DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 4/28/2023. It is noted, however, that applicant has not filed a certified copy of the CN 202310482917.9 application as required by 37 CFR 1.55.
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 1-20 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, cited term of “so that a laser light path for range finding is separated from an observing light path of the first lens body and the second lens body” (line 10-11) is vague and renders the claims indefinite. Claim appears that the first lens body and the second lens body share an same observing light path, which is not taught in instant specification disclosure. Instant specification disclosure teaches each of the first lens body and the second lens body has an observing light path respectively; there are two observing light paths (see fig. 7, two 300s).
Further, cited term of “the laser light path is independently provided in front of the observing light paths.” (line 12-13) is also vague and renders the claims indefinite. According to instant specification disclosure (see fig. 7, light paths with arrows), light paths of laser light and first/second lens bodies seems endless; no limitation terms cited on lengths of the light paths. So the term of “the laser light path is independently provided in front of the observing light paths” becomes undefined.
Claims 2-20 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Regarding claim 2, cited term of “a first dichroic mirror for reflecting laser light…” (line 6) is vague and renders the claims indefinite. Claim 2 cites “laser beams”, “transmitted laser beams” and “reflected laser beams” (line 3-5). It is unclear that the “laser light” in line 6 refers to which portion of the laser beams.
Claims 3-11 are rejected as containing the deficiencies of claim 2 through their dependency from claim 2.
Regarding claim 3, cited term of “the target” (line 3) is indefinite and lacks antecedent. Claim 3 depends on claim 2 then claim 1, but none of the claims specifies “a target”.
Claims 4-11 are rejected as containing the deficiencies of claim 3 through their dependency from claim 3.
Regarding claim 12, cited term of “a laser transmitting lens for converging the reflected laser beams” (line 4) is indefinite and lacks antecedent. Claim 12 depends on claim 1, but none of the claims specifies “a reflected laser beams”, or any optical elements that reflect laser lights.
Claims 13-19 are rejected as containing the deficiencies of claim 12 through their dependency from claim 12.
Regarding claims 13 has the same undefined issue as that of claim 3 in line 3.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerth et al (US 20080204702).
Regarding Claim 1, Gerth teaches a binocular telescope (abstract; figs. 1-6; and ¶[0026], line 1-5, in the form of a telescope), comprising:
a main housing (fig. 1, 2, 3, 5),
a first lens body and a second lens body which are rotatably mounted in the main housing (figs. 1-3, 2s, 3s, 4s, 5, 6--mid-axis of the folding bridge 5), and
a laser ranging component accommodated in the main housing (fig. 1, 7s),
the laser ranging component comprising a base mounted in the main housing (figs. 1-3, 7, 8, 9),
a laser transmitting module (fig. 1, 8) and a laser receiving module (fig. 1, 9) which are mounted in the base (figs. 1-3, 7, 8, 9),
the laser ranging component being provided in front of the first lens body and the second lens body (fig. 4, 8’, 9’, -- 8’ and 9’ are in front of 2’s and portions of 3’s), so that a laser light path for range finding is separated from an observing light path of the first lens body and the second lens body (fig. 4, 4’s--observation beam paths, 8a’--transmitting laser beam), and the laser light path is independently provided in front of the observing light path (fig. 4, 4’s, 8a’).
Claim Rejections - 35 USC § 103
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 of this title, 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 2-3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gerth et al (US 20080204702) in a view of Nagata et al (US 20040046953).
Regarding Claim 2, Gerth discloses as set forth above and further teaches that the binocular telescope according to claim 1, wherein the laser transmitting module comprises
a laser emitter for transmitting laser beams (fig. 4, 8’),
a laser transmitting lens for converging the reflected laser beams (fig. 4, 8b’).
But Gerth does not specifically disclose that wherein a first laser mirror for reflecting the transmitted laser beams, and a first dichroic mirror for reflecting laser light and allowing natural light to pass therethrough.
However, Nagata teaches a laser range finder (abstract; figs. 1-2), wherein
a laser emitter for transmitting laser beams (fig. 8, 28),
a first laser mirror for reflecting the transmitted laser beams (fig. 8, 114A),
a laser transmitting lens for converging the reflected laser beams (fig. 8, 12A), and
a first dichroic mirror for reflecting laser light and allowing natural light to pass therethrough (fig. 8, 112A).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the binocular telescope of Gerth by the laser range finder of Nagata for the purpose to provide a laser range finder that can observe a faraway target and measure a distance with high accuracy (¶[0008], line 1-4).
Regarding Claim 3, Gerth - Nagata combination teaches that the binocular telescope according to claim 2, wherein the laser receiving module comprises
a second dichroic mirror for reflecting the laser beams turned back from the target and allowing natural light to pass therethrough (fig. 8, 112B, as disclosed in Nagata),
a laser receiving lens for converging the reflected laser beams (fig. 4, 9b’, as disclosed in Gerth; fig. 4, 36, as disclosed in Nagata),
a second laser mirror for reflecting the converged laser beams (fig. 4, 114B, as disclosed in Nagata), and
a laser receiver for receiving the laser beams reflected by the second laser mirror (fig. 4, 9’, as disclosed in Gerth; fig. 4, 34, as disclosed in Nagata).
Regarding Claim 20, Gerth – Nagata combination teaches binocular telescope according to claim 1, wherein the first lens body is configured with a data display screen (figs. 7-8, 20; ¶[0034], line 1-8, for displaying an image of a display device or a display 20 to the user in the observation beam path 4, 4', 4", 4"' of the observation apparatus 1, 1', 1", 1"', as disclosed in Gerth), and
the second lens body is configured with a transparent LCD screen (fig. 8, 80, ¶[0055], line 8-11, a control signal is output to an LCD drive circuit 78 based on a calculation result to display a distance measurement result on an LCD panel 80, as disclosed in Nagata).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Gerth et al (US 20080204702) in a view of Nagata et al (US 20040046953), and further in a view of Grigorevich et al (RU 2443976, English translation attached).
Regarding Claim 4, Gerth - Nagata combination teaches the binocular telescope according to claim 2, and further teaches wherein a construction of the first lens body is the same as a construction of the second lens body (fig. 1, 2s, 3s; --two first lens body, as disclosed in Gerth),
the first lens body comprises a first lens tube (fig. 1, 2, 3, as disclosed in Gerth),
a mounting base installed inside the first lens tube (fig. 1, 2, 3; fig. 2’, 3’, as disclosed in Gerth),
a first objective lens group and a first eyepiece group which are movably installed in the mounting base (figs. 1-3, 2s, 3s, 4s, 5, 6--mid-axis of the folding bridge 5, as disclosed in Gerth), and
a first prism group (fig. 7, 22, as disclosed in Gerth),
a data display screen is mounted on a specific focal point of the first eyepiece group of the first lens body (figs. 7-8, 20; ¶[0034], line 1-8, for displaying an image of a display device or a display 20 to the user in the observation beam path 4, 4', 4", 4"' of the observation apparatus 1, 1', 1", 1"', as disclosed in Gerth).
But Gerth - Nagata combination does not specifically disclose that wherein a first natural light mirror, and a third dichroic mirror which are fixed in the mounting base.
However, Grigorevich teaches a binocular sighting device (abstract; fig. 1), wherein the first lens body comprises (fig. 1, 1b, 2b, 7b, 8b, 3b),
a first prism group (fig. 1, 2b),
a first natural light mirror (fig. 1, 7b), and
a third dichroic mirror which are fixed in the mounting base (fig. 1, 8b),
a data display screen is mounted on a specific focal point of the first eyepiece group of the first lens body (fig. 1, 10; ¶[0016], line 11-13, an image of the display 10 is projected into the focal plane of the eyepiece 3b through the inclined mirror 8b, which is transparent to the radiation of the display 10), so that a ranging center and a ranging data can be displayed in user's eyes together with an observation image (¶[0017], line 1-14, the measurement result is displayed on display 10, visible in the left eyepiece 3b).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the binocular telescope of Gerth - Nagata combination by the binocular sighting device of Grigorevich for the purpose to reduce the dimensions of the laser rangefinder binoculars while maximizing the light transmission of its optical channels (¶[0007], line 1-2).
Regarding Claim 5, Gerth – Nagata - Grigorevich combination teaches the binocular telescope according to claim 4, wherein the first dichroic mirror, the first objective lens, the first prism group, and the first natural light mirror are arranged on a first axis (fig. 8, 112A, 12A, 16A, as disclosed in Nagata; fig. 1, 1b, 2b, 7b, as disclosed in Grigorevich),
the data display screen, the third dichroic mirror, and the first eyepiece group are arranged on a second axis (fig. 1, 10, 8b, 3b, as disclosed in Grigorevich), and
the first axis is parallel to the second axis (fig. 1, 1b-2b-7b and 10-8b-3b, as disclosed in Grigorevich).
Regarding Claim 6, Gerth – Nagata - Grigorevich combination teaches the binocular telescope according to claim 4, wherein the first natural light mirror and the third dichroic mirror are opposite each other (fig. 1, 7b, 8b, as disclosed in Grigorevich).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gerth et al (US 20080204702) in a view of Nagata et al (US 20040046953) and Grigorevich et al (RU 2443976, English translation attached), and further in a view of Chen (CN 211085202, English translation attached).
Regarding Claim 7, Gerth – Nagata - Grigorevich combination discloses as set forth above but does not specifically disclose that the binocular telescope according to claim 4, wherein a movement of the first objective lens group is carried out through a focal length adjusting component mounted on a rear housing of the main housing.
However, Chen teaches a laser ranging binocular telescope (abstract; figs. 1-3), wherein a movement of the first objective lens group is carried out through a focal length adjusting component mounted on a rear housing of the main housing (figs. 1-3; ¶[0045], line 1-14, the central axis focusing hand wheel 303 will drive the first focusing rod to adjust the position of the first objective lens focusing lens 104, thereby adjusting the focal length of the first objective lens group 105. At the same time, the central axis focusing hand wheel 303 drives the second focusing rod to adjust the position of the second objective lens focusing lens 204, thereby adjusting the focal length of the second objective lens group 205).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the binocular telescope of Gerth – Nagata - Grigorevich combination by the laser ranging binocular telescope of Chen for the purpose of providing of a laser ranging binoculars which is easy to produce, easier to assemble and focus, have good workability, high pass rate and low cost (¶[0021], line 7-9).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gerth et al (US 20080204702) in a view of Yoshimoto (US 20220162112).
Regarding Claim 12, Gerth discloses as set forth above and further teaches that binocular telescope according to claim 1, wherein the laser transmitting module comprises
a laser emitter for transmitting laser beams (fig. 4, 8’),
a laser transmitting lens for converging the reflected laser beams (fig. 4, 8b’).
But Gerth does not specifically disclose that wherein a first dichroic mirror for reflecting natural light and allowing laser light to pass therethrough.
However, Yoshimoto teaches an optical system for telescope and binocular (abstract; fig. 1 and ¶[0045], line 1-16, a telescope, a binocular, a laser range finder ), wherein a laser emitter for transmitting laser beams (fig. 1, 101),
a laser transmitting lens for converging the reflected laser beams (fig. 1, 103; ¶[0050], line 1-14, A beam adjustment unit 103; a function of adjusting convergence and divergence angles of the ultrashort pulse light), and
a first dichroic mirror for reflecting natural light and allowing laser light to pass therethrough (fig. 1, 105--dichroic mirror, transmitting light from 101 laser, reflecting observation fluorescence light from sample S to fluorescence detection unit 107).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the binocular telescope of Gerth by the optical system of Yoshimoto for the purpose of an optical system of a higher resolution, lighter weight, a smaller size (¶[0066], line 1-7).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Gerth et al (US 20080204702) in a view of Yoshimoto (US 20220162112), and further in a view of Grigorevich et al (RU 2443976, English translation attached).
Regarding Claim 13, Gerth – Yoshimoto combination discloses as set forth above but does not specifically disclose that the binocular telescope according to claim 12, wherein the laser receiving module comprises a second dichroic mirror for allowing the laser beams turned back from the target to pass therethrough and reflecting natural light, a laser receiving lens for converging the transmitted laser beams, and a laser receiver for receiving the converged laser beams.
However, Grigorevich teaches a binocular sighting device (abstract; fig. 1), wherein the laser receiving module comprises
a second dichroic mirror for allowing the laser beams turned back from the target to pass therethrough and reflecting natural light (fig. 1, 7a),
a laser receiving lens for converging the transmitted laser beams (fig. 1, 13, 14), and
a laser receiver for receiving the converged laser beams (fig. 1, 6).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the binocular telescope of Gerth - Yoshimoto combination by the binocular sighting device of Grigorevich for the purpose to reduce the dimensions of the laser rangefinder binoculars while maximizing the light transmission of its optical channels (¶[0007], line 1-2).
Regarding Claim 14, Gerth – Yoshimoto - Grigorevich combination teaches that the binocular telescope according to claim 12, wherein a construction of the first lens body is the same as a construction of the second lens body (fig. 1, 2s, 3s; --two first lens body, as disclosed in Gerth),
the first lens body comprises a first lens tube (fig. 1, 2, 3, as disclosed in Gerth),
a mounting base installed inside the first lens tube (fig. 1, 2, 3; fig. 2’, 3’, as disclosed in Gerth),
a first objective lens group and a first eyepiece group which are movably installed in the mounting base (figs. 1-3, 2s, 3s, 4s, 5, 6--mid-axis of the folding bridge 5, as disclosed in Gerth), and
a first prism group (fig. 7, 22, as disclosed in Gerth; fig. 1, 2b, as disclosed in Grigorevich),
a first natural light mirror (fig. 1, 105, as disclosed in Yoshimoto), and
a fourth natural light mirror which are fixed in the mounting base (fig. 1, 7b, as disclosed in Grigorevich),
a transparent LCD screen is mounted on a specific focal point of the first eyepiece group of the first lens body (figs. 7-8, 20; ¶[0034], line 1-8, for displaying an image of a display device or a display 20 to the user in the observation beam path 4, 4', 4", 4"' of the observation apparatus 1, 1', 1", 1"', as disclosed in Gerth; fig. 1, 10; ¶[0016], line 11-13, an image of the display 10 is projected into the focal plane of the eyepiece 3b through the inclined mirror 8b, which is transparent to the radiation of the display 10, as disclosed in Grigorevich), so that a ranging center and a ranging data can be displayed in user's eyes together with an observation image (¶[0017], line 1-14, the measurement result is displayed on display 10, visible in the left eyepiece 3b, as disclosed in Grigorevich).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published application may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000.
/JIE LEI/Primary Examiner, Art Unit 2872