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 .
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 01/17/2025. An initialed copy is attached to this Office Action.
Reference items 1 and 2 listed under “US Patent Application Publications” are mislabeled. The inventors listed with each item should be reversed.
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 21 and 24-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-15 of U.S. Patent No. 10,982,931. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application: 18/767,946
Reference: USP No. 10,982,931
21. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a lens device comprising at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic; and a support configured to secure the lens device to one of the weapon or the primary optic within the line of sight of the primary optic.
24. The optical adjustment device of claim 21, wherein the support is configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
25. The optical adjustment device of claim 21, wherein the support is configured to secure the lens device to one of the weapon or the primary optic via a quick-release connection, a magnet, or a hinge configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
28. The optical adjustment device of claim 21, wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range.
29. The optical adjustment device of claim 28, wherein the aiming point cannot be aligned with the image of the target viewed through the primary optic at the second range without the lens device in the line of sight of the primary optic.
30. The optical adjustment device of claim 28, wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic; and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device.
31. The optical adjustment device of claim 30, wherein the aiming point cannot be aligned with the point of impact viewed through the primary optic at the second range without the lens device in the line of sight of the primary optic.
38. A method for shifting a line of sight of a primary optic on a weapon, comprising: securing the optical adjustment device of claim 21 to one of the weapon or the primary optic with the at least one lens positioned within the line of sight of the primary optic.
39. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a connection component configured to be secured to one of the weapon or the primary optic; and at least one lens secured directly to the connection component, the at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic.
40. The optical adjustment device of claim 39, wherein the connection component is configured to selectively position the at least one lens within the line of sight of the primary optic and out of the line of sight of the primary optic.
1. An optical adjustment device comprising: a lens device; and a support configured to selectively position the lens device within a line of sight of a primary optic of a weapon, wherein: the weapon is configured to fire a projectile; the primary optic is configured to indicate a point of impact upon a target viewed through the primary optic; the lens device is configured to bend a line of sight of the primary optic when positioned within the line of sight of the primary optic, and the lens device comprises a single or exactly one prism, the support is configured to secure the lens device to one of the primary optic or the weapon via a hinge configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic, wherein a first zero corresponds to a first range at which the projectile fired from the weapon hits the target with an aiming point aligned with the image of the target viewed through the primary optic, and a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device, wherein: the first zero is different from the second zero; the first range is different from the second range; and the aiming point of the weapon cannot be aligned with the image of the target viewed through the primary optic without the lens device in in the line of sight of the primary optic.
Regarding claims 21, 24-31 and 38-40, there is no difference between claims 21, 24-31 and 38-40 of the instant application and claim 1 of the reference patent. For example, the securing mechanism of claim 25, recited in the alternative, encompasses the “hinge” requirement of claim 1 to selectively position the lens device. Claims 26 and 27 recite that the at least one lens is at least one prism or a single or exactly one prism, respectively, meeting the requirement of the lens device comprising a single or exactly one prism of claim 1. The “connection component” and the “at least one lens” recited in claims 39 and 40, are configured in the same manner as the “support” and “lens device”, respectively, of claim 1. According to the recitation of claims 21, 24-31 and 38-40, there is no subject matter that is patentably distinct from claim 1 of the reference patent.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
2. The optical adjustment device of claim 1, wherein the lens device is a light bending body.
3. The optical adjustment device of claim 1, wherein the lens device does not comprise a pair of prisms.
4. The optical adjustment device of claim 1, wherein the lens device is a prism, and the prism is the only prism of the lens device.
Regarding claims 26 and 27, there is no difference between claims 26 and 27 of the instant application and claims 2-4 of the reference patent. For example, claim 2 requires the lens device to be “a light bending body”, it is well known in the art that a prism is a light bending body. The language of claim 3 encompasses the subject matter of claims 26 and 27.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
32. The optical adjustment device of claim 21, further comprising the weapon and the primary optic.
33. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is shifted downward.
34. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, the prism is thicker at a top of the prism than at a bottom of the prism such that the line of sight of the primary optic is shifted upward.
35. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, an angle of a wedge of the lens device shifts the line of sight of the primary optic downward.
36. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device shifts the line of sight of the primary optic upward.
5. The optical adjustment device of claim 1, further comprising: the weapon; and the primary optic.
6. The optical adjustment device of claim 1, wherein: the lens device comprises a prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is bent downward.
7. The optical adjustment device of claim 1, wherein: the lens device comprises a prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a top of the prism than at a bottom of the prism such that the line of sight of the primary optic is bent upward.
8. The optical adjustment device of claim 1, wherein: the lens device comprises a prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is bent downward; and in a flipped orientation, when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at the top of the prism than at the bottom of the prism such that the line of sight of the primary optic is bent upward.
9. The optical adjustment device of claim 1, wherein: when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic downward.
10. The optical adjustment device of claim 1, wherein: when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic upward.
11. The optical adjustment device of claim 1, wherein: when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic downward; and when the lens device is positioned within the line of sight of the primary optic of the weapon in a flipped orientation and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic upward.
Regarding claims 26, 27 and 32-36, there is no subject matter that is patentably distinct between claims 26, 27 and 32-36 and claims 5-11 of the reference application.
28. The optical adjustment device of claim 21, wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range.
30. The optical adjustment device of claim 28, wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic; and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device.
37. The optical adjustment device of claim 21, wherein: the lens device is external to the primary optic; and the device further comprises the primary optic.
13. The optical adjustment device of claim 1, wherein a first zero corresponds to a first range at which the projectile fired from the weapon hits the target with an aiming point of the primary optic aligned with the point of impact viewed through the primary optic, and a second zero corresponds to a second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device, wherein the first zero is different from the second zero, and the first range is different from the second range.
14. The optical adjustment device of claim 1, wherein: the lens device is external to the primary optic; and the device further comprises the primary optic.
Regarding claims 28, 30 and 37, there is no subject matter that is patentably distinct between claims 28, 30 and 37 and claims 13-14 of the reference application.
21. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a lens device comprising at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic; and a support configured to secure the lens device to one of the weapon or the primary optic within the line of sight of the primary optic.
24. The optical adjustment device of claim 21, wherein the support is configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
25. The optical adjustment device of claim 21, wherein the support is configured to secure the lens device to one of the weapon or the primary optic via a quick-release connection, a magnet, or a hinge configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
28. The optical adjustment device of claim 21, wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range.
30. The optical adjustment device of claim 28, wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic; and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device.
33. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is shifted downward.
38. A method for shifting a line of sight of a primary optic on a weapon, comprising: securing the optical adjustment device of claim 21 to one of the weapon or the primary optic with the at least one lens positioned within the line of sight of the primary optic.
39. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a connection component configured to be secured to one of the weapon or the primary optic; and at least one lens secured directly to the connection component, the at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic.
40. The optical adjustment device of claim 39, wherein the connection component is configured to selectively position the at least one lens within the line of sight of the primary optic and out of the line of sight of the primary optic.
15. An optical adjustment device comprising: a lens device; and a support configured to selectively position the lens device within a line of sight of a primary optic of a weapon by hingedly securing the lens device to one of the weapon or the primary optic, wherein: the weapon is configured to fire a projectile; the primary optic is configured to indicate a point of impact upon a target viewed through the primary optic; the lens device is configured to bend a line of sight of the primary optic when positioned within the line of sight of the primary optic; the lens device comprises a single or exactly one prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is bent downward; and a first zero corresponds to a first range at which the projectile fired from the weapon hits the target with an aiming point aligned with the image of the target viewed through the primary optic, and a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device, wherein: the first zero is different from the second zero, and the first range is different from the second range.
Regarding claims 21, 24-28, 30, 33 and 38-40, there is no difference between claims 21, 24-28, 30, 33 and 38-40 of the instant application and claim 15 of the reference patent. For example, the securing mechanism of claim 25, recited in the alternative, encompasses the “hingedly” requirement of claim 15 to selectively position the lens device. Claims 26 and 27 recite that the at least one lens is at least one prism or a single or exactly one prism, respectively, meeting the requirement of the lens device comprising a single or exactly one prism of claim 15. The “connection component” and the “at least one lens” recited in claims 39 and 40, are configured in the same manner as the “support” and “lens device”, respectively, of claim 15. According to the recitation of claims 21, 24-28, 30, 33 and 38-40, there is no subject matter that is patentably distinct from claim 15 of the reference patent.
Claims 21 and 24-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-15 of U.S. Patent No. 12,061,067. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application: 18/767,946
Reference: USP No. 12,061,067
21. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a lens device comprising at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic; and a support configured to secure the lens device to one of the weapon or the primary optic within the line of sight of the primary optic.
24. The optical adjustment device of claim 21, wherein the support is configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
25. The optical adjustment device of claim 21, wherein the support is configured to secure the lens device to one of the weapon or the primary optic via a quick-release connection, a magnet, or a hinge configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
28. The optical adjustment device of claim 21, wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range.
29. The optical adjustment device of claim 28, wherein the aiming point cannot be aligned with the image of the target viewed through the primary optic at the second range without the lens device in the line of sight of the primary optic.
30. The optical adjustment device of claim 28, wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic; and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device.
31. The optical adjustment device of claim 30, wherein the aiming point cannot be aligned with the point of impact viewed through the primary optic at the second range without the lens device in the line of sight of the primary optic.
38. A method for shifting a line of sight of a primary optic on a weapon, comprising: securing the optical adjustment device of claim 21 to one of the weapon or the primary optic with the at least one lens positioned within the line of sight of the primary optic.
39. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a connection component configured to be secured to one of the weapon or the primary optic; and at least one lens secured directly to the connection component, the at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic.
40. The optical adjustment device of claim 39, wherein the connection component is configured to selectively position the at least one lens within the line of sight of the primary optic and out of the line of sight of the primary optic.
1. An optical adjustment device comprising: a lens device; and a support configured to selectively position the lens device within a line of sight of a primary optic of a weapon; wherein: the weapon is configured to fire a projectile; the primary optic is configured to indicate a point of impact upon a target viewed through the primary optic; the lens device is configured to bend a line of sight of the primary optic when positioned within the line of sight of the primary optic, and the lens device comprises a single or exactly one prism; the support is configured to secure the lens device to the weapon via a quick-release connection or magnetic base configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic; and a first zero corresponds to a first range at which the projectile fired from the weapon hits the target with an aiming point aligned with the image of the target viewed through the primary optic, and a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device, wherein: the first zero is different from the second zero, the first range is different from the second range, and the aiming point of the weapon cannot be aligned with the image of the target viewed through the primary optic without the lens device in in the line of sight of the primary optic.
Regarding claims 21, 24-31 and 38-40, there is no difference between claims 21, 24-31 and 38-40 of the instant application and claim 1 of the reference patent. For example, the securing mechanism of claim 25, recited in the alternative, encompasses the “quick-release connection or magnetic base” requirement of claim 1 to selectively position the lens device. Claims 26 and 27 recite that the at least one lens is at least one prism or a single or exactly one prism, respectively, meeting the requirement of the lens device comprising a single or exactly one prism of claim 1. The “connection component” and the “at least one lens” recited in claims 39 and 40, are configured in the same manner as the “support” and “lens device”, respectively, of claim 1. According to the recitation of claims 21, 24-31 and 38-40, there is no subject matter that is patentably distinct from claim 1 of the reference patent.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
2. The optical adjustment device of claim 1, wherein the lens device is a light bending body.
3. The optical adjustment device of claim 1, wherein the lens device does not comprise a pair of prisms.
4. The optical adjustment device of claim 1, wherein the lens device is a prism, and the prism is the only prism of the lens device.
Regarding claims 26 and 27, there is no difference between claims 26 and 27 of the instant application and claims 2-4 of the reference patent. For example, claim 2 requires the lens device to be “a light bending body”, it is well known in the art that a prism is a light bending body. The language of claim 3 encompasses the subject matter of claims 26 and 27.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
32. The optical adjustment device of claim 21, further comprising the weapon and the primary optic.
33. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is shifted downward.
34. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, the prism is thicker at a top of the prism than at a bottom of the prism such that the line of sight of the primary optic is shifted upward.
35. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, an angle of a wedge of the lens device shifts the line of sight of the primary optic downward.
36. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device shifts the line of sight of the primary optic upward.
5. The optical adjustment device of claim 1, further comprising: the weapon; and the primary optic.
6. The optical adjustment device of claim 1, wherein: the lens device comprises a prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is bent downward.
7. The optical adjustment device of claim 1, wherein: the lens device comprises a prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a top of the prism than at a bottom of the prism such that the line of sight of the primary optic is bent upward.
8. The optical adjustment device of claim 1, wherein: the lens device comprises a prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is bent downward; and in a flipped orientation, when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at the top of the prism than at the bottom of the prism such that the line of sight of the primary optic is bent upward.
9. The optical adjustment device of claim 1, wherein: when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic downward.
10. The optical adjustment device of claim 1, wherein: when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic upward.
11. The optical adjustment device of claim 1, wherein: when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic downward; and when the lens device is positioned within the line of sight of the primary optic of the weapon in a flipped orientation and the weapon is upright and level, an angle of a wedge of the lens device bends a line of sight of the primary optic upward.
Regarding claims 26, 27 and 32-36, there is no subject matter that is patentably distinct between claims 26, 27 and 32-36 and claims 5-11 of the reference application.
28. The optical adjustment device of claim 21, wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range.
30. The optical adjustment device of claim 28, wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic; and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device.
37. The optical adjustment device of claim 21, wherein: the lens device is external to the primary optic; and the device further comprises the primary optic.
13. The optical adjustment device of claim 1, wherein: a first zero corresponds to a first range at which the projectile fired from the weapon hits the target with an aiming point of the primary optic aligned with the point of impact viewed through the primary optic, and a second zero corresponds to a second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device, wherein the first zero is different from the second zero, and the first range is different from the second range.
14. The optical adjustment device of claim 1, wherein: the lens device is external to the primary optic; and the device further comprises the primary optic.
Regarding claims 28, 30 and 37, there is no subject matter that is patentably distinct between claims 28, 30 and 37 and claims 13-14 of the reference application.
21. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a lens device comprising at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic; and a support configured to secure the lens device to one of the weapon or the primary optic within the line of sight of the primary optic.
24. The optical adjustment device of claim 21, wherein the support is configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
25. The optical adjustment device of claim 21, wherein the support is configured to secure the lens device to one of the weapon or the primary optic via a quick-release connection, a magnet, or a hinge configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic.
26. The optical adjustment device of claim 21, wherein the at least one lens is at least one prism.
27. The optical adjustment device of claim 21, wherein the at least one lens is a single or exactly one prism.
28. The optical adjustment device of claim 21, wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range.
30. The optical adjustment device of claim 28, wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic; and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic aligned with the point of impact viewed through the primary optic and the lens device.
33. The optical adjustment device of claim 21, wherein when the lens device is positioned within the line of sight of the primary optic and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is shifted downward.
38. A method for shifting a line of sight of a primary optic on a weapon, comprising: securing the optical adjustment device of claim 21 to one of the weapon or the primary optic with the at least one lens positioned within the line of sight of the primary optic.
39. An optical adjustment device for a weapon with a primary optic configured to indicate a point of impact upon a target viewed through the primary optic, the optical adjustment device comprising: a connection component configured to be secured to one of the weapon or the primary optic; and at least one lens secured directly to the connection component, the at least one lens configured to shift a line of sight of the primary optic when positioned within the line of sight of the primary optic.
40. The optical adjustment device of claim 39, wherein the connection component is configured to selectively position the at least one lens within the line of sight of the primary optic and out of the line of sight of the primary optic.
15. An optical adjustment device comprising: a lens device; and a support configured to selectively position the lens device within a line of sight of a primary optic of a weapon by securing the lens device to one of the weapon or the primary optic via a quick-release connection or magnetic base; wherein: the weapon is configured to fire a projectile; the primary optic is configured to indicate a point of impact upon a target viewed through the primary optic; the lens device is configured to bend a line of sight of the primary optic when positioned within the line of sight of the primary optic; the lens device comprises a single or exactly one prism; when the lens device is positioned within the line of sight of the primary optic of the weapon and the weapon is upright and level, the prism is thicker at a bottom of the prism than at a top of the prism such that the line of sight of the primary optic is bent downward; and a first zero corresponds to a first range at which the projectile fired from the weapon hits the target with an aiming point aligned with the image of the target viewed through the primary optic, and a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device, wherein: the first zero is different from the second zero, and the first range is different from the second range.
Regarding claims 21, 24-28, 30, 33 and 38-40, there is no difference between claims 21, 24-28, 30, 33 and 38-40 of the instant application and claim 15 of the reference patent. For example, the securing mechanism of claim 25, recited in the alternative, encompasses the “quick-release connection or magnetic base” of claim 15 to selectively position the lens device. Claims 26 and 27 recite that the at least one lens is at least one prism or a single or exactly one prism, respectively, meeting the requirement of the lens device comprising a single or exactly one prism of claim 15. The “connection component” and the “at least one lens” recited in claims 39 and 40, are configured in the same manner as the “support” and “lens device”, respectively, of claim 15. According to the recitation of claims 21, 24-28, 30, 33 and 38-40, there is no subject matter that is patentably distinct from claim 15 of the reference patent.
Claim Objections
Claims 30 and 31 are objected to under 37 CFR 1.75 as being a substantial duplicate of claims 28 and 29, respectively; when two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording.
Claims 33 and 34 are objected to because of the following informalities: lines 2-3 recite “the prism” with no prior mention. The claims reference “the lens device” then follow with “the prism” with no prior mention of “the prism” or recitation that “the lens device” is “the prism”. For the purpose of continuing examination, it is assumed that claims 33 and 34 depend upon claim 26. Appropriate correction is required.
Claim 37 is objected to because of the following informalities: line 3 recites “the device”. Since the claim recites both “the optical adjustment device” and “the lens device”, “the device” referenced in line 3 should be corrected to recite “the optical adjustment device further comprises”. 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 (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 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 21, 24-27, 32-37, 39 and 40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jahromi (USPG Pub No. 2016/0116254).
Regarding claim 21, Jahromi discloses an optical adjustment device (5, 15) for a weapon with a primary optic (1, 3) configured to indicate a point of impact upon a target viewed through the primary optic (see Fig. 6, Paragraph 42, Lines 3-5), the optical adjustment device comprising: a lens device (5) comprising at least one lens configured to shift a line of sight of the primary optic (1, 3) when positioned within the line of sight of the primary optic (Paragraph 45, Lines 1-6, Paragraph 46, Lines 1-6); and a support (15) configured to secure the lens device (5) to one of the weapon or the primary optic (1, 3) within the line of sight of the primary optic (1, 3) (see Fig. 6, Paragraph 42, Lines 3-13 – the limitation is in the alternative; Jahromi satisfies the requirement of securing to the primary optic).
Regarding claim 24, Jahromi discloses wherein the support (15) is configured to selectively position the lens device (5) within the line of sight of the primary optic (1, 3) and out of the line of sight of the primary optic (1, 30) (see Fig. 6, Paragraph 42, Lines 3-13).
Regarding claim 25, Jahromi discloses wherein the support (15) is configured to secure the lens device (5) to one of the weapon or the primary optic (1,3) via a quick-release connection, a magnet, or a hinge configured to selectively position the lens device within the line of sight of the primary optic and out of the line of sight of the primary optic (Paragraph 42, Lines 3-13 – “attachment means such as screws, threads, clamps, or magnets”).
Regarding claim 26, Jahromi discloses wherein the at least one lens (5) is at least one prism (Paragraph 42, Line 3).
Regarding claim 27, Jahromi discloses wherein the at least one lens (5) is a single or exactly one prism (Paragraph 42, Line 3).
Regarding claim 32, Jahromi discloses further comprising the weapon and the primary optic (see Figs. 7(a), 7(b)).
Regarding claim 33, Jahromi discloses wherein when the lens device (5) is positioned within the line of sight of the primary optic (1, 3) and the weapon is upright and level, the1 prism (5) is thicker at a bottom of the prism (5) than at a top of the prism (5) such that the line of sight of the primary optic (1, 3) is shifted downward (see Fig. 7(a), Paragraph 45, Lines 1-6).
Regarding claim 34, Jahromi discloses wherein when the lens device (5) is positioned within the line of sight of the primary optic (1, 3) and the weapon is upright and level, the2 prism (5) is thicker at a top of the prism (5) than at a bottom of the prism (5) such that the line of sight of the primary optic (1, 3) is shifted upward (see Fig. 7(b), Paragraph 46, Lines 1-6).
Regarding claim 35, Jahromi discloses wherein when the lens device (5) is positioned within the line of sight of the primary optic (1, 3) and the weapon is upright and level, an angle of a wedge (5) of the lens device shifts the line of sight of the primary optic downward (see Fig. 7(a), Paragraph 45, Lines 1-6).
Regarding claim 36, Jahromi discloses wherein when the lens device (5) is positioned within the line of sight of the primary optic (1,3) of the weapon and the weapon is upright and level, an angle of a wedge (5) of the lens device shifts the line of sight of the primary optic (1, 3) upward (see Fig. 7(b), Paragraph 46, Lines 1-6).
Regarding claim 37, Jahromi discloses wherein: the lens device (5) is external to the primary optic (1, 3) (see Fig. 6); and the3 device further comprises the primary optic (1, 3) (see Fig. 6).
Regarding claim 39, Jahromi discloses an optical adjustment device (5, 15) for a weapon with a primary optic (1, 3) configured to indicate a point of impact upon a target viewed through the primary optic (see Fig. 6, Paragraph 42, Lines 3-5), the optical adjustment device comprising: a connection component (15) configured to be secured to one of the weapon or the primary optic (1,3) (see Fig. 6, Paragraph 42, Lines 4-13 – the limitation is in the alternative; Jahromi satisfies the requirement of securing to the primary optic); and at least one lens (5) secured directly to the connection component (15) (see Fig. 6, Paragraph 42, Lines 2-4), the at least one lens (5) configured to shift a line of sight of the primary optic (1, 3) when positioned within the line of sight of the primary optic (Paragraph 45, Lines 1-6, Paragraph 46, Lines 1-6).
Regarding claim 40, Jahromi discloses wherein the connection component (15) is configured to selectively position the at least one lens (5) within the line of sight of the primary optic (1, 3) and out of the line of sight of the primary optic (1, 30) (see Fig. 6, Paragraph 42, Lines 3-13).
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 (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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22, 23 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Jahromi (USPG Pub No. 2016/0116254) in view of Karcher et al. (USP No. 7,640,691), hereinafter “Karcher”.
Regarding claim 22, Jahromi discloses the claimed invention, but does not specify wherein the lens device is secured to the support by at least one releasable fastener. In the same field of endeavor, Karcher discloses wherein the lens device (100) is secured to the support (134) by at least one releasable fastener (160) (see Fig. 11, Col. 9, Lines 58-64). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical adjustment device of Jahromi with wherein the lens device is secured to the support by at least one releasable fastener of Karcher for the purpose of providing an improved sighting system enabling alignment and aim (Col. 1, Lines 39-42).
Regarding claim 23, Jahromi discloses the claimed invention, but does not specify wherein the lens device is secured to the support by at least one of a magnet, a pin, a clip, a tie, a hook and loop fastener, a screw, or a bolt. In the same field of endeavor, Karcher discloses wherein the lens device (100) is secured to the support (134) by at least one of a magnet, a pin, a clip, a tie, a hook and loop fastener, a screw (160), or a bolt (see Fig. 11, Col. 9, Lines 58-64 – “set screw 160”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical adjustment device of Jahromi with wherein the lens device is secured to the support by at least one of a magnet, a pin, a clip, a tie, a hook and loop fastener, a screw, or a bolt of Karcher for the purpose of providing an improved sighting system enabling alignment and aim (Col. 1, Lines 39-42).
Regarding claim 38, Jahromi discloses a method for shifting a line of sight of a primary optic (1, 3) on a weapon (Paragraph 45, Lines 1-6, Paragraph 46, Lines 1-6). Jahromi discloses the claimed invention, but does not specify comprising: securing the optical adjustment device of claim 21 to one of the weapon or the primary optic with the at least one lens positioned within the line of sight of the primary optic. In the same field of endeavor, Karcher discloses comprising: securing (via 138) the optical adjustment device (100, 134) of claim 21 to one of the weapon or the primary optic with the at least one lens (100) positioned within the line of sight of the primary optic (164) (see Figs. 11, 15). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Jahromi with comprising: securing the optical adjustment device of claim 21 to one of the weapon or the primary optic with the at least one lens positioned within the line of sight of the primary optic of Karcher for the purpose of providing an improved sighting system enabling alignment and aim (Col. 1, Lines 39-42).
Claims 28-31 are rejected under 35 U.S.C. 103 as being unpatentable over Jahromi (USPG Pub No. 2016/0116254) in view of Carlson et al. (USPG Pub No. 2011/0296731), hereinafter “Carlson”.
Regarding claim 28, Jahromi discloses the claimed invention, but does not specify wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range. In the same field of endeavor, Carlson discloses wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic (12) (see Fig. 1, Paragraph 29 – “the sighting device 12 may be a scope or laser sight and may be used for targeting purposes”); a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic (12) and the lens device (14) (see Fig. 1, Paragraph 29 – “accessory 14 is a magnifying device for use with a sighting device 12”); the first zero is different from the second zero (Paragraph 29); and the first range is different from the second range (Paragraph 29). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Jahromi with wherein: a first zero corresponds to a first range at which a projectile fired from the weapon hits the target with an aiming point aligned with an image of the target viewed through the primary optic; a second zero corresponds to a second range at which the projectile hits the target with the aiming point aligned with the image of the target viewed through the primary optic and the lens device; the first zero is different from the second zero; and the first range is different from the second range of Carlson for the purpose of providing a mechanism for quick positioning of a combination of one or more accessories (Paragraph 3).
Regarding claim 29, Jahromi and Carlson teach the optical adjustment device set forth above for claim 28, Carlson further discloses wherein the aiming point cannot be aligned with the image of the target viewed through the primary optic (12) at the second range without the lens device (14) in the line of sight of the primary optic (12) (see Fig. 1, Paragraph 29). It would have been obvious to one of ordinary skill to provide the optical adjustment device of Jahromi with the teachings of Carlson for at least the same reasons as those set forth above with respect to claim 28.
Regarding claim 30, Jahromi and Carlson teach the optical adjustment device set forth above for claim 28, Carlson further discloses wherein: the first zero corresponds to the first range at which the projectile hits the target with the aiming point of the primary optic (12) aligned with the point of impact viewed through the primary optic (12) (see Fig. 1, Paragraph 29 – “the sighting device 12 may be a scope or laser sight and may be used for targeting purposes”); and the second zero corresponds to the second range at which the projectile hits the target with the aiming point of the primary optic (12) aligned with the point of impact viewed through the primary optic (12) and the lens device (14) (see Fig. 1, Paragraph 29 – “accessory 14 is a magnifying device for use with a sighting device 12”). It would have been obvious to one of ordinary skill to provide the optical adjustment device of Jahromi with the teachings of Carlson for at least the same reasons as those set forth above with respect to claim 28.
Regarding claim 31, Jahromi and Carlson teach the optical adjustment device set forth above for claim 30, Carlson further discloses wherein the aiming point cannot be aligned with the point of impact viewed through the primary optic (12) at the second range without the lens device (14) in the line of sight of the primary optic (12) (see Fig. 1, Paragraph 29). It would have been obvious to one of ordinary skill to provide the optical adjustment device of Jahromi with the teachings of Carlson for at least the same reasons as those set forth above with respect to claim 28.
Prior Art Citations
Cheng et al. (USP No. 9,163,902 – Fig. 4) is being cited herein to show an optical adjustment device relevant to the claimed invention.
Conclusion
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 8/8/2026
1 See objection above
2 See objection above
3 See objection above
Prosecution Insights