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 because paragraph 0047 states “outer rod member 111 includes a first end portion 111a”. In Figure 1, ref.# 111a appears to directed to the end of the inner rod 101 instead of the outer rod 111. 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.
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.
Claim(s) 1-4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashenfelter (US 2,410,330) in view of Shi (US 2023/0418132) and Jones (US 7,789,356).
Regarding claims 1 and 13, Ashenfelter discloses “a photography accessory holding assembly having, a longitudinally extending horizontal assembly member (Fig. 1, ref.# 2, 3) adapted to expand and contract, the longitudinally extending horizontal assembly member comprising: an elongated inner rod member (Fig. 1, ref.# 2), at least two hollow outer rod members (Fig. 1, ref.# 3) slidably received over the elongated inner rod member to be slid over the elongated inner rod member to expand and contract the longitudinally extending horizontal assembly member (column 1, lines 47-50: telescopically fit),”… “and a pair of vertically extending support members (Fig. 1, ref.# 1) spaced apart from each other and coupled to distal end portions of the longitudinally extending horizontal assembly member (See Fig. 1).”
Ashenfelter does not teach “one or more gear assembly members adjustably coupled to the elongated inner rod member of the longitudinally extending horizontal assembly member”. However, a gear assembly member to adjustably couple a camera to a horizontal support member was well known in the art prior to the effective filing date of the claimed invention as taught by Jones (See 1, ref.# 28). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ashenfelter to include “one or more gear assembly members adjustably coupled to the elongated inner rod member of the longitudinally extending horizontal assembly member” in order to securely hold a camera in a desired position from the frame of Ashenfelter.
Further, Ashenfelter does not teach “one or more clamping assembly members adjustably coupled to the at least two hollow outer rod members of the longitudinally extending horizontal assembly member”. However, the use of clamps attached to a horizontal frame to hold a photographic backdrop was well known in the art prior to the effective filing date of the claimed invention as taught by Shi (See Fig. 12, ref.# 50). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ashenfelter to include “one or more clamping assembly members adjustably coupled to the at least two hollow outer rod members of the longitudinally extending horizontal assembly member” in order to securely hold a backdrop in a desired position from the frame of Ashenfelter.
Regarding claim 2, modified Ashenfelter discloses all the structure set forth in the claim except “wherein the elongated inner rod member comprises: an etched distance marker to measure length of the longitudinally extending horizontal assembly; and at least one slot across a length of the elongated inner rod member to slidably engage with a mounting plate tightening knob and a sliding member tightening knob to slidably couple the one or more gear assembly members to the elongated inner rod member.” However, a support rod with etched distance marker, a slot across the support rod, and a mounting plate tightening knob were all well known in the prior art prior to the effective filing date of the claimed invention as taught by Jones (See Fig. 1, ref.# 23, 31; Fig. 9, ref.# 42b). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Ashenfelter to include “wherein the elongated inner rod member comprises: an etched distance marker to measure length of the longitudinally extending horizontal assembly; and at least one slot across a length of the elongated inner rod member to slidably engage with a mounting plate tightening knob and a sliding member tightening knob to slidably couple the one or more gear assembly members to the elongated inner rod member” in order to securely hold the assembly (and camera) at a specific location determined by the distance marker and thus allow for repeatable setup of the camera location.
Regarding claim 3, Ashenfelter discloses “wherein: each of the at least two hollow outer rod members (Fig. 1, ref.# 3) comprises a first end portion and a second end portion (See Fig. 1), each of the first end portion comprises a locking knob (Fig. 1, ref.# 10) to loosen or tighten the each of the at least two hollow outer rod members with respect to the elongated inner rod member (Fig. 1, ref.# 2) to increase or decrease length of the longitudinally extending horizontal assembly member to expand and contract thereto (column 1, lines 47-50: telescopically fit), each of the second end portion is coupled to the pair of vertically extending support member (Fig. 1, ref.# 1).”
Regarding claim 4, Ashenfelter discloses “wherein the pair of vertically extending support member comprises a height-adjustable tripod configuration.” (Fig. 1, ref.# 1, 4, 7-10)
Claim(s) 5-7, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashenfelter (US 2,410,330) in view of Shi (US 2023/0418132) and Jones (US 7,789,356) as applied to claims 1 and 13 above, and further in view of Johnson (US 10,744,526).
Modified Ashenfelter discloses frame support system with a simple clamp holding a backdrop to the frame. Thus, modified Ashenfelter does not teach: (Claim 5) “wherein one or more of the clamping assembly members comprises: a first member to slidably coupled over a hollow outer rod member of the at least two hollow outer rod members; a second member coupled to the first member and laterally extends from the first member; a clamp gripping member having a first end portion, and a second end portion, wherein the clamp gripping member is coupled to the second member from the first end portion, and wherein the clamp gripping member, from the second end portion, is adapted to clamp a required object”, (Claim 6) “wherein the clamp gripping member is adjustably coupled to a plurality of orientation including horizontal position or vertical position”, (Claim 7) “wherein one or more of the clamping assembly members further comprises: a first tightening knob adjustably couple the first member and the second member; a second tightening knob adjustably couple the first member to the hollow outer rod member of the at least two hollow outer rod members to slidably couple the first member, the second member, and the first tightening knob on the hollow outer rod member of the at least two hollow rod members”, (Claim 18) “wherein the one or more clamping assembly member comprises: a first member to slidably coupled over a hollow outer rod member of the at least two hollow rod members; a second member coupled to the first member and laterally extends from the first member; a clamp gripping member having a first end portion, and a second end portion, wherein the clamp gripping member is coupled to the second member from the first end portion, and wherein the clamp gripping member, from the second end portion, is adapted to clamp a required object” and (Claim 19) “wherein one or more of the clamping assembly members further comprises: a first tightening knob adjustably couple the first member and the second member; a second tightening knob adjustably couple the first member to the hollow outer rod member of the at least two hollow outer rod members to slidably couple the first member, the second member, and the first tightening knob on the hollow outer rod member of the at least two hollow outer rod members.” However, a clamping system that includes a first member clamp to a rod member with a screw knob to securely affix the clamping system, wherein a second member extends from the first member with a gripping member at the other end of the clamping system was well known in the art prior to the effective filing date of the claimed invention as taught by Johnson (See Fig. 1, ref.# 22, 24, 26). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to further modify modified Ashenfelter by including a clamping system “wherein one or more of the clamping assembly members comprises: a first member to slidably coupled over a hollow outer rod member of the at least two hollow outer rod members; a second member coupled to the first member and laterally extends from the first member; a clamp gripping member having a first end portion, and a second end portion, wherein the clamp gripping member is coupled to the second member from the first end portion, and wherein the clamp gripping member, from the second end portion, is adapted to clamp a required object”, “wherein the clamp gripping member is adjustably coupled to a plurality of orientation including horizontal position or vertical position”, “wherein one or more of the clamping assembly members further comprises: a first tightening knob adjustably couple the first member and the second member; a second tightening knob adjustably couple the first member to the hollow outer rod member of the at least two hollow outer rod members to slidably couple the first member, the second member, and the first tightening knob on the hollow outer rod member of the at least two hollow rod members”, “wherein the one or more clamping assembly member comprises: a first member to slidably coupled over a hollow outer rod member of the at least two hollow rod members; a second member coupled to the first member and laterally extends from the first member; a clamp gripping member having a first end portion, and a second end portion, wherein the clamp gripping member is coupled to the second member from the first end portion, and wherein the clamp gripping member, from the second end portion, is adapted to clamp a required object” and “wherein one or more of the clamping assembly members further comprises: a first tightening knob adjustably couple the first member and the second member; a second tightening knob adjustably couple the first member to the hollow outer rod member of the at least two hollow outer rod members to slidably couple the first member, the second member, and the first tightening knob on the hollow outer rod member of the at least two hollow outer rod members” in order to securely fix backdrops of different sizes and widths to the frame.
Claim(s) 8, 9, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashenfelter (US 2,410,330) in view of Shi (US 2023/0418132) and Jones (US 7,789,356) as applied to claims 1 and 13 above, and further in view of Riddel, et al. (US 9,989,836).
Regarding claims 8 and 14, Ashenfelter modified by Jones discloses all the structure set forth in the claims including “wherein one or more of the gear assembly member(s) is a camera mount member, wherein the camera mount member comprises: a mounting plate slidably coupled the elongated inner rod member; a gear mount member pivotally coupled to the mounting plate; a pivoting member pivotally coupling the mounting plate and the gear mount member” (See Jones; Figure 1). However, modified Ashenfelter does not teach “a handle extending from the pivoting member to orient the gear mount member at a plurality of angles.” However, a pivoting camera mount with a handle was well known in the art prior to the effective filing date of the claimed invention as taught by Riddel (See Fig. 2, ref.# 101, 117). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Ashenfelter by including “a handle extending from the pivoting member to orient the gear mount member at a plurality of angles” in order to allow the user fine control of the position of a camera attached the frame.
Regarding claims 9 and 15, modified Ashenfelter discloses “wherein the camera mount member further comprises: a mounting plate tightening knob to slidably couple the mounting plate to the elongated inner rod member, wherein the mounting plate tightening knob engages with at least one slot extending across the length of the elongated inner rod member to slidably couple the mounting plate to the elongated inner rod member.” (See Jones, Figure 1, ref.# 11, 23, 30)
Claim(s) 10, 11, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashenfelter (US 2,410,330) in view of Shi (US 2023/0418132), Jones (US 7,789,356) and Riddel, et al. (US 9,989,836) as applied to claims 8 and 14 above, and further in view of McDonald (US 2013,0170823)
Regarding claims 10, 11, 16 and 17, modified Ashenfelter does not teach a phone mount member. Thus, modified Ashenfelter does not teach (Claims 10 and 16) “a phone mount member to be detachably coupled to the camera mount member, wherein the phone mount member comprises: an attachment member adapted to be detachably coupled to the gear mount member of the camera mount member; an extending member extends from the attachment member; a phone attaching member coupled to the extending member to attach a phone parallelly aligned to the extending member; and the extending member and phone attaching member are perpendicularly aligned to each other” and (Claims 11 and 17) “wherein the phone mount member further comprises: an attachment member tightening knob to couple the mounting member to the gear mount member of the camera mount member.” However, a phone mount member attachable to a camera support mount was well known in the art prior to the effective filing date of the claimed invention as taught by McDonald (See Figures 1 and 2). Thus, it would have been obvious to one having ordinary skill the art prior to the effective filing date of the claimed invention of include a phone mount member with the structure of Jones such that “a phone mount member to be detachably coupled to the camera mount member, wherein the phone mount member comprises: an attachment member adapted to be detachably coupled to the gear mount member of the camera mount member; an extending member extends from the attachment member; a phone attaching member coupled to the extending member to attach a phone parallelly aligned to the extending member; and the extending member and phone attaching member are perpendicularly aligned to each other” and “wherein the phone mount member further comprises: an attachment member tightening knob to couple the mounting member to the gear mount member of the camera mount member” in order to securely hold a cell phone to the frame while using the camera of the phone as the imaging device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashenfelter (US 2,410,330) in view of Shi (US 2023/0418132) and Jones (US 7,789,356) as applied to claims 1 above, and further in view of Zhang, et al. (CN 221248570).
Regarding claim 12, modified Ashenfelter discloses all the structure set forth int the claim except “a bubble level indicator to indicate whether or not the photography accessory holding assembly is in horizontal orientation.” However, the use of a bubble level indicator on a horizontal holding system was well known in the art prior to the effective filing date of the claimed invention as taught by Zhang (See Fig. 1 and 3: ref.# 13). Thus, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to further modify Ashenfelter to include “a bubble level indicator to indicate whether or not the photography accessory holding assembly is in horizontal orientation” in order to avoid any tilt in a camera position that might degrade the image.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kim, et al. (US 9,983,464), Starns (US 8,526,802) and Simons (US 3,586,278) teach a frame system supporting a camera.
Baker (US 2013/0097058) teaches a frame system supporting a backdrop.
Korean reference (KR 200468697), Bimbi (US 5,009,337), Wouden (US 4,449,656) and Degler (US 2,325,592) teach a horizontal frame consisting of an elongated inner rod member and at least two hollow outer rod members.
Fielden, et al. (US 6,357,710) teaches a holding device with a clamp at one end.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY FULLER whose telephone number is (571)272-2118. The examiner can normally be reached 8:00 am - 4:30 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY E FULLER/Primary Examiner, Art Unit 2852
February 4, 2026