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 Objections
Claim 12 is objected to because of the following informalities:
Claim 12, line 2 – “the sheathing component” is presumed to be intended as “the sheathing subcomponent” for consistency.
Appropriate correction is required.
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 1-3 and 5-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamanouchi (US 2005/0237613) in view of Fan et al. (US 2020/0127245), each of record.
Regarding claim 1, Yamanouchi discloses a portable optical observation device (Figs. 1-6), comprising:
an optical group (3, 6) having a plurality of optical elements arranged along an optical axis (1);
a housing (11, 19) which surrounds the optical group (3, 6) at least radially around the optical axis (1) and which includes a partial housing body (e.g., 19);
at least one electronic assembly (4) arranged in the housing (11, 19); and
at least one battery cell (18) shaped against the housing (11, 19) (Figs. 1-6),
wherein the at least one battery cell is configured to be at least moisture resistant (paras. [0024, 0036]) and to supply the at least one electronic assembly (4) with power (para. [0041]).
Yamanouchi fails to explicitly disclose the at least one battery cell being planar, and shaped against the housing such that the at least one planar battery cell nestles against an external contour of the partial housing body, and wherein the at least one planar battery cell is arranged on an outside of the housing.
However, Fan discloses a portable optical observation device (Fig. 1), comprising at least one planar battery cell (10) shaped against the housing such that the at least one planar battery cell nestles against an external contour of the partial housing body (e.g., watch strap or head fastening band), and wherein the at least one planar battery cell is arranged on an outside of the housing (Figs. 1-9; paras. [0035, 0058]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the at least one battery cell being planar, and shaped against the housing such that the at least one planar battery cell nestles against an external contour of the partial housing body, and wherein the at least one planar battery cell is arranged on an outside of the housing, as in Fan, into the device of Yamanouchi to occupy minimal space and provide flexibility, and for convenient replacement of a battery cell.
Regarding claim 2, Yamanouchi fails to explicitly disclose wherein the at least one planar battery cell is flexible.
However, Fan discloses wherein the at least one planar battery cell (10) is flexible (para. [0037]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the at least one planar battery cell is flexible, as in Fan, into the device of Yamanouchi to incorporate on flexible applications.
Regarding claim 3, Yamanouchi discloses wherein the at least one planar battery cell (18) is washable (para. [0036]).
Regarding claim 5, Yamanouchi discloses further comprising a sheathing (e.g., 19 or 20) arranged on the housing (11), wherein the at least one planar battery cell (18) is covered by the sheathing (19 or 20) (Figs. 1-6).
Regarding claim 6, Yamanouchi discloses wherein the housing (11) has a battery compartment (19), and
wherein the at least one planar battery cell (18) is arranged in the battery compartment (19) (Figs. 1-6).
Yamanouchi fails to explicitly disclose the battery compartment being flat and planar, and radially introduced into the outside of the housing.
However, Fan discloses a flat and planar battery compartment (Figs. 4, 5, 7-9) radially introduced into the outside of the housing (Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the battery compartment being flat and planar, and radially introduced into the outside of the housing, as in Fan, into the device of Yamanouchi to adapt to requirements in different wearing scenarios (Fan, para. [0043]).
Regarding claim 7, Yamanouchi discloses wherein the housing (11) has a housing subcomponent (e.g., 19 or 20), and
wherein the at least one planar battery cell (18) is covered by the housing subcomponent (Figs. 1-6).
Regarding claim 8, Yamanouchi discloses wherein the sheathing (e.g., 19) has a sheathing subcomponent (e.g., 20), and
wherein the at least one planar battery cell (18) is covered by the sheathing subcomponent (Figs. 1-6).
Regarding claims 9 and 10, Yamanouchi discloses wherein the housing subcomponent (19, 20) and the sheathing subcomponent (20) are formed with a rapid manufacturing method (paras. [0035-0036]), and
wherein the rapid manufacturing method is selected from the group consisting of laser beam melting, laser beam sintering, laser beam build-up welding, electron beam melting, stereolithography, digital light processing, multi-jet modeling, fused deposition modeling, binder jetting, and cold spray.
Regarding the product-by-process limitations of the subcomponents formed with a rapid manufacturing method, it has been recognized that “even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” See MPEP 2113.
Regarding claim 11, Yamanouchi discloses wherein the housing subcomponent (19, 20) is held at the housing (11) such that the housing subcomponent is reversibly openable and closable (para. [0036]).
Regarding claim 12, Yamanouchi discloses wherein the sheathing subcomponent (20) is held at the sheathing (19) such that the sheathing component is reversibly openable and closable (paras. [0036-0037]).
Regarding claim 13, Yamanouchi discloses further comprising at least two of the battery cells (18) for a redundant power supply of the electronic assembly (4) (Figs. 1-6; para. [0041]).
Regarding claim 14, Yamanouchi discloses wherein the portable optical observation device is embodied as binoculars (Figs. 1-6; para. [0024]).
Regarding claim 15, Yamanouchi discloses wherein the electronic assembly (4) is an image stabilizer (para. [0025]).
Response to Arguments
Applicant’s arguments filed November 11, 2025 have been fully considered but they are not persuasive. Applicant has argued that Yamanouchi in view of Fan fails to disclose the device of claim 1. Specifically, Applicant has argued that Fan does not disclose that the flexible batteries are shaped against the housings of the devices (Remarks, pp. 9-10). However, Fan discloses a flexible battery (10, Fig. 2) that is either directly used as, or built in, a wearable-device accessory (para. [0058]), which is considered as the partial housing body as recited in the claim. The flexible battery of Fan thus nestles against an external contour of the partial housing body.
Therefore, the previous ground of rejection under 35 U.S.C. 103 over Yamanouchi in view of Fan has been maintained and modified as necessary due to the amendments to the claims.
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 PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871