Akers v. Robert Bosch

7/27/2019 Akers v. Robert Bosch

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Michael James Cronen, California State Bar No. 131087ZIMMERMAN & CRONEN1330 Broadway, Suite 710Oakland CA 94612telephone: 510.465.0828facsimile:51 0.465.2041Attorneys for PlaintiffPaul Akers

IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff, C13-4474ase No. :vs.14 Robert Bosch, LLC,15 Defendant

COMPLAINT FOR PATENTINFRINGEMENT

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DEMAND FOR JURY TRIALPlaintiff, Paul Akers, (hereinafter "Plaintiff' or "Akers") for his Complaint agajnst

Defendant, Robert Bosch, LLC (hereinafter "Defendant" or "Bosch"), alleges the following:THE PARTIES

1. Plaintiff is an individual with a principal place of business located in Bellingham,Washington.

2. Upon information and belief, Defendant is a Michigan corporation doing businessin this district and having a place of business located in Palo Alto, California.

JURISDICTION AND VENUE

3. Plaintiffs claims are brought under the Patent Laws of the United States, Title35 U.S.C. 1 et seq. The Court has jurisdict ion over this matter pursuant to 28 U.S.C. 1331and 133 8 in that this case arises under the Patent Act, 3 5 U.S.C. 1 et seq.

4. Venue is proper in this court under 28 U.S .C. 1332 and 1391 as the judicial

Complaint 1

Case5:13-cv-04474-PSG Document1 Filed09/27/13 Page1 of 41


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1 district in which the Defendant has promoted, offered for sale, sold, shipped and otherwise2 marketed its accused products, and in which Defendant resides, is doing business, and in which3 the claims arose and/or a substantial amount of the property that is the subject of the action is4 situated. Venue is also proper in this Court under 28 U.S.C. 1400 as the judicial district in5 which Defendant resides, and in which the Defendant has committed acts of infringement and6 has a regular and established place of business.7 FIRST CAUSE OF ACTION89

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(Patent Infringement)7. Plaintiff repeats and realleges the allegations contained in the preceding

paragraphs of this Complaint as though the same were fully set forth herein.8. This is an action for patent infringement under the Patent laws of the United

States, 35 United States Code.9. On July 10,2001, United States Letters Patent No. 6,256,895 B1 (hereinafter the

"'895 patent") duly and legally issued to Pla intiff for an invention entitled Laser Leveling System,Apparatus And Method For Building Construction; and since that date Plaintiffhas been and stillis the owner of those Letters Patent. A true and correct copy of the '895 patent is attached heretoand incorporated herein as Exhibit A.

10. On July 29, 2003, United States Letters Patent No. 6,598,304 (hereinafter the"'304 patent") duly and legally issued to Plaintiff for an invention entitled Laser Leveling System,Apparatus And Method For Building Construction; and since that date Plaintiffhas been and stillis the owner of those Letters Patent. A true and correct copy of the '304 patent is attached heretoand incorporated herein as Exhibit B.

11. Defendant has for some time past and still is marketing Laser Support Polesembodying elements identical or equivalent to each claimed element in one or more claims ofPlaintiffs '895 patent and '304 patent, and will continue to do so unless enjoined by this Court.

12. Defendant is actively and knowingly inducing the infringement of Plaintiffs '895patent and '304 patent under 35 U.S .C. 271(b) through its marketing and promotional activitiesand direct contacts in connection with Defendant 's infringing Laser Support Poles.

Complaint 2



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13. Defendant is a contributory infringer ofPlaintiffs '895 patent and '304 patentunder 35 U.S .C. 271(c) because its infringing Laser Support Poles are offered for sale and soldwithin the United States as components of Mr. Akers' patented invention, constituting a materialpart of the invention, knowing that the components are especially made or especially adapted foruse in an infringement of the Akers '895 patent and '304 patent and that they are not staplearticles or commodities of commerce suitable for substantial noninfringing use.

14. Defendant's violations of 35 U.S .C. 271 are willful, intentional and malicious.15. Plaintiffhas placed the required statutory notice on all products manufactured and

sold by him under the '895 patent and '304 patent, and has given written notice to Defendant ofits said infringement.

16. Plaintiffhas no adequate remedy at law.WHEREFORE, Plaintiffdemands judgment against Defendant as follows:1. For temporary, preliminary and permanent injunctions enjoining Defendant from (a)

infringing Plaintiffs '895 patent and '304 patent; (b) engaging in any false or misleadingadvertising which may, or is likely to, lead the trade or public to believe that any productprovided, distributed, or sold by Defendants is in any manner associated with Plaintiff, or is sold,manufactured, licensed, sponsored, approved, or authorized by Plaintiff, or which falselydescribes the nature, quality or origin ofPlaintiffs products; (c) assisting, aid ing or abetting anyother person or business entity from engaging or performing any of the activities referred to in20

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sub paragraphs (a) and (b) above.2. That Defendants, and all those in privity or concert with them who receive actual

notice of this order, deliver up to Plaintiff all materials, including the infringing Laser SupportPoles, in their possession or under their control that infringe upon Plaintiffs '895 patent and'304 patent.

3. For an award ofPlaintiffs compensatory patent damages in the amount of TwoHundred Fifty Thousand Dollars ($250,000.00).

4. For an award ofPlaintiffs lost profits and compensatory damages according to proof.

Complaint 3



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1 5. For an award of treble damages.2 6. For costs and reasonable attorneys' fees as provided by law.3 7. For prejudgment and post judgment interest; and4 8. For such other and further relief as the court deems just and proper.56 INTRADISTRICT ASSIGNMENT7 Pursuant to Civil L.R.3-2(c), this patent infringement case is an intellectual property8 action which shall be assigned on a district-wide basis.9

10 DEMAND FOR JURY TRIAL11 Plaintiff respectfully demands trial by jury of all issues in this case.121314151617

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Dated: September 27, 2013

Complaint 4

Respectfully submitted,

Is/Michael James CronenMichael James CronenAttorney for PlaintiffPaul Akers



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EXHIBIT A



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(12) United States PatentAkers(54) lASER LEVELING SYSTEM, APPARATUSAND METHOD FOR BUILDING

CONSTRUCTION(76) Inventor: Pa ul Akers, 1730 Squalicum Mt. Rd .,Bellingham, WA (US) 98226( ) Notice: Subject to any disclaimer, the term of tbispatent is extended or adjusted under 35U.S.C. 154(b) by 0 days.(21) Appl. No.: 09/227,414(22) Filed: Jun. 8, 1999

Re lated U.S. Applicat ion Data(60) Provisional application No . 60!(]70,765, filed on Jan. 8,1998.(51) In t. ..................................................... GOlC 15/00(52) U.S. Cl ........................................ ......... 33/286; 33/290(58) F ie ld of Search ........ ....... ............... 33/286, 290, 293,33/406, DIG. 21, 281, 285, 296, 809, 488(56) References Cited

U.S. PATENT DOCUMENTS2,661 ,653 1211953 Castiglia ......... ....... .............. 356/2493,559 336 2/1971 Zenkichi Nozaki ................. 44613563,588,249 6(1971 Studebaker .......................... 356/4.083,612,700 10/1971 Nelson ................................. 356/1533,631.601 1/1972 McNulty .............................. 356/1.:i33,771,876 11 /1973 Ljungdah et al. ................... 356/1383,775,929 12/1973 Roodvoets ct al .......... ....... 52n47.13,815,250 6/1974 Roodvoets et al. .................. .. 33/2863,897,637 8/1975 Oenho .................................. 356/1383,907 ,435 9/1975 Roodvoets ... ........................ 356/1534,142,798 3/1979 Barbee, Jr ........................... 356/1384,183,667 1/1980 Denton ................................. 356!2504,338,728 7/1982 Valead ................................... . 33/4064,679,937 7/1987 Cain et al. ... ..... .............. ..... 356/1384,718.171 1/1 988 Schlemmer et al. ................... 33/290

11111111111111 111111111111111111 lllllllllllllllllllllllllllllllllllllllllllUS006256895Bl(10) Patent No.: US 6,256,895 Bl

Jul. 10, 200145) Date of Patent:

4,757,616 7/1988 Hills ....................................... 33/4884,854,704 8/1989 Funazaki et al.. .......... ......... 356/2504,891,888 1/1990 Maria De Bree et al. .......... .. 33/2934,899,452 2/1990 Schafer .................................. 33/2965,038,493 8/1991 SU.bs ...................................... 33/8095,212,889 5/1993 lyoen ..................................... 33/2865,272,814 12/1993 Key ........................................ 33/2905,317,813 6/1994 Reed ...................................... 33/8095,359,781 11/1994 Melville .. .............. ................. 33/2865,461,793 10/1995 Melville ................................. 33/2865,533,268 7/1996 Keightley ..... ................ .... ...... 33/2905,539,990 7/1996 Le .......... .......... ...................... 33/2835,566,459 10/1996 Breda ................ ............... ...... 33/2905,621,531 4/1997 Van Andel et al. ......... .. ...... 35613995,653,415 8/1997 Schworer .. ............. ........ .. ...., 33/4935,819,424 10/1998 Ohtomo et al ............... ......... 33/2905,872,657 2/1999 Rondo .................................... 33/286

OTHER PUBUC.ATIONSLaser slide, "Momenrum Laser", No date . cited by examinerPrimary Examiner-Diego GutierrezAssistanr Exa miner-Quyen Daon(74) Attorney, Agent, or Finn-Hughes & Schacht, P.S.;Robert B. Hughes; Michael R. Schacht(57) ABS TRACTA leveling assembly to establish elevations in a buildingstrucrure for installing cabinets, bookshelves, counrertops,etc. There is a telescoping mounting post adapted to bepositioned in bearing engagement between a floor surfaceand the top of a doorway, ceiling or other upper surface . Alaser that transmits a horizontal laser beam is mounted to amounting device that can be moved to di!Ierent positionsalong the length of the pas:. Locking devices hold the lasermounting device in place, and also properly position the postto be in firm engagement with its bearing surfaces. The lasermounting device can be swung to upper and lower positions .

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US 6,256,895 Bl1lASER LEVELING SYSTEM, APPARATUSAND METHOD FO R BUILDING

CONSTRUCTON

2

This Appln claims the benefit of Provisional No. 60/070, S765 tiled Jan. 8, 1998.

U.S . Pat. No. 4,718,171 (Schlemmer) shows a rotatinglaser beam system in which the laser beam is projected ontoa staid which is provided with optical sensors 7 that providean indication of height displayed in an output 3. This also ismounted to a tripod.U.S . Pat. No. 3,588,249 (Studebaker) shows a right angle

rotating light directing means such as a mirror or pentaprism82 . The light directing means is mounted on a rotatinghollow shaft through which a l:J.Ser directs light straightBACKGROUND OF THE INVENTION

a) Field of the InventionThe present invention relates to a laser leveling system,apparatus and method particularly adapted for use in construction projects, and more particularly for constructionprojects where it is necessary to position a variety ofcomponents of the building structure at various locationsand at specific height locations (e.g. cabinets, bookshelves,countertops, etc.).b) Background ArtThere are numerous situations in the construction industrywhere it is necessary to ascertain elevation locations, andalso to locate various components at precise elevations. Thisis a task that confronts surveyors, carpenters, brick layers,and others.The surveyor commonly uses a leveling instrument which

10 upward to the right angle directing meJ.ns. The device issecured to an easily adjusted leveling means, and it is shownbeing mounted to a mobile vehicle and alo;o to a tripod.U.S. Pat. No. 2,661,653 (Castiglia) shows a light projecting device which is provided \vith J. bubble level 6, that15 allows the device to be J.ligned. The device is provided witha housing that can be rotated by band to point in anydirection. The light beam is aimed at a target pl-aeeG-on afloor, and as the target is moved the misalignment of thefloor can be measured. The device of course could be used20 as is the instant invention to establish alignment points on awall or the like.U.S . Pat. No. 4,183,667 (Denton) shows what is called a

"light-ray indicator" and is supported by a universal joint,25 with a weight at the lower end so as to seek a plumb line.is mounted to the top end of a tripod so as to rotate about avertical axis while maintaining its horizontal orientationwithin close tolerances. Also, a conventional surveyor'stransit will commonly be designed to function as a levelinginstrument. These surveying instrument s are usually used toplace the foundation and possibly other elements of the 30building at the proper location and elevation. Then, as themore specific components are put into place, other locatingand leveling techniques are commonly used.

The following five patents also relate in general in laser/optical leveling devices, and deal mostly with improvementsto the leveling apparatus itself. These are the following:U.S . Pat. No. 5,539,990 (Le)U.S. Pat. No. 5,212,889 (Lysen)U.S . Pat. No. 4,854,704 (Funazaki et a!.)U.S. Pat. No. 4,679,937 (Cain et al.)U.S. Pat. No. 3,771,876 (Ljungdahl et al.)A typical example is where a carpenter or cabinet makeris installing cabinets, countertops, bookshelves, etc. A common technique is to use chalk lines where a v e r t i c : ~ ! elevation is established, such as measuring up a certain distancefrom the floor level. Then the countertops, cabinets, andother components are positioned using this chalk line as a

elevation reference. The chalk line can be positioned by useof establishing one vertical location, and then using acarpenter's level to align the chalk line horizontally. Anothermethod is simply to establish two vertical locations independently (e.g. by measuring ascertain distance up from thefloor level at different locations), then making elevationmarks, and stringing the chalk line berween the marks.

For a number of decades, optical tooling has been used toestablish locations and also elevations. Within more recentyears, laser instruments have been utilized for this purpose.A search of the patent literature disclosed various conceptsrelating to the use of laser instruments in establishingelevations and performing other functions. These are asfollows:

35 To the best knowledge of the applicJ.nt herein, while variousprecision leveling instruments have been available for many,many decades (and even centuries), and although optical/laser leveling devices have also been available for decades,many tasks that are performed on a day to day basis in the40 construction industry where it is required to establish heightelevations within reasonably close tolerances do not employthese types of instruments. Rather, the use of chalk lines,carpenter levels, tape measurers (measuring a vertical distance from a base location), etc. continue to be commonly45 used.A typical instance is where a skilled carpenter or cabinetmaker is installing cabinets, countertops, bookshelves andother articles. In large part, the more sophisticated levelinginstruments that have been available for many decades or50 centuries as well as the more recent optical/laser levelingsystems, which have been available for many years, carpenters and cabinet makers in large part still rely on the simpler

methods as indicated above (plumb lines, levelinginstruments, meJ.suring from floor level, etc .).U.S . Pat. No. 5,566,459 (Breda) shows a laser sighting 55device in a housing provided with spirit levels so that thedevice can be leveled and aligned. There are optical elements provided so that a beam can be projected in thedesired path .

Accordingly, it is an object of the present invention toprovide a system, apparatus and method which incorporatesa laser instrument where there is a balance of desirablefeatures which makes it particularly convenient, "userfriendly", and efficient, and also a system where the set-up

U.S . Pat. No. 5,533,268 (Keightley) shows a laser sighting device that "draws" a line in both a horizontal andvertical path for use in compound surfaces such as largechemical reaction chambers. The mirror is adjusted in two

60 J.nd use at various locations can be accomplished quicklyand easily.

planes as it rotates .U.S. Pat. No. 5,272,834 (Key) shows a surveying device 65which is mounted to a tripod and in which the user can

o b ~ r v e alight beam on the surface of surveyor's rod 14.

The present invention was developed to meet this need.SUMMARY OF TilE INVENTION

The laser leveling assembly of the present invention isused to establish height locations at selected locations, andit is particularly adapted for use at a location where there is



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a lower upwardly facing support surface and an upperdownwardly facing bearing surface, such as a buildingstrucrure having a floor support surface, and an upperbearing surface, such as an upper section of a doorway, aceiling or an upper panel or member.

The laser assembly comprises a laser instrument to transmit a horizontally directed laser beam at laterally spacedlocations to indicate a selected elevation or elevations atsuch spaced locations.

There is a mounting post having a longirudinal axis . This 10post comprises a lower contact end arranged to engage thelower support surface to establish a lower mo unting locationfor the post. The post further comprises an upper contact endportion arranged to engage the upper bearing surface toestablish an upper mounting location for the post so that the 15post can be positioned between the upper and lower locations so as to have a substantial vertical alignment component. Also, the mounting post provides a guideway extending ala ng the longirudinal axis .There is an instrument mounting device mounted to the ::opost for movement along the guideway to a selected heightposition or positions. The mounting device is arranged tosupport the instrument in an operating position where theinstrument can transmit the laser beam toward laterallyspaced locations. 25

In 11 pn:ferred form, one of the contact ends of the post islongirudinally adjustable so that the contact ends can bemoved toward and away from one another. Moreparticularly, in the preferred form the post comprises a first 30elongate post section connecting to the first contact endportion, arid a second post section telescopically engagingthe first post section and having the upper contact end.The mounting device in the preferred form comprises apost engaging portion arranged to be fixedly positioned to 35the post and arranged to be able to move along the guideway

of the post. There is an instrument mounting portionarranged to mount the instrument in its operating position.There is also an intermediate mounting portion connectingthe post engaging portion and the instrument mounting 40portion.In the preferred form, the intermediate mounting portion

4mounting device has a height indicating device positioned toenable height location of the mounting device to be determined. In a preferred form, the elevation indicating portionbas indicia increasing from a lower location to an upperlocation to indicate distance from a lower location, and alsoindicia increasing from an upper location toward a lowerlocation to indicate distance from the upper location to thelower location.The mounting device in a preferred form comprises a postengaging portion extending at least partially around the post,and providing a height indication device positioned adjacentto the distance indicating portion. More specifically, theheight indicating device is mounted so as to be vertic:illyadjustable relative to the post engaging portion. Morespecifically, said height indicating device comprises a vertically moveable transparent member with a height indicatorthereon.

There is a post locking and stabilizing device comprisinga threaded rotatable member which is mounted to the postand which can be rotated into and out of locking engagementto insert a lateral force relative to said telescoping memberswhen in locking engagement. The assembly further com-prises an instrument mounting locking device which operably engages the mounting device and the post and whichcomprises a rotatable threaded member to come into lockingengagement between said instrument mounting device andsaid post.In the method of the present invention, the assembly asrecited above is employed. The laser instrument is mountedto the instrument mounting device which in rum is mountedto the post. The post is positioned so that the lower contactend of the post engages a lower support surface, and anupper contact end portion of the post engages the upperbearing surface so that the post is positioned between theupper and lower locationsw as to have a substantial verticalalignment component, \vi th the post providing a guidewayextending the longitudinal axis.

The laser instrument is placed at the proper location on thepost, and the laser instrument is then operated to direct alaser beam toward the location (e.g. a wall) where theelevation is to be established. Then the mounting device canbe raised or lowered, placed in upper or lower locationsrelative to the mounting device, and adjustments made tofacilitate the directing of the laser beam to the appropriateis arranged so that the instrument mounting portion can belocated at different vertical locations relative to the postengaging portion. 45 height location.In a preferred embodiment, the intermediate mountingportion comprises a support arm rotatably mounted so as tobe able to rotate between an upper arm position to supportthe instrument mounting portion in an upper location and alower arm location to support the instrument mounting 50portion at a lower location. More specifically, the intermediate mounting portion comprises a laterally extending offsetmounting member to locate the instrument mounting portionat a location spaced laterally from the mounting post so thatthe instrument mounting portion would be able to move 55clear of an object located closely adjacent to the mounting

post.In a specific form, the intermediate mounting portioncomprises a vertically oriented mounting member to be ableto support said instrument mounting portion at height loca- 60tions spaced laterally from the post engaging portion. Theverticnlly oriented mounting portion is adjustable so as to beable to position the instrument mounting portion eitherabove or below the elevation of the post engaging portion.As a further feature, the mounting post has an elevation 65indicating portion positioned along the longitudinal axis ofthe post to indicate vertical location relative to the post. The

Other features of the present invention \vill becomeapparent from the following detailed description.BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is an isometri c view sho\ving the present invention,installed n a doorway, being used to position some kitchencabinets;FIG. 2 is a side elevationa! view of the apparatus of thepresent invention, installed in a doorway of a building, andshowing the laser leveling instrument positioned at an upperlocation and also a lower location;FIG. 3 is a front elevational view of the appararus, asshown in FIG. 1;FIG. 4 is a side elevational view, drawn to an enlargedscale, sbowing the laser leveling apparatus in an invertedlower position;FIG. 5 is a side elevational view, drawn to an enlargedscale showing a laser leveling instrument in a non-invertedlower position;FIG . 6 is a side elevational view, drawn to an enlargedscale, showing the laser leveling instrument in the upperposition, as shown in FIG. 2 (top part);



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US 6,256,895 Bl5FIG. 7 is a cross-sectional view taken along line 8--8 ofFIG. 6, but showing ollly the mounting sleeve of the laserinstrument mounting section;

FIG. 8 is a sectional view similar to FIG. 7 showing theslide member;FIG. 9 is a sectional view taken along line 8--8 of FIG.

S illustrating the locking and alignment mechanism betweenthe main post and inner-telescoping member of the postsection; and 10FIG. 10 is a view similar to FIG. 5, but showing the laserinstrument mounted in an upright position, with the mounting device in its lower position;FIG. 11 is a rear elevational view drawn to an elllargedscale, showing the post mounting portion of the laser mount- 15ing section.FIG. 12 is a cross-sectional view of the post at the locationof the post locking mechanism;FIG. l3 is a cross-sectional viewoftbe post at the locationof the locking mechanism for the laser mounting instrument; 20

FIG. 14 is an isometric view of an insert shown in sectionin FIG. 13 .

6or rulers) having length markings thereon (either inchesmarked in increments of a quarter inch, an eighth inch, etc.,in the metric system, or both). One scale 48 reads upwardlyfrom the lloor as a zero location, with the length designations increasing in ao upward din:ctioo, and the other lengthmarking member 48 has the markings increasing in leogthwise dimension from an upward location (the latter beingused when ooe is measuring down from a ceiling location orother upper refereoce plane).

With refereoce to FIG. 6, it can be seen that the telescoping post member 40 engages at its upper end the uppercontolct end 28 which is shown herein as a moderatelyllexible tubber or plastic electrically insulating pad beingmoderately compressible and having a sufficiently highcoefficient of friction to reliably engage the upper surface 25of the upper door member 24 or other member or componeot(e.g. a ceiling of a room) which is to engage .the. .uppercontact end 28. In operatioo, when the post sectioo 16 ismounted in its upright operating position, the post section 14is (as shown in FIGS . 1-3) placed in a location such as adoorway, so as to be substantially vertically aligned. Thenthe upper telescoping member 40 is moved upwardly topress the upper contact end 28 against the downwardlyfacing upper surface 25 after which a post stabilizing andESCRIPTION OF THE PREFERREDEMBODIMENT

With reference initially to FIGS. 1,2 and 3 the apparatus10 of the present invention is shown mounted in a doorway12 in its operating position. This apparatus 10 comprises apost section 14, a laser mounting section 16, and a laser

25 locking member 50 (FIGS. 6 and 9) is operated by turningthe haodle 52 of the member 50 so as to lock the maio post38 and the telescopiog member 40 together in the positionsso that the post section 14 is securely positioned between theinstrument 18. 30

In FIGS. 1- 3, there is shown the floor 20 having anupwardly facing surface 22 and an upper doorway member

floor surface 20, and the door member 25.The ioner-telescoping member .W bas a "U" shaped crosssectional configuration and defines an elongate slot 54extending along the entire length o f the member 40. This slot54 bas a ''T" shape, so that the rear end of the slot has an24 having a downwardly facing bearing surface 25.The postsection has a lower contact end 26 pressing against the floorsurface 22, and an upper contact end 28 pressing upwardlyagainst the bearing surface 25 of the upper doorway member

24 . In the position of FIGS. 1-2, the post sectioo 14 is heldsecurely in vertical alignmeot between the surfaces 22 and25.

35 expanded slot portion 56 and a necked down portion 58, soas to have a "T' shaped cross section. The locking membercomprises a plastic insert 60, about six inches long andhaving a uniform "T' shaped cross section so that it fitssnugly within the slot 54.40 The aforementioned locking knob 52 connects to athreaded bolt member 62 which in turn fits in a threaded borein the insert 60 . The knob 52 is rotated to cause the threadedbolt member 62 to draw the insert 60 laterally so that itpresses the telescoping member 40 firmly against the inside

The mounting section 16 and the laser instrument 18 areshown iu FIGS. 2 and 3 in both a lower and an upperposition (it being understood that normally there would beonly one mounting section 16 and one laser instrument 18 in45 surface of the sidewall 44 of the main post 38. Then whenit is desired to move the telescoping member 40, the knob 52is rotated in the opposite direction to loosen the clampinginsert 60 and permit slide movement of the telescoping postmember 40.

the apparatus 10). The mounting section 16 comprises a postengaging portion 30, and a laser mounting portion 32. Thelaser mounting portion 32 in turn can be coos idered tocomprise a laser platform member 34 by which the laserinstrument 18 is mouoted, and an intermediate mountingportion 36 which interconnects the laser platform member 5034 with the post engaging portion 30.The post engaging portion 30 is slide mounted to the postsection 16 and can be moved to various selected locationsalong the length of the post sections 14. To describe the postsection 14 in more detail, th is post section 14 comprises a ssmain post38 and an inner-telescoping post member 40, slide

mounted within the main post 38 . The aforementionedcontact end 26 is at the lower end of the main post 38, andthis contact end 26 can conveniently be provided as a.relatively hard rubber or plastic electrically insulating pad 60having a high coefficient of friction so that it reliablyengnges the floor surfa ce 22.A: ; shown in FIG. 7, the main post 38 has a square

c r o s . ~ - s e t i o n a l configuration, having a front wall 42, rearwall 44 and two sidewalls 46. The rear wall 44 is slightly 65recessed so as to form two shallow vertically extendingc h a n n e l ~ . and there are two scales 48 (i.e. measuring tapes

As indicated previously, the mounting section 16 comprises the post engaging portion 30 and the laser mountingportion 32. To describe the post engaging portion 30 in moredetail, reference will now be made to FIGS. 8 and 11In FIG. 8, it can be seen ihat the post engaging portion 30comprises a slide member 63 having a vertical dimension ofabout five inches and a square cross sectional configuration

with rounded comer portions. The main post 38 functions asa guide way (or slide way) for the post engaging portion 30 .The post engagiog portion 30 comprises a front wall 64, arearwall66 aod two side walls 68 . Mouoted to one side wall68 is a locking device 70 (See FIGS . 4, 7 and 10) whichcomprises a koob 72 connected to a bolt 74 that is in tumthreaded into a block 76 welded or otherwise secured to theside wall 68 . The contact end of the holt 74 has a hard ruhhersurface or other non-scoring material which bears againstthe side wall 46 of the main po st 38 . By rotating the knob70, the bol t 74 moves inwardly to press against the side wall



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thickness dimension of about ';i inch, and is sufficientlybright to be readily observable in most all building interiors.The beam scans along the wall, and it is a very simple matterto match tbe height of the beam to a marking on the wall,am.l/or place the marking at the appropriate place where thelaser strikes the wall.In this particular instrument, the laser beam makes anentire scan of the wall surface about 200 times per minute.Accordingly, the carpenter has a substantially constant reference line, accurately located and easily readable. Then thecarpenter proceeds with the work of properly positioning thecabinets and couotertops to the proper location and thencompleting the installation.In some instances, a nearby doorway is not available, sothat the apparatus 10 need to be installed so as to reach fromthe floor surface 22 to a ceiliog surface. The apparatus 10 isarranged so that the inner-telescoping section 40 can beextended out to almost seventy inches beyond the morenormal eighty inch length dimension that would be expectedin doorways. This extension is accomplished as indicatedabove by moving the telescoping section 40 upwardly sothat the upper bearing end 28 comes into engagement withthe ceiling, and then operating the locking mechanism SO tomaintain the pole section 14 in its operating position.It will be noted, with reference to FIG.1 that the mountingsection 16 is arranged so that the mouoting member 112 andthe laser instrument 18 are spaced laterally from the postsection 14 is a sufficient distance so that the laser instrument

10The post section of 38a bas a square tubular crosssectional configuration, and like\vise the inner post section40a bas a matching square cross-sectional configuration.The outer wall of the inner telescoping member 40a isspaced a short distance inwardly from the inner wall of theouter telescoping section 3Sa leaving a small width gap 1.50 .A plurality of pads 1.52 are positioned between the members38a and 48a to provide proper sliding engagement.The locking device SOa comprises a handle S2a secured

10 to a bolt 62a that is threaded into an insert 60a. By rotatingthe handle S2a, the inner tube section 40a can be locked inplace. The bolt 62a is at a 45 degree angle to the adjacentsidewalk and leans against a matching flattened and concaveedge portion.15 FIG. 13 is a cross-sectional view taken at the location ofthe mounting section 18 on the post section 40a. Moreparticularly, this section is taken at the location of thelocking mechanism 70a of the post engaging seetintr30a.There is a handle 32a attached to a bolt 14a which in tumengages a elongate insert 154 (shown in FIG. 14). This insert154 has a bearing face 156 and top and lower protrudingmembers 158. This insert 154 tits in a housing section 160,this being an elongate member having a U-shaped cross

section extending the length of the mounting section 18 .25 The bearing surface 156 presses against a matchingbearing surface 162 wb.ich is al_igned at 45 degrees from thetwo adjacent wall sections of the post section 40a, thisbearing surface 162 comprising a flattened edge corner

18 can be positioned at an elevation above the bearing 30surface 25 when the post 14 is mounted in the doorway. (SeeFIG. 2). In the event that the laser beam is to be positioned

portion of the post section 40a.In operation, the handle 72a is rotated to cause the bearingend of the bolt 14a to engage the insert 154 to press thebearing surface 156 into engagement with the bearing surface 162 to hold the post engaging portion 30a securely inplace. Pads 164 arc provided to provide for proper sliding

at a very low level adjacent to the lloor surface 22, asindica ted in FIG. 4, the intermediate mounting member 112can be inverted, and the laser platform 34 can be placed atwhat now becomes the upper surface of the borizootal plate114, as shown in FIG. 10.From time to time, it may be desired to make smalladjustments in the height of the laser instrument 18. Forexample, the carpenter may make a measurement on tbe walland desire to move the reference level up by % of an inch.In tb.is instance, the carpenter could observe the presentlocation of the reference line 86, make a simple calculationto find the desired elevation, and then move the mountingsection 16 up until the reference line 86 matches the propercalculated measurement. After that, the carpenter may wishto make a further adjustment by simply moving the clearplastic plate 82 itself so as to move the reference line 1:!6 toan elevation marking that corresponds exactly to the desiredreference elevation on the wall. For example, the floorlocation where the apparatus 10 is positioned may be a slightdistance bdow what is desired. Yet, tbt: carpenter wants toset the reference line 86 so that it is at the dimension whichcorresponds with the height dimension at the actual installation location adjacent to the wall. This can be done bysimple adjustment to the plate 82, while leaving the mount

ing section 16 in its proper position.FIGS. 11-14 show a second embodiment of the presentinvention. Components of the second embodiment which aresimilar to the first embodiment wil l be given like numericaldesignations, with an "a" designation distinguishing those ofthe second embodiment.

35 engagement, and also to securely bold the post engagingportion 30a in place.It is to be recognized that various modifications could bemade to the present invention without departing from tbebasic teachings thereof. For example, the cross-sectional40 configurations in relative positioning of the main post38 andthe extendible member 40 could be modified to differentcross-sectional configurations and relative positions. Forexample, the components could be made as an I beamsection, matching S sections or U sections, etc. Further, the45 precise means of making the vertical extensions could bemodified, such as by placing a screw jack member adjacentto the bottom portion of the post. While the post engagingmember 30 is shown as having a slide mount where itencloses the post 38, this could be made more in the form ofso a wheeled member that travels up and down a post havinga more rail-like structure. Further, the intermediate mounting members could have different adjustments, both verticaland angular added thereto. It is to be recogni7..ed that suchmodifications are intended to be included within the broaderss scope of the present invention.What is claimed is:

1. A laser leveling assembly to establish height locationsat selected locations, and adapted for use at a location wherethere is a lower upwardly facing support surface and an60 upper downwardly facing bearing surface, such as a buildingstructure having a tloor support surface and an upper bearingsurface, such as an upper section of a doorway, a ceiling oran upper panel or member, said assembly comprising:IG. U is a cross-sectional view of the post 14a showingthe two telescoping post sections 3Ra and 40a and the postlocking mechanism 50a, and fiG. 13 is a cross-sectional 65view through the post 14a where the locking mechanism 70a

a) a laser instrument to transmit a hori7..ontally directedlaser beam at laterally spaced locations to indicate aselected elevation or elevations at such spaced loca-is located. tions;



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US 6,256,895 Bl11

b) a mounting post having a longitudinal axis and comprising:12

g u l ~ cross-section, and at least one of a longitudinal edgeportlDn of the first post section and an adjacent longitudinaledge portion of the second post section comprises a llattenededge surface portion, said assembly further comprising ai. a lower contact end portion arranged to engage saidlower support surface to establish a lower mountinglocation for said post;ii . an upper contact end portion arranged to engage said

upper bearing surface to establish an upper mountinglocation for said post so that the post can be positioned between the upper and lower locations so as

s post locking section comprising a thread mounted lockingmember which can be rotated into and out of lockingengagement between said first and second post sections andcoming into engagement with the flattened surface portion .

to have a ~ u b s t a n t i a l vertical alignment component;iii. said mounting post providing a guideway extending 10along said longitudinal axis; whereiniv. an effective length of the post is changed to accommodate different distances between the first andsecond fixed surfaces;

11. The assembly as recited in claim 10, wherein there isan instrument mounting locking device comprising a rotatable threaded locking member in operative engagementbetween the instrument mounting device and the post, so asto be rotatable to come into locking engagement between theinstrument mounting device and the post.

U . The assembly as recited in claim 1, wherein saidmounting post has an elevation indicating portion extendingalong the longitudinal axis of the post to indicate verticallocation relative to the post, said mounting d e v i c ~ baving aheight indicating device positioned to enable height location

c) an instrument mounting device mounted to said post for 15movement along said guideway to a selected heightposition or positions, and arranged to support saidinstrument in an operating position where the instrument can transmit said laser beam toward laterallyspaced locations. 20 of the mounting device to be determined.2. The assembly as red ed in claim 1, where at least oneof said contact ends is longitudinally adjustable so that thecontact ends can be moved toward and away from oneanother.3. The assembly as recited in claim 1, wherein said post 25comprises a first elongate post section having said lowercoot act end portion, and a second post section telescopicallyengaging said first post section and having said uppercontact end portion.4. The assembly as recited in claim 3, wherein said 30mounting device comprises:

i. a post engaging portion arranged to be fixedly positioned to the post and arranged to be able to move alongsaid guideway of the post;ii. an instrument mounting portion arranged to mount the 35instrument in its operating position;ii i. an intermediate mounting portion connecting said postengaging portion and said instrument mounting portion.5. The assembly as recited in claim 4, wherein said 40intermediate mounting portion is arranged so that saidinstrument mounting portion can be located at differentvertical locations relative to said post engaging portion.6. The assembly as recited in claim 5, wherein saidintermediate mounting portion comprises a support arm 45rotatably mounted so as to be able to rotate between an upperarm position to support said instrument mounting portion inan upper location and a lower arm location to support saidinstrument mounting portion at a lower location.7. The assembly as recited in claim 4, wherein said 50intermediate mounting portion comprises a laterally extend-ing offset mounting portion to locate the instrument mounting portion at a location spaced laterally from said mountingpost so that the intermediate mounting portion would be ableto move clear of an object located closely adjacent to said 55mounting post.8. The assembly as recited in claim 7, wherein saidintermediate mounting portion comprises a vertically ori ented mounting portion to be able to support said instrumentmounting portion at height locations spaced vertically from 60the post engaging portion.9. The assembly as recited in claim 8, wherein saidvertically oriented mounting portion is adjustable so as to beable to position the ins trument mounting portion eithe rabove or below the elevation of the post engaging portion . 6510. A The assembly as recited in claim 3, wherein sai dfirst and ~ e c n n d post sec ti(J ns each has a generally rectan-

13. The assembly as recited in claim 12, wherein saidelevation indicating portion bas indicia increasing from alower location to an upper location to indicate distance froma lower surface location, and also indicia increasing from anupper location toward a lower location to indicate distancefrom the upper location to the lower location.14. The assembly as recited in claim l l , wherein saidmounting device comprises a po st engaging portion extending at least partially around said post, and having said heightindicating device positioned adjacent to the elevation indicating portion.15. The assembly as recited in claim 14, wherein saidheight indicating device is mounted so as to be verticallyadjustable relative to said post engaging portion . 16. The assembly as recited in claim 15, wherein saidheight indicating device comprises a vertically movabletransparent member with a height indicator thereon.17. The assembly as recited in claim 1, wherein saidmounting post comprises a first telescoping member and asecond telescoping member mounted within said first telescoping member, said assembly further comprising a postlocking and stabilizing device comprising a rotatablethreaded member which is mounted to said post and whichcan be rotated into and out of locking engagement to exerta lateral force relative to said telescoping members when inlocking engagement, said assembly further comprising amounting locking device which operably engages saidmounting device and said post and which comprises arotatably thn:aded member to come into locking engagementbetween said instrument mounting device and said post.18. Method to establish height locations at selectivelocations, and adapted to be employed at a location wherethere is a lower upwardly facing support surface and upperdownwardly facing bearing surface, such as a buildingstructure having a floor support surface and an upper bearingsurface, such as an upper ~ ~ c t i o n of a doorway, a ceiling oran upper panel or member, said method comprising:a) mounting a laser instrument to an instrument mountingdevice and mounting the mounting device to a mounting post having a longitudinal axis;b) placing a lower contact end of said post to engage saidlower support surface to establish a lower mountinglocation for said post means;

c) arranging an upper contact end portion of the post suchthat the post is substantially vertical and extending theeffective length of the the post such that the uppercontact end portion of said poM engages said upper



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US 6,256,895 B113bearing surface to establish an upper mounting locationfor said post so that the post is positioned between theupper and lower locations so as to have a substantialvertica l alignment component. with said mounting postproviding a guideway extending along said longitudinal axis;d) positioning said instrument mounting device along saidguideway to a selected height position or positions,with said instrument in an operating position;c) operating said laser instrument to transmit a laser beam 10at a laterally spaced location or locations to indicate aselected elevation or elevations at such location orlocations.19. The method as recited in claim 18, wherein saidintermediate mounting portion is arranged so that saidinstrument mounting portion can be located at different 15vertical locations relative to a post engaging portion wherethe instrument mounting device is mounted to the post, saidmethod comprising rotating said mounting portion to anupper or lower location so that said laser instrument canoperate at positions both above and below the location at zowhich the instrument mounting portion is engaging the post.20. A leveling assembly adapted to be used with a laserinstrument to establish height locations at selected locations.and adapted for use at a location where there is a lowerupwardly facing support surface and an upper downwardly 25facing bearing surface, such as a building structure having afloor support surface and an upper bearing surface, such asan upper section of a doorway, a ceiling or an upper panelor member, said assembly comprising:a) a mounting post having a longitudinal axis and com- 30prising:

i. a lower contact end arranged to engage said lowersupport surface to establish a lower mounting location for said post;ii. an upper contact end portion arranged to engage said 35upper bearing surface to estab !ish an upper mountinglocation for said post so that the post can be positioned between the upper and lower location so as tohave a substantial vertical alignment component;iii. said mounting pos t providing a guideway extending 40along said longitudinal axis; andiv. an effective length of the post is changed to accommodate different distances between the floor supportsurface and the upper bearing surface;b) ao instrument mounting device mounted to said post 45for movement along said guideway to a selected heightposition or positions, and having a laser instrumentsupporting portion to support said instrument io aooperating position where the laser instrument is able totransmit a horizontally directed laser beam at a laterally sospaced location to indicate a selected elevation orelevations at such location or locations .

14ii. an upper contact end portion arranged to engage saidupper bearing surfa


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US 6,256,895 Bl15

i. a lower contact end arranged to engage said lowersupport surface to establish a lower mounting location for said post;

1628 . A leveling assembly as recited in claim 24, in whichthe post further comprises a post locking device that fixes theeffective length of the post at a desired length.ii. an upper contact end portion arranged to engage saidupper bearing surface to establish an upper mountinglocation for said post;29 . A leveling assembly as recited in claim 24, in whichs the light emitting device is a laser.30. A leveling assembly as recited in claim 24, in which

the light emitting device comprises a rotating device formoving the light beam relative to the pole such that the lightbeam forms a line on the target surface.iii. said post being a rranged so that the upper and lowercontact end portions are extended or retracted withrespect to one another so that the post can bepositioned between the upper and lower locations soas to have a substantial vertical alignmentcomponent, and so that the upper and lower contactend portions can be positioned in engagement with

the upper bearing surface and the lower supportsurface to hold the post between the upper and lowerlocations;

10 31. A leveling assembly as recited in claim 24, in whichthe light emitting device comprises a self-leveling devicethat directs the light beam along a substantially horizontalpath.

iv. said mounting post providing a guideway extendingalong said longirudinal axis; andv. an effective length of the post is changed to accommodate different distances between the floor support

32 . A support assembly for a rotary laser that generates alight line, where the support assembly supports the rotary15 laser assembly such that a light line emitted by the rotarylaser establishes a desired reference line on a target surfaceand the target surface is adjacent to first and seconcUixedsurfaces, the support assembly comprising:

surface and the upper bearing surface; 20c) an instrument mounting device mounted to said post formovement along said guide way to a selected height

position or positions, and arranged to support saidinstrument in an operating position where the instru- 25meot can transmit said laser beam toward laterallyspaced locations.24. A leveling assembly for establishing a desired heightlocation on a target surface, where the target surface isadjacent to first and second fixed surfaces, the leveling 30assembly comprising:a light emitting instrument adapted to transmit a directedlight beam;a post having first and second end portions arranged toengage the first and second fixed surfaces such that a 35position of the post relative to the first and second fixedsurfaces is substantia lly fixed, where an effective length

of the post may be changed to accommodate differentdistances between the first and second fixed surfaces;andan instrument mounting device that engages the post suchthat the instrument mounting device ma y be selectivelyfixed to the mounting post at a desired post location;wherein

40

the light emitting instrument is mounted to the instru- 45ment mounting device such that, when the instrument mounting device is fixed to the mounting post

a post having first and second end portions arranged toengage the first and second fixed surfaces such that aposition of the post relative to the first and second fixedsurfaces is substantially fixed, where an effective lengthof the post may be changed to accommodate differentdistances between the first and second fL'


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US 6,256,895 Bl1738. A method of establishing a desired locatiotl Otl a targetsurface arranged betweea a support surface and a bearingsurface, the method comprising the steps of:providing a post having first and second end portions;arranging the post with tee first end portion engaging thesupport surface;changing an effective length of the post such that thesecotld end portion engages the bearing surface andfixes the post relative to the target surface;mounting a light emitting instrument on the post;operating the light emitting instrument to cause a lightbeam to impinge Otl the target surface; and

10

adjusting a location of the light emit ting instrument on thepost such that the light beam impinges on the target 15surface at the desired location.39. A method as recited in claim 38, further comprisingthe step of rot:ning the light emitting instrument such that thelight beam forms a line at the desired locatiotl Otl the targetsurface.40. A method as recited in claim 38, it1 which the step ofmout1ting the light emitting instrument on the post furthercomprises the steps of:providing a mounting assembly;mo11nting the mounting assembly to the post; andmo11nting the light emitting instrument on the mollatiagassembly.41. A method as recited in claim 40, in which:

20

:s

the step of providing the mounting assembly comprises 30the steps of:

18providing first and second mounting members; androtatably attaching the first mounting member to thesecond mouotiag member;

the step of mounting the mounting assembly to the postcomprises the step of mounting the first mountingmember to the post such that the second mountingmember rotates about a mounting axis relative to thepost; and

the step of mounting the light emitting instrument on themounting assembly comprises the step of mounting thelight emitting instrument to the second mounting mem-ber.42. A method as recited in claim 38, further comprisingthe step of locking the effective length of the post tomaintain the post in contact with the support surface and thebearing surface. _ ,.. _43. A method as recited in claim 38, in which:the step of providing the post comprises the step ofproviding first and second post sections, where the firstend portion is defined by the first post section and thesecond end portion is defined by the second post

section;the method further comprising the step of engaging thefirst and second post sections together such that the firstand second post sections move relative to each other tochange a distance between the first and second cadportions and thus the effective length of the post. * *



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EXHIBITB



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US 6,598,304 B2Page 2

U.S. PATENT DOCUMENTS 5,621,531 A 4/1997 Van Andel et al.5,653,415 A 8/1997 Schworer5,038,493 A 8/1991 Stabs 5,782,003 A 7/1998 Bozzo5,212,889 A 5/1993 Lysen 5,819,424 A 10/1998 Ohtomo et al.5,272,814 A 12/1993 Key 5,829,147 A 11/1998 Kousek et al.5,317,813 A 6/1994 Reed 5,872,657 A 2/1999 Rando5,359,781 A 11/1994 Melville 5,894,344 A 4/1999 Tamez et al.5,367,779 A 11/1994 Lee 5,907,907 A 6/1999 Ohtomo et al.5,461,793 A 10/1995 Melville 6,087,645 A 7(200CJ Kitajima et al.5,505,000 A 4/1996 Cooke ......................... 33(286 6,438,854 B1 8(2002 Kott, Jr ................ .. .... 33(2865,533,268 A 7/1996 Keightley 2002/0017028 A1 2(2002 Wishart ........... . ..... ...... 33/2865,539,990 A 7/1996 Le5,566,459 A 10/1996 Breda * cited by examiner



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U.S. Patent Jul. 29, 2003 Sheet 2 of 8 US 6,598,304 B2

FIG. 2FIG. 3

28

/10~ 1 0 14

32

22 22



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Sheet 3 of 8

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U.S. Patent Jul. 29, 2003 Sheet 5 of 8

88

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FIG. 746

FlG.

707274---

IIII II IL __ J

10

26

Sheet 6 of 8 US 6,598,304 B2

FIG. 868

82

FIG. 9 5254606256

116



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FIG. 11

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FIG. 1252a FIG. 14

158

FIG. 1372a

164

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US 6,598,304 B21

LASER LEVELING SYSTEM, APPARATUSAND METHOD FOR BUILDINGCONSTRUCTION

RELATED REFERENCES 5This application is a continuation of U.S . Ser. No . 09/867,575, filed on May. 29, 2001, now abandoned, which is acontinuation of U.S. Ser. No . 09/227,414, filed Jan. 8, 1999,

now U.S. Pat. No . 6,256,895, which claims priority of U.S. 10Provisional Application Ser. No . 60/070,765, filed on Jan.08,1998.BACKGROUND OF THE INVENTION

a) Field of the Invention 15The present invention relates to a laser leveling system,apparatus and method particularly adapted for use in construction projects, and more particularly for constructionprojects where it is necessary to position a variety ofcomponents of the building structure at various locations 20and at specific height locations (e.g. cabinets, bookshelves,countertops, etc.).b) Background ArtThere are numerous situations in the construction industrywhere it is necessary to ascertain elevation locations, and 25also to locate various components at precise elevations. Thisis a task that confronts surveyors, carpenters, brick layers,and others.The surveyor commonly uses a leveling instrument which

2chemical reaction chambers. The mirror is adjusted intwo planes as it rotates.

U.S. Pat. No. 5,272,834 (Key) shows a surveying devicewhich is mounted to a tripod and in which the user canobserve alight beam on the surface of surveyor's rod14.U.S. Pat. No . 4,718,171 (Schlemmer) shows a rotatinglaser beam system in which the laser beam is projected

onto a staid which is provided with optical sensors 7that provide an indication of height displayed in anoutput 3. This also is mounted to a tripod .U.S. Pat. No . 3,588,249 (Studebaker) shows a right anglerotating light directing means such as a mirror orpentaprism 82 .The light directing means is mounted ona rotating hollow shaft through which a laser directslight straight upward to the right angle directing means.The device is secured to an easily adjusted levelingmeans, and it is shown being mounted to a mobilevehicle and also to a tripod.U.S. Pat. No. 2,661,653 (Castiglia) shows a light projecting device which is provided with a bubble level 6, thatallows the device to be aligned . The device is providedwith a housing that can be rotated by hand to point in

any direction. The light beam is aimed at a target placedon a floor, and as the target is moved the misalignmentof the floor can be measured. The device of coursecould be used as is the instant invention to establishalignment points on a wall or the like .

U.S. Pat. No . 4,183,667 (Denton) shows what is called a"light-ray indicator" and is supported by a universaljoint, with a weight at the lower end so as to seek aplumb line.is mounted to the top end of a tripod so as to rotate about a 30vertical axis while maintaining its horiwntal orientationwithin close tolerances. Also, a conventional surveyor'stransit will commonly be designed to function as a levelinginstrument. These surveying instruments are usually used toplace the foundation and possibly other elements of thebuilding at the proper location and elevation. Then, as themore specific components are put into place, other locatingand leveling techniques are commonly used.

The following five patents also relate in general in laser/35 optical leveling devices, and deal mostly with improvementsto the leveling apparatus itself. These are the following:

U.S. Pat. No . 5,539,990 (Le)U.S. Pat. No . 5,212,889 (Lysen)U.S. Pat. No . 4,854,704 (Funazaki et a!.)U.S. Pat. No. 4,679,937 (Cain et al.)U.S. Pat. No. 3,771,876 (Ljungdahl et al.)To the best knowledge of the applicant herein, while variousprecision leveling instruments have been available for many,

A typical example is where a carpenter or cabinet maker 40is installing cabinets, countertops, bookshelves, etc . A common technique is to use chalk lines where a vertical elevation is established, such as measuring up a certain distancefrom the floor level. Then the countertops, cabinets, andother components are positioned using this chalk line as aelevation reference. The chalk line can be positioned by use 45 many decades (and even centuries), and although optical/laser leveling devices have also been available for decades,many tasks that are performed on a day to day basis in theconstruction industry where it is required to establish heightelevations within reasonably close tolerances do not employof establishing one vertical location, and then using acarpenter's level to align the chalk line horizontally. Anothermethod is simply to establish two vertical locations independently (e.g. by measuring ascertain distance up from thefloor level at different locations), then making elevationmarks, and stringing the chalk line between the marks.

50 these types of instruments. Rather, the use of chalk lines,carpenter levels, tape measurers (measuring a vertical distance from a base location), etc . continue to be commonlyused.or a number of decades, optical tooling has been used toestablish locations and also elevations. Within more recentyears, laser instruments have been utilized for this purpose. 55A search of the patent literature disclosed various conceptsrelating to the use of laser instruments in establishingelevations and performing other functions. These are asfollows:

U.S. Pat. No . 5,566,459 (Breda) shows a laser sighting 60device in a housing provided with spirit levels so thatthe device can be leveled and aligned . There are opticalelements provided so that a beam can be projected inthe desired path.U.S . Pat. No. 5,533,268 (Keightley) shows a laser sight- 65ing device that "draws" a line in both a horizontal andvertical path for use in compound surfaces such as large

A typical instance is where a skilled carpenter or cabinetmaker is installing cabinets, countertops, bookshelves andother articles. In large part, the more sophisticated levelinginstruments that have been available for many decades orcenturies as well as the more recent optical/laser levelingsystems, which have been available for many years, carpenters and cabinet makers in large part still rely on the simplermethods as indicated above (plumb lines, levelinginstruments, measuring from floor level, etc.) .Accordingly, it is an object of the present invention toprovide a system, apparatus and method which incorporatesa laser instrument where there is a balance of desirablefeatures which makes it particularly convenient, "user-friendly", and efficient, and also a system where the set-up



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US 6,598,304 B23

and use at various locations can be accomplished quicklyand easily.The present invention was developed to meet this need .SUMMARY OF THE INVENTION

The laser leveling assembly of the present invention isused to establish height locations at selected locations, andit is particularly adapted for use at a location where there is

4tions spaced laterally from the post engaging portion . Thevertically oriented mounting portion is adjustable so as to beable to position the instrument mounting portion eitherabove or below the elevation of the post engaging portion.As a further feature, the mounting post has an elevationindicating portion positioned along the longitudinal axis ofthe post to indicate vertical location relative to the post. Themounting device has a height indicating device positioned to

enable height location of the mounting device to be deter-a lower upwardly facing support surface and an upperdownwardly facing bearing surface, such as a buildingstructure having a floor support surface, and an upperbearing surface, such as an upper section of a doorway, aceiling or an upper panel or member.

The laser assembly comprises a laser instrument to transmit a horizontally directed laser beam at laterally spacedlocations to indicate a selected elevation or elevations atsuch spaced locations.

10 mined. In a preferred form, the elevation indicating portionhas indicia increasing from a lower location to an upperlocation to indicate distance from a lower location, and alsoindicia increasing from an upper location toward a lowerlocation to indicate distance from the upper location to the15 lower location.

There is a mounting post having a longitudinal axis . Thispost comprises a lower contact end arranged to engage thelower support surface to establish a lower mounting locationfor the post. The post further comprises an upper contact endportion arranged to engage the upper bearing surface toestablish an upper mounting location for the post so that thepost can be positioned between the upper and lower locations so as to have a substantial vertical alignment component. Also, the mounting post provides a guideway extend- 25ing along the longitudinal axis.

The mounting device in a preferred form comprises a postengaging portion extending at least partially around the post,and providing a height indication device positioned adjacentto the distance indicating portion. More specifically, the20 height indicating device is mounted so as to be verticallyadjustable relative to the post engaging portion . Morespecifically, said height indicating device comprises a ver tically moveable transparent member with a height indicatorthereon.

There is an instrument mounting device mounted to thepost for movement along the guideway to a selected heightposition or positions. The mounting device is arranged to 30support the instrument in an operating position where theinstrument can transmit the laser beam toward laterallyspaced locations.

There is a post locking and stabilizing device comprisinga threaded rotatable member which is mounted to the postand which can be rotated into and out of locking engagementto insert a lateral force relative to said telescoping memberswhen in locking engagement. The assembly further comprises an instrument mounting locking device which oper-ably engages the mounting device and the post and whichcomprises a rotatable threaded member to come into lockingengagement between said instrument mounting device andsaid post.

In the method of the present invention, the assembly asrecited above is employed. The laser instrument i s mountedto the instrument mounting device which in turn is mountedto the post. The post is positioned so that the lower contact

In a preferred form, one of the contact ends of the post islongitudinally adjustable so that the contact ends can be 35moved toward and away from one another. Moreparticularly, in the preferred form the post comprises a firstelongate post section connecting to the first contact endportion, and a second post section telescopically engagingthe first post section and having the upper contact end. 40 end of the post engages a lower support surface, and anupper contact end portion of the post engages the upperbearing surface so that the post is positioned between theupper and lower locations so as to have a substantial vertical

The mounting device in the preferred form comprises apost engaging portion arranged to be fixedly positioned tothe post and arranged to be able to move along the guidewayof the post. There is an instrument mounting portionarranged to mount the instrument in its operating position. 45There is also an intermediate mounting portion connectingthe post engaging portion and the instrument mountingportion.

In the preferred form, the intermediate mounting portionis arranged so that the instrument mounting portion can be 50located at different vertical locations rela live to the postengaging portion.

alignment component, with the post providing a guidewayextending the longitudinal axis.The laser instrument is placed at the proper location on thepost, and the laser instrument is then operated to direct alaser beam toward the location (e .g. a wall) where theelevation is to be established. Then the mounting device canbe raised or lowered, placed in upper or lower locationsrelative to the mounting device, and adjustments made tofacilitate the directing of the laser beam to the appropriateheight location.n a preferred embodiment, the intermediate mountingportion comprises a support arm rotatably mounted so as toOther features of the present invention will become55 apparent from the following detailed description .e able to rotate between an upper arm position to supportthe instrument mounting portion in an upper location and alower arm location to support the instrument mountingportion at a lower location. More specifically, the intermediate mounting portion comprises a laterally extending offsetmounting member to locate the instrument mounting portion 60at a location spaced laterally from the mounting post so thatthe instrument mounting portion would be able to moveclear of an object located closely adjacent to the mounting

post.In a specific form, the intermediate mounting portion 65comprises a vertically oriented mounting member to be able

to support said instrument mounting portion at height loca-

BRIEF DESCRIPTION OF THE DRAWINGSFIG. 1 is an isometric view showing the present invention,installed n a doorway, being used to position some kitchencabinets;FIG. 2 is a side elevational view of the apparatus of thepresent invention, installed in a doorway of a building, andshowing the laser leveling instrument positioned at an upperlocation and also a lower location;FIG. 3 is a front elevational view of the apparatus, asshown in FIG. 1;



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US 6,598,304 B25

FIG. 4 is a side elevational view, drawn to an enlargedscale, showing the laser leveling apparatus in an invertedlower position;FIG. 5 is a side elevational view, drawn to an enlargedscale showing a laser leveling instrument in a non-invertedlower position;

6contact end 26 is at the lower end of the main post 38, andthis contact end 26 can conveniently be provided as arelatively hard rubber or plastic electrically insulating padhaving a high coefficient of friction so that it reliablyengages the floor surface 22.

As shown in FIG. 7, the main post 38 has a squarecross-sectional configuration, having a front wall 42, rearwall 44 and two sidewalls 46. The rear wall 44 is slightlyrecessed so as to form two shallow vertically extendingFIG. 6 is a side elevational view, drawn to an enlargedscale, showing the laser leveling instrument in the upperposition, as shown in FIG. 2 (top part);FIG. 7 is a cross-sectional view taken along line 8---8 ofFIG. 6, but showing only the mounting sleeve of the laserinstrument mounting section;FIG. 8 is a sectional view similar to FIG. 7 showing theslide member;

10 channels, and there are two scales 48 (i.e. measuring tapesor rulers) having length markings thereon (either inchesmarked in increments of a quarter inch, an eighth inch, etc.,in the metric system, or both) . One scale 48 reads upwardlyfrom the floor as a zero location, with the length designa-FIG. 9 is a sectional view taken along line 8---8 of FIG.

5 illustrating the locking and alignment mechanism betweenthe main post and inner-telescoping member of the postsection; and

15 lions increasing in an upward direction, and the other lengthmarking member 48 has the markings increasing in lengthwise dimension from an upward location (the latter beingused when one is measuring down from a ceiling location orFIG. 10 is a view similar to FIG. 5, but showing the laser 20instrument mounted in an upright position, with the mounting device in its lower position;

other upper reference plane).With reference to FIG. 6, it can be seen that the telescop-

FIG. 11 is a rear elevational view drawn to an enlargedscale, showing the post mounting portion of the laser mounting section.FIG. l2 is a cross-sectional view of the post at the location

of the post locking mechanism;FIG.13 is a cross-sectional view of the post at the location

ing post member 40 engages at its upper end the uppercontact end 28 which is shown herein as a moderatelyflexible rubber or plastic electrically insulating pad beingmoderately compressible and having a sufficiently high25 coefficient of friction to reliably engage the upper surface 25of the upper door member 24 or other member or component(e.g. a ceiling of a room) which is to engage the uppercontact end 28. In operation, when the post section 16 is

of the locking mechanism for the laser mounting instrument; 30FIG.14 is an isometric view of an insert shown in section

in FIG. 13.DESCRIPTION OF THE PREFERREDEMBODIMENT

With reference initially to FIGS. 1,2 and 3 the apparatus10 of the present invention is shown mounted in a doorway12 in its operating position. This apparatus 10 comprises apost section 14, a laser mounting section 16, and a laserinstrument 18.

mounted in its upright operating position, the post section 14is (as shown in FIGS. 1- 3) placed in a location such as adoorway, so as to be substantially vertically aligned. Thenthe upper telescoping member 40 is moved upwardly topress the upper contact end 28 against the downwardlyfacing upper surface 25 after which a post stabilizing and35 locking member 50 (FIGS. 6 and 9) is operated by turningthe handle 52 of the member 50 so as to lock the main post38 and the telescoping member 40 together in the positionsso that the post section 14 is securely positioned between the

In FIGS. 1- 3, there is shown the floor 20 having anupwardly facing surface 22 and an upper domway member40

24 having a downwardly facing bearing surface 25. The postsection has a lower contact end 26 pressing against the floor 45surface 22, and an upper contact end 28 pressing upwardlyagainst the bearing surface 25 of the upper doorway member24. In the position of FIGS. 1-2, the post section 14 is heldsecurely in vertical alignment between the surfaces 22 and25. 50

floor surface 20, and the door member 25.The inner-telescoping member 40 has a "U " shaped crosssectional configuration and defines an elongate slot 54extending along the entire length of the member 40. This slot54 has a "T" shape, so that the rear end of the slot bas anexpanded slot portion 56 and a necked down portion 58, soas to have a "T" shaped cross section. The locking membercomprises a plastic insert 60, about six inches long andhaving a uniform "T" shaped cross section so that it fitssnugly within the slot 54 .The aforementioned locking knob 52 connects to athreaded bolt member 62 which in turn fits in a threaded borein the insert 60. The knob 52 is rotated to cause the threadedbolt member 62 to draw the insert 60 laterally so that itpresses the telescoping member 40 firmly against the inside

The mounting section 16 and the laser instrument 18 areshown in FIGS. 2 and 3 in both a lower and an upperposition (it being understood that normally there would beonly one mounting section 16 and one laser instrument 18 inthe apparatus 10).The mounting section 18 comprises a postengaging portion 30, and a laser mounting portion 32 . Thelaser mounting portion 32 in turn can be considered tocomprise a laser platform member 34 by which the laserinstrument 18 is mounted, and an intermediate mountingportion 36 which interconnects the laser platform member 6034 with the post engaging portion 30.

55 surface of the sidewall 44 of the main post 38 . Then whenit is desired to move the telescoping member 40, the knob 52is rotated in the opposite direction to loosen the clampinginsert 60 and permit slide movement of the telescoping postmember 40.

The post engaging portion 30 is slide mounted to the postsection 16 and can be moved to various selected locationsalong the length of the post sections 14. To describe the postsection 14 in more detail, this post section 14 comprises a 65main post 38 and an inner-telescoping post member 40, slidemounted within the main post 38 . The aforementioned

As indicated previously, the mounting section 16 comprises the post engaging portion 30 and the laser mountingportion 32 .To describe the post engaging portion 30 in moredetail, reference will now be made to FIGS. 8 and 11.In FIG. 8, it can be seen that the post engaging portion 30comprises a slide member 63 having a vertical dimension ofabout five inches and a square cross sectional configurationwith rounded corner portions. The main post 38 functions as



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US 6,598,304 B27a guide way (or slide way) for the post engaging portion 30 .The post engaging portion 30 comprises a front wall 64, arear wall 66 and two side walls 68. Mounted to one side wall68 is a locking device 70 (See FIGS. 4, 7 and 10) whichcomprises a knob 72 connected to a bolt 74 that is in turn 5threaded into a block 76 welded or otherwise secured to theside wall 68. The contact end of the bolt 74 has a hard rubbersurface or other non-scoring material which bears againstthe side wall 46 of the main post 38. By rotating the knob70, the bolt 74 moves inwardly to press against the side wall 1046 of the maio post 38 and hold the post engaging portion30 in a fixed location relative to the main post 38.

The rear wall 66 of the slide member 63 is provided witha cut-out 80 (see FIGS . 8 and 11) to provide a windowthrough which the operator can observe the height markings 15on the scales 48. A rectangular clear plastic plate 82 ispositioned in a shallow recess 84 formed in the rear wall 66,and extending the entire length thereof and this clear plasticpiece 82 has a horizontal reference line 86 which can beadjusted upwardly and downwardly by moving the clear 20plastic plate 82 either upwardly or downwardly.To hold the plate 82 in place, there is provided a lockingmember 88 comprising a rotatable knob 90 connected to athreaded bolt member 92 that extends through an elongate

slot 94 (see FIG. 10) formed in the clear plastic member 82, 25and into a threaded retaining socket in the member 63. Byrotating the knob 90 to an unlocking position, the clear plate82 can be adjusted upwardly or downwardly so as toproperly locate the reference line 86 relative to the heightlocation markings 48 . When the clear plastic member 82 is 30at the desired location, then it can be locked in that positionby rotating the knob 98 inwardly to engage the plasticmember 82 and press it against the rear wall 66 of themounting member 30. The plastic member 82 can beadjusted to place the reference line 86 at a desired reference 35location so that the person using the apparatus 12 is able to" fine tune" the reading of the elevation of the reference beamfrom the laser 18.

8The mounting section 16 is arranged so that the "L"shaped intermediate mounting member 112 can be invertedto the position of FIG. 4 simply by loosening the lockingmember 118 to its release position, and then inverting theintermediate member 112 from the position of FIG. 5 to theposition of FIG. 3, and again relocking the member 112 inplace. At the same time, the laser platform member 34 canbe moved to the opposite side of the horizontal plate 114, asshown in FIG. 4, so as to properly position the laser

instrument 18 in an upright position.As indicated previously, the laser instrument 18 is, or maybe, of a conventional design. The instrument 18 is providedwith a suitable base structure indicated schematical ly at 128,where there is shown a single adjusting knob 130. This base128 is provided with an adjustable leveling mechanism, suchas that provided in a conventional surveyor's transit orleveling device, where there are leveling bubbles oriented toright angles to one another, and the instrument 18 can beadjusted to a level position within very close tolerances.The laser instrument 18 is arranged to be battery operated,and it directs a laser beam horizontally, causing the beam tomove laterally and scan a wide angular area .To describe the operation of the present invention, let ustake a typical example where there is a house underconstruction, and the construction process has progressed towhere there is a bare wood floor, and the drywall of most ofthe room has been put in place. The next step is for a skilledcarpenter to place various built-in cabinets, countertops,shelves, etc. The doorways have been constructed, but thedoors have not yet been hung.Let us assume that one of the first tasks for the carpenteris to install the built-in cupboards and countertops in thedesirable countertop height of thirty six inches above thefloor.The apparatus 10 initially has the pole section 14 in itsfully contracted section, where the telescoping post ;member40 is fully retracted so that the overall length of the postsection 14 is somewhat less than the height of a conventionalo continue the description of the mounting section 16, as

indicated previously, there is the laser mounting portion 32,which in tum is made up of a laser platform member 34 andan intermediate mounting portion 36. The laser mountingplatform 34 comprises an "L" shaped plate member comprising a horizontal plate portion 98 and a vertical plateportion 100, joined to one another in the "L" shapedconfiguration. The laser instrument 18 is, or may be, ofconventional design, and it can be removably bolted orotherwise connected to the laser platform member 34.

40 doorway (e.g. about eighty inches). The lower contact end26 is positioned against the floor surface 22 beneath theupper door member 24, and the upper end portion 28 ispressed upwardly against the downwardly facing surface 25of the upper door member 24 . Then the locking knob 52 is

The intermediate mounting portion 36 comprises first alaterally extending rectangular member 102 having its rearend welded or otherwise joined to the front wall 64 of thepost engaging mounting portion 30. At the forward verticalsurface 104 of the plate member 102 there is a pair ofcylindrical pockets or recesses 106, each of which receivesa locating pin 108. The locating pin 108 also fits withinmatching recesses in a vertical plate 110 of an "L" shapedmember 112 which also comprises lateral plate 114. Thehorizontal plate 114 connects to the horizontal plate 98 of thelaser platform member 34.

45 rotated to cause the insert 60 to move so as to press the uppertelescoping member 40 against the inside surface of the sidewall 46 of the maio post 38.The next step is to position the laser instrument 18 at thedesired height. This is accomplished by moving the locking

50 knob 72 to a release position so that the post engagingportion 30 can be moved along the main post 38 (whichfunctions as a guideway) to the proper elevation . Thelocking knob 72 is rotated into locking engagement; thelaser instrument is adjusted so as to be in a horizontal55 position, and the laser instrument 18 is activated to cause itto direct its beam laterally against its surrounding wallsurfaces .

Usually, the carpenter can make a fairly close approxi mation of the proper level of the laser instrument 18 by60 moving the post engaging member 30 to its desired positionby using the reference line 86 so that this line 86 is at thedesired height elevation. Then an up or down adjustment canbe made as needed .

The mounting member 112 is held securely to the plate102 by connecting member 116 comprising

Akers v. Robert Bosch

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