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 5/18/2026 have been fully considered but they are not persuasive.
Applicant argues claim 1 has been amended to distinguish as it may be observed the clamping device 140 does not selectively impede rotation of either of the first rotatable assembly nor the second rotatable assembly.
However, the claim is still anticipated by Johnson with a different interpretation of components. As Applicant’s amendment changes the scope of the claim this new interpretation is in view of Applicant’s amendment and can therefore be properly made final.
See updated rejection below for Examiner’s interpretation. NOTE: the double patenting rejection has been maintained as the claims are still anticipated by Johnson.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 10,012,890; over claims 1-13 of U.S. Patent No. 10,365,544; over claims 1-13 of U.S. Patent No. 10,754,228; over claims 1-34 of U.S. Patent 11,163,219; and over claims 1-12 of U.S. Patent 12,038,675 (all Johnson et al). Although the claims at issue are not identical, they are not patentably distinct from each other because they encompass substantial portions of the claims of the application and any missing limitations are clearly recited as part of the specification (see art rejection below) and one of ordinary skill in the art would have reasonable foreseen they could have been added to the claims of the patents at the time of issuing the patent.
NOTE: the version of the Johnson references have been applied below as several of it’s publications are also 102(a)(1) publications (and appears to not be eligible for any exception). However, the MPEP requires all appropriate rejections be applied (MPEP 822), therefore while any amendment rendering Johnson non-anticipator and non-obvious as prior art also likely overcomes the above double patenting rejections the Examiner is required to provide said double patenting rejections as they are appropriate for the claims at this time.
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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2017/0315428 A1 to Johnson et al.
With respect to claim 1 Johnson discloses, in Fig. 1-27, an imaging device assembly (100) comprising: (a) a first rotatable assembly (110) supportable by a support that is configured to rotate in a generally horizontal plane (Fig. 1 an paragraph 37 and 40) and a horizontal locking member having a user operable horizontal locking member portion suitable to selectively impede said rotation of said first rotatable assembly in said generally horizontal plane (paragraph 37 and column 2 lines 52-67 of US 9,063,397 which has been incorporated by reference which shows a rotational locking portion on the bottom of clamp 10); (b) a second rotatable assembly (150) that is configured to rotate in a generally vertical plane (paragraph 39-40) and a vertical locking member having a user operable vertical locking member portion suitable to selectively impede said rotation of said second rotatable assembly in said generally vertical plane (paragraph 39 and column 2 lines 52-67 of US 9,063,397 which has been incorporated by reference; where the second rotatable assembly has the same configuration as the first); (c) an interconnection structure (120 and 130) that interconnects said first rotatable assembly to said second rotatable assembly such that said second rotatable assembly is rotatable around a central location of said first rotatable assembly at an elevation higher than said first rotatable assembly and offset laterally from said central location of said first rotatable assembly (Fig. 1 and paragraph 38-39); (d) said user operable horizontal locking member portion proximate a first terminal portion (clamp jaw 14 in Fig. 2 of incorporated patent) of said first rotatable assembly, said location of said first rotatable assembly proximate a second terminal portion (other clamp jaw on portion 12 of the Fig. 2 of incorporated patent) of said first rotatable assembly, where said first terminal portion of said first rotatable assembly and said second terminal portion of said first rotatable assembly at opposing ends of said first rotatable assembly (Fig. 2 of incorporated Patent; where they are at opposing ends as the rotational stopping portion is on the bottom and the clamp jaws is on the top of the clamp), said user operable vertical locking member portion proximate a first terminal portion of said second rotatable assembly, where said rotatable portion of said second rotatable assembly proximate a second terminal portion of said second rotatable assembly, where said first terminal portion of said second rotatable assembly and said second terminal portion of said second rotatable assembly at opposing ends of said second rotatable assembly (paragraph 39 and previous discussion of horizontal locking member portion as the vertical clamp is the same configuration).
With respect to claim 2 Johnson discloses, in Fig. 1-27, the imaging device assembly of claim 1 wherein said first rotatable assembly includes a pair of opposed inclined edges suitable to be secured to jaws of a clamp (paragraph 37-38).
With respect to claim 3 Johnson discloses, in Fig. 1-27, the imaging device assembly of claim 1 wherein said first rotatable assembly includes a threaded opening therein in a vertical orientation suitable to be secured to a threaded member supported by a tripod (paragraph 43).
With respect to claim 4 Johnson discloses, in Fig. 1-27, the imaging device of claim 1 wherein said first rotatable assembly includes said horizontal locking member (paragraph 38).
With respect to claim 5 Johnson discloses, in Fig. 1-27, the imaging device of claim 1 wherein said interconnection structure includes said vertical locking member (paragraph 39 and column 2 lines 52-67 of US 9,063,397 which has been incorporated by reference; where the second rotatable assembly has the same configuration as the first).
With respect to claim 6 Johnson discloses, in Fig. 1-27, the imaging device of claim 1 wherein said interconnection structure and said second rotatable assembly includes said vertical locking member (Fig. 1 and paragraph 39).
With respect to claim 7 Johnson discloses, in Fig. 1-27, the imaging device of claim 1 wherein said user operable horizontal locking member portion is positioned on a terminal end of said first rotatable assembly (Fig. 1).
With respect to claim 8 Johnson discloses, in Fig. 1-27, the imaging device of claim 1 wherein said user operable vertical locking member portion is positioned on a side of said interconnection structure (Fig. 1).
Conclusion
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 DANIEL M PASIEWICZ whose telephone number is (571)272-5516. The examiner can normally be reached M-F 9 AM - 5:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571)272-7495. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M PASIEWICZ/Primary Examiner, Art Unit 2699
August 20, 2026
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