DETAILED ACTION
I. 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 .
II. Priority
A. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 365(c) or 386(c) is acknowledged.
B. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) as well as the filing of the certified copies of papers required by 37 CFR 1.55.
III. Election/Restrictions
Applicant's election of Group I with traverse is acknowledged. The traversal is on the grounds that the claims are now unified because claim 21, part of Group II, has been amended to depend on claim 1, part of Group I. This is not found persuasive because Applicant has only presented two unity-lacking inventions into a single claim. Therefore, the requirement is still deemed final.
Claims 21-26 and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. The examiner notes with appreciation Applicant observing that claim 28 is dependent on claim 21, which is part of Group II.
IV. Claim Interpretation
The limitations, state switching device, first to fourth driving members, and driving part, do NOT invoke interpretation under 35 U.S.C. 112(f). Although these limitations recite generic placeholders (device, member, part), are followed by respective functions, and are not modified by sufficient structure for performing those functions, the examiner submits that the drawings and specification impart structure to these elements. Specifically, the terminal apparatus is depicted as a physical structural piece in Fig. 1. Fig. 6 illustrates a block diagram with a processor (state switching device) interconnected with other components of the apparatus. Figs. 4-11 also illustrate the driving members with the driving part illustrated in Fig. 4, as distinct structural elements. Moreover, the specification describes the structural makeup of these elements along with how they are interconnected to accomplish the functions of the apparatus. Accordingly, state switching device, first to fourth driving members, and driving part do not invoke 112(f) interpretation. All claim limitations will be afforded their broadest reasonable interpretation in light of the specification and/or their ordinary and customary meaning as understood by one skilled in the art.
V. Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
A. Claims 1-4,8,11,16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the WIPO publication of Jin et al. (WIPO publication number: WO 2020/189902 A1) in view of Chen et al. (US 2021/0105407 A1)
As to claim 1, Jin et al. teaches a terminal apparatus (Fig. 1, electronic device “1”), comprising:
a housing (Fig. 1, power source “20” and cover “120”) provided with at least one mounting cavity (Fig. 1, area of cover “120” in which movable element “110” is positioned), the mounting cavity having at least one opening (Fig. 1, open portion “121”);
an image acquisition device (Fig. 1, optical element “112”; [14]) disposed in the mounting cavity (Fig. 1), wherein the image acquisition device is capable of being switched between a first state and a second state, the first state is a state in which the image acquisition device is exposed by an opening of the housing (Fig. 1; [49]), and the second state is a state in which the image acquisition device is shielded by the housing (Fig. 2; [50]); and
a state switching device (Fig. 6, driver “140”) configured to switch the image acquisition device to the first state or the second state ([50]).
Claim 1 differs from Jin et al. in that it requires (1) that the terminal apparatus include an audio device disposed in the mounting cavity and capable of being switched between a third state and a fourth state, the third state is a state in which the audio device is exposed by the opening, and the fourth state is a state in which the audio device is shielded by the housing, and (2) that the state switching device is configured to switch the audio device to the third state or the fourth state. However, in the same field of endeavor as the instant application, Chen et al. teaches an electronic device (Fig. 1, electronic device “E1”) comprising a camera and a microphone positioned in a rotatable module ([0050], lines 4-8). The module may be rotated to a position in which both the camera and microphone are exposed (Fig. 5C; [0050], lines 27-31) through an opening in the body of the electronic device (Fig. 5C, device body “1’”) and a position in which the camera and microphone are blocked by the body of the electronic device (1) (Fig. 5B; [0050], lines 22-27).
In light of the teaching of Chen et al., the examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include a microphone in Jin’s movable element that is exposed with the optical element through the open portion when in the position of Jin’s Fig. 1 and blocked by the cover when in the position of Jin’s Fig. 2, pursuant to operation by the driver (2). One of ordinary skill in the art would recognize that the addition of a microphone would allow Jin’s camera to capture video with associated sound. Furthermore, by blocking the microphone, a peripheral that also may be susceptible to tampering can be protected for privacy (see Chen et al., [0053]).
As to claim 2, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 1, wherein the housing includes a base (see Jin et al., Fig. 1, power source “20”) and a shielding housing (see Jin et al., Fig. 1, “120”), the at least one mounting cavity includes a first mounting cavity enclosed by the base and the shielding housing (see Jin et al., Fig. 4), and the at least one opening includes a first opening disposed in the shielding housing (see Jin et al., Fig. 1, open portion “121”);
the terminal apparatus further comprises:
a rotation housing (see Jin et al., Fig. 1, movable element “110”; [27], line 1) disposed in the first mounting cavity and rotationally connected to the base (see Jin et al., Figs. 1 and 2), wherein the rotation housing is provided with a first sub-cavity (see Jin et al., Fig. 5), and the image acquisition device is fixed in the first sub-cavity (see Jin et al., Fig. 5); the rotation housing is provided therein with an image acquisition window, and the image acquisition window exposes a photosensitive surface of the image acquisition device (The movable element inherently has a window through which light can transmit to the optical element.);
the first state is a state in which the image acquisition window is exposed by the first opening (see Jin et al., Fig. 1), and the second state is a state in which the image acquisition window is shielded by the shielding housing (see Jin et al., Fig. 2); and
the state switching device includes a first driving member (see Jin et al., Fig. 6, actuator “141” and driving shaft “142”), and the first driving member is configured to control the rotation housing to rotate (see Jin et al., [49], lines 1 and 2), so that the image acquisition window and the first opening are staggered or overlap (see Jin et al., Figs. 1 and 2).
As to claim 3, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 2, wherein the audio device is fixed in the first sub-cavity (see Jin et al., Figs. 4 and 5), the rotation housing is further provided therein with an audio window, and the audio window exposes the audio device (see Chen et al., Fig. 5C, unnumbered microphone holes);
the third state is a state in which the audio window is exposed by the first opening (see Jin et al., Fig. 1; see Chen et al., Fig. 5C), and the fourth state is a state in which the audio window is shielded by the shielding housing (see Jin et al., Fig. 2; see Chen et al., Fig. 5B); and
the state switching device further includes a second driving member (see Jin et al., Fig. 6, actuator “141” and driving shaft “142”), and the second driving member is configured to drive the rotating housing to rotate, so that the audio window and the first opening are staggered or overlap (see Jin et al., Figs. 1 and 2; see Chen et al., Figs. 5B and 5C).
As to claim 4, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 3, wherein the first driving member and the second driving member are the same driving member (see Jin et al., Fig. 6, actuator “141” and driving shaft “142”).
As to claim 8, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 2, wherein the first driving member includes a first rotating shaft (see Jin et al., Fig. 6, driving shaft “142”) and a driving part (see Jin et al., Fig. 6, actuator “141”) that are rotatable relative to each other (see Jin et al., [46], lines 1-3), the driving part is fixedly connected to the rotation housing, the first rotating shaft is fixedly connected to the base (see Jin et al., Fig. 6; {The driving shaft “142” is indirectly fixed to the power source through the movable element “110.”}), and the driving part is capable of driving the rotation housing to rotate around the first rotating shaft (see Jin et al., [46], lines 4-7).
As to claim 11, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 3. Although it is not stated expressly in Chen et al., the examiner takes official notice to the idea of tuning a microphone to have peak sensitivity in a direction toward an opening of an electronic device. One of ordinary skill in the art would have been motivated to the maximize the sensitivity of the microphone of Jin et al., as modified by Chen et al., in a direction toward the microphone hole in the movable element as this would allow for recording of high quality, unmuffled sound.
As to claim 16, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 1, wherein the state switching device further includes a processor coupled to the image acquisition device and the audio device; and the processor is configured to: control the audio device to be switched to the third state when the image acquisition device is in the first state, and control the audio device to be switched to the fourth state when the image acquisition device is in the second state; or
the audio device includes a microphone (see Chen et al., Fig. 6, microphone “22’”) and/or a speaker.
As to claim 20, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 1, wherein in the first state, the image acquisition device works to capture external images, and in the second state, the image acquisition device stops working to stop capturing external images (see Jin et al., Figs. 1 and 2; [49] and [50]); and/or in the third state, the audio device works to receive external sounds or transmit sounds to an outside, and in the fourth state, the audio device stops working to stop receiving external sounds or stop transmitting sounds to the outside.
B. Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (WO 2020/189902 A1) in view of Chen et al. (US 2021/0105407 A1) and further in view of Raghupathy et al. (US # 11,035,517 B2)
As to claim 27, Jin et al., as modified by Chen et al., teaches the terminal apparatus according to claim 1. The claim differs from Jin, as modified by Chen et al., in that it further requires that the terminal apparatus be part of a control system also including a server coupled to the terminal apparatus and a mobile device coupled to the server. However, in the same field of endeavor as the instant application, Raghupathy et al. discloses a network-connected camera (Figs. 2A and 2B, camera “118”) comprising an image sensor (col. 13, lines 12-14) and a microphone (col. 14, lines 8-10). Video captured by the camera may be uploaded to server (col. 12, lines 24-26), and a user may access the video on the server through their mobile device (col. 12, line 66 – col. 3, line 11). In light of the teaching of Raghupathy et al., the examiner submits that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to configure Jin’s electronic device as part of a system in which video captured by the device’s camera is uploaded to a server where it may be accessed by a user on their mobile device because this would allow the user to remotely monitor locations where the device is located, thereby ensuring security of the location.
VI. Allowable Subject Matter
Claims 5,6,9, and 12 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 the examiner’s statement of reasons for the indication of allowable subject matter: As to claim 5, the prior art fails to disclose rotating a rotation housing with a camera and audio device between a state in which both are not exposed and a state where both are exposed through windows respectively in a shield housing and a base on which the housing is positioned. Claim 6 is allowable because it depends on claim 5. As to claims 9 and 12, the prior art fails to disclose the claimed through holes in the rotation housing and base, the first and second rotating shafts, a base with a limiting opening, or a base with a limiting opening that cooperates with a protrusion block on the rotation housing.
VII. Additional Pertinent Prior Art
Huang et al. (US 2019/0033926 A1) teaches a mobile device having a camera in a housing that rotates between an operative and inoperative state. Wada et al. (US 2014/0248045 A1) discloses a camera housing that rotates between positions, one of which blocks the camera from capturing a complete field of view. However, neither reference moves to different positions to protect privacy.
VIII. Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J DANIELS whose telephone number is (571)272-7362. The examiner can normally be reached M-F 9:00 AM - 5:00 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, Sinh Tran can be reached at 571-272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY J DANIELS/Primary Examiner, Art Unit 2637
5/31/2026
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