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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 8/5/2022. It is noted, however, that applicant has not filed a certified copy of the CN202210937032.9 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/22/2024 and 3/18/2025 were considered by the examiner.
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.
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.
Claims 1 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tai (US 2012/0033195) in view of Flaster et al. (US 2019/0242675), and further in view of Ouderkirk et al. (US 2020/0103659).
Regarding Claim 1, Tai discloses a dot sight (Fig. 1, Fig. 2), comprising:
a sight mount, wherein a first chamber extending along an axial direction of the sight mount is formed in the sight mount, and an end of the first chamber close to an object side communicates with the outside (see annotated Fig. 2 below);
a sight frame provided at a circumferential side of the sight mount close to an eye side, wherein a second chamber penetrating through the sight frame along an axial direction, and a through opening communicating the second chamber and the first chamber are formed in the sight frame (see annotated Fig. 2 below);
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a light source (Fig. 1, display 112 and Fig. 2, display 212) member provided at the end of the first chamber close to the object side, and configured to emit light to the eye side,
a reflector provided in the first chamber (Fig. 2, mirror 222), and corresponding to the through opening; and
a beam combiner (Fig. 2, beam combiner 224) provided in the second chamber
Tai does not specifically disclose wherein an axial position of the light source member relative to the sight mount is adjustable; a collimator lens set provided in the first chamber, and provided at a side of the light source member close to the eye side; … a beam splitter prism provided in the second chamber, wherein the beam splitter prism comprises a first prism and a second prism cemented to each other, and a reflective film is provided on a cemented plane of the first prism and the second prism.
However, Flaster, in the same field of endeavor, teaches wherein an axial position of the light source member relative to the sight mount is adjustable (Paragraph 0055, lines 1-5); a collimator lens (Fig. 1, collimator 120, Paragraph 0051, lines 1-16) set provided in the first chamber, and provided at a side of the light source member close to the eye side, for the purpose of adjusting the size and brightness of a pointing dot.
Ouderkirk, in the same field of endeavor, additionally teaches a beam splitter prism provided in the second chamber (Fig. 2), wherein the beam splitter prism comprises a first prism (Fig. 2, 232) and a second prism (Fig. 2, 234) cemented to each other (Fig. 2, adhesive 240 and adhesive 242, Paragraph 0039), and a reflective film (Fig. 2, reflective polarizer 206, Paragraph 0030 and 0038) is provided on a cemented plane of the first prism and the second prism, for the purpose of selectively allowing certain light to reach the eye of the user.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the dot sight of Tai does with the wherein an axial position of the light source member relative to the sight mount is adjustable; a collimator lens set provided in the first chamber, and provided at a side of the light source member close to the eye side, of Flaster, with a beam splitter prism provided in the second chamber, wherein the beam splitter prism comprises a first prism and a second prism cemented to each other, and a reflective film is provided on a cemented plane of the first prism and the second prism, of Ouderkirk for the purpose of adjusting the size and brightness of a pointing dot and for the purpose of selectively allowing certain light to reach the eye of the user.
Regarding Claim 13, Tai in view of Flaster, and further in view of Ouderkirk discloses as is set forth above and Flaster further discloses wherein the dot sight further comprises a battery and/or a solar panel electrically connected to the light source member and configured to supply power to the light source member (Paragraph 0052, Fig. 1, power source 130 can be a battery), for the purpose of adjusting the size and brightness of a pointing dot.
Allowable Subject Matter
Claims 14-19 are allowed.
Regarding Claim 14, Tai (US 2012/0033195) discloses a dot sight (Fig. 1, Fig. 2), comprising:
a sight mount, wherein a first chamber extending along an axial direction of the sight mount is formed in the sight mount, (see annotated Fig. 2 below);
a sight frame provided at a circumferential side of the sight mount close to an eye side, wherein a second chamber penetrating through the sight frame along an axial direction, and a through opening communicating the second chamber and the first chamber are formed in the sight frame (see annotated Fig. 2 below);
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a light source (Fig. 1, display 112 and Fig. 2, display 212) member provided at the end of the first chamber close to the object side, and configured to emit light to the eye side,
a reflector provided in the first chamber (Fig. 2, mirror 222), and corresponding to the through opening.
Ouderkirk et al. (US 2020/0103659), in the same field of endeavor, additionally teaches a beam splitter prism provided in the second chamber (Fig. 2), wherein the beam splitter prism comprises a first prism (Fig. 2, 232) and a second prism (Fig. 2, 234) cemented to each other (Fig. 2, adhesive 240 and adhesive 242, Paragraph 0039), and a reflective film (Fig. 2, reflective polarizer 206, Paragraph 0030 and 0038) is provided on a cemented plane of the first prism and the second prism.
Flaster et al. (US 2019/0242675), in the same field of endeavor, teaches a collimator lens (Fig. 1, collimator 120, Paragraph 0051, lines 1-16) set provided in the first chamber.
Neither Tai (US 2012/0033195), Ouderkirk et al. (US 2020/0103659), nor Flaster et al. (US 2019/0242675) specifically disclose “… wherein the collimator lens set comprises a first lens, a second lens, and a third lens sequentially arranged and having a refractive capability; the first lens and the second lens are provided between the light source member and the reflector; the third lens is provided between the second lens and the beam splitter prism; the first lens and the third lens are fixed relative to the sight mount; and an axial position of the second lens relative to the sight mount is adjustable.”.
Additionally, neither Summerfield et al. (US 10,534,166), Summerfield et al. (US 2019/0219813), Jeung et al. (US 10,655,932), Jeung et al. (US 2019/0204047), Joannes (US 2009/0265974), Brumfield et al. (US 10,948,264), Gose et al. (US 2013/0333266), Karcher (US 2012/0097741), Derushia et al. (US 10,488,646), Derushia et al. (US 2019/0041626), Hammond (US 2019/0376764), Hodelin et al. (US 11,092,796), Hodelin et al. (US 2019/0129162), Libotte et al. (US 2020/0386516), Ben-Ami (US 2014/0075820), Morley (US 9,069,172), Masarik et al. (US 2021/0372737), Parker et al. (US 2023/0176388), nor Gaber (US 2012/0262615) remedy the deficiencies of Tai (US 2012/0033195), Ouderkirk et al. (US 2020/0103659), and Flaster et al. (US 2019/0242675).
Reasons for Allowance/Examiner’s Comments
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, regarding the allowability of independent claim 14: The prior art of record does not disclose or suggest dot sight comprising “… wherein the collimator lens set comprises a first lens, a second lens, and a third lens sequentially arranged and having a refractive capability; the first lens and the second lens are provided between the light source member and the reflector; the third lens is provided between the second lens and the beam splitter prism; the first lens and the third lens are fixed relative to the sight mount; and an axial position of the second lens relative to the sight mount is adjustable.”, along with other claim limitations. Claims 15-19 are allowable due to pendency on independent claim 14.
Allowable Subject Matter
Claims 2, 3-8, 9-11, 12, and 20 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 claim 2, none of the prior art either alone or in combination disclose or teach a dot sight including, as the distinguishing feature(s) in combination with the other limitations, wherein the light source member is threadedly connected to the sight mount.
Specifically, with respect to claim 3, none of the prior art either alone or in combination disclose or teach a dot sight including, as the distinguishing feature(s) in combination with the other limitations, wherein the dot sight further comprises an inner tube provided at the end of the first chamber close to the object side, and a first adjustment mechanism provided at an end of the inner tube close to the eye side; a first ball head is provided convexly at a circumferential side of the inner tube; a first ball socket is provided concavely on a wall of the first chamber; the first ball head is hinged to the first ball socket; the first adjustment mechanism is configured to drive the inner tube to rotate; a third chamber penetrating through the inner tube along an axial direction is formed in the inner tube; the light source member is provided in the third chamber; and an axial position of the light source member relative to the inner tube is adjustable.
Specifically, with respect to claim 9, none of the prior art either alone or in combination disclose or teach a dot sight including, as the distinguishing feature(s) in combination with the other limitations, wherein the end of the first chamber close to the object side is sequentially provided with a second mounting hole and a second through hole from the object side to the eye side; and the dot sight further comprises a second adjusting rod and a second pressure ring; the second adjusting rod is rotatably provided in the second mounting hole; the second pressure ring is connected to an end of the sight mount close to the object side, and restricts the second adjusting rod from moving axially along the second mounting hole; an end of the second adjusting rod close to the eye side is provided with an axially extending second connecting hole; the light source member comprises one end connected to the second connecting hole, and the other end penetrating through the second through hole; and the second adjusting rod in rotation drives the light source member to move axially relative to the second through hole.
Specifically, with respect to claim 12, none of the prior art either alone or in combination disclose or teach a dot sight including, as the distinguishing feature(s) in combination with the other limitations, wherein the collimator lens set comprises a first lens, a second lens, and a third lens sequentially arranged from the object side to the eye side and having a refractive capability; the first lens and the second lens are provided between the light source member and the reflector; and the third lens is provided at the through opening; or the first lens, the second lens, and the third lens are provided between the light source member and the reflector.
Specifically, with respect to claim 20, none of the prior art either alone or in combination disclose or teach a dot sight including, as the distinguishing feature(s) in combination with the other limitations, wherein the collimator lens set comprises a first lens, a second lens, and a third lens sequentially arranged from the object side to the eye side and having a refractive capability; the first lens and the second lens are provided between the light source member and the reflector; and the third lens is provided at the through opening; or the first lens, the second lens, and the third lens are provided between the light source member and the reflector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on (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 R ALEXANDER/ Primary Examiner, Art Unit 2872