IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Milwaukee Electric Tool Corporation
`
`Title:
`
`Tape Measure with Tape Blade Profile Increasing Tape Standout
`
`Atty. Dkt. No. 066749-1484
`
`Prior Appl. No.: PCT/US2018/047759
`Prior Appl.
`Filing Date:
`
`August 23, 2018
`
`Examiner:
`
`To be determined
`
`Art Unit:
`
`To be determined
`
`CONTINUING PATENT APPLICATION
`TRANSMITTAL LETTER
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Transmitted herewith for filing under 37 C.F.R. § 1.53(b) is a:
`
`[X] Continuation
`
`[ ] Division
`
`[ ] Continuation-In-Part (CIP)
`
`of the above-identified copending prior application in which no patenting, abandonment, or
`
`termination of proceedings has occurred. Priority to the above-identified prior application is
`
`hereby claimed under 35 U.S.C. § 120 for this continuing application. The entire disclosure of
`
`the above-identified prior application is considered as being part of the disclosure of the
`
`accompanying continuing application and is hereby incorporated by reference therein in its
`
`entirety.
`
`Enclosed are:
`
`[X] Application Data Sheet (37 CFR 1.76)
`
`[X] Cover Page, Description, Claims and Abstract
`
`[ X ] Preliminary Amendment
`
`[ X ] Formal drawings
`
`[ X ] Power of Attorney from Assignee/ Applicant
`
`40120074
`
`-1-
`
`APEX TOOL GROUP, LLC - EX. 1005-001
`
`

`

`Atty. Dkt. No. 066749-1484
`
`The requisite fees are being charged to Deposit Account No. 18-0882.
`
`The Commissioner is hereby authorized to charge any additional fees which may be
`
`required regarding this application under 37 C.F.R. §§ 1.16-1.17, or credit any overpayment, to
`
`Deposit Account No. 18-0882.
`
`Please direct all correspondence to the undersigned attorney or agent at the address
`
`indicated below.
`
`Respectfully submitted,
`
`Date August 27, 2018
`
`By
`
`/James D. Borchardt/
`
`Reinhart Boerner Van Deuren s.c.
`Customer Number: 142078
`Telephone:
`(414) 298-8160
`Facsimile:
`(414) 298-8097
`
`James D. Borchardt
`Attorney for Applicant
`Registration No. 62,025
`
`40120074
`
`-2-
`
`APEX TOOL GROUP, LLC - EX. 1005-002
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Milwaukee Electric Tool Corporation
`
`Title:
`
`Tape Measure with Tape Blade Profile Increasing Tape Standout
`
`Atty. Dkt. No. 066749-1484
`
`Prior Appl. No.: PCT/US2018/047759
`Prior Appl.
`Filing Date:
`
`August 23, 2018
`
`Examiner:
`
`To be determined
`
`Art Unit:
`
`To be determined
`
`CONTINUING PATENT APPLICATION
`TRANSMITTAL LETTER
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Transmitted herewith for filing under 37 C.F.R. § 1.53(b) is a:
`
`[X] Continuation
`
`[ ] Division
`
`[ ] Continuation-In-Part (CIP)
`
`of the above-identified copending prior application in which no patenting, abandonment, or
`
`termination of proceedings has occurred. Priority to the above-identified prior application is
`
`hereby claimed under 35 U.S.C. § 120 for this continuing application. The entire disclosure of
`
`the above-identified prior application is considered as being part of the disclosure of the
`
`accompanying continuing application and is hereby incorporated by reference therein in its
`
`entirety.
`
`Enclosed are:
`
`[X] Application Data Sheet (37 CFR 1.76)
`
`[X] Cover Page, Description, Claims and Abstract
`
`[ X ] Preliminary Amendment
`
`[ X ] Formal drawings
`
`[ X ] Power of Attorney from Assignee/ Applicant
`
`40120074
`
`-1-
`
`APEX TOOL GROUP, LLC - EX. 1005-003
`
`

`

`Atty. Dkt. No. 066749-1484
`
`The requisite fees are being charged to Deposit Account No. 18-0882.
`
`The Commissioner is hereby authorized to charge any additional fees which may be
`
`required regarding this application under 37 C.F.R. §§ 1.16-1.17, or credit any overpayment, to
`
`Deposit Account No. 18-0882.
`
`Please direct all correspondence to the undersigned attorney or agent at the address
`
`indicated below.
`
`Respectfully submitted,
`
`Date August 27, 2018
`
`By
`
`/James D. Borchardt/
`
`Reinhart Boerner Van Deuren s.c.
`Customer Number: 142078
`Telephone:
`(414) 298-8160
`Facsimile:
`(414) 298-8097
`
`James D. Borchardt
`Attorney for Applicant
`Registration No. 62,025
`
`40120074
`
`-2-
`
`APEX TOOL GROUP, LLC - EX. 1005-004
`
`

`

`Application Data Sheet
`
`Application Information
`
`Application Number:
`
`Application Type:
`
`Subject Matter:
`
`CD-ROM or CD-R:
`
`Computer Readable Form (CRF):
`
`Title:
`
`To Be Determined
`
`Nonprovisional
`
`Utility
`
`None
`
`No
`
`Tape Measure with Tape Blade Profile
`
`Increasing Tape Standout
`
`Attorney Docket Number:
`
`0667 49-1484
`
`Request for Early Publication:
`
`Request for Non-Publication:
`
`Suggested Drawing Figure:
`
`Total Drawing Sheets:
`
`Small Entity:
`
`Petition included:
`
`Secrecy Order in Parent Appl.:
`
`No
`
`No
`
`16
`
`No
`
`No
`
`No
`
`Inventor Information
`
`Status:
`
`Given Name:
`
`Family Name:
`
`City of Residence:
`
`State or Province of
`
`Residence:
`
`Full Capacity
`
`Jonathan F.
`
`Vitas
`
`Muskego
`
`Wisconsin
`
`Country of Residence:
`
`US
`
`Street of mailing address:
`
`S96W12969 Claude Harmon Circle
`
`City of mailing address:
`
`Muskego
`
`State or Province of mailing
`
`Wisconsin
`
`address:
`
`40120329
`
`Page# 1
`
`APEX TOOL GROUP, LLC - EX. 1005-005
`
`

`

`Country of mailing address:
`
`US
`
`Postal or Zip Code of mailing
`
`53150
`
`address:
`
`Status:
`
`Given Name:
`
`Family Name:
`
`City of Residence:
`
`State or Province of
`
`Residence:
`
`Full Capacity
`
`Abhijeet A.
`
`Khangar
`
`Pewaukee
`
`Wisconsin
`
`Country of Residence:
`
`US
`
`Street of mailing address:
`
`N43 W22755 Victoria Street
`
`City of mailing address:
`
`Pewaukee
`
`State or Province of mailing
`
`Wisconsin
`
`address:
`
`Country of mailing address:
`
`US
`
`Postal or Zip Code of mailing
`
`53072
`
`address:
`
`Correspondence Information
`
`Correspondence Customer Number:
`
`142078
`
`E-Mail address:
`
`ipadmin@reinhartlaw.com
`
`Representative Information
`
`Representative Customer
`
`142078
`
`Number:
`
`40120329
`
`Page# 2
`
`APEX TOOL GROUP, LLC - EX. 1005-006
`
`

`

`Domestic Priority Information
`
`Application: Continuity
`
`Prior
`
`Parent
`
`Prior
`
`Patent
`
`Type:
`
`Application
`
`Filing
`
`Application No.:
`
`No.:
`
`Date:
`
`Status:
`
`This
`
`Is a
`
`PCT/US2018 August 23, Pending
`
`N/A
`
`Application
`
`continuation
`
`/047759
`
`2018
`
`of
`
`PCT/US2018 Claims the
`
`62/702,575
`
`July 24,
`
`Pending
`
`N/A
`
`/047759
`
`benefit under
`
`2018
`
`35 U.S.C.
`
`119( e)
`
`PCT/US2018 Claims the
`
`62/549,511
`
`August 24, Expired
`
`N/A
`
`/047759
`
`benefit under
`
`2017
`
`35 U.S.C.
`
`119( e)
`
`Foreign Priority Information
`
`Country:
`
`Application
`
`Filing Date:
`
`Priority Claimed:
`
`number:
`
`Statement under 37 CFR 1.55 or 1.78 for AlA (First Inventor to File) Transition
`Applications
`
`D This application (1) claims priority to or the benefit of an application filed
`before March 16, 2013 and (2) also contains, or contained at any time, a claim to a
`claimed invention that has an effective filing date on or after March 16, 2013.
`
`NOTE: By providing this statement under 37 CFR 1.55 or 1. 78, this application, with a
`filing date on or after March 16, 2013, will be examined under the first inventor to file
`provisions of the AlA.
`
`Applicant Information
`
`40120329
`
`Page# 3
`
`APEX TOOL GROUP, LLC - EX. 1005-007
`
`

`

`Applicant 1:
`
`[X] Assignee
`
`[ ] Legal
`
`[ ] Person to
`
`[ ] Person who
`
`Representative
`
`whom the
`
`shows sufficient
`
`under 35 U.S.C.
`
`inventor is
`
`proprietary
`
`117
`
`obligated to
`
`interest
`
`assign
`
`If applicant is the legal representative, indicate the authority to file the patent
`
`application, the inventor is:
`
`Name of the Deceased or Legally Incapacitated Inventor:
`
`If the Assignee is an Organization check here [X]
`
`I Milwaukee Electric Tool Corporation
`
`Organization
`Name:
`13135 West Lisbon Road
`Brookfield, Wisconsin 53005
`
`Signature:
`First Name:
`Registration
`No.:
`
`/James D. Borchardt/
`James D.
`I Last Name:
`62,025
`
`Date:
`I August 27, 2018
`Borchardt
`
`40120329
`
`Page# 4
`
`APEX TOOL GROUP, LLC - EX. 1005-008
`
`

`

`Atty. Dkt. No.: 066749-1484
`
`US PATENT APPLICATION
`
`for
`
`TAPE MEASURE WITH TAPE BLADE PROFILE INCREASING TAPE
`
`STANDOUT
`
`Inventors:
`
`Jonathan F. Vitas
`
`Abhij eet A Khan gar
`
`APEX TOOL GROUP, LLC - EX. 1005-009
`
`

`

`Atty. Dkt. No.: 066749-1484
`
`TAPE MEASURE WITH TAPE BLADE PROFILE INCREASING TAPE
`
`STANDOUT
`
`CROSS-REFERENCE TO RELATED PATENT APPLICATIONS
`
`[0001]
`
`The present application is a continuation oflnternational Application No.
`
`PCT/US2018/047759, filed August 23, 2018, which claims the benefit of and priority to U.S.
`
`Provisional Application No. 62/702,575, filed on July 24, 2018, and U.S. Provisional
`
`Application No. 62/549,511, filed on August 24, 2017, all ofwhich are incorporated herein by
`
`reference in their entireties.
`
`BACKGROUND OF THE INVENTION
`
`[0002] The present invention relates generally to the field of tools. The present invention
`
`relates specifically to a tape measure, measuring tape, retractable rule, etc., that includes a tape
`
`measure blade with a profile shape that increases tape standout.
`
`[0003] Tape measures are measurement tools used for a variety of measurement applications,
`
`including in the building and construction trades. Some tape measures include a graduated,
`
`marked blade wound on a reel and also include a retraction system for automatically retracting
`
`the blade onto the reel. In some such tape measure designs, the retraction system is driven by a
`
`coil or spiral spring that is tensioned, storing energy as the tape is extended, and that releases
`
`energy to spin the reel, winding the blade back onto the reel such that automatic or non-manual
`
`tape retraction is provided. In some other tape measure designs, retraction of the tape is
`
`controlled via a manual crank, and such tape measure blades tend to have a long length.
`
`SUMMARY OF THE INVENTION
`
`[0004] One embodiment of the invention relates to a tape measure including a tape blade
`
`having a profiled cross-sectional shape to increase standout. In a specific embodiment, the tape
`
`blade has a flat width less than 27.94 mm and has standout of greater than 115 inches,
`
`-2-
`
`APEX TOOL GROUP, LLC - EX. 1005-010
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`

`

`Atty. Dkt. No.: 066749-1484
`
`specifically greater than 120 inches, more specifically greater 125 inches and more specifically
`
`greater than 130 inches. In a specific embodiment, the tape blade has a flat width less than 27.94
`
`mm and a curved height greater than 6.3 mm. In a specific embodiment, the tape blade has a flat
`
`width less than 27.94 mm and a curved width less than 22.5 mm. In some such embodiments,
`
`the tape blade has an angle A (defined below) less than 90 degrees.
`
`[0005] Another embodiment relates to a tape measure including a tape blade having a profiled
`
`cross-sectional shape to increase standout along with a low tape blade steel thickness. In a
`
`specific embodiment, the tape blade has a metal thickness of less than 0.13 mm, specifically
`
`between 0.09 mm and 0.13 mm, and has standout of greater than 115 inches, specifically greater
`
`than 120 inches, more specifically greater 125 inches and more specifically greater than 130
`
`inches. In a specific embodiment, the tape blade has a metal thickness of less than 0.13 mm,
`
`specifically between 0.09 mm and 0.13 mm, and a curved height greater than 6.3 mm. In a
`
`specific embodiment, the tape blade has a metal thickness of less than 0.13 mm, specifically
`
`between 0.09 mm and 0.13 mm, and a curved width less than 22.5 mm. In some such
`
`embodiments, the tape blade has an angle A (defined below) less than 90 degrees.
`
`[0006] Another embodiment of the invention relates to a tape measure. The tape measure
`
`includes a housing, a reel rotatably mounted within the housing and an elongate blade wound
`
`around the reel. The elongate blade includes an elongate metal core having an upper surface, a
`
`lower surface and a first thickness, T1, measured between the upper surface and the lower
`
`surface. The elongate blade includes an upper polymer coating coupled to the upper surface of
`
`the elongate metal core, the upper polymer coating having a second thickness, T2, and an upper
`
`surface defining the uppermost surface of the elongate blade. The elongate blade includes a
`
`lower polymer coating coupled to the lower surface of the elongate metal core, the lower
`
`polymer coating having a third thickness, T3, and a lower surface defining the lowermost surface
`
`of the elongate blade. The elongate blade includes a curved profile such that the uppermost
`
`surface of the elongate blade defines a concave surface, the lowermost surface defines a convex
`
`surface, a curved width and a curved height. A flat width of the elongate metal core is less than
`
`32 mm. A ratio of the curved width to a flat width of the elongate metal core is less than 0.74. A
`
`ratio of the curved height to the flat width of the elongate metal core is greater than 0.29. A
`
`-3-
`
`APEX TOOL GROUP, LLC - EX. 1005-011
`
`

`

`Atty. Dkt. No.: 066749-1484
`
`standout distance of the elongate blade from the housing is greater than 150 inches. The tape
`
`measure includes a retraction system coupled to the tape reel, and the retraction system drives
`
`rewinding of the elongate tape blade on to the tape reel.
`
`[0007] Another embodiment of the invention relates to a tape measure. The tape measure
`
`includes a housing, a reel rotatably mounted within the housing and an elongate blade wound
`
`around the reel. The elongate blade includes an elongate metal core having an upper surface, a
`
`lower surface and a first thickness, T1, measured between the upper surface and the lower
`
`surface. The elongate blade includes an upper polymer coating coupled to the upper surface of
`
`the elongate metal core, the upper polymer coating having a second thickness, T2, and an upper
`
`surface defining the uppermost surface of the elongate blade. The elongate blade includes a
`
`lower polymer coating coupled to the lower surface of the elongate metal core, the lower
`
`polymer coating having a third thickness, T3, and a lower surface defining the lowermost surface
`
`of the elongate blade. The elongate blade includes a curved profile such that the uppermost
`
`surface of the elongate blade defines a concave surface, the lowermost surface defines a convex
`
`surface, a curved width and a curved height. A flat width of the elongate metal core is 32 mm or
`
`greater. A ratio of the curved width to a flat width of the elongate metal core is less than 0.70. A
`
`ratio of the curved height to the flat width of the elongate metal core is greater than 0.31. A
`
`standout distance of the elongate blade from the housing is greater than 150 inches. The tape
`
`measure includes a retraction system coupled to the tape reel, and the retraction system drives
`
`rewinding of the elongate tape blade on to the tape reel.
`
`[0008] Another embodiment of the invention relates to a tape measure. The tape measure
`
`includes a housing, a reel rotatably mounted within the housing and an elongate blade wound
`
`around the reel. The elongate blade includes an upper surface, a lower surface, a curved profile
`
`such that the upper surface of the elongate blade defines a concave surface and the lower surface
`
`defines a convex surface. The elongate blade includes a flat width of 30 mm or less, a curved
`
`width, wherein the curved width is less than the flat width and a standout distance of the elongate
`
`blade from the housing of at least 132 inches. The tape measure includes a retraction system
`
`coupled to the tape reel, and the retraction system drives rewinding of the elongate tape blade on
`
`to the tape reel.
`
`-4-
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`APEX TOOL GROUP, LLC - EX. 1005-012
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`

`

`Atty. Dkt. No.: 066749-1484
`
`[0009] Another embodiment of the invention relates to a tape measure. The tape measure
`
`includes a housing, a reel rotatably mounted within the housing and an elongate blade wound
`
`around the reel. The elongate blade includes an upper surface, a lower surface and a curved
`
`profile such that the upper surface of the elongate blade defines a concave surface and the lower
`
`surface defines a convex surface. The elongate blade includes a flat width greater than or equal
`
`to 29 mm and less than 32 mm, a curved width, wherein the curved width is less than the flat
`
`width and a standout distance of the elongate blade from the housing of at least 156 inches. The
`
`tape measure includes a retraction system coupled to the tape reel, and the retraction system
`
`drives rewinding of the elongate tape blade on to the tape reel.
`
`[0010] Another embodiment of the invention relates to a tape measure. The tape measure
`
`includes a housing, a reel rotatably mounted within the housing and an elongate blade wound
`
`around the reel. The elongate blade includes an upper surface, a lower surface and a curved
`
`profile such that the upper surface of the elongate blade defines a concave surface and the lower
`
`surface defines a convex surface. The elongate blade includes a flat width greater than 32 mm, a
`
`curved width, wherein the curved width is less than the flat width and a standout distance of the
`
`elongate blade from the housing of at least 168 inches. The tape measure includes a retraction
`
`system coupled to the tape reel, wherein the retraction system drives rewinding of the elongate
`
`tape blade on to the tape reel.
`
`[0011] Additional features and advantages will be set forth in the detailed description which
`
`follows, and, in part, will be readily apparent to those skilled in the art from the description or
`
`recognized by practicing the embodiments as described in the written description and claims
`
`hereof, as well as the appended drawings. It is to be understood that both the foregoing general
`
`description and the following detailed description are exemplary.
`
`[0012] The accompanying drawings are included to provide further understanding and are
`
`incorporated in and constitute a part of this specification. The drawings illustrate one or more
`
`embodiments and, together with the description, serve to explain principles and operation of the
`
`various embodiments.
`
`-5-
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`APEX TOOL GROUP, LLC - EX. 1005-013
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`

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`Atty. Dkt. No.: 066749-1484
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[0013]
`
`FIG. 1 is a left side perspective view of a tape measure, according to an exemplary
`
`embodiment.
`
`[0014]
`
`FIG. 2 is a left side perspective view of the tape measure of FIG. 1 with a portion of
`
`the tape measure housing removed, according to an exemplary embodiment.
`
`[0015]
`
`FIG. 3 is a cross-sectional view of a polymer coated tape blade of the tape measure of
`
`FIG. 1, according to an exemplary embodiment.
`
`[0016]
`
`FIG. 4 is a schematic side view of the tape measure ofFIG. 1 with a portion of the
`
`tape blade extended from the tape housing, according to another exemplary embodiment.
`
`[0017]
`
`FIG. 5 is a cross-sectional view showing the profile of a tape blade, according to an
`
`exemplary embodiment.
`
`[0018]
`
`FIG. 6 is a cross-sectional view showing the profile of a tape blade, according to an
`
`exemplary embodiment.
`
`[0019]
`
`FIG. 7 is a plot of four tape blade profiles of the present disclosure plotted relative to
`
`the profiles of three prior art tape measures.
`
`[0020]
`
`FIG. 8 is a plot of one of the tape blade profiles of the present disclosure plotted
`
`relative to the profiles of two prior art tape measures.
`
`[0021]
`
`FIG. 9 is a plot of four tape blade profiles of the present disclosure plotted relative to
`
`the profile of one prior art tape measures.
`
`[0022]
`
`FIG. 10 is a plot of two tape blade profiles of the present disclosure plotted relative to
`
`each other.
`
`[0023]
`
`FIG. 11 is a plot of four tape blade profiles of the present disclosure plotted relative to
`
`the profiles of six prior art tape measures.
`
`[0024]
`
`FIG. 12 is a plot of one of the tape blade profiles of the present disclosure plotted
`
`relative to the profiles of three prior art tape measures.
`
`[0025]
`
`FIG. 13 is a plot of two tape blade profiles of the present disclosure plotted relative to
`
`the profiles of two prior art tape measures.
`
`-6-
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`APEX TOOL GROUP, LLC - EX. 1005-014
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`

`

`Atty. Dkt. No.: 066749-1484
`
`[0026]
`
`FIGS. 14-16 show an exemplary tape blade profile labeling the various dimensions
`
`listed in Table 3.
`
`[0027]
`
`FIG. 17 shows a plot of curved width vs. standout for tape blades having a 33 mm flat
`
`width and a 35 mm flat width.
`
`[0028]
`
`FIG. 18 is a plot of the tape blade profiles for a 33 mm flat width tape blade and a 35
`
`mm flat width tape blade, according to an exemplary embodiment.
`
`[0029]
`
`FIGS. 19 and 20 are photographs showing a droop measurement test, according to an
`
`exemplary embodiment.
`
`DETAILED DESCRIPTION
`
`[0030]
`
`Referring generally to the figures, various embodiments of a tape measure are shown.
`
`Various embodiments of the tape measure discussed herein include an innovative tape blade
`
`profile that Applicant believes greatly improves tape standout. In general, Applicant has
`
`determined that by shaping the tape blade to a relatively aggressive or steep curved profile shape
`
`(as discussed and quantified below), tape standout can be increased and tape droop can be
`
`decreased greatly even when utilizing relatively thin and/or relatively narrow pieces of steel for
`
`the tape blade. In some embodiments, the steep curved profile shape is formed only along a
`
`relatively short lengthwise section of the tape blade that is positioned within a lengthwise zone in
`
`which a standard tape tends to buckle during standout. Without being bound by a particular
`
`theory, Applicant understands that the steep curved profile shape increases rigidity and buckle
`
`resistance, and in particular, tape standout is greatly increased by locating this curved profile
`
`shape within the zone where buckling tends to occur.
`
`[0031]
`
`Further, Applicant has found that some steep or tight curved shapes may impact
`
`readability of markings and numbers on the tape blade due to the relatively steep vertical
`
`positioning of the outer widthwise segments of the tape blade. Accordingly, in some
`
`embodiments, the tape blade profiles discussed herein may include outer widthwise segments of
`
`the tape blade that are somewhat flattened toward horizontal to provide improved readability of
`
`markings positioned thereon. In such embodiments, the central widthwise portion of the tape
`
`blade includes a highly curved, rigidity increasing profile shape, while outer widthwise segments
`
`-7-
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`APEX TOOL GROUP, LLC - EX. 1005-015
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`Atty. Dkt. No.: 066749-1484
`
`of the tape blade are slightly flattened back toward horizontal to improve readability of numbers
`
`positioned thereon. As discussed below, this readability improving shape is defined by angle A,
`
`shown in FIG. 5.
`
`[0032]
`
`Surprisingly, Applicant has further determined that standout can be increased by
`
`utilizing a compound curved shape, without increasing retraction torque requirements. In such
`
`embodiments, the center region of the tape blade profile has a more curved (e.g., smaller radius
`
`of curvature) shape than the edge regions. Applicant has found that such a shape may increase
`
`standout and improve readability of markings on the tape measure without increasing retraction
`
`torque requirement. In contrast to Applicant's understanding of conventional wisdom in the tape
`
`measure, the tape blade profiles discussed herein provide a combination of increased standout,
`
`lower retraction torque and/or increased readability, while maintaining a relatively low thickness
`
`tape blade.
`
`[0033]
`
`In some embodiments, the tape blade profile may has a continuous curved shape,
`
`such as a parabolic or catenary curved shape. In such embodiments, Applicant has found that
`
`continuous curved tape blades may improve durability or tear resistance. For example,
`
`Applicant has determined, that at least for some designs, when a tape blade buckles, regions
`
`having a sharp change of shape within a compound cross-sectional curve profile are more likely
`
`to crack or break when compared to a tape blade with a continuous curve profile.
`
`[0034]
`
`Referring to FIG. 1 and FIG. 2, a length measurement device, such as tape measure
`
`10, is shown according to an exemplary embodiment. Tape measure 10 includes a coil able tape
`
`blade 14 and a housing 18. In general, tape blade 14 is an elongate strip of material including a
`
`plurality of graduated measurement markings, and in specific embodiments, tape blade 14 is an
`
`elongate strip of metal material (e.g., steel material) that includes an outer most end coupled to a
`
`hook assembly, shown as hook assembly 26. As discussed in more detail below, tape blade 14
`
`may include various coatings (e.g., polymer coating layers) to help protect tape blade 14 from
`
`cracking during whip or pinch.
`
`[0035]
`
`Further, tape blade 14 may include any combination of tape blade features of the
`
`various embodiments discussed herein. Specifically, in various embodiments, tape blade 14
`
`includes a steep curved profile shape as discussed below that improves tape standout
`
`-8-
`
`APEX TOOL GROUP, LLC - EX. 1005-016
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`

`

`Atty. Dkt. No.: 066749-1484
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`performance. As shown in FIG. 1, a variable-length extended segment 22 of the tape blade 14 is
`
`retractable and extendable from the housing 18. A hook assembly 26 is fixedly coupled to an
`
`outer end portion 30 of tape blade 14.
`
`[0036]
`
`As shown in FIG. 2, the non-extended portion of tape blade 14 is wound onto a reel
`
`34, which is surrounded by housing 18. Reel 34 is rotatably disposed about an axis 38 of tape
`
`measure 10, and a retraction mechanism 42 is coupled to reel 34 and configured to drive reel 34
`
`about rotation axis 38 which in turn provides powered retraction of tape blade 14. Retraction
`
`mechanism 42 may include one or more elongated spiral springs that provide the retraction
`
`energy to retraction mechanism 42. A tape lock 46 is provided to selectively engage tape blade
`
`14, which acts to restrain retraction mechanism 42 such that extended segment 22 of tape blade
`
`14 remains at a desired length.
`
`[0037]
`
`Referring to FIG. 1, housing 18 includes a first side wall 50, a second side wall 54,
`
`and a peripheral wall 58 connecting first side wall 50 and second side wall 54. First side wall 50,
`
`second side wall 54, and peripheral wall 58 define an internal cavity 62, shown in FIG. 2, in
`
`which reel 34 and retraction mechanism 42 are housed. Referring to FIG. 1, first side wall 50 and
`
`second side wall 54 have a substantially circular profile 66. In other embodiments, the side walls
`
`may be rectangular, polygonal, or any other desired shape. Portions of the housing 18 may be co(cid:173)
`
`molded or separately formed of a resilient material, such as a natural or synthetic rubber. In the
`
`illustrated construction, housing 18 is formed with housing bumpers 70 and a support leg 74
`
`which extends from a lower portion 78 of the peripheral wall 58.
`
`[0038]
`
`A slot 82 is defined along a forward portion 86 of peripheral wall 58. Slot 82 provides
`
`an opening in the tape measure housing which allows tape lock 46 to extend into housing 18. In
`
`addition, slot 82 provides a length sufficient to allow tape lock 46 to be moved relative to
`
`housing 18 between locked and unlocked positions.
`
`[0039]
`
`Below the slot 82, a tape port 90 is provided in peripheral wall 58. Tape port 90 has
`
`an arcuate shape 94, corresponding to an arcuate cross-sectional profile of tape blade 14. The
`
`tape port 90 allows for the retraction and extension of tape blade 14 to and from the internal
`
`cavity 62 defined within housing 18.
`
`-9-
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`APEX TOOL GROUP, LLC - EX. 1005-017
`
`

`

`Atty. Dkt. No.: 066749-1484
`
`[0040]
`
`As shown in FIGS. 1 and 2, tape measure 10 includes a finger guard assembly 98.
`
`Finger guard assembly 98 includes a guard 102 and a guard support member 106. As shown in
`
`FIG. 1, the portions of guard 102 external to housing 18 are substantially U-shaped and extend
`
`downward from housing 18. As shown in FIG. 2, when tape 14 is in the retracted position, a rear
`
`surface of hook assembly 26 abuts guard 102.
`
`[0041]
`
`Referring to FIG. 3, a cross-sectional view of tape blade 14 is shown. Tape blade 14
`
`includes a core or inner layer 110 formed from a thin, elongate strip of metal material. In a
`
`specific embodiment, inner layer 110 is formed from a strip of steel material. In a specific
`
`embodiment, inner layer 110 has a thickness, T1, of less than 0.13 mm (with up to a 25%
`
`thickness variation), specifically 0.09 mm to less than 0.13 mm (with up to a 25% thickness
`
`variation), and more specifically of 0.09 mm to 0.12 mm (with up to a 25% thickness variation).
`
`In another specific embodiment, T1 is between 0.12 mm and 0.14 mm and more specifically is
`
`between 0.125 mm and 0.135 mm. Inner layer 110 may be formed in a concavo-convex
`
`configuration (as shown in FIG. 3), which provides for improved tape standout as discussed
`
`herein. Inner layer 110 may be an alloyed spring steel, alloyed high strength steel, etc. In one
`
`embodiment, the steel is of a hardness between 50-54 RHC. In another embodiment, the steel is
`
`of a hardness between 45-60 RHC.
`
`[0042]
`
`In various embodiments, tape blade 14 includes an upper coating layer 112 coupled to
`
`(e.g., attached, bonded, glued, etc.) the concave upper surface of inner metal layer 110 and a
`
`lower coating layer 114 coupled to (e.g., attached, bonded, glued, etc.) the convex lower surface
`
`of inner metal layer 110. In general, coating layers 112 and 114 are formed from a polymer
`
`material, and in a specific embodiment, are formed from a nylon material. In specific
`
`embodiments, coating layers 112 and 114 are formed from a material that has a modulus of
`
`elasticity less than the modulus of elasticity of the metal material of inner layer 110. In specific
`
`embodiments, coating layers 112 and 114 are formed from a material that has a hardness less
`
`than the hardness of the metal material of inner layer 110. In specific embodiments, the coating
`
`layers discussed herein are formed from a nylon 12 material and/or a nylon 6/6 material.
`
`[0043]
`
`As shown in FIG. 3, coating layer 112 has a thickness, T2, and coating layer 114 has
`
`a thickness, T3. In specific embodiments, the total thickness of the tape blade coating (i.e., the
`
`-10-
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`APEX TOOL GROUP, LLC - EX. 1005-018
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`

`

`Atty. Dkt. No.: 066749-1484
`
`combined thickness of layers 112 and 114, T2+T3) is greater than or less than Tl. In other
`
`embodiments, the total thickness of the tape blade coating is equal to Tl.
`
`[0044]
`
`In specific embodiments, the total tape blade thickness (inclusive of all of the coating
`
`and the core layer, i.e., T1+T2+T3) is between 0.15 mm and 0.5 mm. In various embodiments,
`
`T1+T2+T3 is between 0.15 mm and 0.2 mm, and specifically is 0.18 mm. In various
`
`embodiments, T1 +T2+T3 is between 0.3 mm and 0.4 mm, and specifically is 0.36 mm.
`
`[0045]
`
`In one embodiment, coating layers 112 and 114 may be applied over the entire length
`
`of inner layer 110. In one embodiment, coating layers 112 and 114 are applied over at least 6
`
`feet of the length of inner layer 110, specifically over at least 8 feet of the length of inner layer
`
`110, and more specifically over at least 10 feet of the length of inner layer 110. In specific
`
`embodiments, these coating lengths are contiguous coating lengths. This may provide increased
`
`tear resistance in areas of the tape blade 14 prone to increased wear, while maintaining
`
`compactness of the tape relative to a tape blade that has the coating over the entire length. In one
`
`embodiment, coating layers 112 and 114 begin at the end of the tape blade 14 proximate the
`
`hook. In another embodiment, the coating starts at a location of the blade spaced apart from the
`
`end proximate hook assembly 26.
`
`[0046]
`
`In some embodiments, coating layers 112 and/or 114 do not have uniform thicknesses
`
`along the width and/or length of tape blade 14. In some such embodiments, coating layers 112
`
`and/or 114 may be applied in a pattern (e.g., a honeycomb pattern, a checkered pattern, etc.)
`
`where there are portions of thicker and thinner coating distribution across both the length and
`
`width of the tape blade 14. In such embodiments, T2 and T3 shown in FIG. 3 represent the
`
`thickness measured through the thickest portion of the coating pattern. In some such
`
`embodiments, the ranges of T2 and T3 discussed herein represent the maximum thickness of
`
`coating layers 112 and 114 at any portion along the length of tape blade 14. In some such
`
`embodiments, the combined maximum coating and blade thickness may be .4 mm, but in other
`
`areas along the length and width of the tape blade, the coating and blade thickness will be less
`
`(e