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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendment to Claim(s) 1, 2, 4-6, 8 and 9, and the Specification, filed 02/02/2026, are acknowledged and accepted.
Response to Arguments
Applicant’s arguments, see Page 7, filed 02/02/2026, with respect to Claim Objections, Specification Objection, and 35 USC § 112, have been fully considered and are persuasive. The Claim Objections, Specification Objection, and 35 USC § 112 rejection, have been withdrawn.
Applicant's arguments filed 02/02/2026 have been fully considered and they are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new found art.
Claim Objections
Claims 5, 8 and 9 are objected to because of the following informalities:
With respect to claims 5 and 9, applicant claims the limitation of “two diopters” which are further defined later in the claim as “the first diopter” and “the second diopter”. Correction is required as the first diopter” and “the second diopter” have not been previous claimed or defined. Applicant may correct the claims by:
Further defining “the first diopter” and “the second diopter” as –two diopters comprising a first diopter and a second diopter--, or,
Further defining “two diopters” as --one of the two diopters-- and --the other of the two diopters--.
Claim 8 depends from claim 5 and inherits the objection.
For examination purposes the limitation will be treated as “two diopters comprising a first diopter and a second diopter”.
Appropriate correction is required.
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, 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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Espie et al., (hereafter Espie) (US 5,282,082), of record, in further view of Hall et al., (hereafter Hall) (US 2006/0250322 A1).
With respect to Claim 1, Espie teaches night-vision binoculars (Figure 2), comprising: one (1, Figure 1) or two fixed lens assemblies (6 and 7, Figure 2), the or each lens assembly comprising: a capture lens (2, Figure 2) capturing an image (column 1, lines 54-56) of a scene (column 1, lines 51-53); a light intensification device (3, Figure 2) intensifying the captured image (column 1, lines 54-56) to obtain an intensified image (image after passing through 3, Figure 2); a screen (column 1, lines 54-56) generating an additional image (column 1, lines 54-56); and a projection lens (4, Figure 2) projecting the additional image (column 1, lines 54-56) on the intensified image (image after passing through 3, Figure 2) such that an output beam projection beam (4, Figure 2), transports the resultant image (column 2, lines 55-59), wherein the projection lens (4, Figure 2) has a projection axis (dotted line, Figure 2); and two eyepieces (12 and 13, Figure 2) that receive either the same projection beam (beam coming out of 4, Figure 2), when the binoculars (Figure 2) comprise a single lens assembly (2, Figure 1), or different projection beams, when the binoculars (Figure 2) comprise two lens assemblies (6 and 7, Figure 2), wherein each eyepiece (12 and 13, Figure 2) has an output vision axis (see annotated Figure 2), the vision axes of the two eyepieces (12 and 13, Figure 2) being parallel (see Figure 2) and separated by an adjustable inter-pupillary distance (column 3, lines 26-39), wherein the vision axis (see annotated Figure 2) of each eyepiece (12 and 13, Figure 2) is further parallel (see Figure 2) to the projection axis (dotted line, Figure 2) of the corresponding lens assembly (see annotated Figure 2) and has the same non-zero center-to-center distance (see Figure 2) as the projection axis (dotted line, Figure 2) of the corresponding lens assembly (6 and 7, Figure 2).
Espie fails to teach wherein each eyepiece is rotatable relative to the projection axis of the corresponding lens assembly so as to adjust the inter-pupillary distance.
Espie teaches a binocular-type optical device and Hall teaches a system for dynamically controlling vergence and focus which can be used in a binocular device.
Hall teaches wherein each eyepiece (12 and 13, Figure 2) is rotatable (column 4, lines 38-46) relative to the projection axis (dotted line, Figure 2) of the corresponding lens assembly (6 and 7, Figure 2) so as to adjust the inter-pupillary distance (column 3, lines 26-39).
Therefore, it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Espie having the night-vision binoculars with the teachings of Hall having eyepiece is rotatable relative to the projection axis of the corresponding lens assembly so as to adjust the inter-pupillary distance for the purpose of visual clarity, comfort, and depth perception.
With respect to Claim 2, the modified Espie further teaches wherein the projection beam (beam coming out of 4, Figure 2) comprises a collimated (beams coming out of 4, collimator, Figure 2) or near collimated beam.
With respect to Claim 3, the modified Espie further teaches wherein the vision axis (see annotated Figure 2) of each eyepiece (12 and 13, Figure 2) is the optical axis of the eyepiece (12 and 13, Figure 2).
With respect to Claim 4, Espie in view of Hall teach night-vision binoculars according to claim 1, wherein the binoculars (Figure 2, of Espie) comprise two lens assemblies (6 and 7, Figure 2, of Espie), the inter-pupillary distance (column 3, lines 26-39, of Espie), each eyepiece (12 and 13, Figure 2, of Espie) and the projection axis (dotted line, Figure 2, of Espie).
Espie discloses the claimed invention except for the inter-pupillary distance being the sum of a nominal distance and an adjustment range, the value of the adjustment range being a function of the rotation of each eyepiece and being within a limited range centered on zero, the center-to-center distance between the vision axis of each eyepiece and the projection axis of the corresponding lens assembly being equal to one-half of the positive limit of the limited range. It would have been obvious to one having ordinary skill in the art before the effective date of the invention to have the inter-pupillary distance being the sum of a nominal distance and an adjustment range , the value of the adjustment range being a function of the rotation of each eyepiece and being within a limited range centered on zero, the center-to-center distance between the vision axis of each eyepiece and the projection axis of the corresponding lens assembly being equal to one-half of the positive limit of the limited range since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. One would have been motivated to have the inter-pupillary distance being the sum of a nominal distance and an adjustment range, the value of the adjustment range being a function of the rotation of each eyepiece and being within a limited range centered on zero, the center-to-center distance between the vision axis of each eyepiece and the projection axis of the corresponding lens assembly being equal to one-half of the positive limit of the limited range for the purpose of compact design of the binoculars.
With respect to Claim 5, Embodiment One of Espie in view of Hall teach the night-vision binoculars according to claim 1, wherein each eyepiece (12 and 13, Figure 2, of Espie) has an input axis (parallel with dotted line, Figure 2, of Espie) that coincides with the projection axis (dotted line, Figure 2, of Espie) of the corresponding lens assembly, wherein the vision axis (see annotated Figure 2, of Espie) of each eyepiece (12 and 13, Figure 2, of Espie) is offset from the input axis (parallel with dotted line, Figure 2) of the eyepiece (12 and 13, Figure 2, of Espie).
Embodiment One of Espie in view of Hall fail to teach wherein the vision axis of each eyepiece is offset from the input axis of the eyepiece by a layover formed by two diopters, each diopter having a flat optical surface parallel to the flat optical surface of the other diopter, wherein the first diopter is configured to reflect at least part of the projection beam output by the corresponding lens assembly in the direction of the second diopter, wherein the second diopter is configured to reflect the projection beam in the direction of the vision axis.
Embodiment Two of Espie teaches wherein the vision axis of each eyepiece is offset from the input axis of the eyepiece by a layover formed by two diopters (14 and 15, Figure 3), each diopter (14 and 15, Figure 3) having a flat optical surface parallel to the flat optical surface of the other diopter (14 and 15, Figure 3), wherein the first diopter (14, Figure 3) is configured to reflect at least part of the projection beam (beam coming out of 4, Figure 3) output by the corresponding lens assembly in the direction of the second diopter (15, Figure 3), wherein the second diopter (15, Figure 3) is configured to reflect the projection beam (beam coming out of 4, Figure 2) in the direction of the vision axis (see annotated Figure 3).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment One of Espie in view of Hall having the night-vision binoculars with the teachings of Embodiment Two of Espie having each eyepiece is offset from the input axis of the eyepiece by a layover formed by two diopters, each diopter having a flat optical surface parallel to the flat optical surface of the other diopter, wherein the first diopter is configured to reflect at least part of the projection beam output by the corresponding lens assembly in the direction of the second diopter, wherein the second diopter is configured to reflect the projection beam in the direction of the vision axis for the purpose of creating a single, sharp image for each eye.
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With respect to Claim 6, Espie in view of Hall teach night-vision binoculars according to claim 1, an orientation of the eyepieces (see 12 and 13, Figure 2, of Espie), and a rotation angle (column 3, lines 37-39, of Espie) of each eyepiece (12 and 13, Figure 2, of Espie) relative to the orientation.
Espie in view of Hall disclose the claimed invention except for wherein the inter-pupillary distance is the sum of a nominal distance and an adjustment range that is a function of the rotation of each eyepiece, wherein the adjustment range is a function of the center-to- center distance between the projection and the vision axis of the eyepieces. It would have been obvious to one having ordinary skill in the art before the effective date of the invention to have the inter-pupillary distance is the sum of a nominal distance and an adjustment range that is a function of the rotation of each eyepiece, wherein the adjustment range is a function of the center-to- center distance between the projection and the vision axis of the eyepieces, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. One would have been motivated to have wherein the inter-pupillary distance is the sum of a nominal distance and an adjustment range that is a function of the rotation of each eyepiece, wherein the adjustment range is a function of the center-to- center distance between the projection and the vision axis of the eyepieces for the purpose of compact design of the binoculars.
With respect to Claim 7, Espie further teaches wherein the binoculars (Figure 2) comprise two lens assemblies (6 and 7, Figure 2).
With respect to Claim 8, Embodiment One of Espie in view of Hall teach the night-vision binoculars according to claim 5, wherein the binoculars (Figure 1, of Espie) comprise a single lens assembly (2, Figure 1, of Espie), such that the projection axis (dotted line, Figure 2, of Espie) is the common rotation axis of the two eyepieces (12 and 13, Figure 2, of Espie),
Embodiment One of Espie in view of Hall fail to teach wherein the flat optical surface of the first diopter of a first eyepiece, is partially reflective, so as to reflect the first portion of the projection beam in the direction of the second diopter of the first eyepiece and to transmit a second portion of the projection beam in the direction of the other eyepiece.
Embodiment Two of Espie teaches wherein the flat optical surface of the first diopter (14, Figure 3) a first eyepiece (12, Figure 3), is partially reflective (5a and 5b, Figure 3), so as to reflect (5a and 5b are mirrors, Figure 3) the first portion of the projection beam (beam coming out of 4, Figure 3) in the direction of the second diopter (15, Figure 3) of the first eyepiece (12, Figure 3) and to transmit a second portion of the projection beam in the direction of the other eyepiece (13, Figure 3).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment One of Espie in view of Hall having the night-vision binoculars with the teachings of Embodiment Two of Espie having the flat optical surface of the first diopter of a first eyepiece, is partially reflective, so as to reflect the first portion of the projection beam in the direction of the second diopter of the first eyepiece and to transmit a second portion of the projection beam in the direction of the other eyepiece for the purpose of image correction and compact design.
With respect to Claim 9, Embodiment One of Espie in view of Hall teach the night-vision binoculars according to claim 1, wherein the or each lens assembly comprises an input axis (parallel with dotted line, Figure 2, of Espie) that is offset from the projection axis (dotted line, Figure 2, of Espie) of the corresponding projection lens (4, Figure 2, of Espie).
Embodiment One of Espie in view of Hall fail to teach wherein each lens assembly comprises an input axis that is offset from the projection axis of the corresponding projection lens by a layover formed by two diopters, wherein each diopter has a flat optical surface parallel to the flat optical surface of the other diopter, wherein the first diopter is comprised within the capture lens, and wherein the second diopter is comprised within the projection lens and is in the path of the beam reflected by the first diopter.
Embodiment Two of Espie teach wherein each lens assembly comprises an input axis that is offset from the projection axis of the corresponding projection lens by a layover formed by two diopters (14 and 15, Figure 3), wherein each diopter (14 and 15, Figure 3) has a flat optical surface parallel to the flat optical surface of the other diopter (14 and 15, Figure 3), wherein the first diopter (14, Figure 3) is comprised within the capture lens (beam coming out of 4, Figure 3), wherein the second diopter (15, Figure 3) is comprised within the projection lens (8 and 9, Figure 3) and is in the path of the beam reflected by the first diopter (14, Figure 3).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Embodiment One of Espie having the night-vision binoculars with the teachings of Embodiment Two of Espie having wherein each lens assembly comprises an input axis that is offset from the projection axis of the corresponding projection lens by a layover formed by two diopters, wherein each diopter has a flat optical surface parallel to the flat optical surface of the other diopter, wherein the first diopter is comprised within the capture lens, and wherein the second diopter is comprised within the projection lens and is in the path of the beam reflected by the first diopter for the purpose of creating a single, sharp image for each eye.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Espie (US 5,282,082), of record, in view of Hall (US 2006/0250322 A1), as applied to Claim 1 above, in further view of Kunz (US 2018/0180734 A1), of record.
With respect to Claim 10, Espie in view of Hall teach the night-vision binoculars according to claim 1 and the capture lens (2, Figure 2).
Espie in view of Hall fail to teach wherein the additional image is an image of the scene in a spectral band different to the spectral band of the image captured by the capture lens.
Kunz teaches an observation device (title and abstract) wherein the additional image is an image of the scene in a spectral band different to the spectral band of the image captured by the capture lens (¶[0004]).
Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Espie in view of Hall having the binoculars with the teachings of Kunz having the additional image is an image of the scene in a spectral band different to the spectral band of the image captured by the capture lens for the purpose of for enhancing contrast and/or for displaying image information detected outside of the visual wavelength range, ¶[0004].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA Y WASHINGTON whose telephone number is (571)270-3887. The examiner can normally be reached Mon-Thur 730-530 EST.
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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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