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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. MPEP 606.01 guides that a descriptive title may result in slightly longer title, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc.
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 12 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.
Claim 12 recites the term "bayonet-type mount." The use of "type" indicates the mount does not have to be a bayonet mount and that it only requires some characteristics of a bayonet mount. The specification nor the claim sets forth what characteristics the mount must have in order to be considered a "bayonet-type mount" and more importantly, what is not a "bayonet-type mount" and thus one of ordinary skill in the art would not know the bounds of the claims. For Examination purposes, the term will be interpreted as a bayonet mount.
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.
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Claim(s) 1-4 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (CN 116736514).
CN 514 shows a multi0-channel field divider as follows:
1. A telescope ("the telescope optical system") comprising:
a light beam splitting device ("a light splitting prism 1 ") disposed on an optical axis of the telescope, the light beam splitting device including a plurality of mirror surfaces configured to split a beam of light incident on the telescope into a plurality of beams of light ("dividing into 3 layers of arrangement structure of 4-8-4, each layer of mirror surface is also a central symmetrical structure, it comprises a plurality of sub-mirror surfaces, the sub-field beam pointing pitching angle corresponding to the plurality of sub-mirror surfaces in each layer of mirror surface is the same, namely the outer layer of mirror surfaces (3-1, 3-2, 3-3 and 3-4), middle layer mirror surface (2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7 and 2-8) and inner layer mirror surface (1-1, 1-2, 1-3 and 1-4), total three layer 16 sub-mirror surface. each sub-mirror surface is a reflecting surface, and the reflecting surface is plated with an anti-reflection film, the main body of the reflecting surface is quadrangular, "); and
a mounting device (micro-adjusting ball head screw 233; See also description of Fig. 6) configured to mount a plurality of optical detectors to the telescope such that the plurality of optical detectors respectively correspond to the plurality of beams of light split by the light beam splitting device (The recitation of "configured to mount a plurality of optical detectors…." recites the intended purpose of the mounting device. The limitation does not require the claimed telescope to comprise the detectors, but only that the detectors can be mounted..
2. The telescope according to claim 1, wherein the light beam splitting device is a single optical element that includes the plurality of mirror surfaces (See Fig. 2).
3. The telescope according to claim 1, wherein the mirror surfaces are inclined at 45 degrees with respect to the optical axis (Figs. 1 and 2 show mirror 2-3 at 45 degrees).
4. The telescope according to claim 1, wherein the light beam splitting device includes a through-hole in a location that corresponds to the optical axis of the telescope (For claim 4, the components 1 to 4 of Fig. 1 is taken to be the light beam splitting device and the inherent structure that holds the device of Fig. 1 is taken to be the mounting device. See switching base 4 in Fig. 6 that has a through hole; "the base 3 installs the multi-channel field divider in the working area through the switching base 4").
12. The telescope according to claim 1, wherein the mounting device includes a bayonet-type mount (see bayonet 23 in Fig. 5).
13. The telescope according to claim 1, wherein the plurality of mirror surfaces are asymmetrically arranged around the optical axis (mirrors 3-1, 3-2 are asymmetric to mirrors 2-1, 1-1).
14. The telescope according to claim 1, wherein no mirror surface is formed on a plane perpendicular to the optical axis of the light beam splitting device (Fig. 2 shows no mirror surface is formed on a plane perpendicular to the optical axis of the light beam splitting device.)
Claim(s) 1-4, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rando et al. (US 6,327,090).
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Rando shows a telescope having a multiple laser beam generation (column 4, lines 6-9) as follows:
1. A telescope comprising:
a light beam splitting device (Figs. 10A to 13; "glass pyramid 72") disposed on an optical axis of the telescope, the light beam splitting device including a plurality of mirror surfaces configured to split a beam of light incident on the telescope into a plurality of beams of light (column 4, lines 17-33: "The reflector element 72 is shown in FIGS. 10A-C. The reflecting faces 80a, 80b, 80c, 80dare each at an angle of 45 degree"); and
a mounting device (chassis 82) configured to mount a plurality of optical detectors to the telescope such that the plurality of optical detectors respectively correspond to the plurality of beams of light split by the light beam splitting device (The recitation of "configured to mount a plurality of optical detectors…." recites the intended purpose of the mounting device. The limitation does not require the claimed telescope to comprise the detectors, but only that the detectors can be mounted and in this case detectors can be mounted on the chassis).
2. The telescope according to claim 1, wherein the light beam splitting device is a single optical element that includes the plurality of mirror surfaces (Figs. 10A to 13; "glass pyramid 72"; column 4, lines 17-33: "The reflector element 72 is shown in FIGS. 10A-C. The reflecting faces 80a, 80b, 80c, 80dare each at an angle of 45 degree").
3. The telescope according to claim 1, wherein the mirror surfaces are inclined at 45 degrees with respect to the optical axis (column 4, lines 17-33: "The reflector element 72 is shown in FIGS. 10A-C. The reflecting faces 80a, 80b, 80c, 80dare each at an angle of 45 degree").
4. The telescope according to claim 1, wherein the light beam splitting device includes a through-hole in a location that corresponds to the optical axis of the telescope (column 4, lines 17-33: "FIG. 12 shows the reflector element 72a with a round transmitting hole 81," "The reflector element 72, 72a could be replaced with a metal element of the same shape, with a round or square hole through it, and with reflective coatings on the four 45.degree. faces.").
12. The telescope according to claim 1, wherein the mounting device includes a bayonet-type mount (see Fig. 13 where the chassis has the shape of a bayonet).
14. The telescope according to claim 1, wherein no mirror surface is formed on a plane perpendicular to the optical axis of the light beam splitting device (column 4, lines 17-33: "FIG. 12 shows the reflector element 72a with a round transmitting hole 81," "The reflector element 72, 72a could be replaced with a metal element of the same shape, with a round or square hole through it, and with reflective coatings on the four 45.degree. faces.").
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(s) 5 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claim 4 above, and further in view of JP 3790829.
Xu shows all the elements of claim 4 above but does not show a focusing device that moves the light beam splitting device along the optical axis.
Xu does show detectors placed in focus with the multi-channel visual field divider, but not a focusing device. Official notice is taken that adjustable focusing by moving an optical element along the optical axis was well known. Before the effective filing date of the claimed invention, it would have been obvious make the focus of the telescope adjustable in order maintain focus when focus is lost.
With respect to claims 8 and 9, Xu does not show the focusing device to be a hollow motor or an ultrasonic motor.
JP 3790829 shows a telescope (Para. [0001]) where a ultrasonic hollow actuator is used for a lens to prevent shaking of the optical system and stabilize the image. Before the effective filing date of the claimed invention, it would have been obvious to use an ultrasonic hollow actuator to move Xu's light beam splitting device in order to quickly adjust the focus and stabilize the image.
10. The telescope according to claim 5, wherein an amount of movement of the light beam splitting device for the focusing is calculated by a circuit included in at least one of the plurality of optical detectors and configured to detect focal displacement based on a phase difference (The circuit and the optical detectors are not taken to be elements of the telescope and thus claim 10 is not found to structurally distinguish from the telescope of claim 5. The claims do not positively recite that the telescope comprises these elements consistent with the light beam splitting device and the mounting device as recited in claim 1 or the detector recited in claim 6. Nor are the circuit and detectors listed by an indented line. "Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation." 37 C.F.R. 1.75(i). For these reasons, the limitations of claim 10 are reasonably taken as statements of how the claimed telescope of claim 5 is intended to be employed.
11. The telescope according to claim 6, wherein the second optical detector is a wavefront sensor (The optical detectors are not taken to be elements of the telescope and thus claim 11 is not found to structurally distinguish from the telescope of claim 6. The claims do not positively recite that the telescope comprises the detectors consistent with the light beam splitting device and the mounting device as recited in claim 1 or the detector recited in claim 6. Nor are the detectors listed by an indented line. "Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation." 37 C.F.R. 1.75(i). For these reasons, the limitations of claim 11 are reasonably taken as statements of how the claimed telescope of claim 6 is intended to be employed.).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claim 1 above, and further in view of Official notice.
Xu shows the telescope according to claim 1 as discussed above but does not show a controller configured to control the direction of image captured by the telescope.
Official notice is taken that automatic direction control of telescopes with the use of a controller were well known. Before the effective filing date of the claimed invention, it would have been obvious to use a controller to automatically control the direction of the telescope in order to reduce manually having to aim the telescope.
Allowable Subject Matter
Claims 6 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
With respect to claims 6 and 7, the prior art of record fails to show a telescope are recited for claim 6 comprising a second optical detector disposed on an imaging plane of a beam of light passing through the through-hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
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/Hwa Andrew Lee/Primary Examiner, Art Unit 2877