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 .
Amendment filed 11/28/2025 has been entered. Claims 1-20 remain pending with claims 17-20 withdrawn as being non-elected.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: height adjustment mechanism and extension mechanism in claims 1 and 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Applicant defines the height adjustment mechanism as mechanism 2216 shown in Fig. 22 and the extension mechanism as the button which enables extension/retraction.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kulesia US 10767807 (hereinafter Kulesia) in view of Sherrod US 2022/0395978 (hereinafter Sherrod).
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Re. Cl. 1, Kulesia discloses: An adjustable camera stand (100, Fig. 1), comprising: a base (101, Fig. 1): a vertical pole (103, Fig. F) extending from the base (see Fig. 1-2) in a fixed, vertical direction (see Fig. 2); an arm (40, Fig. 2) extending horizontally from the pole (see Fig. 2), the arm being only horizontally extendable and rotatable about the vertical pole (see Fig. 1-3, arm can be adjusted about the length of 103 and rotated relative to 103 as shown in Figs. 5a-5j) ; an appliance attached to the arm (107, Fig. 1); an appliance attachment mechanism (see annotated figure 2), connecting the appliance to the arm, including a user- graspable portion (see annotated figure 2) that rotates the appliance with respect to the arm to hold the appliance in a fixed orientation as a user movement of the appliance causes the arm to extend and retract; a height adjustment mechanism (113, Fig. 1 and 803, Fig. 9) for adjusting a height of the arm on the pole (see Fig. 1, about vertical adjustment arrow along 103), with the height adjustment mechanism clamping the arm at a desired zoom and allowing the arm to move in a horizontal plane without changing the zoom (see Fig. 1-3 and 8-10a, by adjusting 109, the height adjusting mechanism can clamp the arm at a desired vertical location and allow the arm 105 to move along the horizontal directional line shown in Fig. 1); and an extension mechanism (117, Fig. 1 and 805, Fig. 9) in the arm that has enough friction to hold the arm in place but allows the arm to be extendable and retractable with respect to the pole in response to a user pulling or pushing the appliance in response to force applied to the arm from the appliance by the user (see Fig. 1-3 and 8-10a, by adjusting the friction using 109, the extension mechanism has enough friction to hold the arm in place while allowing the arm to be extendable and retractable by overcoming the friction created by 109 and 809).
Re. Cl. 3, Kulesia discloses: the extension mechanism has sufficient friction to prevent movement of the arm in the absence of the application of force by a user (see Fig. 1-3 and 8-10a, by adjusting 109, the friction can be adjusted and thus sufficient friction can be applied to prevent movement of the arm absent force from the user).
Re. Cls. 1 and 6-8, Kulesia discloses the stand is used with various different appliances for one or more tasks (Col. 3, Lines 56-59). Kulesia does not disclose the vertical pole is rotatable with respect to the base, the appliance is a camera; movement of the graspable portion causes the pole to rotate; movement of the stand thereby maintaining an image orientation of an image captured by the camera or manually adjusting a zoom of the camera by adjustment of the stand; pushing or pulling the stand causing the pole to rotate (Cl. 1), machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors to perform operations including: maintain an alignment of an image as the camera is moved (Cl. 6), the machine-readable non- transitory storage medium further includes instructions configured to cause one or more processors to maintain an alignment of an image of the camera in response to an alignment activation signal (Cl. 7) or the alignment activation signal comprises one of: a touch detection signal; a signal in response to a detected gesture in a field of view of the camera; a button activation; a movement detection signal (Cl. 8). Sherrod discloses an adjustable camera stand (Fig. 1) which includes a base (see flat bottom near A1, Fig. 1), a vertical support (see vertical support which includes A2, A3, Fig. 1) which is rotatable with respect to the base (see Fig. 1, about A1), an arm (see Fig. 1, where A4 is located), and a camera (122, Fig. 1) attached to the arm (see Fig. 1). Sherrod further discloses movement of the stand capable of causing the pole to rotate (see Fig. 1 about A1); movement of the stand thereby maintaining an image orientation of an image captured by the camera or manually adjusting a zoom of the camera by adjustment of the stand (see Fig. 1, by adjusting the position of the camera 122 relative to object 124); pushing or pulling the stand causing the pole to rotate (see Fig. 1, about A1). Sherrod discloses a camera control stand (Fig. 1) which includes machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors to perform operations (Paragraph 0155, Lines 1-7) including: maintain an alignment of an image as the camera is moved (Paragraph 0141, Lines 1-7); the machine-readable non- transitory storage medium further includes instructions configured to cause one or more processors to maintain an alignment of an image of the camera in response to an alignment activation signal (Paragraph 0141, signals such as times, motion types as listed); the alignment activation signal comprises one of: a touch detection signal; a signal in response to a detected gesture in a field of view of the camera; a button activation; a movement detection signal (motion types, as discussed in Paragraph 0141).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kulesia device to enable its vertical pole to be rotatable with respect to the base as disclosed by Sherrod with reasonable expectation of success to provide an additional degree of freedom, thus increasing the usability of the device. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kulesia device to support a camera as disclosed by Sherrod with reasonable expectation of success since Kulesia device discloses that various appliances can be supports to accomplish a task (Col. 3, Lines 56-59) and Sherrod discloses that a camera is a known device used to record and focus on an object (Paragraph 0062, Lines 9-12).
Claim(s) 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kulesia in view of Sherrod as applied to claims 1, 3 and 6-8 above, and further in view of Chen US 2015/0117671 (hereinafter Chen).
Re. Cls. 9-10, the combination discussed above does not disclose an array of microphones mounted in the camera attachment mechanism (Cl. 9) or machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors to perform operations including: activating selected ones of the microphones in the array in response to a detected origin of sound (Cl. 10). Chen discloses a system of controlling microphones (100) which includes using multiple microphones (see 144a, 144b, Fig. 1) which are controlled by machine-readable non-transitory storage medium that includes instructions configured to cause one or more processors to perform operations (see claim 13) including: activating selected ones of the microphones in the array in response to a detected origin of sound (see Fig. 1 and Claim 13; bases on the SNR values).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the camera of the Kulesia in view of Sherrod device to have multiple microphones controlled by machine readable non-transitory storage medium as disclosed by Chen with reasonable expectation of success to provide capturing of sound with the best quality possible.
Allowable Subject Matter
Claims 2 and 4-5 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.
Claims 11-16 are allowable over the prior art of record.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3 and 6-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bowman US 2016/0312950, Lynch US 2019/0384143, Oddsen US 2001/0023914, Dyson US 2014/0029248, Guzman US 4140296, Lee US 6764055, and Nicholas US 3627244 disclose other known adjustable stands which are presented to the Applicant for their consideration..
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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