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 .
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 1-15 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, “configured to clip” is vague and indefinite. The required structural limitations are not clear. Is there some sort of clip element required for the connection? Is the elevation adder itself somehow constructed such that it inherently clips to the front of the viewing optic?
In claims 1, 7, and 10, “to add angle or elevation to a target image” is vague, indefinite, and alternative. First, it is not clear when or how a choice is made between adding angle or elevation. Second, angles are relative parameters and it is not clear what angle is being added.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Hamilton et al (2020/0049455).
Hamilton et al disclose a viewing optic with all claimed elements including:
A viewing optic having an optical system with an objective lens system that focuses a target image from an outward scene to a first focal plane (para[0015]), where in the first focal plane is located between the objective lens system and an erector system that inverts the target image (Fig.1E;para[0015],[0184],[0193]), and an active display configured to generate an image, where in the image is projected to the first focal plane of the optical system (para[0275]-[0276],[0297],[0312] projecting a digital image on to the first focal plane; para[0559]); and an elevation adder (laser rangefinder/LRF) configured to communicate with the active display (para[0395]-[0397],[0404]-[0406],[0552]- [0553],[0558] ballistic calculator determined that the correction required 10 milliradians of elevation adjustment to hit the target, the digital display would place an aimpoint 10 milliradians below the center of the crosshair, [0632]). As per claim 2, Hamilton et al disclose the system of Claim1, wherein the image is a digital reticle (para[0312],[0558]-[0559],[0639] active reticle; para[0649}-[0650)). As per claim 3, Hamilton et al disclose the system of Claim 1, wherein the image is a corrected aiming point (para[0395],[0558]- [0559],[0639]). As per claim 4, Hamilton et al disclose the system of Claim 1, wherein the image is a ballistic solution (para[0650}). As per claim 5, Hamilton et al disclose the system of Claim 1, wherein the elevation adder is configured to communicate with the active display through a wireless connection (para[0404]-[0406},[0553)). As per claim 6, Hamilton et al disclose the system of Claim 1, wherein the elevation adder is configured to communicate with the active display through a wired connection (para[0404}-[0406],[0553]). As per claim 7, Hamilton et al disclose a system comprising (Abstract): (a)an elevation adder (laser rangefinder/LRF) (para[0395]-[0397],[0404]-[0406],[0552]- [0553],[0558]); and (b) a viewing optic having an active display (para[0015],[0275]-[0276],[0297],[0312],[0559)), the viewing optic configured to communicate with the elevation adder (para[0404]-[0406],[0553]), wherein the viewing optic detects additional elevation provided by the elevation adder and communicates the additional elevation to the active display (para[0395]-[0397],[0404]-[0406],[0552]-[0553],[0558],[0632]), wherein the active display generates a correct bullet drop in a first focal of the viewing optic (para(para[0395]-[0397],[(0404]-[0406],[(0552]-[0553],[0558],[0632]). As per claim 8, Hamilton et al disclose the system of Claim 7, wherein the viewing optic is configured to communicate with the elevation adder through a wireless connection (para[0404}-[0406],[0553)). As per claim 9, Hamilton et al disclose the system of Claim 7, wherein the viewing optic is configured to communicate with the elevation adder through a wired connection (para[0404]-[0406],[0553}). As per claim 10, Hamilton et al disclose a system comprising (Abstract): (a)an elevation adder (Jaser rangefinder/LRF) (para[0395]-[0397],[0404]-[0406},[0552]-[0553],[0558]); and (b) a viewing optic comprising a main tube, an objective system coupled to a first end of the main tube and an ocular system coupled to a second end of the main tube (Fig.1C-1D; para[0014],[0179]), an erector lens system disposed between the objective system and the ocular system (para[0014]-[0015)),a first focal plane located between the objective system and the erector lens system and an active display (Fig.1E; para[0015],[0181],[0193],[0275]-[0276],[0297],[0312],[0559]), the viewing optic is configured to determine additional elevation provided by the elevation adder and communicate the additional elevation to the active display (para[0395}-[0397],[0404]-[0406],[0552]-[0553],[0558],[0632]), wherein the active display generates an image selected from the group consisting of: digital reticle, corrected aiming point, or a ballistic solution (para[0312],[0395],[(0558]-[0559],[0639],[0649]-[0650]), wherein the image is projected into the first focal of the viewing optic (para[0275]-[0276],[0297],[0312],[0559)). As per claim 11, Hamilton et al disclose the system of Claim 10, wherein the image is a digital reticle (para[0312],[0558]-[0559],[0639]activereticle;para[0649]-[0650)). As per claim 12, Hamilton et al disclose the system of Claim 10, wherein the image is a corrected aiming point (para[0395],[0558]-[0559],[0639)). As per claim 13, Hamilton et al disclose the system of Claim 10, wherein the image is a ballistic solution (para[0650)). As per claim 14, Hamilton et al disclose the system of Claim 10, wherein the viewing optic is configured to communicate with the elevation adder through a wireless connection (para[0404]-[0406],[0553)). As per claim 15, Hamilton et al disclose the system of Claim10, wherein the viewing optic is configured to communicate with the elevation adder through a wired connection (para[0404]-[0406],[0553)).
Applicant's arguments filed 9-22-2025 have been fully considered but they are not persuasive. Applicant failed to make any substantive argument as to why the claims are not anticipated by the cited prior art. Applicant made some minor amendments but they do not seem to add subject matter which was not present in the cited art in the previous rejection, especially in view of the 112 rejections above.
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 J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE