CTNF 18/910,180 CTNF 80273 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of foreign patent application number 2023-1836930, filed in Japan on October 26, 2023, has been received and made of record. Information Disclosure Statement The information disclosure statement (lDS) submitted on October 9, 2024, is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 3 and 4 are rejected under 35 U.S.C. 101 because the claims are directed to neither a “ process ” nor a “ machine ,” but rather embraces or overlaps two different statutory classes of invention set forth in 35 U.S.C. 101 which is drafted so as to set forth the statutory classes of invention in the alternative only. Ex parte Lyell, 17 USPQe2d 1551 (Bd. Pat. App. & Inter. 1990). Also see 2173.05(p), section Il. Regarding claim 3 , the claim is directed to an apparatus (e.g., “ a tripod mount ”). However, the claim is also directed to a method of attachment between two separate and distinct apparatuses (e.g., “ fixed to the base member by fastening …”). In light of the above, the claim has not been drafted so as to set forth the statutory classes of invention in the alternative only. Claim 4 depends and inherits all limitations from claim 3 and is therefore rejected under than same rationale. Regarding claim 4 , the claim is directed to an apparatus (e.g., “ a tripod mount ”). However, the claim is also directed to a method of attachment between two separate and distinct apparatuses (e.g., “ when the main body is slid with respect to the base member so as to fit into the dovetail groove …”). In light of the above, the claim has not been drafted so as to set forth the statutory classes of invention in the alternative only. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 2-4 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. Regarding claim 2 , the claim recites “ the slit portion extends in a direction along an optical axis of the optical apparatus .” However, the apparatus claim is directed to “ a tripod mount apparatus ”, and there is no previously recited structural element of the tripod mount apparatus from which to establish a direction of an optical axis of an optical apparatus. It is further noted that an optical apparatus is not being claimed and no features of the currently recited tripod mount apparatus are found to establish a directional anchor, with the possible closest element being a vague “slit potion”. Absent clarity and structural recitation of an element or feature of the recited tripod mount apparatus, one skilled in the art would not be put on fair notice regarding the metes and bounds of the claimed subject matter. Therefore, the claim is 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. Regarding claim 3 , the apparatus claim is directed to “ a tripod mount apparatus ”. However, the claim also provides recitations directed to a separate and distinct apparatus, i.e., “ a base member ”. Additionally, the claim is also directed to a “ process ” of attachment between the two separate and distinct apparatuses, (e.g., “ fixed to the base member by fastening …”), embracing or overlapping two different statutory classes of invention. Absent clarity regarding these issues, one skilled in the art would not be put on fair notice regarding the metes and bounds of the claimed subject matter. Therefore, the claim is 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. Regarding claim 4 , the apparatus claim is directed to “ a tripod mount apparatus ”. However, the claim also provides recitations directed to a separate and distinct apparatus, i.e., “ a base member ”. Additionally, the claim is also directed to a “ process ” of attachment between the two separate and distinct apparatuses, (e.g., “ when the main body is slid with respect to the base member so as to fit into the dovetail groove …”), embracing or overlapping two different statutory classes of invention. Absent clarity regarding these issues, one skilled in the art would not be put on fair notice regarding the metes and bounds of the claimed subject matter. Therefore, the claim is 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 Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-8 are rejected under 35 U.S.C. 102( a)(1)/(a)(2 ) as being anticipated by U.S. Patent Publication No. 2003/0218809 to Yamazaki et al. (hereinafter “Yamazaki”) . Regarding claim 1 , Yamazaki teaches a tripod mount (e.g., figs. 2, 7 and 11) attachable to and detachable from a base member fixable to an optical apparatus (e.g., fig. 3, element 2, figs. 7 and 11; [0041], [0065], [0067]), the tripod mount comprising a main body portion (e.g., figs. 7 and 11, element 3; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation) that abuts on the base member (e.g., figs. 2, 6, 7 and 11) and has a slit portion (e.g., figs. 7 and 11, element 3c; [0038]; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation), a first operation member screwed to the main body portion (e.g., figs. 2, 7 and 11, element 4; [0038]) and capable of fixing the tripod mount to the base member by deforming the main body portion so as to change a width of the slit portion (e.g., [0038], narrows width of slit), and a second operation member fitted to the main body portion (e.g., fig. element 5; fig. 11, element 50) and capable of temporarily fixing the tripod mount to the base member (e.g., figs. 7 and 11; [0039]; [0051], [0066-68]), wherein the first operation member and the second operation member are disposed so as to advance and retract in a direction intersecting the slit portion (e.g., figs. 7 and 11; the Examiner notes that the claim does not distinctly define whether the first operation member and the second operation member are both disposed in the same direction intersecting the slit portion, as well as notes that the claim merely recites an amorphous “ slit portion ” without reciting, defining or anchoring any directional orientation, leaving it open to broad interpretation, including a central intersection of a “ portion ”). Regarding claim 2 , Yamazaki teaches all of the limitations of claim 2 (see the 35 U.S.C. 102 rejection of claim 1, supra ) including teaching wherein the slit portion extends in a direction along an optical axis of the optical apparatus (e.g., fig. 2; please note the 35 U.S.C. 112(b) rejection to claim 2, supra ). Regarding claim 3 , Yamazaki teaches all of the limitations of claim 3 (see the 35 U.S.C. 102 rejection of claim 1, supra ) including teaching wherein the main body portion is provided with a dovetail groove (e.g., figs. 2, 7 and 11, element 3b; [0037-38]), the base member is provided with a dovetail to be fitted into the dovetail groove (e.g., figs. 2, 7 and 11, element 2b; [0037-38]), and wherein the tripod mount is fixed to the base member by fastening the first operation member in a state where the dovetail is fitted into the dovetail groove (e.g., fig. 2; [0037-38], [0059]; please note the 35 U.S.C. 101 and 112(b) rejections to claim 3, supra ). Regarding claim 4 , Yamazaki teaches all of the limitations of claim 4 (see the 35 U.S.C. 102 rejection of claim 3, supra ) including teaching wherein the base member is provided with a groove portion (e.g., [0039-41], [0059], [0067]), wherein the second operation member includes a projection portion that engages with the groove portion (e.g., fig. 7, element 5a; fig. 11, element 51), wherein when the main body is slid with respect to the base member so as to fit the dovetail into the dovetail groove, the projection portion is guided by the groove portion, and wherein the base member and the tripod mount are temporarily fixed to each other by fitting the projection portion into a retaining groove provided in the groove portion (e.g., [0039-41], [0059], [0067]; please note the 35 U.S.C. 101 and 112(b) rejections to claim 3, supra ). The Examiner notes that the claim is directed to a tripod mount attachment, therefore the claim is not necessarily limited by recitations directed to other apparatuses beyond the tripod mount attachment, such as a base member or an optical apparatus. Regarding claim 5 , Yamazaki teaches all of the limitations of claim 5 (see the 35 U.S.C. 102 rejection of claim 1, supra ) including teaching wherein the second operation member includes a first fitting portion (e.g., fig. 7, front/leftward portion of element 5; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation) and a second fitting portion (e.g., fig. 7, rear/rightward portion of element 5; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation) which are fitted to the main body portion (e.g., fig. 7 via pins 7; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation), wherein the main body portion includes a first region provided on one side of the main body portion divided into two by the slit portion (e.g., fig. 7, front/leftward region of element 3; the Examiner notes that the term “ region ” is broad and structurally undefined, and therefore open to broad interpretation) and fitted to the first fitting portion (e.g., figs. 2 and 7, via pins 7), and a second region provided on the other side of the main body portion divided into two by the slit portion (e.g., fig. 7, rear/rightward portion of element 3; the Examiner notes that the term “ region ” is broad and structurally undefined, and therefore open to broad interpretation) and fitted to the second fitting portion (e.g., figs. 2 and 7, via pins 7), and wherein at least one of the main body portion between the first fitting portion and the second fitting portion or between the first region and the second region and the second operation member is provided with a concave step (e.g., fig. 7, dashed area containing element 6). Regarding claim 6 , Yamazaki teaches all of the limitations of claim 6 (see the 35 U.S.C. 102 rejection of claim 1, supra ) including teaching wherein each operation portion of the first operation member and the second operation member is disposed on the same side when viewed from a direction intersecting the slit portion (e.g., fig. 2; of a topmost side of fig. 7; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation). Regarding claim 7 , Yamazaki teaches a tripod mount unit (e.g., fig. 2, 7 and 11) having a tripod mount (e.g., fig. 2, 7 and 11), the tripod mount comprising a base member (e.g., fig. 3, element 2b of 2, figs. 7 and 11; [0041], [0065], [0067]) attachable to and detachable from the tripod mount (e.g., [0041], [0065], [0067]), a main body portion (e.g., figs. 7 and 11, element 3; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation) that abuts on the base member (e.g., figs. 2, 6, 7 and 11) and has a slit portion (e.g., figs. 7 and 11, element 3c; [0038]; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation), a first operation member screwed to the main body portion (e.g., figs. 2, 7 and 11, element 4; [0038]) and capable of fixing the tripod mount to the base member by deforming the main body portion so as to change a width of the slit portion (e.g., [0038], narrows width of slit), a second operation member fitted to the main body portion (e.g., fig. element 5; fig. 11, element 50) and capable of temporarily fixing the tripod mount to the base member (e.g., figs. 7 and 11; [0039]; [0051], [0066-68]), and an annular member coupled to the base member (e.g., fig. 3, see entirety of element 2), wherein the first operation member and the second operation member are disposed so as to advance and retract in a direction intersecting the slit portion (e.g., figs. 7 and 11; the Examiner notes that the claim does not distinctly define whether the first operation member and the second operation member are both disposed in the same direction intersecting the slit portion, as well as notes that the claim merely recites an amorphous “ slit portion ” without reciting, defining or anchoring any directional orientation, leaving it open to broad interpretation, including a central intersection of a “ portion ”), and wherein the tripod mount is attachable to and detachable from the base member which can be fixed to an optical apparatus (e.g., figs. 2, 7 and 11; [0039-41]; [0051], [0065-68]). Regarding claim 8 , Yamazaki teaches an optical apparatus (e.g., fig. 1 and 2) having a tripod mount unit attached thereto (e.g., fig. 2, 7 and 11), the tripod mount unit having a tripod mount (e.g., fig. 2, 7 and 11), the tripod mount comprising a base member (e.g., fig. 3, element 2b of 2, figs. 7 and 11; [0041], [0065], [0067]) attachable to and detachable from the tripod mount (e.g., [0041], [0065], [0067]), a main body portion (e.g., figs. 7 and 11, element 3; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation) that abuts on the base member (e.g., figs. 2, 6, 7 and 11) and has a slit portion (e.g., figs. 7 and 11, element 3c; [0038]; the Examiner notes that the term “ portion ” is broad and structurally undefined, and therefore open to broad interpretation), a first operation member screwed to the main body portion (e.g., figs. 2, 7 and 11, element 4; [0038]) and capable of fixing the tripod mount to the base member by deforming the main body portion so as to change a width of the slit portion (e.g., [0038], narrows width of slit), a second operation member fitted to the main body portion (e.g., fig. element 5; fig. 11, element 50) and capable of temporarily fixing the tripod mount to the base member (e.g., figs. 7 and 11; [0039]; [0051], [0066-68]), and an annular member coupled to the base member (e.g., fig. 3, see entirety of element 2), wherein the first operation member and the second operation member are disposed so as to advance and retract in a direction intersecting the slit portion (e.g., figs. 7 and 11; the Examiner notes that the claim does not distinctly define whether the first operation member and the second operation member are both disposed in the same direction intersecting the slit portion, as well as notes that the claim merely recites an amorphous “ slit portion ” without reciting, defining or anchoring any directional orientation, leaving it open to broad interpretation, including a central intersection of a “ portion ”), and wherein the tripod mount is attachable to and detachable from the base member which can be fixed to the optical apparatus (e.g., figs. 2, 7 and 11; [0039-41]; [0051], [0065-68]) . . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 10,908,385 to Ooya teaches a similar tripod mount having a slit portion associated with a screw element. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GARY C VIEAUX/Primary Examiner, Art Unit 2638 Application/Control Number: 18/910,180 Page 2 Art Unit: 2638 Application/Control Number: 18/910,180 Page 3 Art Unit: 2638 Application/Control Number: 18/910,180 Page 4 Art Unit: 2638 Application/Control Number: 18/910,180 Page 5 Art Unit: 2638 Application/Control Number: 18/910,180 Page 6 Art Unit: 2638 Application/Control Number: 18/910,180 Page 7 Art Unit: 2638 Application/Control Number: 18/910,180 Page 8 Art Unit: 2638 Application/Control Number: 18/910,180 Page 9 Art Unit: 2638 Application/Control Number: 18/910,180 Page 10 Art Unit: 2638 Application/Control Number: 18/910,180 Page 11 Art Unit: 2638 Application/Control Number: 18/910,180 Page 12 Art Unit: 2638
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