Prosecution Insights
Last updated: October 04, 2026
Application No. 18/811,222

OPTICAL BRIDGE

Non-Final OA §102§103§DP
Filed
Aug 21, 2024
Priority
Apr 13, 2021 — provisional 63/258,119 +1 more
Examiner
KING, GEORGE G
Art Unit
Tech Center
Assignee
Aether Optics LLC
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
9m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
349 granted / 604 resolved
-2.2% vs TC avg
Strong +38% interview lift
Without
With
+37.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
56 currently pending
Career history
647
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
40.0%
+0.0% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
28.5%
-11.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 604 resolved cases

Office Action

§102 §103 §DP
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 The information disclosure statements (IDS) submitted on August 21, 2024 and July 10, 2025 comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: 12 & 13 in figure 2. (The examiner respectfully suggests removing the reference numbers from the figure, since it appears they have no impact on the claimed invention and since this would avoid any inadvertent new matter issues.) The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “mating tunnel comprises a door-like portion” where “the door-like portion includes a lock” must be shown or the features canceled from the claims. No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-2, 5-6, 12-15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maeda et al. foreign patent JPH0886975, of record. Regarding claim 1 Maeda discloses a system (title), comprising: (A) an optical bridge (e.g. see figures 10-11), comprising: (i) a bridge body (e.g. combination of fixing member 32 & guide member 31) configured to be mounted directly or indirectly onto a head-worn device (e.g. see figure 1); (ii) at least one rail (e.g. shafts 16a & 16b) operatively engaged with the bridge body (e.g. see figures 10-11), the at least one rail having a first end and a second end (e.g. see figures 10-11); (iii) a first stopblock (e.g. left bearing 33) located at or proximate to the first end; and (iv) a second stopblock (e.g. right bearing 33) located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body (e.g. see figures 10-11 left side) and a second side portion located between the second stopblock and the bridge body (e.g. see figures 10-11 right side); and (B) an optical device (e.g. combination of optical system support member 12 housing observation optical system 13) directly or indirectly mounted onto the at least one rail (e.g. see figures 10-11). Regarding claim 2 Maeda discloses the system of claim 1, as set forth above. Maeda further discloses wherein the optical device (e.g. 12) includes at least one mating tunnel (e.g. holes 12h and/or 12i) configured to slide over the at least one rail (e.g. 16a and/or 16b), the at least one tunnel being integral to the optical device (e.g. see figures 10-11). Regarding claim 5 Maeda discloses the system of claim 2, as set forth above. Maeda further discloses wherein the optical device (e.g. combination of 12 & 13) comprises a frame (e.g. figure 13 bearing 37) defining the at least one mating tunnel (e.g. paragraph [0057] “37 is arranged, which is formed by integrating the two holes 12h and hole 12i” see figure 13(d)), the frame further comprising a first position-securing device (e.g. left combination comprising gears 36a, 36b & rack 37c) configured to releasably engage the at least one rail to secure the optical device at a desired position along the first side portion of the at least one rail (e.g. via left interpupillary distance adjustment knob 100), wherein the first position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the first side portion of the at least one rail (e.g. when left 100 is not being rotated see figure 13(e)), and (ii) an unengaged state wherein the optical device is free to slide along the first side portion of the at least one rail (e.g. when left 100 is being rotated see figure 13(d)). Regarding claim 6 Maeda discloses the system of claim 5, as set forth above. Maeda further discloses wherein the frame (e.g. 37) further comprises a second position-securing device (e.g. right combination comprising 36a, 36b & 37c) configured to releasably engage the at least one rail to secure the optical device at a desired position along the second side portion of the at least one rail (e.g. via right 100), wherein the second position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the second side portion of the at least one rail (e.g. when right 100 is not being rotated see figure 13(e)), and (ii) an unengaged state wherein the optical device is free to slide along the second side portion of the at least one rail (e.g. when right 100 is being rotated see figure 13(d)). Regarding claim 12 Maeda discloses the system of claim 1, as set forth above. Maeda further discloses wherein the at least one rail (e.g. 16a & 16b) may comprise from 1 to about 5 rails (e.g. see figure 11). Regarding claim 13 Maeda discloses the system of claim 1, as set forth above. Maeda further discloses wherein the bridge body (e.g. combination of 31 & 32) comprises at least one through-channel and the at least one rail extends through the at least one through-channel (e.g. see figure 11). Regarding claim 14 Maeda discloses the system of claim 13, as set forth above. Maeda further discloses wherein the at least one through-channel is completely defined by the bridge body (e.g. see figure 11). Regarding claim 15 Maeda discloses the system of claim 13, as set forth above. Maeda further discloses wherein the at least one rail is adhesively and/or secured to the bridge body at the at least one through-channel (implicit for proper operation given if 16a & 16b were loose the optical devices would shift left and right). Regarding claim 18 Maeda discloses the system of claim 1, as set forth above. Maeda further discloses it is further comprising a power source, remote power supply wiring, power connectors, or any combination thereof (e.g. drive circuits 23b). Claim Rejections - 35 USC § 103 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 3-4 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. foreign patent JPH0886975, of record, in view of Burbo et al. US Patent 4,449,787, of record. Regarding claim 3 Maeda discloses the system of claim 2, as set forth above. Maeda further discloses wherein the optical device (e.g. combination of 12 & 13) includes (i) a first monocular device mounted onto the at least one rail at a first position on the first side portion of the at least one rail (e.g. left combination of 12 & 13), (ii) a second monocular night vision device mounted onto the at least one rail at a second position on the second side portion of the at least one rail (e.g. right combination of 12 & 13), or both (i) and (ii) (e.g. see figures 10-11). Maeda does not disclose the optical devices are night vision devices. Burbo teaches a similar system (e.g. figures 1-2 aviator's night vision imaging system/ANVIS 10) including a bridge body (e.g. assembly 60) configured to be mounted directly or indirectly onto a head-worn device (e.g. see figures 1-2),at least one rail operatively engaged with the bridge body (e.g. shafts 65 & 77-78), a first optical device mounted on a first portion (e.g. telescope 22) and a second optical device mounted on a second portion (e.g. telescope 23); and further teaches said optical devices are night vision devices for the purpose of enabling night time vision by responding to low level of light and/or viewing objects at night, which objects emit heat or infra-red radiation (column 1 lines 18-26). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the optical devices be night vision devices as taught by Burbo for the purpose of enabling night time vision by responding to low level of light and/or viewing objects at night, which objects emit heat or infra-red radiation. Regarding claim 4 Maeda discloses the system of claim 2, as set forth above. Maeda further discloses wherein the optical device (e.g. combination of 12 & 13) includes a binocular device or a panoramic device (e.g. see figures 10-11), and wherein the at least one mating tunnel (e.g. 12h and/or 12i) overlies (i) a first portion of the at least one rail at a first side portion of the at least one rail (e.g. left side of 16a and/or 16b) and (ii) a second portion of the at least one rail at a second side portion of the at least one rail (e.g. right side of 16a and/or 16b). Maeda does not disclose the optical devices are night vision devices. Burbo teaches a similar system, as set forth above; and further teaches said optical devices are night vision devices for the purpose of enabling night time vision by responding to low level of light and/or viewing objects at night, which objects emit heat or infra-red radiation (column 1 lines 18-26). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the optical devices be night vision devices as taught by Burbo for the purpose of enabling night time vision by responding to low level of light and/or viewing objects at night, which objects emit heat or infra-red radiation. Regarding claims 16-17 Maeda discloses the system of claim 1, as set forth above. Maeda does not disclose wherein the at least one rail is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy, as required by claim 16; or wherein the bridge body is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy, as required by claim 17. Burbo teaches a similar system, as set forth above; and further teaches the at least one rail (e.g. 77-78) are fabricated from metal (column 10 lines 7-18 “aluminum alloys”) for the purpose of maximum rigidity using light materials (column 10 lines 15-18) and the other elements would be made of plastic (column 10 lines 7-18 “polyarylene ether”) for the purpose of employing a material with dimensional stability in low temperatures and excellent mechanical and dielectric properties (column 10 lines 10-13). Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice, In re Leshin, 125 USPQ 416, see MPEP 2144. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the at least one rail and the bridge body formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy as taught by Burbo for the purpose of employing a material with dimensional stability in low temperatures and excellent mechanical and dielectric properties and since selecting a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. foreign patent JPH0886975, of record, in view of Teetzel et al. US Patent Application Publication 2013/0083391. Regarding claim 7 Maeda discloses the system of claim 6 including a first and second position-securing device, as set forth above. Maeda does not disclose wherein the position-securing device comprises a user engageable button including or operably coupled to a rail-engaging surface and a body portion, wherein the user engageable button has (i) a depressed state corresponding to the unengaged state, and (ii) a relaxed state corresponding to the engaged state. Teetzel discloses a similar system (title e.g. figures 13-14 helmet mounting system 400) including a bridge (e.g. bridge mount 402) an optical system (e.g. thermal optical device(s) 404) a rail (e.g. support member 412) that allows “the optical device 404 to slide transversely along the support member 412 to a desired position” (paragraph [0043]) and has a mechanism for an engaged and unengaged states (paragraph [0043] “cammed or eccentric bearing surface to allow selectively clamping and unclamping”); and further teaches the position-securing device comprises a user engageable button (e.g. button 414) including or operably coupled to a rail-engaging surface and a body portion, wherein the user engageable button has (i) a depressed state corresponding to the unengaged state, and (ii) a relaxed state corresponding to the engaged state (paragraph [0043] “414 may have a cammed or eccentric bearing surface to allow selectively clamping and unclamping … relative to the support member 412 … 414 may be depressed to enable the optical device 404 to slide transversely along the support member 412) for the purpose of enabling the user to adjust the pupillary/interpupillary distance of each optical device 404 to a desired position in front of the their eyes (paragraph [0043]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the position-securing device comprises a user engageable button including or operably coupled to a rail-engaging surface and a body portion, wherein the user engageable button has (i) a depressed state corresponding to the unengaged state, and (ii) a relaxed state corresponding to the engaged state as taught by Teetzel for the purpose of enabling the user to adjust the pupillary/interpupillary distance of each optical device 404 to a desired position in front of the their eyes. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. foreign patent JPH0886975, of record, in view of Patel et al. US Patent Application Publication 2002/0054234. Regarding claim 8 Maeda discloses the system of claim 6 including a first and second position-securing device, as set forth above. Maeda does not disclose wherein the position-securing device comprises a user engageable captured screw that does not translate inwardly our outwardly in relation to the at least one rail upon rotation of the captured screw, the captured screw being operably coupled to a stopper that translates inwardly and/or outwardly in relation to the at least one rail upon rotation of the captured screw, wherein stopper has (i) a first position corresponding to the unengaged state where the stopper is not in contact with the at least one rail, and (ii) a second position corresponding to the engaged state where the stopper is in contact with the at least one rail. Patel teaches a similar system including an optical device with adjustable movement (abstract) and a position-securing devices engaging a rail (e.g. figure 10 stops 31a & 31b engaging annular flange 24); and further teaches (see figure 12) a user engageable captured screw that does not translate inwardly our outwardly upon rotation of the captured screw (e.g. captive screw 39), the captured screw being operably coupled to a stopper (e.g. stop 31) that translates inwardly and/or outwardly in relation to the at least one rail upon rotation of the captured screw (paragraph [0048] “39 may be used … for setting the position of stop 31”), wherein stopper has (i) a first position corresponding to the unengaged state where the stopper is not in contact with the at least one rail (inherent for means seen in figures 10-12 and screw as discussed in paragraph [0048] “for fixing the position of the stop”), and (ii) a second position corresponding to the engaged state where the stopper is in contact with the at least one rail (inherent for an adjustable device as seen in figures 10-12 and discussed in paragraph [0048]). One would be motivated to use a captive screw and stop for the purpose of having an adjustable motion limiting means that is not removable from the device (paragraph [0048] “[c]aptive screw 39 may be partially threaded into groove 30 allowing stop 31 to slide in the groove, but preventing stop 31 from falling off or being removed”). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the position-securing device comprises a user engageable captured screw that does not translate inwardly our outwardly in relation to the at least one rail upon rotation of the captured screw, the captured screw being operably coupled to a stopper that translates inwardly and/or outwardly in relation to the at least one rail upon rotation of the captured screw, wherein stopper has (i) a first position corresponding to the unengaged state where the stopper is not in contact with the at least one rail, and (ii) a second position corresponding to the engaged state where the stopper is in contact with the at least one rail as taught by Patel for the purpose of having an adjustable motion limiting means that is not removable from the device. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. foreign patent JPH0886975, of record, in view of Woker et al. US Patent Application Publication 2007/0103774. Regarding claim 9 Maeda discloses the system of claim 6 including a first and second position-securing device, as set forth above. Maeda does not disclose wherein the position-securing device comprises a user engageable movable lever or knob operably coupled to a rail-engaging component, wherein the movable lever or knob has (i) a first position corresponding to the unengaged state where the rail-engaging component is not in contact with the at least one rail, and (ii) a second position corresponding to the engaged state where the rail-engaging component is in contact with the at least one rail. Woker teaches a similar system (title, e.g. figure 1A & 3A-3C binocular system 200) including two optical devices (e.g. barrel/telescope pair 20) with a lockable, adjustable inter-pupillary distance mechanism (inter alia title & abstract e.g. IPD mechanism 260 including: rails 30 & 40, sleeves 39 & 49, cam 258, retaining screw 272, knob 262, housing top 252 & radially activated locking lever 268 ); and further teaches the position-securing device comprises a user engageable movable lever or knob (e.g. 268) operably coupled to a rail-engaging component, wherein the movable lever or knob has (i) a first position corresponding to the unengaged state where the rail-engaging component is not in contact with the at least one rail (paragraph [0029 “locking level 268 of the IPD mechanism 260 is disengaged by radially moving lever 268 away from the housing cam 258, the compression against the adjustment knob 262 is released”), and (ii) a second position corresponding to the engaged state where the rail-engaging component is in contact with the at least one rail (paragraph [0029] “lever 268 engages the housing cam 258 causing a downward force on the retaining screw 272 and thereby compressing the adjustment knob 262 against the housing 250 top 252. After lever 268 engagement, the adjustment knob 262 is substantially immovable”) for the purpose of releasably preventing unintentional adjustment the inter-pupillary distance (abstract). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the position-securing device comprises a user engageable movable lever or knob operably coupled to a rail-engaging component, wherein the movable lever or knob has (i) a first position corresponding to the unengaged state where the rail-engaging component is not in contact with the at least one rail, and (ii) a second position corresponding to the engaged state where the rail-engaging component is in contact with the at least one rail as taught by Woker for the purpose of releasably preventing unintentional adjustment the inter-pupillary distance. Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. foreign patent JPH0886975, of record, in view of ThorLabs Catalog, Volume 19, 2007, page 230. Regarding claims 10-11 Maeda discloses the system of claim 2, as set forth above. Maeda does not disclose wherein the at least one mating tunnel comprises a door-like portion that is configured to translate between (i) an open state to enable mounting of the optical device onto the at least one rail, a closed state to prevent the optical device from falling off the at least one rail, as required by claim 10; or wherein the door-like portion includes a lock to prevent inadvertent opening of the door-like portion, as required by claim 11. ThorLabs has a system of mounting an optic device to a rail (e.g. page 230 cage assembly swapper plate STK01) including at least one mating tunnel (see annotated figure A below) and further has a door-like portion (see annotated figure A below) that is configured to translate between (i) an open state to enable mounting of the optical device onto the at least one rail (see annotated figure A below), a closed state to prevent the optical device from falling off the at least one rail (see annotated figure A below), and includes a lock to prevent inadvertent opening of the door-like portion (see annotated figure A below) for the purpose of allowing optical elements to be swapped in and out of a rail system (page 230 first full sentence, e.g. see top right image). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the system as disclosed by Maeda to have the at least one mating tunnel comprises a door-like portion that is configured to translate between (i) an open state to enable mounting of the optical device onto the at least one rail, a closed state to prevent the optical device from falling off the at least one rail, and wherein the door-like portion includes a lock to prevent inadvertent opening of the door-like portion as taught by ThorLabs for the purpose of allowing optical elements to be swapped in and out of a rail system. [AltContent: textbox (lock)][AltContent: textbox (door in open state)][AltContent: textbox (door in closed state)][AltContent: arrow][AltContent: textbox (mating tunnels)] PNG media_image1.png 268 162 media_image1.png Greyscale Figure A. Annotated image of STK01. 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 1-9 and 12-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 13-23 and 24-34 of U.S. Patent No. 12,085,763. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants. Instant application 12,085,763 1. A system, comprising: (A) an optical bridge, comprising: (i) a bridge body configured to be mounted directly or indirectly onto a head-worn device; (ii) at least one rail operatively engaged with the bridge body, the at least one rail having a first end and a second end; (iii) a first stopblock located at or proximate to the first end; and (iv) a second stopblock located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body and a second side portion located between the second stopblock and the bridge body; and (B) an optical device directly or indirectly mounted onto the at least one rail. 1. An optical bridge, comprising: (i) a bridge body configured to be mounted directly or indirectly onto a head-worn device; (ii) at least one rail operatively engaged with the bridge body, the at least one rail having a first end and a second end; (iii) a first stopblock located at or proximate to the first end; and (iv) a second stopblock located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body and a second side portion located between the second stopblock and the bridge body; (v) a first adapter pod slidably mounted on the first side portion of the at least one rail and configured to engage a first optical device, a second adapter pod slidably mounted on the second side portion of the at least one rail and configured to engage the first optical device, a second optical device, or both; (vi) the first adapter pod comprises a first position-securing device configured to releasably engage the at least one rail to secure the first adaptor pod at a desired position along the first side portion of the at least one rail, and the second adapter pod comprises a second position-securing device configured to releasably engage the at least one rail to secure the second adaptor pod at a desired position along the second side portion of the at least one rail; (vii) the first position-securing device and the second position-securing device each comprise (a) an engaged state wherein the respective adapter pod is releasably secured at the desired position along the respective side portion of the at least one rail, and (b) an unengaged state wherein the respective adapter pod is free to slide along the respective side portion of the at least one rail; and (viii) the first position-securing device, the second position-securing device, or both comprise a user engageable button including or operably coupled to a rail-engaging surface and a body portion, wherein the user engageable button has (a) a depressed state corresponding to the unengaged state, and (b) a relaxed state corresponding to the engaged state. 2. The system of claim 1, wherein the optical device includes at least one mating tunnel configured to slide over the at least one rail, the at least one tunnel being integral to the optical device. 5. The system of claim 2, wherein the optical device comprises a frame defining the at least one mating tunnel, the frame further comprising a first position-securing device configured to releasably engage the at least one rail to secure the optical device at a desired position along the first side portion of the at least one rail, wherein the first position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the first side portion of the at least one rail, and (ii) an unengaged state wherein the optical device is free to slide along the first side portion of the at least one rail. 6. The system of claim 5, wherein the frame further comprises a second position-securing device configured to releasably engage the at least one rail to secure the optical device at a desired position along the second side portion of the at least one rail, wherein the second position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the second side portion of the at least one rail, and (ii) an unengaged state wherein the optical device is free to slide along the second side portion of the at least one rail. 7. The system of claim 6, wherein the first position-securing device, the second position-securing device, or both comprise a user engageable button including or operably coupled to a rail-engaging surface and a body portion, wherein the user engageable button has (i) a depressed state corresponding to the unengaged state, and (ii) a relaxed state corresponding to the engaged state. 1. A system, comprising: (A) an optical bridge, comprising: (i) a bridge body configured to be mounted directly or indirectly onto a head-worn device; (ii) at least one rail operatively engaged with the bridge body, the at least one rail having a first end and a second end; (iii) a first stopblock located at or proximate to the first end; and (iv) a second stopblock located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body and a second side portion located between the second stopblock and the bridge body; and (B) an optical device directly or indirectly mounted onto the at least one rail. 13. An optical bridge, comprising: (i) a bridge body configured to be mounted directly or indirectly onto a head-worn device; (ii) at least one rail operatively engaged with the bridge body, the at least one rail having a first end and a second end; (iii) a first stopblock located at or proximate to the first end; and (iv) a second stopblock located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body and a second side portion located between the second stopblock and the bridge body; (v) a first adapter pod slidably mounted on the first side portion of the at least one rail and configured to engage a first optical device, a second adapter pod slidably mounted on the second side portion of the at least one rail and configured to engage the first optical device, a second optical device, or both; (vi) the first adapter pod comprises a first position-securing device configured to releasably engage the at least one rail to secure the first adaptor pod at a desired position along the first side portion of the at least one rail, and the second adapter pod comprises a second position-securing device configured to releasably engage the at least one rail to secure the second adaptor pod at a desired position along the second side portion of the at least one rail; (vii) the first position-securing device and the second position-securing device each comprise (a) an engaged state wherein the respective adapter pod is releasably secured at the desired position along the respective side portion of the at least one rail, and (b) an unengaged state wherein the respective adapter pod is free to slide along the respective side portion of the at least one rail; and (viii) the first position-securing device, the second position-securing device, or both comprise a user engageable captured screw that does not translate inwardly our outwardly in relation to the at least one rail upon rotation of the captured screw, the captured screw being operably coupled to a stopper that translates inwardly and/or outwardly in relation to the at least one rail upon rotation of the captured screw, wherein stopper has (a) a first position corresponding to the unengaged state where the stopper is not in contact with the at least one rail, and (b) a second position corresponding to the engaged state where the stopper is in contact with the at least one rail. 2. The system of claim 1, wherein the optical device includes at least one mating tunnel configured to slide over the at least one rail, the at least one tunnel being integral to the optical device. 5. The system of claim 2, wherein the optical device comprises a frame defining the at least one mating tunnel, the frame further comprising a first position-securing device configured to releasably engage the at least one rail to secure the optical device at a desired position along the first side portion of the at least one rail, wherein the first position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the first side portion of the at least one rail, and (ii) an unengaged state wherein the optical device is free to slide along the first side portion of the at least one rail. 6. The system of claim 5, wherein the frame further comprises a second position-securing device configured to releasably engage the at least one rail to secure the optical device at a desired position along the second side portion of the at least one rail, wherein the second position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the second side portion of the at least one rail, and (ii) an unengaged state wherein the optical device is free to slide along the second side portion of the at least one rail. 8. The system of claim 6, wherein the first position-securing device, the second position-securing device, or both comprise a user engageable captured screw that does not translate inwardly our outwardly in relation to the at least one rail upon rotation of the captured screw, the captured screw being operably coupled to a stopper that translates inwardly and/or outwardly in relation to the at least one rail upon rotation of the captured screw, wherein stopper has (i) a first position corresponding to the unengaged state where the stopper is not in contact with the at least one rail, and (ii) a second position corresponding to the engaged state where the stopper is in contact with the at least one rail. 1. A system, comprising: (A) an optical bridge, comprising: (i) a bridge body configured to be mounted directly or indirectly onto a head-worn device; (ii) at least one rail operatively engaged with the bridge body, the at least one rail having a first end and a second end; (iii) a first stopblock located at or proximate to the first end; and (iv) a second stopblock located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body and a second side portion located between the second stopblock and the bridge body; and (B) an optical device directly or indirectly mounted onto the at least one rail. 24. An optical bridge, comprising: (i) a bridge body configured to be mounted directly or indirectly onto a head-worn device; (ii) at least one rail operatively engaged with the bridge body, the at least one rail having a first end and a second end; (iii) a first stopblock located at or proximate to the first end; and (iv) a second stopblock located at or proximate to the second end; wherein the at least one rail has a first side portion located between the first stopblock and the bridge body and a second side portion located between the second stopblock and the bridge body; (v) a first adapter pod slidably mounted on the first side portion of the at least one rail and configured to engage a first optical device, a second adapter pod slidably mounted on the second side portion of the at least one rail and configured to engage the first optical device, a second optical device, or both; (vi) the first adapter pod comprises a first position-securing device configured to releasably engage the at least one rail to secure the first adaptor pod at a desired position along the first side portion of the at least one rail, and the second adapter pod comprises a second position-securing device configured to releasably engage the at least one rail to secure the second adaptor pod at a desired position along the second side portion of the at least one rail; (vii) the first position-securing device and the second position-securing device each comprise (a) an engaged state wherein the respective adapter pod is releasably secured at the desired position along the respective side portion of the at least one rail, and (b) an unengaged state wherein the respective adapter pod is free to slide along the respective side portion of the at least one rail; and (viii) the first position-securing device, the second position-securing device, or both comprise a user engageable movable lever or knob operably coupled to a rail-engaging component, wherein the movable lever or knob has (a) a first position corresponding to the unengaged state where the rail-engaging component is not in contact with the at least one rail, and (b) a second position corresponding to the engaged state where the rail-engaging component is in contact with the at least one rail. 2. The system of claim 1, wherein the optical device includes at least one mating tunnel configured to slide over the at least one rail, the at least one tunnel being integral to the optical device. 5. The system of claim 2, wherein the optical device comprises a frame defining the at least one mating tunnel, the frame further comprising a first position-securing device configured to releasably engage the at least one rail to secure the optical device at a desired position along the first side portion of the at least one rail, wherein the first position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the first side portion of the at least one rail, and (ii) an unengaged state wherein the optical device is free to slide along the first side portion of the at least one rail. 6. The system of claim 5, wherein the frame further comprises a second position-securing device configured to releasably engage the at least one rail to secure the optical device at a desired position along the second side portion of the at least one rail, wherein the second position-securing device comprises (i) an engaged state wherein the optical device is releasably secured at the desired position along the second side portion of the at least one rail, and (ii) an unengaged state wherein the optical device is free to slide along the second side portion of the at least one rail. 9. The system of claim 6, wherein the first position-securing device, the second position-securing device, or both comprise a user engageable movable lever or knob operably coupled to a rail-engaging component, wherein the movable lever or knob has (i) a first position corresponding to the unengaged state where the rail-engaging component is not in contact with the at least one rail, and (ii) a second position corresponding to the engaged state where the rail-engaging component is in contact with the at least one rail. 3. The system of claim 2, wherein the optical device includes (i) a first monocular night vision device mounted onto the at least one rail at a first position on the first side portion of the at least one rail, (ii) a second monocular night vision device mounted onto the at least one rail at a second position on the second side portion of the at least one rail, or both (i) and (ii). 10. The system of claim 9, wherein the optical device includes (i) a first monocular night vision device mounted onto the at least one rail at a first position on the first side portion of the at least one rail, (ii) a second monocular night vision device mounted onto the at least one rail at a second position on the second side portion of the at least one rail, or both (i) and (ii). 22. The system of claim 21, wherein the optical device includes (i) a first monocular night vision device mounted onto the at least one rail at a first position on the first side portion of the at least one rail, (ii) a second monocular night vision device mounted onto the at least one rail at a second position on the second side portion of the at least one rail, or both (i) and (ii). 33. The system of claim 32, wherein the optical device includes (i) a first monocular night vision device mounted onto the at least one rail at a first position on the first side portion of the at least one rail, (ii) a second monocular night vision device mounted onto the at least one rail at a second position on the second side portion of the at least one rail, or both (i) and (ii). 4. The system of claim 2, wherein the optical device includes a night vision binocular device or a panoramic night vision device, and wherein the at least one mating tunnel overlies (i) a first portion of the at least one rail at a first side portion of the at least one rail and (ii) a second portion of the at least one rail at a second side portion of the at least one rail. 9. A system, comprising: (A) an optical bridge according to claim 1; and (B) an optical device mounted onto the at least one rail via the first adapter pod, the second adapter pod, or both. 11. The system of claim 9, wherein the optical device includes a night vision binocular device or a panoramic night vision device. 21. A system, comprising: (A) an optical bridge according to claim 13; and (B) an optical device mounted onto the at least one rail via the first adapter pod, the second adapter pod, or both. 23. The system of claim 21, wherein the optical device includes a night vision binocular device or a panoramic night vision device. 32. A system, comprising: (A) an optical bridge according to claim 24; and (B) an optical device mounted onto the at least one rail via the first adapter pod, the second adapter pod, or both. 34. The system of claim 32, wherein the optical device includes a night vision binocular device or a panoramic night vision device. 12. The system of claim 1, wherein the at least one rail may comprise from 1 to about 5 rails. 2. The optical bridge of claim 1, wherein the at least one rail may comprise from 1 to about 5 rails. 14. The optical bridge of claim 13, wherein the at least one rail may comprise from 1 to about 5 rails. 25. The optical bridge of claim 24, wherein the at least one rail may comprise from 1 to about 5 rails. 13. The system of claim 1, wherein the bridge body comprises at least one through-channel and the at least one rail extends through the at least one through-channel. 3. The optical bridge of claim 1, wherein the bridge body comprises at least one through-channel and the at least one rail extends through the at least one through-channel. 15. The optical bridge of claim 13, wherein the bridge body comprises at least one through-channel and the at least one rail extends through the at least one through-channel. 26. The optical bridge of claim 24, wherein the bridge body comprises at least one through-channel and the at least one rail extends through the at least one through-channel. 14. The system of claim 13, wherein the at least one through-channel is completely defined by the bridge body. 4. The optical bridge of claim 3, wherein the at least one through-channels are completely defined by the bridge body. 16. The optical bridge of claim 15, wherein the at least one through-channels are completely defined by the bridge body. 27. The optical bridge of claim 26, wherein the at least one through-channels are completely defined by the bridge body. 15. The system of claim 13, wherein the at least one rail is adhesively and/or secured to the bridge body at the at least one through-channel. 5. The optical bride of claim 3, wherein the at least one rail is adhesively and/or secured to the bridge body at the at least one through-channel. 17. The optical bride of claim 15, wherein the at least one rail is adhesively and/or secured to the bridge body at the at least one through-channel. 28. The optical bride of claim 26, wherein the at least one rail is adhesively and/or secured to the bridge body at the at least one through-channel. 16. The system of claim 1, wherein the at least one rail is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 6. The optical bridge of claim 1, wherein the at least one rail is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 18. The optical bridge of claim 13, wherein the at least one rail is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 29. The optical bridge of claim 24, wherein the at least one rail is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 17. The system of claim 1, wherein the bridge body is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 7. The optical bridge of claim 1, wherein the bridge body is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 19. The optical bridge of claim 13, wherein the bridge body is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 30. The optical bridge of claim 24, wherein the bridge body is formed from a plastic material, a fiber-reinforced composite, a metal, or a metal alloy. 18. The system of claim 1, further comprising a power source, remote power supply wiring, power connectors, or any combination thereof. 8. The optical bridge of claim 1, further comprising a power source, remote power supply wiring, power connectors, or any combination thereof 20. The optical bridge of claim 13, further comprising a power source, remote power supply wiring, power connectors, or any combination thereof. 31. The optical bridge of claim 24, further comprising a power source, remote power supply wiring, power connectors, or any combination thereof. Regarding the differences between instant application independent claim 1 and ‘763 independent claims 1, 13 and 24 – the instant application claim is broader than ‘763 and since there is no mutually exclusive feature in the narrower ‘763 claims any device claimed under ‘763 claims 1, 13 and 24 necessarily falls within the scope of instant application claim 1. Regarding dependent claims the scope of ‘763 uses an adapter pod(s) to attach the optical device(s) to the rail(s) and the instant application uses has the attachment elements integrated into the optical device. However, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893); and "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice." In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). See MPEP 2144.04. Therefore, it would have been prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the adapter pod(s) and optical device(s) to be integrated into a single element since use of a one piece construction instead two piece construction would be merely a matter of obvious engineering choice. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. ThorLabs mechanical drawing of cage assembly swapper plate STK01, redrawn 2015; showing further detail of STK01 elements. Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at (571) 272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /George G. King/Primary Examiner, Art Unit 2872 September 16, 2026
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Prosecution Timeline

Aug 21, 2024
Application Filed
Sep 18, 2026
Non-Final Rejection mailed — §102, §103, §DP (current)

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