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 .
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.
Status of Claims
This action is in reply to the application filed on 08/18/2023.
Claims 1-15 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/18/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ross, Jr. (US 20160305774 A1), hereinafter Ross, Jr.
Regarding claim 13, Ross, Jr. discloses
a first transparent member (See at least Fig. 1, Items 112-114, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”); and
a second transparent member different from the first transparent member (See at least [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”), wherein
the first transparent member is provided with a first sighting mark (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”),
the second transparent member is provided with a second sighting mark (See at least “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”), and
the second sighting mark has a shape that encompasses the first sighting mark when seen in a direction from the first transparent member toward the second transparent member in a state where the first transparent member and the second transparent member are overlapped (See at least [0043] “Reticles may include cross-hairs, circles, horseshoes, dots, concentric circles, or any other shape suited to assist the optical system in aligning system components and any shape that results in a common alignment feature.”)
Regarding claim 14, Ross, Jr. discloses
a first transparent member (See at least Fig. 1, Items 112-114, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”); and
a second transparent member different from the first transparent member (See at least [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”), wherein
the first transparent member is provided with a first sighting mark (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”),
the second transparent member is provided with a second sighting mark (See at least “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”), and
the first sighting mark is a first graph-paper pattern and the second sighting mark is a second graph-paper pattern (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”)
Regarding claim 15, Ross, Jr. discloses
a first transparent member (See at least Fig. 1, Items 112-114, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”); and
a second transparent member different from the first transparent member (See at least [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”), wherein
the first transparent member is provided with a first sighting mark (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”),
the second transparent member is provided with a second sighting mark (See at least “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”, [0036] “the alignment object 112 is defined by a frame and a transparent window having the alignment tool 114”), and
the first sighting mark is a first concentric-circle pattern and the second sighting mark is a second concentric-circle pattern (See at least [0043] “Reticles may include cross-hairs, circles, horseshoes, dots, concentric circles, or any other shape suited to assist the optical system in aligning system components and any shape that results in a common alignment feature.”)
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.
Claims 1-2, 5-6, 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kishi (JP 2019132643 A), hereinafter Kishi
Regarding claim 1, Kishi, as shown below, discloses a radio wave sensor installation method comprising the following limitations:
mounting a sighting device onto a radio wave sensor (See at least Fig. 4, [0076] “allows the sight 121 to be attached to the main body 101.”, [0059] “the main body 101 of the radio wave sensor 201” While Kishi does not explicitly disclose the step of ‘mounting”, a person having ordinary skill in the art would understand that a step of mounting the sight of Kishi would have been obvious for the reasons of applying a known technique to a known method ready for improvement to yield predictable results. );
adjusting a direction of the radio wave sensor using the sighting device (See at least [0036] “With the sight 121 attached, the worker adjusts the orientation of the radio wave sensor 201 by aligning the direction of the sight 121 with the reference point”);
fixing the direction of the radio wave sensor (See at least [0036] “With the sight 121 attached, the worker adjusts the orientation of the radio wave sensor 201 by aligning the direction of the sight 121 with the reference point”); and
removing the sighting device from the radio wave sensor (See at least Fig. 4, [0076] “allows the sight 121 to be attached to the main body 101.” While Kishi does not explicitly disclose the step of ‘removing’, a step of removing a part of an apparatus that is only used for initial setup so that the part can be used for initial setup of another apparatus is a well-known way to save money when setting up a plurality of apparatuses. Therefore, a person having ordinary skill in the art would understand that a step of removing the sight of Kishi would have been obvious for the reasons of applying a known technique to a known method ready for improvement to yield predictable results.), wherein
the sighting device includes a first transparent member and a second transparent member different from the first transparent member (See at least Figs. 4, 10, [0062] “The first plate-shaped member 21 has a first hole 31 formed therein, and the second plateshaped member 22 has a second hole 32 formed therein.” The Examiner notes that as claimed a ‘transparent member’ is not limited to for example a layer of film, but may include interpretation as a hole.), and
in the adjusting the direction of the radio wave sensor using the sighting device, the direction of the radio wave sensor is adjusted using a first sighting mark indicated on the first transparent member and a second sighting mark indicated on the second transparent member. (See at least [0036] “With the sight 121 attached, the worker adjusts the orientation of the radio wave sensor 201 by aligning the direction of the sight 121 with the reference point”)
One would have been motivated to do so in order to advantageously achieve optimal orientation (See at least [0180] “This allows the orientation of the radio wave sensor 205 to be adjusted so that the angle formed by the radio wave radiation direction Dw of the radio wave sensor 205 and the horizontal plane becomes an optimum value.”).
Regarding claim 2, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
wherein, in the adjusting the direction of the radio wave sensor using the sighting device, the direction of the radio wave sensor is adjusted such that a first sighting point on the first sighting mark, a second sighting point on the second sighting mark, and a reference point located on the ground are aligned in a straight line (See at least Fig. 4, [0031] “In this way, by aligning the direction of the sight with a reference point located on the boundary between the crosswalk and the waiting area”).
Regarding claim 5, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
in the adjusting the direction of the radio wave sensor using the sighting device, the direction of the radio wave sensor is adjusted such that a shape of the first sighting mark overlaps a shape of the second sighting mark as seen from a position located on an opposite side of the first transparent member from the second transparent member in a state where the first transparent member and the second transparent member are disposed facing each other (See at least [0180] “Next, the worker attaches the radio wave sensor 205 to the arm, looks through the first hole 91 into the second hole 92, and aligns the direction of the sight 125 with the reference point”).
Regarding claim 6, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
before the mounting the sighting device onto the radio wave sensor, selecting the first transparent member having a shape conforming to a shape of a road constituting a detection target (See at least [0186] “the radio wave sensor is a radar that detects objects present in a target area that includes the entire crosswalk, and the reference point is the end of the crosswalk on the waiting area side of the crosswalk” Kishi discloses a shape conformed to sighting a pedestrian crosswalk (road) area.).
Regarding claim 9, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
the radio wave sensor is provided with a first positioning mark; the first transparent member is provided with a second positioning mark; and in the mounting the sighting device onto the radio wave sensor, the first positioning mark is aligned with the second positioning mark (See at least Figs. 1, 4, [0014] “With this configuration, even if it is difficult to identify the position near the center of the area being monitored by the radio wave sensor, it is possible to aim the radio wave sensor at the center by aligning the direction of the sight with a reference point that is located in a different position from the center.”).
Regarding claim 10, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
the radio wave sensor is provided with a first positioning mark; the first transparent member is provided with a second positioning mark; and in the mounting the sighting device onto the radio wave sensor, the first positioning mark is aligned with the second positioning mark (See at least Fig. 9 [0119] “plate-shaped first mounting member 43, a plate-shaped second mounting member 44, one or more first fixing members 45, and one or more second fixing members 46. The first fixing member 45 and the second fixing member 46 are, for example, screws.” Kishi discloses a first positioning mark as a screw hole in the radio wave sensor and second positioning mark as corresponding screw holes in the first transparent member to align for mounting).
Regarding claim 11, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
the radio wave sensor is provided with a recess; and in the mounting the sighting device onto the radio wave sensor, the first transparent member is fitted into the recess (See at least Fig. 9 [0119] “plate-shaped first mounting member 43, a plate-shaped second mounting member 44, one or more first fixing members 45, and one or more second fixing members 46. The first fixing member 45 and the second fixing member 46 are, for example, screws.” Kishi discloses a recess as a screw hole in the radio wave sensor and the in the first transparent member including screw are fitted into the recess for mounting).
Regarding claim 12, Kishi, as shown in the rejection above, discloses all of the limitations of claim 1. Kishi further discloses
the radio wave sensor is provided with a projecting part; the first transparent member is provided with a hole; and in the mounting the sighting device onto the radio wave sensor, the projecting part is inserted into the hole (See at least Fig. 9 [0119] “plate-shaped first mounting member 43, a plate-shaped second mounting member 44, one or more first fixing members 45, and one or more second fixing members 46. The first fixing member 45 and the second fixing member 46 are, for example, screws.” Kishi discloses a projecting part as a screw inserted through a first transparent member).
Claims 3-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kishi, in view of Ross, Jr.
Regarding claim 3, Kishi, as shown above, discloses all the limitations of claims 1 and 2. Kishi does not explicitly disclose the first sighting mark is a first graph-paper pattern and the second sighting mark is a second graph-paper pattern; and a first grid point of the first graph-paper pattern is the first sighting point, and a second grid point of the second graph-paper pattern is the second sighting point. However, Ross, Jr, in the same or in a similar field of endeavor, discloses
the first sighting mark is a first graph-paper pattern and the second sighting mark is a second graph-paper pattern; and a first grid point of the first graph-paper pattern is the first sighting point, and a second grid point of the second graph-paper pattern is the second sighting point (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters”).
Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the radio wave sensor installation system disclosed by Kishi with the sight system disclosed by Ross, Jr. One would have been motivated to do so in order to advantageously increase the precision of alignments (See at least [0044] “It is appreciated that this may further increase the precision of alignments”).
Regarding claim 4, The combination of Kishi and Ross, Jr., as shown above, discloses all the limitations of claims 1-3. Kishi does not explicitly disclose before the adjusting the direction of the radio wave sensor using the sighting device, drawing a mark at each of the first grid point and the second grid point. However, Ross, Jr, in the same or in a similar field of endeavor, discloses
before the adjusting the direction of the radio wave sensor using the sighting device, drawing a mark at each of the first grid point and the second grid point (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters” Ross, Jr. discloses a grid pattern with intersections that is ‘drawn’ on a transparency ).
Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the radio wave sensor installation system disclosed by Kishi with the sight system disclosed by Ross, Jr. One would have been motivated to do so in order to advantageously increase the precision of alignments (See at least [0044] “It is appreciated that this may further increase the precision of alignments”).
Regarding claim 8, The combination of Kishi, as shown above, discloses all the limitations of claims 1. Kishi does not explicitly disclose before the adjusting the direction of the radio wave sensor using the sighting device, drawing the first sighting mark on the first transparent member. However, Ross, Jr, in the same or in a similar field of endeavor, discloses
before the adjusting the direction of the radio wave sensor using the sighting device, drawing the first sighting mark on the first transparent member (See at least [0043] “While shown in FIG. 2 as a grid, in various other embodiments the alignment tool 202 may include any recticle”, [0044] “In additional embodiments, the alignment object 200 may include additional alignment tools (e.g., reticles) or filters” Ross, Jr. discloses a grid pattern with intersections that is ‘drawn’ on a transparency ).
Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the radio wave sensor installation system disclosed by Kishi with the sight system disclosed by Ross, Jr. One would have been motivated to do so in order to advantageously increase the precision of alignments (See at least [0044] “It is appreciated that this may further increase the precision of alignments”).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kishi, in view of Wilson (US 20210088308 A1), hereinafter Wilson.
Regarding claim 7, Kishi, as shown above, discloses all the limitations of claim 1. Kishi does not explicitly disclose in the adjusting the direction of the radio wave sensor using the sighting device, the first sighting mark is projected onto the first transparent member. However, Wilson, in the same or in a similar field of endeavor, discloses
in the adjusting the direction of the radio wave sensor using the sighting device, the first sighting mark is projected onto the first transparent member (See at least [0053] “One advantage of the reticle system is that it allows both short and long range shooting using an etched glass, decal, or, projected, grid reticle”).
Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the radio wave sensor installation system disclosed by Kishi with the sight system disclosed by Wilson. One would have been motivated to do so in order to advantageously simplify aiming (See at least [0053] “One advantage of the reticle system is that it allows both short and long range shooting using an etched glass, decal, or, projected, grid reticle without having to use a windage or elevation adjustment knobs on the scope. By way of example, a scope with the reticle pattern of the present invention, once zeroed in to a point of aim, simplifies the calculation and use of mil-angle grid units which may include units used for military purposes in terms of minute of angle (MOA) units or units expressed in mils.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LV (US 20230080906 A1) - An auxiliary optical system is installed on a telescopic sight of a gun, the telescope sight including an eyepiece end, an objective end and a first reticle. The system includes a digital imaging member fixed at the objective end by a first fixing member and partially shielding an objective lens, a display member fixed at the eyepiece end by a second fixing member and electrically connected to the digital imaging member; the digital imaging member configured to perform photosensitive image on environmental images and convert the environmental images into video signals, and generates a second reticle that is adjustable and has the same function as the first reticle, the second reticle and the video signals stacked together to be transmitted to the display member for display. The present disclosure enables the gun to have functions of the digital sight without replacing a conventional telescopic sight.
Milster (US 20200255168 A1) - Various embodiments are directed to telescopic apparatus, systems and methods for daylight imaging of satellites and other objects, a platform/telescope configured for daylight imaging of satellites and other objects, as well as modifications thereto configured to perform specific functions individually and/or in conjunction with other platforms/devices (e.g., radar tracking devices)
Schlierbach (US 7990523 B2) - An aiming telescope has an optical axis and a line of sight. Turrets are provided for adjusting the direction of the line of sight. A range finder is structurally connected with the aiming telescope. The range finder has a light source for emitting an emitted measuring beam. The emitted measuring beam runs outside the aiming telescope. It has a direction coinciding essentially with the direction of the line of sight. A transmission is provided for automatically adjusting the direction of the emitted measuring beam when the direction of the line of sight is adjusted. The light source is pivotably mounted on the aiming telescope. The transmission acts between the aiming telescope and the light source.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH W GOOD whose telephone number is (571)272-4186. The examiner can normally be reached Mon - Thu 7:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William J. Kelleher can be reached on (571) 272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH W GOOD/
Examiner, Art Unit 3648
/William Kelleher/Supervisory Patent Examiner, Art Unit 3648