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 36, 37, and 43 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 claims 36 and 37, “in place of a mechanical sight component of the aimed device” is vague and indefinite. First, it is apparently an attempt to include a method step in an apparatus claim, i.e. replacement of an element instead of claiming structure. Also, without further limitations, it is not even clear that the claimed single focal plane aiming device would function properly without knowing more about the location. The following limitations of “a front mechanical sight mounting location or a rear mechanical sight mounting location” does not clear up the problem, since only the location of a “component” of a mechanical sight is claimed, the component could be an adjustment element mounted on the back of a receiver.
In claim 41, “the radio-luminescent source” is vague and indefinite, since the light source is picked from a plurality of sources, so there might not even be a radio-luminescent source present in the apparatus.
In claim 45, “in place of a rear mechanical sight” is vague and indefinite. It is apparently an attempt to include a method step in an apparatus claim, i.e. replacement of an element instead of claiming structure.
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 35-54 are rejected under 35 U.S.C. 103 as being unpatentable over Overfelt (2025/0216175).
Overfelt discloses a firearm sight 10 with most claimed elements including a housing 12 holding an optical assembly; the optical assembly 40 including an LED light source 122, a signal-forming element 120 that forms an illuminated aiming signal (i.e. reticle) and directs it to a viewing opening of the housing body as collimated light (paragraph 41); where the aiming device is mounted on a firearm with an optical axis of the sight B parallel to a central axis of the firearm. Overfelt fails to disclose the particular size parameter of the body. However, Overfelt does provide two measurements that are in terms of just a few millimeters. Therefore, it is considered obvious to one of ordinary skill in the art at the time of the application’s filing to have a housing with the claimed parameters. Overfelt also fails to disclose details of the mounting elements for the sight, however, the claimed mounting elements appear to claim only broadly claimed standard elements, such as male/female connections and having only mechanical mount elements involved (not parts of the sight per se). Official Notice is taken that such mounting elements are well known and obvious to use in mounting a sight to a firearm.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE
