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 .
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.
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 7 and 8 are 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.
In regard to claim 7, the limitation “the magnifying lens” lacks antecedent basis. For examination purposes, it is presumed the limitation is “a magnifying lens”.
In regard to claim 8, the limitation “the eyepiece lens” renders the scope of the claim unclear. Namely, it is unclear if the limitation is referring to the eyepiece housing of claim 1 or if a new element is being introduced in the claim. For examination purposes, it is presumed either will meet the limitation.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kemper (US 2022/0341707 A1).
In regard to claim 1, Kemper discloses a locking assembly 100 (denoted “diopter adjustment device”, see e.g. paragraph [0014] and Figure 2) comprising (see e.g. Figures 2-4):
a scope tube 110 (denoted “diopter adjustment barrel”, see e.g. paragraph [0014] and Figure 2) including a first threading 120 (denoted “external threads”, see e.g. paragraph [0014] and Figure 3), wherein the first threading 120 comprises overlapping first rotating direction thread form 124 or 126 (denoted “left-handed external threads” and “right-handed external therads”) and second rotating direction thread form 126 or 124, and the second rotating direction thread form is opposite the first rotating direction thread form (see e.g. paragraph [0014] and note 124 and 126 are left handed and right handed rotating respectively);
an eyepiece housing 130 (denoted “eyeshell”, see e.g. Figure 3 and paragraph [0014]) including a second threading 132 (denoted “internal threads”, see e.g. Figure 3 and paragraph [0014]) having the first rotating direction thread form (see e.g. paragraph [0014] where it is noted that the threads formed to engage with the first threading), wherein the second threading 132 is configured to engage with the first rotating direction thread form of the first threading (see e.g. paragraph [0014] where it is noted that the threads formed to engage with the first threading); and
a binding nut 140 (denoted “stop nut”, see e.g. paragraph [0015] and Figure 3) including a third threading 144 (denoted “internal threads”, see e.g. paragraph [0015] and Figure 4) having the first rotating direction thread form (see e.g. paragraph [0015] where it is noted that 144 is set to engage with 120), wherein the third threading 144 is configured to engage with the second rotating direction thread form of the first threading (see e.g. paragraph [0015] where it is noted that 144 is set to engage with 120).
In regard to claim 2, Kemper discloses the limitations as applied to claim 1 above, and
wherein the first rotating direction is left-hand threading (see e.g. paragraph [0014] where is noted that first rotating direction may be left-handed).
In regard to claim 3, Kemper discloses the limitations as applied to claim 2 above, and
wherein the second rotating direction is right-hand threading (see e.g. paragraph [0014] where it is noted the second rotating direction may be right-handed).
In regard to claim 4, Kemper discloses the limitations as applied to claim 1 above, and
wherein the first rotating direction is right-hand threading (see e.g. paragraph [0014] where is noted that first rotating direction may be right-handed).
In regard to claim 5, Kemper discloses the limitations as applied to claim 1 above, and
wherein the second rotating direction is left-hand threading (see e.g. paragraph [0014] where it is noted the second rotating direction may be left-handed).
In regard to claim 6, Kemper discloses the limitations as applied to claim 1 above, and
wherein the eyepiece housing 130 is configured to rotate on the first threading 120 according to the first rotating direction thread form causing the eyepiece housing 130 to translate in a first direction towards a magnifying lens 122 (denoted “diopter lens”, see e.g. Figures 2-4 and paragraph [0014]) formed on the scope tube 110 (see e.g. paragraph [0014] for translation of 130 and 122 with respect to each other).
In regard to claim 7, Kemper discloses the limitations as applied to claim 1 above, and
wherein the binding nut 140 is configured to rotate on the first threading 120 according to the second rotating direction thread form causing the binding nut to translate in a second direction away from the magnifying lens 122 formed on the scope tube 110 (see e.g. Figure 4 and paragraphs [0014]-[0018]).
In regard to claim 8, Kemper discloses the limitations as applied to claim 1 above, and wherein the binding nut 140 is configured to translate in the second direction while the eyepiece lens 122 (denoted “diopter lens”, see e.g. Figures 2-4 and paragraph [0014]) translates in the first direction, thereby causing the binding nut 140 to engage the eyepiece housing 130 and lock the eyepiece housing 130 into a desired location upon engaging the eyepiece housing 130 (see e.g. Figure 4 and paragraphs [0014]-[0018]).
In regard to claim 9, Kemper discloses the limitations as applied to claim 1 above, and
wherein the binding nut 140 is further configured to translate in the first direction when rotating in the opposite direction, thereby causing the binding nut 140 to disengage the eyepiece housing 130 and unlock the eyepiece housing 130 from the desired location (see e.g. paragraph [0015], [0018]).
In regard to claim 10, Kemper discloses the limitations as applied to claim 1 above, and
wherein a first pitch diameter of the first rotating direction thread form is substantially the same as a second pitch diameter of the second rotating direction thread form (see e.g. paragraph [0008] where it is noted the pitches may be equal).
In regard to claim 11, Kemper discloses the limitations as applied to claim 1 above, and
wherein the eyepiece housing 130 further comprises: a diopter 122 (see e.g. paragraph [0014] and Figures 2-4).
In regard to claim 12, Kemper discloses the limitations as applied to claim 1 above, and
wherein the scope tube 110 includes threading sections and bare sections (see e.g. Figure 4 where 110 has portions that are bare and some that have threading), and wherein the first threading is formed in the threading sections (see e.g. Figure 4 where 110 has portions that are bare and some that have threading).
In regard to claim 13, Kemper discloses an apparatus 100 (denoted “diopter adjustment device”, see e.g. paragraph [0014] and Figure 2) comprising (see e.g. Figures 2-4):
a first threading 120 (denoted “external threads”, see e.g. paragraph [0014] and Figure 3), wherein the first threading comprises overlapping first rotating direction thread form and second rotating direction thread form (see e.g. Figure 2 and paragraph [0014] for overlapping threads), and the second rotating direction thread form is opposite the first rotating direction thread form (see e.g. paragraph [0014] and note 124 and 126 are left handed and right handed rotating respectively);
a second threading 132 (denoted “internal threads”, see e.g. Figure 3 and paragraph [0014]) having the first rotating direction thread form (see e.g. paragraph [0014] where it is noted that the threads formed to engage with the first threading), wherein the second threading is configured to engage with the first rotating direction thread form of the first threading (see e.g. paragraph [0014] where it is noted that the threads formed to engage with the first threading); and
a third threading 144 (denoted “internal threads”, see e.g. paragraph [0015] and Figure 4) having the first rotating direction thread form (see e.g. paragraph [0015] where it is noted that 144 is set to engage with 120), wherein the third threading 144 is configured to engage with the second rotating direction thread form of the first threading 120 (see e.g. paragraph [0015] where it is noted that 144 is set to engage with 120).
In regard to claim 14, Kemper discloses the limitations as applied to claim 13 above, and
wherein the first rotating direction is left-hand threading (see e.g. paragraph [0014] where is noted that first rotating direction may be left-handed).
In regard to claim 15, Kemper discloses the limitations as applied to claim 14 above, and
wherein the second rotating direction is right-hand threading (see e.g. paragraph [0014] where it is noted the second rotating direction may be right-handed).
In regard to claim 16, Kemper discloses the limitations as applied to claim 13 above, and
wherein the first rotating direction is right-hand threading (see e.g. paragraph [0014] where is noted that first rotating direction may be right-handed).
In regard to claim 17, Kemper discloses the limitations as applied to claim 16 above, and
wherein the second rotating direction is left-hand threading (see e.g. paragraph [0014] where it is noted the second rotating direction may be left-handed).
In regard to claim 18, Kemper discloses the limitations as applied to claim 13 above, and
wherein a first pitch diameter of the first rotating direction thread form is substantially the same as a second pitch diameter of the second rotating direction thread form (see e.g. paragraph [0008] where it is noted the pitches may be equal).
In regard to claim 19, Kemper discloses a locking assembly 100 (denoted “diopter adjustment device”, see e.g. paragraph [0014] and Figure 2) comprising (see e.g. Figures 2-4):
a scope tube 110 (denoted “diopter adjustment barrel”, see e.g. paragraph [0014] and Figure 2) including a first threading 120 (denoted “external threads”, see e.g. paragraph [0014] and Figure 3), wherein the first threading 120 comprises overlapping first rotating direction thread form 124 or 126 (denoted “left-handed external threads” and “right-handed external therads”) and second rotating direction thread form 126 or 124, and the second rotating direction thread form is opposite the first rotating direction thread form (see e.g. paragraph [0014] and note 124 and 126 are left handed and right handed rotating respectively);
an eyepiece housing 130 (denoted “eyeshell”, see e.g. Figure 3 and paragraph [0014]) including a second threading 132 (denoted “internal threads”, see e.g. Figure 3 and paragraph [0014]) having the first rotating direction thread form (see e.g. paragraph [0014] where it is noted that the threads formed to engage with the first threading), wherein the second threading 132 is configured to engage with the first rotating direction thread form of the first threading (see e.g. paragraph [0014] where it is noted that the threads formed to engage with the first threading); and
a binding nut 140 (denoted “stop nut”, see e.g. paragraph [0015] and Figure 3) including a third threading 144 (denoted “internal threads”, see e.g. paragraph [0015] and Figure 4) having the first rotating direction thread form (see e.g. paragraph [0015] where it is noted that 144 is set to engage with 120), wherein the third threading 144 is configured to engage with the second rotating direction thread form of the first threading (see e.g. paragraph [0015] where it is noted that 144 is set to engage with 120),
wherein a first pitch diameter of the first rotating direction thread form is substantially the same as a second pitch diameter of the second rotating direction thread form (see e.g. paragraph [0008] where it is noted the pitches may be equal).
In regard to claim 20, Kemper discloses the limitations as applied to claim 19 above, and
wherein the eyepiece housing 130 is configured to rotate on the first threading 120 according to the first rotating direction thread form causing the eyepiece housing 130 to translate in a first direction towards a magnifying lens 122 (denoted “diopter lens”, see e.g. Figures 2-4 and paragraph [0014]) formed on the scope tube 110 (see e.g. paragraph [0014] for translation of 130 and 122 with respect to each other)
wherein the binding nut 140 is configured to rotate on the first threading 120 according to the second rotating direction thread form causing the binding nut to translate in a second direction away from the magnifying lens 122 formed on the scope tube 110 (see e.g. Figure 4 and paragraphs [0014]-[0018]) while the eyepiece lens 122 (denoted “diopter lens”, see e.g. Figures 2-4 and paragraph [0014]) translates in the first direction, thereby causing the binding nut 140 to engage the eyepiece housing 130 and lock the eyepiece housing 130 into a desired location upon engaging the eyepiece housing 130 (see e.g. Figure 4 and paragraphs [0014]-[0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at (571) 272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA M MERLIN/Primary Examiner, Art Unit 2871
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