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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in
China on April 3 2023. It is noted, however, that applicant has not filed a certified copy of the 2023206955769 application as required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities: "spring loaded" should be
hyphenated as "spring-loaded". Examiner also suggests the hyphenation of "push pull rod" as "push-pull rod". 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 1-7 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.
Claim 1 recites the limitation "said elongated tube" in line 4. There is insufficient antecedent basis
for this limitation in the claim. Examiner notes that while it is likely “said elongated tube” is referring to the previously disclosed “elongated hollow tube”, the full name of the introduced element is to be used at all times.
Similarly, Claim 1 recites the limitation "said tube sections" in line 2. While it is again likely that
“said tube sections” is referring to the previously disclosed “elongated hollow tube having a series of sections”, the element must be referred to consistently, in this case as “the series of sections”.
Claims 2-7 inherit the rejection of Claim 1 as dependents.
Claim Rejections - 35 USC § 102
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)(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.
Claims 1, 3-4, 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barthel (US 2021/0136328 A1).
Regarding Claim 1:
Barthel teaches: a visual grabber assembly comprising:
An elongated hollow tube having a series of sections, said tube sections comprising a restraint tube (Fig. 7 element 171), a spring tube (Fig. 7, elements 150, 122), and a buffer tube (Fig. 7, element 155);
A spring loaded push pull rod (Fig. 8 element 160) extending through said elongated tube, said spring loaded push pull rod being attached at a first end to a pressing box (Fig. 8 element 126) , wherein said spring loaded push pull rod is slidably engaged within said elongated hollow tube (Fig. 8, element 156);
A grabber unit ([0104], Fig. 21 element 371) including a plurality of claws (Fig. 21, element 392) slidably engaged within a free end of said restraint tube, said claws being operatively connected to said spring loaded push pull rod ([0104], Fig. 14 element 373) so that said claws extend outwardly from said restraint tube and into an open position when said pressing box is depressed ([0106]);
A camera tube disposed between said claws (Fig. 12A, 12B, element 372), and a camera (Fig. 14, element 384) attached to said camera tube and
Said camera adapted to be operatively connected to a video screen ([0118], Fig. 13B element 319).
Regarding Claim 3:
Barthel teaches: [a] visual grabber assembly wherein
Said camera tube includes a plurality of claw grooves for slidably engaging said claws ([0106], Fig. 17, elements 371, 375, 377).
Regarding Claim 4:
Barthel teaches: [a] visual grabber assembly wherein
Said camera is operatively connected to a circuit board ([0090], Fig. 9 element 134).
Regarding Claim 7:
Barthel teaches: [a] visual grabber assembly further including
A magnet attached to said restraint tube (Fig. 8 element 190, Fig. 32 element 390).
Claim Rejections - 35 USC § 103
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.
Claims 2, 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Barthel (US 2021/0136328 A1) in view of Wise (US 2020/0315595 A1).
Regarding Claim 2:
Wise teaches: [a] visual grabber assembly wherein
Said camera tube further includes a light attached thereto ([0027], elements 114, 116)
The substitution of the camera and light assembly from Wise for the camera or light specified in Barthel would have been obvious to a person having ordinary skill in the art at the time of filing as the tandem use of a camera and light to increase image clarity is common and known.
Regarding Claim 5:
Wise teaches: [a] visual grabber assembly wherein
A USB interface is operatively connected to said camera ([0027], Fig. 2 element 130).
Regarding Claim 6:
Wise teaches: [a] visual grabber assembly wherein
Said USB interface is positioned on said pressing box (Fig. 8 elements 54, 56, Fig. 11).
The substitution of the USB system of Wise for the wireless system of Barthel would have been obvious to a person having ordinary skill in the art at the time of filing. USB data transmission and wireless data transmission function as equivalents, as such it would have been an obvious substitution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELAINEY MACK whose telephone number is (571)270-0758. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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, Victoria Augustine can be reached at (313)446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DM/Examiner, Art Unit 3654
/Victoria P Augustine/Supervisory Patent Examiner, Art Unit 3654
