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 .
Status of Claims
Claims 1-20 are pending.
Claims 1-14 are allowed.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 3/17/2025 and 10/10/2025 have been 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 character(s) not mentioned in the description: “1615” (Fig. 7). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the elastic member in the image intensifier bracket, which is critical or essential to the practice of the invention but not included in the claims. See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). The present specification describes how the components of the image intensifier bracket work together to securely hold an image intensifier. The image intensifier bracket includes a mounting barrel, an adjustment thread ring, and an elastic member. The specification states that “the elastic member 164 is provided at a bottom of the mounting barrel 161 and between the image intensifier 18 and the image combiner 163 to ensure the mounting stability of the image intensifier 18 and to cooperate with the adjustment thread ring 162 for position adjustment in the direction of the low-light optical axis” (paragraph [0069]) and that “the elastic member 164 is provided within the mounting barrel 161 and abutted against the end of the image intensifier 18 away from the adjustment thread ring 162, so that the image intensifier 18 can be positioned and is compatible with differences in the dimension of different image intensifiers 18 in the direction of the low-light optical axis” (paragraph [0076]). The specification does not describe how the same functionality can be achieved without the elastic member. Additionally, there are no figures illustrating any embodiments of the image intensifier bracket without the elastic member.
Allowable Subject Matter
Claims 1-14 are allowed.
Claims 17 and 20 would be objected to once the above stated 112(a) rejection is corrected.
US 2008/0290260 to Moody, made of record in the IDS filed 10/10/2025, is considered the closest prior art. Moody discloses a night vision device comprising an image intensifier bracket with a mounting barrel and an adjustment thread ring (see at least Fig. 1). Moody also discloses an elastic member (see at least paragraph [0020], where the contact assembly includes leaf springs that allow for a small degree of radial displacement of the image intensifier). However, Moody does not disclose that “a rear end of the image intensifier is abutted against a rear end of the mounting barrel by means of the elastic member” as recited in claim 1.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 1 is allowable over the cited art of record for at least the reason that the prior art fails to teach or suggest a low-light night vision device comprising an image intensifier bracket, the image intensifier bracket comprising a mounting barrel, an adjustment thread and an elastic member, a rear end of the image intensifier is abutted against a rear end of the mounting barrel by means of the elastic member, as generally set forth in claim 1, the invention including the totality of the particular limitations recited in claim 1.
Claims 2-14 are allowable over the cited art of record for at least the reason that they depend from an allowable claim.
Claims 17 and 20 would be objected to, once the above stated rejection under 35 USC 112(a) is corrected, 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.
Claim 17 would be objected to for at least the reason that the prior art fails to teach or suggest that a threaded interface is formed at a rear end of the front cover plate, and a front end of the mounting barrel is provided with a barrel mouth thread, external threads of the barrel mouth thread and the threaded interface are in opposite helical directions; an inner wall surface of an end of the adjustment thread ring facing the mounting barrel is provided with a first internal thread threaded with the barrel mouth thread, an inner wall surface of an end of the adjustment thread ring facing the front cover plate is provided with a second internal thread threaded with the threaded interface, and the first internal thread and the second internal thread are in opposite helical directions, as generally set forth in claim 17, the invention including the totality of the particular limitations recited in claims 15 and 16, from which claim 17 depends.
Claim 20 would be objected to for at least the reason that the prior art fails to teach or suggest an annular wall of the adjustment thread ring defines a plurality of holes arranged circumferentially around the low-light optical axis, for observation of a mounting position inside the adjustment thread ring, as generally set forth in claim 20, the invention including the totality of the particular limitations recited in claim 15, from which claim 20 depends.
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 15-16 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0290260 to Moody, made of record in the IDS filed 10/10/2025 (hereafter Moody).
Regarding claim 15, Moody discloses a low-light night vision device (see at least the abstract), comprising a first monocular assembly (see Fig. 1), the first monocular assembly comprising: a housing comprising a lens barrel having a front opening (see at least Fig. 1 and paragraph [0021], where monocular housing 10 is a lens barrel), and a front cover plate mounted at the front opening of the lens barrel (see at least Fig. 1 and paragraph [0019], where focus collar 22 is a front cover plate); a low-light objective lens group mounted on the front cover plate and defining a low-light optical axis (see at least Fig. 1 and paragraph [0019], where objective lens assembly 24 is an objective lens group); an image intensifier bracket arranged at a rear end of the low-light objective lens group along the low-light optical axis (see at least Fig. 1 and paragraph [0018], where 14 is an image intensifier tube), and comprising: a mounting barrel configured to receive an image intensifier therein (see at least Fig. 1 and paragraph [0021], where contact assembly 28 is a mounting barrel); and an adjustment thread ring having opposite ends along the low-light objective lens group, the opposite ends of the adjustment thread ring being connected to the front cover plate and the mounting barrel, respectively, in such a manner that the mounting barrel and the front cover plate move toward or away from each other along the low-light optical axis upon rotation of the adjustment thread ring (see at least Fig. 1 and paragraphs [0020] and [0029], where retaining ring 26 is an adjustment thread ring).
Regarding claim 16, Moody discloses all of the limitations of claim 15.
Moody also discloses that the opposite ends of the adjustment thread ring are connected to the front cover plate and the mounting barrel with threaded connections, respectively (see at least Fig. 1 and paragraphs [0020]-[0023]).
Regarding claim 18, Moody discloses all of the limitations of claim 15.
Moody also discloses that the front cover plate is configured to position a front end of the image intensifier along the low-light optical axis, and a rear end of the mounting barrel away from the front cover plate is configured to resiliently position a rear end of the image intensifier along the low-light optical axis (see at least Fig. 1 and paragraphs [0020]-[0023])
Regarding claim 19, Moody discloses all of the limitations of claim 18.
Moody also discloses that the first monocular assembly comprises an image combiner fixedly connected to the rear end of the mounting barrel (see at least Fig. 6 and paragraph [0036], where 616 is an image combiner).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0012087 to Thomas et al. discloses a night vision device (see at least the abstract) comprising an image intensifier tube in an image intensifier bracket (see at least Figs. 2a-2b and paragraph [0020]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM W BOOHER whose telephone number is (571)270-0573. The examiner can normally be reached M - F: 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.W.B./ Examiner, Art Unit 2872
/STEPHONE B ALLEN/ Supervisory Patent Examiner, Art Unit 2872
