DETAILED ACTION
This office action is a response to the Request for Continued Examination (RCE) filed on 03/25/2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application After Final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/25/2026 has been entered.
Response to Amendment
The Amendment filed on 03/25/2026 has been entered.
Claims 1-2, 5-12 and 15-27 are pending
Claims 1-2, 5-7, 11-12 and 15-17 are amended
Claims 3-4 and 13-14 are canceled
Claims 21-27 are new
Claims 1-2, 5-12 and 15-27 remain rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 8-11 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 2 and 4 - 6 of US Patent No.: 11997730 B2 in view of MOY et al. (US 2016/0128114 A1), hereinafter referenced as Moy. The claims are not patentably distinct from each other as described below.
This is a provisional nonstatutory double patenting rejection.
Instant Application No. 18/662,813
US Patent No.: 11997730 B2
Claim 1:
A method of wirelessly pairing a first device and a single one of two or more potential pairing devices,
Claim 1: A method of establishing a wireless communication channel between a first device and a single one of two or more potential pairing devices,
the method comprising: each having a setting that is manually adjustable, the method comprising:
placing one or more of the potential pairing devices in a discover mode by manually adjusting its setting;
while the first device is in a seek mode, scanning for the potential pairing devices; at the first device;
Claim 1: the method comprising: while the first device is in a seek mode, scanning for the potential pairing devices; in the first device
storing a list of the potential pairing devices identified during the scanning;
Claim 1: storing a list of any potential pairing devices that were discovered in the seek mode in a sequential order based on a signal strength between the first device and each of the discovered potential pairing devices
establishing a wireless communication channel between the first device and a selected one of the potential pairing devices in the list;
sending a hash code from the first device to the selected one of the potential pairing devices in the list;
Claim 2: sending a hash code to one of the potential pairing devices that was discovered in the seek mode;
determining whether the hash code sent from the first device matches an expected hash code that is expected by the selected one of the potential pairing devices; and
before wirelessly pairing, comparing the setting of the selected one of the potential pairing devices to a predetermined setting;
wirelessly pairing the first device and the selected one of the potential pairing devices when (i) the hash code sent from the first device matches the expected hash code and (ii) the setting of the selected one of the potential pairing devices matches the predetermined setting.
Claim 8:
The method according to claim 1, further comprising
inspecting a Universally Unique Identifier (UUID) of the potential pairing devices in the list; and
Claim 4: inspecting a Universally Unique Identifier (UUID) of one of the potential pairing devices that was discovered in the seek mode;
removing potential pairing devices from the list when the UUID does not match a predetermined UUID.
Claim 4: and removing the one of the potential pairing devices from the list of potential pairing devices when the UUID does not match a predetermined UUID.
Claim 9:
The method according to claim 1, further comprising
inspecting a Universally Unique Identifier (UUID) of the potential pairing devices in the list; and
Claim 5: inspecting a Universally Unique Identifier (UUID) of one of the potential pairing devices that was discovered in the seek mode;
removing potential pairing devices from the list when the UUID does not match a class of predetermined UUIDs.
Claim 5: and removing the one of the potential pairing devices from the list of potential pairing devices when the UUID does not match a class of predetermined UUIDs.
Claim 10:
The method according to claim 1
in which the first device is a rangefinder.
Claim 6: in which the first device is a rangefinder.
Claims 11 and 18 – 20 are rejected for the same reasons set forth in the rejection of claim 1 and 8-10 above.
US Patent No.: 11240850 B2’s claim 1 as stated in the table above fail to explicitly teacch each having a setting that is manually adjustable, the method comprising: placing one or more of the potential pairing devices in a discover mode by manually adjusting its setting; …, …; establishing a wireless communication channel between the first device and a selected one of the potential pairing devices in the list; …; determining whether the hash code sent from the first device matches an expected hash code that is expected by the selected one of the potential pairing devices; and before wirelessly pairing, comparing the setting of the selected one of the potential pairing devices to a predetermined setting; wirelessly pairing the first device and the selected one of the potential pairing devices when (i) the hash code sent from the first device matches the expected hash code and (ii) the setting of the selected one of the potential pairing devices matches the predetermined setting.
However, Moy teaches each having a setting that is manually adjustable (Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Fig. 9, Para. [0082]-MOY discloses the first wireless device may modify {adjust} the second criterion to which the second parsed value may be compared in block 906. For example, when the second value is a VendorID of the sending wireless device, the first wireless device may require a closer or exact match of the second value to the second criterion. For example, the first wireless device may modify the second criterion from a range of permissible VendorIDs for pairing to a set of specific VendorIDs to which pairing may be permitted (i.e., a modified second criterion) ...., the second criterion may be adjusted to require a higher level of specificity or confidence when compared to the second parsed value), the method comprising:
placing one or more of the potential pairing devices in a discover mode by manually adjusting its setting (Para. [0028]-MOY discloses the pairing process typically is a multistep process that requires user interaction. For example, a user may be required to provide an input to each of the wireless devices to place them in a discoverable mode, a further input to at least one wireless device to select the other wireless device for pairing, and the user may further be required to enter a code or verification number to each wireless device or provide some other verification input to each wireless device (such as additional button presses). Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manually}, is pressed by a user on each wireless device);
establishing a wireless communication channel between the first device and a selected one of the potential pairing devices in the list (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Figs. 3 and 6, Para. [0028]-MOY discloses a process in which two wireless devices that are capable of short-range wireless communication are configured to establish a communication session with each other. Certain communication protocols, such as Bluetooth, may include a security process such as the generation of an encryption key or link key that is used by each of the paired wireless devices for their wireless communication);
determining whether the hash code sent from the first device matches an expected hash code that is expected by the selected one of the potential pairing devices (Fig. 3. Para. [0046]-Moy discloses each wireless device may compare a value based on the entire capability response to a value stored on the first wireless device. For example, the first or second wireless device may use a numerical value of the entire received discovery response information, or the wireless device may calculate a value (e.g., a vector, a hash value, or another derived value) using the entire discovery response information); and
before wirelessly pairing, comparing the setting of the selected one of the potential pairing devices to a predetermined setting (Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Para. [0040]-Moy discloses determining that ... one or more elements of the discovery response information do not substantially match one or more criteria {including the configuration activated by the button sequence} stored on the first wireless device (i.e., determination block 308=“NO”), the first wireless device may ignore the second wireless device in block 310. Ignoring the second wireless device may include a decision not to pair with the second wireless device. Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs);
wirelessly pairing the first device and the selected one of the potential pairing devices (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode) when
(i) the hash code sent from the first device matches the expected hash code (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0046]-MOY discloses the first or second wireless device may use a numerical value of the entire received discovery response information, or the wireless device may calculate a value (e.g., a vector, a hash value, or another derived value) using the entire discovery response information. When the numerical value or the derived value of the discovery response information matches the stored value, the wireless device may authenticate the other wireless device) and
(ii) the setting of the selected one of the potential pairing devices matches the predetermined setting (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Fig. 9, Para. [0082]-MOY discloses the first wireless device may modify {adjust} the second criterion to which the second parsed value may be compared in block 906. For example, when the second value is a VendorID of the sending wireless device, the first wireless device may require a closer or exact match of the second value to the second criterion. For example, the first wireless device may modify the second criterion from a range of permissible VendorIDs for pairing to a set of specific VendorIDs to which pairing may be permitted (i.e., a modified second criterion) ...., the second criterion may be adjusted to require a higher level of specificity or confidence when compared to the second parsed value).
US Patent No.: 11240850 B2 and Moy are both considered to be analogous to the claimed invention because they are in the same field of wireless communication dealing with Methods and Systems of Pairing Wireless Devices Without User Interaction. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the US Patent No.: 11240850 B2 to incorporate the teachings of Moy on hash codes, with a motivation to pair the first and second devices after matching the different hash codes, and ultimately guarantee verifying wireless devices for pairing without user interaction or with reduced user interaction, (Moy, Para. [0003]).
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)(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, 8-9, 11, 18-19, 21 and 26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MOY et al. (US 2016/0128114 A1), hereinafter referenced as Moy.
Regarding claims 1 and 11, Moy teaches a method of wirelessly pairing a first device and a single one of two or more potential pairing devices (Figs. 3 and 6, Para. [0028]-MOY discloses a process in which two wireless devices that are capable of short-range wireless communication are configured to establish a communication session with each other. Certain communication protocols, such as Bluetooth, may include a security process such as the generation of an encryption key or link key that is used by each of the paired wireless devices for their wireless communication. Fig. 1, Para. [0032-0033]-MOY discloses each of the first wireless device, the second wireless device, and the source wireless device may include a memory or similar non-transitory computer-readable or processor-readable media, and a processor for executing code and/or instructions that may be stored in the memory)
each having a setting that is manually adjustable (Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Fig. 9, Para. [0082]-MOY discloses the first wireless device may modify {adjust} the second criterion to which the second parsed value may be compared in block 906. For example, when the second value is a VendorID of the sending wireless device, the first wireless device may require a closer or exact match of the second value to the second criterion. For example, the first wireless device may modify the second criterion from a range of permissible VendorIDs for pairing to a set of specific VendorIDs to which pairing may be permitted (i.e., a modified second criterion) ...., the second criterion may be adjusted to require a higher level of specificity or confidence when compared to the second parsed value), the method comprising:
placing one or more of the potential pairing devices in a discover mode by manually adjusting its setting (Para. [0028]-MOY discloses the pairing process typically is a multistep process that requires user interaction. For example, a user may be required to provide an input to each of the wireless devices to place them in a discoverable mode, a further input to at least one wireless device to select the other wireless device for pairing, and the user may further be required to enter a code or verification number to each wireless device or provide some other verification input to each wireless device (such as additional button presses). Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manually}, is pressed by a user on each wireless device);
while the first device is in a seek mode, scanning for the potential pairing devices; at the first device (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0003]-MOY discloses verifying wireless devices for pairing without user interaction or with reduced user interaction, which may include sending, from a first wireless device to a second wireless device, a discovery query. Para. [0053]-MOY discloses the first wireless device and/or the second wireless device may be placed into a discoverable mode 412, such as a self-pairing mode, in which one wireless device (e.g., the first wireless device) may be designated a discovering wireless device and the other wireless device (e.g., the second wireless device) may be designated a discoverable wireless device),
storing a list of the potential pairing devices identified during the scanning (Fig. 10. Para. [0093]-MOY discloses the first wireless device may place the second wireless device on a white list for pairing. Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection);
establishing a wireless communication channel between the first device and a selected one of the potential pairing devices in the list (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Figs. 3 and 6, Para. [0028]-MOY discloses a process in which two wireless devices that are capable of short-range wireless communication are configured to establish a communication session with each other. Certain communication protocols, such as Bluetooth, may include a security process such as the generation of an encryption key or link key that is used by each of the paired wireless devices for their wireless communication);
sending a hash code from the first device to the selected one of the potential pairing devices in the list (Para. [0077]-Moy discloses the first wireless device may compare the SpecificationID value from the sending wireless device to a stored SpecificationID. Fig. 3. Para. [0046]-Moy discloses the first or second wireless device may use a numerical value of the entire received discovery response information, or the wireless device may calculate a value (e.g., a vector, a hash value, or another derived value) using the entire discovery response information);
determining whether the hash code sent from the first device matches an expected hash code that is expected by the selected one of the potential pairing devices (Fig. 3. Para. [0046]-Moy discloses each wireless device may compare a value based on the entire capability response to a value stored on the first wireless device. For example, the first or second wireless device may use a numerical value of the entire received discovery response information, or the wireless device may calculate a value (e.g., a vector, a hash value, or another derived value) using the entire discovery response information); and
before wirelessly pairing, comparing the setting of the selected one of the potential pairing devices to a predetermined setting (Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Para. [0040]-Moy discloses determining that ... one or more elements of the discovery response information do not substantially match one or more criteria {including the configuration activated by the button sequence} stored on the first wireless device (i.e., determination block 308=“NO”), the first wireless device may ignore the second wireless device in block 310. Ignoring the second wireless device may include a decision not to pair with the second wireless device. Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs);
wirelessly pairing the first device and the selected one of the potential pairing devices (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode) when
(i) the hash code sent from the first device matches the expected hash code (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0046]-MOY discloses the first or second wireless device may use a numerical value of the entire received discovery response information, or the wireless device may calculate a value (e.g., a vector, a hash value, or another derived value) using the entire discovery response information. When the numerical value or the derived value of the discovery response information matches the stored value, the wireless device may authenticate the other wireless device) and
(ii) the setting of the selected one of the potential pairing devices matches the predetermined setting (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Fig. 9, Para. [0082]-MOY discloses the first wireless device may modify {adjust} the second criterion to which the second parsed value may be compared in block 906. For example, when the second value is a VendorID of the sending wireless device, the first wireless device may require a closer or exact match of the second value to the second criterion. For example, the first wireless device may modify the second criterion from a range of permissible VendorIDs for pairing to a set of specific VendorIDs to which pairing may be permitted (i.e., a modified second criterion) ...., the second criterion may be adjusted to require a higher level of specificity or confidence when compared to the second parsed value).
Regarding claim 21, Moy teaches a method of wirelessly pairing a first device with a single one of two or more potential pairing devices (Figs. 3 and 6, Para. [0028]-MOY discloses a process in which two wireless devices that are capable of short-range wireless communication are configured to establish a communication session with each other. Certain communication protocols, such as Bluetooth, may include a security process such as the generation of an encryption key or link key that is used by each of the paired wireless devices for their wireless communication. Fig. 1, Para. [0032-0033]-MOY discloses each of the first wireless device, the second wireless device, and the source wireless device may include a memory or similar non-transitory computer-readable or processor-readable media, and a processor for executing code and/or instructions that may be stored in the memory)
each having a setting that is manually adjustable (Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manual setting}, is pressed by a user on each wireless device. Fig. 9, Para. [0082]-MOY discloses the first wireless device may modify {adjust} the second criterion to which the second parsed value may be compared in block 906. For example, when the second value is a VendorID of the sending wireless device, the first wireless device may require a closer or exact match of the second value to the second criterion. For example, the first wireless device may modify the second criterion from a range of permissible VendorIDs for pairing to a set of specific VendorIDs to which pairing may be permitted (i.e., a modified second criterion) ...., the second criterion may be adjusted to require a higher level of specificity or confidence when compared to the second parsed value), the method comprising:
placing at least one of the potential pairing devices in a discover mode by manually adjusting its setting to a predetermined setting (Para. [0028]-MOY discloses the pairing process typically is a multistep process that requires user interaction. For example, a user may be required to provide an input to each of the wireless devices to place them in a discoverable mode, a further input to at least one wireless device to select the other wireless device for pairing, and the user may further be required to enter a code or verification number to each wireless device or provide some other verification input to each wireless device (such as additional button presses). Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode when a dedicated button, or a button sequence {manually}, is pressed by a user on each wireless device);
while the first device is in a seek mode, scanning for the potential pairing devices; in the first device (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Para. [0003]-MOY discloses verifying wireless devices for pairing without user interaction or with reduced user interaction, which may include sending, from a first wireless device to a second wireless device, a discovery query. Para. [0053]-MOY discloses the first wireless device and/or the second wireless device may be placed into a discoverable mode 412, such as a self-pairing mode, in which one wireless device (e.g., the first wireless device) may be designated a discovering wireless device and the other wireless device (e.g., the second wireless device) may be designated a discoverable wireless device),
storing a list of any of the potential pairing devices discovered during the scanning that are in the discover mode (Fig. 10. Para. [0093]-MOY discloses the first wireless device may place the second wireless device on a white list for pairing. Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection);
determining a signal strength of each of the potential pairing devices discovered during the scanning (Para. [0038]-Moy discloses the first wireless device may receive the discovery response from the second wireless device. The first wireless device may determine a received signal level (e.g., a received signal strength indicator (RSSI) or another signal level indicator) based on the signal in which the first wireless device receives the discovery response); and
wirelessly pairing the first device with the potential pairing device on the list having the highest signal strength (Fig. 3. Para. [0041-0042]-Moy discloses in response to determining that ... one or more elements of the discovery response information substantially match one or more criteria stored on the first wireless device (i.e., determination block 308=“YES”), the first wireless device may proceed to discover capabilities of the second wireless device in blocks 312-332 as described below ... In block 312, the first wireless device may send to the second wireless device a first capability query ... As another example, Bluetooth services that may be used during a connection. Figs. 3 and 6, Para. [0028]-MOY discloses a process in which two wireless devices that are capable of short-range wireless communication are configured to establish a communication session with each other. Certain communication protocols, such as Bluetooth, may include a security process such as the generation of an encryption key or link key that is used by each of the paired wireless devices for their wireless communication. Para. [0053]-MOY discloses the first and second wireless devices may be configured to enter the self-pairing mode).
Regarding claims 8, 18 and 26, Moy teaches the method according to claim 1, the device according to claim 11 and The method according to claim 21 respectively,
Moy further teaches inspecting a Universally Unique Identifier (UUID) of the potential pairing devices in the list (Fig. 3. Para. [0057]-MOY discloses the first wireless device may determine whether a second wireless device UUID is present in the second wireless device's discovery response); and
removing potential pairing devices from the list when the UUID does not match a predetermined UUID (Fig. 7-8. Para. [0077]-MOY discloses In response to determining that the first value ( e.g., the SpecificationID value) does not satisfy the first criterion ( e.g., theSpecificationID or range of SpecificationIDs ) (i.e., determination block 802 = "NO"), the first wireless device may ignore further communication from, or may block pairing or further communication with, the sending wireless device in block 710).
Regarding claims 9 and 19, Moy teaches the method according to claim 1,
Moy further teaches inspecting a Universally Unique Identifier (UUID) of the potential pairing devices in the list (Fig. 3. Para. [0057]-MOY discloses the first wireless device may determine whether a second wireless device UUID is present in the second wireless device's discovery response); and
removing potential pairing devices from the list when the UUID does not match a class of predetermined UUIDs (Fig. 7-8. Para. [0077]-MOY discloses In response to determining that the first value ( e.g., the SpecificationID value) does not satisfy the first criterion ( e.g., theSpecificationID or range of SpecificationIDs ) (i.e., determination block 802 = "NO"), the first wireless device may ignore further communication from, or may block pairing or further communication with, the sending wireless device in block 710).
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 of this title, 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 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over MOY et al. (US 20160128114 A1), hereinafter referenced as Moy, in view of Lundsgaard et al. (US 20110216692 A1), hereinafter referenced as Lundsgaard.
Regarding claims 2 and 12, Moy teaches the method according to claim 1 and the device of claim 11 respectively.
Moy further teaches the selected one of the potential pairing devices is the potential pairing device on the list having the highest signal strength (Fig. 3-10. Para. [0057]-MOY discloses the first wireless device may also select the second wireless device when the second wireless device's discovery response includes the highest signal strength).
Moy fails to teach sorting the list of potential pairing devices in a sequential order based on a signal strength between the first device and each of the potential pairing devices.
However, Lundsgaard teaches sorting the list of potential pairing devices in a sequential order based on a signal strength between the first device and each of the potential pairing devices (Fig. 5. Para. [0053]-Lundsgaard discloses where the wireless communication device 160 executes a roaming decision algorithm based on the overall candidate list (OCL). In one implementation, this can involve steps such as sorting the OCL based on the signal strength indicator value associated with each AP in the OCL, evaluating the sorted OCL to determine which AP in the OCL has the best/highest signal strength indicator value, and selecting the AP having the best/highest signal strength indicator value as its new serving AP. The APs are sorted according to signal strength indicator values in descending order with the AP having the best/highest signal strength indicator value at the top of the OCL and with the AP having the worst/lowest signal strength indicator value at the bottom of the OCL. (See also Para. [0051])).
Moy and Lundsgaard are both considered to be analogous to the claimed invention because they are in the same field of network communications, dealing with techniques for selecting a preferred access point from a plurality of access points in a wireless local area network (WLAN).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy to incorporate the teachings of Lundsgaard on device connectivity, with a motivation to sort list of potential devices based on signal strength, and guarantee improved AP selection techniques for use by a wireless communication device as the wireless communication device encounters different APs when moving from one physical location to another in a network, (Lundsgaard, Para. [0010]).
Claims 5-6, 10, 15-16, 20, 22, 23, 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over MOY et al. (US 20160128114 A1), hereinafter referenced as Moy, in view of Dikun et al. (US 20210180917 A1), hereinafter referenced as Dikun.
Regarding claims 5, 15 and 23, Moy teaches the method according to claim 1 and the device according to claim 11 and The method according to claim 21 respectively.
Moy fails to teach the setting is adjusted via a power selector ring or a knob of at least one of the potential pairing devices.
However, Dikun teaches the setting is adjusted via a power selector ring or a knob of at least one of the potential pairing devices (Para. [0033]-MOY discloses each of the first and second wireless devices may also include ... an input device 102b, 104b, such as a button, slider, knob, or similar physical input device. Para. [0101]-MOY discloses the mobile communication wireless device 1200 may also include a physical button 1224 for receiving user inputs. The mobile communication wireless device 1200 may also include a power button 1226 for turning the mobile communication wireless device 1200 on and off. Para. [0053]-MOY discloses when the first and second wireless devices are powered on, if they are not already paired with another wireless device, each of the first and second wireless devices may be configured to enter the self-pairing mode).
Dikun is considered to be analogous because it is in the same field of communication systems, dealing with method, system and computer program for monitoring, logging or assessing performance of a launcher device or a projectile launched from the launcher device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy to incorporate the teachings of Dikun on device connectivity, with a motivation for the mode setting being a present position of a controllable element, and ultimately guarantee monitoring, logging and assessing projectile performance of a launcher device or a projectile launched from the launcher device, (Dikun, Para. [0004]).
Regarding claims 6, 16 and 22, Moy teaches the method according to claim 5 and the device according to claim 15 and The method according to claim 21 respectively.
Moy fails to teach the power selector ring or the knob is rotatable to control an illumination setting of the potential pairing device.
However, Dikun teaches the power selector ring or the knob is rotatable to control an illumination setting of the potential pairing device (Fig. 1. Para. [0029]-Dikun discloses an adjustment to a diopter setting, a magnification setting, an illumination setting, an elevation setting, a windage ( or horizontal) setting or a parallax setting of the viewfinder 40. The viewfinder settings can be adjusted to match and align the actual trajectory of the projectile 30. Fig. 1-2 and 5. Para. [0025]-Dikun discloses the viewfinder 40 can include, for example, a laser rangefinder, a ballistic smart laser rangefinder, a smart rifle scope, or a smart high definition (HD) thermal rifle scope. (See also Para. [0005 and 0019])).
Dikun is considered to be analogous because it is in the same field of communication systems, dealing with method, system and computer program for monitoring, logging or assessing performance of a launcher device or a projectile launched from the launcher device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy to incorporate the teachings of Dikun on device connectivity, with a motivation for a device for controlling an illumination setting, and ultimately guarantee monitoring, logging and assessing projectile performance of a launcher device or a projectile launched from the launcher device, (Dikun, Para. [0004]).
Regarding claims 10 and 20, Moy teaches the method according to claim 1 and the device according to claim 11 respectively.
Moy fails to teach the device is a rangefinder.
However, Dikun teaches the device is a rangefinder (Fig. 1-2 and 5. Para. [0025]-Dikun discloses the viewfinder 40 can include, for example, a laser rangefinder, a ballistic smart laser rangefinder, a smart rifle scope, or a smart high definition (HD) thermal rifle scope. (See also Para. [0005 and 0019])).
Dikun is considered to be analogous because it is in the same field of communication systems, dealing with method, system and computer program for monitoring, logging or assessing performance of a launcher device or a projectile launched from the launcher device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy to incorporate the teachings of Dikun on device connectivity, with a motivation for rangefinder connectivity, and ultimately guarantee monitoring, logging and assessing projectile performance of a launcher device or a projectile launched from the launcher device, (Dikun, Para. [0004]).
Regarding claim 25, Moy teaches the method according to claim 23,
Moy fails to teach the power selector ring is rotatable to set an illumination power setting of the potential pairing device.
However, Dikun teaches the power selector ring is rotatable to set an illumination power setting of the potential pairing device (Fig. 1. Para. [0029]-Dikun discloses an adjustment to a diopter setting, a magnification setting, an illumination setting, an elevation setting, a windage ( or horizontal) setting or a parallax setting of the viewfinder 40. The viewfinder settings can be adjusted to match and align the actual trajectory of the projectile 30. Fig. 1-2 and 5. Para. [0025]-Dikun discloses the viewfinder 40 can include, for example, a laser rangefinder, a ballistic smart laser rangefinder, a smart rifle scope, or a smart high definition (HD) thermal rifle scope. (See also Para. [0005 and 0019])).
Dikun is considered to be analogous because it is in the same field of communication systems, dealing with method, system and computer program for monitoring, logging or assessing performance of a launcher device or a projectile launched from the launcher device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy to incorporate the teachings of Dikun on illumination power setting, with a motivation to set illumination power setting, and ultimately guarantee monitoring, logging and assessing projectile performance of a launcher device or a projectile launched from the launcher device, (Dikun, Para. [0004]).
Regarding claim 27, Moy teaches the method according to claim 21
Moy fails to teach the first device is a rangefinder and the potential pairing devices are riflescopes.
However, Dikun teaches the first device is a rangefinder and the potential pairing devices are riflescopes (Fig. 1-2 and 5. Para. [0025]-Dikun discloses the viewfinder 40 can include, for example, a laser rangefinder, a ballistic smart laser rangefinder, a smart rifle scope, or a smart high definition (HD) thermal rifle scope. Fig. 1. Para. [0029]-Dikun discloses an adjustment to a diopter setting, a magnification setting, an illumination setting, an elevation setting, a windage ( or horizontal) setting or a parallax setting of the viewfinder 40. The viewfinder settings can be adjusted to match and align the actual trajectory of the projectile 30. Fig. 1-2 and 5. Para. [0025]-Dikun discloses the viewfinder 40 can include, for example, a laser rangefinder, a ballistic smart laser rangefinder, a smart rifle scope, or a smart high definition (HD) thermal rifle scope. Figs. 2-4, Para. [0063]-Dikun discloses the target 10 can include a bullseye target, the launcher device 20 can include a 30-06 REMINGTON SPRINGFIELD hunting rifle, the projectile 30 can include 180 Grain .30-06 Springfield ammunition, and the viewfinder 40 can include a computing device and an image pickup device that can capture and record images of the field of view, including the target 10 when positioned in the field of view. The communication device 50 can include a smartphone. Referring to FIG. 3, the user can pull up or launch an app on the smartphone 50, confirm the smartphone 50 is paired or linked to the viewfinder 40. (See also Para. [0005] and [0019]). (See also Para. [0005 and 0019])).
Dikun is considered to be analogous because it is in the same field of communication systems, dealing with method, system and computer program for monitoring, logging or assessing performance of a launcher device or a projectile launched from the launcher device.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy to incorporate the teachings of Dikun on device connectivity, with a motivation for rangefinder connectivity with riflescope, and ultimately guarantee monitoring, logging and assessing projectile performance of a launcher device or a projectile launched from the launcher device, (Dikun, Para. [0004]).
Claims 7, 17 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over MOY et al. (US 20160128114 A1), hereinafter referenced as Moy, in view of Dikun et al. (US 20210180917 A1), hereinafter referenced as Dikun, and further in view of Sheets et al. (US 20170205195 A1), hereinafter referenced as Sheets.
Regarding claims 7, 17 and 24, Moy in view of Dikun teaches the method according to claim 5 and the device according to claim 15 and The method according to claim 23 respectively.
Moy fails to teach the power selector ring or the knob is rotatable to control a magnification of the potential pairing device.
However, Sheets teaches the power selector ring or the knob is rotatable to control a magnification of the potential pairing device (Fig. 1, Para. [0046]-Sheets discloses the turret assembly further includes a jacking screw 40 coupled to the first end 22 of the turret body 20. The jacking screw 40 is configured for rotational movement relative to the turret body 20 about the turret axis 30 and movement of the jacking screw 40 is configured to adjust an adjacent rifle scope 200).
Sheets is considered analogous because it is in the same field of network systems, dealing with a turret assembly with one or more of the following features: a locking mechanism, a stopping mechanism, and an indicator configured for translational movement.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Moy in view of Dikun to incorporate the teachings of Sheets on device connectivity, with a motivation to control a magnification of the potential pairing device, and ultimately guarantee allowing the shooter to adjust the position of the rifle scope relative to the rifle, (Sheets, Para. [0004]).
Response to Arguments
Applicant's Arguments/Remarks, filed on 03/25/2026, with respect to the Double Patenting, 35 USC § 102 and 103 rejection of claims 1-2, 5-12 and 15-20 have been fully considered. Applicant’s arguments are not persuasive.
In the remarks, on pages 11 and 12, Lines [27-28 and 1-3 respectively], Applicant argues that, “…Moy fails to teach the step in previous claim 3 of: "before wirelessly pairing, comparing a mode setting of the selected one of the potential pairing devices to a predetermined mode setting." The Office action turns to Dikun for this element which is missing from Moy. However, applicant does not find where Dikun discloses such an element.”
However, in the 03/25/2026 amendment, the referenced claim 3 has been cancelled while the limitation of the independent claims 1, 11 and 21 are disclosed in the prior arts on record as shown above.
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure.
Chakraborty et al. (US 20170238161 A1)-discloses Fig. 1 and 8, Para. [0060]-Chakraborty discloses after measuring the detected discovery signals or advertisements from potential target devices, the peer device 10 lists the discoverable target peer devices in order of signal strength (Block 815). The peer device 10 first selects the target peer device in the list with the highest signal strength (Block 820)…. …Fig. 1-8
Peters et al. (US 20100282845 A1)-discloses Fig. 6, and 10-13, Para. [0057]-Peters discloses Signaling module 140 may include an infrared transceiver, Bluetooth.TM. transceiver, or other short-range low-power transceiver for communication with a corresponding transceiver of riflescope 200, for enabling 2-way communication while conserving battery power in rangefinder 50 and riflescope 200. Data for controlling reticle 210 and elevation adjustment mechanism 220 may be transmitted via Bluetooth or other radio-frequency signals. Also, because Bluetooth transceivers facilitate two-way communication, the rangefinder 50 may query riflescope 200 for a current elevation adjustment setting, a power adjustment setting, and other information, such as the type of riflescope 200 and reticle 210 used. Para. [0053]-Peters discloses the reticle aiming mark may be emphasized relative to other reticle features, by a color change, intensity change, illumination, size or shape change, or other distinguishing effect…. …Fig. 1-6
York et al (US 20190128643 A1)-discloses Fig. 5, Para. [0045]-York discloses the LEDs may be arranged on or adjacent the containing structure of the mechanical reticle 400 … To enable the user to view the LEDs when lit, the LEDs may be located on the side of the mechanical reticle 400 closer to the ocular lens and oriented to illuminate in the direction of the ocular lens along the optical axis. Para. [0059]-York discloses the LED indicator 155 may illuminate when the digital reticle riflescope 110 is wirelessly paired with the rangefinder 140 and/or device 120 running the ballistics solution application 130 over Bluetooth or other communications means. Additionally, the LED indicator 155 may flash for various counts, set times, and/or frequencies to indicate different states to the user. . Additionally or alternatively, the LED indicator 155 may change colors to indicate different states to the user. For example, the LED indicator 155 may flash at a slower frequency when the user is configuring the digital reticle riflescope 110 through the ballistics solution application 130 running on a paired device 120.… …Fig. 1-5
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/OO/
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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