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 .
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Claim Rejections - 35 USC § 112
Applicant’s arguments filed on September 29th, 2025 with respect to the 112 rejections of the claims have been fully considered and are persuasive. Accordingly, the 112 rejections of the claims have been withdrawn.
Claim Objections
Claim 24 is objected to because of the following informalities: the limitation “a first bean combiner” in line 3 should read “a first beam combiner”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 5-7, 9-11, 15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by VanBecelaere (US 2017/0343317 A1, of record).
Regarding claim 1, VanBecelaere teaches a display system for a viewing optic comprising:
an optical system for generating an image of an outward scene along a viewing optical axis (See, e.g., Fig. 1B which shows this);
a first active display configured to generate a first image (See, the combination of leftmost display 166 and the beam splitting surface of the prism above the display as explained in paragraph [0030] in the view shown in Fig. 1B which generates a first image), wherein the first image is substantially parallel to the viewing optical axis (See, e.g., Fig. 1B which shows the screen of display 166 to be parallel to the viewing axis) and a second active display configured to generate a second image (See, e.g., the combination of rightmost display 166 and the beam splitting surface of the prism above the display as explained in paragraph [0030] in the view shown in Fig. 1B which generates a second image), wherein the second image is substantially perpendicular to the viewing optical axis (See, e.g., Fig. 1B which shows the image created by display 166 to be perpendicular to the axis after reflecting from the beamsplitter) wherein the first active display and second active display are perpendicular to one another (Note that at least the beam splitting reflective surfaces cited above are perpendicular, meeting this limitation), and further wherein the first image or the second image is directed to a first beam combiner for simultaneous overlaid viewing with an image of an outward scene in a first focal plane of the viewing optic (See, e.g., the rightmost prism 172 in the view shown in Fig. 1B, which combines the images from the two displays and the external scene to form a single composite image for a user).
Regarding claim 2, VanBecelaere teaches the device set forth above and further teaches a second beam combiner located between the first active display and the second active display (See, e.g., the leftmost prism 172 in the view shown in Fig. 1B, which is located between the two displays at least optically).
Regarding claim 5, VanBecelaere teaches the device set forth above and further teaches a lens system configured to collect light from the second beam combiner (See, e.g., lens 132 in Fig. 1B which collects light from the entire system, including the second beam combiner).
Regarding claim 6, VanBecelaere teaches the device set forth above and further teaches a reflective material configured to project the first image or the second image to the first beam combiner (See, e.g., the angled face of the leftmost prism 172 in the view shown in Fig. 1B which reflects the first image to the first beam combiner as cited herein).
Regarding claim 7, VanBecelaere teaches the device set forth above and further teaches wherein the first image or second image generated by the first active display or the second active display is selected from the group consisting of: text, alpha-numeric, graphics, symbols, video imagery, icons, active target reticles, range measurements, wind information, GPS and compass information, firearm inclination information, target finding, recognition and identification (ID) information, external sensor information, temperature, pressure, humidity, real time ballistic solutions, a thermal image, and next round ballistic correction through in-flight tracer round detection and tracking (Note that the two displays are configured to display a reticle like the ones in Figs. 3A-E and those correspond to at least a graphic or symbol).
Regarding claim 9, VanBecelaere teaches a viewing optic comprising: an optical system for generating an image of an outward scene along a viewing optical axis (See, e.g., Fig. 1B which shows this); a first active display configured to generate a first image (See, the combination of leftmost display 166 and the beam splitting surface of the prism above the display as explained in paragraph [0030] in the view shown in Fig. 1B which generates a first image), wherein the first image is substantially parallel to the viewing optical axis (See, e.g., Fig. 1B which shows the screen of display 166 to be parallel to the viewing axis) and a second active display configured to generate a second image (See, e.g., the combination of rightmost display 166 and the beam splitting surface of the prism above the display as explained in paragraph [0030] in the view shown in Fig. 1B which generates a second image), wherein the second image is substantially perpendicular to the viewing optical axis (See, e.g., Fig. 1B which shows the image created by display 166 to be perpendicular to the axis after reflecting from the beamsplitter) wherein the first active display and second active display are perpendicular to one another (Note that at least the beam splitting reflective surfaces cited above are perpendicular, meeting this limitation), a beam combiner located between the first active display and the second active display and configured to combine the first image and second image to generate a combined image, wherein the combined image is projected into a first focal plane of the viewing optic (See, e.g., the rightmost prism 172 in the view shown in Fig. 1B, which combines the images from the two displays and the external scene to form a single composite image for a user).
Regarding claim 10, VanBecelaere teaches the device set forth above and further teaches a lens system to collect light from the beam combiner (See, e.g., lens 132 in Fig. 1B which collects light from the entire system).
Regarding claim 11, VanBecelaere teaches the device set forth above and further teaches a reflective material configured to direct the combined image to the first focal plane of the viewing optic (See, e.g., the prisms 172 in Fig. 1B which direct the image via reflection at least partially).
Regarding claim 15, VanBecelaere teaches a method for viewing with a viewing optic comprising:
viewing a field of view of an outward scene along a viewing optical axis with an optical system having a first focal plane and a first beam combiner (See, e.g., the optical system in Fig. 1B and note that viewing a field of view of an outward scene is how a user uses the device in normal operation. Here the first beam combiner corresponds to the leftmost prism 172 in the view shown in Fig. 1B);
generating a first image with a first active display, wherein the first image is substantially parallel to the viewing optical axis (See, e.g., the leftmost display 166 in the view shown in Fig. 1B and note that the face of the display generating the image is parallel to the viewing axis as shown in the Fig.);
generating a second image with a second active display, wherein the second image is substantially perpendicular to the viewing optical axis (See, e.g., the rightmost display 166 in the view shown in Fig. 1B and note that the second image is perpendicular to the viewing axis when reflected by the reflecting surface of the beam splitter);
combining the first image and the second image with a second beam combiner to produce a combined image (See, e.g., the rightmost prism 172 in the view shown in Fig. 1B); and
directing the combined image to the first beam combiner for simultaneous overlaid viewing of the combined image and image of the outward scene in the first focal plane of the viewing optic (Note that simultaneous overlaid viewing of the combined image and the image of the outward scene is achieved by this device, and note that insofar as the rightmost prism 172 directs some fragment of light back towards the leftmost prism 172 in the view shown in Fig 1B this limitation is met).
Regarding claim 20, VanBecelaere teaches the method set forth above and further teaches wherein the first image or second image generated by the first active display or the second active display is selected from the group consisting of: text, alpha-numeric, graphics, symbols, video imagery, icons, active target reticles, range measurements, wind information, GPS and compass information, firearm inclination information, target finding, recognition and identification (ID) information, external sensor information, temperature, pressure, humidity, real time ballistic solutions, a thermal image, and next round ballistic correction through in-flight tracer round detection and tracking (Note that the two displays are configured to display a reticle like the ones in Figs. 3A-E and those correspond to at least a graphic or symbol).
Allowable Subject Matter
Claims 24-28 are allowable but need to be rewritten to overcome the informalities set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 8, 14, 19, and 21-23 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.
The following is an examiner’s reasons for indicating allowable subject matter:
Regarding claim 24, the prior art, alone or in combination, fails to teach a second beam combiner located between the first active display and a lens system configured to collect light from the second beam combiner, wherein the second display is located below the first beam combiner and above the second beam combiner.
Regarding claims 8, 14, and 19, the prior art, alone or in combination, fails to teach wherein the first active display has a low color depth as compared to the second active display, a low resolution as compared to the second active display, and high brightness as compared to the second active display.
Regarding claims 21-23, the prior art, alone or in combination, fails to teach wherein the first active display has a high color depth as compared to the second active display, a high resolution as compared to the second active display, and low brightness as compared to the second active display.
Regarding claims 25-28, these claims depend on an allowable base claim and are therefore allowable at least the reasons stated supra.
Response to Arguments
Applicant's arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejection necessitated by the amendments to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MITCHELL OESTREICH whose telephone number is (571)270-7559. The examiner can normally be reached M-F 8:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MITCHELL T OESTREICH/Examiner, Art Unit 2872
/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872