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 .
Specification
The disclosure is objected to because of the following informalities:
(paragraph 0012): “6hows” is a typographical error and should be “shows”
Appropriate correction is required.
The use of the term “Velcro” (paragraph 0031 and Claim 18), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following item(s) must be shown or the feature(s) canceled from the claim(s):
(Claim 15): “wherein the camera stick length is adjustable”
(Claim 16): “wherein the camera stick has a telescoping portion”
No new matter should be entered.
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 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180130902).
Regarding claim 1, Jeon discloses “a camera stick having an upper stick portion (Fig. 1, ref.# 114) and a lower stick portion (Fig. 1, ref.# 112) coupled to a phone clamp (Fig. 1, ref.# 130), the phone clamp adapted to cradle a phone (Fig. 1, ref.# 2) having a phone camera; and an attachment arm (Fig. 1, ref.# 110) coupled with the camera stick, the attachment arm having a first coupling portion (Fig. 1, ref.# 122), the first coupling portion adapted to couple with a second coupling portion (Fig. 10, ref.# 3) of an apparatus (Fig. 10, ref.# 117 adapted to hold an object (Fig. 1 & 10, ref.# 1) substantially in a field of view of the camera (abstract).”
Regarding claim 2, Jeon discloses “a handle (page 3 of translation, 7th paragraph: grip) connected with the camera stick (Fig. 1, ref.# 112, 114) for moving the object (Fig. 1, ref.# 1) and phone camera (Fig. 1, ref.# 2) together.”
Regarding claim 3, Jeon discloses “a button operable to communicate with the phone camera and photograph the object.” (page 2 of translation, 2nd & 4th paragraph: button)
Regarding claim 4, Jeon discloses “wherein the attachment arm is substantially L shaped.” (Fig. 1, ref.# 110, 120; Fig. 4, ref.# 113, 116, 120)
Regarding claim 5, Jeon discloses “wherein the attachment arm is substantially curved.” (Fig. 9, ref.# 111, 112, 113, 114)
Regarding claim 6, Jeon discloses “wherein the phone clamp is adjustable to allow the field of view of the camera to be adjusted.” (Fig. 1, ref.# 130; page 5 of translation, 6th & 7th paragraphs: grip portions)
Regarding claim 7, Jeon discloses “wherein the first coupling portion has a screw receptacle adapted to couple with the second coupling portion having a screw.” (Fig. 1, ref. # 122)
Regarding claim 8, Jeon discloses “wherein the attachment arm is flexible allowing the object to appear in different portions of the field of view of the camera.” (Fig. 9, ref.# 111, 112, 113, 114)
Regarding claim 9, Jeon discloses “a handle (page 3 of translation, 7th paragraph: grip) coupled with a camera stick (Fig. 1, ref.# 112, 114), the handle having a button (page 2 of translation, 2nd & 4th paragraph: button) adapted to communicate with a phone having a phone camera (Fig. 1, ref.# 2); an attachment arm (Fig. 1, ref.# 116) attached to the camera stick having a first coupling portion (Fig. 1, ref.# 122) adapted to couple with a second coupling (Fig. 10, ref.# 3) of an animal toy apparatus (Fig. 1 & 10, ref.# 1); and a phone clamp (Fig. 1, ref.# 130) attached to the camera stick, the phone clamp adapted to hold the phone in a position wherein an animal toy of the animal toy apparatus is substantially in a field of view of the phone camera (abstract).”
Regarding claim 10, Jeon discloses “wherein the first coupling has a screw receptacle adapted to couple with a screw portion of the animal toy apparatus.” (Fig. 1, ref.# 122)
Regarding claim 11, Jeon discloses “wherein the button and the phone are adapted to communicate wirelessly.” (page 2 of translation, 2nd & 4th paragraph: button)
Regarding claim 12, Jeon discloses “wherein the attachment arm is substantially L shaped.” (Fig. 1, ref.# 110, 120; Fig. 4, ref.# 113, 116, 120)
Regarding claim 13, Jeon discloses “wherein the attachment arm is substantially curved.” (Fig. 9, ref.# 111, 112, 113, 114)
Regarding claim 14, Jeon discloses “wherein the attachment arm is flexible allowing the animal toy position in the field of view to change.” (Fig. 9, ref.# 111, 112, 113, 114)
Regarding claim 15, Jeon discloses “wherein the camera stick length is adjustable.” (page 2 of translation, 2nd paragraph: telescoping rod)
Regarding claim 16, Jeon discloses “wherein the camera stick has a telescoping portion.” (page 2 of translation, 2nd paragraph: telescoping rod)
Regarding claim 17, Jeon discloses “wherein the attachment arm is rigid.” (Fig. 1, ref.# 116)
Regarding claim 19, Jeon discloses “means (Fig. 1, ref.# 130) for holding a phone (Fig. 1, ref. # 2) having a phone camera; and means (Fig. 1, ref.# 100) for holding an animal toy (Fig. 1, ref.# 1) in the field of view of the phone camera (abstract).”
Regarding claim 20, Jeon discloses “means for commanding the phone to take a picture of the animal toy.” (page 2 of translation, 2nd & 4th paragraph: button)
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (KR 20180130902) in view of Eberhardt (US 2007/0172223).
Regarding claim 18, Jeon discloses all the structure set forth in the claim except “wherein the first coupling portion is VELCRO.” However, attaching an attention getting object to be viewed by a camera with a coupling portion that is Velcro was well known in the art prior to the effective filing date of the claimed invention as taught by Eberhardt (See Fig. 5c; paragraphs 0027, 0042). 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 Jeon wherein the first coupling portion is VELCRO in order to quickly exchange and/or replace the attention getting object.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lee (KR 20240020486), Shang, et al. (CN 217441321), Lin, et al. (CN 212156449) and Hill, et al. (US 2020/0297205) teach a camera stick apparatus comprising: a camera stick having an upper stick portion and a lower stick portion coupled to a phone clamp, the phone clamp adapted to cradle a phone having a phone camera; and an attachment arm coupled with the camera stick, the attachment arm having a first coupling portion, the first coupling portion adapted to couple with a second coupling portion of an apparatus adapted to hold an object substantially in a field of view of the camera.
Markle (US 2,599,269) teaches a camera setup with an attachment arm having a first coupling portion, the first coupling portion adapted to couple with a second coupling portion of an apparatus adapted to hold an object substantially in a field of view of the camera.
Xue, et al. (CN 207884773) and Rogers (WO 2018094045) teach a camera stick with a phone clamp and an attachment arm.
Liu (US 2019/0257142), Tian, et al. (CN 205545477), Li (US 9,170,473) teach a camera stick with a phone clamp.
Chen (CN 206005528) and Ritchey (US 2007/0119384) teach a pet stick with a attention getting object.
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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/RODNEY E FULLER/Primary Examiner, Art Unit 2852
February 19, 2026