DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species 1, Figures 67 and 68, claims 1-15, 17 and 18, in the reply filed on February 12, 2026 is acknowledged.
Claims 16 and 19-21 str withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 12, 2026.
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, 2, 7 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chengdu Yiming Semiconductor (CN 213146490).
As to claim 1, Chengdu Yiming Semiconductor discloses an aiming plate 24 comprising:
a central hole 22 defining a central axis;
a mounting hole A disposed about the central axis and away from the central hole a first minimum distance (Figure 1 reprinted below with annotations); and
a first straight surface B that is spaced away from the central hole a second minimum distance that is larger than the first minimum distance;
wherein the aiming plate is capable of being interposed between a structural member (not shown; affixed to bracket 1) and an adjustable armature X (Figure 4 reprinted below with annotations; Figures 1-4).
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As to claim 2, Chengdu Yiming Semiconductor discloses an aiming plate comprising a second straight surface C that is parallel to the first straight surface B, and the first straight surface and the second straight defines a first plane and a second plane that do not intersect the central axis (Figures 1-4).
As to claim 7, Chengdu Yiming Semiconductor discloses an aiming plate 24 comprising:
a central circular hole 22 defining a central axis, and a radial direction;
a first mounting hole A disposed about the central axis and away from the central circular hole a first minimum distance; and
a second mounting hole A disposed about the central axis and away from the central circular hole the first minimum distance;
wherein the aiming plate defines a radially varying outer perimeter including an angle indicator D with a substantially radially extending surface and is capable of being interposed between a structural member (not shown; affixed to bracket 1) and an adjustable armature X (Figure 4 reprinted below with annotations; Figures 1-4).
As to claim 14, Chengdu Yiming Semiconductor discloses an aiming plate 24 comprising:
a central circular hole 22 defining a central axis, and a radial direction;
an array of mounting holes A disposed about the central circular hole; and
an outer perimeter including a pair of arcuate surfaces E,F, and a pair of parallel surfaces B,C;
wherein the pair of arcuate surfaces define a radius of curvature measured from the central axis to the pair of arcuate surfaces, and the pair of parallel surfaces are spaced away from central axis a minimum radial dimension, and a ratio of the radius of curvature to the minimum radial dimension ranges from 1.1 to 1.4, and the aiming plate is capable of being interposed between a structural member (not shown; affixed to bracket 1) and an adjustable armature X (Figure 4 reprinted below with annotations; Figures 1-4).
Claims 1-14, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Byd (WO 2018/095289).
As to claim 1, Byd discloses an aiming plate 61 comprising:
a central hole A defining a central axis (Figure 12b reprinted below with annotations);
a mounting hole B disposed about the central axis and away from the central hole a first minimum distance; and
a first straight surface C that is spaced away from the central hole a second minimum distance that is larger than the first minimum distance;
wherein the aiming plate is capable of being interposed between a structural member 41 and an adjustable armature 71 (Figures 1-3, 12a-12c).
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As to claim 2, Byd discloses an aiming plate comprising a second straight surface D that is parallel to the first straight surface C, and the first straight surface and the second straight defines a first plane and a second plane that do not intersect the central axis (Figures 1-3, 12a-12c).
As to claim 3, Byd discloses an aiming plate comprising a first angle indicator 612 that extends from the first straight surface to a radial extremity of the aiming plate (Figures 1-3, 12a-12c).
As to claim 4, Byd discloses an aiming plate wherein the first angle indicator 612 includes a third straight surface E that defines a plane that intersects the central axis (Figures 1-3, 12a-12c).
As to claim 5, Byd discloses an aiming plate comprising a second angle indicator 612 that extends from the second straight surface D to a radial extremity of the aiming plate (Figures 1-3, 12a-12c).
As to claim 6, Byd discloses an aiming plate wherein the second angle indicator 612 includes a fourth straight surface F that defines a plane that intersects the central axis (Figures 1-3, 12a-12c).
As to claim 7, Byd discloses an aiming plate 61 comprising:
a central circular hole A defining a central axis, and a radial direction;
a first mounting hole B disposed about the central axis and away from the central circular hole a first minimum distance; and
a second mounting hole B disposed about the central axis and away from the central circular hole the first minimum distance;
wherein the aiming plate defines a radially varying outer perimeter including an angle indicator 612 with a substantially radially extending surface and is capable of being interposed between a structural member 41 and an adjustable armature 71 (Figures 1-3, 12a-12c).
As to claim 8, Byd discloses an aiming plate defining a third mounting hole B, and a fourth mounting hole B, forming a rectangular array centered about the central axis (Figures 1-3, 12a-12c).
As to claim 9, Byd discloses an aiming plate wherein the rectangular array is a square array (Figures 1-3, 12a-12c).
As to claim 10, Byd discloses an aiming plate wherein the radially varying outer perimeter includes a first notch X defined by a first segment defining a first segment length, and a second segment defining a second segment length that is less than the first segment length, and the rectangular array defines a major axis, and a minor axis (Figures 1-3, 12a-12c).
As to claim 11, Byd discloses an aiming plate wherein the minor axis is parallel to the first segment (Figures 1-3, 12a-12c).
As to claim 12, Byd discloses an aiming plate wherein the radially varying outer perimeter includes a first angle indicator 612 defining a radial extremity of the radially varying outer perimeter that is spaced a first minimum radial distance from the central axis, and a first flat surface C that is spaced a second minimum radial distance from the central axis, and a ratio of the first minimum radial distance to the second minimum radial distance ranges from 1.75 to 2.25 (Figures 1-3, 12a-12c).
As to claim 13, Byd discloses an aiming plate comprising a second flat surface D that is parallel to the first flat surface C (Figures 1-3, 12a-12c).
As to claim 14, Byd discloses an aiming plate 61 comprising:
a central circular hole A defining a central axis, and a radial direction;
an array of mounting holes B disposed about the central circular hole; and
an outer perimeter including a pair of arcuate surfaces Y,Y’, and a pair of parallel surfaces C,D;
wherein the pair of arcuate surfaces define a radius of curvature measured from the central axis to the pair of arcuate surfaces, and the pair of parallel surfaces are spaced away from central axis a minimum radial dimension, and a ratio of the radius of curvature to the minimum radial dimension ranges from 1.1 to 1.4, and the aiming plate is capable of being interposed between a structural member 41 and an adjustable armature 71 (Figures 1-3, 12a-12c).
As to claim 17, Byd discloses an aiming plate wherein the outer perimeter includes a first L-shaped cutout X (Figures 1-3, 12a-12c).
As to claim 18, Byd discloses an aiming plate wherein the outer perimeter includes a second L-shaped cutout X that forms a circular array about the central axis with the first L-shaped cutout X (Figures 1-3, 12a-12c).
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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chengdu Yiming Semiconductor.
As to claim 15, Chengdu Yiming Semiconductor fails to explicitly disclose an aiming plate wherein the radius of curvature ranges from 2.25 inches to 2.75 inches. Chengdu Yiming Semiconductor does not disclose any structural or functional significance as to the specific radius of curvature of the aiming plate.
Applicant is reminded that a change in the size of a prior art device, wherein there is no structural or functional significance disclosed as to the specific size of an element, is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the aiming plate disclosed by Chengdu Yiming Semiconductor wherein the radius of curvature ranges from 2.25 inches to 2.75 inches, as Chengdu Yiming Semiconductor does not disclose any structural or functional significance as to the specific radius of curvature of the aiming plate, and as such change in size is a design consideration within the skill of the art that would yield expected and predictable results; and as it would be expected that one of ordinary skill in the art would routinely experiment to arrive at the optimum or workable dimensions for a given application.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Byd.
As to claim 15, Byd fails to explicitly disclose an aiming plate wherein the radius of curvature ranges from 2.25 inches to 2.75 inches. Byd does not disclose any structural or functional significance as to the specific radius of curvature of the aiming plate.
Applicant is reminded that a change in the size of a prior art device, wherein there is no structural or functional significance disclosed as to the specific size of an element, is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the aiming plate disclosed by Byd wherein the radius of curvature ranges from 2.25 inches to 2.75 inches, as Byd does not disclose any structural or functional significance as to the specific radius of curvature of the aiming plate, and as such change in size is a design consideration within the skill of the art that would yield expected and predictable results; and as it would be expected that one of ordinary skill in the art would routinely experiment to arrive at the optimum or workable dimensions for a given application.
Response to Arguments
Applicant's arguments filed April 30, 2026 have been fully considered but they are not persuasive.
As to claims 1, 7 and 14, Attorney argues that:
Chengdu Yiming Semiconductor fails to disclose an aiming plate wherein the aiming plate is configured to be interposed between a structural member and an adjustable armature, as aiming plate bracket 24 of the Chengdu Yiming Semiconductor reference is part of the adjustable armature.
Examiner disagrees. As to claims 1, 7 and 14, Chengdu Yiming Semiconductor discloses an aiming plate 24 wherein the aiming plate is capable of being interposed between a structural member (not shown; affixed to bracket 1) and an adjustable armature X (Figure 4 reprinted above with annotations).
As to Attorney’s argument that aiming plate bracket 24 of the Chengdu Yiming Semiconductor reference is part of the adjustable armature, Examiner notes that claims 1, 7 and 14 each fail to positively recite the structural member nor the adjustable armature as positively claimed elements of the claimed invention, and merely recite such elements as intended use functional limitations. Moreover, claims 1, 7 and 14 recite the intended use functional limitations of the aiming plate being configured to be interposed between a structural member and an adjustable armature; such limitations merely reciting an intended location of the aiming plate between a structural member and an armature. Such limitations fail to positively require a structural member nor an armature, nor clearly define what structural features and/or elements define such members; and fail to clearly define the aiming plate as a separately-formed component from such members.
As to claims 1, 7 and 14, Attorney argues that:
Byd fails to disclose an aiming plate wherein the aiming plate is configured to be interposed between a structural member and an adjustable armature, as the aiming plate of the Byd reference is a completely different field of endeavor and non-analogous art.
Examiner disagrees. As to claims 1, 7 and 14, Byd discloses an aiming plate wherein the aiming plate is capable of being interposed between a structural member 41 and an adjustable armature 71 (Figures 1-3, 12a-12c).
As to Attorney’s argument that the aiming plate of the Byd reference is a completely different field of endeavor and non-analogous art, Examiner notes that claims 1-14, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Byd reference; not under 35 USC 103. Accordingly, such arguments alleging the application of non-analogous art are moot, as the Byd reference has not been applied as a teaching reference within a 35 USC 103 rejection.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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05/11/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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