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 .
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 17 is 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.
Regarding Claim 17, claim 17 recites the limitation "the method of claim 1". There is insufficient antecedent basis for this limitation in the claim, since no method has been introduced in claim 1. For this reason, claim 17 is interpreted to depend on claim 10.
Claim Rejections - 35 USC § 102
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 1-8, 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moseman et al (US Publication No.: US 2020/0011640 A1, “Moseman”).
Regarding Claim 1, Moseman discloses an optical imaging system (Paragraph 0022; Figure 1), comprising:
A sighting device configured to obtain images in a first wavelength band (Figures 2 and 6, sighting device 102 which comprises a visible light camera; Paragraph 0027; Paragraph 0033);
A secondary imaging device configured to obtain images in a second wavelength band, the second wavelength band being different from the first wavelength band (Figures 2 and 6, secondary imaging device 106 comprises an infrared camera; Paragraph 0028);
A mounting element configured to mechanically attach the secondary imaging device to and align with the sighting device (Figure 6, mount 104; Paragraph 0027; Paragraph 0030), wherein:
The sighting device is configured to electronically link with the secondary imaging device (Figure 6, data connectors 120, 132; Paragraph 0030), and
The sighting device is configured to display a composite image comprised of a first image obtained by the sighting device and a second image obtained by the secondary imaging device (Figure 5, common display of image data received from the secondary imaging device 106 and image data received from the sighting device 102).
Regarding Claim 2, Moseman discloses an optical imaging system according to claim 1, wherein the sighting device is configured to electronically link with the secondary imaging device when the secondary imaging device is attached to the mounting element (Figure 6, data connectors 120, 132 connect to one another upon mounting the secondary imaging device 106 to the body 102).
Regarding Claim 3, Moseman discloses an optical imaging system according to claim 2, wherein the mounting element comprises an connection component configured to detect the presence of the secondary imaging device (Figure 7, step 23-0 discloses the detection; Paragraph 0035).
Regarding Claim 4, Moseman discloses an optical imaging system according to claim 2, wherein the sighting device comprises a communications element to engage with a second communications element comprised in the secondary imaging device (Figure 6, data connectors 120, 132; Paragraph 0030).
Regarding Claim 5, Moseman discloses an optical imaging system according to claim 4, wherein either or both of the communications element or second communications element comprises one or more of: a Bluetooth transceiver; a WiFi transceiver, an infrared communications element; or a RF transceiver (Paragraph 0030 discloses a wireless link; Paragraph 0035; Paragraph 0027).
Regarding Claim 6, Moseman discloses an optical imaging system according to claim 5, wherein either or both of the communications element and the second communications element is configured to detect the proximity or presence of the other of the second communications element and the communications element (Paragraph 0030 discloses detecting a wireless link which would result in proximity detection).
Regarding Claim 7, Moseman discloses an optical imaging system according to claim 1, wherein: the sighting device is configured to obtain images in a first wavelength band (Figures 2 and 6, sighting device 102; Paragraph 0027; Paragraph 0033); and
The secondary imaging device is configured to obtain images in a second wavelength band, the second wavelength band being different from the first wavelength band (Figures 2 and 6, secondary imaging device 106 comprises an infrared camera; Paragraph 0028).
Regarding Claim 8, Moseman discloses an optical imaging system according to claim 1, wherein the sighting device is a sighting scope for a projectile weapon (Figure 1; Paragraph 0022).
Regarding Claim 10, Moseman discloses a method for an optical imaging system (Figures 2 and 6), the imaging system comprising a sighting device and a mounting element (Figures 2 and 6, sighting device 102, mounting element 104), wherein the method comprises:
Linking a secondary imaging device electronically to the sighting device (Figure 6, data connectors 120, 132, secondary imaging device 106);
Displaying a composite image comprised of a first image obtained by the sighting device and a second image obtained by the secondary imaging device (Figure 5, common display of image data received from the secondary imaging device 106 and image data received from the sighting device 102).
Regarding Claim 11, Moseman discloses a method according to claim 10, wherein the step of linking comprises: triggering a linking process; and completing the linking process (Figure 6, data connectors 120, 132 connect to one another upon mounting the secondary imaging device 106 to the body 102).
Regarding Claim 12, Moseman discloses a method according to claim 11, wherein the step of triggering a linking process comprises determining that the secondary imaging device is attached to the mounting element (Figure 7, step 230; Paragraph 0035).
Regarding Claim 13, Moseman discloses a method according to claim 11, wherein the step of triggering comprises detecting, at either of the sighting device or the secondary imaging device, the proximity or presence of the other of the secondary imaging device or sighting device (Paragraph 0030 discloses detecting a wireless link which would result in proximity detection).
Regarding Claim 14, Moseman discloses a method according to claim 11, wherein the step of completing the linking process comprises establishing a communication session between the sighting device and the secondary imaging device (Paragraphs 0030-0031).
Regarding Claim 15, Moseman discloses a method according to claim 14, wherein the communication session is established by way of a WiFi communication protocol or a Bluetooth communication protocol (Paragraph 0027; Paragraph 0030; Paragraph 0045).
Regarding Claim 16, Moseman discloses a non-transitory computer readable medium including program instructions for causing an optical imaging system to perform the method of claim 10 (Paragraph 0029; Figure 6, program modules 130).
Regarding Claim 17, Moseman discloses an optical imaging system comprising one or more processing element configured to implement the method of claim 10 (Figure 6, processing module 124; Paragraphs 0027-0028).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Moseman in view of Mauricio et al (US Publication No.: US 2012/0030985 A1, “Mauricio”).
Regarding Claim 9, Moseman discloses an optical imaging system according to claim 8.
Moseman fails to disclose that the secondary imaging device is a hand-held monocular.
However, Mauricio discloses a similar optical imaging system where the secondary imaging device is a hand-held monocular (Mauricio, Figure 7, hand-held monocular 204; Paragraph 0080).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the secondary imaging device as disclosed by Moseman to be a hand-held monocular as disclosed by Mauricio. One would have been motivated to do so for the purpose of providing information to the base unit to optimize identifying a target (Mauricio, Paragraph 0080).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIAM QURESHI whose telephone number is (571)272-4434. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIAM QURESHI/Examiner, Art Unit 2871
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