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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
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.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Nimmo (U.S. Patent No. 12,143,750) in view of Visosky (US 9485414 B2).
The table below presents a comparison between the claim limitations of the instant application with corresponding claim limitations of the reference U. S. patent. The bold-faced type identifies claim limitation language which is common to both the instant application and the reference U. S. patent.
U. S. Patent 12,143,750
Instant Claim
An image capture device positioning system, comprising:
a camera;
a support member having a body portion, wherein a first end of the body portion includes the camera and a second end of the body portion includes connecting elements providing for releasable engagement with one of a computing device or a component coupled to the computing device; and
a positioning component including a pivoting mechanism and a stabilizing element, the positioning component operable to direct the second end of the support member to the one of the computing device or the component and the first end of the support member to a first region of a display screen, wherein the positioning component is operable to retain at least a portion of the support member without obscuring the display screen, wherein the stabilizing element is configured to maintain a position of the positioning component on the display screen, and wherein the pivoting mechanism is configured to enable a portion of the support member hanging below the pivoting mechanism to pivot about the pivoting mechanism, wherein the pivoting mechanism radially articulates a position of the camera across a face of the display screen to pivot the camera about an axis transverse to the display screen from the first region to at least a second region, the first region being different from the second region.
A camera system comprising:
a camera;
a user interface adjustment component;
an arm member having a body portion, wherein at least one end of the body
portion includes the camera; and
a positioning element including a pivoting mechanism and a stabilizing element,
the positioning element operable to direct the at least one end of the arm member to a region of a display screen, wherein the stabilizing element is configured to maintain a position of the camera relative to the display screen, and the pivoting mechanism is configured to enable the camera to pivot about the pivoting mechanism, and wherein the positioning element further comprises a conduit configuration for transmitting power and data between the camera and a computing device, and wherein the conduit configuration is arranged to minimize visual obstruction of the display screen.
Regarding claim 1, Nimmo does not disclose an image capturing device positioning system comprising:
a user interface adjustment component;
an arm member having a body portion, wherein at least one end of the body portion includes the camera.
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Regarding claim 1, Visosky teaches an image capturing device positioning system comprising:
a user interface adjustment component (user interface module; Figure 5, element 504) (column 13, lines 10 - 62)
an arm member (Figure 1C, element 112) having a body portion, wherein at least one end of the body portion includes the camera (lens, Figure 1C, element 104) (column 11, lines 1 - 13).
It would have been obvious to one of ordinary skill in the art at the time the applicant filed for the invention, that an image capturing device positioning system comprising a combination of features as disclosed by Nimmo (for claim 1 as presented in the table above), for the Nimmo invention can be modified to also comprise a combination of features as taught by Visosky (as presented in paragraph 10, above), for an image capturing device positioning system can be easily and directly operated by a videoconference presenter, to effectuate quick and precise positioning of presenter and attendee facial images, to minimize occlusion of the facial images by miscellaneous images on a monitor display.
Allowable Subject Matter
Claims 2 - 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 claim 2, the prior art made of record neither shows nor suggests the camera system, wherein the positioning element comprises one or more of a frictional, a magnetic, a spring, and/or a motorized assist mechanism configured to stabilize the camera in a fixed position relative to the display screen.
Regarding claim 3, and claims 4 - 12 which depend therefrom, the prior art made of record neither shows nor suggests the camera system, further comprising:
a memory device including instructions that, when executed by a computing device processor, enable the camera system to:
adjust a placement of onscreen content to align with the camera.
Regarding claim 13, the prior art made of record neither shows nor suggests the camera system, wherein the camera is operable to releasably fix to a location on the display screen, and wherein the camera includes one or more of a suction cup and/or an adhesive.
Regarding claim 14, the prior art made of record neither shows nor suggests the camera system, further comprising a switch that, when actuated by the arm member being in a pivoted position, rotates onscreen content captured by the camera based on a rotational position of the camera.
Regarding claim 15, the prior art made of record neither shows nor suggests the camera system, further comprising a switch that, when actuated by the arm member being in a pivoted position, causes one or more of the camera, microphone, and/or an interchangeable accessory to deactivate.
Regarding claim 16, and claim 17 which depends therefrom, the prior art made of record neither shows nor suggests the camera system, further comprising:
an attachment interface for mechanically securing and/or electrically connecting interchangeable accessories.
Regarding claim 18, the prior art made of record neither shows nor suggests the camera system, wherein the camera system includes a built-in microphone operable to capture audio data and transmit the audio data to the computing device.
Regarding claim 19, the prior art made of record neither shows nor suggests the camera system, further comprising a physical user-activated privacy switch, operable to disable one or more of the camera, a microphone, and/or an interchangeable accessory.
Regarding claim 20, the prior art made of record neither shows nor suggests the camera system, wherein the user interface adjustment component is further operable to:
receive a gesture-based input that activates a privacy mode, wherein the privacy mode includes disabling one or more of the camera, a microphone, and/or an interchangeable accessory.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARREN K FENWICK whose telephone number is (571)270-3040. The examiner can normally be reached 10:30 AM to 7:00 PM, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter L. Lindsay, Jr. can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
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