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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/13/2025 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 08/12/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of the full statutory term of prior patent number 10,932,658 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments filed 08/12/2025 have been considered but are moot in view of a new ground of rejections.
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.
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Claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of U.S. Patent No. 11330963 (hereinafter reference patent) in view of Wampler et al. (WO 03/082075 A2 – hereinafter Wampler) and Ishida et al. (JP 4960644 B2 – hereinafter Ishida, references to machine translated copy previously attached).
Claim 1 of current application recites wireless medical imaging system (see the wireless medical imaging system in the preamble of claim 1 of reference patent) comprising: (a) a head unit comprising: (i) a head unit case; (ii) a head unit electrical connector; (iii) an image sensor; (iv) a wireless transceiver; (v) a central processing unit; and (vi) a user-input component (claim 1 of reference patent recites “a head unit including a head unit case, the head unit includes an external cable coupling the first aperture to the endoscope, i.e. thus including a head unit electrical connector to couple the external cable to the endoscope, an image sensor disposed within the head unit, a wireless transceiver and a central processing unit disposed within the internal cavity of the head unit); and (b) a light cable comprising: (i) a light cable electrical connector (claim 1 of reference recites the integrated light source is coupled to an end of the external cable such that light emitted from the integrated light source is transmitted from the integrated light source through the endoscope to an area of interest, thus the light cable must comprise a light cable electrical connector to couple its end to the integrated light source); and (iii) an integrated light source (claim 1 of reference patent recites an integrated light source optically coupled to the first aperture), wherein: the head unit case has an external surface defining an external cavity, an internal surface defining an internal cavity, a first aperture, and a second aperture (claim 1 of reference patent recites [the] head unit case having an external surface defining an external cavity and an internal surface defining an internal cavity, the external surface having a substantially planar front face, and a first aperture and a second aperture extending through […]); the head unit electrical connector is configured to operatively connect with the light cable electrical connector through the first aperture (claim 1 of reference patent recites the head unit includes an external cable coupling the first aperture to the endoscope); the light cable electrical connector, the power cable, and the integrated light source are operatively connected in series (claim 1 of reference patent recites the head unit includes an external cable coupling the first aperture to the endoscope and the integrated light source is coupled to an end of the external cable such that light emitted from the integrated light source is transmitted from the integrated light source through the endoscope to an area of interest); the integrated light source comprises: (1) an emissive radiation source having a first spectrum; (2) an optical element located to direct emissions from the emissive radiation source; (3) a volumetric spectrum converter volumetrically disposed with phosphor particles, the converter being located to convert emissions directed from the emissive radiation source to emissions having a second spectrum different from the first spectrum; (4) an optical reflector located about the converter; and (5) an output filter, the reflector being located to reflect the converter emissions towards the output filter, and the integrated light source being configured to transmit light from the light cable through the output filter (claim 1 of reference patent recites a volumetric spectrum converter being located to convert the first spectrum of radiation directed from the emissive radiation source to a second spectrum of radiation different from the first spectrum of radiation; and claim 3 of reference patent further recites the integrated light source further comprises: an optical element located to direct the first spectrum of radiation from the emissive radiation source; an optical reflector located about the volumetric spectrum converter; and an output filter, the optical reflector being located to reflect the second spectrum of radiation from the volumetric spectrum converter towards the output filter, wherein the emissive radiation source, optical element, volumetric spectrum converter, reflector, and output filter are contained within the internal cavity and desired light radiates from the internal cavity through the output filter); the image sensor, the wireless transceiver, and the central processing unit are disposed within the internal cavity (claim 1 recites [the] image sensor disposed within the head unit and configured to detect an image transmitted into the head unit through the second aperture; a wireless transceiver and a central processing unit disposed within the internal cavity of the head unit); the image sensor is configured to detect an image transmitted into the head unit through the second aperture (claim 1 of reference patent recites [the] image sensor […] and configured to detect an image transmitted into the head unit through the second aperture); and the user-input component is disposed on the external surface (claim 1 of reference patent recites [the] user-input component disposed on the external surface of the head unit).
However, claim 1 and claim 3 of reference patent do not recite the light cable comprising (ii) a power cable; the light cable electrical connector, the power cable, and the integrated light source are operatively connected in series; the volumetric spectrum converter volumetrically disposed with phosphor particles; and the external cavity is configured to receive an external battery.
Wampler discloses a light cable comprising a power cable (Fig. 9 – a power cord 226); a light cable electrical connector, the power cable, and the integrated light source are connected in series (Fig. 9 – a light cable electrical connector connecting the camera unit 222 to power cord 226, power cord 226, and light source 224 are connected in series); and an external cavity is configured to receive an external battery (Figs. 7-8 – an external cavity configured to receive an external battery 148).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent to facilitate installation and replacement of batteries, and to provide the user with convenient connections between components of the system, i.e. between the endoscope, the power cable, and the light source.
Claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler does not recite the volumetric spectrum converter volumetrically disposed with phosphor particles.
Ishida discloses a volumetric spectrum converter volumetrically disposed with phosphor particles (page 2 – see highlighted text).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Ishida into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler above to take advantage of phosphor particles’ high performance.
Regarding claim 2, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed above. Wampler also discloses the integrated light source comprises a solid state light source that can produce continuous spectrum light; and/or output of the integrated light source has a spectral bandwidth that is nominally 480 nm to 775 nm (page 6, lines 1-9 – either white light, i.e. continuous spectrum light, or blue light, which is light within the wavelength range of 400-480 nm).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida proposed in claim 1 above to provide a light source operable in a desired spectrum.
Regarding claim 3, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed above. Wampler also discloses the emissive radiation source operates in the range of 400 nm to 480 nm (page 6, lines 1-9 – either white light, i.e. continuous spectrum light, or blue light, which includes light within the wavelength range of 400-480 nm).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the emissive radiation source operating in the range of 400 nm to 480 nm into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida proposed in claim 1 above to provide a light source operable in a desired spectrum depending on specific applications.
Claim 7 recites wireless medical imaging system according to claim 1, wherein the output filter eliminates an emission from the emissive radiation source that has not been converted by the converter as well as optionally further conditioning the emitted light (claim 6 of reference patent recites the wireless medical imaging system according to claim 3, wherein the output filter eliminates any of the first spectrum of radiation from the emissive radiation source that has not been converted by the volumetric spectrum converter as well as optionally further conditioning the second spectrum of radiation).
Claim 9 recites the wireless medical imaging system according to claim 1, wherein the integrated light source is configured to provide illumination to an area of interest by connection of the light cable to a medical imaging scope, such that the light is transmitted from the integrated light source, into the medical imaging scope, to the area of interest (claim 1 of reference patent recites the head unit includes an external cable coupling the first aperture to the endoscope and the integrated light source is coupled to an end of the external cable such that light emitted from the integrated light source is transmitted from the integrated light source through the endoscope to an area of interest).
Regarding claim 10, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 9 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 9 does not recite the light cable further comprises a protective housing, the protective housing surrounds the integrated light source and has an opening, and the integrated light source is configured to transmit light from the light cable through the opening.
Wampler also discloses a light cable further comprises a protective housing, the protective housing surrounds the integrated light source and has an opening, and the integrated light source is configured to transmit light from the light cable through the opening (Fig. 9 – the connector comprising a protective housing of the light unit 224 surrounding the light source and has an opening through which light is transmitted from the light cable as shown in Figs. 11-12).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 9 above in order to protect the light cable from being easily damaged.
Regarding claim 12, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 10 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 10 does not recite the light cable further comprises an adaptor coupling the light cable to the medical imaging scope, the adaptor being built into the protective housing. Wampler also discloses the light cable further comprises an adaptor coupling the light cable to the medical imaging scope, the adaptor being built into the protective housing (Fig. 9 – an adaptor built into the protective housing 224 coupling the connector the an endoscope at element 13).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 10 above in order to connect the light cable to the medical imaging scope more easily.
Regarding claim 15, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 does not recite the light cable does not comprise a fiber optic cable.
Wampler also discloses the connector does not comprise a fiber optic cable (page 6, lines 18-23 – the connector a light source power cord, an integrated light source, and a light guide, in case the light guide is made of a molded plastic such as polycarbonate or grass, the connector does not comprise a fiber optic cable).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above in order to accommodate various types of light cable, not limited to a specific type of cable such as fiber optic cable.
Regarding claim 24, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses the second aperture comprises a second aperture connector configured for connection of a medical imaging scope to the head unit case (Fig. 3; Fig. 9; page 9, lines 14-25 – a connecter at the second aperture to connect the endoscope to the camera unit).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above in order to facilitate connection of the endoscope to the head unit case.
Regarding claim 27, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses the head unit does not comprise a heat sink within the internal cavity of the head unit (Fig. 10; page 9, lines 21-30).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above in order dissipate heat away from the head unit, preventing the unit from being overheated and maintaining safe and normal operation of the system.
Regarding claim 28, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses the head unit further comprises a window, the window being disposed within the second aperture and configured to allow the image to pass therethrough (Fig. 3; Fig. 9; page 9, lines 14-25 – the opening at the proximal end of the camera unit).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above in order to successfully transmit the image to the head unit for processing and/or recording.
Regarding claim 29, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses an external battery disposed in the external cavity and configured to provide power to one or more of the integrated light source, the image sensor, the wireless transceiver, and the central processing unit (Fig. 7; Fig. 8; page 9, lines 5-20).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above in order to provide power to the system.
Regarding claim 38, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses a remote receiver unit comprising (ii) a wireless transceiver (page 9, lines 1-4). However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above does not recite the remote receiver unit comprising having: (1) a receiver unit case; (iii) a central processing unit; and (iv) a communications interface,; and further wherein the receiver unit case has an internal cavity that contains the wireless transceiver of the remote receiver unit, the central processing unit of the remote receiver unit, and the communications interface.
Official Notice is taken a personal computer functioning as a remote receiver unit comprising having: (i) a receiver unit case; (iii) a central processing unit; and (iv) a communications interface,; and further wherein the receiver unit case has an internal cavity that contains the wireless transceiver of the remote receiver unit, the central processing unit of the remote receiver unit, and the communications interface is well known in the art.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate a computer as a remote receiver unit having (i) a receiver unit case; (iii) a central processing unit; and (iv) a communications interface,; and further wherein the receiver unit case has an internal cavity that contains the wireless transceiver of the remote receiver unit, the central processing unit of the remote receiver unit, and the communications interface to process the captured image data because using such a computer as a remote receiver unit were well known to provide benefits of powerful processing capability and easiness in maintenance and upgrading.
Regarding claim 45, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above does not recite the head unit comprises an internal rechargeable battery and a battery management system, the internal rechargeable battery and the battery management system of the head unit to allow the integrated light source, the image sensor, the wireless transceiver, and the central processing unit to switch to a lower power mode in order to conserve power.
Official Notice is taken that mobile electronic units comprise an internal rechargeable battery and a battery management system, the internal rechargeable battery and the battery management system of the unit allow their components to switch to a lower power mode in order to conserve power are well known in the art, e.g. mobile phones, laptops etc.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate an internal rechargeable battery and a battery management system, the internal rechargeable battery and the battery management system of the unit to allow their components to switch to a lower power mode in order to conserve power as well known in the art into the system of Wampler to allow the integrated light source, the image sensor, the wireless transceiver, and the central processing unit to switch to a lower power mode in order to conserve power of the head unit.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of reference patent in view of Wampler and Ishida as applied to claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 above, and further in view of Levy et al. (US 2013/0150671 A1 – hereinafter Levy).
Regarding claim 13, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 12 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 12 above does not recite the adaptor is further configured to allow rotation of the adaptor and the connector with respect to the medical imaging scope while the connector is connected to the medical imaging scope.
Levy discloses an adaptor is configured to allow rotation of the adaptor and a connector with respect to a medical imaging scope while the connector is connected to the medical imaging scope (Fig. 5; [0059]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Levy into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 12 above to prevent the endoscope and the connector from torsion and twist when the endoscope is rotated during operation, while providing uninterrupted supply of light to the endoscope.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of reference patent in view of Wampler and Ishida as applied to claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 above, and further in view of Rajan et al. (US 2015/0296111 A1 – hereinafter Rajan).
Regarding claim 17, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses the wireless transceiver of a head unit is configured to transmit image sensor data to a wireless transceiver of a remote receiver unit (page 9, lines 1-3).
However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above does not recite the wireless transceiver of the head unit is configured to receive command and control signals, from a wireless transceiver of a remote receiver unit.
Rajan discloses a wireless transceiver of a head unit is configured to receive command and control signals, from a wireless transceiver of a remote receiver unit ([0043]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Rajan into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above to allow an operator to control the camera within the head unit during operation of the system. With the incorporated feature from Rajan, the system would have the wireless transceiver of the head unit is configured to transmit and receive image sensor data and command and control signals, both to and from a wireless transceiver of a remote receiver unit as claimed.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of reference patent in view of Wampler and Ishida as applied to claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 above, and further in view of Boesen (US 2017/0111723 A1 – hereinafter Boesen).
Regarding claim 19, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 does not recite the wireless transceiver of the head unit includes the ultra-wideband (UWB) communication modality.
Boesen discloses a wireless transceiver of a head unit includes the ultra-wideband (UWB) communication modality ([0043]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Boesen into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above to take advantage of using existing a wireless communication protocol in order to reduce development cost.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of reference patent in view of Wampler and Ishida as applied to claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 above, and further in view of Rosenberg et al. (WO 2014122655 A1 – hereinafter Rosenberg).
Regarding claim 20, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above. Wampler also discloses the wireless transceiver of a head unit is configured to transmit data from the image sensor data to a wireless transceiver of an external system for management of medical imaging systems without need for reprogramming or redesign (page 9, lines 1-3).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the further teachings of Wampler into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above in order to safely record the image data in a desired storage system.
However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 does not recite the wireless transceiver of the head unit is configured to transmit command and control signals to the wireless transceiver of the remote receiver unit without need for reprogramming or redesign.
Rosenberg discloses a wireless transceiver of a head unit is configured to transmit command and control signals, from a wireless transceiver of a remote receiver unit without need for reprogramming or redesign (page 2, line 18 – page 3, line 9 – transmitting messages to receiver external to an in-vivo device, associated with a command-invoking movement e.g. movement due to contraction of small bowel, movement due to contraction of colon, movement due to contraction of stomach and movement due to intestine constipation, and an interference movement e.g. movement due to human body gestures, movement due to human walking/running, movement due to respiration, movement due to coughing, movement due to finger tapping and movement due to heart beating, of objects etc., to enable conditional execution of related commands).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Rosenberg into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 1 above to allow conditional control of the camera based upon camera’s environment.
Claim 30 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of reference patent in view of Wampler and Ishida as applied to claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 above, and further in view of Adair et al. (US 2017/0302874 A1 – hereinafter Adair).
Regarding claim 30, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 29 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 29 above does not recite the external battery is a removable rechargeable battery.
Adair discloses an external battery is a removable rechargeable battery ([0044]; [0091]; Fig. 8a).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Adair into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 29 above to conveniently remove and recharge the battery after the battery is out of power.
Claim 34 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 6 of reference patent in view of Wampler and Ishida as applied to claims 1-3, 7, 9-10, 12, 15, 24, 27-29, 38, and 45 above, and further in view of Randall et al. (US 2008/0194964 A1 – hereinafter Randall).
Regarding claim 34, see claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 29 above. However, claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 29 above does not recite the external battery is a non-removable rechargeable battery.
Randall discloses an external battery is a non-removable rechargeable battery ([0162]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Randall into the system recited in claim 3 (with limitations of claim 1 being incorporated) of reference patent in view of Wampler and Ishida as discussed in claim 29 above to prevent the battery connector from being loose after a long time of usage.
Conclusion
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/HUNG Q DANG/Primary Examiner, Art Unit 2484