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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/21/2026 has been entered.
In the Instant Amendment, Claim(s) 1 has/have been amended; Claim(s) 12 and 16-18 was/were cancelled; Claim(s) 1 is/are independent claims. Claims 1-11 and 13-15 have been examined and are pending in this application.
Response to Arguments
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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.
Claim 1-4 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ando et al (US 20180227503 A1) in view of Wright (US 20190098192 A1).
Regarding claim 1, Ando teaches A telescope having at least one viewing channel (observation telescope 10) and at least one display (display device 26), which at least one display is reflected in in the at least one viewing channel, the telescope (Fig. 1) comprising:
a controller (image processor 25);
an energy storage (there is a power source to power everything);
a mode selection wheel (selector dial 27) for calling up at least one function of the telescope, wherein different functions are called up in different positions of the mode selection wheel (para. 0043: “The selector dial 27 is operated so as to enable the image processor 25 to switch among built-in functional modes according to need and, in addition, to set extraction temperatures according to which part of the whole image cast on the infrared light sensor device 23 is to be partially extracted as will be described in detail later. The built-in functional modes include at least, for instance, a partial image display mode in which the thermal image cast on the infrared light sensor device 23 is extracted partially according to set temperatures and displayed on the visible image display device 26 and a non-display mode in which an on-screen image disappears from the screen of the visible image display device 26, in addition to a normal display mode which is conventional”; the user can freely switch to different functions using the selector dial 27),
but fails to teach
a data interface for data exchange; and wherein at least one position of the mode selection wheel can be assigned a function by a user, wherein the function is assigned by the user is freely selectable by the user from amongst multiple functions that are transmitted from an external electronic terminal to the telescope.
However, in the same field of endeavor Wright teaches
a data interface for data exchange; and wherein at least one position of the mode selection wheel can be assigned a function by a user, wherein the function is assigned by the user is freely selectable by the user from amongst multiple functions that are transmitted from an external electronic terminal to the telescope (Figs. 2-4; para. 0016: “Many cameras allow photographers to store settings that they wish to start with, usually in a menu or on the mode dial (sometimes called “Custom”)”; para. 0036: “camera could have some way for the user to store some favorite user defined programs that can be quickly selected on a quick selection knob located on the camera, shown in FIG. 2”; para. 0054: “in step 102, a user may download the one or more user-created, programmed manual modes into a digital camera. The user may use a method for sorting and/or naming the one or more user-created, programmed manual modes that are downloaded for selection during a picture taking process”; para. 0055: “In step 104 of FIG. 4, the user uses the user control of the digital camera to select a user-created, programmed manual mode from the plurality of user-created, programmed manual modes stored in the memory of the digital camera to use for taking the picture as the active shooting mode”; para. 0029: “The user then can download the user created programs to the camera using the memory card, using wireless, or with a cable”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Wright in Ando to have a data interface for data exchange; and wherein at least one position of the mode selection wheel can be assigned a function by a user, wherein the function is assigned by the user is freely selectable by the user from amongst multiple functions that are transmitted from an external electronic terminal to the telescope for improving functionalities of the telescope with added selectable user-created modes yielding a predicted result.
Regarding claim 2, the combination of Ando and Wright teaches everything as claimed in claim 1. In addition, Ando teaches further comprising: at least one camera (camera 16) (para. 0041).
Regarding claim 3, the combination of Ando and Wright teaches everything as claimed in claim 2. In addition, Ando teaches characterized in that the controller is equipped with an image recognition program that is configured to recognize objects in images captured by the camera (para. 0041).
Regarding claim 4, the combination of Ando and Wright teaches everything as claimed in claim 3. In addition, Ando teaches characterized in that the controller is configured to generate a virtual marking frame and to represent it on the display, wherein the controller is further configured to recognize at least one object represented within the marking frame of the display (Figs. 2-3; paras. 0041-0042, 0054).
Regarding claim 8, the combination of Ando and Wright teaches everything as claimed in claim 3. In addition, Ando teaches characterized in that a field of view of the camera is larger than a field of view of the at least one viewing channel, wherein a field-side image section captured by an image capturing sensor of the camera is larger than a field-side image section captured by the at least one viewing channel (Fig .1; paras. 0053-0054: “infrared sighting device 20 is equipped with a field of view 40R almost double as large as the field of view 40 of the observation telescope 10 so as to make the sighting field 40R comparative to the envisioned forward observation sight 45 as shown in FIG. 3(A)”).
Regarding claim 9, the combination of Ando and Wright teaches everything as claimed in claim 1. In addition, Ando teaches characterized in that the controller is configured to provide an object imaged at a current position and orientation of the telescope with a virtual marker and to store the virtual marker (Figs. 1-3; paras. 0054-0058; sighting marker 42R).
Regarding claim 10, the combination of Ando and Wright teaches everything as claimed in claim 9. In addition, Ando teaches characterized in that the controller is configured to display at least one indication showing a user a direction in which the virtual marker is located in case of a change of an orientation of the telescope with respect to the position at which the virtual marker is set (Figs. 3; paras. 0054-0058).
Claim(s) 1-2, 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al (US 20030231393 A1) in views of Hammond (US 20190376764 A1) and Wright (US 20190098192 A1).
Regarding claim 1, Yamamoto teaches A telescope having at least one viewing channel and
a controller (CPU 601);
an energy storage (power supply from the battery box 108);
a mode selection wheel (mode setting dial 105 or navigation display changing switch 107) for calling up at least one function of the telescope, wherein different functions are called up in different positions of the mode selection wheel (Figs. 4-5, 7, 9; paras. 0065-0067),
but fails to teach
at least one display, which at least one display is reflected in in the at least one viewing channel,
a data interface for data exchange; and wherein at least one position of the mode selection wheel can be assigned a function by a user, wherein the function is assigned by the user is freely selectable by the user from amongst multiple functions that are transmitted from an external electronic terminal to the telescope.
However, in the same field of endeavor Hammond teaches
at least one display, which at least one display is reflected in in the at least one viewing channel (Fig. 10; para. 0077: “digital processing circuit 724 may provide image data to the microdisplay 726, which may provide the image data to the prism 1026 to direct the digital data toward the viewing lenses 702”; paras. 0005, 0077-0078).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Hammond in Yamamoto to have at least one display, which at least one display is reflected in in the at least one viewing channel for providing an internal display for providing a reflected display configuration enabling the system to operate in different modes including a low-power mode yielding a predicted result.
Moreover, However, in the same field of endeavor Wright teaches
a data interface for data exchange; and wherein at least one position of the mode selection wheel can be assigned a function by a user, wherein the function is assigned by the user is freely selectable by the user from amongst multiple functions that are transmitted from an external electronic terminal to the telescope (Figs. 2-4; para. 0016: “Many cameras allow photographers to store settings that they wish to start with, usually in a menu or on the mode dial (sometimes called “Custom”)”; para. 0036: “camera could have some way for the user to store some favorite user defined programs that can be quickly selected on a quick selection knob located on the camera, shown in FIG. 2”; para. 0054: “in step 102, a user may download the one or more user-created, programmed manual modes into a digital camera. The user may use a method for sorting and/or naming the one or more user-created, programmed manual modes that are downloaded for selection during a picture taking process”; para. 0055: “In step 104 of FIG. 4, the user uses the user control of the digital camera to select a user-created, programmed manual mode from the plurality of user-created, programmed manual modes stored in the memory of the digital camera to use for taking the picture as the active shooting mode”; para. 0029: “The user then can download the user created programs to the camera using the memory card, using wireless, or with a cable”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Wright in the combination to have a data interface for data exchange; and wherein at least one position of the mode selection wheel can be assigned a function by a user, wherein the function is assigned by the user is freely selectable by the user from amongst multiple functions that are transmitted from an external electronic terminal to the telescope for improving functionalities of the telescope with added selectable user-created modes yielding a predicted result.
Regarding claim 2, the combination of Yamamoto, Hammond and Wright teaches everything as claimed in claim 1. In addition, Hammond teaches further comprising: at least one camera (Fig. 10; paras. 0005, 0045, 0071, 0077-0078).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Hammond in the combination to have further comprising: at least one camera for enabling a digital night vision mode improving functionalities of the device yielding a predicted result.
Regarding claim 11, the combination of Yamamoto, Hammond and Wright teaches everything as claimed in claim 1. In addition, Yamamoto teaches characterized in that the mode selection wheel is arranged on a user-side end face of the telescope (Figs. 4-5, 7, 9; paras. 0065-0067; mode setting dial 105 or navigation display changing switch 107).
Regarding claim 15, the combination of Yamamoto, Hammond and Wright teaches everything as claimed in claim 1. In addition, Hammond/Wright teaches An observation and image capturing system, comprising: at least one telescope according to claim 1 and at least one electronic terminal, wherein the at least one telescope and the at least one electronic terminal are coupled to one another via a connection at least temporarily (Hammond: para. 0101; Wright: paras. 0029, 0054).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Hammond/Wright in the combination to have An observation and image capturing system, comprising: at least one telescope according to claim 1 and at least one electronic terminal, wherein the at least one telescope and the at least one electronic terminal are coupled to one another via a connection at least temporarily for uploading and downloading data allowing user-mode and image sharing yielding a predicted result.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ando et al (US 20180227503 A1) in view of Wright (US 20190098192 A1) as applied to claim 1 above, and further in view of Watanabe et al (US 20230254578 A1) or Enomoto et al (US 20030063209 A1).
Regarding claim 5, the combination of Ando and Wright teaches everything as claimed in claim 1, but fails to teach
the telescope further comprising an actuator element, wherein the controller is configured to calculate, upon actuation of the actuator element based on a detected instantaneous movement of the telescope, an achievable image sharpness for an image to be captured with the camera and to indicate to the user whether the image can be taken with the desired image sharpness and/or to indicate to the user whether the achievable image sharpness is suitable for automatic object recognition.
However, in the same field of endeavor Watanabe/Enomoto teaches
the telescope further comprising an actuator element (a half-press on the shutter button 61 at S306), wherein the controller is configured to calculate, upon actuation of the actuator element based on a detected instantaneous movement of the telescope, an achievable image sharpness for an image to be captured with the camera and to indicate to the user whether the image can be taken with the desired image sharpness and/or to indicate to the user whether the achievable image sharpness is suitable for automatic object recognition (Watanabe: Figs. 3-5, paras. 0064, 0076-0079, 0095; steps S306, S308, S406: “In S406, based on the determined indicator distance L, the motion component N, and the reference direction D, the system control unit 50 displays one or more indicators at least including the blur indicator”; Enomoto: Fig. 9; paras. 0140-0142; release switch 118 to perform AF mode).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Watanabe/Enomoto in the combination to have the telescope further comprising an actuator element, wherein the controller is configured to calculate, upon actuation of the actuator element based on a detected instantaneous movement of the telescope, an achievable image sharpness for an image to be captured with the camera and to indicate to the user whether the image can be taken with the desired image sharpness and/or to indicate to the user whether the achievable image sharpness is suitable for automatic object recognition for providing a shutter switch with multiple functionalities for obtaining better focused images yielding a predicted result.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ando et al (US 20180227503 A1) in view of Wright (US 20190098192 A1) as applied to claim 1 above, and further in view of Khoshnevis et al (US 20020034004 A1).
Regarding claim 6, the combination of Ando and Wright teaches everything as claimed in claim 1, but fails to teach
characterized in that it has at least one memory information on locally occurring animal species and/or field names and/or mountain names and/or points of interest (POIs) and/or that data interface is configured for data exchange with at least one external memory with information on locally occurring animal species and/or field names and/or mountain names and/or points of interest (POIs).
However, in the same field of endeavor Khoshnevis teaches
characterized in that it has at least one memory information on locally occurring animal species and/or field names and/or mountain names and/or points of interest (POIs) and/or that data interface is configured for data exchange with at least one external memory with information on locally occurring animal species and/or field names and/or mountain names and/or points of interest (POIs) (para. 0035).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Khoshnevis in the combination to have characterized in that it has at least one memory information on locally occurring animal species and/or field names and/or mountain names and/or points of interest (POIs) and/or that data interface is configured for data exchange with at least one external memory with information on locally occurring animal species and/or field names and/or mountain names and/or points of interest (POIs) for enabling accessing exotic bird library allowing matching bird's identity in real time yielding a predicted result.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al (US 20030231393 A1) in views of Hammond (US 20190376764 A1) and Wright (US 20190098192 A1) as applied to claim 1 above, and further in view of Francois et al (US 20120162775 A1).
Regarding claim 7, the combination of Yamamoto, Hammond and Wright teaches everything as claimed in claim 1. In addition, Yamamoto teaches at least one focusing lens arranged in the viewing channel (Fig. 1; paras. 0060, 0064).
Moreover, Hammond teaches
further comprising: at least one camera focusing lens and at least one focusing lens arranged in the viewing channel (Fig. 10; paras. 0045, 0071, 0077-0078, 0005).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Hammond to have further comprising: at least one camera focusing lens and at least one focusing lens arranged in the viewing channel for optimizing camera and display focus yielding a predicted result.
However, in the same field of endeavor Francois teaches
wherein the controller is configured to determine a relative position of an image center of a camera image relative to an image center of an image displayed in the at least one viewing channel based on a movement of the focusing lenses (Figs. 3-4; paras. 0003, 0036-0047).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Francois in the combination to have wherein the controller is configured to determine a relative position of an image center of a camera image relative to an image center of an image displayed in the at least one viewing channel based on a movement of the focusing lenses for reducing parallax effects introduced by difference in positioning between the sensors and the eyes for better viewing images yielding a predicted result.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al (US 20030231393 A1) in views of Hammond (US 20190376764 A1) and Wright (US 20190098192 A1) as applied to claim 2 above, and further in view of Mogamiya (US 7164528 B2).
Regarding claim 13, the combination of Yamamoto, Hammond and Wright teaches everything as claimed in claim 2. In addition, Yamamoto teaches
characterized in that it is a binocular (Figs. 1-6),
but fails to teach
characterized in that it is a binocular with a first tube and with a second tube, wherein a first viewing channel extends through the first tube and a second viewing channel extends through the second tube,
- wherein the two tubes are connected to each other by a hinged bridge,
- wherein the two tubes are pivotable about a hinge axis of the hinged bridge to adjust an interpupillary distance,
- and wherein the camera has a camera beam path,
- wherein the hinge axis and an optical axis of the camera beam path are arranged coaxially to each other,
- and wherein a camera tube containing the camera beam path forms the hinge axis of the hinged bridge.
However, in the same field of endeavor Mogamiya teaches
characterized in that it is a binocular with a first tube and with a second tube (Figs. 1-6), wherein a first viewing channel extends through the first tube and a second viewing channel extends through the second tube (Figs. 1-3),
- wherein the two tubes are connected to each other by a hinged bridge (Figs. 1-6),
- wherein the two tubes are pivotable about a hinge axis of the hinged bridge to adjust an interpupillary distance (Figs. 1-6),
- and wherein the camera has a camera beam path (Figs. 1-6),
- wherein the hinge axis and an optical axis of the camera beam path are arranged coaxially to each other (Figs. 1-6),
- and wherein a camera tube containing the camera beam path forms the hinge axis of the hinged bridge (Figs. 1-6).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Mogamiya in the combination to have characterized in that it is a binocular with a first tube and with a second tube, wherein a first viewing channel extends through the first tube and a second viewing channel extends through the second tube, - wherein the two tubes are connected to each other by a hinged bridge, - wherein the two tubes are pivotable about a hinge axis of the hinged bridge to adjust an interpupillary distance, - and wherein the camera has a camera beam path, - wherein the hinge axis and an optical axis of the camera beam path are arranged coaxially to each other, - and wherein a camera tube containing the camera beam path forms the hinge axis of the hinged bridge for providing binoculars that can horizontally level the inclined images indicated on the image-indicating device, without using a complicated mechanism, when the ocular units are rotated to adjust an inter-pupillary distance yielding a predicted result.
Regarding claim 14, the combination of Yamamoto, Hammond and Wright teaches everything as claimed in claim 13. In addition, Mogamiya teaches characterized in that the controller is configured to detect a pivot angle when adjusting an interpupillary distance by pivoting the first and the second tubes against each other, and to perform a position correction of information shown on the display based on the detected pivot angle (Fig. 14; col. 8).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Mogamiya in the combination to have characterized in that the controller is configured to detect a pivot angle when adjusting an interpupillary distance by pivoting the first and the second tubes against each other, and to perform a position correction of information shown on the display based on the detected pivot angle for providing binoculars that can horizontally level the inclined images indicated on the image-indicating device, without using a complicated mechanism, when the ocular units are rotated to adjust an inter-pupillary distance yielding a predicted result.
Alternative Rejections
Lancaster et al (US 20090303457 A1) also teaches at least one display (display 25), which at least one display is reflected in in the at least one viewing channel (of a Binocular). Lancaster can also be used in place of Hammond (US 20190376764 A1) to address the feature for the same reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamada et al (US 5600399 A): FIGS. 20A to 20F are views showing the display state on an LCD for monitor upon selection of a custom function mode by the mode dial 44’ shown in FIG. 19.
McHale et al (US 20140184476 A1): a user may interact with the computing device to purchase and download a new HUD software module from a server (such as an application store, for example) that can be provided to the optical device 100, that may be executed by a processor to generate a HUD having a different look and feel as compared to the HUD 100.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637
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