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 12/19/25 and 04/03/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 20 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of copending Application No. 19/660207 in view of Varon Weinryb (US Pub No.: 2022/0014667A1) and Zhang et al. (US Pub No.: 2020/0124949A1).
Claim 20 of the co-pending application 19/660207 does not explicitly recite the display surface facing away from the mount surface in both the first state and the second state and that a photographing module is arranged at the gimbal. Varon Weinryb teaches of the display surface facing away from the mount surface in both the first state and the second state, (Varon Weinryb teach that an external device is a holder with a gimbal stabilizer that can automatically rotate the phone from a landscape position to a portrait position and vice versa using an electric actuator, so one of said Take-Over operations is rotating said mobile device by 90 degrees. The display surface of the smartphone 103 faces away from the mount surface (behind the display) in both the portrait and landscape states, Claims 1, 5, Abstract; Paragraphs 0055-0057; Figure 3 of Varon Weinryb. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the instant application to include a display surface facing away from the mount surface in both the first state and the second state as taught by Varon Weinryb, because this is a well-known positioning of a mount structure of securing a display while not having the mount block the field of view of the display.
Zhang et al. teach of a photographing module arranged at a gimbal. Zhang et al. teach of a photographing apparatus, that provides a gimbal and a photographing assembly having the gimbal. The gimbal includes: a stability augmentation assembly configured to mount the photographing apparatus; a handle connected to the stability augmentation assembly; a display screen mounted to the handle and configured to display an image photographed by the photographing apparatus, so that a user may control the stability augmentation assembly according to the photographed image, Abstract and Figures 1-5 of Zhang et al.. Zhang et al. teach of a separate photographing apparatus 200 (photographing module) attached to the gimbal 100 with a separate touch display screen 20 and a handle 30, Paragraphs 0034-0036; Figures 1-5 of Zhang et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the co-pending application 19/660207 to include an independent photographing module on the gimbal as taught by Zhang et al., because it helps for the photographing apparatus/module to have its position and angle of view adjusted independent of the display).
This is a provisional nonstatutory double patenting rejection.
Co-pending application: 19/660207
Instant application: 19/169826
20. A handheld gimbal device comprising:
a device including:
a handle including a mount surface;
a display unit rotatably arranged at the mount surface and reversibly switchable between a first state and a second state, the display unit including a display surface perpendicular to a rotation axis of the display unit, and
a dimension of the display unit in the first state along a lateral direction of the handle being smaller than the dimension of the display unit in the second state along the lateral direction of the handle; and
a gimbal arranged at the handle.
20. A photographing assembly comprising:
a device including:
a handle including a mount surface;
a display unit rotatably arranged at the mount surface and reversibly switchable between a first state and a second state, the display unit including a display surface perpendicular to a rotation axis of the display unit,
the display surface facing away from the mount surface in both the first state and the second state, and
a dimension of the display unit in the first state along a lateral direction of the handle being smaller than the dimension of the display unit in the second state along the lateral direction of the handle; and
a gimbal arranged at the handle; and
a photographing module arranged at the gimbal.
3.) 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.
Claims 8, and 10-18 are 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.
Claim 8 recites the limitation "the force between the first member and the second member is a magnetic force." in the second line of the claim. There is insufficient antecedent basis for the underlined limitation in the claim.
Claim 10 recites the limitation "a photographing mode of the handheld gimbal device", “working parameters of the handheld gimbal device”, “a photographing picture of the gimbal” in the second through fourth lines of the claim. There is insufficient antecedent basis for the underlined limitations in the claim.
Claims 11-18 recite the limitation "the handheld gimbal device” in the claims. Claim 11 depends on independent claim 1 which makes no mention of any handheld gimbal device. There is insufficient antecedent basis for the underlined limitations in the claims.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4.) Claim(s) 1-6, 10-11, 15 and 19 is/are rejected under 35 U.S.C. 102 (a1) (a2) as being anticipated by Varon Weinryb (US Pub No.: 2022/0014667A1).
In regard to Claim 1, Varon Weinryb disclose a device (Smartphone 103 on gimbal for taking a video, Paragraph 0055; Figure 3; Abstract) comprising:
a handle including a mount surface (Handle with a mount surface for smartphone 103, Paragraph 0055; Figure 3);
a display unit rotatably arranged at the mount surface and reversibly switchable between a first state (portrait) and a second state (landscape) (The display of 103 is switchable between a portrait/vertical position and a landscape/horizontal position, Paragraphs 0055-0057; Figure 3), the display unit including a display surface perpendicular to a rotation axis of the display unit (A device code for external device (101), together with an operation code for a 90 degrees rotation is sent to the Taker-Visitor app at the Taker's side, Paragraph 0056 and Figure 3), the display surface facing away from the mount surface in both the first state and the second state (The display surface of the smartphone 103 faces away from the mount surface (behind the display) in both the portrait and landscape states, Figure 3), and
a dimension of the display unit in the first state along a lateral direction of the handle being smaller than the dimension of the display unit in the second state along the lateral direction of the handle (The width dimension of the display in the second state (landscape) is larger than the width dimension of the display in the first state (portrait) along the lateral direction of the handle, Figure 3).
With regard to Claim 2, Varon Weinryb discloses the device according to claim 1, wherein: in the first state, a length direction of the display unit is along a length direction of the handle; and in the second state, the length direction of the display unit and the length direction of the handle form an angle larger than zero (In the portrait mode/state, the length direction of the display unit of smartphone 103 is along a direction of the handle while in a horizontal position/second state the length direction of the display and the length direction of the handle appear perpendicular and larger than zero, Figure 3).
Regarding Claim 3, Varon Weinryb discloses the device according to claim 1, wherein: the first state is a state in which the display unit is in a vertical screen state (In the portrait position, the display of 103 is vertical, Figure 3 and Paragraphs 0055-0057), and the second state is a state in which the display unit is in a horizontal screen state (In the landscape position 117, the display of 103 is vertical, Figure 3 and Paragraphs 0055-0057); or the first state is a state in which a width direction of the display unit is arranged along the lateral direction of the handle, and the second state is a state in which a length direction of the display unit is arranged along the lateral direction of the handle (As taught above, the display of 103 is switchable between a portrait/vertical position and a landscape/horizontal position, Paragraphs 0055-0057; Figure 3).
In regard to Claim 4, Varon Weinryb discloses the device according to claim 1, wherein: in the first state, a periphery of the display unit is flush with a periphery of the mount surface, or the display unit is located within the mount surface (The display of 103 is flush with the mount surface on the handle in the portrait/vertical/first state, Paragraphs 0055-0057; Figure 3); and in the second state (landscape/horizontal state), the display unit extends out of the mount surface along two lateral ends of the handle (When flipped horizontally, it can be seen that the display unit of the smartphone 103 extends out of the surface it is mounted on along two lateral ends of the handle, Paragraphs 0055-0057; Figure 3).
With regard to Claim 5, Varon Weinryb discloses the device according to claim 1, wherein: a rotational stroke of the display unit includes a critical position between the first state and the second state; and the display unit is configured to: in response to the display unit switching from the first state to the second state, automatically reach the second state after passing the critical position; and in response to the display unit switching from the second state to the first state, automatically reach the first state after passing the critical position (An informative display (115) appears, which includes in this example a letter “A” and a rotate arrow. When seen by the Taker, the Taker gets to know that an automatic 90 rotation operation has been performed by the Visitor. At this point, and without any action whatsoever required from the Taker, the Taker's device is being rotated by the external device (101) and is now in a landscape position (117), thus streaming a video in landscape mode (119). The said external device is a holder with a gimbal stabilizer that can automatically rotate the phone from a landscape position to a portrait position and vice versa using an electric actuator, so one of said Take-Over operations is rotating said mobile device by 90 degrees, Paragraphs 0055-0057; Claims 1-2, 5 and Figure 3).
Regarding Claim 6, Varon Weinryb discloses the device according to claim 1, further comprising: an adapter structure (holder) connecting the display unit to the handle (The holder connects the display unit to the handle, Paragraphs 0014-0015), and configured to enable the display unit to automatically and reversibly reach the first state or the second state (An informative display (115) appears, which includes in this example a letter “A” and a rotate arrow. When seen by the Taker, the Taker gets to know that an automatic 90 rotation operation has been performed by the Visitor. At this point, and without any action whatsoever required from the Taker, the Taker's device is being rotated by the external device (101) and is now in a landscape position (117), thus streaming a video in landscape mode (119). The said external device is a holder with a gimbal stabilizer that can automatically rotate the phone from a landscape position to a portrait position and vice versa using an electric actuator, so one of said Take-Over operations is rotating said mobile device by 90 degrees, Paragraphs 0055-0057; Claims 1-5).
Regarding Claim 10, Varon Weinryb discloses the device according to claim 1, wherein the display unit has at least one of functions of: controlling a photographing mode of the photographing assembly; controlling working parameters of the photographing assembly; displaying the working parameters of the photographing assembly; or displaying a photographing picture of the photographing assembly (A device code for external device (101), together with an operation code for a 90 degrees rotation is sent to the Taker-Visitor app at the Taker's side. Optionally, an informative display (115) appears, which includes in this example a letter “A” and a rotate arrow. At this point, and without any action whatsoever required from the Taker, the Taker's device is being rotated by the external device (101) and is now in a landscape position (117), thus streaming a video in landscape mode (119), Paragraphs 0055-0057 and Figure 3).
With regard to Claim 11, Varon Weinryb discloses the device according to claim 1, further comprising: a controller (electric actuator) configured to, in response to the display unit switching between the first state and the second state, control an operation state of the photographing assembly to change (A Taker's smartphone (103) mounted on a handle with a gimbal stabilizer (101) that can automatically rotate the phone from a landscape position to a portrait position and vice versa using an electric actuator, Paragraphs 0055-0057; Figure 3).
In regard to Claim 15, Varon Weinryb disclose the device according to claim 11, wherein the controller is further configured to: in response to the display unit switching from the first state to the second state, control the handheld gimbal device to be set to a first photographing mode; and in response to the display unit switching from the second state to the first state, control the handheld gimbal device to be set to a second photographing mode (A Taker's smartphone (103) mounted on a handle with a gimbal stabilizer (101) that can automatically rotate the phone from a landscape position to a portrait position and vice versa using an electric actuator, Paragraphs 0055-0057; Figure 3).
In regard to Claim 19, Varon Weinryb disclose a device (Smartphone 103 on gimbal for taking a video, Paragraph 0055; Figure 3; Abstract) comprising:
a handle including a mount surface (Handle with a mount surface for smartphone 103, Paragraph 0055; Figure 3);
a display unit rotatably arranged at the mount surface and reversibly switch between a first state (portrait) and a second state (landscape) (The display of 103 is switchable between a portrait/vertical position and a landscape/horizontal position, Paragraphs 0055-0057; Figure 3),
a dimension of the display unit in the first state along a lateral direction of the handle being smaller than the dimension of the display unit in the second state along the lateral direction of the handle (The width dimension of the display in the second state (landscape) is larger than the width dimension of the display in the first state (portrait) along the lateral direction of the handle, Figure 3), and
a display surface of the display unit facing away from the mount surface in the first state and the second state (The display surface of the smartphone 103 faces away from the mount surface (behind the display) in both the portrait and landscape states, Figure 3).
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.
5.) Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varon Weinryb (US Pub No.: 2022/0014667A1) as applied to claim 6 above and further in view of Stankie et al. (US Pub No.: 2022/0137491A1).
Regarding Claim 8, Varon Weinryb does not explicitly disclose the device according to claim 6, wherein: the force between the first member and the second member is a magnetic force. Stankie et al. teach of a magnetic force that holds the photographing module to the holder, (Stankie et al. teach of a mobile smart device accessory interface system includes a mobile smart device case that has magnet array embedded in it that is configured for magnetically coupling with a mobile smart device accessory or with a mobile smart device accessory interface device or both. The mobile smart device accessory interface device includes a compatible magnet array configured for magnetically coupling with the magnet array of the mobile smart device case. In combination, the mobile smart device case and the mobile smart device accessory interface device provide a system for magnetically coupling a mobile smart device accessory with a mobile smart device, Abstract of Stankie et al. Stankie et al. teach that a gimbal mounting capable interface device 184 that is configured to magnetically couple with compatible mobile smart devices 186. Attachment on the gimbal side 192 may be on a track, and may be able to slide left and right and then lock into place to balance the phone 186 on the gimbal 189. The gimbal side attachment 192 could be mechanical and/or magnetic. Example embodiments include adjustable and nonadjustable fixed attachments. The magnet array in the gimbal coupling interface could be modified to be Magsafe or M(force) compatible or otherwise to be compatible with a magnet array provided in a universal gimbal mount adapter, Paragraphs 0094-0098; Figures 7A-7E of Stankie et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the teachings of Varon Weinryb to have a force between a first member and a second member be a magnetic force as taught by Stankie et al., because it is a well-known way of providing a strong connection for securing accessories together).
6.) Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varon Weinryb (US Pub No.: 2022/0014667A1) and further in view of Zhang et al. (US Pub No.: 2020/0124949A1).
In regard to Claim 20, Varon Weinryb disclose a photographing assembly (Smartphone 103 on gimbal for taking a video, Paragraph 0055; Figure 3; Abstract) comprising:
a device including (See smartphone 103, Figure 3; Paragraph 0055):
a handle including a mount surface (Handle with a mount surface for smartphone 103, Paragraph 0055; Figure 3);
a display unit rotatably arranged at the mount surface and reversibly switchable between a first state (portrait) and a second state (landscape) (The display of 103 is switchable between a portrait/vertical position and a landscape/horizontal position, Paragraphs 0055-0057; Figure 3), the display unit including a display surface perpendicular to a rotation axis of the display unit (A device code for external device (101), together with an operation code for a 90 degrees rotation is sent to the Taker-Visitor app at the Taker's side, Paragraph 0056 and Figure 3),
the display surface facing away from the mount surface in the first state and the second state (The display surface of the smartphone 103 faces away from the mount surface (behind the display) in both the portrait and landscape states, Figure 3).
and a dimension of the display unit in the first state along a lateral direction of the handle being smaller than the dimension of the display unit in the second state along the lateral direction of the handle (The width dimension of the display in the second state (landscape) is larger than the width dimension of the display in the first state (portrait) along the lateral direction of the handle, Figure 3);
a gimbal arranged at the handle (The handle has a gimbal, Paragraph 0055; Figure 3).
While Varon Weinryb teach of a camera on the smartphone, the reference does not explicitly teach a separate photographing module arranged at the gimbal. Zhang et al. teach of a photographing apparatus with a separate photographing module arranged at the gimbal, (Zhang et al. teach of a photographing apparatus, that provides a gimbal and a photographing assembly having the gimbal. The gimbal includes: a stability augmentation assembly configured to mount the photographing apparatus; a handle connected to the stability augmentation assembly; a display screen mounted to the handle and configured to display an image photographed by the photographing apparatus, so that a user may control the stability augmentation assembly according to the photographed image, Abstract and Figures 1-5 of Zhang et al.. Zhang et al. teach of a separate photographing apparatus 200 (photographing module) attached to the gimbal 100 with a separate touch display screen 20 and a handle 30, Paragraphs 0034-0036; Figures 1-5 of Zhang et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the photographing apparatus of Varon Weinryb to include an independent photographing module on the gimbal as taught by Zhang et al., because it helps for the photographing apparatus/module to have its position and angle of view adjusted independent of the display).
7.) Allowable Subject Matter
i.) Claims 7, 9 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.
ii.) Claims 12-14, and 16-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRITHAM DAVID PRABHAKHER whose telephone number is (571)270-1128. The examiner can normally be reached Monday to Friday 8:00 am to 5:00 pm EST.
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Pritham David Prabhakher
Patent Examiner
Pritham.Prabhakher@uspto.gov
/PRITHAM D PRABHAKHER/Primary Examiner, Art Unit 2638
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