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
The instant application having Application No. 18/636,511 filed on 4/16/2024 is presented for examination by the Examiner.
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the Applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Election/Restrictions
Applicant’s election with traverse of Group I, claims 1-16 in the reply filed on 6/11/2026 is acknowledged. The traversal on the grounds given below is not found persuasive for the reasons given below.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made timely with traverse in the reply filed on 6/11/2026.
Regarding the Office’s restriction requirement of 4/29/2026, Applicant stated that “Restriction is proper only where examination cannot be made without serious burden. M.P.E.P. 803 states that "If the search and examination of all the claims in an application can be made without serious burden, the examiner must examine them on the merits, even though they include claims to independent or distinct inventions." Here, the Groups are so few in number and so closely related so as to avoid any serious burden on the USPTO in examining the Groups together. Applicant should not be forced to incur the substantial costs of dividing the invention across multiple applications and it is respectfully requested that the Restriction Requirement be withdrawn and that all claims pending herein be examined together”, see p. 1 of the Remarks.
Applicant’s argument has been fully considered but it is not persuasive. Search area for invention I is related to coupling parts with a built-in electric apparatus whereas the search area of invention II is related to coupling parts with mechanical means. The Office notes that each of the above search fields is related to different features, i.e., electrical and mechanical parts. In addition, the non-common entries of the two search fields are substantial.
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.
Claims 1-2, 5-7, 11-12, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goupil et al. (US 2020/0225488, hereinafter, “Goupil”).
Regarding claim 1, Goupil discloses a powered helmet mount adaptor (100’, 200’) for powering a helmet-mounted viewing device 400 (Fig. 3, 4, 5), the adaptor comprising:
a hot shoe assembly (100’, 200’) configured to replace an existing mounting adaptor (100, 200) on the helmet-mounted viewing device, the hot shoe assembly having a plurality of electrical contacts 110’ structured and operable to receive power via a receiver 708 on an associated helmet mount assembly 700 (Fig. 1, 5, 6, 7, 8, [0006], [0065], [0069]-[0070], [0074]-[0076]. Here, under the Broadest Reasonable Interpretation, the hot shoe assembly (100’, 200’) replaces the hot show assembly (100, 200) as it provides electrical power to the viewing device 400);
and a power cable 217, 702 integral with the hot shoe assembly, the power cable having a first end integral with the hot shoe assembly and a second end opposite the first end, the second end having a connector 210’’ configured to mate with a power inlet 200’’ on the helmet-mounted viewing device (Fig. 7, 8, [0080]-[0081]).
Regarding claim 2, Goupil discloses the powered mounting adaptor of claim 1, wherein
the hot shoe assembly comprises: a hot shoe housing base 100 secured to a hot shoe housing cover 200; a terminal block intermediate said hot shoe housing base and said hot shoe housing cover (see central section in 100), said terminal block having said plurality of electrical contacts 103-110 thereon, said plurality of electrical contacts configured to electrically couple with aligned electrical contacts on the receiver (Fig. 1, 3, 4, 8).
Regarding claim 5, Goupil discloses the powered mounting adaptor of claim 2, further comprising:
said hot shoe housing base 100 having (a) a base lower surface (lower surface of 100) configured to face toward the night vision device; (b) a base upper surface opposite said base lower surface (upper surface of 100); and (c) a groove 112 in said base upper surface (Fig. 1); and
said hot shoe housing cover 200 having (a) a cover lower surface 215 facing said base upper surface; (b) a cover upper surface opposite said cover lower surface (upper surface of 200); and (c) a notch 212 formed in said cover lower surface; wherein said groove and said notch cooperate to define a passageway for said cable (Fig. 2, 3, 4, 7, [0073], the groove 112 of the base upper surface cooperates with a respective notch in the cover lower surface as the two parts are attached. The cable 702 passes through the passageway).
Regarding claim 6, Goupil discloses the powered mounting adaptor of claim 2, wherein
said hot shoe housing base and said hot shoe housing cover cooperate to define a cavity for receiving material to secure said plurality of electrical contact and seal against entry of moisture and/or other environmental contaminants into said cavity (Fig. 2, see the bottom of 200. Here, the recitation after "for receiving" is functional/intended use language. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations (Ex parte Mashim, 2 USPQ2d 1647 (1987)).
Regarding claim 7, Goupil discloses the powered mounting adaptor of claim 1, wherein
said connector is a plug connector (Fig. 12).
Regarding claim 11, Goupil discloses the powered mounting adaptor of claim 1, wherein
said hot shoe assembly includes one or more lips 214 extending from said housing cover 200 configured to facilitate detachable engagement with the hot shoe receiver (Fig. 2, 5, it is noted that detachment of cover 200 from base 100 also causes detachment from receiver 708).
Regarding claim 12, Goupil discloses a night vision assembly comprising the powered mounting adaptor of claim 1 in combination with the viewing device (Fig. 5).
Regarding claim 16, Goupil discloses a kit of components usable together, the kit comprising: the night vision assembly of claim 12; and
a helmet mount assembly 700 attachable to a helmet 500 and configured to detachably couple to said powered mounting adaptor (Fig. 5).
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Goupil.
Regarding claim 3, Goupil discloses the powered mounting adaptor of claim 2.
Goupil does not disclose said hot shoe housing base includes a clearance opening configured to receive a threaded fastener for securing the hot shoe assembly to viewing device.
However, Goupil discloses fasteners to attach hot shoe 100 to hot shoe 200 (Fig. 2, 3 [0069]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Goupil so that the hot shoe housing base 100 (along with the hot shoe housing cover 200) is secured to the viewing device 400 with a threaded fastener (passing through a clearance opening), as taught by Goupil, for a secure attachment of the two mechanical parts.
Regarding claim 4, Goupil discloses the powered mounting adaptor of claim 3, wherein
said hot shoe assembly includes one or more threaded fasteners securing the hot shoe housing cover to the hot shoe housing base ([0069]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Goupil in view of Franzino et al. (US 2022/0071336, hereinafter, “Franzino”), as evidenced by Ford (US 2018/0309305, hereinafter, “Ford”).
Regarding claim 8, Goupil discloses the powered mounting adaptor of claim 1.
Goupil does not disclose wherein said connector is a 3 or 4 pin Fischer or Fischer-compatible binocular night vision plug connector.
Franzino discloses a helmet accessory mount system (Abstract). In one embodiment, a connector 84 is used to connect a side accessory of the helmet system with the vision part (Fig. 1A). The connector 84 may comprise a Fischer connector ([0113]). Ford discloses that a Fischer connector may be a 4-pin connector (Fig. 3, [0025]).
Both Goupil and Franzino disclose helmet mount systems.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Goupil so that the connector is a 4-pin Fischer connector, as taught by Franzino, for providing environmental sealing, high density data transfer, durability and efficient locking mechanism.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Goupil in view of Adams et al. (US 2012/0069433, hereinafter, “Adams”).
Regarding claim 9, Goupil discloses the powered mounting adaptor of claim 1.
Goupil does not disclose wherein said hot shoe assembly includes one or more alignment pins configured to engage a respective one or more alignment openings on the on the viewing device for aligning the powered mounting adaptor in relation to the viewing device.
Adams discloses a night vision device (Fig. 1A, [0022]). In one embodiment, the optical bench 14 including the image intensifier is positioned within a housing 20 via alignment pins 35 that are positioned in respective holes (27A, 27B) of the housing (Fig. 5B, [0036]).
Both Goupil and Adams disclose night vision systems.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Goupil so that alignment pins engaging with respective openings are used to engage the hot shoe assembly with the viewing device, as taught by Adams, for providing accurate aligning ([0036] in Adams).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Goupil in view of Franzino.
Regarding claim 10, Goupil discloses the powered mounting adaptor of claim 1.
Goupil does not disclose wherein the viewing device is a binocular viewing device comprising first and second monocular devices and wherein said cable includes a first set of conductors for powering the first monocular device and a second set of conductors for powering the second monocular device.
Franzino discloses a helmet accessory mount system (Abstract). In one embodiment, the helmet accessory mount system includes a binocular device 19 comprising a pair of monocular devises (Fig. 1A).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Goupil so that the viewing device is a binocular device, as taught by Franzino, for providing far sight for the user. It is noted that in the Goupil/Franzino device, the cable 217, 702 comprises conductors that power the pair of monocular devices (Fig. 7, 8 in Goupil).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Goupil in view of Lasky (US 2022/0019071, hereinafter, “Lasky”).
Regarding claim 13, Goupil discloses a night vision assembly of claim 12.
Goupil does not disclose wherein the viewing device comprises:
first and second night vision assemblies, each of the first and second night vision assemblies comprising an image intensifier tube assembly, an eyepiece lens assembly, and an objective lens assembly;
a central bridge assembly coupled to the powered mounting adaptor and connecting the first and second night vision assemblies; and
the power connector inlet disposed on the central bridge assembly and configured to provide an electrical interface for supplying operational power to the first and second night vision assemblies.
Lasky discloses a binocular night vision system (Abstract). In one embodiment, the binocular system comprises a pair of night vision assemblies (left and right sections of system 100) comprising an image intensifier tube assembly, an objective lens assembly (140a, 140b), an eyepiece lens assembly (on the side opposite of the lenses 140a, 140b), a central bridge assembly 113 connecting the first and second night vision assemblies (Fig. 1A, 1C, [0008], [0025]).
Both Goupil and Lasky disclose night vision systems.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Goupil so that the viewing device is a binocular device, as taught by Lasky, for providing far sight for the user during night. It is noted that in the Goupil/Lasky device, the central bridge assembly 113 is coupled to the powered mounting adaptor (100’, 200’) and connects the first and second night vision assemblies. Moreover, the power connector inlet is disposed on the central bridge assembly and provides an electrical interface for supplying operational power to the first and second night vision assemblies.
Regarding claim 14, Goupil/Lasky discloses the night vision assembly of claim 12, wherein
the viewing device is a night vision binocular device ([0016] in Goupil).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Goupil, Lasky in view of Von Essen et al. (US 2022/0146811, hereinafter, “Von Essen”).
Regarding claim 15, Goupil/Lasky discloses the night vision assembly of claim 14.
Goupil/Lasky does not disclose wherein the viewing device is an AN/PVS-31A night vision binocular device. In the Goupil/Lasky device, the viewing device is an AN/PVS-14s night vision binocular device ([0066] in Lasky).
Von Essen discloses a binocular optical device (Abstract). In the background, Von Essen discloses that a typical night vision binocular device is an AN/PVS-31A night vision binocular device ([0002]).
Both Goupil and Von Essen disclose night vision systems.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Goupil/Lasky so that the viewing device is an AN/PVS-31A night vision binocular device, as taught by Von Essen, since it has been held that the selection of a known material (here, device) based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Teetzel et al. (US 2015/0323777, hereinafter “Teetzel1”) discloses a monocular night vision system (Abstract). In Teetzel1, the device comprises a first mounting shoe 112 and a second mounting shoe 116 that receives a battery supply 114 (Fig. 2, [0033]-[0034]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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, Stephone Allen, can be reached on 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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