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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 January 2026 has been entered.
Response to Amendment
Applicant has amended claims 1, 10, and 17. Claims 1-20 are pending and considered in the present Office action.
The rejections to the claims are withdrawn in view of the amendment. However, upon further consideration a new ground of rejection is necessitated by amendment.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jannard (US 2019/0260862) in view Sasaki (US 5,151,727) and Kang et al. (US 2011/0216485), hereinafter Jannard, Sasaki and Kang.
Regarding Claims 1-2, Jannard suggests a cinematography battery pack (i.e., 124, see also modules 112, 120, 128, and Fig. 1A-B, 3A-3B, etc.), comprising a first surface (e.g., 144, 944, see Fig. 1A-1B, 3A-3B, 9A-9B, etc.) including at least one latch receiver (e.g., 988a, 988b) and a second surface (e.g., 142, 942) including a first magnetic member and a second magnetic member (see e.g., [0173] and [0245], where magnets (plural) suggests a first magnetic member and a second magnetic member; further, including multiple magnetic members would be an obvious design choice from the standpoint of providing the attractive forces between the cinematography battery packs and a means to physically couple the battery packs, and the mere duplication of parts (i.e., magnetic members) has no patentable significance unless a new and unexpected result is produced, MPEP 2144.04, VI., B.) and at least one latch (e.g., 981a, 981b, see also [0171-0173]); the at least one latch includes a first latch and a second latch (i.e., 981a, 981b, see Figs. 9A). Jannard suggests the first magnetic member and the second magnetic member is configured to magnetically engage a first magnetic member and a second magnetic member of another cinematography battery pack or a cinematography accessory from the standpoint of providing the attractive forces between the cinematography battery packs and a means to physically couple the battery packs (i.e., [0106-0107, 0117-0119, 0131, 0138, 0141, 0171-173, 0245]). Jannard suggests the latch(s) (981a, 981b) is(are) movable between a first position (i.e., disengaging position due to the release mechanism, [0180]) and a second position (“original position”) where at least a portion of the latch(s) protrudes from the second surface (to mate with the catches in latch receiver 988a, 988b, [0179], see Fig. 9A), thereby suggesting the at least one latch (981a, 981b) is configured to mechanically engage a latch receiver (via a catch in the hole 988a, 988b) of the at least one of the other cinematography battery pack or the cinematography accessory when the at least one latch is in the second position (see Fig. 9).
Jannard does not suggest the first position of the latch is recessed below the second surface. However, Sasaki provides a coupling mechanism for coupling/decoupling a battery (134) to/from a camera base (120). Specifically, the coupling mechanism includes a latch (142) where at least a portion of the latch (142) protrudes from a surface (i.e., 120B”, see Fig. 2) of the base (120), such that the latch (142) is configured to mechanically engage a latch receiver (140) on a surface (134A) of the battery (134); the latch (142) is movable between a first position (i.e., “A”, Fig. 2) and a second position (i.e., “B”, Fig. 2). Sasaki suggests the first position of the latch (i.e., “A”) is recessed below the surface of the base (i.e., 120B) to enable the decoupling of the battery from the base. See e.g., col. 5-6. It would be obvious to one having ordinary skill in the art the first position(s) of the latche(s) of Jannard are recessed below the surface of the base to ensure decoupling of the battery.
Jannard does not show the structure of the magnetic members; thus, Jannard does not disclose the magnetic members include projections arranged in orifices configured to receive the projections. However, Kang suggest secure coupling by magnetic means. Specifically, the magnetic coupling arrangement includes a plurality of magnetic members (e.g., 221; 421) on a surface of a case (e.g., 211 of device 200) intended to be magnetically secured to magnetic members located on another surface of another case (112 of device 100), see e.g., Fig. 3 and 8A; each magnetic member on the case includes a projection (e.g., 444, see e.g., Fig. 8A) configured to engage in a respective orifice (e.g., 321a, see e.g., Fig. 8A) on the other surface of the other case, thereby ensuring secure coupling, see e.g., [0067]. It would be obvious to one having ordinary skill in the art the second surface includes a first magnetic member supported by a first projection and a second magnetic member supported by a second projection, wherein the first magnetic member is configured to magnetically engage a first magnetic member, arranged in a first orifice configured to receive the first projection, of at least one of another cinematography battery pack or a cinematography accessory, wherein the second magnetic member is configured to magnetically engage a second magnetic member, arranged in a second orifice configured to receive the second projection, of the at least one of the other cinematography battery or the cinematography accessory, with the expectation of achieving a secure coupling means, as suggested by Kang.
Regarding Claims 3-4, Jannard suggests an actuator (e.g., release button, slider switch, [0180]) disposed in mechanical cooperation with the at least one latch (i.e., hooks 981a, 981b), wherein actuation of the actuator moves the at least one latch from the first position to the second position. If is further noted the coupling mechanism of Sasaki used to modify Jannard also suggests an actuator (146C, Fig. 2) that moves the latch (142) from a first position to a second position (i.e., A, B see Fig. 2)
Regarding Claims 5-6, Jannard suggests the hook moves past the catch and springs behind the catch, locking into place, see e.g., [0179, 0245]. Thus, Jannard suggests the at least one latch is configured to automatically mechanically engage the latch receiver of the at least one of the other cinematography battery pack or the cinematography accessory when the first magnetic member magnetically engages the first magnetic member of the at least one of the other cinematography battery pack or the cinematography accessory when the at least one latch is in the second position, and the at least one latch is configured to mechanically engage the latch receiver of the at least one of the other cinematography battery pack or the cinematography accessory when the at least one latch is moved from the first position to the second position after the first magnetic member magnetically engages the first magnetic member of the at least one of the other cinematography battery pack or the cinematography accessory.
Regarding Claim 7, Jannard suggests the at least one latch (981a, 981b) is biased toward the second position, see Fig. 9A, see also Fig. 2 of Sasaki.
Regarding Claim 8, Jannard suggests the at least one latch (981a, 981b) is pivotable between the first position and the second position, see e.g., [0179], see also Sasaki (Fig. 2 and movement between position A and B).
Regarding Claim 9, Jannard suggests an electrical connection (192, 992) supported by the first surface (144, 944) of the first cinematography battery pack, wherein the electrical connection is configured to engage an electrical connection (i.e., 185, 985) of the other cinematography battery pack or the cinematography accessory (i.e., of the second surface 142, 942) when the first magnetic member magnetically engages the first magnetic member of the at least one of the other cinematography battery pack or the cinematography accessory, see e.g., [0159, 0178, 0245].
Regarding Claim 10, Jannard suggests one, two, three, four or more power modules 124 connected to each other or other modules in any order, see e.g., [0131, 0157-0158, 0176-0181, 0233, 237]; thus, Jannard suggests a first cinematography battery pack (e.g., 124) and a second cinematography battery pack each including a first surface (e.g., 144, 944) and a second surface (142, 942); Jannard suggests the first surface of each pack includes a first magnetic member and a second magnetic member, and at least one latch receiver (e.g., 188a, 188b, 988a, 988b), and the second surface of each pack includes a third magnetic member and a forth magnetic member (see e.g., [0008, 0173, 0245], where magnets (plural) suggest a first magnetic member and a second magnetic member on one pack surface, which is understood to engage with a third magnetic member and fourth magnetic member of another pack surface; further, including multiple magnetic members would be an obvious design choice from the standpoint of providing the attractive forces between the cinematography battery packs and a means to physically couple the battery packs, and the mere duplication of parts (i.e., magnetic members) has no patentable significance unless a new and unexpected result is produced, MPEP 2144.04, VI., B.).
Jannard does not show the structure of the magnetic members, hence does not disclose the projections and orifices set forth in the claim. However, Kang suggest secure coupling by magnetic means. Specifically, the magnetic coupling arrangement includes a plurality (i.e., four) of magnetic members (see e.g., 221; 421) on a surface of a case (e.g., 211 of device 200) intended to be magnetically secured to a plurality (i.e., four) of magnetic members located on another surface of another case (112 of device 100), see e.g., Fig. 3 and 8A; each magnetic member on the case includes a projection (e.g., 444, see e.g., Fig. 8A) configured to engage in a respective orifice (e.g., 321a, see e.g., Fig. 8A) on the other surface of the other case, thereby ensuring secure coupling, see e.g., [0067]. It would be obvious to one having ordinary skill in the art the first surface of the first pack includes a first magnetic member arranged in a first orifice, a second magnetic member arranged in a second orifice, and the second surface of the first pack includes a third magnetic member supported by a first projection and a fourth magnetic member supported by a second projection; the first surface of the second pack includes a first magnetic member arranged in a first orifice, a second magnetic member arranged in a second orifice, and the second surface includes a third magnetic member supported by a first projection and a fourth magnetic member supported by a second projection, with the understanding that the first orifice of the first pack is configured to receive the first projection of the second pack, and the second orifice of the first pack is configured to receive the second projection of the pack, with the expectation of achieving a secure coupling means between the plurality of battery packs, as suggested by Jannard and Kang.
Jannard further suggests each pack includes at least one latch (e.g., 181a, 181b, 981a, 981b) movable between a first position and a second position where at least a portion of the at least one latch protrudes from the second surface, see e.g., Figs. 3A-3B, 7A-7B and 9A-9B, [169-180]. Thus, Jannard suggests the first magnetic member of the first cinematography battery pack is configured to magnetically engage the third magnetic member of the second cinematography battery pack, wherein the at least one latch of the first cinematography battery pack is configured to mechanically engage the at least one latch receiver of the second cinematography battery pack, see e.g., Figures, from the standpoint of providing the attractive forces between the cinematography battery packs and a means to physically couple the battery packs.
Jannard does not show the at least one latch of either battery pack is recessed below the second surface. However, Sasaki provides a coupling mechanism for coupling/decoupling a battery (134) to/from a camera base (120). Specifically, the coupling mechanism includes a latch (142) where at least a portion of the latch (142) protrudes from a surface (i.e., 120B”, see Fig. 2) of the base (120), such that the latch (142) is configured to mechanically engage a latch receiver (140) on a surface (134A) of the battery (134); the latch (142) is movable between a first position (i.e., “A”, Fig. 2) and a second position (i.e., “B”, Fig. 2). Sasaki suggests the latch (i.e., “A”) is recessed below the surface of the base (i.e., 120B) to enable the decoupling of the battery from the base. See e.g., col. 5-6. It would be obvious to one having ordinary skill in the art the latches of Jannard are recessed below the second surface to ensure decoupling of the battery.
Regarding Claim 11, Jannard suggests a cinematography accessory (e.g., 126, 120, 122, 1330, etc., see Figs. 3A-3B, 7A-7B, 9A-9B, 12, 13A-13B) including a first magnetic member ([0008, 0173, 0245]) and a latch receiver (see e.g., 188a, 188b, Figs. 7A-7B). Jannard suggests each module includes a magnet on each surface and the modules can be stacked in any order, [0008, 0013, 0105-0106, 0119, 0131, 0157-0158, 0176-0181, 0233, 237, 0245], thereby suggesting the first magnetic member of the cinematography accessory is configured to magnetically engage the first magnetic member of the second cinematography battery pack, and wherein the at least one latch of the second cinematography battery pack is configured to mechanically engage the latch receiver of the cinematography accessory.
Regarding Claim 12, Jannard suggests the at least one latch of the first cinematography battery pack includes a first latch and a second latch (e.g., 981a, 981b), and wherein the at least one latch receiver of the second cinematography battery pack includes a first latch receiver and a second latch receiver (e.g., 988a, 988b). See Figs., e.g., 9A.
Regarding Claim 13, Jannard suggests the hook moves past the catch and springs behind the catch, locking into place, see e.g., [0179, 0245]. Thus, Jannard suggests the at least one latch of the first cinematography battery pack is configured to automatically mechanically engage the at least one latch receiver of the second cinematography battery pack when the first magnetic member of the first cinematography battery pack magnetically engages the third magnetic member of the second cinematography battery pack when the at least one latch of the first cinematography battery pack is in the second position.
Regarding Claim 14, Jannard suggests the at least one latch (981a, 981b) of the first cinematography battery pack is biased toward the second position, see Fig. 9A, see also Fig. 2 of Sasaki. 14.
Regarding Claim 15, Jannard suggests the at least one latch (981a, 981b) of the first cinematography battery pack is pivotable between the first position and the second position, see e.g., [0179], see also Fig. 2 of Sasaki and movement between position A and B.
Regarding Claim 16, Jannard suggests the first cinematography battery pack includes an electrical connection (e.g., 189a, 992) supported by the first surface (e.g., 144, 977), wherein the second cinematography battery pack includes an electrical connection (e.g., 185, 985) supported by the second surface (142, 942), and wherein the electrical connection of the first cinematography battery pack is configured to engage the electrical connection of the second cinematography battery pack when the first magnetic member of the first cinematography battery pack magnetically engages the third magnetic member of the second cinematography battery pack.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jannard (US 2019/0260862) in view Kang et al. (US 2011/0216485), hereinafter Jannard, and Kang.
Regarding Claim 17, Jannard suggests one, two, three, four or more power modules 124 connected to each other or other modules in any order, see e.g., [0131, 0157-0158, 0176-0181, 0233, 237]. Thus, Jannard suggests a first cinematography battery pack (e.g., 124) and a second cinematography battery pack (e.g., 124), each including: a magnetic engagement member (see e.g., [0007-0008, 0173, 0245]) configured to magnetically engage with each other, and each including a mechanical engagement member (e.g., 181a, 181b on first pack engages with 188a, 188b on second pack; or, 981a, 981b engages with 988a, 988b, etc., see e.g., [0155, 0158, 0168-0169, 0177-0180]) configured to selectively (by way of actuation, see e.g., [0180]) mechanically engage with each other.
The magnetic engagement members of the first and second pack (i.e., protrusion, orifice) have already been detailed in the rejection of claims 1 and 10, hence not repeated here. In short, Jannard and Kang suggest magnetic engagement members (protrusion 444) of one pack arranged in an orifice (321a) of another pack from the standpoint of secure coupling of the packs. Jannard and Kang suggest first pack includes an orifice configured to receive a projection of the second pack, wherein the magnetic member of the second pack (i.e., projection) is arranged in the orifice of the first pack such that the magnetic engagement member (i.e., orifice) of the first pack is supported by the first projection of the second pack, thereby enabling a secure coupling of the battery packs.
Regarding Claim 18, Jannards suggests hooks 981a, 981b are coupled to a spring mechanism such that they are deflected upon contact with a catch in slots 988a, 988b; the hooks 981a, 981b move past the catches and spring back to their original position behind the catches, locking the modules (e.g., 124) into place; disengaging the modules involves a release mechanism (i.e., actuation by way of a release buttons, slider switches coupled to the spring) for releasing the hooks, where the user actuates a button or switch to disengage the modules. [0179-0180]. Thus, Jannard suggests the mechanical engagement member of the second cinematography battery pack is configured to selectively disengage from the mechanical engagement member of the first cinematography battery pack (by way of actuation of the release buttons or slider switches) when the magnetic engagement member of the first cinematography battery pack is magnetically engaged with the magnetic engagement member of the second cinematography battery pack.
Regarding Claim 19, Jannards suggests hooks 981a, 981b are coupled to a spring mechanism such that they are deflected upon contact with a catch in slots 988a, 988b; the hooks 981a, 981b move past the catches and spring back to their original position behind the catches, locking the modules (e.g., 124) into place; disengaging the modules involves a release mechanism (i.e., actuation by way of a release buttons, slider switches coupled to the spring) for releasing the hooks, where the user actuates a button or switch to disengage the modules. [0179-0180]. Thus, Jannard suggests the mechanical engagement member (e.g., hooks 981a, 981b) of the first cinematography battery pack is movable between a first retracted position (deflected position upon contact with a catch, or actuated position when button coupled to the spring actuates to release the hook) and a second extended position (original position, such as behind the catch when the modules are locked, see Fig.9A).
Regarding Claim 20, Jannards suggests the first cinematography battery pack includes an electrical connection (e.g., 176, 172, 192, 992, 993), wherein the second cinematography battery pack includes an electrical connection (e.g., 162, 164, 185, 985, 986), and wherein the electrical connection of the first cinematography battery pack is configured to engage the electrical connection of the second cinematography battery pack when the magnetic engagement member of the first cinematography battery pack is magnetically engaged with the magnetic engagement member of the second cinematography battery pack. See figures and [0148, 0156, 0159, 0165, 0176-0179].
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 1-15 of U.S. Patent No. US 12261475 in view of Jannard, Sasaki (both cited earlier in this Office action), hereinafter ‘475, Jannard, and Sasaki.
The instant claims are not patentably distinct from ‘475 because both sets of claims recite two cinematography battery packs, each having two surfaces, that magnetically engage with each other through a plurality of magnetic members (e.g., first magnetic member, second magnetic member, third magnetic member, forth magnetic member). While a latch and latch receiver are not recited in ‘475, such features would be obvious in view of Jannard as detailed under the rejection of claims 1, 10 and 17, hence not repeated here for brevity. Further, the position of the latch as set forth in instant claim 1 would further be obvious over Sasaki, detailed under the rejection of claims 1-2 hence not detailed here for the sake of brevity. Finally, the protrusion/orifice magnetic members would be obvious over Kang as set forth under the rejection of claims 1 and 10.
Conclusion
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/ANNA KOROVINA/Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729