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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The claims make use of the terms “auxiliary shooting” to modify the term “structure” in the preamble. These terms impart some amount of structure to the claimed invention due to how each word and the phrase as a whole would be understood and interpreted by a person having skill in the art at the time of filing in light of the teachings and knowledge in the art and the manner in which the phrase is used in the specification.
Firstly The examiner notes that this discussion is limited to the phrase “auxiliary shooting structure”, other claim limitations further define the claimed invention.
The term “structure” is a straightforward indication of some form a physical device (as is clear from other claim limitations) and does not require more discussion.
The term “shooting”, in light of the specification, clearly indicates that the structure is intended for use with an image capturing device (hereafter, a “camera”, note that “shooting structure” does not limit the form and functionality of the camera to a particular style or size), and further must be usable during operation of the camera to capture images as “shooting” in the art of photography, videography, and cinematography indicates active capture of image(s).
The term “auxiliary” indicates that the structure should be able to be associated with the camera but not be integral with or required for operation of the camera, as the term “auxiliary” indicates that the shooting structure is supplementary to the shooting.
In total the phrase indicates that the claimed structure must be usable with the camera during operation of a camera to capture images, but must not be necessary for the operation of the camera. A grip formed as part of a camera body is not an auxiliary shooting structure (as it is integral, not auxiliary), but a removable grip is. A storage case is not an auxiliary shooting structure as the camera cannot be used (shooting cannot occur) while associated with it, while a protective cage or “blind” for the camera with a window for the camera lens would be.
Finally the examiner notes that the phrase “auxiliary shooting structure” does indicate that there must be a connection of some sort between the structure and the camera, it does not necessarily require a physical connection. As an example of a non-physical connection consider a portable control panel configured to allow a camera operator to remotely monitor and control a cinema camera positioned in an inaccessible location (e.g. at the end of a crane or attached to a small moving vehicle) – such a remote-control panel would be reasonably considered an “auxiliary shooting structure” by a person having skill in the art despite not being physically connected to the camera itself due to the functional interconnection between the camera and the panel.
Claim Rejections - 35 USC § 112
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.
Claim 12 is 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.
With regard to claim 12: The claim recites that the first foot stand comprises a first connecting portion and that the second foot stand comprises a second connecting portion, but then includes a limitation referring to “the connecting portion” without indicating which of the two connecting portions the limitation refers to.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3, 5, 8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (KR 2015-0141352 A, English machine translation attached).
With regard to claim 1: Park discloses a foldable auxiliary shooting structure (a gimbal system 100 to which a camera 102 can be attached using mounting plate 280, see ¶068). Park includes a first handheld component and a second handheld component in the form of a pair of handles (formed from a combination of 140 and 150) located on either side of the gimbal assembly, and a connecting section 120 (detail shown in Figure 3) which includes a first end hinged to the first handheld component and a second end hinged to the second handheld component (see ¶0083, each of the handles is attached via engagement of elements 142 of the handles with elements 124 of the connecting part). For consistent reference please see Figure 2, the handle component which is drawn as being disconnected (on the left side of the figure) is being considered to be the “first” handheld component and the other handle component the “second”, with the joint members 124 which correspond to the first and second handle components likewise being the “first end” and “second end” of the connecting section as claimed. Park further includes a plurality of locking components which are operable to transition the first handheld component and the second handheld component between a use state (shown in Figure 1) and a folded state (shown in Figure 12) relative to the connecting section (the exact locking means is not disclosed but from the drawings and descriptions in ¶0031, 0038, and 0084 the locking is achieved by tightening an unlabeled threaded member retained in 124 to hold locking teeth positioned at end 142 of the handheld components in fixed engagement with corresponding teeth of elements 124).
With regard to claim 3: In Park the ends of the handheld components distant from the connecting section are detachably connected and hinged, see ¶0040 and Figure 4 as well as ¶0116 and Figure 11.
With regard to claim 5: In Park a first locking component of a plurality of locking components is formed on the first handheld component (the teeth positioned on end 142 of the first handheld component) and a second locking component of the plurality of locking components is formed on the second handheld component (the teeth positioned on end 142 of the second handheld component), these first and second locking components are operable to transition between a locking state (where the teeth are engaged in fixed arrangement with teeth on the correspond element 124 of the connecting section) and an unlocking state (where the teeth can move relative to each other) with the connecting component to selectively position the first handheld component and the second handheld component in the use state of the folded state relative to the connecting section.
With regard to claim 8: Park discloses the inclusion of a stabilizer mounting component (a first arm section 200 which connects to the connection section via first pivot part 130 (see ¶0082 and 0087) and which connects to further stabilizing arms 220 and 240. Park discloses the inclusion of a power supply component in the form of either of battery 209 which provides power to the entire apparatus (see Figure 2, ¶0049, and ¶00151 disclosing attachment of the battery to the bottom of the upper portion 202 of the arm section 200) or operation panel 206 (which is disclosed in ¶0102-0104 as controlling operation of the gimbal system which involves control of power to the motors), both of which are arranged on the stabilizer mounting component. While an electrical connection line is not drawn, a person having ordinary skill in the art before the effective filing date of the claimed invention would readily recognize that multiple such electrical connection lines are necessarily present in Park in order to electrically connect the battery to the control panel and the control panel to the motor units to achieve the supply of power noted in ¶ and the control of motor rotation as noted in ¶0104.
With regard to claim 12: Park discloses that the first and second handheld components can be each equipped with corresponding foot stands. These foot stands are shown in Figure 13, and in use in Figure 15. Each combination of 490, 480, 462, 445, and 444 corresponds to one of the first foot stand and the second foot stand, with the first foot stand being on the left side of the figures. Each foot stand of Park includes a corresponding connecting portion (fixing portion 490) and a foot support portion (480, 462, 445, and 444) with the connecting portions being configured to connect to a corresponding one of the first and second handheld components via the attachment shown in Figure 16 and discussed in ¶0141. Each of the foot support portions are configured to be movably connected (via element 480) to the connecting portions and operable to rotate relative to the connecting portions (see ¶0142-044).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Park.
With regard to claim 9: Park discloses the inclusion of handle portions 150 on both handheld components and discloses the inclusion of an electrical component on one of those handle portions in the form or adjusting means 158 (disclosed as a joystick or touch interface, see ¶0043-0044 and ¶0102-0103). Based upon the description of the operation of the adjustment means as being configured to interface with the control system of the gimbal to allow for manual control inputs to be given by the operator (see ¶0102-0103) there must be an electrical connection via an electric control line routed between 158 and the control panel.
Park however does not teach positioning such an electrically connected adjustment means on both handle portions, only teaching inclusion on one of the two handle portions.
A person having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to have positioned an adjustment means on both handle portions in order to allow for the operator of the camera system to control the operation of the gimbal system with either hand or to allow for simultaneous control of all three gimbal axes (a “joystick” being a two-axis control device but the gimbal being a three-axis device).
Allowable Subject Matter
Claims 2, 4, 6-7, and 10-11 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.
With regard to claims 2 and 4: The prior art does not teach a connecting section having the structure claimed, where the connecting section comprises a first connecting section which is hinged to first ends of the first and second handheld components as claimed and a second connecting section which is hinged to second ends of the first and second handheld components as claimed. Connecting sections allowing folding of handheld elements are known in auxiliary shooting structures, but such folding is generally accomplished via c hinged connection at a single end of the folded components as in Park, Fee (US Patent 9,557,006 B2), and Jannard (US Patent 8,477,238 B2 Figure 11). This is generally because handheld structures such as grips and handles which project far enough from the structure to warrant folding to save space for transport do so by being only connected at one end.
With regard to claim 6-7: While sleeved locking members which incorporate an outer, internally threaded, member sleeved on one of two locked members with those threads being configured to be engaged with external threads provided on the other member are known in auxiliary shooting structures, see for example Bei (US Patent 11,042,077 B2) Figure 3, such arrangements do not allow for the degree of adjustability required of the joints of Park (or similar foldable handle arrangements).
With regard to claims 10-11: The prior art does not teach routing of an electrical connection line through the connecting section as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Leon W Rhodes Jr whose telephone number is (571)270-5774. The examiner can normally be reached M-F 9:00AM - 6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter Lindsay 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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/LEON W RHODES, JR/Examiner, Art Unit 2852
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