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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 2/19/2026 has been entered.
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 13 (and corresponding dependent claims) 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.
Claim 13 recites the limitation "the hole in the adjusting ring" in lines 8 and 9. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination, it was presumed applicant intended to disclose --the at least one hole--. The dependent claims inherit the rejection from their parent claim.
Furthermore, applicant discloses in line 14, wherein “each of the plurality of holes contains a compressible material.” However, it is unclear if the plurality of holes is referring to the viewing optic body or the adjusting ring, thereby rendering the claim vague and indefinite. For purpose of examination, it was presumed applicant intended to disclose --each of the plurality of holes of the optic body contains a compressible material.--. The dependent claims inherit the rejection from their parent claim.
Allowable Subject Matter
Claims 13-19 would be allowable if rewritten or amended 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, taking into account the presumptions made in the examination of the claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach a combination of all the claimed features as presented in claims 13-19: a method of retaining an adjusting ring on a viewing optic as claimed, specifically comprising: rotating the adjusting ring about the body until at least one hole in the adjusting ring aligns with at least one hole of the body; pushing a compressible material through the at least one hole in the adjusting ring; pushing a ball bearing through the at least one hole and into the adjusting ring; rotating the adjusting ring about the body while compressing the compressible material using the ball bearing; and repeating the pushing a compressible material, pushing a ball bearing, and rotating the adjusting ring about the body while compressing the compressible material using the ball bearing until each of the plurality of holes of the of the optic body contains a compressible material and a ball bearing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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/WILLIAM CHOI/Primary Examiner, Art Unit 2872 March 11, 2026