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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/19/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 (and corresponding dependent claims) is objected to because of the following informalities: in lines 1-2, “an optical data insertion device of the type comprising” should be changed to --an optical data insertion device comprising--. The dependent claims inherit the rejection from their parent claim. Appropriate correction is required.
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.
Claim(s) 1, 2, 7-9, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spink (US 6,304,372 B1).
In regard to claim 1, Spink discloses a viewer device (column 4, line 42 – column 5, line 52, columns 7-9, List of Reference Symbols, Figure 1, Figure 1, “18, 33, 8” re: magnifying optical system) for use with an optical data insertion device (Figure 1, “64, 107”) comprising a projector operable to project a visible image (column 4, line 62 – column 5, line 1, Figure 1, “64, 101,” re: lines, numbers, letters, symbols, areas, etc.) and a light guiding device (Figure 1, “107,” re: light valve) operable to direct light from the projector into another optical device (Figure 1, “102,” deflecting device”), the viewer device comprising: an objective lens (Figure 1, “8”), an eyepiece lens (Figure 1, “18”) and a diffuser screen (Figure 1, “108a”), but does not specifically disclose said diffuser screen provided between the objective lens and eyepiece lens, wherein the diffuser screen is designed and configured to, during use of the viewer device, re-emit or scatter inserted light from a point in a real image constructed by the objective lens.
However, Spink teaches in another embodiment wherein it is desirable for the diffuser screen (Figure 4, “108a,b”) to be provided between the objective lens (Figure 4, “8”) and eyepiece lens (Figure 4, “18”), wherein the diffuser screen is designed and configured to, during use of the viewer device, re-emit or scatter inserted light from a point in a real image constructed by the objective lens (column 3, lines 11-25, Figures 1 & 4, “22a,” re: object detail), for the purpose of superimposing three-dimensional grid lines on an object detail (column 6, lines 53-59). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for said diffuser screen of Spink to be provided between the objective lens and eyepiece lens, wherein the diffuser screen is designed and configured to, during use of the viewer device, re-emit or scatter inserted light from a point in a real image constructed by the objective lens since Spink teaches wherein it is desirable for the purpose of superimposing three-dimensional grid lines on an object detail.
Regarding claim 2, Spink discloses wherein the diffuser screen (Figure 4, “108a”) is provided at the real image plane of the objective lens (Figure 4, “103a,” re: diffuser screen provided at the intermediate image plane (i.e. a real image plane)).
Regarding claim 7, Spink discloses wherein the viewer device is provided within a substantially tubular elongate housing (column 4, line 49 – column 5, line 27, Figure 1, “1, 33”) and substantially opaque, optionally wherein the objective lens is provided within an inlet aperture at a first end of the housing (Figure 1, “8”) and the eyepiece lens is provided within an outlet aperture at a second end of the housing, distal to the first end (Figure 1, “18”), and wherein the housing would inherently be substantially opaque, this being reasonably assumed from the disclosure of a microscope (column 1, lines 6-37) and the need for the housing to be opaque for image light to be transmitted properly within the microscope.
Regarding claim 8, Spink discloses wherein the viewer device comprises an internal power source (column 4, lines 3-13), optionally wherein the viewer device further comprises a cable or connection socket facilitating the powering of an external device.
Regarding claim 9, Spink discloses an optical system comprising said viewer device column 4, line 42 – column 5, line 52, columns 7-9, List of Reference Symbols, Figure 1, Figure 1, “18, 33, 8” re: magnifying optical system), and an optical data insertion device Figure 1, “64, 107”) comprising a projector operable to project a visible image (column 4, line 62 – column 5, line 1, Figure 1, “64, 101,” re: lines, numbers, letters, symbols, areas, etc.) and a light guiding device operable to direct light from the projector into the viewer device (Figure 1, “107,” re: light valve).
Regarding claim 16, Spink discloses a directional apparatus, optionally a weapon, comprising said optical system (column 1, lines 7-37, re: microscope).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spink as applied to claim 1 above, and further in view of Pryor (US 2008/0211779 A1).
Regarding claim 6, Spink discloses as set forth above, but does not specifically disclose wherein the diffuser screen comprises ground glass, a holographic diffuser or a micro-structure diffuser.
However, Spink teaches wherein the diffusing screen can be any optical element on which a thing light beam is scattered on impingement and can be an uncoated glass plate or beam splitter with one surface of which is roughened (column 3, lines 18-25). Within the same field of endeavor, Pryor teaches wherein screen surface (i.e. glass sheet) is roughened in order to scatter light, which is also known as ground glass (page 31, section [0521], Figure 13a, “1337”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the diffuser screen of Spink to comprise ground glass, a holographic diffuser or a micro-structure diffuser since Spink teaches wherein the diffusing screen can be any optical element on which a thing light beam is scattered on impingement and can be an uncoated glass plate or beam splitter with one surface of which is roughened and Pryor teaches a roughened glass surface is also known as ground glass.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spink as applied to claim 16 above, and further in view of Tarlet (FR 2688320 A1).
Regarding claim 17, Spink discloses as set forth above, but does not specifically disclose wherein an external power source for the optical system is mounted to the directional apparatus.
However, Spink teaches wherein power supplies are used light sources used in said invention (column 4, lines 30-14) and within the same field of endeavor, Tarlet teaches wherein the light source is connected to a mounted power source for the purpose of making it removable (page 4, paragraph 6, Figure 2, “15, 9,” re: set of electric batteries). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for an external power source for the optical system of Spink to be mounted to the directional apparatus since Spink teaches wherein power supplies are used light sources used in said invention and within the same field of endeavor, Tarlet teaches wherein the light source is connected to a mounted power source for the purpose of making it removable.
Allowable Subject Matter
Claims 3-5 and 10-15 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: The prior art fails to teach a combination of all the claimed features as presented in claim 3: a viewer device as claimed, specifically wherein the diffuser screen is provided within a field stop aperture.
The prior art fails to teach a combination of all the claimed features as presented in claims 4 and 5: a viewer device as claimed, specifically wherein the diffuser screen comprises a fibre bundle, optionally an elongate fibre bundle or fibre plate.
The prior art fails to teach a combination of all the claimed features as presented in claim 10: a viewer device as claimed, specifically wherein the viewer device is positioned relative to the light guiding device such that the light emitted from the light guiding device is directed substantially into the centre of the objective lens and/or is substantially aligned with the optical axis of the viewer device.
The prior art fails to teach a combination of all the claimed features as presented in claim 11: a viewer device as claimed, specifically wherein the projector is adapted to project an image captured by another imaging device.
The prior art fails to teach a combination of all the claimed features as presented in claim 12: a viewer device as claimed, specifically wherein the light guiding device comprises an elongate light transmitting body, the body tapering from a wider end to a narrower end, the wider end adapted to provide a receiving surface for receiving incident light travelling in the first direction and the narrower end adapted to provide an exit aperture orientated to such that light exits the light guiding device in a second, different, direction.
The prior art fails to teach a combination of all the claimed features as presented in claims 13-15: a viewer device as claimed, specifically wherein the optical system comprises a further optical device aligned with the viewer device, optionally wherein the further optical device and the viewer device are mounted to a common structure, optionally wherein the optical system and the further optical device are mounted such that relative motion is possible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOI/Primary Examiner, Art Unit 2872 February 25, 2026