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 .
This is a non-final Office Action for serial number 18/906,259, Adjustable Support Arm, filed on October 4, 2024.
Claim Objections
Claim 17 is objected to because of the following informalities: the claim seems to be not completed. Appropriate correction is required.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,867,355. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant applicant and the patent are almost identical with the recitation of an adjustable support arm, base assembly, arm assembly, adjustable panning insert, etc.
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, 11, 12, 13, 14, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2011/0147546 to Monsalve et al. (Monsalve).
Regarding claim 1, Monsalve ‘546 discloses an adjustable support arm (Fig. 1) comprising: a base assembly (120, 130); an arm assembly (110, 200) and an adjustable panning insert (215) positioned between the arm assembly and the base assembly.
Regarding claim 11, Monsalve ‘546 discloses wherein the adjustable support arm further comprises a mounting plate (310) connected to the arm assembly.
Regarding claim 12, Monsalve ‘546 discloses wherein the adjustable support arm further comprises an accessory bracket assembly (301) releasably attached to the mounting plate.
Regarding claim 13, Monsalve ‘546 discloses wherein the accessory bracket assembly comprises: a central bracket (320), a frame (330) disposed around the central bracket and at least one accessory mount (340) attached to the frame (see Fig. 13).
Regarding claim 14, Monsalve ‘546 discloses wherein the accessory bracket assembly further comprises a first accessory support (340 – pins) having a first end coupled to the accessory mount.
Regarding claim 17, Monsalve ‘546 discloses an adjustable support arm (Fig. 1) comprising: a base assembly (120, 130), an arm assembly comprising a first arm (110) comprising a first end and a second end wherein the first end of the first arm is releasably coupled to the base assembly, a second arm (200) releasably coupled to the second end of the first arm, the second arm comprising a parallelogram linkage (240, 250) having a first and privotally attached to a lower bracket and a second end pivotally attached to an upper bracket (290); a first adjustable panning insert (215), wherein the first adjustable panning insert is positioned between the first arm and the base assembly to limit rotation of the first arm about the base assembly.
Allowable Subject Matter
Claims 2-6, 8-10, 15-16, 18-20 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.
Regarding claims 2, and 18, the prior art fails to disclose wherein the axle defining a fulcrum about which the latch pivots.
Regarding claim 15, the prior art fails to disclose all limitations combination of a swivel ring, tilt ring and a mounting plate attached to the tilt ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 5,826,846 – Monitor Counterbalance
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD M. EPPS whose telephone number is (571) 272-8282. The examiner can normally be reached Monday-Friday 8am - 5pm.
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/TODD M EPPS/Primary Examiner, Art Unit 3632 January 10, 2026