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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12146609. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the present claims are found in the claims of the subject patent.
Claim Objections
Claim 15 is objected to because of the following informalities: in line 7, “supporting art” should be “supporting arm”. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7,12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gull(US5201234) in view of Oddsen Jr.(US6409134).
[claim 1] Gull teaches a load-stabilizing apparatus comprising: a base(10); a load-connecting member(lower hole in 18, fig 1) configured to carry a load; a connecting assembly(11) connected to the load-connecting member; a stabilizing motor(12) connected to the base and configured to drive the connecting assembly to move; an elastic member(39) connected to at least one of the connecting assembly or the load-connecting member, and configured to provide an elastic force to the at least one of the connecting assembly or the load-connecting member. Gull however may not teach an adjustment member configured to adjust at least one of a direction or a magnitude of the elastic force provided by the elastic member before a relative movement between the load-connecting member and the base. Oddsen teaches a similar load stabilizing apparatus, which comprises an elastic member(122) connected to an adjustment member(120,124) configured to adjust at least one of a direction or magnitude of the elastic force provided by the elastic member before a relative movement between the load connecting member and the base, the adjustment member allowing the elastic force provided by the elastic member to be adjusted. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the adjustment member of Oddsen with the apparatus of Gull, as this would allow the elastic force of the elastic member of Gull to be adjusted as taught by Oddsen.
[claim 2] wherein: an end of the elastic member is connected to the base(fig 8, 10A of Oddsen) or the load-connecting member, the adjustment member is further configured to adjust a mounting position of the end of the elastic member such that the at least one of the direction or the magnitude of the elastic force provided by the elastic member is capable of changing.
[claim 3] wherein: the adjustment member is connected to the end of the elastic member(fig 8 Oddsen), and is further configured to adjust the mounting position of the end of the elastic member to adjust a degree of deformation of the elastic member.
[claim 4] wherein: the adjustment member is further configured to adjust the mounting position of the end of the elastic member along a first direction or a second direction opposite to the first direction, the first direction and/or the second direction being a direction of gravity(fig 8,9 Oddsen).
[claim 5] wherein: the adjustment member includes an adjusting portion(124) and a mounting portion(120), the adjusting portion is connected to the base or the connecting assembly, and the mounting portion is connected to the end of the elastic member; and the mounting portion is movably connected to the adjusting portion, to drive the end of the elastic member to perform translational movement relative to the adjustment portion.
[claim 6] wherein the adjusting portion includes an adjusting lever(124), the adjusting lever is rotatably connected to the base or the connecting assembly, and the adjusting lever is configured to rotate to drive the mounting portion to perform translational movement.
[claim 7] wherein: the adjusting lever includes a lead screw(124), and the mounting portion is sleeved on the lead screw and is configured to form a threaded connection with the lead screw(fig 8 Oddsen).
[claim 12] wherein: the mounting position of the end of the elastic member includes a first mounting position(mounting portion 120 located at the lower end of screw 124) and a second mounting position(mounting portion 120 located at the upper end of screw 124); the load-stabilizing apparatus is in a first stabilization state in response to the end of the elastic member being at the first mounting position; the load-stabilizing apparatus is in a second stabilization state in response to the end of the elastic member being at the second mounting position; and the direction of the elastic force provided by the elastic member in the second stabilization state is different from the direction of the elastic force provided by the elastic member in the first stabilization state.
[claim 13] wherein an orientation of the load-connecting member in the first stabilization state is opposite an orientation of the load-connecting member in the second stabilization state.
[claim 14] wherein: the connecting assembly includes a deformation mechanism(11) drivingly connected to the stabilizing motor; and the stabilizing motor is configured to drive the deformation mechanism to deform.
[claim 15] wherein: the deformation mechanism includes: a first connecting arm(16); a second connecting arm(17); and a supporting arm(18) rotatably connected to the first connecting arm and the second connecting arm; the load-connecting member is connected to the supporting arm; and the stabilizing motor is drivingly connected to at least one of the first connecting arm or the second connecting arm.
[claim 16] wherein the stabilizing motor is rotatably connected(at pivot 26) to the at least one of the first connecting arm or the second connecting arm.
[claim 17] Gull in view of Oddsen teaches an apparatus as detailed above, with the stabilizing motor(12) being a first stabilizing motor. Gull may not teach the use of a second stabilizing motor that along with the first stabilizing motor, drives the connecting assembly to move. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use a second stabilizing motor along with the first stabilizing motor, as this would be the mere duplication of parts essential to the practice of the invention, and would have the predictable effect of providing an increased driving force for apparatus.
[claim 18] when arranged as above, the connecting assembly includes a deformation mechanism(11) and the first stabilizing motor and the second stabilizing motor together drive the deformation mechanism to deform.
Claim(s) 8-11,19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gull in view of Oddsen Jr. as applied to claims 1 and 2 above, and further in view of Stachowski et al.(US20070080275).
[claim 8] Gull in view of Oddsen teaches an apparatus as detailed above, however neither Gull not Oddsen teach a position adjustment motor configured to drive the adjustment member, to automatically adjust the mounting position of the end of the elastic member. Stachowski teaches a similar apparatus, and further teaches position adjustment motors(401,402) configured to drive adjustment members(405,406) to automatically adjust the mounting position of the end of an elastic member(403,404). It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the position adjustment motors of Stachowski with the apparatus of Gull in view of Oddsen, as this would provide an automated means for driving the adjustment member, as taught by Stachowski.
[claim 9] Stachowski further teaches one or more sensors(para[0054]) configured to obtain information of a position of the load-connecting member; and a processor(inherently disclosed as the “Servo control… by signals generated by force sensors associated with payload 410” (see para[0054]) which would require a processor) configured to, based on the information of the position of the load-connecting member, control the position adjustment motor to drive the end of the elastic member to move, to cause the load to be maintained at a preset position.
[claim 10] wherein: the one or more sensors include an angle sensor(802,803,804,805), the angle sensor is configured to detect information of an angle of the connecting assembly relative to the base; and the processor is configured to, based on the information of the angle of the connecting assembly relative to the base, control the position adjustment motor to drive the end of the elastic member to move, to cause the angle of the connecting assembly relative to the base to be maintained at a preset angle.
[claim 11] further comprising a processor(inherently disclosed as the “Servo control… by signals generated by force sensors associated with payload 410” (see para[0054]) which would require a processor) configured to recognize the load and control the position adjustment motor to drive the end of the elastic member to move, to cause the end of the elastic member to be adjusted to a preset mounting position corresponding to the load.
[claim 19] Gull teaches a system comprising: a base(10); a load-connecting member(lower hole in 18, fig 1) configured to carry a load; a connecting assembly(11) connected to the load-connecting member; a stabilizing motor(12) connected to the base and configured to drive the connecting assembly to move; an elastic member(39) connected to at least one of the connecting assembly or the load-connecting member, and configured to provide an elastic force to the at least one of the connecting assembly or the load-connecting member. Gull however may not teach a gimbal configured to carry a load, the gimbal including at least one axis driver, and the at least one axis driver being connected to the load and configured to adjust an angle of the load, or an adjustment member configured to adjust at least one of a direction or a magnitude of the elastic force provided by the elastic member before a relative movement between the load-connecting member and the base. With regards to the adjustment member, Oddsen teaches a similar load stabilizing apparatus, which comprises an elastic member(122) connected to an adjustment member(120,124) configured to adjust at least one of a direction or magnitude of the elastic force provided by the elastic member before a relative movement between the load connecting member and the base, the adjustment member allowing the elastic force provided by the elastic member to be adjusted. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the adjustment member of Oddsen with the apparatus of Gull, as this would allow the elastic force of the elastic member of Gull to be adjusted as taught by Oddsen.
With regards to the gimbal, Stachowski teaches a similar system with a gimbal(801) configured to carry a load, the gimbal including at least one axis driver(708), and the at least one axis driver being connected to the load and configured to adjust an angle of the load. It would have been obvious to one of ordinary skill in the art as of the effective filing date to use the gimbal and axis driver of Stachowski with the system of Gull in view of Oddsen, as this would provide a means of attaching and controlling a load, as taught by Stachowski.
[claim 20] Gull in view of Oddsen in view of Stachowski teaches a system as detailed above, with Stachowski further teaching that the mounts can be used with photographing apparatuses(para[0013]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY H DUCKWORTH whose telephone number is (571)272-2304. The examiner can normally be reached M-F 9:30-6.
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/BRADLEY DUCKWORTH/Primary Examiner, Art Unit 3632