Akers v. Robert Bosch

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Michael James Cronen, California State Bar No. 131087
ZIMMERMAN & CRONEN
1330 Broadway, Suite 710
Oakland CA 94612
telephone: 510.465.0828
facsimile:51 0.465.2041
Attorneys for Plaintiff
Paul Akers
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
Plaintiff,
C13-4474
Case No. :
vs.
14 Robert Bosch, LLC,
15 Defendant
COMPLAINT FOR PATENT
INFRINGEMENT
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DEMAND FOR JURY TRIAL
Plaintiff, 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 business
in 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, Title
35 U.S. C. 1 et seq. The Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331
and 13 3 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
Compl aint 1
Case5:13-cv-04474-PSG Document1 Filed09/27/13 Page1 of 41
1 district in which the Defendant has promoted, offered for sale, sold, shipped and otherwise
2 marketed its accused products, and in which Defendant resides, is doing business, and in which
3 the claims arose and/or a substantial amount of the property that is the subject of the action is
4 situated. Venue is also proper in this Court under 28 U.S.C. 1400 as the judicial district in
5 which Defendant resides, and in which the Defendant has committed acts of infringement and
6 has a regular and established place of business.
7 FIRST CAUSE OF ACTION
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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 Plaintiff for an invention entitled Laser Leveling System,
Apparatus And Method For Building Construction; and since that date Plaintiff has been and still
is the owner of those Letters Patent. A true and correct copy of the '895 patent is attached hereto
and 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 Plaintiff has been and still
is the owner of those Letters Patent. A true and correct copy of the '304 patent is attached hereto
and incorporated herein as Exhibit B.
11. Defendant has for some time past and still is marketing Laser Support Poles
embodying elements identical or equivalent to each claimed element in one or more claims of
Plaintiffs '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 '895
patent and '304 patent under 35 U.S.C. 271(b) through its marketing and promotional activities
and direct contacts in connection with Defendant's infringing Laser Support Poles.
Complaint
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13. Defendant is a contributory infringer ofPlaintiffs '895 patent and '304 patent
under 35 U.S.C. 271(c) because its infringing Laser Support Poles are offered for sale and sold
within the United States as components of Mr. Akers' patented invention, constituting a material
part of the invention, knowing that the components are especially made or especially adapted for
use in an infringement of the Akers '895 patent and '304 patent and that they are not staple
articles 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 of
its said infringement.
16. Plaintiffhas no adequate remedy at law.
WHEREFORE, Plaintiff demands 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 misleading
advertising which may, or is likely to, lead the trade or public to believe that any product
provided, 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 falsely
describes the nature, quality or origin ofPlaintiffs products; (c) assisting, aiding or abetting any
other person or business entity from engaging or performing any of the activities referred to in
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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 Support
Poles, 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 Two
Hundred Fifty Thousand Dollars ($250,000.00).
4. For an award ofPlaintiffs lost profits and compensatory damages according to proof.
Complaint 3
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; and
4 8. For such other and further relief as the court deems just and proper.
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6 INTRADISTRICT ASSIGNMENT
7 Pursuant to Civil L.R.3-2(c), this patent infringement case is an intellectual property
8 action which shall be assigned on a district-wide basis.
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10 DEMAND FOR JURY TRIAL
11 Plaintiff respectfully demands trial by jury of all issues in this case.
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Dated: September 27, 2013
Complaint
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Respectfully submitted,
Is/Michael James Cronen
Michael James Cronen
Attorney for Plaintiff
Paul Akers
EXHIBIT A
(12) United States Patent
Akers
(54) lASER LEVELING SYSTEM, APPARATUS
AND 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 tbis
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
(21) Appl. No.: 09/227,414
(22) Filed: Jun. 8, 1999
Related U.S. Application Data
(60) Provisional application No. 60!(]70,765, filed on Jan. 8,
1998.
(51) Int. C l . ~ ..................................................... GOlC 15/00
(52) U.S. Cl . ............ ..................................... 33/286; 33/290
(58) Field of Search ............... .......... ..... 33/286, 290, 293,
33/406, DIG. 21, 281, 285, 296, 809, 488
(56) References Cited
U.S. PATENT DOCUMENTS
2,661,653 1211953 Castiglia ......... ..................... 356/249
3,559 .. 336 2/1971 Zenkichi Nozaki ................. 4461356
3,588,249 6(1971 Studebaker .......................... 356/4.08
3,612,700 10/1971 Nelson ................................. 356/153
3,631.601 1/1972 McNulty .............................. 356/1.:i3
3,771,876 11/1973 Ljungdah et al. ................... 356/138
3,775, 929 12/1973 Roodvoets ct al ........... ....... 52n47.1
3,815,250 6/1974 Roodvoets et al. .................... 33/286
3,897,637 8/1975 Oenho .................................. 356/138
3,907,435 9/1975 Roodvoets ... .................. ...... 356/153
4,142,798 3/1979 Barbee, Jr ........ .................... 356/138
4,183,667 1/1980 Denton ................................. 356!250
4,338, 728 7/1982 Valead ................................... . 33/406
4,679,937 7/1987 Cain et al. ........ .............. ..... 356/138
4,718.171 1/1988 Schlemmer et al. ........... ........ 33/290
11111111111111 111111111111111111 lllllllllllllllllllllllllllllllllllllllllll
US006256895Bl
(10) Patent No.: US 6,256,895 Bl
Jul. 10, 2001 (45) Date of Patent:
4,757,616 7/1988 Hills ....................................... 33/488
4,854,704 8/1989 Funazaki et al ............ ......... 356/250
4,891,888 1/1990 Maria De Bree et al. .......... .. 33/293
4,899,452 2/1990 Schafer ..................... ............. 33/296
5,038,493 8/1991 SU.bs ...................................... 33/809
5,212,889 5/1993 lyoen ..................................... 33/286
5,272,814 12/1993 Key ........................................ 33/290
5,317,813 6/1994 Reed ...................................... 33/809
5,359,781 11/1994 Melville ................................. 33/286
5,461,793 10/1995 Melville ................................. 33/286
5,533,268 7/1996 Keightley ..................... .......... 33/290
5,539,990 7/1996 Le .......... ................................ 33/283
5,566,459 10/1996 Breda ........ ............................. 33/290
5,621,531 4/1997 Van Andel et al .......... ........ 3561399
5,653,415 8/1997 Schworer .. ....................... .. .., 33/493
5,819,424 10/1998 Ohtomo et al .................... ..... 33/290
5,872,657 2/1999 Rondo .................................... 33/286
OTHER PUBUC.ATIONS
Laser slide, "Momenrum Laser", No date.
cited by examiner
Primary Examiner-Diego Gutierrez
Assistanr Examiner-Quyen Daon
(74) Attorney, Agent, or Finn-Hughes & Schacht, P.S.;
Robert B. Hughes; Michael R. Schacht
(57) ABSTRACT
A leveling assembly to establish elevations in a building
strucrure for installing cabinets, bookshelves, counrertops,
etc. There is a telescoping mounting post adapted to be
positioned in bearing engagement between a floor surface
and the top of a doorway, ceiling or other upper surface . A
laser that transmits a horizontal laser beam is mounted to a
mounting device that can be moved to di!Ierent positions
along the length of the pas:. Locking devices hold the laser
mounting device in place, and also properly position the post
to be in firm engagement with its bearing surfaces. The laser
mounting device can be swung to upper and lower positions.
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Jul. 10, 2001 Sheet 5 of 8
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Jul. 10, 2001
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US 6,256,895 Bl
1
lASER LEVELING SYSTEM, APPARATUS
CONSTRUCT ON
2
This Appln claims the benefit of Provisional No. 60/070, S
765 tiled Jan. 8, 1998.
U.S. Pat. No. 4,718,171 (Schlemmer) shows a rotating
laser beam system in which the laser beam is projected onto
a staid which is provided with optical sensors 7 that provide
an indication of height displayed in an output 3. This also is
mounted to a tripod.
U.S. Pat. No. 3,588,249 (Studebaker) shows a right angle
rotating light directing means such as a mirror or pentaprism
82. The light directing means is mounted on a rotating
hollow shaft through which a l:J.Ser directs light straight
BACKGROUND OF THE INVENTION
a) Field of the Invention
The present invention relates to a laser leveling system,
apparatus and method particularly adapted for use in con-
struction projects, and more particularly for construction
projects where it is necessary to position a variety of
components of the building structure at various locations
and at specific height locations (e.g. cabinets, bookshelves,
countertops, etc.).
b) Background Art
There are numerous situations in the construction industry
where it is necessary to ascertain elevation locations, and
also to locate various components at precise elevations. This
is 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 is
secured to an easily adjusted leveling means, and it is shown
being mounted to a mobile vehicle and alo;o to a tripod.
U.S. Pat. No. 2,661,653 (Castiglia) shows a light project-
ing device which is provided \vith J. bubble level 6, that
15
allows the device to be J.ligned. The device is provided with
a housing that can be rotated by band to point in any
direction. The light beam is aimed at a target pl-aeeG-on a
floor, and as the target is moved the misalignment of the
floor can be measured. The device of course could be used
20
as is the instant invention to establish alignment 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 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 a
vertical axis while maintaining its horizontal orientation
within close tolerances. Also, a conventional surveyor's
transit will commonly be designed to function as a leveling
instrument. These surveying instruments are usually used to
place the foundation and possibly other elements of the
30
building at the proper location and elevation. Then, as the
more specific components are put into place, other locating
and leveling techniques are commonly used.
The following five patents also relate in general in laser/
optical leveling devices, and deal mostly with improvements
to 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 maker
is installing cabinets, countertops, bookshelves, etc. A com-
mon technique is to use chalk lines where a eleva-
tion is established, such as measuring up a certain distance
from the floor level. Then the countertops, cabinets, and
other components are positioned using this chalk line as a
elevation reference. The chalk line can be positioned by use
of establishing one vertical location, and then using a
carpenter's level to align the chalk line horizontally. Another
method is simply to establish two vertical locations inde-
pendently (e.g. by measuring ascertain distance up from the
floor level at different locations), then making elevation
marks, and stringing the chalk line berween the marks.
For a number of decades, optical tooling has been used to
establish locations and also elevations. Within more recent
years, laser instruments have been utilized for this purpose.
A search of the patent literature disclosed various concepts
relating to the use of laser instruments in establishing
elevations and performing other functions. These are as
follows:
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To the best knowledge of the applicJ.nt herein, while various
precision 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 the
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construction industry where it is required to establish height
elevations within reasonably close tolerances do not employ
these types of instruments. Rather, the use of chalk lines,
carpenter levels, tape measurers (measuring a vertical dis-
tance from a base location), etc. continue to be commonly
45
used.
A typical instance is where a skilled carpenter or cabinet
maker is installing cabinets, countertops, bookshelves and
other articles. In large part, the more sophisticated leveling
instruments that have been available for many decades or
50
centuries as well as the more recent optical/laser leveling
systems, which have been available for many years, carpen-
ters and cabinet makers in large part still rely on the simpler
methods as indicated above (plumb lines, leveling
instruments, meJ.suring from floor level, etc.).
U.S. Pat. No. 5,566,459 (Breda) shows a laser sighting
55
device in a housing provided with spirit levels so that the
device can be leveled and aligned. There are optical ele-
ments provided so that a beam can be projected in the
desired path.
Accordingly, it is an object of the present invention to
provide a system, apparatus and method which incorporates
a laser instrument where there is a balance of desirable
features which makes it particularly convenient, "user-
friendly", and efficient, and also a system where the set-up
U.S. Pat. No. 5,533,268 (Keightley) shows a laser sight-
ing device that "draws" a line in both a horizontal and
vertical path for use in compound surfaces such as large
chemical reaction chambers. The mirror is adjusted in two
60
J.nd use at various locations can be accomplished quickly
and easily.
planes as it rotates.
U.S. Pat. No. 5,272,834 (Key) shows a surveying device 65
which is mounted to a tripod and in which the user can
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 is
used to establish height locations at selected locations, and
it is particularly adapted for use at a location where there is
US 6,256,895 Bl
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a lower upwardly facing support surface and an upper
downwardly facing bearing surface, such as a building
strucrure having a floor support surface, and an upper
bearing surface, such as an upper section of a doorway, a
ceiling or an upper panel or member.
The laser assembly comprises a laser instrument to trans-
mit a horizontally directed laser beam at laterally spaced
locations to indicate a selected elevation or elevations at
such spaced locations.
There is a mounting post having a longirudinal axis. This
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post comprises a lower contact end arranged to engage the
lower support surface to establish a lower mounting location
for the post. The post further comprises an upper contact end
portion arranged to engage the upper bearing surface to
establish an upper mounting location for the post so that the
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post can be positioned between the upper and lower loca-
tions so as to have a substantial vertical alignment compo-
nent. Also, the mounting post provides a guideway extend-
ing ala ng the longirudinal axis.
There is an instrument mounting device mounted to the ::o
post for movement along the guideway to a selected height
position or positions. The mounting device is arranged to
support the instrument in an operating position where the
instrument can transmit the laser beam toward laterally
spaced locations. 25
In 11 pn:ferred form, one of the contact ends of the post is
longirudinally adjustable so that the contact ends can be
moved toward and away from one another. More
particularly, in the preferred form the post comprises a first
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elongate post section connecting to the first contact end
portion, arid a second post section telescopically engaging
the first post section and having the upper contact end.
The mounting device in the preferred form comprises a
post engaging portion arranged to be fixedly positioned to
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the post and arranged to be able to move along the guideway
of the post. There is an instrument mounting portion
arranged to mount the instrument in its operating position.
There is also an intermediate mounting portion connecting
the post engaging portion and the instrument mounting
40
portion.
In the preferred form, the intermediate mounting portion
4
mounting device has a height indicating device positioned to
enable height location of the mounting device to be deter-
mined. In a preferred form, the elevation indicating portion
bas indicia increasing from a lower location to an upper
location to indicate distance from a lower location, and also
indicia increasing from an upper location toward a lower
location to indicate distance from the upper location to the
lower location.
The mounting device in a preferred form comprises a post
engaging portion extending at least partially around the post,
and providing a height indication device positioned adjacent
to the distance indicating portion. More specifically, the
height indicating device is mounted so as to be vertic:illy
adjustable relative to the post engaging portion. More
specifically, said height indicating device comprises a ver-
tically moveable transparent member with a height indicator
thereon.
There is a post locking and stabilizing device comprising
a threaded rotatable member which is mounted to the post
and which can be rotated into and out of locking engagement
to insert a lateral force relative to said telescoping members
when in locking engagement. The assembly further com-
prises an instrument mounting locking device which oper-
ably engages the mounting device and the post and which
comprises a rotatable threaded member to come into locking
engagement between said instrument mounting device and
said post.
In the method of the present invention, the assembly as
recited above is employed. The laser instrument is mounted
to the instrument mounting device which in rum is mounted
to the post. The post is positioned so that the lower contact
end of the post engages a lower support surface, and an
upper contact end portion of the post engages the upper
bearing surface so that the post is positioned between the
upper and lower locations w as to have a substantial vertical
alignment component, \vi th the post providing a guideway
extending the longitudinal axis.
The laser instrument is placed at the proper location on the
post, and the laser instrument is then operated to direct a
laser beam toward the location (e.g. a wall) where the
elevation is to be established. Then the mounting device can
be raised or lowered, placed in upper or lower locations
relative to the mounting device, and adjustments made to
facilitate the directing of the laser beam to the appropriate
is arranged so that the instrument mounting portion can be
located at different vertical locations relative to the post
engaging portion.
45
height location.
In a preferred embodiment, the intermediate mounting
portion comprises a support arm rotatably mounted so as to
be able to rotate between an upper arm position to support
the instrument mounting portion in an upper location and a
lower arm location to support the instrument mounting 50
portion at a lower location. More specifically, the interme-
diate mounting portion comprises a laterally extending offset
mounting member to locate the instrument mounting portion
at a location spaced laterally from the mounting post so that
the instrument mounting portion would be able to move 55
clear of an object located closely adjacent to the mounting
post.
In a specific form, the intermediate mounting portion
comprises a vertically oriented mounting member to be able
to support said instrument mounting portion at height loca- 60
tions spaced laterally from the post engaging portion. The
verticnlly oriented mounting portion is adjustable so as to be
able to position the instrument mounting portion either
above or below the elevation of the post engaging portion.
As a further feature, the mounting post has an elevation 65
indicating portion positioned along the longitudinal axis of
the post to indicate vertical location relative to the post. The
Other features of the present invention \vill become
apparent from the following detailed description.
BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is an isometric view sho\ving the present invention,
installed n a doorway, being used to position some kitchen
cabinets;
FIG. 2 is a side elevationa! view of the apparatus of the
present invention, installed in a doorway of a building, and
showing the laser leveling instrument positioned at an upper
location and also a lower location;
FIG. 3 is a front elevational view of the appararus, as
shown in FIG. 1;
FIG. 4 is a side elevational view, drawn to an enlarged
scale, sbowing the laser leveling apparatus in an inverted
lower position;
scale showing a laser leveling instrument in a non-inverted
lower position;
scale, showing the laser leveling instrument in the upper
position, as shown in FIG. 2 (top part);
US 6,256,895 Bl
5
FIG. 7 is a cross-sectional view taken along line 8--8 of
FIG. 6, but showing ollly the mounting sleeve of the laser
instrument mounting section;
FIG. 8 is a sectional view similar to FIG. 7 showing the
slide member;
FIG. 9 is a sectional view taken along line 8--8 of FIG.
S illustrating the locking and alignment mechanism between
the main post and inner-telescoping member of the post
section; and
10
FIG. 10 is a view similar to FIG. 5, but showing the laser
instrument mounted in an upright position, with the mount-
ing device in its lower position;
FIG. 11 is a rear elevational view drawn to an elllarged
scale, showing the post mounting portion of the laser mount-
1
5
ing section.
FIG. 12 is a cross-sectional view of the post at the location
of the post locking mechanism;
FIG. l3 is a cross-sectional viewoftbe post at the location
of the locking mechanism for the laser mounting instrument; 20
FIG. 14 is an isometric view of an insert shown in section
in FIG. 13.
6
or rulers) having length markings thereon (either inches
marked in increments of a quarter inch, an eighth inch, etc.,
in the metric system, or both). One scale 48 reads upwardly
from the lloor as a zero location, with the length designa-
tions increasing in ao upward din:ctioo, and the other length
marking member 48 has the markings increasing in leogth-
wise dimension from an upward location (the latter being
used when ooe is measuring down from a ceiling location or
other upper refereoce plane).
With refereoce to FIG. 6, it can be seen that the telescop-
ing post member 40 engages at its upper end the upper
contolct end 28 which is shown herein as a moderately
llexible tubber or plastic electrically insulating pad being
moderately compressible and having a sufficiently high
coefficient of friction to reliably engage the upper surface 25
of the upper door member 24 or other member or componeot
(e.g. a ceiling of a room) which is to engage .the. .upper
contact end 28. In operatioo, when the post sectioo 16 is
mounted in its upright operating position, the post section 14
is (as shown in FIGS. 1-3) placed in a location such as a
doorway, so as to be substantially vertically aligned. Then
the upper telescoping member 40 is moved upwardly to
press the upper contact end 28 against the downwardly
facing upper surface 25 after which a post stabilizing and
DESCRIPTION OF THE PREFERRED
EMBODIMENT
With reference initially to FIGS. 1,2 and 3 the apparatus
10 of the present invention is shown mounted in a doorway
12 in its operating position. This apparatus 10 comprises a
post section 14, a laser mounting section 16, and a laser
25 locking member 50 (FIGS. 6 and 9) is operated by turning
the haodle 52 of the member 50 so as to lock the maio post
38 and the telescopiog member 40 together in the positions
so that the post section 14 is securely positioned between the
instrument 18. 30
In FIGS. 1- 3, there is shown the floor 20 having an
upwardly 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 cross
sectional configuration and defines an elongate slot 54
extending along the entire length of the member 40. This slot
54 bas a ''T" shape, so that the rear end of the slot has an
24 having a downwardly facing bearing surface 25. The post
section has a lower contact end 26 pressing against the floor
surface 22, and an upper contact end 28 pressing upwardly
against the bearing surface 25 of the upper doorway member
24. In the position of FIGS. 1-2, the post sectioo 14 is held
securely in vertical alignmeot between the surfaces 22 and
25.
35
expanded slot portion 56 and a necked down portion 58, so
as to have a "T' shaped cross section. The locking member
comprises a plastic insert 60, about six inches long and
having a uniform "T' shaped cross section so that it fits
snugly within the slot 54.
40
The aforementioned locking knob 52 connects to a
threaded bolt member 62 which in turn fits in a threaded bore
in the insert 60. The knob 52 is rotated to cause the threaded
bolt member 62 to draw the insert 60 laterally so that it
presses the telescoping member 40 firmly against the inside
The mounting section 16 and the laser instrument 18 are
shown iu FIGS. 2 and 3 in both a lower and an upper
position (it being understood that normally there would be
only one mounting section 16 and one laser instrument 18 in
45
surface of the sidewall 44 of the main post 38. Then when
it is desired to move the telescoping member 40, the knob 52
is rotated in the opposite direction to loosen the clamping
insert 60 and permit slide movement of the telescoping post
member 40.
the apparatus 10). The mounting section 16 comprises a post
engaging portion 30, and a laser mounting portion 32. The
laser mounting portion 32 in turn can be coosidered to
comprise a laser platform member 34 by which the laser
instrument 18 is mouoted, and an intermediate mounting
portion 36 which interconnects the laser platform member
50
34 with the post engaging portion 30.
The post engaging portion 30 is slide mounted to the post
section 16 and can be moved to various selected locations
along the length of the post sections 14. To describe the post
section 14 in more detail, this post section 14 comprises a ss
main post38 and an inner-telescoping post member 40, slide
mounted within the main post 38. The aforementioned
contact end 26 is at the lower end of the main post 38, and
this contact end 26 can conveniently be provided as a.
relatively hard rubber or plastic electrically insulating pad 60
having a high coefficient of friction so that it reliabl y
engnges the floor surface 22.
A:; shown in FIG. 7, the main post 38 has a square
configuration, having a front wall 42, rear
wall 44 and two sidewalls 46. The rear wall 44 is slightly 65
recessed so as to form two shallow vertically extending
and there are two scales 48 (i.e. measuring tapes
As indicated previously, the mounting section 16 com-
prises the post engaging portion 30 and the laser mounting
portion 32. To describe the post engaging portion 30 in more
detail, reference will now be made to FIGS. 8 and 11
In FIG. 8, it can be seen ihat the post engaging portion 30
comprises a slide member 63 having a vertical dimension of
about five inches and a square cross sectional configuration
with rounded comer portions. The main post 38 functions as
a guide way (or slide way) for the post engaging portion 30.
The post engagiog portion 30 comprises a front wall 64, a
rearwall66 aod two side walls 68. Mouoted to one side wall
68 is a locking device 70 (See FIGS. 4, 7 and 10) which
comprises a koob 72 connected to a bolt 74 that is in tum
threaded into a block 76 welded or otherwise secured to the
side wall 68. The contact end of the holt 74 has a hard ruhher
surface or other non-scoring material which bears against
the side wall 46 of the main post 38. By rotating the knob
70, the bol t 74 moves inwardly to press against the side wall
US 6,256,895 Bl
7
46 of the maio post 38 and hold the post engaging portion
30 in a fi.""<ed location relative to the main post 38.
The rear wall 66 of the slide member 63 is provided with
a cut-out 80 (seo; FIGS. 8 and 11) to provide a window
through which the operator can observe the height markings s
on the scales 48. A rectangular clear plastic plate 82 is
positioned in a shallow recess 84 formed io the rear wall 66,
and extending the entire length thereof and this clear plastic
piece 82 has a horizontal reference lino; 86 which can be
adjusted upwardly and downwardly by moving the clear
10
plastic plate 82 either upwardly or downwardly.
To bold the plate 82 in place, there is provided a locking
member 88 comprising a rotatable knob 90 connected to a
threaded bolt member 92 that extends through an elongate
slot 94 (see FIG. 10) formed io the clear plastic member 82,
15
and into a threaded retaining socket in the member 63. By
rotating the knob 90 to an unlocking position, the clear plate
82 can be adjusted upwardly or downwardly so as to
properly locate the reference line 86 relative to the height
location markings 48. When the clear plastic member 82 is
20
at the desired location, then it can be locked in that position
by rotating the knob 98 inwardly to engage the plastic
member 82 and press it against the rear wall 66 of the
mounting member 30. The plastic member 82 can be
adjusted to place the reference line 86 at a desired reference
25
location so that the person using the apparatus 12 is able to
"fine tune" the reading of the elevation of the reference beam
from the laser 18.
8
As indicated previously, the laser instrument 18 is, or may
be, of a conventional design. The instrument 18 is provided
with a suitable base structure indicated schematically at 118,
where there is shown a single adjusting knob 130. This base
128 is provided with an adjustable leveling mechanism, such
as that provided in a cooventio nal surveyor's trartsit or
leveling device, where there arc leveling bubbles oriented to
right angles to one another, and the instrument 18 can be
adjusted 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 tho; beam to
move laterally and scan a wide angular area.
To qescribe the operation of the present invention, let us
take a typical example where there is a house under
construction, and the construction process bas progressed to
where there is a bare wood floor, and the drywall of most of
the room has been put io place. The next step is for ~ s k i l l e d
carpenter to place various built-in cabinets, countertops,
shelves, etc. The doorways have been constructed, but the
doors have not yet been hung.
Let us assume that one of the first tasks for the carpenter
is to install the built-in cupboards and couotertops in the
desirable countertop height of thirty six inches above the
floor.
The apparatus 10 initially has the pole section 14 in its
fully contracted section, where the telescoping post member
40 is fully retracted so that the overall length of the post
section 14 is somewhat less than the height of a cooveotiooal To 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 and
ao intermediate mounting portion 36. The laser mounting
platform 34 comprises an "L" shaped plate member com-
prising a horizontal plate portion 98 and a vertical plate
portion 100, joined to one another io the "L" shaped
configuration. The laser instrument 18 is, or may be, of
conventional design, and it can be removably bolted or
otherwise connected to the laser platform member 34.
30
doorway (e.g. about eighty inches). The lower contact end
26 is positioned against the floor surface 22 beneath the
upper door member 24, and the upper end portion 28 is
pressed upwardly against the downwardly facing surface 25
of the upper door member 24. Then the locking knob 52 is
The intermediate mounting portion 36 comprises first a
laterally extending rectangular member 102 having its rear
end welded or otherwise joined to the front wall 64 of the
post engaging mounting portion 30. At the forward vertical
surface 104 of the plate member 102 there is a pair of
cylindrical pockets or recesses 106, each of which receives
a locating pin 108. The locating pin 108 also fits within
matching recesses in a vertical plate 110 of an "L" shaped
member 112 which also comprises lateral plate 114. The
horizontal plate 114 connects to tho; horizontal plate 98 of the
laser platform member 34.
35
rotated to cause tho; insert 60 to move so as to press the upper
telescoping member 40 against the inside surface of the side
wall 46 of the main post 38.
The next step is to position the laser instrument 18 at the
desired height. This is accomplished by moving the locking
40
knob 72 to a release position so that tho; post engaging
portion 30 can be moved along the maio post 38 (which
functions as a guideway) to the proper elevation. The
locking knob 72 is rotated into locking engagement; the
laser instrument is adjusted so as to be in a horizontal
45
position, and the laser instrument 18 is activated to cause it
to direct its beam laterally against its surrounding wall
surfaces.
Usually, the carpenter can mako; a fairly close approxi-
mation of the proper level of the laser instrument 18 by
50 moving the post eo gaging member 30 to its desired position
by using the reference line 86 so that this line 86 is at the
desired height elevation. Then an up or down adjustment can
be made as needed.
1l1e mounting member 112 is held securely to the plate
108 by connecting member 116 comprising a rotatable
handle 118 that is in tum connected to a bolt member 120
that fits in a matching threaded socket 122 in the mounting
plate 108. By rotating the knob 118 inwardly, the bearing
surface of the knob 118 bears against the plate member 110 55
to press it firmly against the forward surface 104 of the plate
102.
. It sometimes happens that the floor of the room may be
slanted to a small extent. In this instance, the carpenter
installing the cabinet may want to make allowance for this
by inserting shims or other leveling devices to bring the
cabinet to a horizontal alignment within closer tolerances.
Let us assume that the carpenter has measured up a certain
1l1e mounting section 16 is arranged so that the "L"
shaped intermediate mounting member 112 can be inverted
to the position of FIG. 4 simply by loosening the locking
member 118 to its release position, and then inverting the
intermediate member 112 from the positioo of FIG. 5 to the
position of FIG. 3, and again rt:locking the member 112 in
place. At the same time, the laser platform member 34 can
60 height from the floor and has ascertained the target level for
the countertop. The workman will then make a final adjust-
ment to the mounting section 16, moving it a short distance
upwardly or downwardly so that the laser beam is at
precisely the proper height elevation.
be moved to the opposite side of the horizontal plate 114, as 65
shown in FIG. 4, so as to properly position the laser
instrument 11! in an uprigh: position.
A typical instrument which could bo; used in the present
invention which in one made by MOMENTOM LASER.
This instrument transmits a beam which ha.<; a vertical
US 6,256,895 Bl
9
thickness dimension of about ';i inch, and is sufficiently
bright to be readily observable in most all building interiors.
The beam scans along the wall, and it is a very simple matter
to match tbe height of the beam to a marking on the wall,
am.l/or place the marking at the appropriate place where the
laser strikes the wall.
In this particular instrument, the laser beam makes an
entire scan of the wall surface about 200 times per minute.
Accordingly, the carpenter has a substantially constant ref-
erence line, accurately located and easily readable. Then the
carpenter proceeds with the work of properly positioning the
cabinets and couotertops to the proper location and then
completing the installation.
In some instances, a nearby doorway is not available, so
that the apparatus 10 need to be installed so as to reach from
the floor surface 22 to a ceiliog surface. The apparatus 10 is
arranged so that the inner-telescoping section 40 can be
extended out to almost seventy inches beyond the more
normal eighty inch length dimension that would be expected
in doorways. This extension is accomplished as indicated
above by moving the telescoping section 40 upwardly so
that the upper bearing end 28 comes into engagement with
the ceiling, and then operating the locking mechanism SO to
maintain the pole section 14 in its operating position.
It will be noted, with reference to FIG.1 that the mounting
section 16 is arranged so that the mouoting member 112 and
the laser instrument 18 are spaced laterally from the post
section 14 is a sufficient distance so that the laser instrument
10
The post section of 38a bas a square tubular cross-
sectional configuration, and like\vise the inner post section
40a bas a matching square cross-sectional configuration.
The outer wall of the inner telescoping member 40a is
spaced a short distance inwardly from the inner wall of the
outer telescoping section 3Sa leaving a small width gap 1.50.
A plurality of pads 1.52 are positioned between the members
38a 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 rotating
the handle S2a, the inner tube section 40a can be locked in
place. The bolt 62a is at a 45 degree angle to the adjacent
sidewalk and leans against a matching flattened and concave
edge portion.
15
FIG. 13 is a cross-sectional view taken at the location of
the mounting section 18 on the post section 40a. More
particularly, this section is taken at the location of the
locking mechanism 70a of the post engaging seetintr30a.
There is a handle 32a attached to a bolt 14a which in tum
~
0
engages a elongate insert 154 (shown in FIG. 14). This insert
154 has a bearing face 156 and top and lower protruding
members 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 matching
bearing surface 162 wb.ich is al_igned at 45 degrees from the
two adjacent wall sections of the post section 40a, this
bearing surface 162 comprising a flattened edge corner
18 can be positioned at an elevation above the bearing
30
surface 25 when the post 14 is mounted in the doorway. (See
FIG. 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 bearing
end of the bolt 14a to engage the insert 154 to press the
bearing surface 156 into engagement with the bearing sur-
face 162 to hold the post engaging portion 30a securely in
place. Pads 164 arc provided to provide for proper sliding
at a very low level adjacent to the lloor surface 22, as
indica ted in FIG. 4, the intermediate mounting member 112
can be inverted, and the laser platform 34 can be placed at
what now becomes the upper surface of the borizootal plate
114, as shown in FIG. 10.
From time to time, it may be desired to make small
adjustments in the height of the laser instrument 18. For
example, the carpenter may make a measurement on tbe wall
and desire to move the reference level up by % of an inch.
In tb.is instance, the carpenter could observe the present
location of the reference line 86, make a simple calculation
to find the desired elevation, and then move the mounting
section 16 up until the reference line 86 matches the proper
calculated measurement. After that, the carpenter may wish
to make a further adjustment by simply moving the clear
plastic plate 82 itself so as to move the reference line 1:!6 to
an elevation marking that corresponds exactly to the desired
reference elevation on the wall. For example, the floor
location where the apparatus 10 is positioned may be a slight
distance bdow what is desired. Yet, tbt: carpenter wants to
set the reference line 86 so that it is at the dimension which
corresponds with the height dimension at the actual instal-
lation location adjacent to the wall. This can be done by
simple 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 present
invention. Components of the second embodiment which are
similar to the first embodiment will be given like numerical
designations, with an "a" designation distinguishing those of
the second embodiment.
3
5 engagement, and also to securely bold the post engaging
portion 30a in place.
It is to be recognized that various modifications could be
made to the present invention without departing from tbe
basic teachings thereof. For example, the cross-sectional
40 configurations in relative positioning of the main post38 and
the extendible member 40 could be modified to different
cross-sectional configurations and relative positions. For
example, the components could be made as an I beam
section, matching S sections or U sections, etc. Further, the
45 precise means of making the vertical extensions could be
modified, such as by placing a screw jack member adjacent
to the bottom portion of the post. While the post engaging
member 30 is shown as having a slide mount where it
encloses the post 38, this could be made more in the form of
so a wheeled member that travels up and down a post having
a more rail-like structure. Further, the intermediate mount-
ing members could have different adjustments, both vertical
and angular added thereto. It is to be recogni7..ed that such
modifications are intended to be included within the broader
ss scope of the present invention.
What is claimed is:
1. A laser leveling assembly to establish height locations
at selected locations, and adapted for use at a location where
there is a lower upwardly facing support surface and an
60 upper downwardly facing bearing surface, such as a building
structure having a tloor support surface and an upper bearing
surface, such as an upper section of a doorway, a ceiling or
an upper panel or member, said assembly comprising: FIG. U is a cross-sectional view of the post 14a showing
the two telescoping post sections 3Ra and 40a and the post
locking mechanism 50a, and fiG. 13 is a cross-sectional 65
view through the post 14a where the locking mechanism 70a
a) a laser instrument to transmit a hori7..ontally directed
laser beam at laterally spaced locations to indicate a
selected elevation or elevations at such spaced loca-
is located. tions;
US 6,256,895 Bl
11
b) a mounting post having a longitudinal axis and com-
prising:
12
cross-section, and at least one of a longitudinal edge
portlDn of the first post section and an adjacent longitudinal
edge portion of the second post section comprises a llattened
edge surface portion, said assembly further comprising a
i. a lower contact end portion arranged to engage said
lower support surface to establish a lower mounting
location for said post;
ii. an upper contact end portion arranged to engage said
upper bearing surface to establish an upper mounting
location for said post so that the post can be posi-
tioned between the upper and lower locations so as
s post locking section comprising a thread mounted locking
member which can be rotated into and out of locking
engagement between said first and second post sections and
coming into engagement with the flattened surface portion.
to have a vertical alignment component;
iii. said mounting post providing a guideway extending
10
along said longitudinal axis; wherein
iv. an effective length of the post is changed to accom-
modate different distances between the first and
second fixed surfaces;
11. The assembly as recited in claim 10, wherein there is
an instrument mounting locking device comprising a rotat-
able threaded locking member in operative engagement
between the instrument mounting device and the post, so as
to be rotatable to come into locking engagement between the
instrument mounting device and the post.
U . The assembly as recited in claim 1, wherein said
mounting post has an elevation indicating portion extending
along the longitudinal axis of the post to indicate vertical
location relative to the post, said mounting baving a
height indicating device positioned to enable height location
c) an instrument mounting device mounted to said post for
15
movement along said guideway to a selected height
position or positions, and arranged to support said
instrument in an operating position where the instru-
ment can transmit said laser beam toward laterally
spaced locations. 20
of the mounting device to be determined.
2. The assembly as red ted in claim 1, where at least one
of said contact ends is longitudinally adjustable so that the
contact ends can be moved toward and away from one
another.
3. The assembly as recited in claim 1, wherein said post 25
comprises a first elongate post section having said lower
coot act end portion, and a second post section telescopically
engaging said first post section and having said upper
contact end portion.
4. The assembly as recited in claim 3, wherein said
30
mounting device comprises:
i. a post engaging portion arranged to be fixedly posi-
tioned to the post and arranged to be able to move along
said guideway of the post;
ii. an instrument mounting portion arranged to mount the 35
instrument in its operating position;
iii. an intermediate mounting portion connecting said post
engaging portion and said instrument mounting por-
tion.
5. The assembly as recited in claim 4, wherein said 40
intermediate mounting portion is arranged so that said
instrument mounting portion can be located at different
vertical locations relative to said post engaging portion.
intermediate mounting portion comprises a support arm 45
rotatably mounted so as to be able to rotate between an upper
arm position to support said instrument mounting portion in
an upper location and a lower arm location to support said
instrument mounting portion at a lower location.
7. The assembly as recited in claim 4, wherein said 50
intermediate mounting portion comprises a laterally extend-
ing offset mounting portion to locate the instrument mount-
ing portion at a location spaced laterally from said mounting
post so that the intermediate mounting portion would be able
to move clear of an object located closely adjacent to said 55
mounting post.
intermediate mounting portion comprises a vertically ori -
ented mounting portion to be able to support said instrument
mounting portion at height locations spaced vertically from 60
the post engaging portion.
vertically oriented mounting portion is adjustable so as to be
above or below the elevation of the post engaging portion. 65
10. A The assembl y as recited in claim 3, wherein sai d
first and post secti(J ns each has a generally rectan-
elevation indicating portion bas indicia increasing from a
lower location to an upper location to indicate distance from
a lower surface location, and also indicia increasing from an
upper location toward a lower location to indicate distance
from the upper location to the lower location.
14. The assembly as recited in claim ll, wherein said
mounting device comprises a post engaging portion extend-
ing at least partially around said post, and having said height
indicating device positioned adjacent to the elevation indi-
cating portion.
height indicating device is mounted so as to be vertically
adjustable relative to said post engaging portion.
height indicating device comprises a vertically movable
transparent member with a height indicator thereon.
mounting post comprises a first telescoping member and a
second telescoping member mounted within said first tele-
scoping member, said assembly further comprising a post
locking and stabilizing device comprising a rotatable
threaded member which is mounted to said post and which
can be rotated into and out of locking engagement to exert
a lateral force relative to said telescoping members when in
locking engagement, said assembly further comprising a
mounting locking device which operably engages said
mounting device and said post and which comprises a
rotatably thn:aded member to come into locking engagement
between said instrument mounting device and said post.
18. Method to establish height locations at selective
locations, and adapted to be employed at a location where
there is a lower upwardly facing support surface and upper
structure having a floor support surface and an upper bearing
surface, such as an upper of a doorway, a ceiling or
an upper panel or member, said method comprising:
a) mounting a laser instrument to an instrument mounting
device and mounting the mounting device to a mount-
ing post having a longitudinal axis;
b) placing a lower contact end of said post to engage said
location for said post means;
c) arranging an upper contact end portion of the post such
that the post is substantially vertical and extending the
effective length of the the post such that the upper
contact end portion of said poM engages said upper
US 6,256,895 B1
13
bearing surface to establish an upper mounting location
for said post so that the post is positioned between the
upper and lower locations so as to have a substantial
vertical alignment component. with said mounting post
providing a guideway extending along said longitudi-
nal axis;
d) positioning said instrument mounting device along said
guideway to a selected height position or positions,
with said instrument in an operating position;
c) operating said laser instrument to transmit a laser beam
10
at a laterally spaced location or locations to indicate a
selected elevation or elevations at such location or
locations.
19. The method as recited in claim 18, wherein said
intermediate mounting portion is arranged so that said
instrument mounting portion can be located at different
15
vertical locations relative to a post engaging portion where
the instrument mounting device is mounted to the post, said
method comprising rotating said mounting portion to an
upper or lower location so that said laser instrument can
operate at positions both above and below the location at zo
which the instrument mounting portion is engaging the post.
20. A leveling assembly adapted to be used with a laser
instrument to establish height locations at selected locations.
and adapted for use at a location where there is a lower
upwardly facing support surface and an upper downwardly 25
facing bearing surface, such as a building structure having a
floor support surface and an upper bearing surface, such as
an upper section of a doorway, a ceiling or an upper panel
or member, said assembly comprising:
a) a mounting post having a longitudinal axis and com- 30
prising:
i. a lower contact end arranged to engage said lower
support surface to establish a lower mounting loca-
tion for said post;
ii. an upper contact end portion arranged to engage said 35
upper bearing surface to estab !ish an upper mounting
location for said post so that the post can be posi-
tioned between the upper and lower location so as to
have a substantial vertical alignment component;
iii. said mounting post providing a guideway extending
40
along said longitudinal axis; and
iv. an effective length of the post is changed to accom-
modate different distances between the floor support
surface and the upper bearing surface;
b) ao instrument mounting device mounted to said post 45
for movement along said guideway to a selected height
position or positions, and having a laser instrument
supporting portion to support said instrument io ao
operating position where the laser instrument is able to
transmit a horizontally directed laser beam at a laterally so
spaced location to indicate a selected elevation or
elevations at such location or locations.
14
upper bearing surfa<:e to establish an upper mounting
iii. said post being arranged so that the upper and lower
conta<:t end portions are extended or retracted with
respect to one another so that the post can be
positioned between the upper and lower locations so
as to have a substantial vertical alignment
component, and so that the upper and lower contact
end portions can be positioned in engagement with
the upper bearing surface and the lower support
surface to hold the post between the upper and lower
locations;
iv. said mounting post providing a guideway extending
along said longitudinal axis; and
v. an effective length of the post is changed to accom-
modate different distances between the f l o p r ~ p o r t
b) an instrument mounting device mounted to said post
for movement along said guideway to a selected beight
ment can transmit said laser beam toward laterally
spaced locations.
22. A method to establish height locations at selected
locations, and adapted to be employed at a location where
there is a lower upwardly facing support surface and upper
structure having a floor support surface and an upper bearing
an upper panel or member. said method comprising:
a) mounting a laser instrument to ao instrument mounting
device and mounting the mounting device to a post
having a longitudinal axis, an upper end contact portion
and a lower end contact portion;
b) placing a lower contact cod portion of said post to
engage said lower support surface to establish a lower
mounting location for said post;
c) arranging an upper contact end portion of the post such
that the post is substantially vertical and extending the
effective length of the the post such that the upper
contact end portion of said post engages said upper
bearing surface to establish an upper mounting location
for said post so that the post is positioned between the
upper and lower locations, with said post providing a
guideway extending along said longitudinal axis;
d) positioning said instrument mounting device along said
guideway to a selected height position or positions,
with said instrument in an operating position;
e) operating said laser instrument to transmit a laser beam
at a laterally spaced location or locations to indicate a
selected elevation or elevations at such locatio!:! or
locations.
23. A laser leveling assembly to establish height locations
at selected locations. and adapted for use at a location where
there is a lower upwardly fa<:ing support surface and an
upper downwardly facing bearing surface, such as a building
strucrure having a floor support surface and an upper bearing
21. A laser leveling assembly particularly adapted to
support a laser instrument and function with the laser
instrument to establish height locations at selected locations, 55
by means of a laser beam of the laser instrument, and
adapted for use at a location where there is a lower upwardly
facing support surface and ao upper downwardly facing
bearing surface such as a building structure having a floor
support surface and an upper bearing surface, such as an
upper section of a doorway, a ceiling or an upper panel or
member, said assembly comprising:
60
an upper panel or member, said assembly comprising:
a) a mounting post having a longitudinal axis and <:om-
prising:
i. a lower contact end portion arranged to engage said 65
a) a laser instrument to transmit a horizontally directed
laser beam at laterally spaced locations to indicate a
selected elevation or elevations at such spaced loca-
tions;
b) a mounting post having a longitudinal axis and com-
prising:
US 6,256,895 Bl
15
i. a lower contact end arranged to engage said lower
support surface to establish a lower mounting loca-
tion for said post;
16
28. A leveling assembly as recited in claim 24, in which
the post further comprises a post locking device that fixes the
effective length of the post at a desired length.
upper bearing surface to establish an upper mounting
s the light emitting device is a laser.
the light emitting device comprises a rotating device for
moving the light beam relative to the pole such that the light
beam forms a line on the target surface.
iii. said post being arranged so that the upper and lower
contact end portions are extended or retracted with
respect to one another so that the post can be
positioned between the upper and lower locations so
as to have a substantial vertical alignment
component, and so that the upper and lower contact
end portions can be positioned in engagement with
the upper bearing surface and the lower support
surface to hold the post between the upper and lower
locations;
10
the light emitting device comprises a self-leveling device
that directs the light beam along a substantially horizontal
path.
iv. said mounting post providing a guideway extending
along said longirudinal axis; and
v. an effective length of the post is changed to accom-
modate different distances between the floor support
32. A support assembly for a rotary laser that generates a
light line, where the support assembly supports the rotary
15 laser assembly such that a light line emitted by the rotary
laser establishes a desired reference line on a target surface
and the target surface is adjacent to first and seconcUixed
surfaces, the support assembly comprising:
20
c) an instrument mounting device mounted to said post for
movement along said guide way to a selected height
25
meot can transmit said laser beam toward laterally
spaced locations.
24. A leveling assembly for establishing a desired height
location on a target surface, where the target surface is
adjacent to first and second fixed surfaces, the leveling
30
assembly comprising:
a light emitting instrument adapted to transmit a directed
light beam;
a post having first and second end portions arranged to
engage the first and second fixed surfaces such that a
35
position of the post relative to the first and second fixed
surfaces is substantially fixed, where an effective length
of the post may be changed to accommodate different
distances between the first and second fixed surfaces;
and
an instrument mounting device that engages the post such
that the instrument mounting device may be selectively
fixed to the mounting post at a desired post location;
wherein
40
the light emitting instrument is mounted to the instru-
4
5
ment mounting device such that, when the instru-
ment mounting device is fixed to the mounting post
a post having first and second end portions arranged to
engage the first and second fixed surfaces such that a
position of the post relative to the first and second fixed
surfaces is substantially fixed, where an effective length
of the post may be changed to accommodate different
distances between the first and second fL'<ed surfaces;
and
an instrument mounting device comprising
a mounting portion that engages the post such that the
instrument mounting device m : ~ y be selectively fixed
to the mounting post at a desired post location, and
an intermediate portion that engages the mounting
portion such that the intermediate portion may be
selectively fixed to the mounting portion at a desired
mounting angle; wherein
the rotary laser is mounted to the intermediate por-
tion such that, when the instrument mounting
device is fixed to the mounting post at the desired
post location and the intermediate portion is fixed
to the mounting portion at the desired mounting
angle, the light line emitted by the rotary laser
illuminates the desired reference line on the target
surface.
33. A support assembly as recited in claim 32, in which:
the post defines a longitudinal axis; and
the mounting portion is selectively mounted on the post
such that the instrument may move along the longitu-
dinal axis of the post.
34. A support assembly as recited in claim 33, in which at
least one of the post and the mounting portion defines a slot
that receives a portion of the other of the post and the
mounting portion to allow movement of the instrument
at the desired post location, the light beam illumi-
nates the desired height location on the target sur-
face.
25. A leveling assembly as recited in claim 24, in which:
the post defines a longirudinal axis; and
the instrument mounting device is selectively mounted on
the post such that the instrument may move along the
longitudinal axis of the post.
so mounting device relative to the post along the longitudinal
axis of the post but such that movement of the instrument
mounting device away from the longitudinal axis of the post
is inhibited.
the instrument mounting device comprises a locking device
that allows the position of the instrument mounting device
relative to the post to be selectively fixed.
35. A support assembly as recited in claim 32, in which
55 the post comprises first and second post sections, where the
first post section telescopically engages the second post
27. A leveling assembly as recited in claim 25, in which 60
at least one of the post and the instrument mounting device
defines a slot that rece ives a portion of the other of the post
and the instrument mounting devi<.:e to allow movement o[
the instrument mounting device relative to the post along the
longitudinal axis of the post but such that movement of the 65
ins trument mounting device away from the longitudinal axis
of the post is inhibited.
section.
the post further comprises a post locking device that fixes the
effective length of the post at a desired length.
the post comprises first and second post sections having first
and second longitudinal axes, respectively, where the first
post section engage and moves relative to the second post
section such that the first and second longirudinal axes are
substantially parallel as the effective length of the post is
changed.
US 6,256,895 Bl
17
38. A method of establishing a desired locatiotl Otl a target
surface arranged betweea a support surface and a bearing
surface, the method comprising the steps of:
providing a post having first and second end portions;
arranging the post with tee first end portion engaging the
support surface;
changing an effective length of the post such that the
secotld end portion engages the bearing surface and
fixes the post relative to the target surface;
mounting a light emitting instrument on the post;
operating the light emitting instrument to cause a light
beam to impinge Otl the target surface; and
10
adjusting a location of the light emitting instrument on the
post such that the light beam impinges on the target 15
surface at the desired location.
39. A method as recited in claim 38, further comprising
the step of rot:ning the light emitting instrument such that the
light beam forms a line at the desired locatiotl Otl the target
surface.
40. A method as recited in claim 38, it1 which the step of
mout1ting the light emitting instrument on the post further
comprises the steps of:
providing a mounting assembly;
mo11nting the mounting assembly to the post; and
mo11nting the light emitting instrument on the mollatiag
assembly.
41. A method as recited in claim 40, in which:
20
:s
the step of providing the mounting assembly comprises 30
the steps of:
18
providing first and second mounting members; and
rotatably attaching the first mounting member to the
second mouotiag member;
the step of mounting the mounting assembly to the post
comprises the step of mounting the first mounting
member to the post such that the second mounting
member rotates about a mounting axis relative to the
post; and
the step of mounting the light emitting instrument on the
mounting assembly comprises the step of mounting the
light emitting instrument to the second mounting mem-
ber.
42. A method as recited in claim 38, further comprising
the step of locking the effective length of the post to
maintain the post in contact with the support surface and the
bearing surface. _ ,.. _
43. A method as recited in claim 38, in which:
the step of providing the post comprises the step of
providing first and second post sections, where the first
end portion is defined by the first post section and the
second end portion is defined by the second post
section;
the method further comprising the step of engaging the
first and second post sections together such that the first
and second post sections move relative to each other to
change a distance between the first and second cad
portions and thus the effective length of the post.
* *
EXHIBITB
(12) United States Patent
Akers
(54) lASER LEVELING SYSTEM, APPARATUS
CONSTRUCTION
(76) Inventor: Paul Akers, 3725 Irongate Rd., Suite
105, Bellingham, WA (US) 98226
( ) Notice: Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
This patent is subject to a terminal dis-
claimer.
(21) Appl. No.: 10/080,207
(22) Filed: Feb. 19, 2002
(65)
(63)
(60)
(51)
(52)
(58)
(56)
Prior Publication Data
US 2002/0174552 A1 Nov. 28, 2002
Related U.S. Application Data
Continuation of application No. 09/867,575, filed on May
29, 2001, now abandoned, which is a continuation of appli-
cation No. 09/227,414, filed on Jan. 8, 1999, now Pat. No.
6,256,895.
Provisional application No. 60/070,765, filed on Jan. 8,
1998.
Int. Cl.
7
.. ..... .... .... .............. .. .. .... ........... GOlC 15/00
U.S. Cl . .. .. ...... .... .................. .. .. .... .... 33/286; 33/290
Field of Search ...................... .... 33/281, 285, 286,
33/290, 293, 296, 406, 488, 809, DIG. 21
References Cited
U.S. PATENT DOCUMENTS
2,661,653 A 12/1953 Castiglia
3,190,008 A 6/1965 Weiss
3,277,579 A 10/1966 Murphy .. .. .. ................. 331372
3,328,887 A 7/1967 Wright .. ...................... 331372
3,462,845 A 8/1969 Matthews .. .... .. .. ........ .. 33/286
3,559,336 A 2/1971 Nozaki
3,588,249 A 6/1971 Studebaker
3,612,700 A 10/1971 Nelson
3,631,601 A 1/1972 McNulty
----
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--
111111111111111111111111111111111111111111111111111111111111111111111111111
US006598304B2
DE
GB
JP
JP
JP
(10) Patent No.:
(45) Date of Patent:
US 6,598,304 B2
*Jul. 29, 2003
3,771,876 A 11/1973 Ljungdahl et al.
3,775,929 A 12/1973 Roodvoets et al. .. ......... 33/286
3,815,250 A 6/1974 Roodvoets et al.
3,894,230 A 7/1975 Rorden et al.
3,897,637 A 8/1975 Genho
3,907,435 A 9/1975 Roodvoets
3,982,839 A 9/1976 Schwartz
4,142,798 A 3/1979 Barbee, Jr.
4,183,667 A 1/1980 Denton
4,338,728 A 7/1982 Valead
4,679,937 A 7/1987 Cain et al.
4,718,171 A 1/1988 Schlemmer et al.
4,757,616 A 7/1988 Hills
4,854,704 A 8/1989 Funazaki et al.
4,891,888 A 1/1990 Maria De Bree et al.
4,899,452 A 2/1990 Schafer
4,993,160 A 2/1991 Fraley
(List continued on next page.)
FOREIGN PATENT DOCUMENTS
003505049 A 8/1986
2200385 A 8/1988 . .............. ... 331372
63040809 A 2/1988 .... ............. . 33/281
403090811 A 4/1991
4031337512 A 6/1991
Primary Examiner-Diego Gutierrez
Assistant Examiner-Mirel!ys Jagan
(74) Attorney, Agent, or Firm-Michael R. Schacht;
Schacht Law Office, Inc.
(57) ABSTRACT
A leveling assembly to establish elevations in a building
structure for installing cabinets, bookshelves, countertops,
etc. There is a telescoping mounting post adapted to be
positioned in bearing engagement between a floor surface
and the top of a doorway, ceiling or other upper surface. A
laser that transmits a horizontal laser beam is mounted to a
mounting device that can be moved to different positions
along the length of the post. Locking devices hold the
laser-mounting device in place, and also properly position
the post to be in firm engagement with its bearing surfaces.
The laser-mounting device can be swung to upper and lower
positions.
16 Claims, 8 Drawing Sheets
--><
---- ' -- 20
------ i ----
-- -----....J...-- -- ---
US 6,598,304 B2
Page 2
U.S. PATENT DOCUMENTS 5,621,531 A 4/1997 Van Andel et al.
5,653,415 A 8/1997 Schworer
5,038,493 A 8/1991 Stabs
5,782,003 A 7/1998 Bozzo
5,212,889 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 Rando
5,359,781 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(286
5,533,268 A 7/1996 Keightley
2002/0017028 A1 2(2002 Wishart ..... ...... . ..... ...... 33/286
5,539,990 A 7/1996 Le
5,566,459 A 10/1996 Breda * cited by examiner
U.S. Patent
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FIG. 8
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US 6,598,304 B2
1
LASER LEVELING SYSTEM, APPARATUS
CONSTRUCTION
RELATED REFERENCES 5
This application is a continuation of U.S. Ser. No. 09/867,
575, filed on May. 29, 2001, now abandoned, which is a
continuation 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.
10
Provisional Application Ser. No. 60/070,765, filed on Jan.
08,1998.
BACKGROUND OF THE INVENTION
a) Field of the Invention
15
The present invention relates to a laser leveling system,
apparatus and method particularly adapted for use in con-
struction projects, and more particularly for construction
projects where it is necessary to position a variety of
components of the building structure at various locations 20
and at specific height locations (e.g. cabinets, bookshelves,
countertops, etc.).
b) Background Art
There are numerous situations in the construction industry
where it is necessary to ascertain elevation locations, and 25
also to locate various components at precise elevations. This
is a task that confronts surveyors, carpenters, brick layers,
and others.
The surveyor commonly uses a leveling instrument which
2
chemical reaction chambers. The mirror is adjusted in
two planes as it rotates.
U.S. Pat. No. 5,272,834 (Key) shows a surveying device
which is mounted to a tripod and in which the user can
observe alight beam on the surface of surveyor's rod
14.
U.S. Pat. No. 4,718,171 (Schlemmer) shows a rotating
laser beam system in which the laser beam is projected
onto a staid which is provided with optical sensors 7
that provide an indication of height displayed in an
output 3. This also is mounted to a tripod.
U.S. Pat. No. 3,588,249 (Studebaker) shows a right angle
rotating light directing means such as a mirror or
pentaprism 82. The light directing means is mounted on
a rotating hollow shaft through which a laser directs
light straight upward to the right angle directing means.
The device is secured to an easily adjusted leveling
means, and it is shown being mounted to a mobile
vehicle and also to a tripod.
U.S. Pat. No. 2,661,653 (Castiglia) shows a light project-
ing device which is provided with a bubble level 6, that
allows the device to be aligned. The device is provided
with a housing that can be rotated by hand to point in
any direction. The light beam is aimed at a target placed
on a floor, and as the target is moved the misalignment
of the floor can be measured. The device of course
could be used as is the instant invention to establish
alignment 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 universal
joint, 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 a
30
vertical axis while maintaining its horiwntal orientation
within close tolerances. Also, a conventional surveyor's
transit will commonly be designed to function as a leveling
instrument. These surveying instruments are usually used to
place the foundation and possibly other elements of the
building at the proper location and elevation. Then, as the
more specific components are put into place, other locating
and leveling techniques are commonly used.
The following five patents also relate in general in laser/
35 optical leveling devices, and deal mostly with improvements
to 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 various
precision leveling instruments have been available for many,
A typical example is where a carpenter or cabinet maker
40
is installing cabinets, countertops, bookshelves, etc. A com-
mon technique is to use chalk lines where a vertical eleva-
tion is established, such as measuring up a certain distance
from the floor level. Then the countertops, cabinets, and
other components are positioned using this chalk line as a
elevation 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 the
construction industry where it is required to establish height
elevations within reasonably close tolerances do not employ
of establishing one vertical location, and then using a
carpenter's level to align the chalk line horizontally. Another
method is simply to establish two vertical locations inde-
pendently (e.g. by measuring ascertain distance up from the
floor level at different locations), then making elevation
marks, 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 dis-
tance from a base location), etc. continue to be commonly
used.
For a number of decades, optical tooling has been used to
establish locations and also elevations. Within more recent
years, laser instruments have been utilized for this purpose.
55
A search of the patent literature disclosed various concepts
relating to the use of laser instruments in establishing
elevations and performing other functions. These are as
follows:
U.S. Pat. No. 5,566,459 (Breda) shows a laser sighting
60
device in a housing provided with spirit levels so that
the device can be leveled and aligned. There are optical
elements provided so that a beam can be projected in
the desired path.
U.S. Pat. No. 5,533,268 (Keightley) shows a laser sight- 65
ing device that "draws" a line in both a horizontal and
vertical path for use in compound surfaces such as large
A typical instance is where a skilled carpenter or cabinet
maker is installing cabinets, countertops, bookshelves and
other articles. In large part, the more sophisticated leveling
instruments that have been available for many decades or
centuries as well as the more recent optical/laser leveling
systems, which have been available for many years, carpen-
ters and cabinet makers in large part still rely on the simpler
methods as indicated above (plumb lines, leveling
instruments, measuring from floor level, etc.).
Accordingly, it is an object of the present invention to
provide a system, apparatus and method which incorporates
a laser instrument where there is a balance of desirable
features which makes it particularly convenient, "user-
friendly", and efficient, and also a system where the set-up
US 6,598,304 B2
3
and use at various locations can be accomplished quickly
and easily.
The present invention was developed to meet this need.
SUMMARY OF THE INVENTION
The laser leveling assembly of the present invention is
used to establish height locations at selected locations, and
it is particularly adapted for use at a location where there is
4
tions spaced laterally from the post engaging portion. The
vertically oriented mounting portion is adjustable so as to be
above or below the elevation of the post engaging portion.
As a further feature, the mounting post has an elevation
indicating portion positioned along the longitudinal axis of
the post to indicate vertical location relative to the post. The
mounting 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 upper
structure having a floor support surface, and an upper
bearing surface, such as an upper section of a doorway, a
ceiling or an upper panel or member.
The laser assembly comprises a laser instrument to trans-
mit a horizontally directed laser beam at laterally spaced
locations to indicate a selected elevation or elevations at
such spaced locations.
10 mined. In a preferred form, the elevation indicating portion
has indicia increasing from a lower location to an upper
location to indicate distance from a lower location, and also
indicia increasing from an upper location toward a lower
location to indicate distance from the upper location to the
15 lower location.
There is a mounting post having a longitudinal axis. This
post comprises a lower contact end arranged to engage the
lower support surface to establish a lower mounting location
for the post. The post further comprises an upper contact end
portion arranged to engage the upper bearing surface to
establish an upper mounting location for the post so that the
post can be positioned between the upper and lower loca-
tions so as to have a substantial vertical alignment compo-
nent. Also, the mounting post provides a guideway extend-
25
ing along the longitudinal axis.
The mounting device in a preferred form comprises a post
engaging portion extending at least partially around the post,
and providing a height indication device positioned adjacent
to the distance indicating portion. More specifically, the
20
height indicating device is mounted so as to be vertically
adjustable relative to the post engaging portion. More
specifically, said height indicating device comprises a ver-
tically moveable transparent member with a height indicator
thereon.
There is an instrument mounting device mounted to the
post for movement along the guideway to a selected height
position or positions. The mounting device is arranged to
30
support the instrument in an operating position where the
instrument can transmit the laser beam toward laterally
spaced locations.
There is a post locking and stabilizing device comprising
a threaded rotatable member which is mounted to the post
and which can be rotated into and out of locking engagement
to insert a lateral force relative to said telescoping members
when in locking engagement. The assembly further com-
prises an instrument mounting locking device which oper-
ably engages the mounting device and the post and which
comprises a rotatable threaded member to come into locking
engagement between said instrument mounting device and
said post.
In the method of the present invention, the assembly as
recited above is employed. The laser instrument is mounted
to the instrument mounting device which in turn is mounted
to the post. The post is positioned so that the lower contact
In a preferred form, one of the contact ends of the post is
longitudinally adjustable so that the contact ends can be
35
moved toward and away from one another. More
particularly, in the preferred form the post comprises a first
elongate post section connecting to the first contact end
portion, and a second post section telescopically engaging
the first post section and having the upper contact end.
40
end of the post engages a lower support surface, and an
upper contact end portion of the post engages the upper
bearing surface so that the post is positioned between the
upper and lower locations so as to have a substantial vertical
The mounting device in the preferred form comprises a
post engaging portion arranged to be fixedly positioned to
the post and arranged to be able to move along the guideway
of the post. There is an instrument mounting portion
arranged to mount the instrument in its operating position.
45
There is also an intermediate mounting portion connecting
the post engaging portion and the instrument mounting
portion.
In the preferred form, the intermediate mounting portion
is arranged so that the instrument mounting portion can be
50
located at different vertical locations rela live to the post
engaging portion.
alignment component, with the post providing a guideway
extending the longitudinal axis.
The laser instrument is placed at the proper location on the
post, and the laser instrument is then operated to direct a
laser beam toward the location (e.g. a wall) where the
elevation is to be established. Then the mounting device can
be raised or lowered, placed in upper or lower locations
relative to the mounting device, and adjustments made to
facilitate the directing of the laser beam to the appropriate
height location.
In a preferred embodiment, the intermediate mounting
portion comprises a support arm rotatably mounted so as to
Other features of the present invention will become
55 apparent from the following detailed description.
be able to rotate between an upper arm position to support
the instrument mounting portion in an upper location and a
lower arm location to support the instrument mounting
portion at a lower location. More specifically, the interme-
diate mounting portion comprises a laterally extending offset
mounting member to locate the instrument mounting portion 60
at a location spaced laterally from the mounting post so that
the instrument mounting portion would be able to move
clear of an object located closely adjacent to the mounting
post.
In a specific form, the intermediate mounting portion 65
comprises a vertically oriented mounting member to be able
to support said instrument mounting portion at height loca-
BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is an isometric view showing the present invention,
installed n a doorway, being used to position some kitchen
cabinets;
FIG. 2 is a side elevational view of the apparatus of the
present invention, installed in a doorway of a building, and
showing the laser leveling instrument positioned at an upper
location and also a lower location;
FIG. 3 is a front elevational view of the apparatus, as
shown in FIG. 1;
US 6,598,304 B2
5
scale, showing the laser leveling apparatus in an inverted
lower position;
scale showing a laser leveling instrument in a non-inverted
lower position;
6
contact end 26 is at the lower end of the main post 38, and
this contact end 26 can conveniently be provided as a
relatively hard rubber or plastic electrically insulating pad
having a high coefficient of friction so that it reliably
engages the floor surface 22.
As shown in FIG. 7, the main post 38 has a square
cross-sectional configuration, having a front wall 42, rear
wall 44 and two sidewalls 46. The rear wall 44 is slightly
recessed so as to form two shallow vertically extending
scale, showing the laser leveling instrument in the upper
position, as shown in FIG. 2 (top part);
FIG. 7 is a cross-sectional view taken along line 8---8 of
FIG. 6, but showing only the mounting sleeve of the laser
instrument mounting section;
FIG. 8 is a sectional view similar to FIG. 7 showing the
slide member;
10 channels, and there are two scales 48 (i .e. measuring tapes
or rulers) having length markings thereon (either inches
marked in increments of a quarter inch, an eighth inch, etc.,
in the metric system, or both) . One scale 48 reads upwardly
from 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 between
the main post and inner-telescoping member of the post
section; and
15 lions increasing in an upward direction, and the other length
marking member 48 has the markings increasing in length-
wise dimension from an upward location (the latter being
used when one is measuring down from a ceiling location or
FIG. 10 is a view similar to FIG. 5, but showing the laser 20
instrument mounted in an upright position, with the mount-
ing 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 enlarged
scale, showing the post mounting portion of the laser mount-
ing 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 upper
contact end 28 which is shown herein as a moderately
flexible rubber or plastic electrically insulating pad being
moderately compressible and having a sufficiently high
25
coefficient of friction to reliably engage the upper surface 25
of the upper door member 24 or other member or component
(e.g. a ceiling of a room) which is to engage the upper
contact end 28. In operation, when the post section 16 is
of the locking mechanism for the laser mounting instrument;
30
FIG.14 is an isometric view of an insert shown in section
in FIG. 13.
DESCRIPTION OF THE PREFERRED
EMBODIMENT
With reference initially to FIGS. 1,2 and 3 the apparatus
10 of the present invention is shown mounted in a doorway
12 in its operating position. This apparatus 10 comprises a
post section 14, a laser mounting section 16, and a laser
instrument 18.
mounted in its upright operating position, the post section 14
is (as shown in FIGS. 1- 3) placed in a location such as a
doorway, so as to be substantially vertically aligned. Then
the upper telescoping member 40 is moved upwardly to
press the upper contact end 28 against the downwardly
facing upper surface 25 after which a post stabilizing and
35
locking member 50 (FIGS. 6 and 9) is operated by turning
the handle 52 of the member 50 so as to lock the main post
38 and the telescoping member 40 together in the positions
so that the post section 14 is securely positioned between the
In FIGS. 1- 3, there is shown the floor 20 having an
upwardly facing surface 22 and an upper domway member
40
24 having a downwardly facing bearing surface 25. The post
section has a lower contact end 26 pressing against the floor
45
surface 22, and an upper contact end 28 pressing upwardly
against the bearing surface 25 of the upper doorway member
24. In the position of FIGS. 1-2, the post section 14 is held
securely in vertical alignment between the surfaces 22 and
25.
50
floor surface 20, and the door member 25.
The inner-telescoping member 40 has a "U" shaped cross
sectional configuration and defines an elongate slot 54
extending along the entire length of the member 40. This slot
54 has a "T" shape, so that the rear end of the slot bas an
expanded slot portion 56 and a necked down portion 58, so
as to have a "T" shaped cross section. The locking member
comprises a plastic insert 60, about six inches long and
having a uniform "T" shaped cross section so that it fits
snugly within the slot 54.
The aforementioned locking knob 52 connects to a
threaded bolt member 62 which in turn fits in a threaded bore
in the insert 60. The knob 52 is rotated to cause the threaded
bolt member 62 to draw the insert 60 laterally so that it
presses the telescoping member 40 firmly against the inside
The mounting section 16 and the laser instrument 18 are
shown in FIGS. 2 and 3 in both a lower and an upper
position (it being understood that normally there would be
only one mounting section 16 and one laser instrument 18 in
the apparatus 10). The mounting section 18 comprises a post
engaging portion 30, and a laser mounting portion 32. The
laser mounting portion 32 in turn can be considered to
comprise a laser platform member 34 by which the laser
instrument 18 is mounted, and an intermediate mounting
portion 36 which interconnects the laser platform member
60
34 with the post engaging portion 30.
55
surface of the sidewall 44 of the main post 38. Then when
it is desired to move the telescoping member 40, the knob 52
is rotated in the opposite direction to loosen the clamping
insert 60 and permit slide movement of the telescoping post
member 40.
The post engaging portion 30 is slide mounted to the post
section 16 and can be moved to various selected locations
along the length of the post sections 14. To describe the post
section 14 in more detail, this post section 14 comprises a 65
main post 38 and an inner-telescoping post member 40, slide
mounted within the main post 38. The aforementioned
As indicated previously, the mounting section 16 com-
prises the post engaging portion 30 and the laser mounting
portion 32. To describe the post engaging portion 30 in more
detail, reference will now be made to FIGS. 8 and 11.
In FIG. 8, it can be seen that the post engaging portion 30
comprises a slide member 63 having a vertical dimension of
about five inches and a square cross sectional configuration
with rounded corner portions. The main post 38 functions as
US 6,598,304 B2
7
a guide way (or slide way) for the post engaging portion 30.
The post engaging portion 30 comprises a front wall 64, a
rear wall 66 and two side walls 68. Mounted to one side wall
68 is a locking device 70 (See FIGS. 4, 7 and 10) which
comprises a knob 72 connected to a bolt 74 that is in turn
5
threaded into a block 76 welded or otherwise secured to the
side wall 68. The contact end of the bolt 74 has a hard rubber
surface or other non-scoring material which bears against
the side wall 46 of the main post 38. By rotating the knob
70, the bolt 74 moves inwardly to press against the side wall
10
46 of the maio post 38 and hold the post engaging portion
30 in a fixed location relative to the main post 38.
The rear wall 66 of the slide member 63 is provided with
a cut-out 80 (see FIGS. 8 and 11) to provide a window
through which the operator can observe the height markings
15
on the scales 48. A rectangular clear plastic plate 82 is
positioned in a shallow recess 84 formed in the rear wall 66,
and extending the entire length thereof and this clear plastic
piece 82 has a horizontal reference line 86 which can be
adjusted upwardly and downwardly by moving the clear
20
plastic plate 82 either upwardly or downwardly.
To hold the plate 82 in place, there is provided a locking
member 88 comprising a rotatable knob 90 connected to a
threaded bolt member 92 that extends through an elongate
slot 94 (see FIG. 10) formed in the clear plastic member 82,
25
and into a threaded retaining socket in the member 63. By
rotating the knob 90 to an unlocking position, the clear plate
82 can be adjusted upwardly or downwardly so as to
properly locate the reference line 86 relative to the height
location markings 48. When the clear plastic member 82 is
30
at the desired location, then it can be locked in that position
by rotating the knob 98 inwardly to engage the plastic
member 82 and press it against the rear wall 66 of the
mounting member 30. The plastic member 82 can be
adjusted to place the reference line 86 at a desired reference
35
location so that the person using the apparatus 12 is able to
"fine tune" the reading of the elevation of the reference beam
from the laser 18.
8
The mounting section 16 is arranged so that the "L"
shaped intermediate mounting member 112 can be inverted
to the position of FIG. 4 simply by loosening the locking
member 118 to its release position, and then inverting the
intermediate member 112 from the position of FIG. 5 to the
position of FIG. 3, and again relocking the member 112 in
place. At the same time, the laser platform member 34 can
be moved to the opposite side of the horizontal plate 114, as
shown 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 may
be, of a conventional design. The instrument 18 is provided
with a suitable base structure indicated schematically at 128,
where there is shown a single adjusting knob 130. This base
128 is provided with an adjustable leveling mechanism, such
as that provided in a conventional surveyor's transit or
leveling device, where there are leveling bubbles oriented to
right angles to one another, and the instrument 18 can be
adjusted 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 to
move laterally and scan a wide angular area.
To describe the operation of the present invention, let us
take a typical example where there is a house under
construction, and the construction process has progressed to
where there is a bare wood floor, and the drywall of most of
the room has been put in place. The next step is for a skilled
carpenter to place various built-in cabinets, countertops,
shelves, etc. The doorways have been constructed, but the
doors have not yet been hung.
Let us assume that one of the first tasks for the carpenter
is to install the built-in cupboards and countertops in the
desirable countertop height of thirty six inches above the
floor.
The apparatus 10 initially has the pole section 14 in its
fully contracted section, where the telescoping post ;member
40 is fully retracted so that the overall length of the post
section 14 is somewhat less than the height of a conventional To 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 and
an intermediate mounting portion 36. The laser mounting
platform 34 comprises an "L" shaped plate member com-
prising a horizontal plate portion 98 and a vertical plate
portion 100, joined to one another in the "L" shaped
configuration. The laser instrument 18 is, or may be, of
conventional design, and it can be removably bolted or
otherwise connected to the laser platform member 34.
40
doorway (e.g. about eighty inches). The lower contact end
26 is positioned against the floor surface 22 beneath the
upper door member 24, and the upper end portion 28 is
pressed upwardly against the downwardly facing surface 25
of the upper door member 24. Then the locking knob 52 is
The intermediate mounting portion 36 comprises first a
laterally extending rectangular member 102 having its rear
end welded or otherwise joined to the front wall 64 of the
post engaging mounting portion 30. At the forward vertical
surface 104 of the plate member 102 there is a pair of
cylindrical pockets or recesses 106, each of which receives
a locating pin 108. The locating pin 108 also fits within
matching recesses in a vertical plate 110 of an "L" shaped
member 112 which also comprises lateral plate 114. The
horizontal plate 114 connects to the horizontal plate 98 of the
laser platform member 34.
45
rotated to cause the insert 60 to move so as to press the upper
telescoping member 40 against the inside surface of the side
wall 46 of the maio post 38.
The next step is to position the laser instrument 18 at the
desired height. This is accomplished by moving the locking
50 knob 72 to a release position so that the post engaging
portion 30 can be moved along the main post 38 (which
functions as a guideway) to the proper elevation. The
locking knob 72 is rotated into locking engagement; the
laser instrument is adjusted so as to be in a horizontal
55 position, and the laser instrument 18 is activated to cause it
to direct its beam laterally against its surrounding wall
surfaces.
Usually, the carpenter can make a fairly close approxi -
mation of the proper level of the laser instrument 18 by
60 moving the post engaging member 30 to its desired position
by using the reference line 86 so that this line 86 is at the
desired height elevation. Then an up or down adjustment can
be made as needed.
The mounting member 112 is held securely to the plate
102 by connecting member 116 comprising a rotatable
handle 118 that is in turn connected to a bolt member 120
that fits in a matching threaded socket 122 in the mounting
plate 102. By rotating the knob 118 inwardly, the bearing
surface of the knob 118 bears against the plate member 110 65
to press it firmly against the forward surface 104 of the plate
102.
It sometimes happens that the floor of the room may be
slanted to a small extent. In this instance, the carpenter
installing the cabinet may want to make allowance for this
by inserting shims or other leveling devices to bring the
'
US 6,598,304 B2
9
cabinet to a horizontal alignment within closer tolerances.
Let us assume that the carpenter has measured up a certain
height from the floor and has ascertained the target level for
the countertop. The workman will then make a final adjust-
ment to the mounting section 16, moving it a short distance
upwardly or downwardly so that the laser beam is at
precisely the proper height elevation.
10
FIGS. 11-14 show a second embodiment of the present
invention. Components of the second embodiment which are
similar to the first embodiment will be given like numerical
designations, with an "a" designation distinguishing those of
the second embodiment.
FIG. 12 is a cross-sectional view of the post 14a showing
the two telescoping post sections 38a and 40a and the post
locking mechanism SOa, and FIG. 13 is a cross-sectional
view through the post 14a where the locking mechanism 70a
A typical instrument which could be used in the present
invention which in one made by MOMENTOM LASER.
This instrument transmits a beam which has a vertical
thickness dimension of about lfs inch, and is sufficiently
bright to be readily observable in most all building interiors.
The beam scans along the wall, and it is a very simple matter
10 is located.
to match the height of the beam to a marking on the wall,
and/or place the marking at the appropriate place where the 15
laser strikes the wall.
In this particular instrument, the laser beam makes an
entire scan of the wall surface about 200 times per minute.
Accordingly, the carpenter has a substantially constant ref-
erence line, accurately located and easily readable. Then the
20
carpenter proceeds with the work of properly positioning the
cabinets and countertops to the proper location and then
completing the installation.
The post section of 38a has a square tubular cross-
sectional configuration, and likewise the inner post section
40a has a matching square cross-sectional configuration.
The outer wall of the inner telescoping member 40a is
spaced a short distance inwardly from the inner wall of the
outer telescoping section 38a leaving a small width gap 150.
A plurality of pads 152 are positioned between the members
38a and 48a to provide proper sliding engagement.
The locking device SOa comprises a handle 52a secured
to a bolt 62a that is threaded into an insert 60a. By rotating
the handle 52a, the inner tube section 40a can be locked in
place. The bolt 62a is at a 45 degree angle to the adjacent
sidewalk and leans against a matching flattened and concave
25 edge portion.
In some instances, a nearby doorway is not available, so
that the apparatus 10 need to be installed so as to reach from
the floor surface 22 to a ceiling surface. The apparatus 10 is
arranged so that the inner-telescoping section 40 can be
extended out to almost seventy inches beyond the more
normal eighty inch length dimension that would be expected
30
in doorways. This extension is accomplished as indicated
above by moving the telescoping section 40 upwardly so
that the upper bearing end 28 comes into engagement with
FIG. 13 is a cross-sectional view taken at the location of
the mounting section 18 on the post section 40a. More
particularly, this section is taken at the location of the
locking mechanism 70a of the post engaging section 30a.
There is a handle 32a attached to a bolt 74a which in turn
engages a elongate insert 154 (shown in FIG. 14). This insert
154 has a bearing face 156 and top and lower protruding
members 158. This insert 154 fits in a housing section 160,
this being an elongate member having a U-shaped cross-
the ceiling, and then operating the locking mechanism 50 to
maintain the pole section 14 in its operating position.
It will be noted, with reference to FIG.1 that the mounting
section 16 is arranged so that the mounting member 112 and
the laser instrument 18 are spaced laterally from the post
section 14 is a sufficient distance so that the laser instrument
35 section extending the length of the mounting section 18.
18 can be positioned at an elevation above the bearing
40
surface 25 when the post 14 is mounted in the doorway. (See
FIG. 2) . In the event that the laser beam is to be positioned
at a very low level adjacent to the floor surface 22, as
indicated in FIG. 4, the intermediate mounting member 112
can be inverted, and the laser platform 34 can be placed at
45
what now becomes the upper surface of the horizontal plate
114, as shown in FIG. 10.
From time to time, it may be desired to make small
adjustments in the height of the laser instrument 18. For
example, the carpenter may make a measurement on the wall so
and desire to move the reference level up by 3ls of an inch.
In this instance, the carpenter could observe the present
location of the reference line 86, make a simple calculation
to find the desired elevation, and then move the mounting
section 16 up until the reference line 86 matches the proper 55
calculated measurement. After that, the carpenter may wish
to make a further adjustment by simply moving the clear
plastic plate 82 itself so as to move the reference line 86 to
an elevation marking that corresponds exactly to the desired
reference elevation on the wall. For example, the floor 60
location where the apparatus 10 is positioned may be a slight
distance below what is desired. Yet, the carpenter wants to
The bearing surface 156 presses against a matching
bearing surface 162 which is aligned at 45 degrees from the
two adjacent wall sections of the post section 40a, this
bearing surface 162 comprising a flattened edge corner
portion of the post section 40a.
In operation, the handle 72a is rotated to cause the bearing
end of the bolt 14a to engage the insert 154 to press the
bearing surface 156 into engagement with the bearing sur-
face 162 to hold the post engaging portion 30a securely in
place. Pads 164 are provided to provide for proper sliding
engagement, and also to securely hold the post engaging
portion 30a in place.
It is to be recognized that various modifications could be
made to the present invention without departing from the
basic teachings thereof. For example, the cross-sectional
configurations in relative positioning of the main post 38 and
the extendible member 40 could be modified to different
cross-sectional configurations and rela live positions. For
example, the components could be made as an I beam
section, matching S sections or U sections, etc. Further, the
precise means of making the vertical extensions could be
modified, such as by placing a screw jack member adjacent
to the bottom portion of the post. While the post engaging
member 30 is shown as having a slide mount where it
encloses the post 38, this could be made more in the form of
a wheeled member that travels up and down a post having
a more rail-like structure. Further, the intermediate mount -
ing members could have different adjustments, both vertical
set the reference line 86 so that it is at the dimension which
corresponds with the height dimension at the actual instal-
lation location adjacent to the wall . This can be done by
simple adjustment to the plate 82, while leaving the mount-
ing section 16 in its proper position.
65 and angular added thereto. It is to be recognized that such
modifications are intended to be included within the broader
scope of the present invention.
US 6,598,304 B2
11
I claim:
1. A system for establishing a substantially horizontal
reference line on a target surface the location of which is
fixed relative to first and second support surfaces, the system
comprising:
12
6. A system as recited in claim 5, in which the post
member further comprises a post locking system for selec-
tively fixing the location of the first and second post sections
relative to each other.
7. A system as recited in claim 5, in which the mounting
member comprises a lock portion that is secured to the post
member by the locking assembly and a device portion that
is rotatable about a mounting axis relative to the lock
portion.
member, when in a second state, may be detached from the
post member.
a post member defining a post axis and having a first end
engaging the first support surface and second end
engaging the second support surface, where the post
member comprises first and second post sections mov-
able relative to each other along the post axis, where the 10
first post section defines the first end of the post
member and the second post section defines the second
end of the post member;
9. A method of establishing a reference line on a target
surface the location of which is fixed relative to first and
15 second support surfaces, the method comprising the steps of:
providing a post member defining a post axis and having
a first end and a second end;
a mounting member that, in a first state, engages the post
member such that the mounting member may be moved
along the post axis relative to the post member but may
not move radially relative to the post axis;
a locking assembly for selectively securing the mounting
member at a desired location along the post member;
20
and
a lighting assembly that generates a light beam at a
predetermined angle with respect to true horizontal;
wherein
the lighting assembly is supported by the mounting mem- 25
ber such that the light beam illuminates a target portion
of the target surface and the target portion of the target
surface has a predetermined relationship with the
desired location along the post member.
2. A system as recited in claim 1, in which the post 30
member further comprises a post locking system for selec-
tively fixing the location of the first and second post sections
relative to each other.
member comprises a lock portion that is secured to the post 35
member by the locking assembly and a device portion that
moving a first section of the post member relative to a
second section of the post member along the post axis,
where the first post section defines the first end of the
post member and the second post section defines the
second end of the post member
arranging the post member such that the first end engages
the first support surface and the second end engages the
second support surface;
mounting on the post member a lighting assembly that
generates a light beam;
moving the lighting assembly to a desired location along
the post axis such that the light beam illuminates a
target portion of the target surface;
securing the lighting assembly at the desired location; and
moving the light beam to define a light plane that forms
the reference line on the target surface.
10. A method as recited in claim 9, further comprising the
step of selectively fixing the location of the first and second
post sections relative to each other.
is rotatable about a mounting axis relative to the lock
portion.
member, when in a second state, may be detached from the
post member.
step of rotating the lighting assembly relative to the post
40
member between first and second lighting positions.
step of detachably securing the lighting assembly to the post
member.
5. A system for establishing a reference line on a target
second support surfaces, the system comprising:
13. A system for establishing a substantially horizontal
45 reference line on a target surface the location of which is
fixed relative to first and second support surfaces, the system
engaging the first support surface and an second end
engaging the second support surface, where the post
member comprises first and second post sections mov-
able relative to each other along the post axis, where the
first post section defines the first end of the post 50
member and the second post section defines the second
end of the post member;
member such that the mounting member rna y be moved
55
not move radially relative to the post axis;
a locking assembly for selectively securing the mounting
member at a desired location along the post member;
and
a lighting assembly that generates a rotating light beam
that defines a light plane; wherein
the lighting assembly is supported by the mounting mem-
60
of the target surface and the target portion of the target 65
surface bas a predetermined relationship with the
comprising:
engaging the first support surface and second end
engaging the second support surface;
not move radially relative to the post axis, the mounting
member comprising a lock portion that is secured to the
post member by a locking assembly and a device
portion that is rotatable about a mounting axis relative
to the lock portion;
wherein the locking assembly selectively secures the
mounting member at a desired location along the post
member; and
a lighting assembly that generates a light beam at a
predetermined angle with respect to true horizontal ;
wherein
US 6,598,304 B2
13
14. A system for establishing a reference line on a target
surface the location of which is fixed relative to first and 5
second support surfaces, the system comprising:
engaging the first support surface and an second end
engaging the second support surface;
10
not move radially relative to the post axis, where the
mounting member comprises a lock portion that is
secured to the post member by a locking assembly and
15
a device portion that is rotatable about a mounting axis
relative to the lock portion;
wherein the locking assembly selectively secures the
mounting member at a desired location along the post
20
member; and
a lighting assembly that generates a rotating light beam
that defines a light plane; wherein
ber such that the light beam illuminates a target portion 25
surface the location of which is fixed relative to first and 30
second support surfaces, the method comprising the steps of:
moving a first section of the post member relative to a
second section of the post member along the post axis,
35
where the first post section defines the first end of the
14
post member and the second post section defines the
second end of the post member
moving the light beam to define a light plane that forms
second support surfaces, the method comprising the steps of:
rotating the lighting assembly relative to the post member
between first and second lighting positions;
moving the light beam to define a light plain that forms
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