AU2014241278A1 - Tape measure - Google Patents

Abstract

A tape measure having a housing, a marking device for applying a mark to a surface to be marked, and an indicator viewer. The indicator viewer aligned with the marking device. The indicator viewer having first indicia and second indicia. The indicator viewer is configured to indicate whether the indicia viewer, as viewed, is accurately aligned with the marking device.

Description

WO 2014/160809 PCT/US2014/031917 TAPE MEASURE TECHNICAL FIELD [0001] This disclosure and the drawings submitted herewith relate generally to measuring devices and more specifically it relates to a tape measure that incorporates a marking device and a corresponding viewing indicator for allowing an individual to measure and mark a wide variety of materials in a more efficient and accurate manner. BACKGROUND [0002] Various different forms and types of measuring devices are known to the prior art. One particular type of measuring device is known as a "tape measure." Tape measures typically comprise a flexible tape resiliently coiled within a housing. The flexible tape is normally printed with incremental measuring marks for measuring distances. In use, the flexible tape is uncoiled and extended from the housing and placed on a surface to be measured. Distances can then be marked with a separate marking tool, such as a pencil, directly onto the surface measured. [0003] Numerous devices incorporating marking tools inside and outside tape measure housings are known in the prior art. These include devices which are affixed to existing tape measure housings, for instance the self adhesive scoring attachment of U.S. Pat. No. 6041513 (Doak), and other marking devices (for instance U.S. Pat. Nos. 6698104 (Scarborough), 6701635 (Scarborough), 6637125 (Scarborough), 6701636 (Scarborough), 6910280 (Scarborough), 6941672 (Scarborough), 6971185(Scarborough), and 7334344 (Scarborough)). Marking devices can also include marking tools which are affixed to belt clips of existing tape measure housings. In example, U.S. Pat. No. 4760648 (Doak et al.) which discloses a marking device adapted to be mounted on one side of the tape measure, namely as a replacement belt clip. Marking devices can also include housings configured for receipt therethrough of marking means, such as pencils or pens. In example, U.S. Pat. No. 5735052 (Lin) discloses a tape measure having formed therein a passage for receiving therethrough the marking means. Marking devices can also include marking tools which are integral with the tape measure housing. For instance, U.S. Pat. No. 5435074 (Holevas et al.) discloses a tape measure having a marker attached to the tape measures lock so that depression of the lock mechanism also extends the marker out of the housing of the tape measure. Also, U.S.

WO 2014/160809 PCT/US2014/031917 Pat. No. 4015337 (Taylor) discloses a marking device integrally formed into the housing of the tape measure. Marking devices can also include scoring means rather than marking means utilizing indicia (e.g., ink, graphite). For instance, U.S. Pat. No. 2649787 (Kobayashi), U.S. Pat. No. 3063157 (Keene), and U.S. Pat. No. 3526,64 (Clark, Jr.). BRIEF DESCRIPTION OF THE DRAWINGS [0004] Figure 1 is a perspective view of a first exemplary tape measure. [0005] Figure 2 is a front view of the first exemplary tape measure of Figure 1. [0006] Figure 3 is an environmental top view of the first exemplary tape measure of Figure 1. [0007] Figure 4 is an isolation side view detail of the indicator viewer of the second exemplary tape measure. [0008] Figure 5 is a top view detail of the indicator viewer of the second exemplary tape measure of Figure 4, tilted to the left. [0009] Figure 6 is an end view detail of the indicator viewer of the second exemplary tape measure of Figure 4, tilted to the left. [0010] Figure 7 is a top view detail of the indicator viewer of the second exemplary tape measure of Figure 4, untilted. [0011] Figure 8 is an end view detail of the indicator viewer of the second exemplary tape measure of Figure 4, untilted. [0012] Figure 9 is a top view detail of the indicator viewer of the second exemplary tape measure of Figure 4 tilted to the right. [0013] Figure 10 is an end view detail of the indicator viewer of the second exemplary tape measure of Figure 4 tilted to the right. [0014] Figure 11 is a first end, isometric view of the indicator viewer of a third exemplary tape measure. -2- WO 2014/160809 PCT/US2014/031917 [0015] Figure 12 is a first schematic illustration of the indicator viewer of Figure 11, tilted. [0016] Figure 13 is a second schematic illustration of the indicator viewer of Figure 11. [0017] Figure 14 is a plan view of the indicator viewer of Figure 11, tilted. [0018] Figure 15 is a first end, isometric view of the indicator viewer of a fourth exemplary tape measure. [0019] Figure 16 is a first schematic illustration of the indicator viewer of Figure 15, tilted. [0020] Figure 17 is a second schematic illustration of the indicator viewer of Figure 15. [0021] Figure 18 is a plan view of the indicator viewer of Figure 15, tilted. [0022] Figure 19 is a first end, isometric view of the indicator viewer of a fourth exemplary tape measure. [0023] Figure 20 is a first schematic illustration of the indicator viewer of Figure 19, tilted. [0024] Figure 21 is a second schematic illustration of the indicator viewer of Figure 19. [0025] Figure 22 is a plan view of the indicator viewer of Figure 19, tilted. [0026] Figure 23 is a first end, isometric view of the indicator viewer of a fifth exemplary tape measure. [0027] Figure 24 is an end view detail of the indicator viewer of a sixth exemplary tape measure. [0028] Figure 25 is an end view detail of the indicator viewer of a seventh exemplary tape measure. [0029] Figure 26 is an end view detail of the indicator viewer of an eighth exemplary tape measure. -3- WO 2014/160809 PCT/US2014/031917 DETAILED DESCRIPTION [0030] The following description and the referenced drawings provide illustrative examples of that which the inventor regards as his invention. As such, the embodiments discussed herein are merely exemplary in nature and are not intended to limit the scope of the invention, or its protection, in any manner. Rather, the description and illustration of these embodiments serve to enable a person of ordinary skill in the relevant art to practice the invention. [0031] The use of "e.g.," "etc," "for instance," "in example," "for example," and "or" and grammatically related terms indicates non-exclusive alternatives without limitation, unless the context clearly dictates otherwise. The use of "including" and grammatically related terms means "including, but not limited to," unless the context clearly dictates otherwise. The use of the articles "a," "an" and "the" are meant to be interpreted as referring to the singular as well as the plural, unless the context clearly dictates otherwise. Thus, for example, reference to "indicia" includes two or more such indicia, and the like. The use of "optionally," "alternatively," and grammatically related terms means that the subsequently described element, event or circumstance may or may not be present/occur, and that the description includes instances where said element, event or circumstance occurs and instances where it does not. The use of "preferred," "preferably," and grammatically related terms means that a specified element or technique is more acceptable than another, but not that such specified element or technique is a necessity, unless the context clearly dictates otherwise. The use of "exemplary" means "an example of' and is not intended to convey a meaning of an ideal or preferred embodiment. Words of approximation (e.g., "substantially," "generally"), as used in context of the specification and figures, are intended to take on their ordinary and customary meanings which denote approximation, unless the context clearly dictates otherwise. [0032] The use of "indicia," means a marking, point, dot, tinting, sign, color, symbol, shape, light reflective material, line, pattern, decal, or the like, visible on or within a component, including but not limited to indicia applied to and/or formed upon on the surface of a component, indicia embedded into a component, paint as indicia, and the like, or unless the context clearly dictates otherwise. -4- WO 2014/160809 PCT/US2014/031917 [0033] The use of "tape measure" means, a measuring device, including but not limited to digital measuring devices, laser rangefinders, laser measuring tools, proximity sensors, optical sensors, tape measures, GPS, magnetic, and sonar, unless the context clearly dictates otherwise. [0034] Tape measures can be prone to inaccuracy which is caused by the parallax that is created between the cupped blade of the tape measure and the surface being measured and marked. To address this issue, an operator can manually push the cupped measuring blade down flat to the surface being marked, in order to eliminate that parallax before making the mark. Curved or cupped measuring blades are common because a cupped blade will stand out from the tape measure housing much further than a flat blade. It is widely accepted that blade standout is a valuable feature when measuring and marking, but this feature causes the edge of the cupped blade to be raised off the surface that is being measured. [0035] Another issue with conventional marking/measuring devices (such as tape measures) with cupped measuring blades is that if a marking device is attached to the tape measure housing, it then requires an indicator that is over the measuring blade in alignment with the marking device. That results in a parallax effect between the indicator and the blade surface which can cause inaccuracies if the eye of the person measuring is not directly aligned above the indicator. [0036] Described herein, and illustrated in the drawings, are exemplary tape measures. Referring initially to Figures 1 through 3, illustrated is a first exemplary tape measure 10. The first exemplary tape measure 10 comprises a measuring device 12 incorporating a marking device 80. The first exemplary tape measure 10 includes a housing 20, a coiled measuring tape 40 having measuring indicia thereon, a tape tip 42, a marking device 80, an indicator viewer 50, and a lock portion 44. The first exemplary tape measure 10 is configured to be used upon a surface 100 to be measured and marked. The surface 100 to be measured and marked can be of any shape or size material that would commonly be measured with a tape measure. The surface 100 to be measured and marked may also be a structure or a combination of materials. [0037] As illustrated in Figure 2, in the exemplary marking device illustrated, the marking device 80 further comprises a circular marking wheel 84. The circular marking wheel having an -5- WO 2014/160809 PCT/US2014/031917 aperture defined thereto for receiving an axle 81. The axle 81 may comprise axle protrusions or ends which are configured for rotational engagement with a portion of the enclosure 83. [0038] Exemplary marking devices may be configured for applying a marking substance, such as graphite, charcoal, wax, chalk, ink, paint, etc., via a marking applicator, to the marking wheel. For instance, a graphite pencil lead (the marking applicator) could be held under tension or compression against the surface of the marking wheel, which in turn is configured for contacting the surface to be measured and marked. Thus, rotation of the marking wheel against the surface to be measured and marked also results in rotation of the marking wheel against the marking applicator. This results in the transmission of the marking substance (graphite) from the marking applicator onto the wheel of the marking device. Then, continued movement of the marking device against the surface to be measured and marked results in the transfer of the marking substance to the surface to be measured and marked from the marking device. The marking device could further comprise or be partially comprised of, a material (e.g., rubber material, porous material) configured for allowing for easier application of such a marking substance. Such a material could more easily hold and carry to the surface to be marked the marking substance. [0039] Additionally, the marking device could be selectively engaged or disengaged by the user through use of an engagement/disengagement controller 85. This would allow the user to decide whether to also, or instead, apply a marking substance to the surface marked. For instance, a spring mechanism could be utilized whereby through pushing a button on the housing, the marking device could be activated or deactivated. [0040] It is preferred that the marking wheel be made of a material able to itself leave or create a mark upon or into the surface to be marked. For instance, the wheel could be made of a hard metal, such as steel. The marking wheel may be hardened and/or ground at an angle, similar to a glass-cutting wheel. Such an angle may be configured to provide a narrow, accurate mark or may be configured and sharpened to actually serve as a cutting wheel. Thus, "marking" is intended to include marking by cutting. Exemplary marking wheels may further comprise a rim for contacting the surface to be marked, at least a portion of this rim extending out of the enclosure. The marking wheel could likewise be made of different materials for the different purposes discussed -6- WO 2014/160809 PCT/US2014/031917 within this application, including, but not limited to metal, composites, rubber, plastic, natural materials, foam, etc. Likewise, the shape of the marking wheel can be as necessary, including but not limited to: rounded, flat, angled, sharpened, solid, porous, etc. While the marking device 80 illustrated is one particular configuration of a marking device, a skilled artisan will be able to select an appropriate marking device in a particular embodiment based on various considerations, including the intended use of the tape measure, the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations, including the marking devices disclosed in the inventor's related U.S. Patents, namely U.S. Pat. Nos. 6698104, 6701635, 6637125, 6701636, 6910280, 6941672, 6971185, and 7334344. [0041] Some exemplary tape measures are configured for utilizing a directional marking device to make a mark upon the surface to be marked which is generally perpendicular to the distance measured, and confirming that the mark to be made is accurate through use of the indicator viewer. The exemplary tape measure 10 of Figures 1 through 3 utilizes a wheel-based marking device to accomplish this purpose. A skilled artisan will be able to select an appropriate marking device in a particular embodiment based on various considerations, including the intended use of the tape measure, the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. For instance, a skilled artisan could utilize other manners of restricting the housing itself to perpendicular movement while using a non-directional marking means, for instance one or more wheels located in the base of the measuring device. [0042] The enclosure 83 for enclosing at least a portion of the marking device 80. The enclosure 83 is formed as part of the housing 20 (e.g., molded, attached during manufacture, attached after manufacture), or is configured for attachment to the housing 20, for instance through use of adhesives, snap fits, mechanical fasteners, plastic welding, magnets, etc. [0043] The housing 20 is preferably an elongated square, a cylindrical shape or a combination thereof, as illustrated in the Figures. Many different shapes and styles of tape measure housings are known to the prior art and may be configured for use with an exemplary tape measure. The - 7 - WO 2014/160809 PCT/US2014/031917 housing 20 illustrated in Figures 1 through 3 having a first side wall 22 opposing a second side wall 24, a top wall 26, a base 28, a rear wall 30, and a front wall 32. These walls defining an enclosure for holding a coiled measuring tape 40. The front wall 32 having a tape blade aperture 34 defined therethrough for allowing the coiled measuring tape 40 to be extended. It is preferred that the housing 20 be made of a rigid material such as metal, plastic, rubber, composite or a combination thereof. One alternate housing further comprises at least one roller or bearing located on the base of the housing to facilitate perpendicular movement of the housing, to the marking device, against the surface to be measured and marked. [0044] In the first exemplary tape measure 10, the coiled measuring tape 40 is an elongated blade formed of a ribbon of metal or composite material coiled on a spooling means (such as a spool), with a retraction means (such as a spring mechanism). Such coiled measuring tapes with spring retraction means are common in the prior art. It is preferred that the coiled measuring tape be made of a resilient material, such as metal, plastic or a composite. The uncoiled end of the coiled measuring tape 40 terminates in a tape tip 42 configured for hooking onto the edge 102 of the surface 100 to be measured/marked, such as the edge of a board. Such tape tips are standard for tape measures in the prior art. [0045] The enclosure 83 illustrated in these Figures is preferably generally elongated square in shape, or a combination thereof, or any other shape that would effectively house a marking device. In certain exemplary tape measures, the enclosure can comprise an attachment portion for facilitating the attachment of the enclosure to the housing, whereas, in certain other exemplary tape measures, the enclosure may be integrally formed within the housing. [0046] In use, particularly as illustrated in Figure 3, the tape tip 42 is hooked on the edge 102 of the surface 100 to be measured/marked. The housing 20 then moved away from the edge 102 thereby extending the coiled measuring tape 40. Side-to-side movement of the housing 20 at the desired mark location results in the marking device 80 making a mark on the surface 100 to be measured/marked generally perpendicular to the axis of the length of the coiled measuring tape 40 (the direction the coiled measuring tape 40 can be extended out of the housing 20). - 8- WO 2014/160809 PCT/US2014/031917 [0047] It is preferred that an exemplary tape measure also comprise a lock portion 44, as illustrated in Figures 1 through 3. The lock portion 44 for enabling the coiled measuring tape 40 to be locked in a particular position by a user of the tape measure 10. This lock portion 44 has a button section 46 that protrudes to from the exterior of the housing 20. Tape measure locking devices are known in the prior art. If an exemplary tape measure is desired to have a locking device, a skilled artisan will be able to select an appropriate locking device for the tape measure in a particular embodiment based on various considerations, including the intended use of the tape measure, the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0048] The use of such a lock portion is completely optional, and exemplary tape measures will not have decreased functionality in the absence such a lock portion. This is due to the fact that the preferred marking device is directional, thereby enabling a user to create generally a straight-line mark generally perpendicular to the axis of the length of the coiled measuring tape. Thus, once the marking device is placed against the surface to be marked at the location of the mark to be made, the tape measure itself does not need to be locked into place (and could even be retracted). [0049] An exemplary indicator viewer is spaced apart from the bottom side of the housing, and is placed above the tape blade aperture. The indicator viewer also is preferably aligned with the marking device. The indicator viewer has at least one first indicia, and at least one second indicia. These indicia oriented parallel to the second direction. The indicator viewer preferably configured such that with correct eye alignment, the first indicia and the second indicia appear to be aligned with one another. Further, the indicator viewer preferably configured such that with incorrect eye alignment the first indicia and the second indicia appear to be misaligned with one another. [0050] As illustrated in Figures 1, 2 and 3, in the first exemplary tape measure 10, the housing 20 comprises an indicator viewer 50 that is in alignment with the marking device 80. Thus, the indicator viewer 50 gives the user of the first exemplary tape measure 10 a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. In other exemplary tape measures, the -9- WO 2014/160809 PCT/US2014/031917 indicator viewer may include magnification means for magnifying the indicator viewer. The first indicator viewer 50 is illustrated in Figure 1 as extending across the entire width of the tape 40. In other exemplary tape measures, an exemplary indicator viewer may be shorter, only extending across a portion of the width of the tape 40, for instance the indicator viewer 160 of Figure 24, and indicator viewer 190 of Figure 25. [0051] A second exemplary indicator viewer 60 is illustrated in Figures 4 through 10. The second exemplary indicator viewer 60 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The second exemplary indicator viewer 60 comprising body 82 of rigid optical transparent material (e.g., plastic, composite, glass, or a combination thereof), first indicia 53, and second indicia 55. The body 82 having an upper side 52 defining a first longitudinal groove 51 defined therein, and having lower side 54 defining a second longitudinal groove 57. The first indicia 53 comprising a first indicator line within the first longitudinal groove 51, whereas the second indicia 55 comprising a corresponding second indicator line within the second longitudinal groove 57. While such a configuration is utilized in the second exemplary indicator viewer 60, a skilled artisan will be able to select an appropriate configuration, including the type and number of indicia, in a particular embodiment based on various considerations, including the intended use of the tape measure, the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0052] In this exemplary indicator viewer 60, the first indicia 53 and the second indicia 55 are preferably separated by transparent space that is generally the thickness of the indicator viewer 50. In other exemplary indicatory viewers, more or less of a separation between the first indicia and the second indicia may be present. [0053] As illustrated in Figure 3, in use, the housing 20 may be brought into contact with the surface 100 to be measured and marked. The tape tip 42 is allowed to engage the edge 102 of the surface 100 to be measured and marked, while the housing 20 is pulled across the surface 100 to be measured and marked to the desired location as verified by the indicator viewer 50. - 10 - WO 2014/160809 PCT/US2014/031917 [0054] Turning now to Figure 4, the indicator viewer 60 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 60. If the first indicia 53 and the second indicia 55 appear to be aligned with one another, as illustrated by the overhead perspective view 6 where the user has correct eye alignment, then no parallax is present. This view is further detailed in Figures 7 and 8. As viewed by the user, second indicia 55 would be effectively hidden behind first indicia 53. The indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. [0055] If the first indicia 53 and the second indicia 55 do not appear to be aligned with one another, as illustrated by angled overhead perspective view 4 where the user has incorrect eye alignment, then parallax is present. This view is further detailed in Figures 5 and 6. As viewed by the user, second indicia 55 would not be effectively hidden behind first indicia 53, and would be visible through the transparent indicator viewer 60. [0056] If the first indicia 53 and the second indicia 55 do not appear to be aligned with one another, as illustrated by angled overhead perspective view 8 where the user has incorrect eye alignment, then parallax is present. This view is further detailed in Figures 9 and 10. As viewed by the user, second indicia 55 would not be effectively hidden behind first indicia 53, and would be visible through the transparent indicator viewer 60. [0057] In a preferred embodiment, the first indicia 53 and the second indicia 55 are of contrasting colors. For instance, the first indicia 53 could be black, and the second indicia 55 could be red. In this format, the second indicia 55 would disappear from the user's view when the user viewing from a directly overhead perspective view 6 (as illustrated in Figure 7) and the user would only see the black first indicia 53. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. [0058] Further, if the user has incorrect eye alignment (as illustrated as angled overhead perspective view 4 and angled overhead perspective view 8 in Figure 4), then the second indicia 55 would be visible adjacent the black first indicia 53. The presence of parallax would trigger the user - 11 - WO 2014/160809 PCT/US2014/031917 to reorient the tape measure to eliminate the parallax before the marking device can be engaged, and the mark applied to the surface to be marked. [0059] Referring now to Figures 11 through 14, illustrated is a third indicator viewer 70. The third indicator viewer 70 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The indicator viewer 70 is in alignment with the marking device 80. Thus, the indicator viewer 70 gives the user of an exemplary tape measure 10 a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. The third indicator viewer 70 having a first edge having first indicia 71 applied to at least a portion thereof, and a first side having second indicia 72 applied to at least a portion thereof. Alternatively, the third indicator viewer 70 could comprise a second side opposite the first side to which third indicia is applied to at least a portion thereof. In these figures, first indicia 71 is hatched for the color black, and second indicia 72 is hatched for the color red. A skilled artisan will be able to select an appropriate indicia, including color thereof, in a particular embodiment based on various considerations, including the intended use of the tape measure the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0060] The indicator viewer 70 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 70. If the first indicia 71 and the second indicia 72 appear to be aligned with one another, as illustrated by the overhead perspective view 6 of Figures 13 where the user has correct eye alignment, then no parallax is present. As viewed by the user, second indicia 72 would be effectively hidden behind first indicia 71. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. [0061] If the first indicia 71 and the second indicia 72 do not appear to be aligned with one another, as illustrated by angled overhead perspective view 4 of Figures 12 and 14 where the user - 12 - WO 2014/160809 PCT/US2014/031917 has incorrect eye alignment, then parallax is present. As viewed by the user, second indicia 72 would not be effectively hidden behind first indicia 71, and would be visible. [0062] Further, if the user has incorrect eye alignment (as illustrated as angled overhead perspective view 4 of Figures 12 and 14), then the red second indicia 72 would be visible adjacent the black first indicia 71. The presence of parallax would trigger the user to reorient the tape measure to eliminate the parallax before the marking device can be engaged, and the mark applied to the surface to be marked. [0063] Referring now to Figures 15 through 18, illustrated is a fourth indicator viewer 75. The fourth indicator viewer 75 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The indicator viewer 75 is in alignment with the marking device 80. Thus, the indicator viewer 75 gives the user of an exemplary tape measure 10 a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. The fourth indicator viewer 75 having a first horizontal edge having first indicia 76 applied to at least a portion thereof, and a first vertical side having second indicia 77 applied to at least a portion thereof. These Figures illustrate indicator viewer 75 further comprising a void 79 defined therethrough, or at least a portion of the way therethrough. The void 79 could also comprise a surface bearing indicia, as illustrated in Figures 15 and 18. Exemplary fourth indicator viewers 75 could comprise one, both or neither of the side indicia (second indicia 77) and indicia in the void 79. Alternatively, the fourth indicator viewer 75 could comprise a second side opposite the first side to which third indicia is applied to at least a portion thereof. In these figures, first indicia 76 is hatched for the color green, and second indicia 77 is hatched for the color red. A skilled artisan will be able to select an appropriate indicia, including color thereof, in a particular embodiment based on various considerations, including the intended use of the tape measure the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0064] The indicator viewer 75 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 75. If the first indicia 76 and the second indicia - 13 - WO 2014/160809 PCT/US2014/031917 77 appear to be aligned with one another, as illustrated by the overhead perspective view 6 of Figure 17 where the user has correct eye alignment, then no parallax is present. As viewed by the user, second indicia 77 would be effectively hidden behind first indicia 76. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. [0065] If the first indicia 76 and the second indicia 77 do not appear to be aligned with one another, as illustrated by angled overhead perspective view 4 of Figures 16 and 18 where the user has incorrect eye alignment, then parallax is present. As viewed by the user, second indicia 77 would not be effectively hidden behind first indicia 76, and would be visible. [0066] Further, if the user has incorrect eye alignment (as illustrated as angled overhead perspective view 4 of Figures 16 and 18), then the red second indicia 77 would be visible adjacent the green first indicia 76. The presence of parallax would trigger the user to reorient the tape measure to eliminate the parallax before the marking device can be engaged, and the mark applied to the surface to be marked. [0067] Referring now to Figures 19 through 22, illustrated is a fifth indicator viewer 90. The fifth indicator viewer 90 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The indicator viewer 90 is in alignment with the marking device 80. Thus, the indicator viewer 90 gives the user of an exemplary tape measure 10 a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. The fifth indicator viewer 90 having a first horizontal edge having first indicia 91 applied to at least a portion thereof, and a void 95 defined therethrough, or at least a portion of the way therethrough. The void 95 comprising a surface bearing second indicia 92, as illustrated in Figures 19 and 22. Alternatively, the fifth indicator viewer 90 could comprise a second side opposite the first side to which third indicia is applied to at least a portion thereof. In these figures, first indicia 91 is hatched for the color green, and second indicia 92 is hatched for the color red. A skilled artisan will be able to select an - 14 - WO 2014/160809 PCT/US2014/031917 appropriate indicia, including color thereof, in a particular embodiment based on various considerations, including the intended use of the tape measure the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0068] The indicator viewer 90 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 90. If the first indicia 91 and the second indicia 92 appear to be aligned with one another, as illustrated by the overhead perspective view 6 of Figure 21 where the user has correct eye alignment, then no parallax is present. As viewed by the user, second indicia 92 would be effectively hidden behind first indicia 91. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. [0069] If the first indicia 91 and the second indicia 92 do not appear to be aligned with one another, as illustrated by angled overhead perspective view 4 of Figures 20 and 22 where the user has incorrect eye alignment, then parallax is present. As viewed by the user, second indicia 92 would not be effectively hidden behind first indicia 91, and would be visible. [0070] Further, if the user has incorrect eye alignment (as illustrated as angled overhead perspective view 4 of Figures 20 and 22, then the red second indicia 92 would be visible adjacent the black first indicia 91. The presence of parallax would trigger the user to reorient the tape measure to eliminate the parallax before the marking device can be engaged, and the mark applied to the surface to be marked. [0071] Referring now to Figure 23, illustrated is a sixth indicator viewer 96. The sixth indicator viewer 96 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The indicator viewer 96 is in alignment with the marking device 80. Thus, the indicator viewer 96 gives the user of an exemplary tape measure 10 a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. The sixth indicator viewer 96 having - 15 - WO 2014/160809 PCT/US2014/031917 first indicia 97, and second indicia 98. The first indicia 97 and the second indicia 98 comprise points of reference. In these figures, first indicia 97 is hatched for a first color, and second indicia 98 is hatched for a second color. A skilled artisan will be able to select an appropriate indicia, including color thereof, in a particular embodiment based on various considerations, including the intended use of the tape measure the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0072] The indicator viewer 96 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 96. If the first indicia 97 and the second indicia 98 appear to be aligned with one another, then no parallax is present. As viewed by the user, second indicia 98 would be effectively hidden behind first indicia 97. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. [0073] If the first indicia 97 and the second indicia 98 do not appear to be aligned with one another, then parallax is present. As viewed by the user, second indicia 98 would not be effectively hidden behind first indicia 97, and would be visible. [0074] Referring now to Figure 24, illustrated is an end view detail of the seventh exemplary indicator viewer 160. The indicator viewer 160 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The first indicator viewer 50 is illustrated in Figure 1 as extending across the entire width of the tape 40. Indicator viewer 160 could only extend across a portion of the width of the tape 40. For instance, the indicator viewer 160 has a first side 151 opposite a second side 158, and a bottom side 154 opposite a top side 152. The first side 151 could attach to the housing of the tape measure, leaving the second end 158 free. [0075] The indicator viewer 160 is in alignment with the marking device 80. Thus, the indicator viewer 160 gives the user of an exemplary tape measure a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the - 16 - WO 2014/160809 PCT/US2014/031917 mark to be made by the marking device 80. The seventh indicator viewer 160 having first indicia 153, second indicia 155, and a transparent body. Preferably, first indicia 153 and second indicia 155 are of a color or colors contrasting to the transparent body. A skilled artisan will be able to select an appropriate indicia, including color thereof, in a particular embodiment based on various considerations, including the intended use of the tape measure the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0076] The indicator viewer 160 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 160. If the first indicia 153 and the second indicia 155 appear to be aligned with one another, then no parallax is present. As viewed by the user, second indicia 155 would be effectively hidden behind first indicia 153. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. If the first indicia 153 and the second indicia 155 are misaligned with one another, then parallax is present. [0077] Referring now to Figure 25, illustrated is an end view detail of the seventh exemplary indicator viewer 190. The indicator viewer 190 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The first indicator viewer 50 is illustrated in Figure 1 as extending across the entire width of the tape 40. Indicator viewer 190 could only extend across a portion of the width of the tape 40. The indicator viewer 190 is in alignment with the marking device 80. Thus, the indicator viewer 190 gives the user of an exemplary tape measure a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. [0078] The indicator viewer 190 having a first horizontal edge having first indicia 191 applied to at least a portion thereof, and a void 195 defined therethrough, or at least a portion of the way therethrough. The void 195 comprising surface bearing indicia 192. Preferably, first indicia 191 and second indicia 192 are of contrasting colors. A skilled artisan will be able to select an - 17 - WO 2014/160809 PCT/US2014/031917 appropriate indicia, including color thereof, in a particular embodiment based on various considerations, including the intended use of the tape measure the intended arena within which the tape measure will be used, and the equipment and/or accessories with which the tape measure is intended to be used, among other considerations. [0079] The indicator viewer 190 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 190. If the first indicia 191 and the second indicia 195 appear to be aligned with one another, then no parallax is present. As viewed by the user, second indicia 195 would be effectively hidden behind first indicia 191. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. If the first indicia 191 and the second indicia 195 are misaligned with one another, then parallax is present. [0080] Referring now to Figure 26, illustrated is an end view detail of another exemplary indicator viewer 260. The indicator viewer 260 could replace the first indicator viewer 50 illustrated in Figure 1 in an exemplary tape measure. The indicator viewer 260 is in alignment with the marking device 80. Thus, the indicator viewer 260 gives the user of an exemplary tape measure a precise indication of where the marking device 80, such as marking wheel 84, is aligned, thereby indicating the alignment of the mark to be made by the marking device 80. [0081] The indicator viewer 260 has a first side 251 defining a channel therein. The channel comprising at least two surfaces, namely a first surface and a second surface. A least a portion of the first surface comprises a first indica 253, whereas at least a portion of the second surface comprises second indicia 255. The indicator viewer 260 can be utilized to confirm to the user that no parallax effect is occurring when the user views the indicator viewer 260. If the channel is wide, when if the user can see both the first indicia 253 and the second indicia 155, the indicia are aligned and no parallax is present. If the channel is narrow, when the user can see neither the first indicia 253, nor the second indicia 155, the indicia are aligned and no parallax is present. Again, the indicia (when aligned) pointing at marking indicia on the tape 40 denoting the measurement - 18 - WO 2014/160809 PCT/US2014/031917 of distance from the free end of the tape 40 (having the tape tip 42) to the marking device 80. Once the absence of parallax has been confirmed, the marking device can be engaged, and the mark applied to the surface to be marked. If only one of the first indicia 253 or the second indicia 255 is visible, then the two indicia are misaligned with one another, and parallax is present. [0082] Embodiment A. A second exemplary tape measure is described in this paragraph. The second exemplary tape measure comprises a housing and a measuring tape. The housing for containing a measuring tape therein. The housing having a bottom side and a front side. The front side having a bottom end adjacent the bottom side. The front side defining a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape having measuring indicia thereon. The measuring tape extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked. The second direction perpendicular to the first direction. The housing comprises an indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer comprises first indicia and second indicia. The first indicia and the second indicia oriented parallel to the second direction. The indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another, and with incorrect eye alignment the first indicia and the second indicia appear to be misaligned with one another. [0083] The second exemplary tape measure described in the preceding paragraph could optionally have none, some, or all of the optional elements, components, structures and features described in this paragraph. The indicator viewer could be generally transparent. The indicator viewer could comprise plastic. The indicator viewer could have a bottom surface adjacent the tape blade aperture, with the bottom surface opposite a top surface. The first indicia could be located on the top surface. The second indicia could be located on the bottom surface. The first indicia could be located on the top surface, and the second indicia could be located on the bottom surface. The first indicia could be recessed into the top surface. The second indicia could be recessed into the bottom surface. The first indicia could be embedded within the indicator viewer. The second indicia could be embedded within the indicator viewer. The first indicia could - 19 - WO 2014/160809 PCT/US2014/031917 comprise at least one line. The second indicia could comprise at least one line. The tape measure could further comprise transparent space between the first indicia and the second indicia. The second indicia could comprise at least one polygonal shape. The indicator viewer could comprise a third indicia oriented in a plane perpendicular to the first direction, the third indicia comprises at least one polygonal shape, the third indicia spaced apart from the second indicia, and the third indicia spaced apart from the second indicia. The bottom side could define a bottom side plane, wherein the first indicia is spaced further from the bottom side plane than the second indicia is spaced from the bottom side plane. [0084] Embodiment B. A third exemplary tape measure is described in this paragraph. The tape measure comprises a housing and a measuring tape. The housing contains a measuring tape therein. The housing has a bottom side and a front side. The front side has a bottom end adjacent the bottom side. The front side defines a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape has measuring indicia thereon. The measuring tape is extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, the second direction perpendicular to the first direction. The housing comprises a transparent indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer comprises first indicia, second indicia, and transparent space located between the first indicia and the second indicia. The first indicia and the second indicia oriented parallel to the second direction. The indicator viewer configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another, and with incorrect eye alignment the first indicia and the second indicia appear to be misaligned with one another. [0085] The exemplary tape measure described in the preceding paragraph could optionally have none, some, or all of the optional elements, components, structures and features described in this paragraph. The first indicia could comprise at least one line, and the second indicia could comprise at least one line. - 20 - WO 2014/160809 PCT/US2014/031917 [0086] Embodiment C. A fourth exemplary tape measure is described in this paragraph. The tape measure comprises a housing and a measuring tape. The housing for containing a measuring tape therein. The housing having a bottom side and a front side. The front side having a bottom end adjacent the bottom side. The front side defining a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape having measuring indicia thereon. The measuring tape extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, the second direction perpendicular to the first direction. The housing comprises a transparent indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer comprises a first indicia, a second indicia, and a third indicia. The first indicia, the second indicia, and the third indicia are oriented parallel to the second direction. The indicator viewer is configured such that with correct eye alignment the first indicia, the second indicia, and the third indicia appear to be aligned with one another. The indicator viewer is configured such that with incorrect eye alignment at least one of the first indicia and the second indicia or the first indicia and the third indicia appear to be misaligned with one another. [0087] Embodiment D. A fifth exemplary tape measure is described in this paragraph. The tape measure comprises a housing and a measuring tape. The housing for containing a measuring tape therein. The housing having a bottom side and a front side. The front side having a bottom end adjacent the bottom side. The front side defining a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape having measuring indicia thereon. The measuring tape extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, the second direction perpendicular to the first direction. The housing comprises a transparent indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer comprises a first indicia, and a second indicia. The first indicia could comprise a first point of reference, and the second could comprise a second point of reference. The indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to - 21 - WO 2014/160809 PCT/US2014/031917 be aligned with one another. The indicator viewer is configured such that with incorrect eye alignment at least one of the first indicia and the second indicia or the first indicia and the third indicia appear to be misaligned with one another. [0088] Embodiment E. A sixth exemplary tape measure is described in this paragraph. The tape measure comprises a housing and a measuring tape. The housing for containing a measuring tape therein. The housing having a bottom side and a front side. The front side having a bottom end adjacent the bottom side. The front side defining a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape having measuring indicia thereon. The measuring tape extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, the second direction perpendicular to the first direction. The housing comprises a transparent indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer comprises a first indicia, and a second indicia. The first indicia could comprise a first plane of reference, and the second could comprise a second plane of reference. The indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another. The indicator viewer is configured such that with incorrect eye alignment at least one of the first indicia and the second indicia or the first indicia and the third indicia appear to be misaligned with one another. [0089] Embodiment F. A seventh exemplary tape measure is described in this paragraph. The tape measure comprises a housing and a measuring tape. The housing for containing a measuring tape therein. The housing having a bottom side and a front side. The front side having a bottom end adjacent the bottom side. The front side defining a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape having measuring indicia thereon. The measuring tape extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, the second direction perpendicular to the first direction. The housing comprises a transparent indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer - 22 - WO 2014/160809 PCT/US2014/031917 comprises a first indicia, and a second indicia. The first indicia could comprise a first line of reference, and the second comprises a second line of reference. The indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another. The indicator viewer is configured such that with incorrect eye alignment at least one of the first indicia and the second indicia or the first indicia and the third indicia appear to be misaligned with one another. [0090] Embodiment G. An eighth exemplary tape measure is described in this paragraph. The tape measure comprises a housing and a measuring tape. The housing for containing a measuring tape therein. The housing having a bottom side and a front side. The front side having a bottom end adjacent the bottom side. The front side defining a tape blade aperture therethrough. The tape blade aperture located adjacent the bottom end. The measuring tape having measuring indicia thereon. The measuring tape extendable through the tape blade aperture in a first direction. The housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, the second direction perpendicular to the first direction. The housing comprises a transparent indicator viewer spaced apart from the bottom side and above the tape blade aperture. The indicator viewer aligned with the marking device. The indicator viewer comprises first indicia, and second indicia. The first indicia could comprise indicia selected from the group consisting of at least one of a first line of reference, a first plane of reference, and a first point of reference. The second indicia could comprise indicia selected from the group consisting of at least one of a second line of reference, a second plane of reference, and a second point of reference. The indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another. The indicator viewer is configured such that with incorrect eye alignment at least one of the first indicia and the second indicia or the first indicia and the third indicia appear to be misaligned with one another. [0091] Again, the use of "tape measure" herein means, a measuring device, including but not limited to digital measuring devices, laser rangefinders, laser measuring tools, proximity sensors, optical sensors, tape measures, GPS, magnetic, and sonar, unless the context clearly dictates otherwise. Thus, non-tape measure marking devices are envisioned within this disclosure of exemplary "tape measures." Likewise reference to a "marking" tape measure is not intended to - 23 - WO 2014/160809 PCT/US2014/031917 serve as a requirement that an exemplary tape measure have a marking device and/or marking capabilities. [0092] It is noted that all structure and features of the various described and illustrated embodiments can be combined in any suitable configuration for inclusion in a tape measure according to a particular embodiment. For example, a tape measure according a particular embodiment can include neither, one, or both of first, second and third indicia described above. [0093] The foregoing detailed description provides exemplary embodiments of the invention and includes the best mode for practicing the invention. The description and illustration of these embodiments is intended only to provide examples of the invention, and not to limit the scope of the invention, or its protection, in any manner. - 24 -

Claims (20)

1. A tape measure comprising: a housing for containing a measuring tape therein, said housing having a bottom side and a front side, said front side having a bottom end adjacent said bottom side, said front side defining a tape blade aperture therethrough, said tape blade aperture located adjacent said bottom end; and a measuring tape having measuring indicia thereon, said measuring tape extendable through said tape blade aperture in a first direction; wherein said housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, said second direction perpendicular to said first direction; wherein said housing comprises an indicator viewer spaced apart from said bottom side and above said tape blade aperture, said indicator viewer aligned with said marking device, said indicator viewer comprising a first indicia and a second indicia, said first indicia and said second indicia oriented parallel to said second direction wherein the indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another, and with incorrect eye alignment the first indicia and the second indicia appear to be misaligned with one another.

2. The tape measure of claim 1, wherein said indicator viewer is transparent.

3. The tape measure of claim 2, wherein said indicator viewer comprises plastic.

4. The tape measure of claim 1, wherein said indicator viewer has a bottom surface adjacent said tape blade aperture, said bottom surface opposite a top surface. - 25 - WO 2014/160809 PCT/US2014/031917

5. The tape measure of claim 4, wherein said first indicia is located on said top surface.

6. The tape measure of claim 4, wherein said second indicia is located on said bottom surface.

7. The tape measure of claim 4, wherein said first indicia is located on said top surface, and wherein said second indicia is located on said bottom surface.

8. The tape measure of claim 4, wherein said first indicia is recessed into said top surface.

9. The tape measure of claim 4, wherein said second indicia is recessed into said bottom surface.

10. The tape measure of claim 4, wherein said first indicia is embedded within said indicator viewer.

11. The tape measure of claim 4, wherein said second indicia is embedded within said indicator viewer.

12. The tape measure of claim 1, wherein said first indicia comprises at least one line.

13. The tape measure of claim 1, wherein said second indicia comprises at least one line.

14. The tape measure of claim 1, further comprising transparent space between the first indicia and said second indicia.

15. The tape measure of claim 1, wherein said second indicia comprises at least one polygonal shape. - 26 - WO 2014/160809 PCT/US2014/031917

16. The tape measure of claim 15, wherein said indicator viewer comprises a third indicia oriented in a plane perpendicular to said first direction, said third indicia comprising at least one polygonal shape, said third indicia spaced apart from said second indicia, said third indicia spaced apart from said second indicia.

17. The tape measure of claim 1, wherein said bottom side defines a bottom side plane, and wherein said first indicia is spaced further from said bottom side plane than said second indicia is spaced from said bottom side plane.

18. A tape measure comprising: a housing for containing a measuring tape therein, said housing having a bottom side and a front side, said front side having a bottom end adjacent said bottom side, said front side defining a tape blade aperture therethrough, said tape blade aperture located adjacent said bottom end; and a measuring tape having measuring indicia thereon, said measuring tape extendable through said tape blade aperture in a first direction; wherein said housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, said second direction perpendicular to said first direction; wherein said housing comprises a transparent indicator viewer spaced apart from said bottom side and above said tape blade aperture, said indicator viewer aligned with said marking device, said indicator viewer comprising a first indicia, a second indicia, and transparent space located between said first indicia and said second indicia, said first indicia and said second indicia oriented parallel to said second direction, wherein the indicator viewer is configured such that with correct eye alignment the first indicia and the second indicia appear to be aligned with one another, and with incorrect eye alignment the first indicia and the second indicia appear to be misaligned with one another. - 27 - WO 2014/160809 PCT/US2014/031917

19. The tape measure of claim 18, wherein said first indicia comprise at least one line, and wherein said second indicia comprise at least one line.

20. A tape measure comprising: a housing for containing a measuring tape therein, said housing having a bottom side and a front side, said front side having a bottom end adjacent said bottom side, said front side defining a tape blade aperture therethrough, said tape blade aperture located adjacent said bottom end; and a measuring tape having measuring indicia thereon, said measuring tape extendable through said tape blade aperture in a first direction; wherein said housing further comprises a marking device for applying a mark in a second direction to a surface to be marked, said second direction perpendicular to said first direction; wherein said housing comprises a transparent indicator viewer spaced apart from said bottom side and above said tape blade aperture, said indicator viewer aligned with said marking device, said indicator viewer comprising a first indicia, a second indicia, and a third indicia; wherein said first indicia, said second indicia, and said third indicia are oriented parallel to said second direction, wherein the indicator viewer is configured such that with correct eye alignment the first indicia, the second indicia, and the third indicia appear to be aligned with one another, wherein the indicator viewer is configured such that with incorrect eye alignment at least one of the first indicia and the second indicia or the first indicia and the third indicia appear to be misaligned with one another. - 28 -