PATENT COOPERATION TREATY
`
`PCT!US2018/047759
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`To:
`BORCHARDT, James D.
`
`1000 North Water Street Suite 1700 Milwaukee, Wisconsin
`53202 USA
`
`PCT
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43bis.l)
`
`Date of mailing
`(day/month/year)
`
`07 December 2018 (07.12.2018)
`
`Applicant's or agent's file reference
`066749-1483
`
`FOR FURTHER ACTION
`See paragraph 2 below
`
`I International filing date (day/month/year)
`International application No.
`PCT/US2018/047759
`23 August 2018 (23.08.2018)
`International Patent Classification (IPC) or both national classification and IPC
`GOJB 3/10(2006.01)i
`
`Priority date( day/month/year)
`24 August 2017 (24.08.2017)
`I
`
`Applicant
`MILWAUKEE ELECTRIC TOOL CORPORATION
`
`Basis of the opinion
`
`Priority
`
`l. This opinion contains indications relating to the following items:
`~ Box No. I
`D Box No. II
`D Box No. III Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`D Box No. IV
`~ Box No. V
`D Box No. VI
`Certain documents cited
`~ Box No. VII Certain defects in the international application
`~ Box No. VIII Certain observations on the international application
`
`Lack of unity of invention
`
`Reasoned statement under Rule 43bis.l(a)(i) with regard to novelty, inventive step and industrial applicability;
`citations and explanations supporting such statement
`
`2. FURTHER ACTION
`If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
`International Preliminary Examining Authority ("IPEA") except that this does not apply where the applicant chooses an Authority
`other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66.1 bis(b) that written
`opinions of this International Searching Authority will not be so considered.
`
`If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the
`IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months from the date of mailing
`of Form PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expires later.
`For further options, see Form PCT/ISA/220.
`
`Name and mailing address of the ISA/KR
`InternatiOnal Application Division
`Korean Intellectual Property Office
`189 Cheongsa-ro, Seo-gu, Daejeon,
`35208, Republic of Korea
`Facsimile No. +82-42-481-8578
`
`FormPCT/ISA/237 (cover sheet) (January 2015)
`
`Date of completion of this opinion Authorized officer
`
`07 December 2018 (07.12.2018)
`
`LEE, Chang Ho
`
`Telephone No. +82-42-481-8288
`
`APEX TOOL GROUP, LLC - EX. 1006-001
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Box No. I Basis of this opinion
`
`l. With regard to the language, this opinion has been established on the basis of :
`
`to this Authority under Rule 91 (Rule 43bis.l(a))
`
`~ the international application in the language in which it was filed
`D a translation of the international application into
`which is the language of a
`translation furnished for the purposes of international search (Rules 12.3(a) and 23.l(b ))
`2. D This opinion has been established taking into account the rectification of an obvious mistake authorized by or notified
`3. D With regard to any nucleotide and/or amino acid sequence disclosed in the international application, this opinion has
`a. D forming part of the international application as filed:
`D in the form of an Aunex C/ST.25 text file.
`D on paper or in the form of an image file.
`b. D furnished together with the international application under PCT Rule l3ter.l(a) for the purposes of international
`
`been established on the basis of a sequence listing:
`
`search only in the form of an Aunex C/ST.25 text file.
`
`c. D furnished subsequent to the international filing date for the purposes of international search only:
`D in the form of an Aunex C/ST.25 text file (Rule 13ter.l(a)).
`D on paper or in the form of an image file (Rule l3ter.l(b) and Administrative Instructions, Section 713).
`4. D In addition, in the case that more than one version or copy of a sequence listing has been filed or furnished, the required
`
`statements that the information in the subsequent or additional copies is identical to that forming part of the application as
`filed or does not go beyond the application as filed, as appropriate, were furnished.
`
`5. Additional comments:
`
`FormPCT/ISA/237 (Box No. I)( January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-002
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Box No. V Reasoned statement under Rule 43bis.l(a)(i) with regard to novelty, inventive step or industrial applicability;
`citations and explanations supporting such statement
`
`YES
`NO
`
`YES
`
`NO
`
`YES
`NO
`
`l.
`
`Statement
`Novelty (N)
`
`Inventive step (IS)
`
`Claims
`Claims
`
`Claims
`
`Claims
`
`1-20,25,27-30,34,36-40
`
`21-24,26,31-33,35,41
`NONE
`1-41
`
`Industrial applicability (IA) Claims
`Claims
`
`1-41
`NONE
`
`2.
`
`Citations and explanations :
`
`Reference is made to the following documents:
`
`Dl: US 2008-0010847 Al (LIAO, HUEI-YEN) 17 January 2008
`
`D2: US 2007-0079520 Al (LEVINE et al.) 12 April 2007
`
`1. Novelty and Inventive Step
`
`1.1 Independent Claim 1
`
`D 1, which
`
`IS considered to be
`
`the closest pnor art to
`
`the subject matter of claim 1,
`
`discloses a tape measure (see figures 1, 2) comprising: a housing (a shell 10) (see figures 1,
`2); a reel (a reel 21) rotatably mounted within the housing (10) (see figures 1, 2); an elongate
`blade (a tape 30) wound around the reel (21), the elongate blade (30) (see figures 1, 2)
`
`compnsmg: an elongate metal core (the tape 30 made of metal) having an upper surface, a
`lower surface and a first thickness, Tl (a thickness T), measured between the upper surface and
`the
`lower surface (see paragraphs [0026],
`[0039] and figure 4), and a curved profile (a
`
`concave-convex shape 33) such that the uppermost surface of the elongate blade (30) defines a
`concave surface, the lowermost surface defines a convex surface, a curved width (a width W)
`and a curved height (a height H) (see paragraph [0029] and figure 4); wherein a flat width (a
`
`flattened width L) of the elongate metal core (the tape 30 made of metal) is less than 32 mm
`(L= 1.250 inches in test No.6) (see table 2); wherein a ratio of the curved width (W= 0.8228
`inches) to a flat width (L= 1.250 inches) of the elongate metal core (30) is less than 0.74
`
`(W/L= 0.658) (see table 2); wherein a ratio of the curved height (H= 0.4016 inches) to the
`flat width (L= 1.250 inches) of the elongate metal core (30) is greater than 0.29 (H/L= 0.32)
`(see table 2); wherein a standout distance (a standout length Smax) of the elongate blade (30)
`
`from the housing is greater than 150 inches (Smax= 195 inches) (see table 2); and a retraction
`
`Continued on Supplemental Box
`
`Form PCT/ISA/237 (Box No. V) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-003
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Box No. VII Certain defects in the international application
`
`The following defects in the form or contents of the international application have been noted:
`
`The unit of measure (inch) employed in claims 1, 5, 9, 14, 15, 17, 21, 26, 28,32 and 38 is not additionally expressed in terms of the
`units stipulated by PCT Rule lO.l(a).
`
`Form PCT/ISA/237 (Box No. VII) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-004
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCTIUS2018/047759
`
`Box No. VIII Certain observations on the international application
`
`The following observations on the clarity of the claims, description, and drawings or on the question whether the claims are fully
`supported by the description, are made:
`
`The term "the first 132 inches" in claims 17, 28 and 38 has not been previously defined (PCT Article 6).
`
`FormPCT/ISA/237 (Box No. VIII) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-005
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of: Box No. V
`
`system (a coil spring 22) coupled to the tape reel (21), wherein the retraction system (22)
`drives rewinding of the elongate tape blade (30) on to the tape reel (21) (see paragraph [0025]
`and figure 2).
`
`Claim 1 differs from D 1 in that the elongate blade compnses: 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; and 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.
`
`However, said feature would be easily conceived from D2 considering that a film (38),
`which is flexible material such as polyester, has a top portion (38a) that extends over and is
`attached to an upper surface (14a) of a blade (14) and a bottom portion (38b) that extends
`over and is attached to a bottom surface (14b) of the blade (14) (see paragraphs [0020],
`[0024] and figure 6). And Dl and D2 are concerned with mutually related technical fields and
`there is no need for fundamental changes in the key features or for a new technical idea in
`combining the subject matters of D 1 and D2. Accordingly, claim 1 would have been obvious
`over D 1 m v1ew of D2. Therefore, claim 1 does not involve an inventive step under PCT
`Article 33(3).
`
`1.2 Dependent Claims 2-4
`
`1.2.1 Claim 2
`
`The additional feature of claim 2 is characterized m that the curved profile is located along
`a lengthwise portion of the elongate blade having a length less than a total length of the
`elongate blade. However, this feature would be easily conceived from D 1 considering that the
`tape (30) includes the concave-convex shape (33) when it is reeled out, however the tape (30)
`is flattened when it is reeled in (see paragraph [0026]). Accordingly, claim 2 would have been
`obvious over D 1 in view of D2. Therefore, claim 2 does not involve an inventive step under
`PCT Article 33(3).
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-006
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`1.2.2 Claim 3
`
`The additional feature of claim 3 is characterized in that Tl ::.:>: T2 + T3. However, this
`feature is merely a matter of design option to a person skilled in the art, considering the film
`(30) having a thickness of 0.001 to 0.015 inches in D2 (see paragraph [0020]). Accordingly,
`claim 3 would have been obvious over D 1 in view of D2. Therefore, claim 3 does not involve
`an inventive step under PCT Article 33(3).
`
`1.2.3 Claim 4
`
`The additional feature of claim 4 is identical to the feature of D 1 in that the retraction
`system (22) is a spring-based retraction system comprising a spring (the coil spring) coupled to
`the tape reel (21 ), wherein, as the elongate tape blade is unwound from the tape reel to extend
`from the housing, the spring stores energy and the spring releases energy driving rewinding of
`the elongate tape blade on to the tape reel (the coil spring 22 causes the reel 21 to reel in the
`tape 30) (see paragraph [0025] and figure 2). Accordingly, claim 4 would have been obvious
`over D 1 m view of D2. Therefore, claim 4 does not involve an inventive step under PCT
`Article 33(3).
`
`1.3 Independent Claim 5
`
`D 1, which
`the closest pnor art to the subject matter of claim 5,
`IS considered to be
`discloses a tape measure (see figures 1, 2) comprising: a housing (a shell 10) (see figures 1,
`2); a reel (a reel 21) rotatably mounted within the housing (10) (see figures 1, 2); an elongate
`blade (a tape 30) wound around the reel (21), the elongate blade (30) (see figures 1, 2)
`comprising: an elongate metal core (the tape 30 made of metal) having an upper surface, a
`lower surface and a first thickness, Tl (a thickness T), measured between the upper surface and
`the
`lower surface (see paragraphs [0026], [0039] and figure 4), and a curved profile (a
`concave-convex shape 33) such that the uppermost surface of the elongate blade (30) defines a
`concave surface, the lowermost surface defines a convex surface, a curved width (a width W)
`and a curved height (a height H) (see paragraph [0029] and figure 4); wherein a flat width (a
`flattened width L) of the elongate metal core (the tape 30 made of metal) is less than 32 mm
`(L= 1.625 inches in test No.7) (see table 2); wherein a ratio of the curved width (W= 1.0591
`inches) to a flat width (L= 1.625 inches) of the elongate metal core (30) is less than 0.74
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-007
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`(W/L= 0.652) (see table 2); wherein a ratio of the curved height (H= 0.5079 inches) to the
`flat width (L= 1.625 inches) of the elongate metal core (30) is greater than 0.29 (H/L= 0.31)
`(see table 2); wherein a standout distance (a standout length Smax) of the elongate blade (30)
`from the housing is greater than 150 inches (Smax= 193 inches) (see table 2); and a retraction
`system (a coil spring 22) coupled to the tape reel (21), wherein the retraction system (22)
`drives rewinding of the elongate tape blade (30) on to the tape reel (21) (see paragraph [0025]
`and figure 2).
`
`Claim 5 differs from D 1 in that the elongate blade compnses: 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; and 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.
`
`However, said feature would be easily conceived from D2 considering that a film (38),
`which is flexible material such as polyester, has a top portion (38a) that extends over and is
`attached to an upper surface (14a) of a blade (14) and a bottom portion (38b) that extends
`over and is attached to a bottom surface (14b) of the blade (14) (see paragraphs [0020],
`[0024] and figure 6). And Dl and D2 are concerned with mutually related technical fields and
`there is no need for fundamental changes in the key features or for a new technical idea in
`combining the subject matters of D 1 and D2. Accordingly, claim 5 would have been obvious
`over D 1 m v1ew of D2. Therefore, claim 5 does not involve an inventive step under PCT
`Article 33(3).
`
`1.4 Dependent Claims 6-8
`
`1. 4 .1 Claim 6
`
`The additional feature of claim 6 is characterized m that the curved profile is located along
`a lengthwise portion of the elongate blade having a length less than a total length of the
`elongate blade. However, this feature would be easily conceived from D 1 considering that the
`tape (30) includes the concave-convex shape (33) when it is reeled out, however the tape (30)
`is flattened when it is reeled in (see paragraph [0026]). Accordingly, claim 6 would have been
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-008
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`obvious over D 1 in view of D2. Therefore, claim 6 does not involve an inventive step under
`PCT Article 33(3).
`
`1. 4 .2 Claim 7
`
`The additional feature of claim 7 is characterized in that Tl ::.:>: T2 + T3. However, this
`feature is merely a matter of design option to a person skilled in the art, considering the film
`(30) having a thickness of 0.001 to 0.015 inches in D2 (see paragraph [0020]). Accordingly,
`claim 7 would have been obvious over D 1 in view of D2. Therefore, claim 7 does not involve
`an inventive step under PCT Article 33(3).
`
`1.4.3 Claim 8
`
`The additional feature of claim 8 is identical to the feature of D 1 in that the retraction
`system (22) is a spring-based retraction system comprising a spring (the coil spring) coupled to
`the tape reel (21 ), wherein, as the elongate tape blade is unwound from the tape reel to extend
`from the housing, the spring stores energy and the spring releases energy driving rewinding of
`the elongate tape blade on to the tape reel (the coil spring 22 causes the reel 21 to reel in the
`tape 30) (see paragraph [0025] and figure 2). Accordingly, claim 8 would have been obvious
`over D 1 m view of D2. Therefore, claim 8 does not involve an inventive step under PCT
`Article 33(3).
`
`1.5 Independent Claim 9
`
`D 1, which
`the closest pnor art to the subject matter of claim 9,
`IS considered to be
`discloses a tape measure (see figures 1, 2) comprising: a housing (a shell 10) (see figures 1,
`2); a reel (a reel 21) rotatably mounted within the housing (10) (see figures 1, 2); an elongate
`blade (a tape 30) wound around the reel (21), the elongate blade (30) (see figures 1, 2)
`comprising: an upper surface; a lower surface; a curved profile (a concave-convex shape 33)
`such that the upper surface of the elongate blade (30) defines a concave surface and the lower
`surface defines a convex surface (see figure 4); a flat width (a flattened width L) (see table 2);
`a curved width (a width W), wherein the curved width (W) is less than the flat width (L) (see
`table 2); a standout distance (a standout length Smax) of the elongate blade (30) from the
`housing (10) (see table 2); and a retraction system (a coil spring 22) coupled to the tape reel
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-009
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`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`(21), wherein the retraction system (22) drives rewinding of the elongate tape blade (30) on to
`
`the tape reel (21) (see paragraph [0025] and figure 2).
`
`Claim 9 differs from D 1 in that the elongate blade compnses: a flat width of 30 mm or
`
`less; and a standout distance of the elongate blade from the housing of at least 132 inches.
`IS merely a matter of design option to a person skilled m the art,
`However, said feature
`
`considering the flattened width L being 1.250 inches in test No. 6 and the standout distance
`(Smax) being 195 inches in Dl (see table 2). Accordingly, claim 9 would have been obvious
`over Dl. Therefore, claim 9 does not involve an inventive step under PCT Article 33(3).
`
`1.6 Dependent Claims 10-20
`
`1.6.1 Claim 10
`
`The additional feature of claim 10 is characterized in that a ratio of the curved width to the
`flat width is less than 0.8. However, this feature is merely a matter of design option to a
`person skilled in the art, considering the width (W) being 0.8228 inches and the flattened
`width (L) being 1.250 inches in Dl (see table 2). Accordingly, claim 10 would have been
`
`obvious over D 1. Therefore, claim 10 does not involve an inventive step under PCT Article
`33(3).
`
`1. 6 .2 Claim 11
`
`The additional feature of claim 11 is characterized in that the curved width is less than 22
`mm. However, this feature is merely a matter of design option to a person skilled in the art,
`
`considering the width (W) being 0.8228 inches m Dl (see table 2). Accordingly, claim 11
`would have been obvious over D 1. Therefore, claim 11 does not involve an inventive step
`
`under PCT Article 33(3).
`
`1.6.3 Claim 12
`
`The additional feature of claim 12 is characterized m that a ratio of curved height to flat
`IS merely a matter of design option to a
`width is greater than 0.24. However, this feature
`person skilled in the art, considering a height (H) being 0.40 16 inches and the flattened width
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-010
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`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`(L) being 1.250 inches m Dl (see table 2). Accordingly, claim 12 would have been obvious
`over Dl. Therefore, claim 12 does not involve an inventive step under PCT Article 33(3).
`
`1. 6 .4 Claim 13
`
`is characterized in that the elongate blade includes a
`The additional feature of claim 13
`metal core and the metal core has an average thickness along its length that is less than 0.13
`mm. However, this feature is merely a matter of design option to a person skilled in the art,
`thickness
`(T) m D 1 (see
`(30) made of metal and having vanous
`considering
`the
`tape
`paragraphs
`[0026],
`[0039]). Accordingly, claim 13 would have been obvious over D 1.
`Therefore, claim 13 does not involve an inventive step under PCT Article 33(3).
`
`1.6.5 Claims 14 and 15
`
`The additional features of claims 14 and 15 are characterized in that the standout distance of
`the elongate blade from the housing is greater than 138 inches, and the standout distance of
`the elongate blade from the housing is greater than 144 inches. However, these features are
`merely matters of design option to a person skilled in the art, considering the standout length
`(Smax) being 195 inches in Dl (see table 2). Accordingly, claims 14 and 15 would have been
`obvious over Dl. Therefore, claims 14 and 15 do not involve an inventive step under PCT
`Article 33(3).
`
`1.6.6 Claim 16
`
`The additional feature of claim 16 is characterized in that the curved profile is located along
`a lengthwise portion of the elongate blade having a length less than a total length of the
`elongate blade. However, this feature would be easily conceived from D 1 considering that the
`tape (30) includes the concave-convex shape (33) when it is reeled out, however the tape (30)
`is flattened when it is reeled in (see paragraph [0026]). Accordingly, claim 16 would have
`been obvious over D 1. Therefore, claim 16 does not involve an inventive step under PCT
`Article 33(3).
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-011
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`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`1.6.7 Claim 17
`
`The additional feature of claim 17 is characterized in that the curved profile is located along
`at least the first 132 inches of a length of the elongate blade. However, this feature would be
`easily conceived from D 1 considering that the tape (30) includes the concave-convex shape (33)
`when it is reeled out, and the standout length (Smax) is 195 inches (see paragraph [0026] and
`table 2). Accordingly, claim 17 would have been obvious over D 1. Therefore, claim 17 does
`not involve an inventive step under PCT Article 33(3).
`
`1.6.8 Claim 18
`
`The additional feature of claim 18 is characterized in that the elongate blade compnses: an
`elongate metal core having a first thickness, Tl; an upper polymer coating coupled to an upper
`surface of the elongate metal core, the upper polymer coating having a second thickness, T2; a
`lower
`lower polymer coating coupled to a lower surface of the elongate metal core, the
`polymer coating having a third thickness, T3. However, this feature would be easily conceived
`from D 1 and D2 considering: the elongate blade (30) comprising an elongate metal core (the
`tape 30 made of metal) having a first thickness, Tl (a thickness T) in D 1 (see paragraphs
`[0026], [0039] and figure 4); and a film (38), which is flexible material such as polyester,
`having a top portion (38a) that extends over and is attached to an upper surface (14a) of a
`blade ( 14) and a bottom portion (3 8b) that extends over and IS attached to a bottom surface
`(14b) of the blade (14) in D2 (see paragraphs [0020], [0024] and figure 6). And Dl and D2
`are concerned with mutually related technical fields and there
`IS no need for fundamental
`changes in the key features or for a new technical idea in combining the subject matters of D 1
`and D2. Accordingly, claim 18 would have been obvious over Dl in view of D2. Therefore,
`claim 18 does not involve an inventive step under PCT Article 33(3).
`
`1.6.9 Claim 19
`
`The additional feature of claim 19 is characterized in that Tl ::,:0. T2 + T3. However, this
`feature is merely a matter of design option to a person skilled in the art, considering the film
`(30) having a thickness of 0.001 to 0.015 inches in D2 (see paragraph [0020]). Accordingly,
`claim 19 would have been obvious over Dl m view of D2. Therefore, claim 19 does not
`involve an inventive step under PCT Article 33(3).
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-012
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`1.6.10 Claim 20
`
`The additional feature of claim 20 is identical to the feature of D 1 in that the retraction
`system (22) is a spring-based retraction system comprising a spring (the coil spring) coupled to
`the tape reel (21 ), wherein, as the elongate tape blade is unwound from the tape reel to extend
`from the housing, the spring stores energy and the spring releases energy driving rewinding of
`the elongate tape blade on to the tape reel (the coil spring 22 causes the reel 21 to reel in the
`tape 30) (see paragraph [0025] and figure 2). Accordingly, claim 20 would have been obvious
`over Dl. Therefore, claim 20 does not involve an inventive step under PCT Article 33(3).
`
`1. 7 Independent Claim 21
`
`D 1, which is considered to represent the closest pnor art, discloses a tape measure (see
`figures 1, 2) comprising: a housing (a shell 10) (see figures 1, 2); a reel (a reel 21) rotatably
`mounted within the housing (10) (see figures 1, 2); an elongate blade (a tape 30) wound
`around the reel (21), the elongate blade (30) (see figures 1, 2) comprising: an upper surface; a
`lower surface; a curved profile (a concave-convex shape 33) such that the upper surface of the
`elongate blade (30) defines a concave surface and the lower surface defines a convex surface
`(see figure 4); a flat width (a flattened width L) greater than or equal to 29 mm and less than
`32 mm (L= 1.250 inches in test No. 6); and a curved width (a width W), wherein the curved
`less than the flat width (L= 1.250 inches) (see table 2); a
`width (W= 0.8228
`inches)
`standout distance (a standout length Smax) of the elongate blade (30) from the housing (10) of
`at least 156 inches (Smax= 195 inches) (see table 2); and a retraction system (a coil spring
`22) coupled to the tape reel (21), wherein the retraction system (22) drives rewinding of the
`elongate tape blade (30) on to the tape reel (21) (see paragraph [0025] and figure 2). As all
`of the features of claim 21 are disclosed in D 1, this claim is anticipated by D 1. Therefore,
`claim 21 lacks novelty under PCT Article 33(2).
`
`IS
`
`1.8 Dependent Claims 22-31
`
`1. 8.1 Claim 22
`
`The additional feature of claim 22 is identical to the feature of D 1 in that a ratio of the
`curved width (W= 0.8228 inches) to the flat width (L= 1.250 inches) is less than 0.74 (W/L=
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-013
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`0.658) (see table 2). Accordingly, claim 22 IS anticipated by D 1. Therefore, claim 22 lacks
`novelty under PCT Article 33(2).
`
`1. 8.2 Claim 23
`
`The additional feature of claim 23 is identical to the feature of D 1 in that the curved width
`(W)
`less
`than 23.5 mm (W= 0.8228
`inches) (see
`table 2). Accordingly, claim 23
`anticipated by D 1. Therefore, claim 23 lacks novelty under PCT Article 33(2).
`
`IS
`
`IS
`
`1.8.3 Claim 24
`
`The additional feature of claim 24 is identical to the feature of D 1 in that a ratio of curved
`height (a height H= 0.4016 inches) to flat width (L= 1.250 inches) is greater than 0.29 (H/L=
`0.321) (see table 2). Accordingly, claim 24 is anticipated by Dl. Therefore, claim 24 lacks
`novelty under PCT Article 33(2).
`
`1. 8.4 Claim 25
`
`is characterized in that the elongate blade includes a
`The additional feature of claim 25
`metal core and the metal core has an average thickness along its length that is less than 0.13
`mm. However, this feature is merely a matter of design option to a person skilled in the art,
`thickness
`(T) m D 1 (see
`(30) made of metal and having vanous
`considering
`the
`tape
`paragraphs
`[0026],
`[0039]). Accordingly, claim 25 would have been obvious over D 1.
`Therefore, claim 25 does not involve an inventive step under PCT Article 33(3).
`
`1.8.5 Claim 26
`
`The additional feature of claim 26 IS identical to the feature of D 1 in that the standout
`distance (Smax) of the elongate blade (30) from the housing (10) is greater than 160 inches
`(Smax= 195 inches) (see table 2). Accordingly, claim 26 is anticipated by Dl. Therefore, claim
`26 lacks novelty under PCT Article 33(2).
`
`Continued on The Next Page
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`APEX TOOL GROUP, LLC - EX. 1006-014
`
`

`

`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT!US2018/047759
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of : Previous Page
`
`1.8.6 Claim 27
`
`The additional feature of claim 27 is characterized in that the curved profile is located along
`a lengthwise portion of the elongate blade having a length less than a total length of the
`elongate blade. However, this feature would be easily conceived from D 1 considering that the
`tape (30) includes the concave-convex shape (33) when it is reeled out, however the tape (30)
`is flattened when it is reeled in (see paragraph [0026]). Accordingly, claim 27 would have
`been obvious over D 1. Therefore, claim 27 does not involve an inventive step under PCT
`Article 33(3).
`
`1.8.7 Claim 28
`
`The additional feature of claim 28 is characterized in that the curved profile is located along
`at least the first 132 inches of a length of the elongate blade. However, this feature would be
`easily conceived from D 1 considering that the tape (30) includes the concave-convex shape (33)
`when it is reeled out, and the standout length (Smax) is 195 inches (see paragraph [0026] and
`table 2). Accordingly, claim 28 would have been obvious over Dl. Therefore, claim 28 does
`not involve an inventive step under PCT Article 33(3).
`
`1.8.8 Claim 29
`
`The additional feature of claim 29 is characterized in that the elongate blade compnses: an
`elongate metal core having a first thickness, Tl; an upper polymer coating coupled to an upper
`surface of the elongate metal core, the upper polymer coating having a second thickness, T2; a
`lower
`lower polymer coating coupled to a lower surface of the elongate metal core, the
`polymer coating having a third thickness, T3. However, this feature would be easily conceived
`from D 1 and D2 considering: the elongate blade (30) comprising an elongate metal core (the
`tape 30 made of metal) having a first thickness, Tl (a thickness T) in D 1 (see