Prosecution Insights
Last updated: October 21, 2026
Application No. 18/551,106

Stand for an image recording device, in particular a thermal imaging camera, and system for detecting objects comprising a stand of this kind

Final Rejection §103
Filed
Sep 18, 2023
Priority
Mar 17, 2021 — DE 20 2021 101 357.5 +1 more
Examiner
PHAN, MINH Q
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Xspecter GmbH
OA Round
4 (Final)
76%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
647 granted / 855 resolved
+7.7% vs TC avg
Minimal -4% lift
Without
With
+-4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
22 currently pending
Career history
885
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 855 resolved cases

Office Action

§103
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 09/10/2026 have been fully considered but they are not persuasive. Applicant alleges that Kimura does not teach or suggest the rotary plate arranged on the housing and the pivot drive is arranged on the rotary plate, however applicant is respectfully reminded that while it might be evident, by comparing the patented structure of Kimura with the instant specification and drawings, that the claimed invention is different from the Prior Art made of record, that is not the test for patentability. Rather, it is the language of the claims what defines the meets and bounds of the instant invention. In this case, Kimura teaches said rotary plate (18) is arranged on the housing (the pan base 18 is located on the top of the housing 11); and that part of the pivot drive, which is comprises the tilt base bevel gear 25 is arranged on the rotatory plate, i.e. the gear 25 is provided inside the tilt base 13, positioned on the rotary plate 18, see para. 75. 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) 15, 17-19 and 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura (US Pub. No. 2007/0230946) in view of Yasutake (US Pub. No. 2022/0197118), and further in view of Blackshear (US Patent No. 4,945,367). Regarding claims 15 and 17-19, Kimura teaches a stand for an image recording device, wherein the stand comprises: a fastening unit (para. 140) for detachably fastening the stand to a surface; a rotary plate (18) which is rotatable about a rotation axis; a rotary drive (22) for rotating the rotary plate about the rotation axis; a base (13) which is fastened to the rotary plate so as to be pivotable about a pivot axis ; a pivot drive (25) for pivoting the base; a coupling unit (16-17) which is fastened to the base for detachably fastening the image recording device; a housing (11) wherein said coupling unit is provided outside of the housing; a power source which is connected to the rotary drive and to the pivot drive (para. 64); wherein said rotary drive (22) is arranged in the housing (Fig. 2); where said rotary plate (18) is arranged on the housing (the pan base 18 is located on the top of the housing 11); said pivot drive (25) is arranged on the rotatory plate (the tilt base bevel gear 25 is provided inside the tilt base 13, positioned on the rotary plate 18, see para. 75); wherein the base (13) is attached to the rotary plate (18) so as to be pivotable about a rolling axis (Fig. 1) [claim 18]; wherein at least one of the rotary drive and the pivot drive is designed as an electric motor (para. 74) [claim 19]. Kimura does not specifically teach the fastening unit comprises at least one fastening element, said at least one fastening element comprising at least one of a suction cup, a magnetic element and a screw fastening, wherein the fastening unit is provided outside of the housing and attached to an underside of the housing; wherein the fastening unit has several fastening elements [claim 17]. Yasutake teaches a stand comprises a fastening unit (410) for detachably fastening the stand to a surface, wherein the fastening unit comprises at least one fastening element, said at least one fastening element comprising at least one of a suction cup, a magnetic element and a screw fastening; wherein the fastening unit is provided outside of the housing and attached to an underside of the housing; wherein the fastening unit has several fastening elements (para. 51). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a fastening unit as taught by Yasutake within Kimura’s support base in order to securely fasten said stand to a surface. Kimura, as modified by Yasutake, does not specifically teach an open-loop/closed-loop control unit which is connected in a signal-transmitting manner to the rotary drive and to the pivot drive for actuating the drives with open-loop and/or closed-loop control; a remote control means (42) which is connected in a signal-transmitting manner to the open-loop/closed-loop control unit. Blackshear teaches a stand for an image recording device comprises: an open-loop/closed-loop control unit (61) which is connected in a signal-transmitting manner to the rotary drive and to the pivot drive for actuating the drives with open-loop and/or closed-loop control, a remote control means (42) which is connected in a signal-transmitting manner to the open-loop/closed-loop control unit. It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate an open-loop/close loop control unit as taught by Blackshear within said stand in order enable a remote control of the pan/tilt functions of the stand. Regarding claims 33-34, Kimura teaches a stand for an image recording device, wherein the stand comprises: a fastening unit (para. 14) for detachably fastening the stand to a surface; a rotary plate (18) which is rotatable about a rotation axis; a rotary drive (22) for rotating the rotary plate about the rotation axis; a base (13) which is fastened to the rotary plate so as to be pivotable about a pivot axis ; a pivot drive (22) for pivoting the base; a coupling unit (16-17) which is fastened to the base for detachably fastening the image recording device; a housing (11) wherein said coupling unit is provided outside of the housing; wherein said rotary drive (22) is arranged in the housing (Fig. 2); where said rotary plate (18) is arranged on the housing (the pan base 18 is located on the top of the housing 11); said pivot drive (25) is arranged on the rotatory plate (the tilt base bevel gear 25 is provided inside the tilt base 13, positioned on the rotary plate 18, see para. 75); a power source which is connected to the rotary drive and to the pivot drive (para. 64); Kimura does not specifically teach a fastening unit for detachably fastening the stand to a surface, the fastening unit comprises at least one fastening element, said at least one fastening element comprising at least one of a suction cup, a magnetic element and a screw fastening, wherein the fastening unit is provided outside of the housing and attached to an underside of the housing; wherein the fastening unit has several fastening elements [claim 34]; and the power source is arranged in the housing. Yasutake teaches a stand comprises a fastening unit (410) for detachably fastening the stand to a surface, wherein the fastening unit comprises at least one fastening element, said at least one fastening element comprising at least one of a suction cup, a magnetic element and a screw fastening; wherein the fastening unit is provided outside of the housing and attached to an underside of the housing; wherein the fastening unit has several fastening elements (para. 51); and the power source is arranged in the housing (para. 49). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a fastening unit and a power source as taught by Yasutake within Kimura’s support base in order to securely fasten said stand to a surface and provide power to the stand. Kimura, as modified by Yasutake, does not specifically teach an open-loop/closed-loop control unit which is connected in a signal-transmitting manner to the rotary drive and to the pivot drive for actuating the drives with open-loop and/or closed-loop control; a remote control means (42) which is connected in a signal-transmitting manner to the open-loop/closed-loop control unit; and wherein the remote control means is in wireless signal connection with the open loop/closed loop control unit [claim 20]. Blackshear teaches a stand for an image recording device comprises: an open-loop/closed-loop control unit (61) which is connected in a signal-transmitting manner to the rotary drive and to the pivot drive for actuating the drives with open-loop and/or closed-loop control, a remote control means (42) which is connected in a signal-transmitting manner to the open-loop/closed-loop control unit. It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate an open-loop/close loop control unit as taught by Blackshear within said stand in order enable a remote control of the pan/tilt functions of the stand. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake and Blackshear, and further in view of Ozawa et al. (US Pub. No. 2018/0249085). Regarding claim 20, Kimura in view of Yasutake and Blackshear, teaches all the claimed limitations except for the remote control means is in wireless signal connection with the open- loop/closed loop control unit. Ozawa teaches a system comprises a remote control means (10) is in wireless signal connection with the open-loop/closed loop control unit 310 (para. 71-72). It would have been obvious to one having an ordinary skill in the art before the effective filing date Claim(s) 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake and Blackshear, and further in view of Bei et al. (US Pub. No. 2019/0185182). Regarding claims 21-24, Kimura, in view of Yasutake and Blackshear, teaches all the claimed limitations except for a position sensor and a distance sensor arranged in the housing. Bei teaches a stand comprising a position sensor and a distance sensor arranged in the housing (para. 67). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a position sensor and a distance sensor in order to detect movement of various components of the stand. Claim(s) 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake and Blackshear, and further in view of Kashihara et al. (US Patent No. 4,423,940). Regarding claims 25-27, Kimura in view of Yasutake and Blackshear, teaches all the claimed limitations except for at least one light element for illuminating the surroundings, a lens arrangement is attached to the lighting element for variably setting the focal point of the at least one lighting element [claim 26], and the lens arrangement is a controllable lens arrangement [claim 27]. Kashihara teaches a camera system comprises at least one light element (5) for illuminating the surroundings, a lens arrangement (29) is attached to the lighting element for variably setting the focal point of the at least one lighting element, and the lens arrangement is a controllable lens arrangement. It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate at least one light element as taught by Kashihara within said stand in order to illuminate the surroundings and help with a detection of target object. Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake and Blackshear, and further in view of Reif (US Pub. No. 2019/0020843). Regarding claim 28, Kimura in view of Yasutake and Blackshear, teaches all the claimed limitations except for a marking element for optically marking a target object. Reif teaches a system comprises a marking element for optically marking a target object (para. 20). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a marking system as taught by Reif within said stand in order to facilitate the identification of the target object. Claim(s) 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake and Blackshear, and further in view of Roh (US Pub. No. 2022/0017098). Regarding claims 29-30, Kimura in view of Yasutake and Blackshear, teaches all the claimed limitations except for the open-loop/closed-loop control unit is designed to operate in search mode, wherein the search mode can be automated [claim 30]. Roh teaches a system comprises an open-loop/closed loop control unit designed to operate in search mode, wherein the search mode can be automated (para. 70). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to configure said control unit to operate in a search mode as taught by Roh in order to facilitate a detection of a target object. Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake and Blackshear, and further in view of Bei et al. (US Pub. No. 2019/0185182). Regarding claims 35, Kimura in view of Yasutake and Blackshear, teaches all the claimed limitations except for a distance sensor. Bei teaches a stand comprising a distance sensor (para. 67). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a distance sensor within said camera stand assembly in order to detect a distance of an object from said assembly. Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake, in view of Pettey (US Pub. No. 2009/0179127), and further in view of Blackshear. Regarding claim 31, Kimura teaches a system for detecting objects, wherein said system comprises: a stand for an image recording device, wherein the stand comprises: aa) a fastening unit (para. 140) for detachably fastening the stand to a surface; bb) a rotary plate (18) which is rotatable about a rotation axis with respect to the fastening unit; cc) a rotary drive (22) for rotating the rotary plate about the rotation axis; dd) a base (13) which is fastened to the rotary plate so as to be pivotable about a pivot axis; ee) a pivot drive (22) for pivoting the base; ff) a coupling unit (16-17) which is fastened to the base for detachably fastening the image recording device; gg) a power source which is connected to the rotary drive and to the pivot drive (para. 64); jj) a housing (11); an image recording device (12) configured to be releasably coupled to the stand, wherein said image recording device is arranged outside of the housing. wherein said rotary drive (22) is arranged in the housing (Fig. 2); where said rotary plate (18) is arranged on the housing (the pan base 18 is located on the top of the housing 11); said pivot drive (25) is arranged on the rotatory plate (the tilt base bevel gear 25 is provided inside the tilt base 13, positioned on the rotary plate 18, see para. 75); Kimura does not specifically teach, the fastening unit comprises at least one fastening element, said at least one fastening element comprising at least one of a suction cup, a magnetic element and a screw fastening, wherein the fastening unit is provided outside of the housing and attached to an underside of the housing; and the power source is arranged in the housing. Yasutake teaches a stand comprises a fastening unit (410) for detachably fastening the stand to a surface, wherein the fastening unit comprises at least one fastening element, said at least one fastening element comprising at least one of a suction cup, a magnetic element and a screw fastening; wherein the fastening unit is provided outside of the housing and attached to an underside of the housing; and wherein the power source is arranged in the housing (para. 49). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a fastening unit and a power source as taught by Yasutake within Kimura’s support base in order to securely fasten said stand to a surface and provide power to the stand. Kimura, as modified by Yasutake, does not specifically teach the rotary drive and the pivot drive are built as brushless motors or as servomotors. Pettey teaches a stand for an image recording device comprises: a rotary drive and the pivot drive are built as brushless motors or as servomotors (para. 38). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to substitute servomotors as taught by Pettey for said rotary drive and pivot drive in order to obtain a higher precision and accurate driving control for said drives. Kimura, as modified by Yasutake and Pettey, does not specifically teach the following: hh) an open-loop/closed-loop control unit which is connected in a signal-transmitting manner to the rotary drive and to the pivot drive for actuating the drives with open-loop and/or closed-loop control, ii) a remote control means which is connected in a signal-transmitting manner to the open-loop/closed-loop control unit, which can be detachably fastened to a surface, and c) a display device which is connected in a signal-transmitting manner to the image recording device. Blackshear teaches a system for detecting objects, wherein said system comprises: hh) an open-loop/closed-loop control unit (61) which is connected in a signal-transmitting manner to the rotary drive and to the pivot drive for actuating the drives with open-loop and/or closed-loop control, ii) a remote control means (42) which is connected in a signal-transmitting manner to the open-loop/closed-loop control unit, which can be detachably fastened to a surface, and c) a display device (34) which is connected in a signal-transmitting manner to the image recording device. It would have obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify the functionality of Kimura’s stand with Blackshear in order to facilitate object tracking and/or monitoring. Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Yasutake, Pettey and Blackshear, and further in view of Ozawa et al. (US Pub. No. 2018/0249085). Regarding claim 32, view of Yasutake, Pettey and Blackshear, teaches all the claimed limitations except for the display device comprising VR glasses, which are connected in a signal-transmitting manner to the open-loop/closed-loop control unit for controlling the stand. Ozawa teaches a system comprises a display device comprising VR glasses (20), which are connected in a signal-transmitting manner to the open-loop/closed-loop control unit (310). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify said display device into a VR glasses in order to obtain a portable, hand-free display. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH Q PHAN whose telephone number is (571)270-3898. The examiner can normally be reached Mon-Fri 9am-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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. MINH Q. PHAN Primary Examiner Art Unit 2852 /MINH Q PHAN/ Primary Examiner, Art Unit 2852
Read full office action

Prosecution Timeline

Show 1 earlier event
Aug 26, 2025
Non-Final Rejection mailed — §103
Nov 24, 2025
Response Filed
Apr 16, 2026
Final Rejection mailed — §103
Jun 02, 2026
Request for Continued Examination
Jun 04, 2026
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §103
Sep 10, 2026
Response Filed
Oct 06, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
76%
Grant Probability
71%
With Interview (-4.5%)
2y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 855 resolved cases by this examiner. Grant probability derived from career allowance rate.

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