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 .
Drawings
The drawings with 18 Sheets of Figs. 1-15 received on 4/22/2024 are acknowledged. Figure 1A should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because
Abstract recites “The disclosure relates to a viewing optic. In one embodiment, the disclosure relates to a viewing optic having a main body and a base that couples to the main body. In one embodiment, the disclosure relates to a viewing optic having a base with light module for a reticle.”. This is incorrect language. It is suggested to be –A viewing optic having a main body and a base that couples to the main body. A viewing optic having a base with light module for a reticle.--.
Correction is required. See MPEP § 608.01(b).
Claim Objections
Claims 1-7, objected to because of the following informalities:
Claim 1 recites “objective system” and “ocular system” in lines 3,4. There is sufficient antecedent basis for these limitations. It is suggested to be replaced with –the objective system—and –the ocular system--.
Clams 2-7 are dependent on Claim 1 and hence inherit its deficiencies.
Claim 2 recites “the objective assembly” in lines 2-3. There is insufficient antecedent basis for this limitation. It is suggested to be replaced with –the objective system--.
Claim 3 recites “the length” in line 1. There is insufficient antecedent basis for this limitation. It is suggested to be replaced with –a length--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7,11,19,20, as best understood, rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1,2,3 recite “the main body” in line 5 and lines 2. It is not very clear if the main tube is the same as the main body or it is different. From the specification, it appears that the main body is the same as the main tube. For the purpose of examination, the main body is taken to be the same as the main tube.
Claims 2-7 are dependent on Claim 1 and hence inherit its deficiencies.
Claim 11 recites “a reticle is located at both a first focal plane and a second focal plane”. It is not clear how a same reticle can be located at both first and second focal planes. It appears from the specification that a first reticle and a second reticle are located at the first and second focal planes respectively. For the purpose of examination, it is interpreted that a first reticle is located at the first focal plane and a second reticle is located at the second focal plane.
Claim 19 recites “a reticle at the second focal plane”. There is sufficient antecedent basis for this limitation. It is not clear whether there is a second reticle at the second focal plane or the same reticle as the first focal plane is also at the second focal plane. It appears from the specification that a first reticle and a second reticle are located at the first and second focal planes respectively. For the purpose of examination, it is interpreted that a second reticle is located at the second focal plane.
Claim 20 is dependent on Claim 19 and hence inherits its deficiencies.
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.
Claims 1,3-13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Masarik et al (US 2016/0028970 A1, hereafter Masarik) in view of Cross et al (US 2003/0086165 A1, hereafter Cross).
Regarding Claim 1, Masarik teaches (fig 1,3) viewing optic (sight system 100, p26, lines 1-3) comprising:
(a) a main tube (larger cylindrical tube with optical system 100);
(b) an objective system (front end optical system 110, p28, lines 1-2) coupled to a first end of the main tube (larger cylindrical tube with optical system 100) that focuses a target image from an outward scene(image of a field of view, p28, lines 1-3) ;
(c) an ocular system (eyepiece 112, p29, lines 1-4) coupled to the second end of the main tube (larger cylindrical tube with optical system 100), the main tube (larger cylindrical tube with optical system 100), objective system (front end optical system 110, p28, lines 1-2) and ocular system (eyepiece 112, p29, lines 1-4) being configured to define at least a first focal plane (real image plane of optical system 110, p28, lines 5-7), with a reticle (reticle, p28, lines 5-7, reticle 304, p39, lines 1-5) at the first focal plane (real image plane of optical system 110, p28, lines 5-7); and
(d) a base (housing 102, p26, lines 3-6) coupled to the main body (larger cylindrical tube with optical system 100) and having a light module (laser range finder LRF, p27, lines 1-3, LRF is connected to housing 102 as a modular add-on component) to direct light (LRF has a laser which directs light).
However, Masarik does not teach
a light module to direct light at the first focal plane reticle.
Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3), wherein
a light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10) to direct light at the first focal plane reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the viewing optic of Masarik to include the light module of Cross for the purpose of improving the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 3, Masarik-Cross teach the viewing optic of Claim 1, wherein the base (housing 102, p26, lines 3-6, Masarik) is more than 50% (as in fig 1, 3) the length of the main body (larger cylindrical tube with optical system 100).
However Masarik-Cross do not teach base is from 40% to 65% the length of the main body.
MPEP 2144.05 I states “In the case where the claimed ranges “overlap or lie inside ranges disclosed by the art a prima facie case of obviousness exists.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the claimed range of base length, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
The instant application at page 17 does not disclose any criticality to the claimed range. The prior art discloses base length being more than 50% of the main body. The entire range would perform the same function. Because there is no allegation of criticality and no evidence of demonstrating a difference across the range, the prior art discloses the range with sufficient specificity. See MPEP section 2131.03.II. Clearview Inc. v. Pearl River Polymers Inc., 668 F.3d 340, 101 USPQ2d 1773 (Fed. Cir. 2012).
One of ordinary skill in the art would have been motivated to modify Masarik-Cross to have the claimed range of base length for the purposes of having a module setup which is not unwieldy and is compact.
Regarding Claim 4, Masarik-Cross teach the viewing optic of Claim 1, wherein the base (housing 102, p26, lines 3-6, Masarik) further comprises a power source (power source, p26, lines 3-4).
Regarding Claim 5, Masarik-Cross teach the viewing optic of Claim 1.
However, Masarik does not teach
wherein a portion of the light module attaches to an outer perimeter of the first focal plane reticle.
Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein a portion of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a crosshair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter (periphery, p25, lines 1-3) of the first focal plane reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light module of Masarik to be attached to an outer perimeter of Cross for the purpose of improving the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 6, Masarik-Cross teach the viewing optic of Claim 1.
However, Masarik does not teach
wherein a portion of the light module attaches to an outer perimeter of the first focal plane reticle from about a 3:00 position to about a 6:00 position of the reticle. Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein a portion (light emitting end 94, p40, lines 2-5) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the first focal plane reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) from about a 3:00 position (as in fig 10, Cross) to about a 6:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipes 88 and 90 moving to 3:00 and 6:00 positions) of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light module of Masarik to be attached to an outer perimeter from about a 3:00 position to about a 6:00 position of the reticle of Cross for the purpose of improving versatility in use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 7, Masarik-Cross teach the viewing optic of Claim 1.
However, Masarik does not teach
wherein a portion of the light module attaches to an outer perimeter of the first focal plane reticle at about a 6:00 position of the reticle.
Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein a portion (light emitting end 94, p40, lines 2-5) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the first focal plane reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) at about a 6:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipe 90 moving to 6:00 position) of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light module of Masarik to be attached to an outer perimeter of the first focal plane reticle at about a 6:00 position of the reticle of Cross for the purpose of versatility in use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 8, Masarik teaches (fig 1,3) a viewing optic (sight system 100, p26, lines 1-3) comprising:
a main body (larger cylindrical tube with optical system 100) with an optical system (front end optical system 110, p28, lines 1-2, eyepiece 112, p29, lines 1-4) for viewing an outward scene (image of a field of view, p28, lines 1-3) and
a base (housing 102, p26, lines 3-6) that couples to a bottom portion of the main body (larger cylindrical tube with optical system 100), the base (housing 102, p26, lines 3-6) having a light module (laser range finder LRF, p27, lines 1-3, LRF is connected to housing 102 as a modular add-on component).
However, Masarik does not teach
a light module to direct light at a diffraction pattern on a reticle of the optical system in the main body.
Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3), wherein
a light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10) to direct light at diffraction pattern (cross hairs 36,38, fig 1, p31, lines 1-5,cross hair lines 100,102 of portion 96 of reticle, p41, lines 2-5, fig 10) on a reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) of the optical system (objective lens 22, erector lenses 24,26,28, eyepiece lens 19,20, p30, lines 1-8) in the main body (housing 12, p30, lines 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the viewing optic of Masarik to include the light module of Cross for the purpose of improving the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 9, Masarik-Cross teach the viewing optic of Claim 8,
wherein the reticle (reticle, p28, lines 5-7, reticle 304, p39, lines 1-5, Masarik) is located at a first focal plane (real image plane of optical system 110, p28, lines 5-7) of the optical system (front end optical system 110, p28, lines 1-2, eyepiece 112, p29, lines 1-4) in the main body (larger cylindrical tube with optical system 100).
Regarding Claim 10, Masarik-Cross teach the viewing optic of Claim 8,
However, Masarik does not teach
wherein the reticle is located at a second focal plane of the optical system in the main body.
Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15, Cross) is located at a second focal plane (second focal plane between first end 14 and erector lens 24, p30, lines 10-17) of the optical system (objective lens 22, erector lenses 24,26,28, eyepiece lens 19,20, p30, lines 1-8) in the main body (housing 12, p30, lines 1-4) (reticle 30 is in the second focal plane of riflescope 10 or the first focal plane or at both the focal planes, p30, lines 10-17, Cross).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the position of reticle of Masarik to be located at a second focal plane of the optical system in the main body of Cross for the purpose of improving the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 11, Masarik-Cross teach the viewing optic of Claim 8.
However, Masarik does not teach
wherein a reticle is located at both a first focal plane and a second focal plane of the optical system in the main body.
Masarik and Cross are related as reticles.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein a reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15, Cross) is located at both a first focal plane (first focal plane between lens 26 and 22, p30, lines 10-17) and a second focal plane (second focal plane between first end 14 and erector lens 24, p30, lines 10-17) of the optical system (objective lens 22, erector lenses 24,26,28, eyepiece lens 19,20, p30, lines 1-8) in the main body(housing 12, p30, lines 1-4) (reticle 30 is in the second focal plane of riflescope 10 or the first focal plane or at both the focal planes, p30, lines 10-17, Cross).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the position of reticle of Masarik to be located at both a first and a second focal plane of the optical system in the main body of Cross for the purpose of improving the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 12, Masarik-Cross teach the viewing optic of Claim 8.
However, Masarik does not teach
wherein a portion of the light module attaches to an outer perimeter of the reticle from about a 3:00 position to about a 6:00 position of the reticle.
Masarik and Cross are related as viewing optics.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein a portion (light emitting end 94, p40, lines 2-5) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the first focal plane reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) from about a 3:00 position (as in fig 10, Cross) to about a 6:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipes 88 and 90 moving to 3:00 and 6:00 positions) of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the viewing optic of Masarik to have a portion of the light module attaches to an outer perimeter of the reticle from about a 3:00 position to about a 6:00 position of the reticle of Cross for the purpose of versatility in the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Regarding Claim 13, Masarik-Cross teach the viewing optic of Claim 8.
However, Masarik does not teach
wherein a portion of the light module attaches to an outer perimeter of the reticle at about a 6:00 position of the reticle.
Masarik and Cross are related as viewing optics.
Cross teaches (fig 1,10), a viewing optic (riflescope 10, p30, lines 1-3),
wherein a portion (light emitting end 94, p40, lines 2-5) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the first focal plane reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) at about a 6:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipe 90 moving to 6:00 position) of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the viewing optic of Masarik to have a portion of the light module attaches to an outer perimeter of the reticle at about a 6:00 position of the reticle of Cross for the purpose of versatility in the use of the reticle as a sighting marker in low light conditions (p40, lines17-21).
Claim 2, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Masarik et al (US 2016/0028970 A1, hereafter Masarik) in view of Cross et al (US 2003/0086165 A1, hereafter Cross) and further in view of Zang et al (US 2018/0128576 A1, hereafter Zang).
Regarding Claim 2, Masarik-Cross teach the viewing optic of Claim 1,
wherein one end of the base (housing 102, p26, lines 3-6, Masarik) attaches near ocular system (eyepiece 112, p29, lines 1-4) of the main body (larger cylindrical tube with optical system 100) and the other end of the base (housing 102, p26, lines 3-6) attaches near the objective assembly (front end optical system 110, p28, lines 1-2) of the main body (larger cylindrical tube with optical system 100).
However, Masarik-Cross do not teach
one end of base attaches near a magnification ring.
Masarik-Cross and Zang are related as bases in viewing optics.
Zang teaches (fig 1), a view optic (scope assembly 1000, p31, lines 3-6), wherein
one end of base (integrated mount 141, p31, lines 3-6) attaches near a magnification ring (magnification ring 124, p34, lines 6-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the base of Masarik-Cross to have one end of base attach near a magnification ring of Zang for the purpose of utilizing a common advantageous technique of integrating a base to the main scope assembly (p7, lines 1-3).
Claims 14-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Cross et al (US 2003/0086165 A1, hereafter Cross) in view of Zang et al (US 2018/0128576 A1, hereafter Zang).
Regarding Claim 14, Cross teaches (fig 1,10) a viewing optic (riflescope 10, p30, lines 1-3) comprising:
a main body (housing 12, p30, lines 1-4) having an optical system (optical system of the objective lens 22, p30, lines 1-8) comprised of an objective lens system (objective lens 22, p30, lines 1-8) that focuses an image (objective focuses an image of the view or target ) from a target (field of view, p40, lines 13-15, field of view of the scope is the target) to a first focal plane (first focal plane between lens 26 and 22, p30, lines 10-17) ("FFP Target Image") (image of the target at the FFP between lens 26 and 22), with a reticle (reticle 30, p30, lines 10-17) located at the FFP (first focal plane between lens 26 and 22, p30, lines 10-17);
an erector lens system (three erector lenses 24,26,28, p30, lines 8-10) that inverts the FFP Target Image (image of the target at the FFP between lens 26 and 22) and focuses it to a second focal plane (second focal plane between first end 14 and erector lens 24, p30, lines 10-17) ("SFP Target Image") (image of the target at the SFP between first end 14 and lens 24) (presence of first and second focal planes indicates the inversion of image from first focal plane to the second focal plane),
an eyepiece lens system (eyepiece 18 with first and second eyepiece lenses 19 and 20, p30, lines 1-6) that collimates (lens 20 is a cemented lens with a convex lens and a biconcave lens, as in fig 1. Lenses 19 and 20 are same as the setup of eyepiece lens system 18 in current fig 1E. Hence eyepiece lens system 18 of Cross behaves in the same way of collimating the target image light onto the human eye) the SFP Target Image (image of the target at the SFP between first end 14 and lens 24) so that it can be observed by the human eye (human eye at the eyepiece of the riflescope),
a light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a crosshair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10) to direct light at the reticle (reticle 30, p30, lines 10-11)
However, Cross does not teach
a knob for adjustment of the optical system, wherein the knob has a light module to illuminate the first focal plane reticle.
Cross and Zang are related as light modules in viewing optics.
Zang teaches (fig 1), a view optic (scope assembly 1000, p31, lines 3-6), wherein a knob (combination turret or knob, p33, lines 1-8) for adjustment of the optical system (control of image focus indicates adjustment of objective lens 136, p33, lines 1-8), wherein the knob (combination turret or knob, p33, lines 1-8) has a light module (combination turret for reticle illumination, p33 , lines 5-8, indicates presence of an illumination module in the turret or knob) to illuminate the reticle (reticle, p33 ,lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the viewing optics of Cross to include the knob which has a light module to illuminate the first focal plane reticle of Zang for the purpose of utilizing a common advantageous technique of integration of a combination of functions in a single component (p33, lines 5-10).
Regarding Claim 15, Cross-Zang teach the viewing optic of Claim 14,
wherein a portion (light emitting end 94, p40, lines 2-5, Cross) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) from about a 6:00 position to about a 9:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipes 88 and 90 moving to 6:00 and 9:00 positions) of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15).
However, Cross-Zang do not teach
a portion of the light module attaches to an outer perimeter of the reticle from about a 3:00 position.
However, it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The rearrangement in this case does not modify the operation of the device because the light module and the reticle perform in the same manner. Benefits include multiple fittings for different designs.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Cross-Zang so that a portion of the light module attaches to an outer perimeter of the reticle from about a 3:00 position of the reticle for the purposes of versatility of design to fit different configurations of the modules associated with the base.
Regarding Claim 16, Cross-Zang teach the viewing optic of Claim 14,
wherein a portion (light emitting end 92, p40, lines 2-5, Cross) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) at about a 3:00 position (as in fig 10, Cross) of the reticle (reticle 30, p30, lines 10-11).
Regarding Claim 17, Cross-Zang teach the viewing optic of Claim 14,
wherein a portion (light emitting end 92, p40, lines 2-5, Cross) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) at about a 9:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipe 90 moving to a 9:00 position) of the reticle (reticle 30, p30, lines 10-11).
Regarding Claim 18, Cross-Zang teach the viewing optic of Claim 14,
wherein a portion (light emitting end 92, p40, lines 2-5, Cross) of the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a cross hair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) attaches to an outer perimeter of the reticle (reticle 30, p30, lines 10-11, located at first focal plane, p30, lines 10-15) at about a 12:00 position or at a 6:00 position (clockwise rotation of the riflescope 10 in fig 1 such a way that it results in the rotation of reticle with the light transmitting pipes 88,90 moving to a 12:00 position or 6:00 position) of the reticle (reticle 30, p30, lines 10-11).
Regarding Claim 19, Cross-Zang teach the viewing optic of Claim 14,
further comprising a second reticle (reticle 30, p30, lines 10-11, Cross) at the second focal plane (second focal plane between first end 14 and erector lens 24, p30, lines 10-17) (reticle 30 is in the second focal plane of riflescope 10 or the first focal plane or at both the focal planes, p30, lines 10-17, Cross).
Regarding Claim 20, Cross-Zang teach the viewing optic of Claim 19.
wherein the light module (light transmitting pipes 88,90 aim light at etched out portion 96 which is a crosshair reticle, p40, lines 1-10, pipes 88,90 are connected to light emitted by photoluminescent material 104, p41, lines 7-10, Cross) further provides illumination to the second reticle (reticle 30, p30, lines 10-11) at the second focal plane (second focal plane between first end 14 and erector lens 24, p30, lines 10-17) (reticle 30 is in the second focal plane of riflescope 10 or the first focal plane or at both the focal planes, p30, lines 10-17).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hamilton et al (US 2014/0041277 A1) teaches (fig 2) a viewing optic assembly with a first reticles at first focal plane and first and second light sources illuminating the reticle.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 3/3/2026