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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/30/2026 was filed after the mailing date of the Non-Final Rejection on 10/1/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendment to the claims filed 1/30/2025 has been entered:
Claim 15 is cancelled.
Claims 21-30 are new.
Claims 1-14 and 16-30 are active.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim(s) 11, 13, and 20 is/are objected to because of the following informalities:
Regarding claim 11, “position” should be inserted after “the at least one” in line 3.
Regarding claims 13 and 20, “assembley” in line 17 should say “assembly”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 12 and 27 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation “the third position” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 27, the limitation “wherein the sighting device of a biasing element that drives movement of the catch” in lines 5-6 is unclear as claimed. Clarification is required, and examination was performed only as the scope of the claim was best understood by the examiner.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9, 11-12, 14, and 16-20 is/are rejected under 35 U.S.C. 102(b) as being anticipated by Windauer (WO 2010/008810), herein ‘Windauer’. The examiner notes that the citations below are from corresponding Patent No. US 8270104.
Regarding claim 1, Windauer discloses an apparatus (Fig. 1), comprising:
a turret assembly (100) for a sighting device of a weapon or other projectile launcher (col. 1 lines 18-26), the turret assembly including:
a locking adjustment assembly (104-105) defining a graspable section (104-105; Fig. 1A), the graspable section manually rotatable about a rotational axis (126; col. 4 lines 20-30), to adjust a setting of the sighting device (col. 1 lines 27-36);
a catch (108-109) defining a stopping position of the graspable section whereat the catch prevents rotation of the graspable section in a clockwise or counterclockwise direction (col. 4 lines 20-22);
a lock release (106) including an actuator (Figs. 1A-1B), wherein an exterior of the turret assembly includes an opening to expose at least one surface of the actuator (Figs. 1A-1B; col. 4 lines 25-30); and
the lock release structured to disengage the catch in response to a manually-applied linear force applied to said at least one surface in a direction along an axis that is different than the rotational axis, said disengagement allowing the graspable section to be rotated in the clockwise or counterclockwise direction from the stopping position (col. 4 lines 25-30).
Regarding claim 2, Windauer discloses a scope (col. 1 lines 18-53) comprising:
a main tube (col. 1 lines 18-53);
the apparatus of claim 1 (as described above);
wherein the exterior of the turret assembly further includes:
a first section (101) that is non-rotatable relative to the main tube (col. 3 lines 31-32); and
a second section (104-105) that is rotatable relative to the first section and includes the graspable section of the locking adjustment assembly (Figs. 1A-1B; col. 4 lines 20-22);
wherein the opening is defined by the second section of the exterior (Figs. 1A-1B; col. 4 lines 25-30).
Regarding claim 3, Windauer discloses wherein the exterior of the turret assembly includes a first upper section (101) rotatable relative to a second lower section (104-105) of the exterior, wherein the opening is defined by the first upper section of the exterior (Figs. 1A-1B; col. 4 lines 25-30).
Regarding claim 4, Windauer discloses wherein the actuator is positionable in a plurality of positions (Figs. 1A-1B; col. 4 lines 20-30), wherein, in at least one position of the plurality of positions, the actuator protrudes a predefined amount relative to a part of the exterior defining a perimeter of the opening (Fig. 1B; col. 4 lines 25-30; the at least one position being the unpressed position of button 106); and
wherein said actuator protruding by the predefined amount denoting, to an operator of the turret assembly, whether or not the locking adjustment assembly is in a predefined mode of operation (Fig. 1B; col. 4 lines 25-30).
Regarding claim 5, Windauer discloses wherein the predefined mode of operation corresponds to a locked state, in which the catch is not disengaged (Fig. 1B; col. 4 lines 25-30).
Regarding claim 6, Windauer discloses wherein the plurality of positions includes another position in which the actuator is not protruding by the predefined amount (col. 4 lines 25-30; the other position being the depressed position of button 106), the other position denoting, to the operator, that the catch is disengaged (col. 4 lines 25-30).
Regarding claim 7, Windauer discloses wherein in another position (col. 4 lines 25-30; the other position being the depressed position of button 106) of the plurality of positions the actuator is not protruding from the part of the exterior defining the perimeter of the opening (col. 4 lines 25-30).
Regarding claim 8, Windauer discloses wherein in the other position of the plurality of positions the actuator is flush with the part of the exterior defining the perimeter of the opening (Fig. 1B; col. 4 lines 25-30).
Regarding claim 9, Windauer discloses wherein the plurality of positions includes at least three different positions (Fig. 1B; col. 4 lines 25-30; the undepressed position of Fig. 1B, the depressed position as described, and any position between the depressed and the undepressed position previously described).
Regarding claim 11, Windauer discloses wherein the at least three different positions of the plurality of positions comprises:
the at least one position in which the actuator is protruding by the predefined amount relative to the part of the exterior defining the perimeter of the opening (Fig. 1B; col. 4 lines 25-30; the undepressed position of button 106);
a first additional position in which the actuator is inset by a predefined amount relative to the part of the exterior defining the perimeter of the opening (Fig. 1B; col. 4 lines 25-30; the depressed position of button 106); and
a second additional position between the at least one position and the first additional position (Fig. 1B; col. 4 lines 25-30; any position between the depressed and the undepressed positions previously described).
Regarding claim 12, Windauer discloses wherein in the second additional position the actuator is flush with the part of the exterior defining the perimeter of the opening (Fig. 1B).
Regarding claim 14, Windauer discloses wherein the manually-applied linear force is in a direction along an axis that is parallel with the rotational axis (Fig. 1B; col. 4 lines 25-30).
Regarding claim 16, Windauer discloses wherein the catch is configured to automatically lock the graspable section in the stopping position, and prevent further rotation of the graspable section until the catch is re-released (col. 4 lines 20-30).
Regarding claim 17, Windauer discloses wherein when the catch is disengaged, the locking adjustment assembly is rotatable without simultaneously applying the manually applied force to the actuator (col. 4 lines 20-30).
Regarding claims 18-19, Windauer discloses wherein the actuator comprises a single button (Figs. 1A-1B), or travels in a single direction, in response to the manually-applied force (col. 4 lines 25-30).
Regarding claim 20, Windauer discloses an apparatus (Fig. 1), comprising:
a turret assembly (100) for a sighting device of a weapon or other projectile launcher (col. 1 lines 18-26), the turret assembly including:
a locking adjustment assembly (104-105) defining a graspable section (104-105; Fig. 1A), the graspable section manually rotatable about a rotational axis (126; col. 4 lines 20-30), to adjust a setting of the sighting device (col. 1 lines 27-36);
a catch (108-109) defining a stopping position of the graspable section whereat the catch prevents rotation of the graspable section in a clockwise or counterclockwise direction (col. 4 lines 20-22);
a lock-release mechanism (106) arranged to disengage the catch in response to a manually-applied linear force, said disengagement allowing the graspable section to be rotated in the clockwise or counterclockwise direction from the stopping position (col. 4 lines 25-30); and
the lock-release mechanism including an actuator (Figs. 1A-1B), wherein the manually-applied linear force on the lock-release mechanism is applied to the actuator (Figs. 1A-1B; col. 4 lines 25-30);
wherein an exterior of the turret assembly includes an opening to expose the actuator (Figs. 1A-1B; col. 4 lines 25-30);
wherein the actuator comprises a single button (Figs. 1A-1B), and wherein the single button is carried by the graspable section for rotation therewith (Fig. 1B; col. 3 lines 53-55).
Claim(s) 1-13, 16, and 18-30 is/are rejected under 35 U.S.C. 102(e) as being anticipated by Huynh (US 2011/0100152), herein ‘Huynh’.
Regarding claim 1, Huynh discloses an apparatus (Fig. 1), comprising:
a turret assembly (100) for a sighting device (102) of a weapon or other projectile launcher (par. 35), the turret assembly including:
a locking adjustment assembly (250) defining a graspable section (Figs. 1-5), the graspable section manually rotatable about a rotational axis (130), to adjust a setting of the sighting device (par. 35);
a catch (180-190) defining a stopping position of the graspable section whereat the catch prevents rotation of the graspable section in a clockwise or counterclockwise direction (Fig. 4; par. 54);
a lock release (170, 220, 240, and/or 242) including an actuator (240-242), wherein an exterior (255A-255B) of the turret assembly includes an opening (254) to expose at least one surface (244) of the actuator; and
the lock release structured to disengage the catch in response to a manually-applied linear force applied to said at least one surface in a direction along an axis that is different than the rotational axis, said disengagement allowing the graspable section to be rotated in the clockwise or counterclockwise direction from the stopping position (Fig. 4A-5; par. 52-53).
Regarding claim 2, Huynh discloses a scope (102) comprising:
a main tube (Figs. 4-5);
the apparatus of claim 1 (as described above);
wherein the exterior of the turret assembly further includes:
a first section (101) that is non-rotatable relative to the main tube (par. 36); and
a second section (250, 255) that is rotatable relative to the first section, the second section of the exterior including the graspable section of the locking adjustment assembly (Figs. 1-5);
wherein the opening is defined by the second section of the exterior.
Regarding claim 3, Huynh discloses wherein the exterior of the turret assembly includes a first upper section (250, 255) rotatable relative to a second lower section (101) of the exterior, the opening is defined by the first upper section of the exterior (Figs. 1-5; par. 49).
Regarding claim 4, Huynh discloses wherein the actuator is positionable in a plurality of positions (Fig. 4, Fig. 5), wherein, in at least one position of the plurality of positions, the actuator protrudes a predefined amount relative to a part (255B) of the exterior defining a perimeter of the opening (Fig. 4); and
wherein said actuator protruding by the predefined amount denoting, to an operator of the turret assembly, whether or not the locking adjustment assembly is in a predefined mode of operation (the predefined mode indicating that the turret is not rotatable).
Regarding claim 5, Huynh discloses wherein the predefined mode of operation corresponds to a locked state, in which the catch is not disengaged (Fig. 4; par. 52).
Regarding claim 6, Huynh discloses wherein the plurality of positions includes another position in which the actuator is not protruding by the predefined amount, the other position denoting, to the operator, that the catch is disengaged (Fig. 5; par. 54).
Regarding claim 7, Huynh discloses wherein in another position of the plurality of positions the actuator is not protruding from the part of the exterior defining the perimeter of the opening (Fig. 5; par. 54).
Regarding claim 8, Huynh discloses wherein in the other position of the plurality of positions the actuator is flush with the part of the exterior defining the perimeter of the opening (Fig. 5).
Regarding claim 9, Huynh discloses wherein the plurality of positions includes at least three different positions (position shown in Fig. 4, position shown in Fig. 4A/5, and any position between the positions shown in Figs. 4 and 4A/5).
Regarding claim 10, Huynh discloses wherein when the catch is disengaged, the graspable section is rotatable to a clockwise-most terminal position and to a counterclockwise-most terminal position, wherein the graspable section may not be rotated clockwise past the clockwise-most terminal position, and wherein the graspable section may not be rotated counterclockwise past the counterclockwise-most terminal position (Figs. 6-9; par. 58);
wherein, from the clockwise-most terminal position, the graspable section may be rotated more than one full revolution counterclockwise before reaching the counterclockwise-most terminal position (Figs. 6-9; par. 58);
wherein the predefined mode of operation corresponds to a locked state, in which the catch is not disengaged (par. 54); and
wherein another position of the at least three different positions corresponds to an initial range of motion of the more than one full revolution of the graspable section and yet another position of the at least three different positions corresponds to a subsequent range of motion of the more than one full revolution of the graspable section (Figs. 6-9; par. 58).
Regarding claim 11, Huynh discloses wherein the at least three different positions of the plurality of positions comprises:
the at least one position in which the actuator is protruding by the predefined amount relative to the part of the exterior defining the perimeter of the opening (Fig. 4);
a first additional position in which the actuator is inset by a predefined amount relative to the part of the exterior defining the perimeter of the opening (Figs. 4A/5); and
a second additional position between the at least one position and the first additional position (a position between those shown in Figs. 4 and 4A/5).
Regarding claim 12, Huynh discloses wherein in the second additional position the actuator is flush with the part of the exterior defining the perimeter of the opening (Figs. 4-5).
Regarding claim 13, Huynh discloses an apparatus (Fig. 1), comprising:
a turret assembly (100) for a sighting device (102) of a weapon or other projectile launcher (par. 35), the turret assembly including:
a locking adjustment assembly (250) defining a graspable section (Figs. 1-5), the graspable section manually rotatable about a rotational axis (130), to adjust a setting of the sighting device (par. 35);
a catch (180-190) defining a stopping position of the graspable section whereat the catch prevents rotation of the graspable section in a clockwise or counterclockwise direction (Fig. 4; par. 54);
a lock-release (170, 220, 240, and/or 242) arranged to disengage the catch in response to a manually-applied linear force, said disengagement allowing the graspable section to be rotated in the clockwise or counterclockwise direction from the stopping position (Fig. 4A-5; par. 52-53);
the lock-release mechanism including an actuator (240-242), wherein the manually-applied linear force on the lock-release mechanism is applied to the actuator (Fig. 4A; par. 52);
wherein an exterior (255A-255B) of the turret assembly includes an opening (254) to expose the actuator;
wherein the manually-applied force is in a direction along an axis that is different than the rotational axis, wherein the axes are non-parallel (Figs. 4-5).
Regarding claim 16, Huynh discloses wherein the catch is configured to automatically lock the graspable section in the stopping position, and prevent further rotation of the graspable section until the catch is re-released (par. 54).
Regarding claim 18, Huynh discloses wherein the actuator comprises a single button, or travels in a single direction, in response to the manually-applied force (Fig. 4A; par. 56).
Regarding claim 19, Huynh discloses wherein the actuator comprises a single button (Fig. 4A; par. 56).
Regarding claim 20, Huynh discloses an apparatus (Fig. 1), comprising:
a turret assembly (100) for a sighting device (102) of a weapon or other projectile launcher (par. 35), the turret assembly including:
a locking adjustment assembly (250) defining a graspable section (Figs. 1-5), the graspable section manually rotatable about a rotational axis (130), to adjust a setting of the sighting device (par. 35);
a catch (180-190) defining a stopping position of the graspable section whereat the catch prevents rotation of the graspable section in a clockwise or counterclockwise direction (Fig. 4; par. 54);
a lock-release (170, 220, 240, and/or 242) arranged to disengage the catch in response to a manually-applied linear force, said disengagement allowing the graspable section to be rotated in the clockwise or counterclockwise direction from the stopping position (Fig. 4A-5; par. 52-53);
the lock-release mechanism including an actuator (240-242), wherein the manually-applied linear force on the lock-release mechanism is applied to the actuator (Fig. 4A; par. 52);
wherein an exterior (255A-255B) of the turret assembly includes an opening (254) to expose the actuator;
wherein the actuator comprises a single button, and wherein the single button is carried by the graspable section for rotation therewith (Fig. 4A; par. 56).
Regarding claims 21-22, Huynh discloses wherein the actuator comprises a single button carried by the graspable section for rotation therewith (Fig. 4A; par. 56).
Regarding claim 23, Huynh discloses wherein the manually-applied linear force is in a direction that is not parallel with the rotational axis (Figs. 4-5; par. 52).
Regarding claim 24, Huynh discloses a sighting device (riflescope; par. 35) for a weapon or other projectile launcher (par. 35), the sighting device comprising:
a housing (102);
an optical element supported by the housing (par. 36); and
a turret assembly (100) mounted to the housing, the turret assembly including:
a knob (250) manually rotatable relative to the housing about a rotational axis (130) to change a setting of the sighting device (par. 35), the optical element positioned in a first position of a plurality of positions when the knob is positioned in a stopping position (par. 36-37);
a catch (180-190) defining the stopping position of the knob whereat the catch prevents rotation of the knob in a clockwise or counterclockwise direction (Fig. 4; par. 54); and
a lock release (170, 220, 240, and/or 242) including an actuator (240-242), wherein a graspable portion of the knob includes an opening (254) to expose a portion (244) of the actuator;
the lock release structured to disengage the catch in response to a manually-applied force applied to said portion of the actuator in a radial direction relative to the rotational axis of the knob, said disengagement allowing a user to rotate the knob from the stopping position and thereby move the optical element from the first position to a second position of the plurality of positions (Fig. 4A-5; par. 52-53).
Regarding claim 25, Huynh discloses wherein the catch further including a first portion (180) and a second portion (190), wherein the second portion is attached to the lock release, is rotatable with the knob about the rotational axis, and is rotatable relative to the first portion (Figs. 4-5; par. 44-45).
Regarding claim 26, Huynh discloses wherein the first portion and the second portion of the catch cooperate to retain the knob at the stopping position (Figs. 4-5; par. 54).
Regarding claim 27, Huynh discloses wherein the first portion includes a catch opening or recess (192) formed therein, wherein the second portion includes a catch member (184) seated within the catch opening or recess when the knob is at the stopping position (par. 54); and
wherein a biasing element (186) drives movement of the catch (par. 53).
Regarding claim 28, Huynh discloses wherein the catch comprises a catch member (184) and the manually-applied force drives movement of the catch member in the radial direction relative to the rotational axis of the knob (Fig. 5; par. 52-53).
Regarding claim 29, Huynh discloses a biasing element (290-292) that biases the lock release (par. 49), wherein at least a portion (244) of the lock release protrudes outwardly relative to a surface (255B) of the knob when the knob is at the stopping position (Fig. 4).
Regarding claim 30, Huynh discloses wherein the catch comprises a catch member (184), the catch member movable in a radial direction relative to the rotational axis of the knob (Fig. 5; par. 52-53).
Conclusion
Claims 1-14 and 16-30 are rejected. Claim 15 is cancelled.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN S GOMBERG whose telephone number is (571)272-4802. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at (571)272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Troy Chambers/Supervisory Patent Examiner, Art Unit 3641
/BENJAMIN S. GOMBERG/
Examiner
Art Unit 3641
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