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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the left telescopic tube, right telescopic tube, ridged high beam left, ridged high beam right, ridged low beam left, ridged low beam right, left mirrorless camera, electronic viewfinder, right mirrorless camera, left fixed pivoting post forward, right fixed pivoting post forward, left shutter, right shutter; one left image sensor out of focus; one right image sensor out of focus; one left image sensor its center in focus, one right image sensor its center in focus, top gear axle, left brace, right brace, and eyepiece must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Focal Point Stereoscopic Video and Camera.
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.
Claims 1-7 contains the trademark/trade name A Human Point of View, registered on 11/20/2012. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe the Focal Point Stereoscopic Video and Camera described in the Specification and, accordingly, the identification/description is indefinite. For the purposes of examination, the recitation of “A Human Point of View comprises” in line 1 of claims 1-7 will be interpreted as “A camera device comprising:.”
Regarding claim 1, Applicant recites “a left mirrorless video/camera with electronic viewfinder” and “a right mirrorless video/camera with electronic viewfinder” in lines 9 and 10 of the claim, respectively. Examiner notes that it is unclear whether the recitation of “video/camera” refers to a video or a camera, and therefore, renders the claim as a whole to be indefinite. For the purposes of examination, the recitation of “a left mirrorless video/camera with electronic viewfinder” in line 9 of the claim and the recitation of “a right mirrorless video/camera with electronic viewfinder” in line 10 of the claim will be broadly interpreted as “a left electronic viewfinder” and a “right electronic viewfinder,” respectively. Claims 2-7 are rejected as being dependent on claim 1.
Claim 6 recites the limitation "said left mirrorless camera" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the recitation of “said left mirrorless camera” will be broadly interpreted as “a left mirrorless camera.”
Claim 7 recites the limitation "said right mirrorless camera" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the recitation of “said right mirrorless camera” will be broadly interpreted as “a right mirrorless camera.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall (WO 2020/006541).
Regarding claim 1, Hall discloses a camera device (Fig. 1; page 4, para [0004]) comprising:
a lateral movement mechanism (26, Fig. 1; page 5, para [0001]);
a left telescopic tube (left telescopic tube of Lens 1, Fig. 1; page 4, para [0005]);
a right telescopic tube (right telescopic tube of Lens 2, Fig. 1; page 4, para [0005]);
a ridged high beam left (23L, Fig. 1; page 5, para [0003]);
a ridged high beam right (23R, Fig. 1; page 5, para [0003]);
a ridged low beam left (22L, Fig. 1; page 5, para [0003]);
a ridged low beam right (22, Fig. 1; page 5, para [0003]);
a left electronic viewfinder (electronic viewfinder of camera comprising lens 9L of Sphere 1, Figs. 1 and 11; page 4, para [0004-0005]; page 9, para [0001]);
a right electronic viewfinder (electronic viewfinder of camera comprising lens 9R of Sphere 2, Figs. 1 and 11; page 4, para [0004-0005]; page 9, para [0001]);
a left fixed pivoting post forward (50L, Fig. 5; page 6, para [0002]);
a right fixed pivoting post forward (50R, Fig. 5; page 6, para [0002]);
a left shutter (left shutter; page 15, claim 1);
a right shutter (right shutter; page 15, claim 2);
one left lens (9L, Fig. 1; page 4, para [0005]);
one right lens (9R, Fig. 1; page 4, para [0005]);
one left image sensor out of focus (1B, Figs. 1 and 7; page 7, para [0001]);
one right image sensor out of focus (2B, Figs. 1 and 7; page 7, para [0001]);
one left image sensor, its center in focus (1A, Figs. 1 and 7; page 7, para [0001]);
one right image sensor, its center in focus (2A, Figs. 1 and 7; page 7, para [0001]).
Regarding claim 2, Hall discloses a camera device with all the limitations above and further discloses said lateral movement mechanism (26, Fig. 1) comprises a hand wheel (27, Fig. 1; page 10, para [0003]), a wheel pin (28, Fig. 1; page 12, para [0005]), a mechanism base (29, Fig. 1), a gear enclosure (30, Fig. 1; page 12, para [0006]), a top bevel gear (31, Fig. 6; page 6, para [0002]), a left bevel gear (32, Fig. 6; page 6, para [0002]), a right bevel gear (33, Fig. 6; page 6, para [0002]), a bottom bevel gear (34, Fig. 6; page 6, para [0002]), a top gear axle (top gear axle, Fig. 6; page 15, claim 2), a left gear axle (39, Fig. 6; page 6, para [0002]), a right gear axle (40, Fig. 6; page 6, para [0002]), a bottom gear axle (36, Fig. 6; page 6, para [0002]), a left extension rod (43L, Fig. 6; page 6, para [0002]), a right extension rod (43R, Fig. 6; page 6, para [0002]), a left brace (left brace, Fig. 6; page 15, claim 2), and a right brace (right brace, Fig. 6; page 15, claim 2);
said left gear axle (39, Fig. 6) and said right gear axle (40, Fig. 6) each comprise a threaded hole (threaded hole 37 of 39 and threaded hole 38 of 40, Fig. 6; page 6, para [0002]);
said left extension rod (43L, Fig. 6) and said right extension rode (43R, Fig. 6) each comprise a threaded portion (threaded portion of 43L and threaded portion of 43R, Fig. 6; page 6, para [0002]);
said left brace and said right brace each comprise a top end and a lateral end of the left telescopic tube and a top end and a lateral end of the right telescopic tube (Fig. 6; pages 15-16, claim 2).
Regarding claim 3, Hall discloses a camera device with all the limitations above and further discloses:
said lateral movement mechanism base (29, Fig. 1) being connected normally to said beams (23L, 23R, 22L, 22, Fig. 1) to said left telescopic tube (left telescopic tube of Lens 1, Fig. 1);
said lateral movement mechanism base (29, Fig. 1) being connected normally to said beams (23L, 23R, 22L, 22, Fig. 1) to said right telescopic tube (right telescopic tube of Lens 2, Fig. 1);
said gear enclosure (30, Fig. 1) being connected to said mechanism base (29, Fig. 1) aft of said lower beams (22L and 22, Fig. 1) and said upper beams (23L and 23R, Fig. 1);
said hand wheel (27, Fig. 1) positioned above said gear enclosure (30, Fig. 1) opposite to said mechanism base (29, Fig. 1); and
said wheel pin (28, Fig. 1) being rotatably connected atop said hand wheel (27, Fig. 1).
Regarding claim 4, Hall discloses a camera device with all the limitations above and further discloses:
said top bevel gear (31, Fig. 6), said bottom bevel gear (34, Fig. 6), said left bevel gear (32, Fig. 6), and said right bevel gear (33, Fig. 6) being located within said gear enclosure (30, Fig. 6);
said left bevel gear (32, Fig. 6) being perpendicularly engaged to said top bevel gear (31, Fig. 6);
said right bevel gear (33, Fig. 6) being perpendicularly engaged to said top bevel bear (31, Fig. 6) opposite of said left bevel gear (32, Fig. 6);
said bottom bevel gear (34, Fig. 6) being perpendicularly engaged to both said left bevel gear (32, Fig. 6) and said right bevel gear (33, Fig. 6) opposite to said top bevel gear (31, Fig. 6);
said bottom bevel gear (34, Fig. 6) being rotatably connected to said gear enclosure (30, Fig. 6) by said bottom gear axle (36, Fig. 6; page 16, claim 4) adjacent to said mechanism base (29, Fig. 6);
said top gear axle (top gear axle, Fig. 6; page 15, claim 2) traversing through said gear enclosure (30, Fig. 6) in order to concentrically connect to said top bevel gear (31, Fig. 6) to said hand wheel (27, Fig. 6; page 16, claim 4);
said left gear axle (39, Fig. 6) traversing through said gear enclosure (30, Fig. 6) in order to concentrically connect to said left bevel gear (32, Fig. 6);
said right gear axle (40, Fig. 6) traversing through said gear enclosure (30, Fig. 6) in order to concentrically connect to said right bevel gear (33, Fig. 6);
said threaded hole of said left gear axle (threaded hole 37 of said left gear axle 39, Fig. 6) being positioned opposite of said left bevel gear (32, Fig. 6);
said threaded hole of said right gear axle (threaded hole 38 of said right gear axle 40, Fig. 6) being positioned opposite of said right bevel gear (33, Fig. 6).
Regarding claim 5, Hall discloses a camera device with all the limitations above and further discloses:
said ridged low beam aft (22L, Fig. 1), from pivot of left lens (9L, Figs. 1 and 11; page 4, para [0005]) to lateral movement mechanism (26, Fig. 1);
said ridged low beam aft (22, Fig. 1), from pivot of right lens (9R, Figs. 1 and 11; page 4, para [0005]) to lateral movement mechanism (26, Fig. 1);
said ridged high beam aft (23L, Fig. 1), from pivot of left lens (9L, Figs. 1 and 11; page 4, para [0005]) to lateral movement mechanism (26, Fig. 1);
said ridged high beam aft (23R, Fig. 1), from pivot of right lens (9R, Figs. 1 and 11; page 4, para [0005]) to lateral movement mechanism (26, Fig. 1).
Regarding claim 6, Hall discloses a camera device with all the limitations above and further discloses:
a left mirrorless camera (page 17, claim 6); and
said left electronic viewfinder (electronic viewfinder of camera comprising lens 9L of Sphere 1, Figs. 1 and 11; page 4, para [0004-0005]; page 9, para [0001]; page 17, claim 6);
said one eyepiece showing left lenses and right lenses together (page 17, claim 6).
Regarding claim 7, Hall discloses a camera device with all the limitations above and further discloses:
a right mirrorless camera (page 17, claim 7);
said one electronic viewfinder (electronic viewfinder of camera comprising lens 9R of Sphere 2, Figs. 1 and 11; page 4, para [0004-0005]; page 9, para [0001]; page 17, claim 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL CHANG LEE whose telephone number is (571)270-7923. The examiner can normally be reached M-F 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL C LEE/Primary Examiner, Art Unit 2871