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 .
Response to Arguments
Applicant’s response dated 3/30/2026 is acknowledged and appreciated. Applicant argues that the since the Patel reference teaches that the control devices are two separate components rather than a single controller that achieves signal transmission to control the device when it is mounted to or detached from the device, the combination of references do not teach the claimed subject matter. Examiner agrees that the Patel reference describes controlling the device with two separate panels. However, the rejection was meant to convey that one of ordinary skill in the art would be motivated to provide a separate functionality (i.e. making the Ruckdeschel remote control functional while detached) rather than implementing an additional controller. Additionally, Applicant argues that the implementing a recess in/on the modified Ruckdeschel device to facilitate engagement of a “detachable” remote would require fundamentally altering the structure of the Ruckdeschel device. Examiner asserts that Teetzel illustrates an example of a component of a firearm positioned in a recess and therefore the rejection combining the Teetzel teaching with the modified Ruckdeschel control pad would not have been unreasonable, as it illustrates incorporation of a recess in/on a firearm for positioning a component whether it be detachable or in a fixed state.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 4, 5, 17, 19-21, 28, 29 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ruckdeschel et al. (German Patent Document DE 102019132858) in view of Patel et al. (U.S. Patent Application Publication 2022/0221944) and in further view of Teetzel et al. (U.S. Patent Application Publication 2016/0327371).
In regards to claim 1, Ruckdeschel et al (henceforth referred to as Ruckdeschel) disclose a front infrared thermal imager (item 100 of figure 3), comprising a user operation module and a front infrared module. Ruckdeschel teaches a control pad (item 112) that constitutes an operation module and also a “front” thermal imaging portion and although not explicitly detailed as an infrared, Examiner takes Official Notice that thermal imaging optical cameras are infrared,
wherein the front infrared module is configured to be connected to a front end of a daylight scope. As shown in figure 3, the thermal imaging device is connected to a rifle scope. Ruckdeschel does not teach that the user operation module is detachably mounted to the front infrared module. However, Patel et al (henceforth referred to as Patel) teaches a scope mounted thermal imaging camera that includes a detachable user operation module (904) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a detachable keypad controller in/on the Ruckdeschel device as taught by Patel, to allow for more flexibility in use;
Ruckdeschel fails to disclose a mounting recess, which is adapted to the user operation module, is provided on an outer surface of the front infrared module, and the user operation module is mounted in the mounting recess. However, Teetzel et al (henceforth referred to as Teetzel) teaches a keypad device that is detachably connected to a weapon via recess indicated as item 300 and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a recess with both electrical and securing attachment holes in/on the Ruckdeschel device as taught by Teetzel, to make the system less cumbersome;
wherein
Ruckdeschel as modified by Patel teaches that the user operation module is communicatively connected to the front infrared module in both cases that the user operation module is mounted to and detached from the front infrared module, to transmit a user operation instruction which is received to the front infrared module. Note that the operation module, is taught to be capable of wireless communication with the camera (see abstract of Patel).
In regards to claim 2, Ruckdeschel as modified discloses that the user operation module comprises an instruction receiving part configured to receive and transmit the user operation instruction, and a first electrical connector configured to be communicatively connected to the instruction receiving part. The device as modified includes input keypad that receives instruction from a user and transmits those instructions through electrical connection to the camera (note keypad in/on the Ruckdeschel device or the remote keypad of Patel as modified); and
the front infrared module comprises a control part configured to receive the user operation instruction transmitted by the instruction receiving part, and a second electrical connector configured to be communicatively connected to the control part. The device of Ruckdeschel, as modified with a remote controller as taught by Patel, includes an electrical connecting device in/on the camera as well as an electrical connecting device in/on the connection between the remote controller and the camera that provides user instruction between the remote and the camera;
and wherein when the user operation module is mounted to the front infrared module, the first electrical connector is in contact and conduction with the second electrical connector, to make the instruction receiving part be communicatively connected to the control part through physical contact; and when the user operation module is detached from the front infrared module, the first electrical connector is disconnected from the second electrical connector, and the instruction receiving part is communicatively connected to the control part wirelessly; or,
the second electrical connector is connected to the first electrical connector through a foldable wire, and the instruction receiving part and the control part are communicatively connected through the foldable wire in both cases that the user operation module is mounted to and detached from the front infrared module. The modified remote control configuration as taught by Patel includes either a “foldable wire” connection and/or a wireless connection where the electrical connection parts are not connected (cable, item 2628 or wireless communication, as described in abstract of patent application publication).
In regards to claim 4, Ruckdeschel as modified by Patel discloses that the user operation module is provided with a first connecting member, and the front infrared module is provided with a second connecting member. The thermal imaging camera and the remote device include electrically communicating components (i.e. electrical contact at connection of cable and the end of cable);
the first connecting member and the second connecting member are detachably connected, to make the user operation module be detachably mounted to the front infrared module. The cable of the Patel configuration as modified, is detachable.
In regards to claim 5, Ruckdeschel discloses that the front infrared module further comprises an outer housing (item 110), but fails to teach that the outer housing is provided with a mounting recess for mounting the user operation module. However, Teetzel teaches a keypad device that is detachably connected to a weapon via recess indicated as item 300 and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a recess with both electrical and securing attachment holes in/on the Ruckdeschel device as taught by Teetzel, to make the system less cumbersome; and
Ruckdeschel as modified teaches that the mounting recess is provided with multiple recesses with at least one for an electrical connector and another to affix the remote, but fails to explicitly describe a third fixing hole and a fourth fixing hole. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide multiple recesses including a third and fourth, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
In regards to claim 29, Ruckdeschel as modified by Patel discloses that the first fixing connector is one of a magnetic adhesion member, a snap-fit member, and a plug-in member. The connection between the components as modified is a plug-in type.
In regards to claim 17, Ruckdeschel teaches a front infrared module and a remote control module, but not that the remote control module is detachably mounted on the front infrared module. However, Teetzel teaches a firearm with a remote that is detachably mounted in/on the firearm via a recess (item 328) in a second fixing hole (recess) indicated as item 300) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to detachably mount the remote of Ruckdeschel and on the module as taught by Teetzel, to allow for versatility;
Ruckdeschel as modified by Teetzel discloses that the front infrared module comprises an outer housing, which is provided with a mounting recess for mounting the remote control module. As modified, the remote is mounted of the remote in/on the Ruckdeschel device includes a recess and detachable mounting;
Ruckdeschel discloses a control module, but fails to teach that it is a detachable remote control module. However, Patel teaches a scope mounted thermal imaging camera that includes a detachable user operation module (904) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a detachable keypad controller in/on the Ruckdeschel device as taught by Patel, to allow for more flexibility in use, As modified, the remote device includes a mounting housing through which the remoter control module is detachably mounted to the front infrared module. The remote control includes a housing that connects to the thermal camera device via a cable, and a charging unit and/or a user operation unit arranged in the mounting housing. Ruckdeschel teaches a user interface in the housing (keypad); and wherein the remote control module is mounted to the front infrared module through the mounting housing, to charge the front infrared module; and the user operation unit is communicatively connected to the front infrared module in both cases that the remote control module is mounted to and detached from the front infrared module, to transmit a user operation instruction which is received to the front infrared module. Ruckdeschel as modified by Patel teaches wireless communication between the remote device and the thermal camera and/or physical electrical connection between the components (abstract of Patel).
In regards to claim 18, Ruckdeschel as modified by Teetzel discloses that the front infrared module comprises an outer housing, which is provided with a mounting recess for mounting the remote control module. As modified, the remote is mounted of the remote in/on the Ruckdeschel device includes a recess and detachable mounting.
In regards to claim 19, Ruckdeschel discloses a dual optical scope, comprising a daylight scope, and the front infrared thermal imager according to claim 17; wherein the front infrared module is arranged at a front end of the daylight scope. Ruckdeschel teaches a daylight scope and an thermal imager positioned in front of the scope.
In regards to claim 20, Ruckdeschel discloses that the front end of the daylight scope is provided with an adapter ring, and the front infrared module is mounted at the adapter ring. The system of Ruckdeschel includes an adapter component allowing the thermal imager to be attached to the scope (see figures 2 and 3).
In regards to claim 21, Ruckdeschel as modified by Patel discloses a first electrical connector, wherein the first electrical connector is arranged on the mounting housing and is electrically connected with the charging unit and/or the user operation unit. With the Patel remote device, an electrical connector in the form of a cable is arranged on the remote housing and is electrically connected to the user operation unit; and
the first electrical connector is configured to connect with a second electrical connector on the front infrared module, to make the charging unit be electrically connected with the front infrared module, and/or the user operation unit be communicatively connected to the front infrared module. The Patel configuration includes an electrical connector in/on the thermal camera that connects with the cable allowing communication between the remote and the camera.
In regards to claim 28, Ruckdeschel as modified by Patel discloses that the mounting housing is provided with a first fixing connector, and the first fixing connector is configured to be detachably connected with a second fixing connector provided on the front infrared module, to make the mounting housing be detachably mounted on the front infrared module. The system as modified includes a connection between the remote and the housing utilizing a cable and allowing the controller to be detachable.
In regards to claim 29, Ruckdeschel as modified by Patel discloses that the first fixing connector is one of a magnetic adhesion member, a snap-fit member, and a plug-in member. The connection between the components as modified is a plug-in type.
In regards to claim 30, Ruckdeschel as modified by Patel fails to disclose that the mounting housing is provided with a first fixing hole and a second fixing hole, the first electrical connector is arranged in the first fixing hole, and the first fixing connector is arranged in the second fixing hole. However, Teetzel teaches a keypad device that is detachably connected to a weapon via at least a first electrical connection in a first fixing hole and a second attaching means (item 328) in a second fixing hole (recess) indicated as item 300) and it would have been obvious to one of ordinary skill in the art at the time of Applicant’s invention to provide a recess with both electrical and securing attachment holes in/on the Ruckdeschel device as taught by Teetzel, to make the system less cumbersome.
Allowable Subject Matter
Claims 22-27 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.
Summary/Conclusion
Claims 1, 2, 4, 5, 17, 19-21, 28, 29 and 30 are rejected and claims 22-27 are objected to.
The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 8, the closest prior art fails to teach or make obvious, including all the limitations of claim 8, the base claim and any intervening claims, that in a case that the mounting housing is mounted on the front infrared module, the first electrical connector is in contact and conduction with the second electrical connector, to make the rechargeable battery and the control panel realize charging the front infrared module through physical contact. Note that the understanding of this limitation is that the remote control is capable of mounting on the housing as well as being detached while functioning in either case.
THIS ACTION IS MADE FINAL. 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 extension fee 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 BENJAMIN P LEE whose telephone number is (571)272-8968. The examiner can normally be reached between the hours of 8:30am and 5:00pm on Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached on 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BENJAMIN P LEE/Primary Examiner, Art Unit 3641
Prosecution Insights