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.
Election/Restrictions
Applicant’s election without traverse of Species B in the reply filed on May 19, 2026 is acknowledged.
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.
Claim 28 is 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 28, the limitation “ cylindrical rollers (e.g. wheels)” renders the scope of the claim unclear. Namely, it is unclear if the use of “e.g. wheels” is intended to further limit the scope. For examination purposes, it is presumed that any cylindrical rollers satisfy the claim.
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.
Claims 21-27, 29, and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Agenieux (US 3,090,282).
In regard to claim 21, Agenieux discloses a focuser (see e.g. Column 1, lines 14-15 for mechanism that changes focal length) for an optical instrument such as a telescope, the focuser comprising (see e.g. Figures 1-8):
a first tube 8 (denoted “second barrel”, see e.g. Column 2, lines 11-14) that extends in a longitudinal direction (see e.g. Figure 2 for extension of 8 in longitudinal direction);
a second tube 5 (denoted “fixed supporting tube”, see e.g. Column 1, line 70-Column 2, line 4) that extends in the longitudinal direction (see e.g. e.g. Figure 2 for extension of 5 in the longitudinal direction), the second tube 5 comprising a bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) shaped to define a bore (i.e. internal space of 5, see e.g. Figures 1-4) that extends in the longitudinal direction (see e.g. Figure 2 for internal space of 5 extending in longitudinal direction) wherein the first tube 8 extends into the bore (see e.g. Figure 2 for 8 extending into internal space of 5);
an optical element 1 or 2 (denoted “lenses”, see e.g. Column 1, lines, 67-69) coupled to one of the first and second tubes 8, 5 for movement therewith (see e.g. Figures 1-4);
a padding element 6 (denoted “first barrel”, see e.g. Column 1, line 70-Column 2, line 4) located between an outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5, the padding element 6 shaped to define a plurality of slots 6b (see e.g. Column 2, lines 40-45) that penetrate the padding element 6 (see e.g. Figure 7);
a plurality of rolling members 9 (denoted “balls”, see e.g. Column 2, lines 11-14 and Figure 4), with at least one rolling member 9 located in each slot 6b to make contact with the outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5 (see e.g. Figure 3);
wherein relative movement between the first and second tubes 8, 5 in the longitudinal direction is facilitated by rolling movement in the longitudinal direction of the rolling members 5 (see e.g. Column 2, lines 52-55), in their respective slots 6b (see e.g. Column 2, lines 52-55), along the outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5 (see e.g. Column 2, lines 46-63).
In regard to claim 22, Agenieux discloses the limitations as applied to claim 21 above, and
wherein the slots 6b and rolling members 9 are shaped such that the slots confine the rolling members 9 to movement within their respective slots 6b (see e.g. Figures 1-7).
In regard to claim 23, Agenieux discloses the limitations as applied to claim 21 above, and
where the slots 6b extend in longitudinal directions and wherein the slots 6b and rolling members 9 are shaped such that the slots guide 6b the rolling members 9 for rolling movement that is substantially limited to the longitudinal direction within their respective slots 6b (see e.g. Figures 1-7).
In regard to claim 24, Agenieux discloses the limitations as applied to claim 21 above, and
wherein the plurality of slots comprise at least a first pair of slots 8b (see e.g. Figures 8-11 and Column 3, lines 11-45 for alternative embodiment with slots 8b) that are spaced apart from one another in the longitudinal direction (see e.g. Figure 10) and at least a second pair of slots that are spaced apart from one another in angular directions about a longitudinally extending axis (see e.g. Figure 10).
In regard to claim 25, Agenieux discloses the limitations as applied to claim 21 above, and
wherein the slots 6b are at least one of located and shaped such that the rolling movement in the longitudinal direction of the rolling members 9, in their respective slots 6b, along the outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5 maintains the first tube 8 and the second tube 5b in a substantially co-axial relationship to thereby mitigate image drift (see e.g. Figures 1-4 for co-axial relationship).
In regard to claim 26, Agenieux discloses the limitations as applied to claim 24 above, and
wherein the slots 6b are at least one of located and shaped such that the rolling movement in the longitudinal direction of the rolling members 9, in their respective slots 6b, along the outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5 maintains the first tube 8 and the second tube 5b in a substantially co-axial relationship to thereby mitigate image drift (see e.g. Figures 1-4 for co-axial relationship).
In regard to claim 27, Agenieux discloses the limitations as applied to claim 21 above, and
wherein the rolling members 9 comprise ball bearings (see e.g. Column 2, lines 11-14 and Figure 4).
In regard to claim 29, Agenieux discloses the limitations as applied to claim 21 above, and
wherein at least some of the plurality of slots 8b (see e.g. Figures 8-11 and Column 3, lines 11-45 for alternative embodiment with slots 8b) are arranged to be collinear with, and spaced apart from, one another in the longitudinal direction (see e.g. Figures 8-11).
In regard to claim 40, Agenieux discloses a method for focusing an optical instrument such as a telescope (see e.g. Column 1, lines 14-15 for mechanism that changes focal length), the method comprising (see e.g. Figures 1-11):
providing a first tube 8 (denoted “second barrel”, see e.g. Column 2, lines 11-14) that extends in a longitudinal direction (see e.g. Figure 2 for extension of 8 in longitudinal direction);
providing a second tube 5 (denoted “fixed supporting tube”, see e.g. Column 1, line 70-Column 2, line 4) that extends in the longitudinal direction (see e.g. e.g. Figure 2 for extension of 5 in the longitudinal direction), the second tube 5 comprising a bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) shaped to define a bore (i.e. internal space of 5, see e.g. Figures 1-4) that extends in the longitudinal direction (see e.g. Figure 2 for internal space of 5 extending in longitudinal direction) wherein the first tube 8 extends into the bore (see e.g. Figure 2 for 8 extending into internal space of 5);
providing an optical element 1 or 2 (denoted “lenses”, see e.g. Column 1, lines, 67-69) coupled to one of the first and second tubes 8, 5 for movement therewith (see e.g. Figures 1-4)
providing a padding element 6 (denoted “first barrel”, see e.g. Column 1, line 70-Column 2, line 4) located between an outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5, the padding element 6 shaped to define a plurality of slots 6b (see e.g. Column 2, lines 40-45) that penetrate the padding element 6 (see e.g. Figure 7);
providing a plurality of rolling members 9 (denoted “balls”, see e.g. Column 2, lines 11-14 and Figure 4), with at least one rolling member 9 located in each slot 6b to make contact with the outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5 (see e.g. Figure 3);
facilitating relative movement between the first and second tubes 8, 5 in the longitudinal direction is facilitated by rolling movement in the longitudinal direction of the rolling members 5 (see e.g. Column 2, lines 52-55), in their respective slots 6b (see e.g. Column 2, lines 52-55), along the outer surface of the first tube 8 and the bore-defining surface (i.e. inner wall of 5, see e.g. Figures 1-4) of the second tube 5 (see e.g. Column 2, lines 46-63).
Claim Rejections - 35 USC § 103
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.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Agenieux (US 3,090,282) in view of Schmidt (US 6,069,754).
In regard to claim 28, Agenieux discloses the limitations as applied to claim 21 above, but fails to disclose
wherein the rolling members comprise cylindrical rollers (e.g. wheels).
However, Schmidt discloses (see e.g. Figures 3-5):
wherein the rolling members comprise cylindrical rollers (e.g. wheels) 48a,b.
Given the teachings of Schmidt, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Agenieux with wherein the rolling members comprise cylindrical rollers (e.g. wheels).
Using cylindrical rollers, wheels, etc. would be an art recognized equivalent structure for facilitating movement in the device.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Agenieux (US 3,090,282) in view of Choi et al. (KR 101565837, of which an English translation is attached).
In regard to claim 30, Agenieux discloses the limitations as applied to claim 21 above, but fails to disclose
wherein the padding element is semi-tubularly shaped and extends in the longitudinal direction with a semi-annular cross-section in planes orthogonal to the longitudinal direction that subtends an arc less than 360°.
However Choi et al. discloses (see e.g. Figure 1):
wherein the padding element 30 (denoted “adapter supporting bushing”, see e.g. page 4, 9-10th paragraphs) is semi-tubularly shaped and extends in the longitudinal direction with a semi-annular cross-section in planes orthogonal to the longitudinal direction that subtends an arc less than 360° (see e.g. Figure 1 where element 30 is open).
Given the teachings of Choi et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Agenieux with wherein the padding element is semi-tubularly shaped and extends in the longitudinal direction with a semi-annular cross-section in planes orthogonal to the longitudinal direction that subtends an arc less than 360°.
Providing the semi-tubular shape would be a matter of a change of shape of the element which is considered to be within ordinary skill in the art. By reducing the material used, a lighter device may be obtained.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Agenieux (US 3,090,282) in view of Inaba (US 2015/0277079 A1).
In regard to claim 31, Agenieux discloses the limitations as applied to claim 21 above, but fails to disclose
an orthogonal biasing system operative to apply an orthogonal force against the first tube or the second tube, the orthogonal force oriented to have a component orthogonal to the longitudinal direction, the orthogonal force maintaining contact between the rolling members and the outer surface of the first tube and contact between the rolling members and the bore-defining surface of the second tube and maintaining the first tube and the second tube in a substantially co-axial relationship to thereby mitigate image drift.
However, Inaba discloses (see e.g. Figures 1-2, 4b):
an orthogonal biasing system (i.e. spring 15, metal fitting 16) operative to apply an orthogonal force against the first tube 20 or the second tube, the orthogonal force oriented to have a component orthogonal to the longitudinal direction (see e.g. Figure 1, 2 where the longitudinal direction is parallel to the optical axis), the orthogonal force maintaining contact between the rolling members 11a and the outer surface of the first tube 20 and contact between the rolling members and the bore-defining surface of the second tube 30 and maintaining the first tube 20 and the second tube 30 in a substantially co-axial relationship to thereby mitigate image drift (see e.g. paragraph [0026]).
Given the teachings of Inaba, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Agenieux with an orthogonal biasing system operative to apply an orthogonal force against the first tube or the second tube, the orthogonal force oriented to have a component orthogonal to the longitudinal direction, the orthogonal force maintaining contact between the rolling members and the outer surface of the first tube and contact between the rolling members and the bore-defining surface of the second tube and maintaining the first tube and the second tube in a substantially co-axial relationship to thereby mitigate image drift.
Providing a biasing system would allow for the device to maintain motion in preferred directions without drift.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Agenieux (US 3,090,282) in view of Inaba (US 2015/0277079 A1) and further in view of Schmidt (US 6,069,754).
In regard to claim 32, Agenieux, in view of Inaba, discloses the limitations as applied to claim 31 above, but fails to disclose
wherein the orthogonal biasing system comprises a biasing mechanism comprising a compressed spring and a pressure plate connected directly or indirectly, through another fixed component, to a base of the focuser.
However, Schmidt discloses (see e.g. Figure 6):
wherein the orthogonal biasing system comprises a biasing mechanism comprising a compressed spring 122 (see e.g. Column 4, lines 65-67) and a pressure plate 70 (denoted “friction plate”, see e.g. Column 4, lines 28-32) connected directly or indirectly, through another fixed component 68 (denoted “fastener”, see e.g. Column 4, lines 28-32), to a base of the focuser (i.e. in recess 66, see e.g. Column 4, lines 28-32).
Given the teachings of Schmidt, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Agenieux, in view of Inaba, with wherein the orthogonal biasing system comprises a biasing mechanism comprising a compressed spring and a pressure plate connected directly or indirectly, through another fixed component, to a base of the focuser.
Providing the spring connection fastened to the focuser would allow strict movement in a desired direction to be achieved without drift.
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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/JESSICA M MERLIN/Primary Examiner, Art Unit 2871
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