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 .
Response to Arguments
Applicant’s arguments, filed 8/19/2025, with respect to the objection of claim 22 have been fully considered and are persuasive. The objection of claim 22 has been withdrawn.
Applicant’s arguments, filed 8/19/2025, with respect to the 35 U.S.C. 112(b) rejection of claim 25 have been fully considered and are persuasive. The 35 U.S.C. 112(b) rejection of claim 25 has been withdrawn.
Applicant’s arguments, filed 8/19/2025, with respect to the 35 U.S.C. 103 rejections of claims 21-28 and 36 have been fully considered and are persuasive. The 35 U.S.C. 103 rejections of claims 21-28 and 36 has been withdrawn.
Applicant’s arguments, filed 8/19/2025, with respect to the non-statutory double patenting rejections of claims 21, 26-31, 33, and 35-40 have been fully considered but are not persuasive.
Applicant alleges that a properly filed terminal disclaimer was filed with the response dated 8/19/2025, however, no terminal disclaimer has been placed in the file. Until such time as a proper terminal disclaimer is executed and accepted by the office, the double patenting rejections will be maintained where applicable.
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 21, 26, 30, 31, 33, 35-38, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 15-19 of U.S. Patent No. 11,860,519. Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
11,860,519 Patent
21. A mount system for a camera comprising:
a mounting plate configured to attach to a camera;
an accessory plate configured to attach with the mounting plate;
and a release and lock mechanism at least partially disposed in a cavity of the accessory plate,
wherein the release and lock mechanism comprises a lever and a block attached with the lever,
wherein when in an unlocked position at least a portion of the lever extends outwardly from a cavity
and the block is out of contact with the mounting plate,
and wherein in a locked position the lever is completely disposed inside of the cavity
and the block is in contact with the mounting plate.
wherein the release and lock mechanism comprises one or more rotary elements connected between the lever and the block that cause the block to move downwardly and upwardly relative to the accessory plate by movement of the lever
wherein the one or more rotary elements are disposed in the cavity
wherein the one or more rotary elements are configured to cause the block to move outwardly away from the accessory plate and inwardly towards the mounting plate when the lever is moved to a locked position, and are configured to cause the block to move outwardly away from the mounting plate and inwardly towards the accessory plate when the lever is moved to an unlocked position
26. (New) The mount system of claim 21, wherein the release and lock mechanism is moved from a locked to an unlocked position by movement of the lever in opposite directions respectively towards and away from the accessory plate.
29. (New) The mount system of claim 28,.
30. (New) A camera mount system comprising: a camera;
a mounting plate attached to the camera;
an accessory plate configured to attachment with the mounting plate;
and a lock and release mechanism connected with the accessory plate and at least partially disposed within a cavity of the accessory plate,
wherein the lock and release mechanism comprises a lever connected with a block,
wherein in a locked position the lever is completely disposed within the cavity
and the block is located away from a bottom surface of the accessory plate and is attached with an engagement surface of the mounting plate,
and wherein in an unlocked position the lever extends outwardly from the cavity and the block is located adjacent the bottom surface and is detached from the engagement surface.
31. (New) The camera mount system of claim 30, wherein the lock and release mechanism comprises a rotary element connected between the lever and the block.
33. (New) The camera mount system of claim 31, wherein the rotary element is configured to provide upward and downward movement of the block relative to the accessory plate, while providing respective outward and inward movement of the block relative to the accessory plate when the lever is moved back and forth.
35. (New) The camera mount system of claim 34, wherein when the lock and release mechanism is in a locked position the lever is flush with the long outside edge.
36. (New) A method for mounting a camera comprising:
moving an accessory plate into connection with a mounting plate of a camera,
wherein the accessory plate comprises a lock and release mechanism at least partially disposed therein;
and moving a lever of the lock and release mechanism from an unlocked position to a locked position causing a block that is connected with the lever to extend outwardly from the accessory plate and inwardly to connect with an engagement surface of the mounting assembly,
wherein in a locked position the lever is completely disposed in a cavity of the accessory plate.
wherein during the step of moving to a locked position a rotary element connected between the lever and block operates to move the block outwardly from the accessory plate and inwardly towards the mounting plate
37. (New) The method of claim 36, further comprising releasing the accessory plate from the mounting plate by moving the lever in an opposite direction from the locked to the unlocked position causing the block to move outwardly away from engagement with the engagement surface and inwardly towards the accessory plate.
38. (New) The method of claim 37, wherein when in the unlocked position the lever projects outwardly from the cavity.
40. (New) The method of claim 39, wherein during the step of releasing the locked position the rotary element operates to move the block inwardly towards the accessory plate and outwardly away from the mounting plate.
1. A mount system for a camera comprising:
a mounting plate comprising an outer body… configured to facilitate attachment of the mounting plate to a surface of a camera;
and an accessory plate configured to engage the mounting
a quick release and lock mechanism… the lever quick release and lock mechanism is disposed within a cavity of the accessory plate (see claim 2)
and includes a lever connected with a block,
wherein when the lever is positioned to release the accessory plate from the mounting plate the lever projects outwardly from the cavity (see claim 4).
movement of the lever in an opposite direction causes the block move upwardly towards the bottom surface of the accessory plate to disengage the engagement surface and release the accessory plate from the mounting plate
wherein when the lever is positioned to lock the accessory plate to the mounting plate the lever is completely disposed in the cavity (see claim 2)
causes the block to be moved downwardly… to engage the engagement surface and lock the accessory plate to the mounting plate,
wherein the quick release and lock mechanism comprises one or more rotary elements connected between the lever and the block that cause the block to move downwardly and upwardly by back and forth movement of the lever (see claim 5)
wherein the one or more rotary elements are disposed in the cavity (see claim 6)
wherein when the block engages the engagement surface by movement of the entire block inwardly towards the engagement surface and downwardly away from the bottommost surface of the accessory plate, and wherein the block disengages the engagement surface by movement of the entire block outwardly away from the engagement surface and upwardly towards the bottommost surface of the accessory plate (see claim 15. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the motion described in claim 15 in the embodiment of claims 1 and 5 to ensure that the block does not interfere with the plates when in the unlocked state.).
movement of the lever in one direction that causes the block to be moved downwardly away from a bottom surface of the accessory plate that is adjacent a top surface of the mounting plate to engage the engagement surface and lock the accessory plate to the mounting plate, and wherein movement of the lever in an opposite direction causes the block move upwardly towards the bottom surface of the accessory plate to disengage the engagement surface and release the accessory plate from the mounting plate.
1. A mount system for a camera comprising:
a mounting plate comprising an outer body… configured to facilitate attachment of the mounting plate to a surface of a camera;
and an accessory plate configured to engage the mounting
a quick release and lock mechanism… the lever quick release and lock mechanism is disposed within a cavity of the accessory plate (see claim 2)
and includes a lever connected with a block,
wherein when the lever is positioned to lock the accessory plate to the mounting plate the lever is completely disposed in the cavity (see claim 2)
one direction that causes the block to be moved downwardly away from a bottom surface of the accessory plate… to engage the engagement surface and lock the accessory plate to the mounting plate,
movement of the lever in an opposite direction causes the block move upwardly towards the bottom surface of the accessory plate to disengage the engagement surface and release the accessory plate from the mounting plate
5. The mount system as recited in claim 1, wherein the quick release and lock mechanism comprises one or more rotary elements connected between the lever and the block
5. The mount system as recited in claim 1, wherein the quick release and lock mechanism comprises one or more rotary elements connected between the lever and the block that cause the block to move downwardly and upwardly by back and forth movement of the lever. (See also claim 15 which discloses inward/outward motion. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the motion described in claim 15 in the embodiment of claims 1 and 5 to ensure that the block does not interfere with the plates when in the unlocked state).
3. The mount system as recited in claim 2, wherein when the lever is positioned to lock the accessory plate to the mounting plate the lever is flush with the accessory plate outside edge surface.
16. A method for mounting a camera comprising:
placing an accessory plate on top of the mounting plate;
wherein when in a locked state the lever is disposed within a cavity in the accessory plate and flush with the outside edge
and moving a lever of a quick release and lock mechanism disposed along an outside edge of the accessory plate to cause a block connected with the lever to move downwardly away from a bottommost relative to a surface of the accessory plate adjacent the mounting plate and move the entire block inwardly to engage the mounting plate engagement surface and lock the accessory plate to the mounting plate. (See also claim 15 which discloses inward/outward motion. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the motion described in claim 15 in the embodiment of claims 1 and 5 to ensure that the block does not interfere with the plates when in the unlocked state)
2. The mount system as recited in claim 1, wherein the lever quick release and lock mechanism is disposed within a cavity of the accessory plate outside edge surface, and wherein when the lever is positioned to lock the accessory plate to the mounting plate the lever is completely disposed in the cavity. (It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the method of claim 16 have the lever be flush, as disclosed in claim 2, in order to prevent the lever from inadvertently catching, snagging, or releasing on other objects)
wherein during the step of moving, the lever causes the block to move downwardly and inwardly attachment of the block with one or more rotational elements interposed between the lever and the block, wherein the one or more rotational elements are disposed in the cavity.
17. The method as recited in claim 16, further comprising moving the lever in an opposite direction to disengage the block from the engagement surface and unlock the accessory plate from the mounting plate.
18. The method as recited in claim 17, wherein when in an unlocked state the lever extends outwardly from the cavity.
While not specifically claimed, it would have been obvious to one having ordinary skill in the art that moving the lever in the opposite direction reverses the motion caused by the lever.
Claims 32 and 34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11,860,519 in view of Aiello (Pub. No. US 2014/0233934 A1; hereafter Aiello).
Regarding claim 32, the ‘519 patent discloses the camera mount of system 31, but does not disclose that the rotary element is disposed within the cavity and has an axis of rotation that is perpendicular to a plane of lever rotation; or [claim 34] wherein each of the mounting and accessory plates are rectangular in shape, and wherein the cavity is disposed along a long outside edge of the accessory plate.
Aiello discloses a rotary element that is disposed within the cavity and has an axis of rotation that is perpendicular to a plane of lever rotation (see Aiello Figs. 3 and 4, items 67 and 68); and [claim 34] wherein each of the mounting and accessory plates are rectangular in shape, and wherein the cavity is disposed along a long outside edge of the accessory plate (see Aiello Figs. 2 and 6, items 11, 15, and cavity 59. Aiello does not disclose which side of item 15 is the long or short side, but mere changes in shape/proportion of the device, where the particular proportions would not change the operability of the overall device are deemed obvious to the ordinary workman in the art (see MPEP 2144.04(IV)(A))).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the device of the ‘519 patent with a locking mechanism like that disclosed in Aiello in order to enable secure attachment of the mounting plate with the accessory plate, as taught by Aiello.
Allowable Subject Matter
Claims 22-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Finality
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAM S REISNER whose telephone number is (571)270-7542. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM.
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/NOAM REISNER/ Primary Examiner, Art Unit 2852 10/3/2025