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 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12222752. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claim a peripheral camera comprising a cylindrical housing having first and second ends, image sensor, magnetic coupling between the cylindrical housing and a dock, and power and ground concentric rings contacting power and ground pins to power the image sensor, etc.
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.
Claim(s) 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over CN 203734736 U (hereinafter, CN’736).
Re method claim 1: CN’736 discloses a method for communicating power to a peripheral camera (1 in fig 1) from a dock (2 in fig 1), the method comprising:
placing a cylindrical housing (i.e., housing of camera 1 in fig 1) in a curved portion (8 in fig 2) of the dock; and
aligning by interaction of the cylinder and the curved portion a power pin (herein, pin contact at the bottom end of camera 1 and circular ring-shaped charging assembly 9 cooperate to complete charging) and a power concentric ring (circular ring-shaped charging assembly 9 in fig 2) to transfer power from the dock to the peripheral camera, the power pin and power concentric ring through 360 degrees of rotation of the cylindrical housing (see paragraph 8; herein, the shaped charge assembly for electric connection between the wireless camera main body with the charging base, because of the characteristics of the circular charging assembly, the wireless camera body capable of rotating for 360 degrees on the charging base, adjusting the position of the lens, satisfy the need of shooting).
CN’736 fails to explicitly disclose the method comprising coupling an image sensor at (i.e., near) a first end (i.e., top end) of the cylindrical housing to assemble the peripheral camera.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the peripheral camera with an image sensor in order to convert light into electrical signals to create images for the peripheral camera. Also, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the image sensor at (i.e., near) a first end of the cylindrical housing to be in close proximity to a camera lens. Also, relocation of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
Re method claim 2: CN’736 discloses the method wherein: the power pin (i.e., pin contact at the bottom end of camera 1) extends from a second end (i.e., bottom end) of the cylindrical housing opposite the first end; and the concentric ring (circular ring-shaped charging assembly 9 in fig 2) is exposed at dock.
CN’736 fails to disclose that the power pin extends from the dock; and the concentric ring is exposed at the second end of the cylindrical housing.
However, the examiner herein notes that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the power concentric ring at the second end of the cylindrical housing of the peripheral camera, and provide the power contact pin at the dock as per the designer’s choice. Also, rearrangement of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
Re method claim 5: CN’736 discloses the method, wherein: the power pin (i.e., pin contact at the bottom end of camera 1) extends from the second end (i.e., bottom end) of the cylindrical housing opposite the first end; and the concentric ring (circular ring-shaped charging assembly 9 in fig 2) is exposed at the dock.
Claim(s) 3-4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over CN 203734736 U (hereinafter, CN’736) in view of Chatterjee et al. (US 20100081377 A1).
Re method claim 3: CN’736 discloses the method.
CN’736 fails to disclose the method comprising disposing a ground concentric ring at the second end of the cylindrical housing; and extending a ground pin from the dock to contact the ground concentric ring when the power pin contacts the power concentric ring and through 360 degrees of rotation of the cylindrical housing.
Chatterjee discloses a power contact pin (logo elements 681 in fig 6D and paragraphs 127-128; herein, the logo elements 681 combine to include a positive and ground signal and two data signals) exposed at a back surface of the portable electronic device (MCD 300) and configured to (i.e., functional language) accept power from a power concentric ring (outer ring 431 in fig 6A and paragraph 121) on a top surface of a docking station (400). Chatterjee also discloses a ground contact pin (logo elements 681 in fig 6D and paragraphs 127-128; herein, the logo elements 681 combine to include a positive and ground signal and two data signals) exposed at a back surface of the portable electronic device (MCD 300) and configured to (i.e., functional language) contact a ground concentric ring (inner ring 433 in fig 6A and paragraph 121) on a top surface of a docking station (400).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to dispose a ground concentric ring at the second end of the cylindrical housing and extend a ground pin from the dock such that the ground pin contacts the ground concentric ring when the power pin contacts the power concentric ring, because the ground pin provides a dedicated, low-resistance path for electrical current to flow into the earth in the event of a fault in order to protect the user and the dock.
Re method claim 4: CN’736 in view of Chatterjee discloses the method comprising forming a power concentric ring (Chatterjee: outer ring 431 in fig 6A and paragraph 121) in the cylindrical housing second end aligned to contact the power pin (Chatterjee: see paragraph 127; herein, the logo elements 681 combine to include a positive and ground signal and two data signals) when the second end faces the dock; and forming a ground concentric ring (Chatterjee: inner ring 433 in fig 6A and paragraph 121) in the cylindrical housing second end aligned to contact the ground pin (Chatterjee: see paragraph 127; herein, the logo elements 681 combine to include a positive and ground signal and two data signals) when the second end faces the dock.
CN’736 in view of Chatterjee fails to disclose that the power concentric ring and the ground concentric ring are formed in the cylindrical housing first end.
However, the examiner herein notes that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the power and ground concentric rings on the first end of the cylindrical housing and the second end of the cylindrical housing so that the peripheral camera can be electrically connected to the dock with a first position in which the first end is mounted on the dock and electrically connected to the dock or a second position in which the second end is mounted on the dock and electrically connected to the dock as per the designer’s choice. Also, duplication of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
Re method claim 6: CN’736 discloses the method.
CN’736 fails to disclose that the method comprising disposing a ground concentric ring at the dock; and extending a ground pin from the second end of the cylindrical housing to contact the ground concentric ring when the power pin contacts the power concentric ring and through 360 degrees of rotation of the cylindrical housing.
Chatterjee discloses a power contact pin (logo elements 681 in fig 6D and paragraphs 127-128; herein, the logo elements 681 combine to include a positive and ground signal and two data signals) exposed at a back surface of the portable electronic device (MCD 300) and configured to (i.e., functional language) accept power from a power concentric ring (outer ring 431 in fig 6A and paragraph 121) on a top surface of a docking station (400). Chatterjee also discloses a ground contact pin (logo elements 681 in fig 6D and paragraphs 127-128; herein, the logo elements 681 combine to include a positive and ground signal and two data signals) exposed at a back surface of the portable electronic device (MCD 300) and configured to (i.e., functional language) contact a ground concentric ring (inner ring 433 in fig 6A and paragraph 121) on a top surface of a docking station (400).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to dispose a ground concentric ring at the dock and extend a ground pin from the second end of the cylindrical housing such that the ground pin contacts the ground concentric ring when the power pin contacts the power concentric ring, because the ground pin provides a dedicated, low-resistance path for electrical current to flow into the earth in the event of a fault in order to protect the user and the dock.
Re method claim 7: CN’736 in view of Chatterjee discloses the method.
CN’736 in view of Chatterjee fails to disclose the method comprising extending a power pin from the cylindrical housing first end aligned to contact the power concentric ring when the first end faces the dock; and extending a ground pin from the cylindrical housing first end aligned to contact the ground concentric ring when the first end faces the dock.
However, the examiner herein notes that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the power and ground pins on the first end of the cylindrical housing and the second end of the cylindrical housing so that the peripheral camera can be electrically connected to the dock with a first position in which the first end is mounted on the dock and electrically connected to the dock or a second position in which the second end is mounted on the dock and electrically connected to the dock as per the designer’s choice. Also, duplication of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
Re method claim 8: CN’736 in view of Chatterjee discloses the method comprising: illuminating a charge indicator (charging state indicating lamp in paragraph 16; herein, camera main body 1 is provided with a charging state indicating lamp at the top end) at the first end of the cylindrical housing when power communicates between the power pin and the power concentric ring.
CN’736 in view of Chatterjee fails to disclose the method comprising illuminating the charge indicator at the second end of the cylindrical housing when power communicates between the power pin and the power concentric ring.
However, the examiner herein notes that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide a charge indicator at both the first and second ends of the cylindrical body so that the charge indicator on the first end would illuminate when the first end of the cylindrical housing is docked on the dock, and the charge indicator on the second end would illuminate when the second end of the cylindrical housing is docked on the dock for the user’s convenience. Also, duplication of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
Re claim 9: CN’736 discloses a peripheral camera (1 in fig 1) comprising: a cylindrical housing having first and second ends (i.e., top and bottom ends of 1 in fig 1); and a power contact pin (herein, pin contact at the bottom end of camera 1 and circular ring-shaped charging assembly 9 cooperate to complete charging) exposed at the second end (i.e., bottom end) and configured to (i.e., functional language) accept power from a power concentric ring (circular ring-shaped charging assembly 9 in fig 2) to power an image sensor.
CN’736 fails to explicitly disclose an image sensor exposed at the first end (i.e., top end) of the cylindrical housing to capture visual images.
However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the peripheral camera with an image sensor in order to convert light into electrical signals to create images for the peripheral camera. Also, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the image sensor at (i.e., near) the first end of the cylindrical housing to be in close proximity to a camera lens. Also, relocation of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
CN’736 fails to disclose a magnet disposed at the second end of the cylindrical housing.
Chatterjee discloses a portable electronic device (MCD 300) and a docking station (400), wherein the portable electronic device and the docking station are coupled via magnetic retention features (see paragraph 72; herein, the MCD includes a housing having one or more magnetic components distributed on a surface that is to be placed in contact with the receiving surface. The docking station includes one or more magnets that are provided on the receiving surface to retain the MCD in any one of the plurality of positions). Chatterjee also discloses a power contact pin (logo elements 681 in fig 6D and paragraphs 127-128) exposed at a back surface of the portable electronic device (MCD 300) and configured to (i.e., functional language) accept power from a power concentric ring (outer ring 431 in fig 6A and paragraph 121) on a top surface of a docking station (400).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the peripheral camera with a magnet at the second end (i.e., bottom end) of the cylindrical housing and provide a dock with a magnet on a top surface in order to stably support the peripheral camera on the dock, and to enhance the conductive connection between the surfaces of the peripheral camera and the dock (Chatterjee: see paragraph 126).
CN’736 in view of Chatterjee fails to disclose that the power concentric ring is exposed at the second end and the power contact pin is provided at a dock.
However, the examiner herein notes that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide the power concentric ring at the second end of the cylindrical housing of the peripheral camera, and provide the power contact pin at the dock as per the designer’s choice. Also, rearrangement of parts is considered obvious to a person of ordinary skill in the art and has a little patentable significance unless a new and an unexpected result is produced.
Re claim 10: CN’736 in view of Chatterjee discloses the peripheral camera comprising a ground concentric ring (Chatterjee: inner ring 433 in fig 6A and paragraph 121) exposed at the second end and configured to (i.e., functional language) accept ground from a ground contact pin (Chatterjee: see paragraph 127; herein, the logo elements 681 combine to include a positive and ground signal and two data signals).
Re claim 11: CN’736 in view of Chatterjee discloses the peripheral camera comprising a dock (CN’736: charging base 2) having a curved base that accepts the cylindrical housing (CN’736: 1), a power pin and a ground pin (Chatterjee: see paragraph 127; herein, the logo elements 681 combine to include a positive and ground signal and two data signals), power pin aligning with the power concentric ring (Chatterjee: outer ring 431 in fig 6A and paragraph 121) and the ground pin aligning with the ground concentric ring (Chatterjee: inner ring 433 in fig 6A and paragraph 121) through 360 degrees of rotational orientation of the cylindrical housing in the curved base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nidhi Thaker whose telephone number is (571)270-3408. The examiner can normally be reached M, TH, F 10am-6pm.
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/NIDHI THAKER/ Primary Examiner, Art Unit 2841
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