Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Claims 1-3 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/22/2026.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 02/11/2026, 06/20/2025, and 06/03/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
4. 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.
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.
5. Claims 4-5, 7-9, and 12-13 are rejected under 35 U.S.C 103 as being unpatentable over Liu (CN110139079A) in view of Sun (CN112082426A) and further view of Ottney (US2009/0051760A1).
6. Regarding claim 4, a sight with thermal imaging function (…Liu teaches a “multifunctional night vision switching sighting telescope”, wherein pg. 2-line 6-7 teach infrared night vision…)” , comprising:
a body (…pg.2-lines 30-34 teaches body shell 6 (Fig. 1) and rear cover 3 (Fig. 3)…),
a battery cover assembly (…front cover 18, pg. 3-lines 25-26; Fig. 1…),
a thermal imaging lens assembly (…objective lens assembly including objective lens 21, pg. 3-lines 42-45; Fig. 1…),
a thermal imaging core assembly (…pg. 5-lines 18-19 teach an image processing main board 9; Fig. 2…),
a battery is provided underneath the body (…battery 14 is taught on pg. 6-lines 47-48; Fig. 2 and 3…)wherein
the battery cover assembly and the thermal imaging lens assembly are provided side by side (…wherein the front cover 1 and the cover plate 2 are illustrated side by side in figures 1-3…), and
the battery is provided behind the battery cover assembly (…wherein battery 14 is behind the cover plate 2…), wherein
the thermal imaging core assembly is provided behind the thermal imaging lens assembly (…wherein the image processing main board 9 is behind the eyepiece 1; Fig. 2…).
Liu doesn’t further teach an adjusting assembly (…however, Sun teaches an adjusting mechanism for an LED light source…),
the adjusting assembly is provided behind the thermal imaging core assembly (…wherein the adjusting mechanism, as taught by Sun, includes an eyepiece (pg. 2-lines16-23), the adjusting mechanism is viewed as an element that is mounted so that an aft portion of it allows an observer to view through the eyepiece. As such, Liu also teaches an eyepiece 1, Fig. 3, which sits aft of the electronic components including the image processing main board 9…)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that an adjustment mechanism, as taught by Sun, can be implemented to a surface which provides a mating platform to the adjustment mechanism so to provide an LED light source that can help in aiming a corresponding device which requires precise aiming…);
a beam splitting display assembly (…wherein pg. 6-lines 10-16 teach a character superimposing module used to divide cross-lines and icon information is superimposed on an image; wherein the superimposing module is connected to a display driving board, which further connects to display screen 7; Liu doesn’t explicitly teach a beam splitter as a combiner optic.
However, Ottney teaches a fusion night vision system in which an information 450 from a first channel 420 and output 456 are input into a beam splitter within optics 432; a fused image 490 of a target is thereby observable for an operator of the system through an eyepiece 405, as taught in [0059-0060].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a beam splitter within a combiner optics, as taught by Ottney, is implemented so to combine different lights of different wavelengths by mean of optics rather than electronic mixing, thereby not expending additional processing power…),
the beam splitting display assembly is provided above the adjusting assembly (…wherein the adjusting assembly, as taught by Sun, is able to be mounted onto a device as taught by Liu. Further, Ottney depicts, in Fig. 4A, different lights of different wavelengths being combined wherein optics 432 outputs a fused image.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that lights of different wavelengths can simultaneously be captured and be visually observable in a set up of a system which combines the elements of image capturing as taught Liu and also have the means to additionally mount additional accessory as taught by Sun; so to have a versatile ability to have vision in dark environments…).
7. Regarding claim 5, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
the battery cover assembly is replaced with an infrared lighting assembly (…wherein an infrared lamp 19, Liu, is mounted on the front cover 18, as taught on pg.3-lines 39-40; Fig. 2…), and
the thermal imaging lens assembly (…wherein the objective lens 21 can work in conjunction with an infrared lamp, as taught on pg. 4-lines 8-12; further, pg. 7-lines 24-27 teach a use of a control panel whereby the switching of the infrared light is performed…) is replaced with a low-light night vision camera module (…wherein pg. 4-lines 36-42 teach the image acquisition main board being provided with a low illumination image collector relative to the imaging direction of the objective lens 21 and working in switchable modes...).
8. Regarding claim 7, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
a first main control board and a second main control board are provided on the right side of the body , and the first main control board is located in front of the second main control board (…wherein Liu, on pg. 7-lines 17-23 (figures 2 and 3), teaches operational panel 10. The panel, located on the right side of the main body 6, has several buttons which are used to control operations of an infrared light, laser and switching of laser lights. As such, the panel is viewed as including a first and second control board which perform the operations of controlling the infrared light and switching of the laser lights…).
9. Regarding claim 8, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
the adjusting assembly comprises
an adjusting assembly main body (…wherein Sun teaches an unnumbered unit of the adjustment mechanism whereon a mounting groove 17 and elements 12 are based on; Fig. 1…) ,
an LED base is provided in the adjusting assembly main body (…Sun teaches a lateral mounting block 7; figures 1 and 2…),
the LED base is connected to a chip base (…wherein Sun teaches an LED chip module mounting seat 6; Fig. 2…), and
an LED graphics chip is provided on the chip base (…wherein Sun depicts an unnumbered element above LED chip module mounting seat in Fig. 2…); wherein
the lower left side of the adjusting assembly main body [[(17) ]]is provided with a slope (…wherein Sun teaches an inclined portion 16; Fig. 3…),
the slope is in contact with a beveled ejector block (…wherein Sun teaches wedge block 8 in figure 2; pg. 3-lines 20-22 teach that a bottom surface of transverse slider 5 possessing the inclined portion 16 having the ability to slide parallel to the inclined surface of wedge block 8…), and
a first fine-tuning screw is provided on the left side of the beveled ejector block (…wherein Sun teaches Right adjusting screw 3, left to element 8; Fig. 2…); wherein
a transverse ejector block is provided on the right side of the adjusting assembly main body (…wherein Sun teaches stop block 2; Fig. 2…),
a second fine-tuning screw is provided on the right side of the transverse ejector block (…wherein Sun teaches left adjusting screw; Fig. 2…), and
a transverse ejector spring (…Sun teaches spiral return spring 10; Fig. 2…) is further provided between the adjusting assembly main body [[(17) ]]and the transverse ejector block (…wherein a left end of transverse slide 5 is in contact with the stop 2; relative to the horizontal slider 5 and a right end baffle 11 along a horizontal sliding groove 4, the spiral return spring 10 achieves the same purpose being mounted on the limit pin 9, as if the return spring 10 were faced with stop 2…); wherein
a compression spring is provided above the adjusting assembly main body (…Sun teaches vertical spiral spring 13; Fig. 2…), and
the adjusting assembly further comprises
an adjusting screw provided behind the adjusting assembly body (…Sun teaches a first spring ejector pin 14; Fig. 2.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that an adjustment mechanism, as taught by Sun, can be implemented to a surface which provides a mating platform to the adjustment mechanism so to provide an LED light source that can help in aiming a corresponding device which requires precise aiming…).
10. Regarding claim 9, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
the beam splitting display assembly [[(8) ]]comprises
a beam splitter base (…wherein Ottney teaches optic 432 in [0060]; Figures 4A and 4C…),
a beam splitter provided in the beam splitter base (…wherein [0060] teaches a beam splitter in optics 432; Figures 4A and 4C…),
a display screen provided on the right side of the beam splitter base (…wherein Ottney teaches eyepiece 406; Figures 4A and 4C…), and
a beam splitter cover provided above the beam splitter base (…wherein the external walls of optics 432 are viewed as beam splitter cover.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a beam splitter within a combiner optics, as taught by Ottney, is implemented so to combine different lights of different wavelengths by mean of optics rather than electronic mixing, thereby not expending additional processing power…).
11. Regarding claim 12, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
a data charging port is further provided on the right side of the body and behind the battery a charging indicator light is provided near the data charging port (…wherein Liu, on pg. 6-lines35-40, teaches a USB interface for external connection to a charging device, provided through plug 23. Ottney further teaches a display 1106, in [0102], which for example can display battery life information. Ottney also teaches a data-out port 1164 and data-in port 1162.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that data-in/out ports can be assigned different locations in implementation, so to provide efficient design with respective components that work in common functions…).
12. Regarding claim 13, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
a switch indicator light is provided on the left side of the body [[(1) ]]and near a second main control board (…wherein pg. 7 (lines 24-31) describe the features of switching between different lasers or color modes relative to panel 10; light indicators along with switching features are commonly known in the industry. Further, Ottney, in [0102], teaches a display 1106 wherein the display is used to display various system information.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a display, as taught by Ottney, can easily be implemented in the teaching of Liu whereby system information or mode of operation can be displayed thereby giving a user of a device quick visual input information for further operation…).
13. Claim 6 is rejected under 35 U.S.C 103 as being unpatentable over Liu (CN110139079A) in view of Sun (CN112082426A) and Ottney (US2009/0051760A1) and further view of Mauricio et al. US2012/0030985A1.
14. Regarding claim 6, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above). Sun further teaches an internal red dot sighting telescope to include
a front cover is provided in front of the body (…wherein Sun teaches a protective cover of an objective lens; see figures 8 and 9 for the protective cover, as taught on pg. 4-lines 24-26…),
a lens is provided behind the front cover (…wherein Sun teaches an objective lens on pg. 4-lines 24-26…),
a back cover is provided behind the body (…wherein Sun teaches a protective cover of the eyepiece on pg. 4 lines 24-26…),
a window protection glass is provided in front of the back cover (…wherein Sun teaches that the protective cover includes a protective glass 28 on pg. 4-line 26-27; Fig. 8…).
Liu in view of Sun and Ottney doesn’t further teach
a solar charging panel is provided in the middle of the top of the body (…however, Mauricio teaches a fused optic system including a photovoltaic cell 344 wherein [0105] teaches the photovoltaic cell may be used to recharge batteries 342; Fig. 10.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, that a photoelectric cell as taught by Mauricio can be implemented in the teachings of the combined references of Liu in view of Sun and Ottney, wherein the battery life of such device is prolonged and further recharged thereby allowing a user of the device prolonged usage…).
15. Claim 10 is rejected under 35 U.S.C 103 as being unpatentable over Liu (CN110139079A) in view of Sun (CN112082426A) and Ottney (US2009/0051760A1) and further view of Wang WO2020048079A1.
16. Regarding claim 10, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above), wherein
a conductive tube is further provided at the periphery of the battery (…wherein Liu teaches a receiving cavity in casing 6 for the battery 14, as taught on pg.6-lines 43-46…),
a conductive spring is provided behind the battery (…wherein Liu teaches a conductive spring for electrically connecting the battery, on pg. 6-lines 46-47…).
Liu doesn’t further specify wherein
a conductive plate (…however, Wang teaches a circuit board 5 in Fig. 6, further, pg. 1-lines 30-32 that the circuit board is provided with a conductive metal sheet (conductive pad) for conductive connection…),
a buffer pad (…wherein Wang teaches a lower annular conductive pad, on pg. 3-lines 29-30…),
a positive electrode plate are provided in sequence behind the battery (…wherein Wang teaches an electrode 2 which connects to positive end of a spring, on pg. 2-lines 35-39; Fig. 6.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a battery spring conducting apparatus as taught by Wang can be implemented in the device as taught by the combined reference of Liu in view of Sun and Ottney, thereby providing a weld free assembly…).
17. Claim 11 is rejected under 35 U.S.C 103 as being unpatentable over Liu (CN110139079A) in view of Sun (CN112082426A) and Ottney (US2009/0051760A1) and further view of Zhang (CN111965780B).
18. Regarding claim 11, Liu in view of Sun and further view of Ottney teaches the sight with thermal imaging function according claim 4 (see claim 4 above). Liu teaches an objective lens 21 (figures 1 and 2) which is not extensively limited; however, an object lens holder 20, which may correspond to a connecting sleeve, is taught.
Liu doesn’t further teach the thermal imaging lens assembly further comprising
a lens gasket (…Zhang teaches a first gasket 14; Fig. 3…),
a sealing gasket (…Zhang teaches a first O-ring 13; Fig. 3…)and
a core pressing ring (…Zhang teaches a first pressure ring 12; Fig. 3…), and wherein
a core buffer pad is provided between the thermal imaging lens assembly and the thermal imaging core assembly (…further, Zhang teaches damping and buffering effects of o-rings and gaskets and as such it is well known in the art to provide such an element between mating surfaces of modular devices, as taught on pg.4-lines 3-lines 34-36.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a lens assembly, as taught by Zhang, can be implemented as part of the objective lens holder as taught by Liu, thereby providing proper dampening and sealing elements to the assembly of the lens…).
Conclusion
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURAFEL YILMAKASSAYE whose telephone number is (703)756-1910. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/SURAFEL YILMAKASSAYE/Examiner, Art Unit 2639
/TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
