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 .
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.
Claims 1-2, 5-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Oneyama (JP 2013029558; already of record) in view of Crispin (US 2020/0019042; already of record).
Regarding claim 1, Oneyama discloses, a method of using an attachment system for coupling a smartphone, the method comprising:
securing a first member (2) of an attachment system (23, 25) to a smartphone case (Para. 0021-0024 and Figs.4 and 7-9) in a location adjacent a camera lens of a smartphone when the smartphone case is coupled to the smartphone, the first member comprising a first aperture (see 22) extending through the first member, wherein the first member comprises magnetically attractive members secured adjacent and equally spaced around the first aperture (see 2, 23, 25);
releasably securing a second member (12, 13, 14, 15) of the attachment system to an eyepiece (12), the second member comprising a cylindrical shape (see 12, 13, 14, 15) and a second aperture extending through the cylindrical shape of the second member (Para. 0021-0024), wherein the second member comprises magnetically attractive members equally spaced around the second aperture (see 12, 13, 14, 15);
releasably securing (15, 25) the first member to the second member in an axial direction in reference to the first aperture of the first member and the second aperture of the second member (Para. 0021) and maintaining direct contact between the first member and the second member with a magnetic force between the magnetically attractive members of the first member and the magnetically attractive members of the second member (see 2, 12, 13, 14, 15, 23, 25); and
in response to securing the first member to the second member, providing a line-of-sight between the camera lens of the smartphone and the lenses (Para. 0002), the line-of-sight extending through the first aperture of the first member and the second aperture of the second member of the attachment system (Para. 0002 and Figs. 1-9).
Oneyama does not explicitly disclose the attachment system is for coupling a smartphone to a spotting scope, coupling a first member of an attachment system to a camera smartphone in a location adjacent a camera lens of the smartphone, coupling a second member of the attachment system to an eyepiece of the spotting scope, and releasably and magnetically coupling the first member to the second member, wherein the magnetically attractive members of the first and second members are circumferentially arranged and axially aligned with each other about the first and second apertures, the first member comprising a first aperture extending through the first member and at least one recess adjacent the first aperture, the second member comprising a second aperture extending through the cylindrical shape of the second member and at least one protrusion adjacent the second aperture, and the at least one protrusion of the second member is axially received within the at least one recess of the first member.
Crispin teaches, from the same field of endeavor that in a method of using an attachment system for coupling a smartphone (Figs. 1-15) that it would have been desirable to make the attachment system (200) is for coupling a smartphone (Para. 0028 and see 10, 12) to a spotting scope (26, 226), coupling a first member (214, 236, 240) of an attachment system to a camera smartphone (Para. 0039) in a location adjacent a camera lens of the smartphone (see 218), coupling a second member (220) of the attachment system to an eyepiece (228) of the spotting scope, and releasably and magnetically coupling (see 234, 240 and associated text) the first member to the second member (Para. 0039-0040), wherein the magnetically attractive members of the first and second members are circumferentially arranged and axially aligned with each other about the first and second apertures (see 234, 240 of Fig. 9), the first member (220) comprising a first aperture (see annotated Fig. 9 below) extending through the first member and at least one recess (232) adjacent the first aperture, the second member (200, 214) comprising a second aperture (see annotated Fig. 9 below) extending through the cylindrical shape (228) of the second member and at least one protrusion adjacent the second aperture (see annotated Fig. 9 below), and the at least one protrusion of the second member is axially received within the at least one recess of the first member (Para. 0039-0040; note, Crispin discloses the protrusions of first member 220 axially interlock and mate with the recesses 236 of the second member, and protrusions of second member 214 axially interlock and mate with recesses 232 of first member 220 to prevent rotation of the first member 220 and the second member 214 with respect to each other).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the attachment system is for coupling a smartphone to a spotting scope, coupling a first member of an attachment system to a camera smartphone in a location adjacent a camera lens of the smartphone, coupling a second member of the attachment system to an eyepiece of the spotting scope, releasably and magnetically coupling the first member to the second member, the first member comprising a first aperture extending through the first member and at least one recess adjacent the first aperture, the second member comprising a second aperture extending through the cylindrical shape of the second member and at least one protrusion adjacent the second aperture, and the at least one protrusion of the second member is axially received within the at least one recess of the first member as taught by the method of using an attachment system for coupling a smartphone of Crispin in the method of using an attachment system for coupling a smartphone of Oneyama since Crispin teaches it is known to include these features in a method of using an attachment system for coupling a smartphone for the purpose of providing an inexpensive attachment system that securely and effectively attaches and couples a spotting scope to a smartphone.
Regarding claim 2, Oneyama in view of Crispin discloses and teaches as set forth above, and Oneyama further discloses, the first member comprises: a first cylindrical shaped base (23); a first plurality of protrusions (25) extending from a rear side of the cylindrical shaped base and extending parallel to an axis of the first cylindrical shaped base, the plurality of protrusions equally spaced apart along the circumference of the cylindrical shaped base forming radial first channels between the first plurality of protrusions (Para. 0021-0024 and see 25); a front side of the first cylindrical shaped base configured to couple to the smartphone (Para. 0021-0024 and see Figs. 4 and 7-9); and the first aperture (see 22) extending through the first member; and the second member comprises: a second cylindrical shaped base (12, 13); a second plurality of protrusions (14) extending from a front side of the second cylindrical shaped base and extending parallel to an axis of the second cylindrical shaped base (Para. 0021-0024 and see Figs. 4 and 7-9), the plurality of protrusions equally spaced apart along the circumference of the second cylindrical shaped base forming radial second channels between the second plurality of protrusions (Para. 0021-0024 and see Figs. 4 and 7-9); a rear side of the second cylindrical shaped base configured to couple adjacent a lens of the spotting scope (Para. 0021); and the second aperture (see 22) extending through the second member, wherein coupling of the first member (Para. 0021-0024 and see Figs. 4 and 7-9) with the second member aligns axes of the first member and the second member such that the first aperture and the second aperture are aligned providing the line-of-sight between the camera of the smartphone with the lens of the spotting scope (Para. 0021-0024 and see Figs. 4 and 7-9).
Regarding claim 5, Oneyama discloses, an attachment system for coupling a smartphone (Figs. 1-9), the attachment system comprising:
an attachment device (23, 25) comprising a first member (2) and a second member (12, 13, 14, 15), wherein:
the first member comprising a first aperture (see 22) extending through the first member, the first member secured to a smartphone case in a location adjacent a camera lens of a smartphone when the smartphone case is coupled to the smartphone (Para. 0021-0024 and see Figs. 4 and 7-9);
magnetically attractive members secured adjacent and equally spaced around the first aperture (2, 23, 25);
the second member comprising a cylindrical shape and a second aperture (see 22) extending through the cylindrical shape of the second member, wherein the second member comprises magnetically attractive members equally spaced around the second aperture (see 12, 13, 14, 15), the second member coupled around an eyepiece (12); and
the first member is releasably secured coupled (15, 25) to the second member (Para. 0021) in an axial direction in reference to the first aperture of the first member and the second aperture of the second member and maintaining contact between the first member and the second member with a magnetic force between the magnetically attractive members (see 2, 12, 13, 14, 15, 23, 25) of the second member to align axes of the first aperture and the second aperture (Para. 0021-0024 and see Figs. 4 and 7-9) such that the first aperture and the second aperture are aligned providing line-of-sight (Para. 0002) between the camera lens of the smartphone and the lenses (Para. 0021-0024 and see Figs. 4 and 7-9), the line-of-sight extending through the first member and the second member of the attachment system (Para. 0002 and see Figs. 1-9).
Oneyama does not explicitly disclose the attachment system is for coupling a smartphone to a spotting scope, coupling a first member of an attachment system to a camera smartphone in a location adjacent a camera lens of the smartphone, coupling a second member of the attachment system to an eyepiece of the spotting scope, and releasably and magnetically coupling the first member to the second member, wherein the magnetically attractive members of the first and second members are circumferentially arranged and axially aligned with each other about the first and second apertures, the first member comprising a first aperture extending through the first member and at least one recess adjacent the first aperture, the second member comprising a second aperture extending through the cylindrical shape of the second member and at least one protrusion adjacent the second aperture, and the at least one protrusion of the second member is axially received within the at least one recess of the first member.
Crispin teaches, from the same field of endeavor that in an attachment system for coupling a smartphone (Figs. 1-15) that it would have been desirable to make the attachment system (200) is for coupling a smartphone (Para. 0028 and see 10, 12) to a spotting scope (26, 226), coupling a first member (214, 236, 240) of an attachment system to a camera smartphone (Para. 0039) in a location adjacent a camera lens of the smartphone (see 218), coupling a second member (220) of the attachment system to an eyepiece (228) of the spotting scope, and releasably and magnetically coupling (see 234, 240 and associated text) the first member to the second member (Para. 0039-0040), wherein the magnetically attractive members of the first and second members are circumferentially arranged and axially aligned with each other about the first and second apertures (see 234, 240 of Fig. 9), the first member (220) comprising a first aperture (see annotated Fig. 9 below) extending through the first member and at least one recess (232) adjacent the first aperture, the second member (200, 214) comprising a second aperture (see annotated Fig. 9 below) extending through the cylindrical shape (228) of the second member and at least one protrusion adjacent the second aperture (see annotated Fig. 9 below), and the at least one protrusion of the second member is axially received within the at least one recess of the first member (Para. 0039-0040; note, Crispin discloses the protrusions of first member 220 axially interlock and mate with the recesses 236 of the second member, and protrusions of second member 214 axially interlock and mate with recesses 232 of first member 220 to prevent rotation of the first member 220 and the second member 214 with respect to each other).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the attachment system is for coupling a smartphone to a spotting scope, coupling a first member of an attachment system to a camera smartphone in a location adjacent a camera lens of the smartphone, coupling a second member of the attachment system to an eyepiece of the spotting scope, and releasably and magnetically coupling the first member to the second member, the first member comprising a first aperture extending through the first member and at least one recess adjacent the first aperture, the second member comprising a second aperture extending through the cylindrical shape of the second member and at least one protrusion adjacent the second aperture, and the at least one protrusion of the second member is axially received within the at least one recess of the first member as taught by the attachment system for coupling a smartphone of Crispin in the attachment system for coupling a smartphone of Oneyama since Crispin teaches it is known to include these features in an attachment system for coupling a smartphone for the purpose of providing an inexpensive attachment system that securely and effectively attaches and couples a spotting scope to a smartphone.
Regarding claim 6, Oneyama in view of Crispin discloses and teaches as set forth above, and Oneyama further discloses, a mounting device (13, 23) coupled to the smartphone case (Para. 0033 and see 1 of Figs. 1-2).
Regarding claim 7, Oneyama in view of Crispin discloses and teaches as set forth above, and Oneyama further discloses, first member is releasably coupled (Para. 0021 and see 15, 25) to the mounting device.
Regarding claim 8, Oneyama in view of Crispin discloses and teaches as set forth above, and Oneyama further discloses, the first member comprises: a first cylindrical shaped base (23); a first plurality of protrusions (25) extending from a rear side of the cylindrical shaped base and extending parallel to an axis of the first cylindrical shaped base, the plurality of protrusions equally spaced apart along the circumference of the cylindrical shaped base forming radial first channels between the first plurality of protrusions (Para. 0021-0024 and see 25); a front side of the first cylindrical shaped base configured to couple to the camera (Para. 0021-0024 and see Figs. 4 and 7-9); and the first aperture (see 22) extending through the first member; and the second member comprises: a second cylindrical shaped base (12, 13); a second plurality of protrusions (14) extending from a front side of the second cylindrical shaped base and extending parallel to an axis of the second cylindrical shaped base (Para. 0021-0024 and see Figs. 4 and 7-9), the plurality of protrusions equally spaced apart along the circumference of the second cylindrical shaped base forming radial second channels between the second plurality of protrusions (Para. 0021-0024 and see Figs. 4 and 7-9); a rear side of the second cylindrical shaped base configured to couple adjacent a lens of the spotting scope or binoculars (Para. 0021); and the second aperture (see 22) extending through the second member, wherein coupling of the first member (Para. 0021-0024 and see Figs. 4 and 7-9) with the second member aligns axes of the first member and the second member such that the first aperture and the second aperture are aligned providing the line-of-sight between the camera of the smartphone with the lens of the spotting scope or binoculars (Para. 0021-0024 and see Figs. 4 and 7-9).
Regarding claim 11, Oneyama discloses, a method of using an attachment system for coupling a smartphone, the method comprising:
securing a first member (2) of an attachment system (23, 25) to a smartphone case (Para. 0021-0024 and Figs.4 and 7-9) in a location adjacent a camera lens of a smartphone when the smartphone case is coupled to the smartphone, the first member comprising a first aperture (see 22) extending through the first member, wherein the first member comprises magnetically attractive members secured adjacent and equally spaced around the first aperture (see 2, 23, 25);
releasably securing a second member (12, 13, 14, 15) of the attachment system around an eyepiece (12), the second member comprising a cylindrical shape (see 12, 13, 14, 15) and a second aperture extending through the cylindrical shape of the second member (Para. 0021-0024), wherein the cylindrical shape second member comprises magnetically attractive members equally spaced around the second aperture (see 12, 13, 14, 15);
releasably securing (15, 25) the first member to the second member in an axial direction in reference to the first aperture of the first member and the second aperture of the second member (Para. 0021) and maintaining direct contact between the first member and the second member with a magnetic force between the magnetically attractive members of the first member and the magnetically attractive members of the second member (see 2, 12, 13, 14, 15, 23, 25); and
in response to securing the first member to the second member, providing a line-of-sight between the camera lens of the smartphone and the lenses (Para. 0002), the line-of-sight extending through the first aperture of the first member and the second aperture of the second member of the attachment system (Para. 0002 and Figs. 1-9).
Oneyama does not explicitly disclose the attachment system is for coupling a smartphone to a spotting scope, coupling a first member of an attachment system to a camera smartphone in a location adjacent a camera lens of the smartphone, coupling a second member of the attachment system to an eyepiece of the spotting scope, and releasably and magnetically coupling the first member to the second member, wherein the magnetically attractive members of the first and second members are circumferentially arranged and axially aligned with each other about the first and second apertures, the first member comprising a first aperture extending through the first member and at least one recess adjacent the first aperture, the second member comprising a second aperture extending through the cylindrical shape of the second member and at least one protrusion adjacent the second aperture, and the at least one protrusion of the second member is axially received within the at least one recess of the first member.
Crispin teaches, from the same field of endeavor that in a method of using an attachment system for coupling a smartphone (Figs. 1-15) that it would have been desirable to make the attachment system (200) is for coupling a smartphone (Para. 0028 and see 10, 12) to a spotting scope (26, 226), coupling a first member (214, 236, 240) of an attachment system to a camera smartphone (Para. 0039) in a location adjacent a camera lens of the smartphone (see 218), coupling a second member (220) of the attachment system to an eyepiece (228) of the spotting scope, and releasably and magnetically coupling (see 234, 240 and associated text) the first member to the second member (Para. 0039-0040), wherein the magnetically attractive members of the first and second members are circumferentially arranged and axially aligned with each other about the first and second apertures (see 234, 240 of Fig. 9), the first member (220) comprising a first aperture (see annotated Fig. 9 below) extending through the first member and at least one recess (232) adjacent the first aperture, the second member (200, 214) comprising a second aperture (see annotated Fig. 9 below) extending through the cylindrical shape (228) of the second member and at least one protrusion adjacent the second aperture (see annotated Fig. 9 below), and the at least one protrusion of the second member is axially received within the at least one recess of the first member (Para. 0039-0040; note, Crispin discloses the protrusions of first member 220 axially interlock and mate with the recesses 236 of the second member, and protrusions of second member 214 axially interlock and mate with recesses 232 of first member 220 to prevent rotation of the first member 220 and the second member 214 with respect to each other).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the attachment system is for coupling a smartphone to a spotting scope, coupling a first member of an attachment system to a camera smartphone in a location adjacent a camera lens of the smartphone, coupling a second member of the attachment system to an eyepiece of the spotting scope, and releasably and magnetically coupling the first member to the second member, the first member comprising a first aperture extending through the first member and at least one recess adjacent the first aperture, the second member comprising a second aperture extending through the cylindrical shape of the second member and at least one protrusion adjacent the second aperture, and the at least one protrusion of the second member is axially received within the at least one recess of the first member as taught by the method of using an attachment system for coupling a smartphone of Crispin in the method of using an attachment system for coupling a smartphone of Oneyama since Crispin teaches it is known to include these features in a method of using an attachment system for coupling a smartphone for the purpose of providing an inexpensive attachment system that securely and effectively attaches and couples a spotting scope to a smartphone.
Response to Arguments
Applicant's arguments filed 04/14/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments that Oneyama in view of Crispin does not disclose the first member comprises "at least one recess adjacent the first aperture," the second member comprises "at least one protrusion adjacent the second aperture," and "the at least one protrusion of the second member is axially received within the at least one recess of the first member." The Examiner points out that Crispin discloses the first member (220) comprising a first aperture (see annotated Fig. 9 above) extending through the first member and at least one recess (232) adjacent the first aperture, the second member (200, 214) comprising a second aperture (see annotated Fig. 9 above) extending through the cylindrical shape (228) of the second member and at least one protrusion adjacent the second aperture (see annotated Fig. 9 above), and the at least one protrusion of the second member is axially received within the at least one recess of the first member (Para. 0039-0040; note, Crispin discloses the protrusions of first member 220 axially interlock and mate with the recesses 236 of the second member, and protrusions of second member 214 axially interlock and mate with recesses 232 of first member 220 to prevent rotation of the first member 220 and the second member 214 with respect to each other).
In response to applicant’s arguments that Crispin discloses recesses on both members (not protrusions on one engaging recesses on the other), and these recesses function to prevent rotation rather than to mechanically engage and secure the members together through axial reception of a protrusion within a recess. The Examiner points out that Para. 0039-0040 of Crispin discloses the protrusions of first member 220 axially interlock and mate with the recesses 236 of the second member, and protrusions of second member 214 axially interlock and mate with recesses 232 of first member 220 to prevent rotation of the first member 220 and the second member 214 with respect to each other. Therefore, the Examiner interprets that Crispin discloses the first and second members include protrusions on one engaging recesses on the other and these recesses function to mechanically engage and secure the members together through axial reception of a protrusion within a recess.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the Examiner points out that it would have been obvious to combine the teachings of the method of using an attachment system for coupling a smartphone to a spotting scope of Crispin in the method of using an attachment system for coupling a smartphone to a spotting scope of Oneyama since Crispin teaches it is known to include these features in a method of using an attachment system for coupling a smartphone for the purpose of providing an inexpensive attachment system that securely and effectively attaches and couples a spotting scope to a smartphone.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 06/27/2026
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