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 .
Information Disclosure Statement
The information disclosure statement (lDS) submitted on August 4, 2025, is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 4, 11-13, and 16 of U.S. Patent No. 12,366,792. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-10, 11-17, and 18-20 of the instant application are broader in every aspect than corresponding claims 1 and 4, 11-13, and 16 of prior U.S. Patent No. 12,366,792, and are therefore obvious variants thereof.
Instant Application
U.S. Patent No. 12,366,792
1. An accessory configured for connection to an image capture device, the accessory comprising:
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing including a collar defining a channel;
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
a sealing member received by the channel and configured to form a watertight seal with the image capture device;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens supported by the main housing; and
a lens assembly supported by the main housing such that the lens assembly extends into the collar; and
a mounting plate connected to the main housing.
a mounting plate connected to the main housing and having a generally polygonal configuration corresponding to that defined by the main housing,
wherein the mounting plate includes:
a central opening;
slots extending radially outward from the central opening; and
apertures that receive mechanical fasteners such that the mechanical fasteners extend through the mounting plate and into the main housing, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
Instant Application
U.S. Patent No. 12,366,792
2. The accessory of claim 1, wherein the channel extends circumferentially about the collar.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;….
3. The accessory of claim 2, wherein the lens extends into the collar.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the main housing such that the lens assembly extends into the collar; and….
4. The accessory of claim 1, wherein the main housing includes a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein…
5. The accessory of claim 4, wherein the mounting plate includes a generally polygonal configuration corresponding to that defined by the main housing.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the main housing such that the lens assembly extends into the collar; and
a mounting plate connected to the main housing and having a generally polygonal configuration corresponding to that defined by the main housing, wherein….
6. The accessory of claim 5, wherein the mounting plate includes: a central opening.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device; a lens assembly supported by the main housing such that the lens assembly extends into the collar; and
a mounting plate connected to the main housing and having a generally polygonal configuration corresponding to that defined by the main housing, wherein the mounting plate includes:
a central opening;….
7. The accessory of claim 6, wherein the mounting plate further includes:
apertures receiving mechanical fasteners such that the mechanical fasteners extend through the mounting plate and into the main housing.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device; a lens assembly supported by the main housing such that the lens assembly extends into the collar; and
a mounting plate connected to the main housing and having a generally polygonal configuration corresponding to that defined by the main housing, wherein the mounting plate includes:
a central opening;
slots extending radially outward from the central opening; and
apertures that receive mechanical fasteners such that the mechanical fasteners extend through the mounting plate and into the main housing, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
8. The accessory of claim 7, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the main housing such that the lens assembly extends into the collar; and
a mounting plate connected to the main housing and having a generally polygonal configuration corresponding to that defined by the main housing, wherein the mounting plate includes:
a central opening;
slots extending radially outward from the central opening; and
apertures that receive mechanical fasteners such that the mechanical fasteners extend through the mounting plate and into the main housing, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
9. The accessory of claim 8, wherein the mounting plate further includes:
slots extending radially outward from the central opening.
1. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device; a lens assembly supported by the main housing such that the lens assembly extends into the collar; and
a mounting plate connected to the main housing and having a generally polygonal configuration corresponding to that defined by the main housing, wherein the mounting plate includes:
a central opening;
slots extending radially outward from the central opening; and ….
10. The accessory of claim 9, wherein the slots include first and second slots positioned in diametrical opposition.
3. The accessory of claim 1, wherein the slots include first and second slots.
4. The accessory of claim 3, wherein the first and second slots are positioned in diametrical opposition.
Instant Application
U.S. Patent No. 12,366,792
11. An accessory configured for connection to an image capture device, the accessory comprising:
11. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing including a collar defining a circumferential channel;
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
a sealing member received by the circumferential channel and configured to form a watertight seal with the image capture device;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens extending into the collar; and
a lens assembly supported by the main housing such that the lens assembly extends into the collar;
a mounting plate connected to the main housing, wherein the mounting plate is configured for releasable connection to the image capture device via rotation of the accessory.
a mounting plate connected to the main housing and supporting releasable connection of the accessory to the image capture device via rotation through a range of motion equal to approximately 90 degrees, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the main housing and defining rounded corner sections, and wherein the rounded corner sections include apertures receiving mechanical fasteners connecting the mounting plate to the main housing;
a first cap removably connectable to the main housing such that the first cap covers the lens assembly; and
a second cap removably connectable to the main housing such that the second cap covers the mounting plate.
Instant Application
U.S. Patent No. 12,366,792
12. The accessory of claim 11, wherein the main housing and the mounting plate include corresponding generally polygonal configurations.
11. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the main housing such that the lens assembly extends into the collar;
a mounting plate connected to the main housing and supporting releasable connection of the accessory to the image capture device via rotation through a range of motion equal to approximately 90 degrees, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the main housing and ….
13. The accessory of claim 12, wherein the mounting plate includes rounded corner sections.
11. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the main housing such that the lens assembly extends into the collar;
a mounting plate connected to the main housing and supporting releasable connection of the accessory to the image capture device via rotation through a range of motion equal to approximately 90 degrees, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the main housing and defining rounded corner sections, and ….
14. The accessory of claim 13, wherein the rounded corner sections include apertures receiving mechanical fasteners connecting the mounting plate to the main housing.
11. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the main housing such that the lens assembly extends into the collar;
a mounting plate connected to the main housing and supporting releasable connection of the accessory to the image capture device via rotation through a range of motion equal to approximately 90 degrees, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the main housing and defining rounded corner sections, and wherein the rounded corner sections include apertures receiving mechanical fasteners connecting the mounting plate to the main housing; …
15. The accessory of claim 14, wherein the mounting plate further includes:
an approximation structure configured such that rotation of the accessory in a first direction facilitates connection of the accessory to the image capture device and rotation of the accessory in a second, opposite direction facilitates disconnection of the accessory from the image capture device.
12. The accessory of claim 11, wherein the mounting plate includes:
an approximation structure configured such that rotation of the accessory in a first direction facilitates connection of the accessory to the image capture device and rotation of the accessory in a second, opposite direction facilitates disconnection of the accessory from the image capture device.
16. The accessory of claim 15, wherein the approximation structure includes:
a first guide member; and
a second guide member angularly offset from the first guide member.
13. The accessory of claim 12, wherein the approximation structure includes:
a first guide member; and
a second guide member angularly offset from the first guide member.
17. The accessory of claim 11, further including:
a first cap removably connectable to the main housing such that the first cap covers the lens; and
a second cap removably connectable to the main housing such that the second cap covers the mounting plate.
11. An accessory configured for connection to an image capture device, the accessory comprising:
a main housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the main housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device; a lens assembly supported by the main housing such that the lens assembly extends into the collar; a mounting plate connected to the main housing and supporting releasable connection of the accessory to the image capture device via rotation through a range of motion equal to approximately 90 degrees, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the main housing and defining rounded corner sections, and wherein the rounded corner sections include apertures receiving mechanical fasteners connecting the mounting plate to the main housing;
a first cap removably connectable to the main housing such that the first cap covers the lens assembly; and
a second cap removably connectable to the main housing such that the second cap covers the mounting plate.
Instant Application
U.S. Patent No. 12,366,792
18. An accessory configured for connection to an image capture device, the accessory comprising:
a housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the housing includes a collar defining a circumferential channel;
16. An accessory configured for connection to an image capture device, the accessory comprising:
a housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the housing includes a collar defining a circumferential channel;
a sealing member received by the circumferential channel and configured to form a watertight seal with the image capture device;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens supported by the housing; and
a lens assembly supported by the housing such that the lens assembly extends into the collar; and
a mounting plate connected to the housing such that the collar extends through the mounting plate, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the housing.
a mounting plate connected to the housing such that the housing extends through the mounting plate, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the housing
and defining corner sections,
wherein the mounting plate includes:
a central opening;
a first slot extending radially outward from the central opening;
a first guide member angularly offset from the first slot about the central opening, wherein the first guide member defines an arc length of approximately 90 degrees;
a second slot angularly offset from the first guide member about the central opening such that the first guide member is positioned between the first slot and the second slot;
a second guide member angularly offset from the first slot and the second slot about the central opening such that the second guide member is positioned therebetween, wherein the second guide member defines an arc length of approximately 90 degrees; and
apertures located in the corner sections that receive mechanical fasteners connecting the mounting plate to the housing, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
Instant Application
U.S. Patent No. 12,366,792
19. The accessory of claim 18, wherein the mounting plates defines corner sections including apertures receiving mechanical fasteners connecting the mounting plate to the housing.
16. An accessory configured for connection to an image capture device, the accessory comprising:
a housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the housing such that the lens assembly extends into the collar; and
a mounting plate connected to the housing such that the housing extends through the mounting plate, wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the housing and defining corner sections,
wherein the mounting plate includes:
a central opening;
a first slot extending radially outward from the central opening;
a first guide member angularly offset from the first slot about the central opening, wherein the first guide member defines an arc length of approximately 90 degrees;
a second slot angularly offset from the first guide member about the central opening such that the first guide member is positioned between the first slot and the second slot;
a second guide member angularly offset from the first slot and the second slot about the central opening such that the second guide member is positioned therebetween, wherein the second guide member defines an arc length of approximately 90 degrees; and
apertures located in the corner sections that receive mechanical fasteners connecting the mounting plate to the housing, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
20. The accessory of claim 19, wherein the mounting plate includes a central opening, and the apertures are spaced radially outward of the central opening.
16. An accessory configured for connection to an image capture device, the accessory comprising:
a housing having a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device, wherein the housing includes a collar defining a circumferential channel;
an O-ring received by the circumferential channel and configured to form a watertight seal with the image capture device;
a lens assembly supported by the housing such that the lens assembly extends into the collar; and
a mounting plate connected to the housing such that the housing extends through the mounting plate,
wherein the mounting plate has a generally polygonal configuration corresponding to that defined by the housing and defining corner sections,
wherein the mounting plate includes:
a central opening;
a first slot extending radially outward from the central opening;
a first guide member angularly offset from the first slot about the central opening, wherein the first guide member defines an arc length of approximately 90 degrees;
a second slot angularly offset from the first guide member about the central opening such that the first guide member is positioned between the first slot and the second slot;
a second guide member angularly offset from the first slot and the second slot about the central opening such that the second guide member is positioned therebetween, wherein the second guide member defines an arc length of approximately 90 degrees; and
apertures located in the corner sections that receive mechanical fasteners connecting the mounting plate to the housing, wherein the apertures are spaced radially outward of the central opening and are separated therefrom.
Claim Rejections - 35 USC § 102
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by U.S. Patent Publication No. 2013/0182179 to Page et al. (hereinafter “Page”).
Regarding claim 1, Page teaches an accessory configured for connection to an image capture device, the accessory comprising a main housing (e.g., fig. 1, element 14) including a collar defining a channel (e.g., fig. 1, element 16), a sealing member received by the channel (e.g., fig. 1, element 22) and configured to form a watertight seal with the image capture device (e.g., figs. 1 and 3, see CCD camera 32), a lens supported by the main housing (e.g., fig. 1, element 24; specific lens features are not recited), and a mounting plate connected to the main housing (e.g., fig. 1, element 28).
Regarding claim 1, Page teaches all of the limitations of claim 1 (see the 35 U.S.C. 102 rejection of claim 1, supra) including teaching wherein the channel extends circumferentially about the collar (e.g., fig. 1; the claim currently recites about the collar, not around the collar).
Regarding claim 2, Page teaches all of the limitations of claim 2 (see the 35 U.S.C. 102 rejection of claim 3, supra) including teaching wherein the lens extends into the collar (e.g., fig. 1).
Regarding claim 4, Page teaches all of the limitations of claim 4 (see the 35 U.S.C. 102 rejection of claim 1, supra) including teaching wherein the main housing includes a generally polygonal configuration facilitating proper orientation of the accessory in relation to the image capture device (e.g., fig. 1, element 14 is a generally polygonal configuration).
Regarding claim 5, Page teaches all of the limitations of claim 5 (see the 35 U.S.C. 102 rejection of claim 4, supra) including teaching wherein the mounting plate includes a generally polygonal configuration corresponding to that defined by the main housing (e.g., fig. 1, a configuration of the screw holes of element 28 is generally polygonal).
Regarding claim 6, Page teaches all of the limitations of claim 6 (see the 35 U.S.C. 102 rejection of claim 5, supra) including teaching wherein the mounting plate includes a central opening (e.g., fig. 1; central hole of element 28).
Regarding claim 7, Page teaches all of the limitations of claim 7 (see the 35 U.S.C. 102 rejection of claim 6, supra) including teaching wherein the mounting plate further include: apertures receiving mechanical fasteners such that the mechanical fasteners extend through the mounting plate and into the main housing (e.g., fig. 1, screw and screw apertures of element 28).
Regarding claim 8, Page teaches all of the limitations of claim 8 (see the 35 U.S.C. 102 rejection of claim 7, supra) including teaching wherein the apertures are spaced radially outward of the central opening and are separated therefrom (e.g., fig. 1, screw apertures of element 28).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication No. 2019/0320101 to Lincoln et al. teaches a similar lens accessory with a bayonet attachment.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY C VIEAUX/Primary Examiner, Art Unit 2638
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