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 Objections
Claims 1, 9, 12, and 13 are objected to because of the following informalities:
Line 7 of claim 1, line 5 of claim 12, and line 5 of claim 13 recite: “…provided to at least three outer circumference…”. It is recommended to be changed to read: “…provided on at least three outer circumference…”.
Line 3 of claim 9 recites: “…optical apparatus, in the first fixing member and…”. It is recommended to be changed to read: “…optical apparatus, the first fixing member and…”.
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.
Claims 1, 6, 12, and 13 (thus dependent claims 2-5 and 7-11) 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.
Lines 6-8 of claim 1 recites the limitation: “wherein the elastic member includes a first fixing member configured to fix the accessory and provided” on “at least three outer circumference side surfaces”. It is unclear which outer circumference side surfaces this limitation is referring to (see the following sub-paragraph in the claim). For the purpose of examination, this limitation is assumed to read: “wherein the elastic member includes a first fixing member configured to fix the accessory and provided” on “at least three outer circumference side surfaces of the elastic member”.
Lines 9-11 of claim 1 recites the limitation: “wherein the eyepiece frame includes a second fixing member configured to fix the accessory and provided to an area that does not face the at least three outer circumference side surfaces of outer circumference side surfaces”. This limitation is highly ambiguous. For the purpose of examination, this limitation is assumed to read: “wherein the eyepiece frame includes a second fixing member configured to fix the accessory and provided to an area of outer circumference side surfaces of the eyepiece frame that does not face the at least three outer circumference side surfaces of the elastic member”.
Lines 8-10 of claim 6 recites the limitation: “a second engagement member engageable with a second fixing member provided to an area that does not face the at least three outer circumference side surfaces of outer circumference side surfaces of the eyepiece frame”. For the same reasons in section 6(b) above, this limitation is assumed to read: “a second engagement member engageable with a second fixing member provided to an area of outer circumference side surfaces of the eyepiece frame that does not face the at least three outer circumference side surfaces of the elastic member”.
Lines 6-8 of claim 12 and lines 6-8 of claim 13 recite the limitation: “…and a second engagement member engageable with a second fixing member provided to an area that does not face the at least three outer circumference side surfaces of outer circumference side surface of the eyepiece frame…”. For the same reasons in section 6(b) above, this limitation is assumed to read: “…and a second engagement member engageable with a second fixing member provided to an area of outer circumference side surfaces of the eyepiece frame that does not face the at least three outer circumference side surfaces of the elastic member…”.
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.
Claim(s) 1-8 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsutsui (JPH09166811).
Regarding claim 1, Tsutsui discloses an optical apparatus (FIG. 5, (1)/(20)/(21), [0011, 0016-0020]) attachable to and detachable from an accessory (FIG. 1, (22), [0021, 0022]; mounting screws may be used in place of the protrusions (30), thus, detachable, [0027]), the optical apparatus comprising: a non-elastic member (FIG. 1, (20), [0016, 0017]) with an eyepiece frame (FIG. 1, (20a), [0016, 0017]); and an eyecup (FIG. 1, (21), [0016-0020]) fixed to the eyepiece frame and including an elastic member ((21) is made of material such as styrene elastomer which does not harm eyes when comes in contact, [0020]), wherein the elastic member includes a first fixing member configured to fix the accessory and provided on at least three outer circumference side surfaces of the elastic member (the portion of (21c) that corresponds to the encircled portion below, [0019]; NOTE: the “first fixing member” (808) of the instant application appears to be one continuous surface; also, a “surface” may be an extent or an area),
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wherein the eyepiece frame includes a second fixing member configured to fix the accessory and provided to an area of outer circumference side surfaces of the eyepiece frame that does not face the at least three outer circumference side surfaces of the elastic member (the portion of (20a) encircled below),
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and wherein the first fixing member and the second fixing member fix the accessory in a case where the accessory is attached to the optical apparatus (FIG. 1, (22) is fixed through (28) and (25), [0021, 0027]).
Regarding claim 2, Tsutsui further discloses the optical apparatus according to claim 1, wherein the accessory includes a first engagement member engageable with the first fixing member and a second engagement member engageable with the second fixing member (indicated below),
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wherein each of the first engagement member and the second engagement member includes a convex portion (FIG. 1, (30), [0021, 0025, 0027]), and wherein each of the first fixing member and the second fixing member includes a groove portion (FIG. 1, (28), (25), [0016, 0019, 0021, 0024, 0025]).
Regarding claim 3, Tsutsui further discloses the optical apparatus according to claim 1, wherein when the optical apparatus is viewed from a back at a normal position, the first fixing member is provided at an upper side, a left side, and a right side of the eyepiece frame (indicated below), and the second fixing member is provided at a lower side of the eyepiece frame (indicated below).
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Regarding claim 4, Tsutsui further discloses the optical apparatus according to claim 1, wherein the accessory includes a first engagement member engageable with the first fixing member, and a second engagement member engageable with the second fixing member (see the illustration in claim 2 above), and wherein in a case where the accessory is attached to the optical apparatus, the first fixing member and the first engagement member are engaged, and then the second fixing member and the second engagement member are engaged (FIG. 1, when (22) is inserted, (30) passes through (28) first and then passes through (25) second, [0016, 0019, 0021, 0024, 0025]; or, when mounting screws are used in place of the protrusions (30), the three screws corresponding to the first engagement member may be screwed in first before the fourth screw corresponding to the second engagement member may be screwed in last, [0027]).
Regarding claim 5, Tsutsui further discloses the optical apparatus according to claim 1, wherein the accessory includes a first engagement member engageable with the first fixing member, and a second engagement member engageable with the second fixing member (see the illustration in claim 2 above), and wherein in a case where the accessory is detached from the optical apparatus, the first fixing member and the first engagement member are disengaged, and then the second fixing member and the second engagement member are disengaged (FIG. 1, when (22) is being detached and in the case that mounting screws are used in place of the protrusions (30), the three screws corresponding to the first engagement member may be unscrewed first before the fourth screw corresponding to the second engagement member may be unscrewed last, [0025, 0027]).
Regarding claim 6, Tsutsui discloses an accessory attachable to and detachable (FIG. 1, (22), [0021, 0022]; mounting screws may be used in place of the protrusions (30), thus, detachable, [0027]) from an optical apparatus (FIG. 5, (1)/(20)/(21), [0011, 0016-0020]) that includes a non-elastic member (FIG. 1, (20), [0016, 0017]) having an eyepiece frame (FIG. 1, (20a), [0016, 0017]), and an eyecup (FIG. 1, (21), [0016-0020]) including an elastic member ((21) is made of material such as styrene elastomer which does not harm eyes when comes in contact, [0020]) and fixed to the eyepiece frame (FIGS. 1, 3, 4), the accessory comprising: a first engagement member (indicated below) engageable with a first fixing member provided on at least three outer circumference side surfaces of the elastic member (the portion of (21c) that corresponds to the encircled portion below, [0019]; NOTE: the “first fixing member” (808) of the instant application appears to be one continuous surface; also, a “surface” may be an extent or an area);
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and a second engagement member (indicated above) engageable with a second fixing member provided to an area of outer circumference side surfaces of the eyepiece frame that does not face the at least three outer circumference side surfaces of the elastic member (the portion of (20a) encircled above).
Regarding claim 7, Tsutsui further discloses the accessory according to claim 6, wherein each of the first and second fixing member includes a groove portion (FIG. 1, (28), (25), [0016, 0019, 0021, 0024, 0025]), and wherein each of the first engagement member and the second engagement member includes a convex portion (FIG. 1, (30), [0021, 0025, 0027]).
Regarding claim 8, Tsutsui further discloses the accessory according to claim 7, wherein the first engagement member has a shape that is continuous in three directions around an outer circumference of the eyecup (the portion of (22) illustrated below has a continuous shape that runs in at least three directions in a region neighboring an outer circumference of (21), FIG. 4).
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Regarding claim 11, Tsutsui further discloses the accessory according to claim 6, wherein while the accessory is attached to the optical apparatus, an engagement amount of the first engagement member is longer than an engagement amount of the second engagement member (as indicated below, the first engagement member is longer than the second engagement member; thus the engagement amount of the first engagement is longer than the engagement amount of the second engagement member).
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Regarding claim 12, Tsutsui discloses a method for attaching an accessory that is attachable to and detachable (FIG. 1, (22), [0021, 0022]; mounting screws may be used in place of the protrusions (30), thus, detachable, [0027]) from an optical apparatus (FIG. 5, (1)/(20)/(21), [0011, 0016-0020]) that includes a non-elastic member (FIG. 1, (20), [0016, 0017]) with an eyepiece frame (FIG. 1, (20a), [0016, 0017]), and an eyecup (FIG. 1, (21), [0016-0020]) fixed to the eyepiece frame and including an elastic member ((21) is made of material such as styrene elastomer which does not harm eyes when comes in contact, [0020]), the accessory including a first engagement member (indicated below) engageable with a first fixing member provided on at least three outer circumference side surfaces of the elastic member (the portion of (21c) that corresponds to the encircled portion below, [0019]; NOTE: the “first fixing member” (808) of the instant application appears to be one continuous surface; also, a “surface” may be an extent or an area),
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and a second engagement member (indicated above) engageable with a second fixing member provided to an area of outer circumference side surfaces of the eyepiece frame that does not face the at least three outer circumference side surfaces of the elastic member (the portion of (20a) encircled above), the method comprising: engaging the first fixing member with the first engagement member; and engaging the second fixing member with the second engagement member (FIG. 1, when (22) is inserted, (30) passes through (28) first and then passes through (25) second, [0016, 0019, 0021, 0024, 0025]; or, when mounting screws are used in place of the protrusions (30), the three screws corresponding to the first engagement member may be screwed in first before the fourth screw corresponding to the second engagement member may be screwed in last, [0027]).
Regarding claim 13, claim 13 is similarly rejected as in claim 12 above, wherein Tsutsui further discloses that the method comprising: disengaging the first fixing member from the first engagement member; and disengaging the second fixing member from the second engagement member (FIG. 1, when (22) is being detached and in the case that mounting screws are used in place of the protrusions (30), the three screws corresponding to the first engagement member may be unscrewed first before the fourth screw corresponding to the second engagement member may be unscrewed last, [0025, 0027]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Asai (JP 2021-124589).
Oki et al. (U.S. Publication No.: 2021/0333687).
Schmidt (U.S. Publication No.: 2010/0111518).
Nakano (U.S. Publication No.: 2008/0186590).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANG-CHI CHANG whose telephone number is (571)270-5299. The examiner can normally be reached MRF 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHANIE BLOSS can be reached at 5712723555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FANG-CHI CHANG/Examiner, Art Unit 2852
/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852
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