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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/12/2024 and 09/04/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Objections
Claim 18 is objected to because of the following informalities: Claim 18 recites, “further comprising” twice in a row. Appropriate correction is required.
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 1, 3-5, 7-11 and 14-17 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated over York et al. (US 2022/0381536).
Regarding claim 1, York discloses an apparatus comprising: a base section including 1) an optic sight or 2) an optic mounting plate or other optic mounting adapter to receive the optic sight (100, reflex sight); and an additional section ([0113] discloses: 120, compact shroud; therefore considered the additional section) to protect a front-most light transmissive surface (see annotated Figure A below, which is an annotated Figure 3 of York) of the optic sight or framing thereof ([0113] discloses: 120, compact shroud, to partially cover 100, reflex sight, providing mechanical protection as well as blocking some of the light from entering the sight; therefore considered to protect a front-most light transmissive surface of the optical sight), wherein a part of a back of the additional section (see annotated Figure A below) is spaced apart from the front-most light transmissive surface of the optic sight or the framing thereof (see annotated Figure A below); and wherein: the additional section is integrally formed, fixably coupled, or releasably coupled to a front of a body of the optic sight, or the additional section is fixably coupled or releasably coupled to the optic mounting plate or other optic mounting adapter (Figures 2 and 3 depict: 120, compact shroud couple to 100, reflex sight, via 122, bar and 102, slot or groove), wherein in the case the additional section is fixably coupled to the base section, the additional section includes an attachment interface to interference fit, via press-fit or mechanical deformation, to the optic mounting plate or other optic mounting adapter (Figure 2 and 3 depict: 102, slot or groove; therefore considered to be a mechanical deformation to attach 120, compact shroud via 122, bar).
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Figure A
Regarding claim 3, York discloses the apparatus of claim 1, wherein the additional section (120, compact shroud) comprises a fully-enclosed frame (Figure 2 depicts: 120, compact shroud, with a fully-enclosed frame to cover 100, reflex sight).
Regarding claim 4, York discloses an apparatus (Figures 2 and 3), comprising: a frame ([0113] discloses: 120, compact shroud; therefore considered to be a frame) to protect a front-most light transmissive surface ([0113] discloses: 100, reflex sight, see annotated Figure A above) of an optic sight or framing thereof ([0113] discloses: 120, compact shroud, to partially cover 100, reflex sight, providing mechanical protection as well as blocking some of the light from entering the sight; therefore considered to protect a front-most light transmissive surface of the optical sight), wherein a part of a back of the frame is spaced apart from the front-most light transmissive surface of the optic sight or the framing thereof (see annotated Figure A above); wherein the frame is integrally formed on a front of the optic sight or configured to fixably or releasably coupled to the front of the optic sight, or wherein the frame is configured to fixably or releasably attach to an optic mounting plate or other optic mounting adapter on which the optic sight is mountable (Figures 2 and 3 depict: 120, compact shroud couple to 100, reflex sight, via 122, bar and 102, slot or groove), and wherein in the case the frame is configured to fixably or releasably attach to the optic mounting plate or other optic mounting adapter, the frame includes an attachment interface to interference fit, via press-fit or mechanical deformation, to the optic mounting plate or other optic mounting adapter (Figure 2 and 3 depict: 102, slot or groove; therefore considered to be a mechanical deformation to attach 120, compact shroud via 122, bar; 102, slot or grove is considered to be the attachment interface).
Regarding claim 5, York discloses the apparatus of claim 4, wherein one of the attachment section (120, compact shroud) and the optic mounting plate or other optic mounting adapter (102, slot or groove), includes one or more posts or other projections (Figures 2 and 3 depict: 122, bar) locatable in one or more corresponding openings defined by the other of the attachment section and the optic mounting plate or other optic mounting adapter (Figures 2 and 3 depict: 122, bar, when attached is located on 102, slot, the corresponding opening defined by 100, reflex sight).
Regarding claim 7, York discloses the apparatus of claim 5, wherein one or more posts or other projections are non-weldingly joined to the corresponding one or more openings (Figure 2 depicts: 122, bar, non-weldingly joined to the one or more openings).
Regarding claim 8, York discloses the apparatus of claim 1, wherein one of the attachment section ([0113] discloses: 120, compact shroud) and the optic mounting plate or other optic mounting adapter (100, reflex sight), includes at least one protection receivable ([0013] discloses: 124, fastener, to retain the shroud in place; Examiner notes that the indention that the fastener is disposed in, and is cutout of 100, reflex sight, both the fastener and the cutouts are considered the protection receivable) by the other of the attachment section and the optic mounting plate or other optic mounting adapter (Figure 2 depicts: indention cutout that 120, compact shroud sits into for insertion of 124, fastener); the at least one projection including: a neck or other intermediate length and a head or other endmost section ([0013] teaches: fastner such as a screw; Examiner notes that a screw has a head and a neck); wherein the neck or intermediate length has a width that is less than a width of the head or other endmost section, or a shape or orientation that is different than a shape or orientation of the head or other endmost section (Examiner notes that a head of screw is a different shape than the body of the screw, one has a flat portion and one is a cylinder with a point).
Regarding claim 9, York discloses the apparatus of claim 8, wherein the other of the attachment section and the optic mounting plate or other optic mounting adapter, defines: a pocket to receive the head or other endmost section (Figure 3 depicts: a pocket in 100, reflex sight, to receive 124, fastener); and an opening to receive the neck or other intermediate length (Figure 3 depicts: separate pocket and an opening to fit 124, fastener neck and head).
Regarding claim 10, York discloses the apparatus of claim 4, wherein the frame ([0113] discloses: 120, compact shroud) is arranged to edge-mount to the optic mounting plate or other optic mounting adapter (Examiner notes that 120, compact shroud is mounted on the front bottom edge of the shroud to 100, reflex sight; therefore considered edge-mounted).
Regarding claim 11, York discloses the apparatus of claim 4, wherein the frame ([0113] discloses: 120, compact shroud) comprises a fully-enclosed frame (see annotated Figure B below, which is an annotated Figure 2 of York; Examiner notes that the frame has walls on all 4 sides, therefore considered to be a fully enclosed frame).
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Figure B
Regarding claim 14, York discloses the apparatus of claim 4, wherein the frame is arranged to slidingly attach to the optic sight (Figures 2 and 3 depicts: 120, compact shroud, slid into place then rotated down and latched into position; therefore considered to slidingly attach to the optic sight).
Regarding claim 15, York discloses the apparatus of claim 4, wherein the frame ([0113] discloses: 120, compact shroud) defines a fastener opening (Examiner notes that the whole underside of the frame, the part that attaches to 100, sight, is considered the fastener opening base) to fasten the frame to a body of the optic sight (Figure 2 and 3 depict: fastener opening base, fastening 120, compact shroud, to body of 100, optic sight).
Regarding claim 16, York discloses the apparatus of claim 4, wherein the frame ([0113] discloses: 120, compact shroud) includes a top frame member (see annotated Figure C below, which is an annotated Figure 2 of York), side frame members (see annotated Figure C below), and a base (Examiner notes that the whole underside of the frame, the part that attaches to 100, sight, is considered the fastener opening base), wherein back(s) of the top or side members are spaced apart from the front-most light transmissive surface of the optic sight (Examiner notes that the back edge, top right of Figure 2, of the “top frame member” is spaced apart from the front most-light transmissive surface of the optic sight, see annotate Figure A above) or the framing thereof.
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Figure C
Regarding claim 17, York discloses the apparatus of claim 4, wherein the frame ([0113] discloses: 120, compact shroud) is arranged to cantilever to the front of the optic sight (see annotated Figure D below, which is an annotated Figure 4 of Yorks).
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Figure D
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 2 is rejected under 35 U.S.C. § 103 as being unpatentable over York et al. (US 2022/0381536), as applied to claim 1 above, in view of Schulte et al. (US 2021/0156646).
Regarding claim 2, York discloses the apparatus of claim 1.
York fails to disclose an apparatus wherein the additional section includes a slot or opening to receive a modular rear sight. York and Schulte are related because both disclose an optical apparatus.
Schulte teaches an apparatus wherein the additional section (Figure 1 depicts: 100, weapon sight, therefore considered to be analogous to the additional section) includes a slot or opening to receive a modular rear sight ([0033] teaches: 100, weapon sight, may be a modular weapon sight; Figure 1 depicts; 146, front window, where the sight would be viewed; Examiner notes that the weapons sight necessarily has a slot or opening that the front window fits into to display the “rear sight”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of York to incorporate the teachings of Schulte and provide disclose an apparatus wherein the additional section includes a slot or opening to receive a modular rear sight. . Doing so would allow for an integrated sight for accuracy control, thereby improving the overall functionality and performance of the optical sight.
Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over York et al. (US 2022/0381536), as applied to claim 5 above, in view of Kincel et al. (US 2010/0212201).
Regarding claim 6, York discloses the apparatus of claim 5.
York fails to disclose an apparatus wherein the one or more posts or other projections are non-releasably joined to the corresponding one or more openings. York and Kincel are related because both disclose an optical sight apparatus.
Kincel teaches an apparatus wherein the one or more posts or other projections are non-releasably joined to the corresponding one or more openings ([0021] teaches: components are permanently joined together during manufacturing).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of York to incorporate the teachings of Kincel and provide an apparatus wherein the one or more posts or other projections are non-releasably joined to the corresponding one or more openings. Doing so would allow for better stability and ease of manufacturing, thereby improving the overall functionality and quality of the optical apparatus.
Claims 12 and 18-20 are rejected under 35 U.S.C. § 103 as being unpatentable over York et al. (US 2022/0381536), as applied to claim 4 above, in view of Teetzel et al. (US 2016/0010949).
Regarding claim 12, York discloses the apparatus of claim 4.
York fails to disclose an apparatus wherein the frame includes a rear mechanical sight. York and Teetzel are related because both disclose optical sights.
Teetzel teaches an apparatus wherein the frame includes a rear mechanical sight ([0030] teaches: 142, 144, mechanical sights, positioned on 112, frame, see Figure 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of York to incorporate the teachings of Teetzel and provide an apparatus wherein the frame includes a rear mechanical sight. Doing so would allow for an integrated mechanical sight along with the optical sight, thereby improving the overall functionality and quality of the optical sight.
Regarding claim 18, as best understood, York discloses the apparatus of claim 4.
York fails to disclose an apparatus further comprising a rear mechanical sight viewable when looking through the optic sight when the optic sight is mounted to a firearm assembly, wherein a rearmost part of the rear mechanical sight is positioned in front of an emitter of the optic sight. York and Teetzel are related because both disclose a sight apparatus.
Teetzel teaches an apparatus (Figures 1-4) further comprising a rear mechanical sight ([0030] teaches: 142, 144, mechanical sights) viewable when looking through the optic sight when the optic sight is mounted to a firearm assembly (Figure 4 depicts: 142, 144, mechanical sights, viewable when looking through 136, display, that is considered to be the optic sight), wherein a rearmost part of the rear mechanical sight is positioned in front of an emitter of the optic sight (Examiner notes that the right side of 100, sighting assembly, of Figure 4, is considered the front side, therefore 144, mechanical sight, the rearmost part, is positioned in front of 136, display, that is considered the emitter of the optical sight).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of York to incorporate the teachings of Teetzel and provide an apparatus further comprising a rear mechanical sight viewable when looking through the optic sight when the optic sight is mounted to a firearm assembly, wherein a rearmost part of the rear mechanical sight is positioned in front of an emitter of the optic sight. Doing so would allow for an integrated mechanical sight along with the optical sight, thereby improving the overall functionality and quality of the optical sight.
Regarding claim 19, the modified York discloses the apparatus of claim 18, wherein the rear mechanical sight is integrally formed on the frame or releasably coupled to the frame (Teetzel: Figure 4 depicts: 142, 144, mechanical sights, formed on 140, the upper surface of 112, rotating section, that functions as a frame; therefore the rear mechanical sight is integrally formed on the frame and the body of the apparatus; Examiner notes that the same motivation to combine applied to an earlier claim, 18, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Regarding claim 20, The apparatus of claim 18, wherein the rear mechanical sight is integrally formed on a body of the optic sight or releasably coupled to the body of the optic sight (Teetzel: Figure 4 depicts: 142, 144, mechanical sights, formed on 140, the upper surface of 112, rotating section, that functions as a frame; therefore the rear mechanical sight is integrally formed on the frame and the body of the apparatus; Examiner notes that the same motivation to combine applied to an earlier claim, 18, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Claim 13 is rejected under 35 U.S.C. § 103 as being unpatentable over York et al. (US 2022/0381536), as applied to claim 4 above, in view of Zimmer (US 2020/0025522).
Regarding claim 13, York discloses the apparatus of claim 4.
York fails to disclose an apparatus wherein the frame includes a slot or other opening to releasably couple a rear mechanical sight to the frame. York and Zimmer are related because both disclose an optical sight apparatus.
Zimmer teaches disclose an apparatus wherein the frame includes a slot or other opening to releasably couple a rear mechanical sight to the frame ([0038] teaches: 110, optical sight mount, capable of releasably securing the optical sight mount; therefore considered a slot or other opening).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of York to incorporate the teachings of Zimmer and provide an apparatus wherein the frame includes a slot or other opening to releasably couple a rear mechanical sight to the frame. Doing so would allow for a removable and more compact sight, thereby improving the overall functionality and quality of the optical system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Balli (US 11,085,734), Davis (US 9,759,527) and Park (US 2014/0026463) all discloses relevant optical systems.
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/J.C.S./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872