparatus were provided which has a retractable marking element that automatically retracts once a desired mark has been made on an article.
A large number of conventional tape measures are already out in the marketplace that do not have any marking system associated therewith. To improve the functionality of conventional tape measures that do not have marking systems, it would be desirable if a marking system could be retrofitted to a conventional tape measure to provide a combination tape measure and marking apparatus.
For persons who have difficulty in reading a tape measure and in aligning a pointer with indicia on the tape measure because of insufficient visual acuity, it would be desirable if a tape measure and marking apparatus were provided with a magnifier which provides magnification of the pointer and indicia on the tape measure.
With some tape measure and marking apparatuses, a mark is made on an article by moving a portion of a pointed marker along the article to be marked. The act of moving a marker along an article that is marked may lead to inaccuracies caused by slippage. To avoid such slippage caused by a marker that moves along an article that is marked, it would be desirable if a marker were provided which simply stamps a mark upon an article to be marked.
Thus, while the foregoing body of prior art indicates it to be well known to use combination tape measures and marking apparatuses, the prior art described above does not teach or suggest a tape measure and marking apparatus which has the following combination of desirable features: (1) makes a mark that is more expansive than a point; (2) places a mark to the side of the tape, wherein the mark is more expansive than a point; (3) provides a pointer that points from a marker portion of the apparatus to a tape measure portion of the apparatus; (4) provides all of the following be in clear alignment—a pointer; a position on the tape measure that is pointed to; and a mark that is made on the article; (5) makes a mark wherein the mark itself points to aligned indicia on a tape measure; (6) has a retractable marking element that automatically retracts once a desired mark has been made on an article; (7) can be retrofitted to a conventional tape measure to provide a combination tape measure and marking apparatus; (8) can be provided with a magnifier which provides magnification of a pointer and indicia on the tape measure; and (9) stamps a mark upon an article to be marked; (10) provides a selectable option of type of enhanced marking to be used and the corresponding manner of operation thereof; and (11) which optionally facilitates the marking of scribed arcs by permitting the anchoring of the end of the measuring tape on a work surface such that the tape measure housing may be moved simultaneously upon actuation of the marking apparatus thereof.
The foregoing desired characteristics are provided by the unique tape measure and marking apparatus of the present invention as will be made apparent from the following description thereof. Other advantages of the present invention over the prior art also will be rendered evident.
SUMMARY OF THE INVENTION
To achieve the foregoing and other advantages, the present invention, briefly described, provides a marking apparatus for use with a tape measure that has a tape measure housing from which measuring tape exits in a tape dispensing direction. The marking apparatus includes a marker support member attached to a first outer side of the tape measure housing, and the marker support member extends forward of the tape measure housing in the tape dispensing direction. A retractable marker unit is attached to the marker support member at a location distal to the tape measure housing in the tape dispensing direction. The retractable marker unit is located beside the measuring tape that is dispensed from the tape measure housing. A belt clip can be attached to a second outer side of the tape measure housing. A pointer member is attached to the retractable marker unit and extends over a portion of the measuring tape that is dispensed from the tape measure housing.
More specifically, the retractable marker unit includes a vertically extending plunger which includes an alignment indicia which is in alignment with the pointer member. The alignment indicia is in a form of an alignment triangle which has a triangle apex pointing in alignment with the pointer member. The retractable marker unit includes a marker unit housing which receives the plunger. A return spring is received in the marker unit housing and urges the plunger towards a non-marking position. A marker element retainer is attached to a distal end of the plunger, and a marker element is attached to the marker element retainer. Preferably, the marker element is an absorbent pad that contains a quantity of marking liquid, such as ink.
Preferably, the marker unit housing has a generally trapezoidal cross-sectional shape whose non-parallel sides tend to converge towards the pointer member. The marker element is in a form of a marker triangle which has a triangl

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