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 .
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 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,124,154 (hereafter ‘154). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
‘154 patent
1. 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;
(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;
(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;
(d) said connecting member slidably engaged with said base member;
(e) a first 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;
(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,
a portion of said second fastening element engaged with a surface of said base member relative to said photographic equipment interface portion when said second fastening element is secured to said photographic equipment, said another retention structure is slidably engaged with said base member in such a manner that a terminal end of said another retention structure passes over said portion of said second fastening element as said another retention structure is positioned with respect to said base member for said first fastening element to fasten together said side member and said base member.
2. The mounting assembly of claim 1 wherein said first fastening element is a threaded screw.
3. The mounting assembly of claim 1 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.
4. The mounting assembly of claim 1 wherein said another retention feature includes discontinuous first and second portions.
5. The mounting assembly of claim 1 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.
6. The mounting assembly of claim 5 wherein the lower arm has a length shorter than the length of both the base member and the side arm.
7. The mounting assembly of claim 6 wherein the lower arm is integral with the side arm.
8. The mounting assembly of claim 1 wherein said opposite pair of lower edges are dovetailed slots.
9. The mounting assembly of claim 1 wherein said opposite pair of side edges are dovetailed slots.
10. The mounting assembly of claim 1 further comprising said receiving apparatus.
11. The mounting assembly of claim 1 further comprising said photographic equipment.
1. 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;
(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 and said side member 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;
(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;
(d) said connecting member slidably engaged with said base member while being maintained within at least a portion of said base member;
(e) a first 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 rotatable member detachably interconnects said connecting member 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;
(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,
where said second fastening element is a threaded screw, a head of said second fastening element engaged with an opposing surface of said base member relative to said photographic equipment interface portion when said second fastening element is secured to said photographic equipment, said another retention structure is slidable engaged with said base member in such a manner that a terminal end of said another retention structure passes over said head of said second fastening element as said another retention structure is positioned with respect to said base member for said first fastening element to fasten together said side member and said base member,
2. The mounting assembly of claim 1 wherein said first fastening element is a threaded screw.
3. The mounting assembly of claim 1 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.
4. The mounting assembly of claim 1 wherein said another retention feature includes discontinuous first and second portions.
5. The mounting assembly of claim 1 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.
6. The mounting assembly of claim 5 wherein the lower arm has a length shorter than the length of both the base member and the side arm.
7. The mounting assembly of claim 6 wherein the lower arm is integral with the side arm.
8. The mounting assembly of claim 1 wherein said opposite pair of lower edges are dovetailed slots.
9. The mounting assembly of claim 1 wherein said opposite pair of side edges are dovetailed slots.
10. The mounting assembly of claim 1 further comprising said receiving apparatus.
11. The mounting assembly of claim 1 further comprising said photographic equipment.
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. 102(a)(1) as anticipated by or, in the alternative, 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); said another retention structure is slidably engaged with said base member in such a manner that a terminal end of said another retention structure passes over said portion of said second fastening element as said another retention structure is positioned with respect to said base member for said first fastening element to fasten together said side member and said base member (see Kirk Fig. 1, item d. In combination with Sterns, when the second fastening element is combined the terminal end of the another retention member would pass over the portion where the second fastening element would be placed.); [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.
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, where said second fastening element is a threaded screw (see Sterns Figs. 1 and 3, items 25, 28, and camera 2).
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 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.
Conclusion
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Kirk QRLB-T bracket Fig. 1 Kirk QRLB-T bracket Fig. 2
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHANIE BLOSS can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAM REISNER/Primary Examiner, Art Unit 2852 6/1/2026
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