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 .
DETAILED ACTION
This Office Action is in response to the Applicant’s communication filed on 8 December 2025. In virtue of this communication, claims 1-69 are currently presented in the instant application. Presently, claims 1-31, 33, and 68 have been cancelled. In the Office Action on 16 October 2025, claims 32, 34-67, and 69 were held to be allowable, and claims 32 and 44 were amended by Examiner’s Amendment. This notice of allowability is being withdrawn in light of the documents submitted with the IDSs on 12/8/2025. In summary (see below for full rejections), the most notable reason for the withdrawal has been the convergent subject matter of this application and application since the application was allowed, where issues of double patenting are now present.
For all the purposes of the rejections below, the claims will be considered in their last submitted format (claims 32, 34-67, and 69) rather than renumbered as in the issue classification, and the Examiner’s Amendments of the 16 October 2025 Office Action will be maintained.
Information Disclosure Statement(s)
The information disclosure statement(s) (IDS) submitted on 12/8/2025 and 12/8/2025 is/are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 32, 34-35, 37-39, 41-47, 63-67 and 69 is/are rejected under 35 U.S.C. 103 as being unpatentable over Profoto Off-Camera Flash System brochure (herein known as Profoto, supplied with the IDS submitted on 12/8/2025) in view of Maynard (Patent No.: US 2,953,970 A, herein known as Maynard).
With respect to claim 32, Profoto discloses a flash housing for photographic purposes (Profoto B1 or B2, see annotated image below), said flash housing comprising:
a flash former (pg. 30, Technical Data, B1 500 AirTTL, “20W LED”; B2 Head, “LED 9W”) arranged to generate a flash light (see id., “Flash duration Normal mode (t0.5): 1/11,000s (2Ws) - 1/1,000s (500Ws)” and “Flash duration Freeze mode (t0.5): 1/19,000s (2Ws) - 1/1,000s (500Ws)” for B1; and “Flash duration Normal mode (t0.5): 1/9,300s (2Ws) - 1/1,000s (500Ws)” and “Flash duration Freeze mode (t0.5): 1/15,000s (2Ws) - 1/1,000s (500Ws)” for B2),
a lens (translucent front cover; see Profoto pg. 1 images and image below) arranged to let at least part of the generated flash light out of the flash housing (“off-camera flash,” pg. 2) , the lens having a substantially circular cross-section (see, for example, below), and
a flash housing fastener (front ring, see image below) for attachment of a flash light shaping tool (Profoto, pg. 18-19), the flash housing fastener configured for attachment of the flash light shaping tool on top of the lens (“in front of the off-camera flash,” pg. 18), the flash housing fastener arranged along a border of the lens (see dotted arrows in images below), for engagement with a corresponding fastener at the flash light shaping tool (e.g., a speedring; see pg. 12), wherein the fastener of the flash light shaping tool is ring shaped and at least partly formed by a ferromagnetic material (see below),
wherein the flash housing fastener is ring shaped (see below and speedring of page 12), and
wherein the fastening surface of the flash housing fastener is configured to connect to the fastener of the flash light shaping tool.
Profoto does not disclose a flash housing wherein the flash housing fastener is at least partly formed by a ferromagnetic material, or the flash housing fastener being for magnetic engagement, wherein the flash housing fastener has a fastening surface facing in the main direction of the flash light let out of the lens, and wherein the flash housing fastener is within an outside perimeter of the flash housing
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Maynard teaches an optical system comprising a flash housing fastener at least partially formed by a ferromagnetic material (magnetically permeable portion 42 of the flash housing fastener magnetically attaches to permanently magnetic portion 23 of the fastener of the light shaping tool; Fig. 4), wherein the flash housing fastener has a fastening surface facing in the main direction of the flash light (see Fig. 4, either the surface where 42 is pointing is facing the exterior direction, or the surfaces 40 of the barrel ring also extend in the main direction of the flash light), and wherein the flash housing fastener is within an outside perimeter of the flash housing (the flash housing includes the barrel ring 40 which defines a recess 41 into which the flash light shaping tool is inserted; Fig. 4; Column 4 lines 48-54).
It would have been obvious to one of ordinary skill in the art to modify the flash housing of Profoto by arranging a ring-shaped ferromagnetic housing element as taught by Maynard along the border of the lens element and extending within the flash housing in order to simplify and improve interchangeability of light shaping tools (Maynard teaches that the fastening system has the advantage of being simple with readily interchangeable components and easily manufactured; Column 4 lines 61-63).
With respect to claim 34, the combination of Profoto and Maynard further discloses a flash housing wherein the flash housing fastener radially extends from the plane of an external lens surface of the lens (the housing barrel of Maynard is utilized in the combination which radially extends from the plane of an external lens surface of the lens; see Maynard Fig. 4 where the magnetically permeable element 42 and the barrel 41 extend from the unreferenced lens element, which would be the translucent front cover of the combination seen in the annotated figure above).
With respect to claim 35, the combination of Profoto and Maynard further discloses a flash housing wherein the flash housing fastener encloses the entire border of the lens (the housing barrel of Maynard is utilized in the combination which surrounds the entire border of the lens; see Fig. 4 where the magnetically permeable element 42 and the barrel 41 surround on all sides of the unreferenced lens element, which would be the translucent front cover of the combination seen in the annotated figure above).
With respect to claim 37, Profoto discloses a set comprising a flash housing for photographic purposes and at least one flash light shaping tool (see annotated images above; flash light shaping tool (Profoto, pg. 18-19), wherein the flash housing comprises a flash former arranged to generate a flash light (pg. 30, Technical Data, B1 500 AirTTL, “20W LED”; B2 Head, “LED 9W”) arranged to generate a flash light (see id., “Flash duration Normal mode (t0.5): 1/11,000s (2Ws) - 1/1,000s (500Ws)” and “Flash duration Freeze mode (t0.5): 1/19,000s (2Ws) - 1/1,000s (500Ws)” for B1; and “Flash duration Normal mode (t0.5): 1/9,300s (2Ws) - 1/1,000s (500Ws)” and “Flash duration Freeze mode (t0.5): 1/15,000s (2Ws) - 1/1,000s (500Ws)” for B2) and a lens arranged to let at least part of the generated flash light out of the flash housing (translucent front cover; see Profoto, pg. 1 images and image above),
wherein the flash housing and the at least one flash light shaping tool each comprises a respective fastener for engagement of the flash light shaping tool with the lens, the fastener of the flash housing arranged along a border of the lens (see annotated image above; “in front of the off-camera flash,” pg. 18), for engagement with the corresponding fastener at the flash light shaping tool (e.g., a speedring; see pg. 12), wherein the lens has a substantially circular cross-section (see annotated image above),
wherein the fastener of the flash housing is ring shaped (see annotated image above),
wherein the fastener of the flash light shaping tool is ring shaped (e.g., a speedring; see pg. 12) and arranged to engage with the ring-shaped fastener of the flash housing.
Profoto does not disclose a flash housing wherein the flash housing fastener and the fastener of the flash light shaping tool is at least partly formed by a ferromagnetic material, or the flash housing fastener being for magnetic engagement, wherein the flash housing fastener has a fastening surface facing in the main direction of the flash light let out of the lens, and wherein at least a part of the fastener of the flash housing is between the flash housing and at least a part of the lens.
Maynard teaches an optical system comprising a flash housing fastener and a fastener of the flash light shaping tool is at least partially formed by a ferromagnetic material (magnetically permeable portion 42 of the flash housing fastener magnetically attaches to permanently magnetic portion 23 of the fastener of the light shaping tool; Fig. 4), wherein the flash housing fastener has a fastening surface facing in the main direction of the flash light (see Fig. 4, either the surface where 42 is pointing is facing the exterior direction, or the surfaces 40 of the barrel ring also extend in the main direction of the flash light), and wherein at least part of the fastener of the flash housing is between the flash housing and at least a part of the lens (the flash housing includes the barrel ring 40 which defines a recess 41 into which the flash light shaping tool is inserted; Fig. 4; Column 4 lines 48-54; this recess is located between the barrel ring 40 and the lens element of the combination).
It would have been obvious to one of ordinary skill in the art to modify the flash housing of Profoto by arranging a ring-shaped ferromagnetic housing element as taught by Maynard along the border of the lens element and extending within the flash housing in order to simplify and improve interchangeability of light shaping tools (Maynard teaches that the fastening system has the advantage of being simple with readily interchangeable components and easily manufactured; Column 4 lines 61-63).
With respect to claim 38, the combination of Profoto and Maynard further discloses a set wherein the fastener of the flash housing is within an outside perimeter of the flash housing (Maynard: the flash housing includes the barrel ring 40 which defines a recess 41 into which the flash light shaping tool is inserted, all of which are within the outside total perimeter of the housing of the flash housing; Fig. 4; Column 4 lines 48-54).
With respect to claim 39, the combination of Profoto and Maynard further discloses a set wherein the flash housing fastener radially extends from the plane of an external lens surface of the lens (the housing barrel of Maynard is utilized in the combination which radially extends from the plane of an external lens surface of the lens; see Maynard Fig. 4 where the magnetically permeable element 42 and the barrel 41 extend from the unreferenced lens element, which would be the translucent front cover of the combination seen in the annotated figure above).
With respect to claim 41, the combination of Profoto and Maynard does not disclose a set wherein the set comprises a plurality of flash light shaping tools that are stackable (in the combination as described in claim 37 only the single attachment is shown).
Maynard further teaches a light shaping tool that is stackable and attachable to another light shaping tool (see Figs. 1 and 3, where a second retaining ring 13 and magnet 23 are attached, and also is described in Column 3 lines 15-39 any number of retaining rings may be utilized with any number of optical elements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the set of the combination of Profoto and Maynard by utilizing the stackable retaining elements of the light shaping tool of Maynard in order to conveniently combine the effects of various light shaping tools (as described in the section cited above).
With respect to claim 42, the combination of Profoto and Maynard further discloses a set wherein the flash light shaping tools are connected to each other by magnetic engagement (Maynard: see Figs. 1 and 3, where a second retaining ring 13 and magnet 23 are attached, and also is described in Column 3 lines 15-39 any number of retaining rings may be utilized with any number of optical elements).
With respect to claim 43, the combination of Profoto and Maynard further discloses a set wherein each of the at least one flash light shaping tool comprises a respective additional fastener for magnetic engagement with another light shaping tool on top of one flash light shaping tool (Maynard: see Figs. 1 and 3, where a second retaining ring 13 and magnet 23 are attached, and also is described in Column 3 lines 15-39 any number of retaining rings may be utilized with any number of optical elements).
With respect to claim 44, Profoto discloses a flash light shaping tool for attachment to a flash housing for photographic purposes, said flash housing comprising a flash former (pg. 30, Technical Data, B1 500 AirTTL, “20W LED”; B2 Head, “LED 9W”) arranged to generate a flash light (see id., “Flash duration Normal mode (t0.5): 1/11,000s (2Ws) - 1/1,000s (500Ws)” and “Flash duration Freeze mode (t0.5): 1/19,000s (2Ws) - 1/1,000s (500Ws)” for B1; and “Flash duration Normal mode (t0.5): 1/9,300s (2Ws) - 1/1,000s (500Ws)” and “Flash duration Freeze mode (t0.5): 1/15,000s (2Ws) - 1/1,000s (500Ws)” for B2) and a lens arranged to let at least part of the generated flash light out of the flash housing (translucent front cover; see pg. 1 images and annotated image above), and a flash housing fastener for attachment of a flash light shaping tool, the flash housing fastener configured for attachment of a flash light shaping tool on top of the lens (front ring, see image above),
wherein the lens has a substantially circular cross-section (translucent front cover; see pg. 1 images and annotated image above),
wherein the flash housing fastener is ring shaped, is arranged along a border of the lens, has a fastening surface facing in the main direction of the flash light let out of the lens (front ring, see image above), and is at least partly formed by a ferromagnetic material,
wherein the flash light shaping tool comprises a first fastener, wherein the first fastener is ring shaped arranged to engage with the ring-shaped fastener of the flash housing on top of the lens (pg. 18-19; e.g., a speedring; see pg. 12, and annotated figure above and arguments above for claim 32), and
wherein the first fastener of the flash light shaping tool is configured to connect to the fastening surface of the flash housing fastener (purpose of attachment of the shaping tool, such as the speedring, to the flash housing).
Profoto does not disclose that the flash housing fastener is at least partly formed by a ferromagnetic material, that the first fastener is at least partly formed by a ferromagnetic material arranged to engage magnetically with the fastener of the flash housing, wherein the fastening surface faces in the main direction of the flash light let out of the lens, or wherein the flash light shaping tool is configured to engage the fastening surface in a recess of the flash housing.
Maynard teaches an optical system comprising a flash housing fastener and fastener at the light shaping tool at least partially formed by a ferromagnetic material (magnetically permeable portion 42 of the flash housing fastener magnetically attaches to permanently magnetic portion 23 of the fastener of the light shaping tool; Fig. 4), wherein the flash housing fastener has a fastening surface facing in the main direction of the flash light (see Fig. 4, either the surface where 42 is pointing is facing the exterior direction, or the surfaces 40 of the barrel ring also extend in the main direction of the flash light), and wherein the flash light shaping tool is configured to engage the fastening surface in a recess of the flash housing (the flash housing includes the barrel ring 40 which defines a recess 41 into which the flash light shaping tool is inserted; Fig. 4; Column 4 lines 48-54).
It would have been obvious to one of ordinary skill in the art to modify the flash housing of Profoto by arranging a ring-shaped ferromagnetic housing element as taught by Maynard along the border of the lens element and extending within the flash housing in order to simplify and improve interchangeability of light shaping tools (Maynard teaches that the fastening system has the advantage of being simple with readily interchangeable components and easily manufactured; Column 4 lines 61-63).
With respect to claim 45, the combination of Profoto and Maynard further discloses a shaping tool wherein the flash housing fastener radially extends from the plane of an external lens surface of the lens (the housing barrel of Maynard is utilized in the combination which radially extends from the plane of an external lens surface of the lens; see Maynard Fig. 4 where the magnetically permeable element 42 and the barrel 41 extend from the unreferenced lens element, which would be the translucent front cover of the combination seen in the annotated figure above).
With respect to claim 46, the combination of Profoto and Maynard does not disclose a flash light shaping tool wherein the flash light shaping tool is stackable (in the combination as described in claim 44 only the single attachment is shown).
Maynard further teaches a light shaping tool that is stackable and attachable to another light shaping tool (see Figs. 1 and 3, where a second retaining ring 13 and magnet 23 are attached, and also is described in Column 3 lines 15-39 any number of retaining rings may be utilized with any number of optical elements).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash light shaping tool of the combination of Profoto and Maynard by utilizing the stackable retaining elements of the light shaping tool of Maynard in order to conveniently combine the effects of various light shaping tools (as described in the section cited above).
With respect to claim 47, the combination of Profoto and Maynard further discloses a flash light shaping tool wherein the flash light shaping tool is attachable to another flash light shaping tool by magnetic engagement (Maynard: see Figs. 1 and 3, where a second retaining ring 13 and magnet 23 are attached, and also is described in Column 3 lines 15-39 any number of retaining rings may be utilized with any number of optical elements).
With respect to claim 63, the combination of Profoto and Maynard further discloses a flash housing wherein at least a part of the flash housing fastener is between the flash housing and at least a part of the lens (Maynard: the flash housing includes the barrel ring 40 which defines a recess 41 into which the flash light shaping tool is inserted; Fig. 4; Column 4 lines 48-54; this recess is located between the barrel ring 40 and the lens element of the combination).
With respect to claim 64, the combination of Profoto and Maynard further discloses a flash housing wherein the flash housing fastener or the fastener of the flash light shaping tool comprises at least one permanent magnet (Maynard: permanently magnetic portions 23).
With respect to claim 65, the combination of Profoto and Maynard further discloses a flash housing wherein the flash housing fastener is positioned on one side of a plane defined by an outer edge of the flash housing, the one side facing opposite the main direction of the flash light let out of the lens (see Fig. 4 of Maynard; the side of a plane defined by an outer edge of the flash housing would be the top portion of barrel ring 40, while the side of the plane where the recess is opposite to that).
With respect to claim 66, the combination of Profoto and Maynard further discloses a set wherein the fastener of the flash housing or the fastener of the flash light shaping tool comprises at least one permanent magnet wherein the fastener of the flash housing or the fastener of the flash light shaping tool comprises at least one permanent magnet (Maynard: permanently magnetic portions 23).
With respect to claim 67, the combination of Profoto and Maynard further discloses a set wherein the fastener of the flash housing is positioned on one side of a plane defined by an outer edge of the flash housing, the one side facing opposite the main direction of the flash light let out of the lens (see Fig. 4 of Maynard; the side of a plane defined by an outer edge of the flash housing would be the top portion of barrel ring 40, while the side of the plane where the recess is opposite to that).
With respect to claim 69, the combination of Profoto and Maynard further discloses a flash light shaping tool wherein at least a part of the flash housing fastener is between the flash housing and at least a part of the lens (Maynard: the flash housing includes the barrel ring 40 which defines a recess 41 into which the flash light shaping tool is inserted; Fig. 4; Column 4 lines 48-54; this recess is located between the barrel ring 40 and the lens element of the combination).
Claim(s) 36 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Profoto and Maynard as applied to claim 32 above, and further in view of Harden (Publication No.: US 2018/0205864 A1, herein known as Harden).
With respect to claim 36, the combination of Profoto and Maynard does not disclose a flash housing further comprising a zoom ring rotatably arranged coaxially with and outside the flash housing fastener and operatively connected to the flash so as to control movement of the flash by manual rotation of the zoom ring.
Harden teaches a flash housing (flash 10; Fig. 1) with a flash (light source 26; Fig. 5A) that is arranged to generate a flash light ([0004]), a lens element (22; Fig. 1) and a zoom element (zoom mechanism 16; Fig. 1; [0016]) rotatably arranged coaxially with and outside the border of the lens element (Figs. 1-3b) and operatively connected to the flash so as to control movement of the flash by manual rotation of the zoom element ([0016], [0020]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash housing of the combination of Profoto and Maynard by arranging a manually rotatable zoom element along the outer housing as taught by Harden to allow a user to control the focus of the light beam let out of the flash housing.
With respect to claim 40, the combination of Profoto and Maynard does not disclose a set wherein the flash housing further comprises a zoom ring arranged coaxially with and outside the fastener of the flash housing and operatively connected to the flash former so as to control movement of the flash former by manual rotation of the zoom ring.
Harden teaches a flash housing (flash 10; Fig. 1) with a flash (light source 26; Fig. 5A) that is arranged to generate a flash light ([0004]), a lens element (22; Fig. 1) and a zoom element (zoom mechanism 16; Fig. 1; [0016]) rotatably arranged coaxially with and outside the border of the lens element (Figs. 1-3b) and operatively connected to the flash so as to control movement of the flash by manual rotation of the zoom element ([0016], [0020]).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash housing of the combination of Profoto and Maynard by arranging a manually rotatable zoom element along the outer housing as taught by Harden to allow a user to control the focus of the light beam let out of the flash housing.
Claim(s) 48-50, 54, 56, and 60-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Profoto and Maynard as applied to claim 44 and 46 above, and further in view of MacKay (Patent No.: US 5,208,624, herein known as MacKay).
With respect to claim 48, the combination of Profoto and Maynard further discloses a flash light shaping tool further comprising a second fastener for magnetic engagement with another flash light shaping tool (Maynard: see Figs. 1 and 3, where a second retaining ring 13 and magnet 23 are attached, and also is described in Column 3 lines 15-39 any number of retaining rings may be utilized with any number of optical elements).
The combination does not disclose that the engagement is on top of the flash light shaping tool (the magnetic rings are arranged linearly side by side).
MacKay teaches a similar light shaping tool (filter 28; Fig. 2) comprising a first fastening element (magnetic ring mount 26) comprising at least one permanent magnet arranged to engage magnetically with a ring-shaped fastening element (24) of a housing (14) on top of a lens element (22; Column 4 lines 29-41) and a second fastening element (magnetic ring 30; Fig. 2) for magnetic engagement with another light shaping tool on top of the light shaping tool (Column 6 lines 25-34), with the first and second fastening elements being oppositely polarized to facilitate stacking (Column 6 lines 28-34).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash light shaping tool of the combination of Profoto and Maynard by arranging the magnetic engagement of the combination into that of MacKay as the arrangement of the first and second magnets as taught by MacKay would be a suitable alternative to the single magnet configuration of Maynard, would be within the ordinary level of skill in the art, and would perform in much the same way to magnetically engage the tool to the housing and to another tool in the stack, as in both cases the result is to have opposite magnetic poles in two axial directions of the tool (Maynard Column 3 lines 15-43 and MacKay Column 6 lines 21-34). This modification of the fastening elements having two fastening elements for magnetic engagement as in MacKay as opposed to one as in Maynard would be a simple substitution of one known magnet arrangement for stacking light shaping tools for another known magnet arrangement for stacking light shaping tools, to yield predictable results.
With respect to claim 49, the combination of Profoto, Maynard, and MacKay further discloses a flash light shaping tool wherein the flash light shaping tool comprises a holder for a flash light shaper (Maynard discloses a holder, retaining ring 14 of Fig. 4, that holds a flash light shaper filter 22, or alternatively, the retaining ring itself comprises a sunshade when not provided with an optical element as discussed in Column 3 line 74-75, in which case the other housing elements can be considered to be the holder, or alternately when stacked as discussed above and shown in Figs. 1 and 3, any of the rings 13).
With respect to claim 50, the combination of Profoto, Maynard, and MacKay further discloses a flash light shaping tool further comprising the flash light shaper, said flash light shaper comprising a screen and being attached or attachable to and extending from the holder, wherein said screen being arranged in the beam path of at least a part of the flash light (Maynard: the retaining ring itself comprises a sunshade when not provided with an optical element as discussed in Column 3 line 74-75, in which case the other housing elements can be considered to be the holder, or alternately when stacked as discussed above and shown in Figs. 1 and 3, any of the rings 13; in use in the combination depending on the light spread and the design of the sunshade would be in at least part of the flash light path).
With respect to claim 54, the combination of Profoto, Maynard, and MacKay further discloses a flash light shaping tool wherein the screen is hood shaped (Maynard Figs. 1 and 3, for the broadest reasonable interpretation of “hood shaped”).
With respect to claim 56, the combination of Profoto, Maynard, and MacKay further discloses a flash light shaping tool wherein the flash light shaper supported by the holder comprises a lens (Maynard: the optical element 22 found in the flash light shaping tool; “The term "optical element," as used herein, refers to such elements as filters used to alter the frequency and/or intensity of light transmitted, polarizing filters, closeup or portrait lenses, and any auxiliary lens used in front of the lens of an optical device or system”, Examiner’s emphasis; Column 1 lines 45-49).
With respect to claims 60-62, the combination of Profoto, Maynard, and MacKay does not explicitly disclose a flash light shaping tool further comprising the flash light shaper, the flash light shaper comprising a dome shaped diffuser element (claim 60), further comprising the flash light shaper, the flash light shaper comprising a wide lens (claim 61), and/or further comprising the flash light shaper, the flash light shaper comprising a color filter (claim 62).
However, Maynard further teaches “The term "optical element," as used herein, refers to such elements as filters used to alter the frequency and/or intensity of light transmitted, polarizing filters, closeup or portrait lenses, and any auxiliary lens used in front of the lens of an optical device or system. Thus this invention is directed to the mount for attaching such elements to the optical lens device, the specific nature of the element itself not comprising a part of the instant invention.” (Column 1 lines 45-49).
These elements are known optical elements used to alter the frequency and/or intensity of light transmitted (color filter and/or the diffuser, also see Honl below), or closeup or portrait lenses (wide lens). It would have been obvious to one of ordinary skill in the art that while not specifically detailing the type of optical element in the combination, Maynard’s optical element is designed to include all these types of known optical elements for modifying the light exiting a flash with predictable results.
Claim(s) 51-53 and 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Profoto, Maynard, and MacKay as applied to claim 50 above, and further in view of Honl (Patent No.: US 7,978,971 B1, herein known as Honl).
With respect to claim 51, the combination of Profoto, Maynard, and MacKay does not explicitly disclose a flash light shaping tool wherein the screen is at least partly reflective and arranged to re-direct at least a part of the flash light (the sunscreen is not described).
Honl teaches a screen (softbox 100; Fig. 1, or softbox 300; Fig. 8) for use with a photographic flash, wherein the screen is at least partly reflective and arranged to re-direct at least part of the flash light (“white or silver in color so as to reflect light”; Column 5 lines 5-7).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash light shaping tool of the combination of Profoto, Maynard, and MacKay by using a selecting reflective and/or diffusing textile materials for the screen as taught by Honl in order to produce a soft and even lighting effect for photographic purposes (Honl Column 1 lines 41-44).
With respect to claim 52, the combination of Profoto, Maynard, and MacKay does not explicitly disclose a flash light shaping tool wherein the screen is arranged to diffuse at least a part of the flash light (the sunscreen is not described).
Honl teaches a screen (softbox 100; Fig. 1, or softbox 300; Fig. 8) for use with a photographic flash, wherein the screen is arranged to diffuse at least a part of the flash light (“by directing light through a diffusing material”; Column 1 lines 9-10).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash light shaping tool of the combination of Profoto, Maynard, and MacKay by using a selecting reflective and/or diffusing textile materials for the screen as taught by Honl in order to produce a soft and even lighting effect for photographic purposes (Honl Column 1 lines 41-44).
With respect to claim 53, the combination of Profoto, Maynard, and MacKay does not explicitly disclose a flash light shaping tool wherein the screen is made of a textile material (the sunscreen is not described).
Honl teaches a screen (softbox 100; Fig. 1, or softbox 300; Fig. 8) for use with a photographic flash, wherein the screen is made of a texile material (“fabric”; Column 5 lines 1-13).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash light shaping tool of the combination of Profoto, Maynard, and MacKay by using a selecting reflective and/or diffusing textile materials for the screen as taught by Honl in order to produce a soft and even lighting effect for photographic purposes (Honl Column 1 lines 41-44).
With respect to claim 55, the combination of Profoto, Maynard, and MacKay does not disclose a flash light shaping tool wherein the hood shaped screen is collapsible and spring loaded and wherein the spring is semi-tensioned or substantially un-tensioned when the hood shaped screen is in its unfolded state and tensioned when the hood shaped screen is in its collapsed state.
Honl teaches a hood-shaped screen (softbox 300; Fig. 8) for use with a photographic flash, wherein the screen (300) is collapsible and spring loaded (Column 4 lines 48-67) wherein the spring (conical helix 328) is substantially untensioned when the hood-shaped screen (300) is in its unfolded state (“helix 328 resiliently expands body 302 to an expanded position”; Column 4 lines 62-63) and tensioned when the hood shaped screen (300) is in its collapsed state (the helix 328 “allows body 302 to be compressed into a collapsed position when in a compressed state”; Column 4 lines 63-64; “To use softbox 300, a user preferably expands body 302 from the collapsed position to the expanded position, forming a generally frusto-conical shape, by releasing a compressive force maintaining helix 328 in a compressed state”; Column 5 lines 46=50). This “allows for a faster setup and smaller storage space” (Column 4 lines 66-67).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the light shaping tool of the combination of Profoto, Maynard, and MacKay by configuring the screen of the combination to be collapsible and spring loaded as taught by Honl so the screen can be compactly stored and still able to quickly be set up (see above).
Claim(s) 57-59 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Profoto, Maynard, and MacKay as applied to claim 50 above, and further in view of Wright (Publication No.: WO 2011/072604 A1, herein known as Wright, provided with the IDS submitted on 12/4/2024).
With respect to claim 57, the combination of Profoto, Maynard, and MacKay does not disclose a flash light shaping tool wherein the holder comprises a first and a second holder part arranged to support an exchangeable flash light shaper by magnetic engagement between the first and second holder parts.
Wright teaches a flash light shaping tool comprising a holder (bottom casing 104 and top casing 108; Fig. 6) for a flash light shaping tool (“top casing 108 locates over the outside of the top half of the bottom casing 104 securing the lens 106 firmly within”, page 10), wherein the holder comprises first and second holder parts (104 and 108) arranged to support and exchangeable flash light shaping element (lens 106) by engagement between the first and second holder parts (“top casing 108 locates over the outside of the top half of the bottom casing 104 securing the lens 106 firmly within”; page 10; the housing 100 comprising the casings 104 and 108 being “able to be disassembled easily and photographic accessories replaced with equivalent or different photographic accessories” so that “for example, a user may disassembly a housing and replace a lens with a filter, a filter with a diffuser, etc.”; page 16). While Wright does not explicitly state that the location of the bottom casing 104 within the top casing 108 is accomplished by magnetic engagement, Wright generally teaches that “where the description above refers to attachment, location, engagement and the like it is intended that any known form of attachment is suitable. Specifically, it is considered that adhesive, removable adhesive or magnetic attraction are particularly suitable forms of attachment” (page 16).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further modify the flash light shaping tool of the combination of Profoto, Maynard, and MacKay by separating the top and bottom casings of the holder and having them reconnect by magnetic engagement as suggested by Wright in order to facilitate easy exchange of the light shaping optical elements to produce a variety of light effects.
With respect to claim 58, the combination of Profoto, Maynard, MacKay, and Wright further discloses a flash light shaping tool wherein the first and second fasteners are arranged to provide the magnetic engagement (as a result of the modified combination, the magnetic attachments between each of the stack of retaining rings as seen in Maynard Figs. 1 and 3 and discussed above in respect to claim 46 would also in the combination be able to provide the magnetic engagement to secure the top and bottom halves of the holder).
With respect to claims 59, the combination of Profoto, Maynard, MacKay, and Wright further discloses a flash light shaping tool further comprising third and fourth fasteners arranged to provide the magnetic engagement between the first and second holder parts (as a result of the modified combination, the magnetic attachments between each of the stack of retaining rings as seen in Maynard Figs. 1 and 3 and discussed above in respect to claim 46 would also in the combination be able to provide the magnetic engagement to secure the top and bottom halves of the holder; which magnets of the retaining ring are determined to be the first, second, third, and fourth can be arbitrary chosen from the multiple magnets in the arrangement with multiple retaining rings and optical elements arranged within each ring).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 32, 34-67 and 69 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending Application No. 90/019731 (reference application, herein known as CA), or CA in view of Maynard. Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
The following table will be utilized:
Present claim – patent claim – reasons for obviousness if necessary
With respect to claim 32, claim 1 of CA claims
A flash housing for photographic purposes, said flash housing comprising
A flash housing for photographic purposes, said flash housing comprising
a flash former arranged to generate a flash light
a flash forming element arranged to generate a flash light
a lens arranged to let at least part of the generated flash light out of the flash housing, the lens having a substantially circular cross-section
a lens element arranged to let at least part of the generated flash out of the flash housing so as to obtain a flash light, the lens element having a substantially circular cross- section
And a flash housing fastener for attachment of a flash light shaping tool, the flash housing fastener configured for attachment of the flash light shaping tool on top of the lens, the flash housing fastener arranged along a border of the lens, for magnetic engagement with a corresponding fastener at the flash light shaping tool
And a flash housing fastening element for attachment of a flash light shaping tool, the flash housing fastening element configured for attachment of the flash light shaping tool on top of the lens element, the flash housing fastening element arranged along a border of the lens element and extending within the flash housing from the plane of an external lens element surface of the lens element, for magnetic engagement with a corresponding fastening element at the flash light shaping tool
For the underlined, see the final limitation below, for the italicized portion, these are obvious equivalents as the surface of the lens element would be obvious to be around the border otherwise would be within the path of the flash light on the front or back surfaces
wherein the lens element has a substantially circular cross-section
Repeat of above
wherein the fastener of the flash light shaping tool is ring shaped and at least partly formed by a ferromagnetic material
wherein the flash housing fastening element is ring shaped and is made of ferromagnetic material
and wherein the flash housing fastener has a fastening surface facing in the main direction of the flash light let out of the lens, and wherein the fastening surface of the flash housing fastener is configured to connect to the fastener of the flash light shaping tool.
and wherein the flash housing fastening element has a fastening surface facing in the main direction of the flash light let out of the lens element.
Obvious that the fastening surfaces are for fastening
Wherein the flash housing fastener is within an outside perimeter of the flash housing
See underlined portion of above
With respect to claims 34-35, claim 2 of CA claims that the fastening element encloses the entire border of the lens element.
With respect to claim 36, claim 3 claims the zoom element.
With respect to claims 37-39, these are similarly rejected in view of CA claims 4-5 as in claim 1 above.
With respect to claims 40, this is similarly rejected in view of CA claim 6 as the rejection of claim 36 above.
With respect to claims 41-43, claims 7-9 of CA claims these features.
With respect to claim 44, claim 10 of CA claims similar elements as in claim 1. However, claim 10 does not claim “wherein the light shaping tool is configured to engage the fastening surface in a recess of the flash housing”.
Maynard teaches this feature, as seen in the rejection of claim 44 above.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize a recess to engage the tool to the housing along the lens in order for the fastening to be held securely within the housing to prevent detachment from a user grabbing the outside portion of the barrel.
With respect to claim 45, claim 10 of CA claims that the fastener extends from the plane of an external lens element surface of the lens element.
With respect to claims 46-59, these claims are substantially similar to claims 11-24 of CA, respectively.
With respect to claims 60-62, CA does not claim any of these features.
Maynard further teaches the flash light shaping tool having multiple shapes (see the differences between Fig. 1 and Figs. 4-5) and having filters 22 (which are stated to be “used to alter the frequency and/or intensity of light transmitted”; Column 1 lines 37-41).
With respect to claims 63-67 and 69, CA alone does not claim any of these features.
Maynard teaches a light shaping tool that attaches to the housing in a recess between at least a part of the lens and the housing, positioned on a plane, and comprising at least one permanent magnet (Fig. 4, see rejections above).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the housing/tool of CA by utilizing the shaping tool and shaping tool attachment means of Maynard in order to have a secure interchangeable accessory attachment means that will be held in place through the magnetic attachment, similarly to the desire of the claims of CA which also uses ferromagnetic means for attaching and securing a shaping tool within the housing.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANA HANCOCK whose telephone number is (571)270-7547. The examiner can normally be reached on 10AM-6PM EST M-F.
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/D.H/Examiner, Art Unit 2852
1/28/2026
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852