DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group III, claims 17,18 and 63, in the reply filed on 6/16/26 is acknowledged.
Claim Objections
Claims 33,34 and 72 are objected to because of the following informalities: The claims depend from claim 17 which is drawn to a vision mounting system, as such the claims should start with “The vision mounting system” as opposed to “The system”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17,18,33,34,63,71 and 72 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 17 it is unclear how the device release is structured and arranged. The claim states that “the vertical adjustment sub-assembly is configured to provide a device release whereby components of the vertical adjustment sub-assembly are configured to release the vision mounting system from the device mount”. However the application only discloses a device release(22) on the shroud adapter assembly(20), and not on the vertical adjustment sub-assembly. The device release(22) engages with components of the vertical adjustment sub-assembly, however none of these components are “configured to release the vision mounting system from the device mount” as recited in the claim. It appears that the claim should read that “the vertical adjustment sub-assembly is configured to cooperate with a device release whereby components of the vertical adjustment sub-assembly are configured to be released by the device mount, to release the vision mounting system from the device mount” as this is what was meant to be claimed per the examiner’s best understanding of the claimed invention.
In claim 18, lines 4-5, the portion of the claim reading “with the upper and lower stop members and a pin that is attached to a user input member and provided by a device mount assembly” is unclear. It is unclear what is being defined in relation to the upper and lower stop members. In claim 18 it is further unclear how the device mount assembly relates to the claimed invention, and whether it is meant to reference the device mount already recited in the claim, or a separate element.
In claim 34 there is no antecedent basis for the terms “the shroud adapter assembly”, “the shroud adapter” and “the mounting system”. With regards to the shroud adapter assembly and shroud adapter, it is unclear if this is meant to reference the shroud or shroud adapter of claim 18, if so then the claims must be amended to depend from claim 18, and consistent terminology should be used throughout the claims. With regards to “the mounting system” it is unclear if this is meant to reference the entire vision mounting system being claimed, portions thereof, or some other element.
In claim 63 it is unclear how the target mating surface relates to the claimed invention.
In claim 71 it is unclear how the shroud adapter assembly or helmet are related to the claimed invention.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 17,18,33,34,63,71 and 72 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Teetzel et al.(US8739313).
[claim 17] Teetzel teaches a vision mounting system(fig 1) with a gantry(152) coupled to a device mount(104) and to a cooperating carriage(136) and comprising a vertical adjustment sub-assembly(120,152,160) that is configured to provide a device release(156) whereby components of the vertical adjustment sub-assembly are configured to release the vision mounting system from the device mount(C4 L46-56).
[claim 18] wherein the device mount comprises a shroud or shroud adapter(104) defined by or coupled to a helmet(108), wherein the components comprise laterally spaced apart, longitudinally extending rails(162), and upper(upper end of 164) and lower stop members(168) provided by a rear surface of the gantry, with the upper and lower stop members and a pin(167) that is attached to a user input member(156) and provided by a device mount assembly, and wherein the pin travels laterally in a slot(159) of the device mount assembly in response to actuation of the user input member.
[claim 33] wherein the vertical adjustment sub-assembly comprises a knob(360) rotatably coupled to a side of the gantry.
[claim 34] wherein the vertical adjustment sub-assembly further comprises a clamp(366) in communication with the knob, wherein in response to rotation of the knob in a first direction, the clamp moves to unclamp from features(rails 162) on a surface of the shroud adapter assembly and features of the gantry(body of gantry between knob 360 and clamp 366) to allow for vertical adjustment of the gantry relative to the shroud adapter assembly, and wherein in response to rotation of the knob in a second direction, the clamp moves to clamp against features of the surface of the shroud adapter to clamp the mounting system to the shroud adapter assembly and the gantry(C6 L18-34).
[claim 72] wherein the clamp comprises angled clamp surfaces(ears 367, C6 L31-34).
[claim 63] Teetzel teaches a vision mounting system comprising: a gantry(152); a carriage(136) comprising a hinge axle(324) coupled to the gantry whereby the carriage is configured to rotate relative to the gantry; and a vertical adjustment sub-assembly(152,160,120) comprising a knob(360) coupled to the gantry and a laterally extendable clamp(366) whereby rotational input to the knob moves the clamp linearly inward in a lateral direction(C6 L18-34) to clamp against features(rails 162) on a surface of a target mating surface and against features of the gantry(body of gantry 152 between knob 360 and clamp 366) to thereby lock the vision mounting system in a desired vertical position and allow for vertical adjustment of the gantry.
[claim 71] wherein the features on the surface of a target mating surface are provided by a shroud adapter assembly(160) or helmet(fig 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US7219370.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 5712724979. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632
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