RELATED APPLICATIONS  
       [0001]    This application claims priority to provisional application No. 60/282,606, filed Apr. 9, 2001, which is herein incorporated by reference in its entirety. 
     
    
     
       FIELD OF THE INVENTION  
         [0002]    This invention relates generally to an adjustable level. More particularly, the present invention is directed to an adjustable level which may be used to plumb posts and pipes of any shape and size.  
         BACKGROUND OF THE INVENTION  
         [0003]    Spirit or bubble levels used to plumb vertical posts, pipes or poles are well known. For example, U.S. Pat. No. 392,124 to Jackson describes a spirit level attachable to a vertical post with screws. U.S. Pat. No.  3 , 826 , 013  to Baher describes a post level with right-angular arms adapted to engage a circumferential surface of a post. The post level is hand-held against the post and bubble vials indicate the degree of verticality of the post.  
           [0004]    U.S. Pat. No. 6,029,359 to Szumer describes post level including a pair of arms pivotally attached to each other at a hinge, each arm defining at least one level face for plumbing a surface, and at least one bubble vial mounted on at least one of the arms on a surface generally opposite to the at least one level face, wherein the arms may be swung about the hinge so as to be positioned generally parallel with each other with the at least one bubble vial being between the arms.  
           [0005]    U.S. Pat. No. 2,727,314 to Dossie et al. describes a post level which allows plumbing both sides of a vertical corner post simultaneously. This device uses an extended plumbing surface with mirrors to view the bubble vials.  
           [0006]    U.S. Pat. No. 5,207,004 to Gruetzmacher describes a post level defined by a pair of right-angle, non-hinged, rigid walls. A horizontal bubble vial is mounted in each wall, and a vertical bubble vial is mounted at the intersection of the walls.  
           [0007]    U.S. Pat. No. 4,976,040 to Mish et al. describes a post level with a pair of columnar level bodies attachable to a post with elastic bands.  
           [0008]    U.S. Pat. No. 4,343,093 to Eadens describes a post level including a pair of right-angle hinged arms with an orbital bubble vial, known as a “bull&#39;s-eye type” bubble vial, mounted on one of the arms. A chain may be wrapped around a post to attach the level thereto.  
         SUMMARY OF THE INVENTION  
         [0009]    Without limiting the scope of the invention a brief summary of the claimed embodiments of the invention is set forth below. Additional details of the summarized embodiments of the invention and/or additional embodiments of the invention may be found in the Detailed Description of the Invention below.  
           [0010]    The present invention seeks to provide a novel level which may serve as a post or pipe level. In other words, the level of the present invention may be used to plumb any vertical pole or post of any arbitrary cross section and may also be used to horizontally set an object. The present invention also contemplates leveling at an angle.  
           [0011]    The adjustable level may be securely attached to the item to be leveled so as to free both hands of the user for positioning and securing the object while the user maintains a visual check on the bubble level for precise plumbness.  
           [0012]    In the preferred embodiment, the adjustable level comprises an apparatus which is capable of grasping the item to be leveled. In the primary embodiment of the invention, the invention comprises an upper member and a lower member. The upper and lower members are connected via an adjustable mechanism. In the embodiments disclosed in the figures, the mechanism may be a pair of rods which allow the upper member to be drawn toward the lower member, grasping an item, such as a pipe or a pole, leaving the users hands free to adjust the item which is being leveled.  
           [0013]    The upper member may be one piece. Preferably, the upper member comprises multiple pieces, portions or members. In this instance, the upper member comprises a front member and an opposing back member, the two members being separated by a spacer piece. The upper member further comprises a top member mounted on the spacer piece. The top member houses the spirit vials which aids in leveling the subject item. The spirit vials are held at different angles.  
           [0014]    The opposing bottom member preferably comprises one piece. The bottom member may be drawn toward the upper member via the adjustable mechanism. The inner portions of the upper and lower members are configured so as to easily grip the item to be plumbed. In the embodiments shown, this configuration is V-shaped.  
           [0015]    All patent and applications and all other published documents mentioned anywhere in this application are incorporated herein by reference in their entirety. 
       
    
    
     BRIEF DESCRIPTION OF THE DRAWINGS  
       [0016]    [0016]FIG. 1 is a front perspective view of an embodiment of the adjustable level;  
         [0017]    [0017]FIG. 2 is a front view of the upper member of an embodiment of the adjustable level;  
         [0018]    [0018]FIG. 3 is a side view of the upper member of an embodiment of the adjustable level;  
         [0019]    [0019]FIG. 4 is a front view of the upper member of an embodiment of the adjustable level;  
         [0020]    [0020]FIG. 4A is a top view of a portion of the upper member of an embodiment of the adjustable level along lines A-A, as shown in FIG. 4;  
         [0021]    [0021]FIG. 5 is a side view of the upper member of an embodiment of the adjustable level;  
         [0022]    [0022]FIG. 5A is an isolated side view of a portion of the upper member of an embodiment of the adjustable level, as shown in figure;  
         [0023]    [0023]FIG. 6 is a front view of the lower member of an embodiment of the adjustable level;  
         [0024]    [0024]FIG. 7 is a side view of the lower member of an embodiment of the adjustable level;  
         [0025]    [0025]FIG. 8 is a bottom view of the lower member of an embodiment of the adjustable level;  
         [0026]    [0026]FIG. 9 is a front view of an embodiment of the adjustable level;  
         [0027]    [0027]FIG. 9A is a bottom and side view of a bushing positioned in an embodiment of the adjustable level as indicated in FIG. 9;  
         [0028]    [0028]FIG. 10 is a side view of an embodiment of the adjustable level;  
         [0029]    [0029]FIG. 10A is a bottom and side view of a spacer positioned in an embodiment of the adjustable level as indicated in FIG. 9;  
         [0030]    [0030]FIG. 11 is a schematic of the adjustment rod used in joining the upper and lower members;  
         [0031]    [0031]FIG. 11A is a schematic of the pins which engage the tops of the adjustment rods between the front and back members.  
         [0032]    [0032]FIG. 12 is a side view of an embodiment of the invention holding an item to be leveled; and  
         [0033]    [0033]FIG. 13 is a perspective view of an embodiment of the invention holding an item to be leveled. 
     
    
     DETAILED DESCRIPTION  
       [0034]    While this invention may be embodied in many different forms, there are described in detail herein specific preferred embodiments of the invention. This description is an exemplification of the principles of the invention and is not intended to limit the invention to the particular embodiments illustrated.  
         [0035]    For the purposes of this disclosure, unless otherwise indicated, identical reference numerals used in different figures refer to the same component.  
         [0036]    A detailed description of illustrative embodiments of the leveling according to the invention is given herein below with reference to the attached drawings, and possible modifications are discussed by way of conclusion.  
         [0037]    The following statement applies to the whole of the description. If, for the purposes of clarity of the drawings, reference numbers are included in a figure but are not mentioned in the directly associated text of the description, then reference is made to their mention in preceding figure descriptions. In the interests of intelligibility, the repeated designation of components in succeeding figures is for the most part omitted, if it is clear from the drawings that the components concerned are recurring components.  
         [0038]    The present invention is an adjustable level which is configured to engage items which are difficult to adjust. FIG. 1 shows a perspective view of embodiment of the invention. The level  10  comprises an upper member  12  and a lower member  14  adjustably connected together. In this particular embodiment, the upper  12  and lower  14  members are adjustably connected to each other via rods  16  and  18 . In this case, the rods are threaded to receive wing nuts  20 ,  22 . As seen in FIG. 1, the rods are held in place by the upper member  12  at portions  24  and  26 , stationary relative thereto, and slidably received by the lower member  14  at portions  28  and  30 . This arrangement allows the members  12 ,  14  to be brought together along the line of the rods to engage the item which is to be leveled.  
         [0039]    In this particular embodiment, portions  24  and  26  have openings (not shown) through which the rods  16 ,  18  are inserted. In this embodiment, pins  25  and  27  adjustably hold the rods  16 ,  18  in place. This securement mechanism may take many forms. The mechanism used should be capable of securing the rods  16 ,  18  in place, preferably in an adjustable manner such that the rods  16 ,  18  may be adjusted.  
         [0040]    In this particular embodiment, spirit vials  32 ,  34 ,  36  are incorporated into the upper member  12 . The vials are inset into the upper member  12  at angles helpful to the user. As will be explained later, the vials may be view from both sides, as well as from the top and sides. FIG. 1 shows the vials in positions relative to the level which include a 45°  32 , horizontal  34  and vertical  36 , respectively. In this embodiment the vials are inset into the upper portion  38  upper member  12 , although this is not necessary for the invention. It should be understood that other variations of this mechanism may be chosen.  
         [0041]    The bottom portion  40  of the upper member  12  is shaped so as to receive the item which is to be leveled. In FIG. 1, the bottom portion is configured to have an upside down “V” shape. It should be understood that the shape of the bottom portion  40  may be in a number of configurations as long as the invention is capable of engaging and holding the item to be leveled. Typically, the item is tubular. As such, the embodiment shown incorporates opposing “V” shapes to securely hold a tubular object.  
         [0042]    In the embodiment of FIG. 1, the upper member is shown as a one piece unit. As will be explained later, the upper member is preferably a multi-piece or multi-portion unit.  
         [0043]    The lower member  14  includes a top portion  42  which similarly has a “V” shaped configuration, opposingly situated to the bottom portion  40  of the upper member  12 . The top portion  42  and the bottom portion  40  work together in a coordinated manner so as to securely grasp the item to be leveled. As mentioned above, the shape of the top portion  42  may be in a number of configurations as long as the invention is capable of engaging and holding the item to be leveled  
         [0044]    The upper member  12  and the lower member  14  are held together by an adjustment mechanism. The purpose of the adjustment mechanism is to draw the upper member  12  and the lower member  14  together to grasp the item to be leveled. It should be understood that the mechanism which draws the upper member  12  and the lower member  14  together may take a number of forms. However, in the preferred embodiment shown in FIG. 1, the mechanism takes the form of a pair of bolts/rods  16 ,  18  secured to the upper member  12  through portions  24  and  26  and to the lower member  14  through portions  28  and  30 . This allows the user to draw the two the members together. This mechanism allows the user to easily adjust the positioning of the members  12 ,  14  relatively to one another.  
         [0045]    The upper portion of the rod  44  is held in place by the upper member at portion  26 . The rod may be repositioned and secured at this portion. However, the main purpose of portion  26  is to hold the rod  18  so that the distance between the upper member  12  and the lower member  14  may be adjusted from the connection between the rod  18  and the lower member  14  at portion  30 .  
         [0046]    Portion  30  includes a opening through which the rod  18  extends. The bottom end of the rod  18  is engaged by a wing nut  22 . It should be understood that the mechanism which adjusts the distances between the members may take many forms. In this particular case as shown in FIG. 1, the wing nut  22  allows the user to draw the lower member  14  toward the upper member  12 .  
         [0047]    The upper portion of the rod  46  is held in place by the upper member at portion  24 . The rod may be repositioned and secured at this portion. However, the main purpose of portion  24  is to hold the rod  16  so that the distance between the upper member  12  and the lower member  14  may be adjusted from the connection between the rod  18  and the lower member  14  at portion  28 .  
         [0048]    Portion  24  includes a opening through which the rod  16  extends. The bottom end of the rod  16  is engaged by a wing nut  22 . It should be understood that the mechanism which adjusts the distances between the members may take many forms. In this particular case as shown in FIG. 1, the wing nut  22  allows the user to draw the lower member  14  toward the upper member  12 .  
         [0049]    The embodiments shown in the figures have  3  level vials inset within the upper portion  38  of the upper member  12 . It should be understood that the number and location of the vials may be dictated by the needs of the user. It should also be understood that the upper member  12  may be removed from the lower member  14  and be used by itself as a level on any surface.  
         [0050]    The remaining figures illustrate the invention in detail. The upper member  12  of the embodiment of the remaining figures comprises multiple pieces or portions, as apposed to the one-piece construction of the embodiment of figure on. However, it should be understood that the remaining characteristics are interchangeable.  
         [0051]    [0051]FIG. 2 is a front view of the upper member  12 . In this particular embodiment, the lower portion  40  of the upper member  12  forms an upside down “V”. The level vials  32 ,  34 ,  36  are positioned in the upper portion  38 . A side view, as shown in FIG. 3, of the upper member  12  illustrates the portions which make up the upper member  12 . The upper member  12  comprises a front member  48  and a back member  50  connected by spacer piece  52 . The upper portion comprises a top member  54 , which incorporates the level vials. The upper portion is connected to or is formed into the spacer piece  52 . It should be understood that the interconnection between the portions may be accomplished in other ways such as welding or adhering. A relief hole  56  extends from bored hole  66 . Similar relief holes  85 ,  87  are found as extensions of bored holes  62  and  64 . The relief holes are extensions of the bored holes for the release of air when removing and inserting the level vials.  
         [0052]    Front member  48  also comprises portions  82  and  84 , which incorporate holes  61  and  58 . The opposing back member  50  comprises mirroring portions  86  and  88  (seen in FIG. 13) and holes  80  (remaining hole of back member  50  not shown). These mirroring holes in the multi-piece upper member  12  hold the pins  60 ,  90 , which in turn hold the top portions of rods  16  and  18 . FIGS. 3 and 5 show in phantom lines hole  61  and  80  through which pin  60  (as with pin  90 , both seen in FIGS.  12 - 13 ) is inserted to hold the front member  48  and the back member  50  together, if not already secured together, as well as holding the level rod  16  in place relative to the upper member  12 . This holds true in mirror image with pin  90  and rod  18 .  
         [0053]    It should be understood that, although upper member  12  is referred to as multi-piece, the various portions or pieces may be formed by machining a single piece. As such, pieces and members of the upper member  12  may also be thought of as portions of a machined upper member  12 .  
         [0054]    [0054]FIGS. 4, 4A,  5 A and  5  further illustrate the upper portion  12 . FIG. 4 shows a more detailed view of the front of the upper member  12 . FIG. 4A shows a top view of the angled level vial. As can be seen in phantom lines, the top member  54  has bored holes  62 ,  64 ,  66  into which the level vials  32 ,  34 ,  36  may be inserted. The figures show the bored holes at certain angles to receive the vials. In this particular embodiment, bored hole  64  crosses bored hole  66 . In this case, vial  34  is inserted first into bored hole  64 . Vial  36  is then inserted into bored hole  66 . The side views of FIGS. 5 and 5A illustrate the end of bored hole  64 .  
         [0055]    Windows or openings  68 ,  70 ,  72  are incorporated to view the level vials. The edges of the windows are beveled for easier viewing. However, this not necessary for the invention. FIG. 4A further illustrates bored hole  62  and at a window  69  and the placement of the vial  32  within the bored hole  62 . Window  69  is viewed from the top of the upper portion  38 . Bored hole  64  can also be seen from the top via window  71 . Vial  36  can also be seen via window  73  as shown in FIG. 5. As can be seen, the vials are at angles which are likely to be most useful to the user. FIG. 5A shows a more detailed look at the end of bored hole  64 . It demonstrates the machining of the indicated portion of FIG. 5.  
         [0056]    [0056]FIG. 6 illustrates the front of the lower member  14 . In this particular embodiment, the upper portion  42  of the lower member  14  forms a “V”. As mention above, it should be understood that the shape of the top portion  42  may be in a number of configurations as long as the invention is capable of engaging and holding the item to be leveled. Unlike the upper member  12 , which may comprise more than one piece, the lower member is preferably one piece. However, the invention contemplates an embodiment in reverse fashion, wherein the lower member comprises multiple pieces, while the upper member comprises a single piece.  
         [0057]    A side view and a bottom view of the lower member  14  are shown in FIGS. 7 and 8. Portions  28  and  30  receive the bottom of rods  16  and  18  through openings  29  and  31 . Although the openings  29  and  31  may take a number of configurations, the present embodiment takes the form of a slotted opening allowing a loosened rod to be separated from the lower portion  14  from the side. The figures also utilize phantom lines to illustrate this embodiment. For example, Recess portions  111  and  112  can be seen in FIGS. 6 and 7. These recesses are formed to receive bushings as described below.  
         [0058]    [0058]FIGS. 9, 9A,  10  and  10 A illustrate one embodiment of the entire level, wherein the upper member  12  is multi-pieced or multi-portioned and the lower member  14  is single-pieced, as described above. FIG. 9 shows the lower member  14  fully drawn up toward the upper member  12 . As can be seen, the single piece lower member  14  is drawn up in between the front member and the back member of the upper member  12 . The wing nuts are not shown. FIG. 10 shows a side view illustrating how lower member  14  fits between the front and back members of the upper member  12 . This allows the level to engage smaller diameter pipes.  
         [0059]    As mentioned above, it is contemplated that the upper member may be one piece, as in FIG. 1, while the lower member is multi-pieced, as described with regard to the upper member in FIGS.  2 - 5 . This may be achieved simply by incorporating the spirit vials into the lower member  14  rather than the upper member  12 .  
         [0060]    [0060]FIG. 9A shows a bottom and side view of bushings B, having openings  115 , preferably metal, for the wing nuts  20 ,  22  to spin on. These bushings are incorporated within portions  28  and  30 , through which the rods  16 ,  18  are inserted. It should be understood, as mentioned above, that these receiving holes may be slotted.  
         [0061]    [0061]FIG. 10A shows a front and side view of the spacers A, having openings  117 , which hold the threaded rods  16 ,  18  on center between the front and back members  48 ,  50 . The spacers are on the cross-bar/pins  60 ,  90  on either side of the threaded rods  16 ,  18 . The tops of the threaded rods are engaged by the pins  60 ,  90 .  
         [0062]    [0062]FIGS. 11 and 11A illustrate the rods  16 ,  18  and the pins  60 ,  90 . FIG. 11 shows a side view and a cross-section view of rods  16  and  18 . The rods are preferably threaded on either end and made of metal or plastic. The threading along the rods may extend the full length of the rods. FIG. 11A illustrates pins  60 ,  90 , which hold the upper portions of rods  18  and  16 . Pins  60  and  90  have a hole  110 , preferably threaded, which receives rods  16  and  18 .  
         [0063]    [0063]FIGS. 12 and 13 show the level in use holding a portion of a tube  94 . The figures illustrate how the level grips the item to be leveled. FIG. 12 shows the level from the side view window  73  of bored hole  66 . Most of the elements labeled have been discussed above. The spatial relationship between the upper member  12  and the lower member  14  can easily be seen. The spacer  52  separates the front member  48  from the back member  50 . Portions  82  and  86  can be seen securely holding pin  60  in holes  61  and  80 , which in turn receives and holds rod  16 . The bottom of rod  16  is held in hole  29  of portion  28 .  
         [0064]    More attributes maybe seen in FIG. 13 which shows a perspective view of the other side of the level. The vials may be seen from the side windows  68 ,  70 ,  72 , mirroring the windows (not shown) on the opposite side of the top member  54 . Portions  84  and  88  can be seen securely holding pin  90  in holes  58  and  59 , which in turn receives and hold rod  18 . The bottom of rod  18  is held in hole  31  of portion  30 .  
         [0065]    The embodiment in FIG. 13 shows the front and back members  48 ,  50  comprising top bars  96 ,  98 . Top bar  96  ends in portions  84  and  82  and top bar  89  ends in portions  86  and  88 . The front and back members  48 ,  50  may be of one piece construction or may comprise the top bars connected to gripping portions  100 ,  102 . The pieces may be connected via suitable methods, such as welding or adhering.  
         [0066]    A number of materials may be used for the construction of the level, preferably, metal and/or plastic, or a combination thereof.  
         [0067]    In addition to being directed to the embodiments described above and claimed below, the present invention is further directed to embodiments having different combinations of the dependent features described above and/or claimed below.  
         [0068]    Various changes and modifications can be made to the present invention. It is intended that all such changes and modifications come within the scope of the invention as set forth in the following claims.  
         [0069]    Elements not identified in a particular figure are readily identifiably via their identification in other figures.  
         [0070]    It should be understood that individual features of the above embodiments may stand alone as improvements or may be combined with each other in multiple configurations where physically possible. The proportional representation illustrated by the figures also represents structural disclosure of various embodiments.  
         [0071]    If not described in detail above, the proportions and relative construction of the embodiments may be interpreted from the figures. Any inconsistencies between the figures and the description should be seen as alternative embodiments. Variations in the relative construction which do not change the inventive concepts presented herein are contemplated as possible embodiments of the invention.  
         [0072]    The above examples and disclosure are intended to be illustrative and not exhaustive. These examples and description will suggest many variations and alternatives to one of ordinary skill in this art. All these alternatives and variations are intended to be included within the scope of the claims, where the term “comprising” means “including, but not limited to”. Those familiar with the art may recognize other equivalents to the specific embodiments described herein which equivalents are also intended to be encompassed by the claims. Further, the particular features presented in the dependent claims can be combined with each other in other manners within the scope of the invention such that the invention should be recognized as also specifically directed to other embodiments having any other possible combination of the features of the dependent claims. For instance, for purposes of claim publication, any dependent claim which follows should be taken as alternatively written in a multiple dependent form from all prior claims which possess all antecedents referenced in such dependent claim if such multiple dependent format is an accepted format within the jurisdiction (e.g. each claim depending directly from claim  1  should be alternatively taken as depending from all previous claims). In jurisdictions where multiple dependent claim formats are restricted, the following dependent claims should each be also taken as alternatively written in each single dependent claim format which creates a dependency from a prior antecedent-possessing claim other than the specific claim listed in such dependent claim below (e.g. claim  6  may be taken as alternatively dependent from any of claims  2 - 5 , claim  4  may be taken as alternatively dependent from claim  3 ; etc.).
The present invention provides a leveling apparatus which is capable of gripping items to be leveled, such as pipes and poles. The invention further contemplates a one piece level for leveling flat surfaces.