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
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 10/18/2024 and 4/29/2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamilton (20200049455).
Regarding claim 1, Hamilton discloses a system (Fig 2-Fig 4, [0254], riflescope 200 with a main body 210 and base 200) comprising: a viewing optic (Fig 2-Fig 4, [0250], [0254], [0271], [0919], viewing optic, including but not limited to a riflescope) having an optical system with an objective lens system that focuses a target image from an outward scene to a first focal plane (Fig 1C, Fig 2-4, Fig 30-Fig 36, [0181], [0193], optical system 14 includes an objective lens 16; viewing optic has main optical system comprised of objective lens that focuses from a target down to a focal plane herein referred to as “FFP Target Image”), wherein the first focal plane is located between the objective lens system and an erector system that inverts the target image (Fig 1C, Fig 2-Fig 4, Fig 30-Fig 36, [0181], [0193], [0920], viewing optic has a main optical system comprised of an objective lens system that focuses an image from a target down to a first focal plane, “FFP Target Image”, followed by an erector lens system that inverts the FFP Target Image), an active display configured to generate a digital image that is viewed in the first focal plane of the optical system (Fig 2-Fig 4, Fig 30-Fig 36, [0368], [0921], base has integrated display system comprising active display, base couples to bottom portion of main body having a cavity housing an active display for generating image, lens system that collects light to active display, and a reflective material that directs image from active display to beam combiner where image from active display and target image from objective lens are combined into first focal plane and view simultaneously); and a power pack (3305) configured to attach to the viewing optic and configured to supply power to the viewing optic (Fig 2-Fig 4, Fig 30-Fig 36, [0493], [0494], [0921], power pack comprising 3005 and insertable battery, power pack integrally connectable and attachable to base 220 of 200 and configured to supply power to viewing optic; cavity 3005 extends from each side of base to encase battery; base further having compartment for one or more power sources).
Regarding claim 3, Hamilton discloses wherein the power pack (3305) houses one or more additional batteries (Fig 2-Fig 4, Fig 30-Fig 36, [0493], [0494], [0921], power pack comprising 3005 and insertable battery, power pack integrally connectable and attachable to base 220 of 200 and configured to supply power to viewing optic; cavity 3005 extends from each side of base to encase battery; base further having compartment for one or more power sources).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4, 6, 7, 9-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hamilton (20200049455) in view of Alsheuski (20190297232).
Regarding claim 4, Hamilton discloses the invention as described within claim 3 but does not teach wherein the power pack recharges the one or more batteries in the compartment of the viewing optic. However, in a similar endeavor, Alsheuski teaches wherein the power pack recharges the one or more batteries in the compartment of the viewing optic ([0021], power can be directed to recharge the internal rechargeable battery 114 or user-replaceable battery 116). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to have modified the power pack of Hamilton by employing the connector for a power pack as taught by Alsheuski for the purpose of having a simple and efficient process for charging the batteries without removing them from a viewing optic (Alsheuski, [0020]).
Regarding claim 6, Hamilton discloses the invention as described within claim 1 but does not teach wherein the power pack has a connector configured to draw power from another power source. However, Alsheuski teaches wherein the power pack has a connector configured to draw power from another power source (Fig 1-Fig 2, [0019]-[0020], internal rechargeable battery 114 is used to provide power to components and functions associated with the illustrated digitally-based, thermal scope 101; charged user-replaceable battery 116 is re-installed, the digitally-based, thermal scope 101 can switch power consumption back to the user-replaceable battery 116). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to have modified the power pack of Hamilton by employing the connector for a power pack as taught by Alsheuski for the purpose of having a simple and efficient process for charging the batteries without removing them from a viewing optic (Alsheuski, [0020]).
Regarding claim 7, Hamilton discloses a system (Fig 2-Fig 4, [0254], riflescope 200 with a main body 210 and base 200) comprising: a viewing optic (Fig 2-Fig 4, [0250], [0254], [0271], [0919], viewing optic, including but not limited to a riflescope) with an optical system with an objective lens system that focuses a target image from an outward scene to a first focal plane (Fig 1C, Fig 2-4, Fig 30-Fig 36, [0181], [0193], optical system 14 includes an objective lens 16; viewing optic has main optical system comprised of objective lens that focuses from a target down to a focal plane herein referred to as “FFP Target Image”); an erector system (erector system 25) that inverts the target image (Fig 1C, Fig 2-Fig 4, Fig 30-Fig 36, [0181], [0193], [0920] viewing optic has a main optical system comprised of an objective lens system that focuses an image from a target down to a first focal plane, “FFP Target Image”, followed by erector lens system that inverts “FFP Target Image”); a beam combiner placed between the objective lens system and the erector lens system (Fig 2-Fig 4, Fig 30-Fig 36, [0911], [0920], beam combiner that is placed between objective lens system and the first focal plane); and an active display configured to generate an image, wherein the generated digital image and the target image are viewed in the first focal plane (Fig 2-Fig 4, Fig 30-Fig 36, [0368], [0921], base has integrated display system comprising an active display; base that couples to a bottom portion of main body have a cavity housing an active display for generating an image, lens system that collects light from active display, and reflective material that directs image from active display to beam combiner where image from active display and target image from objective lens are combined into first focal plane and view simultaneously), a compartment for one or more batteries (Fig 2-Fig 4, Fig 30-Fig 36, [0493], [0494], [0921], power pack comprising 3005 and insertable battery, power pack integrally connectable and attachable to base 220 of 200 and configured to supply power to viewing optic; cavity 3005 extends from each side of base to encase battery; base further having compartment for one or more power sources); but does not teach a power pack that attaches to the compartment of the viewing optic. However, Alsheuski teaches a power pack that attaches to the compartment of the viewing optic (Fig 1-Fig 2, [0016], [0019], [0020], user-replaceable battery 116 (within battery turret 118 and secured with a removable battery turret cap 120). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to have modified the power pack of Hamilton by employing the connector for a power pack as taught by Alsheuski for the purpose of having a simple and efficient process for charging the batteries without removing them from a viewing optic (Alsheuski, [0020]).
Regarding claim 9, Hamilton in view of Alsheuski discloses the invention as described within 7 and Hamilton further teaches wherein the power pack (3305) houses one or more additional batteries (Fig 2-Fig 4, Fig 30-Fig 36, [0493], [0494], [0921], power pack comprising 3005 and insertable battery, power pack integrally connectable and attachable to base 220 of 200 and configured to supply power to viewing optic; cavity 3005 extends from each side of base to encase battery; base further having compartment for one or more power sources).
Regarding claim 10, Hamilton in view of Alsheuski discloses the invention as described within 9 and Alsheuski further teaches wherein the power pack provides power to the viewing optic ([0020], user-replaceable battery 116 can be used to extend allowable time-of-use for the digitally-based, thermal scope 101). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to have modified the power pack of Hamilton by employing the connector for a power pack as taught by Alsheuski for the purpose of having a simple and efficient process for charging the batteries without removing them from a viewing optic (Alsheuski, [0020]).
Regarding claim 11, Hamilton discloses the invention as described within claim 7 but does not teach wherein the power pack recharges the one or more batteries in the compartment. However, Alsheuski teaches wherein the power pack recharges the one or more batteries in the compartment ([0021], power can be directed to recharge the internal rechargeable battery 114 or user-replaceable battery 116). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to have modified the power pack of Hamilton by employing the connector for a power pack as taught by Alsheuski for the purpose of having a simple and efficient process for charging the batteries without removing them from a viewing optic (Alsheuski, [0020]).
Regarding claim 13, Hamilton discloses the invention as described within claim 7 but does not teach wherein the power pack has a connector configured to draw power from another power source. However, Alsheuski teaches wherein the power pack has a connector configured to draw power from another power source ([0021], external power is available (for example, using a USB port or other external port (not illustrated)) and whether the internal rechargeable battery 114 or user-replaceable battery 116 is in a low-power state). It would have been obvious to one of ordinary skill in the art at the time of the invention was filed to have modified the power pack of Hamilton by employing the connector for a power pack as taught by Alsheuski for the purpose of having a simple and efficient process for charging the batteries without removing them from a viewing optic (Alsheuski, [0020]).
Allowable Subject Matter
Claims 14-19 are allowed.
Claims 2, 5, 8, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject
matter: with respect to the allowable subject matter, none of the prior art either alone or
in combination disclose or teach of the claimed combination of limitations to warrant a
rejection under 35 USC 102 or 103.
Specifically, with respect to dependent claim 2, the prior art of Hamilton taken either singly or in combination with any other prior art fails to suggest such a system including the specific arrangement: “wherein the viewing optic further comprises a compartment for one or more batteries and having a cap, wherein the power pack attaches to the cap of the compartment”.
Specifically, with respect to dependent claim 5, the prior art of Hamilton taken either singly or in combination with any other prior art fails to suggest such a system including the specific arrangement: “wherein the viewing optic further comprises a locking lever that secures the power pack to the viewing optic”.
Specifically, with respect to dependent claim 8, the prior art of Hamilton taken either singly or in combination with any other prior art fails to suggest such a system including the specific arrangement: “wherein the power pack attaches to a cap of the compartment”.
Specifically, with respect to dependent claim 12, the prior art of Hamilton taken either singly or in combination with any other prior art fails to suggest such a system including the specific arrangement: “wherein the viewing optic further comprises a locking lever that secures the power pack to the viewing optic”.
Specifically, with respect to independent claim 14, the prior art of Hamilton taken either singly or in combination with any other prior art fails to suggest such a system including the specific arrangement: “ a viewing optic having an optical system for viewing a target image, an erector system that inverts the target image, and an active display configured to generate an image, wherein the generated image is combined into the target image in a first focal plane of the optical system that is located between an objective lens system and the erector system, a compartment for one or more batteries; a cap coupled to the compartment; and a power pack that attaches to the cap of the compartment”. Claims 15-19 are allowable due to dependency on independent claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hamilton (20190324260), Havens (20180224241), and Edwards (20140226214) are examples of a viewing optic with an integrated display system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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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.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872