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 .
Terminal Disclaimer
The terminal disclaimer filed on 8/7/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12124154 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, filed 8/7/2026, with respect to the double patenting rejections of claims 1-11 have been fully considered and are persuasive. The double patenting rejections of claims 1-11 have been withdrawn.
Applicant's arguments filed 8/7/2026 with respect to the rejections of claims 1-9 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant argues that there would be no motivation to combine “Kirk QRLB-T Universal Quick-Release Tall L-Bracket” (hereafter Kirk) in view of Sterns et al. (Pub. No. US 2010/0142036 A1; hereafter Sterns), because “such a second fastening… would inhibit the ability of the connecting member “d” to be selectively securable at each of the 7 positions” (see Applicant’s remarks p. 6). Examiner respectfully disagrees.
Initially, the portion “d” referred to by Applicant is on the bottom of the bracket member, while the proposed second fastening screw of Sterns would be applied to the top of the bracket member in order to connect to the photographic equipment. It is unclear how or why a second fastening member on the opposite side of the device would interfere with the operation of the connection member “d.” Applicant’s assertion that the incorporation of a screw on top of the bracket portion would interfere with the connection portion “d” is therefore unpersuasive. Furthermore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Kirk in view of Sterns reasonably suggests placing a second fastening element extending proud of the photographic equipment interface, as called for in claim 1. Applicant’s arguments are therefore unpersuasive, and the rejections made in view of Kirk and Sterns are maintained.
Applicant’s arguments, filed 8/7/2062, with respect to the rejection(s) of claim(s) 10 and 11 under 35 U.S.C. 103 in view of Kirk and Suzukawa (U.S. Patent No. 2,589,892; hereafter Suzukawa) have been fully considered. In view of the amendments made with respect to claim 1, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kirk, Sterns, and Suzukawa.
Applicant’s arguments rest on the perceived deficiencies of Kirk in view of Sterns addressed with respect to claim 1, above, and are therefore similarly addressed with respect to claims 10 and 11.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, inter alia, “said second fastening element is free from being engageable with either of said side member nor said connecting member in a manner to said detachably fasten together said side member and said base member” (emphasis added). The term “either” must be paired with the conjunction “or,” while the term “neither” must be paired with the conjunction “nor.” Since the claim recites both “either” and “nor” it is unclear whether the claim intends the second fastening element to be free from being engageable with “either of said side member or said connecting member” or “neither of said side member nor said connecting member.” Given Applicant’s disclosure, it will be interpreted that the second fastening element is free from being engageable with either of said side member or said connecting member in a manner to said detachably fasten together said side member and said base member. Appropriate correction is required.
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.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as obvious over “Kirk QRLB-T Universal Quick Release Tall L-Bracket” (hereafter Kirk) in view of Sterns et al. (Pub. No. US 2010/0142036 A1; hereafter Sterns).
Regarding claim 1, Kirk discloses a mounting assembly for mounting photographic equipment on a receiving apparatus, said mounting assembly including:
(a) a base member including a portion defining a retention structure engageable and securable with said receiving apparatus, a photographic equipment interface portion, said retention structure forming an opposite pair of lower edges (see Kirk amended Fig. 1 below, item a);
(b) a side member including a portion defining another retention structure engageable and securable with said receiving apparatus and a connecting member projecting substantially normal to said another retention structure in a perpendicular orientation, said connecting member engageable with said base member, said another retention structure forming an opposite pair of side edges, wherein said another retention structure of said side member is incapable of being moved in a direction perpendicular to said base member when said side member is engaged with said base member (see Kirk amended Fig. 1 below, item b);
(c) said opposite sides of said side edges defined by said side member defining an open region therebetween from one side of said side member to the other side of said side member along a majority of the length of said side edges (see Kirk amended Fig. 1 below, item c);
(d) said connecting member slidably engaged with said base member (see Kirk amended Fig. 1 below, item d);
(e) a fastening element configured to detachably fasten together said side member and said base member such that when the lower surface of the photographic equipment is supported by the base member, at least a portion of the side member is aligned with a side surface of the photographic equipment and configured such that a pair of moveable jaws of an engagement mechanism is selectively engageable with said lower edges and said side edges to adjustably mount the photographic equipment in a landscape orientation and a portrait orientation, respectively, while maintaining the photographic equipment in a generally centered position over the vertical support, said side member is selectively movable relative to said base member in a manner such that said side member may be selectively secured to said base member at a plurality of different distances from said side surface of the photographic equipment, said base member being free from extending along a substantial portion of said side surface of said photographic equipment when said photographic equipment is supported by said base member and said side member is detached from said base member (see Kirk amended Fig. 1 below, item e); [claim 2] wherein said first fastening element is a threaded screw (see Kirk amended Fig. 1 below, item e. While the type of fastening member e is not explicitly disclosed, it appears to be a screw, and would at least have been obvious to one having ordinary skill in the art at the time the invention was filed to be provided as a screw in order to securely connect the a and b components to avoid accidental disconnection.); [claim 3] further comprising a portion of a peripheral edge portion of said photographic equipment interface portion projecting upward from a longitudinal center of said photographic equipment interface portion to define a shallow receptacle suitable for mounting said photographic equipment where said portion of said peripheral edge is configured such that said portion of said peripheral edge extends upward along a portion of said photographic equipment supported by said photographic equipment interface portion (see Kirk amended Fig. 2 below, item shallow receptacle); [claim 4] wherein said another retention feature includes discontinuous first and second portions (see Kirk amended Fig. 1, note that item b has two discontinuous spaces c and unlabeled second space); [claim 5] wherein the side member includes a side arm and a lower arm in a generally L-shaped arrangement, the side arm being aligned with the side surface of the photographic equipment when the lower surface of the photographic equipment is supported by said base member (see Kirk amended Fig. 1, item b. While the figures do not show a camera mounted to base a, at least for certain camera shapes and sizes the side portion b would be aligned with the side of the camera when attached, furthermore, the adjustability of the spacing between the base and the side as shown in part e of amended Fig. 1 allows the user to select a distance which would enable aligning the side of the device with the side of attached camera); [claim 6] wherein the lower arm has a length shorter than the length of both the base member and the side arm (see Kirk amended Fig. 2. If the “lower arm” is construed as the portion which is slidably insertable into the recess of the base, then the lower arm is shorter than both the side arm and the base); [claim 7] wherein the lower arm is integral with the side arm (see Kirk amended Fig. 2, items “side arm” and “lower arm”); [claim 8] wherein said opposite pair of lower edges are dovetailed slots (see Kirk which discloses “two dovetails for Arca-Compatible head”); [claim 9] wherein said opposite pair of side edges are dovetailed slots (see Kirk which discloses “two dovetails for Arca-Compatible head”).
Kirk does not specifically disclose (f) a second fastening element engaged with said base member and extending proud of said photographic equipment interface portion arranged such that said second fastening element is securable to a threaded opening defined in the lower surface of said photographic equipment, said second fastening element is free from being engageable with either of said side member or said connecting member in a manner to said detachably fasten together said side member and said base member.
Sterns discloses a second fastening element engaged with said base member and extending proud of said photographic equipment interface portion arranged such that said second fastening element is securable to a threaded opening defined in the lower surface of said photographic equipment, said second fastening element is free from being engageable with either of said side member or said connecting member in a manner to said detachably fasten together said side member and said base member, where said second fastening element is a threaded screw (see Sterns Figs. 1 and 3, items 25, 28, and camera 2. The screw does not have any relationship to the engagement to the side or connecting members, only to the camera.).
It would have been obvious to one having skill in the art at the time the invention was filed to provide an adapter to the device of Kirk in order to enable either dovetail or threaded mounting means to attach to the mounting plate of Kirk.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirk in view of Sterns and Suzukawa (U.S. Patent No. 2,589,892; hereafter Suzukawa).
Regarding claims 11 and 12, Kirk in view of Sterns discloses the mounting assembly of claim 1, but does not specifically further disclose the device comprising said receiving apparatus and comprising said photographic equipment.
Suzukawa discloses a mounting assembly comprising a receiving apparatus and comprising photographic equipment (see Suzukawa Fig. 1, items S and C).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the mounting assembly with a camera and mount like that in Suzukawa in order to enable the user to stably support a camera and take pictures.
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Kirk QRLB-T bracket Fig. 1 Kirk QRLB-T bracket Fig. 2
Finality
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAM S REISNER whose telephone number is (571)270-7542. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM.
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/NOAM REISNER/Primary Examiner, Art Unit 2852 8/24/2026
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