Prosecution Insights
Last updated: April 19, 2026
Application No. 18/440,135

MAGNETIC EYECUP FOR BINOCULARS, SPOTTING SCOPE, OR OTHER OUTPUT OPTICAL DEVICE

Non-Final OA §102
Filed
Feb 13, 2024
Examiner
TALLMAN, ROBERT E
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Leupold & Stevens Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
613 granted / 753 resolved
+13.4% vs TC avg
Moderate +15% lift
Without
With
+14.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
782
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
34.4%
-5.6% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 753 resolved cases

Office Action

§102
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 . 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-22 are rejected under 35 U.S.C. 102 (a2) as being anticipated by Gibbens et. al. US 2022/0397806 A1). Regarding claim 1 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, comprising: an output optical device (80, 90) to magnetically couple to a first side of an adapter system formed of a ferromagnetic material (para. 0033, lines 9-15; para. 0034, lines 13-22), the output optical device including at least one magnetic eyecup (20, 40) including a surface having ferromagnetic material embedded therein (25; para. 0034, lines 13-19), where the surface is configured to rotationally time the adapter system with the output optical device (para. 0034, lines 13-19), maintaining an alignment of an optical axis of an input optical device affixed to a second side of the adapter system to an optical axis of a lens of the output optical device (para. 0034, lines 25-29) for taking picture(s) or video through the lens of the output optical device (para. 0038, lines 15-20). Regarding claim 2 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the adapter system is comprised of a ferromagnetic material and the adapter system is compact (para. 0033, lines 9-15; para. 0034, lines 13-22), having a length or width that is less than a length of width of the input optical device (see fig. 4) Regarding claim 3 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the at least one magnetic eyecup comprises a first magnetic eyecup (40), and where the output optical device further comprises a second magnetic Eyecup (20) (para. 0034, lines 13-20); where the adapter system further comprises a first section comprised of the ferromagnetic material and a second alignment section comprised of the ferromagnetic material or another ferromagnetic material (para. 0034, lines 13-20); where the first section of the adapter system magnetically couples to the surface of the first magnetic eyecup (para. 0034, lines 13-20); and where the second alignment section of the adapter system magnetically couples to a surface of the second magnetic eyecup (para. 0034, lines 13-20). Regarding claim 4 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the first section is part of an adapter body of the adapter system; and where the second alignment section is part of an additional adapter body of the adapter system, or the second alignment section is part of an alignment arm of the adapter body (see figs. 9 and 10; para. 0038). Regarding claim 5 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the second alignment section includes one or more alignment magnets (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 6 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the adapter system further comprises a first section comprised of the ferromagnetic material and a second alignment section (para. 0033, lines 9-15; para. 0034, lines 13-22); wherein the second alignment section magnetically couples to a first part of the surface of a magnetic eyecup of the at least one magnetic eyecup (para. 0033, lines 9-15; para. 0034, lines 13-22); and where the first section magnetically couples to a second different part of the same magnetic eyecup of the at least one magnetic eyecup or to a magnetic cover for the same magnetic eyecup (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 7 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where an eyecup cover of the at least one magnetic eyecup is arranged to magnetically couple to a first section of the adapter system, and where the ay least one magnetic eyecup is arranged to magnetically coupled to a second alignment section of the adapter system (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 8 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the second alignment section includes one or more alignment magnets (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 9 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the input optical device comprises a smartphone and the second side of the adapter system is configured to affix to a subarea of a back side of the smartphone (see fig. 4), where the adapter system comprises one or more adapter bodies, and at least one adapter body of the one or more adapter bodies comprises a ferromagnetic metal plate (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 10 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the surface of the at least one eyecup comprises a non-recessed surface (see fig. 1D; 30; para. 0038 lines 15-22). Regarding claim 11 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, comprising: an adapter system having 1) a first side to couple, via magnetic forces, to at least one eyecup device, and 2) a second opposite side to attach to an input optical device (para. 0033, lines 1-5); the adapter system including a main section and an alignment section to rotationally time the adapter system with the at least one eyecup device, maintaining an alignment of an optical axis of the input optical device to an optical axis associated with the at least one eyecup device (para. 0034, lines 13-29) the main section to couple, via a first magnetic force of the magnetic forces, to the at least one eyecup device; and the alignment section to couple, via a second magnetic force of the magnetic forces, to the at least one eyecup device (para. 0034, lines 13-20). Regarding claim 12 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) a spotting scope, binoculars, or other optic usable with the adapter system of claim 11 (para. 0042, lines 23-26). Regarding claim 13 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the at least one eyecup device comprises at least one magnetic eyecup (para. 0034, lines 13-19). Regarding claim 14 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, further comprising a magnetic eyecup and an eyecup cover; the main section to couple, via the first magnetic force, to one of the magnetic eyecup and the eyecup cover (para. 0034, lines 13-29); the alignment section to couple, via the second magnetic force of the magnetic forces, to the other one of the magnetic eyecup and the eyecup cover (para. 0034, lines 13-20). Regarding claim 15 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where a first exterior region of the spotting scope or other optic magnetically couples to the main section and a second exterior region of the spotting scope or other optic magnetically couples to the alignment section (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 16 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the adapter system comprises a single body (para. 0040, lines 1-5). Regarding claim 17 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the adapter system comprises more than one body, where the main section and the alignment section are part of different bodies of the more than one body (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 18 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the alignment system has a thickness that is less than a thickness of the input optical device (see fig. 4). Regarding claim 19 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the second side is arranged to cover some portion of a back of the input optical device, leaving sides of the input optical device uncovered (srr fig. 4). Regarding claim 20 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the second side is further arranged to cover only part of the back of the input optical device (se fig. 4). Regarding claim 21 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the first and second magnetic forces have different magnitudes (para. 0033, lines 9-15; para. 0034, lines 13-22). Regarding claim 22 Gibbens teaches (figs. 1A–6, 8, 10,12, and 15-16D) an apparatus, where the magnitude of the first magnetic force is greater than the magnitude of the second magnetic force (para. 0033, lines 9-15; para. 0034, lines 13-22). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further optical coupling systems include Yamamoto (US 2009/0268284 A1), Valika et. al. (US 2017/0086650 A1), Hyers (US 10,215,212 B2), Crispin (US 2020/0019042 A1), and Lozano-Buhl et. al. (US 10,945,673 B2). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E TALLMAN whose telephone number is (571)270-3958. The examiner can normally be reached Monday-Friday 10 a.m. -6 p.m.. 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, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Robert E. Tallman/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Feb 13, 2024
Application Filed
Jan 07, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+14.9%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 753 resolved cases by this examiner. Grant probability derived from career allow rate.

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