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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/19/2024 and 10/2/2024 were considered by the examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in The Federal Republic of Germany on 5/31/2023. It is noted, however, that applicant has not filed a certified copy of the DE102023114207.0 application as required by 37 CFR 1.55.
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 use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of at least one pair of data glasses” in claim 20.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 10, 11, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Warzelhan et al. (US 2016/0205355) in view of Layne (US 2021/0325679).
Regarding Claim 1, Warzelhan discloses (a) data device for a motion picture camera (Abstract, recorded video data), said data device comprising:
a data input which receives camera information comprising at least one of status information of the motion picture camera, configuration information of the motion picture camera or recorded images of the motion picture camera; a display device which displays a representation of the received camera information (Fig. 2, Paragraphs 0044-0045, establish the relative position of the overlap area 14); and
a control device (Fig. 2, smart phone 6 with camera 9, Paragraph 0043) which determines a position relationship indicating at least one of a position or an orientation of the data device relative to the motion picture camera (Fig. 2, Paragraphs 0044-0045, when establishing the relative position of the overlap area 14, the position of the data device (smart phone) is also known, since it is attached to camera 9), and which adjusts a position of the representation of the received camera information at the display device based on the position relationship (Paragraph 0042, lines 9-12, Paragraph 0048, display module 7).
Warzelhan does not specifically disclose data glasses.
However, Layne, in the same field of endeavor, teaches data glasses (Paragraph 0028, lines 1-4, eyewear such as glasses receiving data from variety of sources, such as an external camera 150, Paragraph 0037, lines 5-10), for the purpose of providing hands-free collection of data by a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the data device of Warzelhan with the data glasses of Layne, for the purpose of providing hands-free collection of data by a user.
Regarding Claim 10, Warzelhan in view of Layne discloses as is set forth above and Warzelhan further discloses wherein the control device is configured to adapt the representation of the received camera information at the display device based on a distance between the data glasses and the motion picture camera (Paragraph 0045, lines 5-9).
Regarding Claim 11, Warzelhan in view of Layne discloses as is set forth above and Warzelhan further discloses wherein the control device is configured to further adjust the position of the representation of the received camera information at the display device based on a user input (Paragraph 0045, lines 5-9, Paragraph 0015, lines 3-4).
Regarding Claim 20, Warzelhan discloses a method of displaying camera information (Abstract, recorded video data), which comprises status information, configuration information and/or recorded images of at least one motion picture camera (Fig. 2, smart phone 6 with camera 9, Paragraph 0043) located in a real environment, by means of a data device (Fig. 2, Paragraphs 0044-0045, establish the relative position of the overlap area 14), comprising the steps:
determining a position relationship that indicates at least one of a position or an orientation of the data device relative to the at least one motion picture camera (Fig. 2, Paragraphs 0044-0045, when establishing the relative position of the overlap area 14, the position of the data device (smart phone) is also known, since it is attached to camera 9); and
displaying a representation of the camera information at a display device of the data device based on the determined position relationship (Paragraph 0042, lines 9-12, Paragraph 0048, display module 7).
Warzelhan does not specifically disclose at least one pair of data glasses.
However, Layne, in the same field of endeavor, teaches at least one pair of data glasses (Paragraph 0028, lines 1-4, eyewear such as glasses receiving data from variety of sources, such as an external camera 150, Paragraph 0037, lines 5-10), for the purpose of providing hands-free collection of data by a user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the method of Warzelhan with the at least one pair of data glasses of Layne, for the purpose of providing hands-free collection of data by a user.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Warzelhan et al. (US 2016/0205355) in view of Layne (US 2021/0325679), further in view of Ushiro et al. (US 4,404,595).
Regarding Claim 14, Warzelhan in view of Layne discloses as is set forth above (i.e. and at least one pair of data glasses according to claim 1) but doesn’t specifically disclose a motion picture camera system, comprising: at least one motion picture camera having a camera body that has a camera housing, a lens mount for connecting an interchangeable lens and an electronic image sensor.
However, Ushiro, in the same field of endeavor, teaches disclose a motion picture camera system (Fig. 1 and Fig. 2), comprising: at least one motion picture camera having a camera body that has a camera housing (Col. 3, lines 35-38), a lens mount for connecting an interchangeable lens (Col. 2, lines 14-19) and an electronic image sensor (Col. 3, lines 50-57, image sensor 14 is a CCD), for the purpose of having a flexible video camera that can be customized for various lighting conditions.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the data glasses of Warzelhan in view of Layne with disclose a motion picture camera system, comprising: at least one motion picture camera having a camera body that has a camera housing, a lens mount for connecting an interchangeable lens and an electronic image sensor, of Ushiro, for the purpose of having a flexible video camera that can be customized for various lighting conditions.
Allowable Subject Matter
Claims 2-3, 4, 5, 6-7, 8, 9, 12, 13, 15-19, 21, 22, and 23 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.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to claim 2, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein further comprising at least one camera detection sensor which detects at least one of the position or orientation of the data glasses relative to the motion picture camera, wherein the control device determines the position relationship based on signals of the at least one camera detection sensor.
Specifically, with respect to claim 4, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the display device is transparent such that a real environment of the data glasses can be perceived through the display device at least adjacent to the representation of the received camera information, wherein the control device is configured to adjust the position of the representation of the received camera information at the display device such that the representation appears to be superposed on a camera housing of the motion picture camera located in the real environment.
Specifically, with respect to claim 5, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the display device can be selectively switched between a regionally transparent state, in which a real environment of the data glasses can be perceived through the display device, and a regionally opaque state, wherein the control device is configured to switch the display device at least partly opaque in a region that corresponds to the position of the representation of the received camera information and to switch the display device transparent in other regions.
Specifically, with respect to claim 6, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the data glasses are configured to selectively assume an observation mode or a viewfinder mode, wherein, in the observation mode, the display device is at least partly transparent such that a real environment of the data glasses can be perceived through the display device, wherein the control device controls the display device to display a representation of status information or configuration information of the motion picture camera; and wherein, in the viewfinder mode, the control device controls the display device to display a representation of recorded images of the motion picture camera.
Specifically, with respect to claim 8, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the display device comprises a first display layer and a second display layer, wherein the first display layer is configured to display the representation of the received camera information, and wherein the second display layer can at least regionally be switched between a transparent state and an opaque state.
Specifically, with respect to claim 9, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the display device comprises a display layer and a partly transmitting mirror that is configured to reflect a representation of the received camera information, said representation being displayed by the display layer, into the field of view of a user of the data glasses.
Specifically, with respect to claim 12, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein further comprising an eye position sensor for determining a position of an eyeball of a user of the data glasses, wherein the control device is configured to adjust the position of the representation of the received camera information at the display device based on the determined position of the eyeball.
Specifically, with respect to claim 13, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the displayed representation of the received camera information comprises at least one of information on a recording mode of the motion picture camera, a shutter speed, a diaphragm aperture, an ISO sensitivity, a file format, white balance information or a recording type.
Specifically, with respect to claim 15, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the motion picture camera system comprises a plurality of motion picture cameras, wherein the data glasses are configured to display a respective representation of the camera information received from the respective motion picture camera at the display device for each of the plurality of motion picture cameras.
Specifically, with respect to claim 16, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the motion picture camera system comprises a plurality of data glasses, wherein the plurality of data glasses are configured to display different representations of the received camera information at the respective display device based on a respective preset data glasses configuration.
Specifically, with respect to claim 17, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the motion picture camera system further comprises a remote control unit for a remote control of the at least one motion picture camera, wherein the control device of the data glasses is configured to selectively determine a further position relationship that indicates a position and/or orientation of the data glasses relative to the remote control unit, and to adjust the position of the representation of the received camera information at the display device based on the further position relationship.
Specifically, with respect to claim 18, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the at least one motion picture camera has a glasses detection sensor that is configured to detect the position and/or orientation of the at least one pair of data glasses relative to the at least one motion picture camera, wherein the control device of the at least one pair of data glasses is configured to determine the position relationship based on signals of the glasses detection sensor.
Specifically, with respect to claim 19, none of the prior art either alone or in combination disclose or teach data glasses including, as the distinguishing feature(s) in combination with the other limitations, wherein the camera housing of the at least one motion picture camera has at least one projection surface, wherein the control device of the at least one pair of data glasses is configured to adjust the position of the representation of the received camera information at the display device such that the representation appears superposed on the at least one projection surface of the camera housing.
Specifically, with respect to claim 21, none of the prior art either alone or in combination disclose or teach a method including, as the distinguishing feature(s) in combination with the other limitations, wherein comprising the step of adjusting a position of the representation of the camera information at the display device such that the representation of the camera information appears to be arranged in a fixed position in space in relation to the at least one motion picture camera located in the real environment.
Specifically, with respect to claim 22, none of the prior art either alone or in combination disclose or teach a method including, as the distinguishing feature(s) in combination with the other limitations, wherein comprising the step of adjusting a position of the representation of the camera information at the display device such that the representation of the camera information appears to be superposed on a camera housing of the at least one motion picture camera located in the real environment.
Specifically, with respect to claim 23, none of the prior art either alone or in combination disclose or teach a method including, as the distinguishing feature(s) in combination with the other limitations, wherein the representation of the camera information displayed at the display device of the at least one pair of data glasses comprises at least one of a shutter speed, a diaphragm aperture, an ISO sensitivity, a file format, white balance information or a recording type of the at least one motion picture camera.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 2022/0165189), Grau et al. (US 2018/0158246), Bamberger et al. (US 2023/0296885), and Cordes et al. (US 2023/0326142) are cited to show similar devices and methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM.
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, Pinping Sun can be reached on (571) 270-1284. 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.
/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872