DETAILED ACTION
Response to Arguments
Applicant's arguments filed 11 February 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments that “independent claim 1 has been amended to clarify the distinguishing features. Claim 1, as amended, requires, inter alia "wherein the gun sight has a second opening configured to facilitate destructive disabling of the locking feature." Support for these amendments can be found in the originally submitted application, for example, original claim 15 and paragraphs [0079]-[0081] of corresponding US Publication 2025/0251219, as well as Figure 2. Kind fails to disclose or suggest these distinguishing features. Applicant respectfully requests that the rejection of claim 1 be reconsidered and withdrawn.” The examiner respectfully disagrees that the claim amendment brings the case into allowance. The amendments to claim 1 fails to further limit the insert.
Amended claim 1 recites the limitation " wherein the gun sight has a second opening configured to facilitate destructive disabling of the locking feature." in lines 5-6. “a second opening" is an added limitation to an unclaimed structure of "the gun sight". The recitation of "a gun sight" occurs in the preamble of claim 1. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). The applicant could overcome the rejection by claiming a gun sight in combination with an insert.
In response to applicants arguments that “independent claim 17 has been amended to clarify the distinguishing features. Claim 17, as amended, requires, inter alia"a locking feature ...inserted ... in the gun sight, [with] ... a locking portion configured to contact a portion of only an interior of the gun sight to secure the insert body in the gun sight." As described throughout the specification, Applicant's claimed locking feature/portion does not extend outside of the gunsight, in contrast to Kind's FIG. 44, which extends through on outer wall to be anchored at the outside of the gun sight housing” the examiner respectfully disagrees.
Regarding claim 17, Kind discloses an insert 3 for a gun sight (Par. 0002: “The invention also relates to a sighting device with a holder for a light source”; Par. 0013), comprising:
an insert body 3 formed to be slidingly received into an opening in the gun sight; and a locking feature fixed to an end of the insert body that is inserted into the opening in the gun sight, the locking feature extending from the end of the insert body and having a locking portion configured to contact only a portion of an interior of the gun sight to secure the insert body in the gun sight (Fig. 42; Par. 0171: “the housing 3 is secured against becoming axially detached from the housing 20 by a snap ring 30. During mounting, a resilient portion of the snap ring 30 is moved against the surface of the housing 3 and in the end position of the housing 3 springs back again into its starting position. In a mounted state, a first periphery of the snap ring lies against a surface area of the housing 20”).
In response to applicants’ arguments that “independent claim 31 has been amended to clarify the distinguishing features. Claim 31, as amended, requires, inter alia "the locking feature configured to secure the insert body in the gun sight without extending through or outside of the insert body." As with claim 17, Applicant's claimed locking feature of amended claim 31 does not extend through or outside of the insert body. Because Kind fails to disclose or suggest these distinguishing features, Applicant respectfully requests that the rejection of claim 31 be reconsidered and withdrawn” the examiner respectfully disagrees. The amendment to claim 31 makes the claim indefinite.
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 31-34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 31 recites the limitation " the locking feature configured to secure the insert body in the gun sight without extending through or outside of the insert body." in lines 4-5. It is unclear what the applicant is trying to claim. The locking feature is understood as a part of the insert body; it is unclear what is meant by the locking feature of the insert body not extending through or outside itself. Applicants should note that claims 32-34 are held as indefinite because of their dependency from claim 31.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-11, 13, 15, 17-18, 21-25, 27, 29, 31, 33 and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kind et al (US 2018/0010886) [hereinafter Kind].
Regarding claim 1, Kind discloses an insert 3 for a gun sight (Par. 0002: “The invention also relates to a sighting device with a holder for a light source”; Par. 0013), comprising:
an insert body 3 configured to be inserted into an opening 20 in the gun sight; and
a locking feature (23, 22 as shown in Fig. 44) fixed to an end of the insert body, the locking feature configured to secure the insert body in the gun sight (Fig. 44; Par. 0173: “On an outer side of the housing 20 that is facing away from the housing 3 of the light source 1 there is arranged a head 23 of the rivet, which supports itself against the outer side of the housing 20 of the holder 19. For mounting, the not yet bent-over head 23 and parts of the shank 22 of the rivet may be pushed through the opening in the housing 20. Then the two housings 20 and 3 may be captively connected to one another by bending over of the head 23”).
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Regarding claim 2, Kind further discloses wherein the locking feature is fixed to the end of the insert body that is inserted into the gun sight (as shown in Fig. 44).
Regarding claim 3, Kind further discloses wherein a portion of the locking feature is configured to engage a portion of an interior of the gun sight to secure the insert body in the gun sight.
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Regarding claim 5, Kind further discloses wherein the locking feature comprises a clearance portion configured to contact a portion of an interior of the gunsight to control an insertion depth of the insert into the gunsight (see annotated fig. 44 above).
Regarding claim 7, Kind further discloses an illuminator recess located in the insert body and configured to receive an illuminator.
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Regarding claim 8, Kind further discloses wherein the illuminator recess is configured to retain the illuminator in the illuminator recess by contact between at least one illuminator retainer connected to the insert body and the illuminator (Par. 0121: “the hollow body 2 and the housing 3 may each have at least one interface for the nondestructively re-releasable, frictionally engaging and/or interlocking connection of the hollow body 2 to the housing 3”).
Regarding claim 9, Kind further discloses wherein the illuminator comprises gaseous tritium to produce illumination (abstract: light source (1), which has a hollow body (2) closed in a gas-tight manner, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits colored light”).
Regarding claim 10, Kind further discloses wherein the illuminator comprises a hollow glass body that is coated with a phosphorescent material on the inner side of the hollow glass body (Par. 0113: “a light source 1 has a hollow body 2 closed in a gas-tight manner, for example a small glass or plastic tube, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits light”).
Regarding claims 11, Kind further discloses wherein the illuminator comprises a body formed from phosphorescent material (Par. 0113: “a light source 1 has a hollow body 2 closed in a gas-tight manner, for example a small glass or plastic tube, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits light”; claim 2: “wherein the housing (3) has on its inner side a highly reflective coating, in particular a mirroring, and/or the hollow body (2) has on its outer side a highly reflective coating, in particular mirroring, facing the interior of the hollow body (2)”; Par. 0011; Abstract).
Applicant should note that something coated with phosphorus is still generally considered to be formed from phosphorus or based on phosphorus, as the coating represents a functional layer applied to the surface to alter its properties
Regarding claim 13, Kind further discloses wherein at least a part of the insert body comprises phosphorescent material (Par. 0113: “a light source 1 has a hollow body 2 closed in a gas-tight manner, for example a small glass or plastic tube, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits light”).
Regarding claim 15, Kind further discloses wherein the locking feature is configured to be destructively disabled by a tool inserted into the gun sight. Applicant should note a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. A tool is capable of destructively disabling the shank/head portion of Kind.
a portion of an interior of the gun sight to secure the insert body in the gun sight (Fig. 44).
Regarding claim 21, Kind further discloses an illuminator recess located in the insert body and configured to receive an illuminator.
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Regarding claim 22, Kind further discloses wherein the illuminator recess is configured to retain the illuminator in the illuminator recess by contact between at least one illuminator retainer connected to the insert body and the illuminator (Par. 0121: “he hollow body 2 and the housing 3 may each have at least one interface for the nondestructively re-releasable, frictionally engaging and/or interlocking connection of the hollow body 2 to the housing 3”).
Regarding claim 23, Kind further discloses wherein the illuminator comprises gaseous tritium to produce illumination (abstract: light source (1), which has a hollow body (2) closed in a gas-tight manner, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits colored light”).
Regarding claim 24, Kind further discloses wherein the illuminator comprises a hollow glass body that is coated with a phosphorescent material on the inner side of the hollow glass body (Par. 0113: “a light source 1 has a hollow body 2 closed in a gas-tight manner, for example a small glass or plastic tube, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits light”).
Regarding claim 25, Kind further discloses wherein the illuminator comprises a body formed from phosphorescent material (Par. 0113: “a light source 1 has a hollow body 2 closed in a gas-tight manner, for example a small glass or plastic tube, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits light”; claim 2: “wherein the housing (3) has on its inner side a highly reflective coating, in particular a mirroring, and/or the hollow body (2) has on its outer side a highly reflective coating, in particular mirroring, facing the interior of the hollow body (2)”; Par. 0011; Abstract).
Applicant should note that something coated with phosphorus is still generally considered to be formed from phosphorus or based on phosphorus, as the coating represents a functional layer applied to the surface to alter its properties.
Regarding claim 27, Kind further discloses wherein at least a part of the insert body comprises phosphorescent material (Par. 0113: “a light source 1 has a hollow body 2 closed in a gas-tight manner, for example a small glass or plastic tube, which is coated on at least one inner side with a phosphor and is filled with gaseous tritium and emits light”).
Regarding claim 29, Kind further discloses wherein the locking feature is configured to be destructively disabled by a tool inserted into the gun sight. Applicant should note a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. A tool is capable of destructively disabling the shank/head portion of Kind.
Regarding claim 31, Kind discloses a method of manufacturing an insert for a gun sight, comprising: forming an insert body 3; and forming a locking feature 23/22 fixed to an end of the insert body and extending away from the end of the insert body, the locking feature configured to secure the insert body in the gun sight (Fig. 44) without extending through or outside of the insert body. Applicant should note that the locking feature does not extend through or outside the insert body, but is a unitary structure of the insert body.
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Regarding claim 33, Kind further discloses forming an illuminator recess in the insert body that is configured to receive an illuminator, wherein the illuminator recess is configured to retain the illuminator in the illuminator recess by contact between at least one illuminator retainer of the insert body and the illuminator (illuminator (Par. 0121: “the hollow body 2 and the housing 3 may each have at least one interface for the nondestructively re-releasable, frictionally engaging and/or interlocking connection of the hollow body 2 to the housing 3”).
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Regarding claim 34, Kind further discloses coating the illuminator with a coating configured to provide illumination in the absence of ambient light; (claim 2: “wherein the housing (3) has on its inner side a highly reflective coating, in particular a mirroring, and/or the hollow body (2) has on its outer side a highly reflective coating, in particular mirroring, facing the interior of the hollow body (2)”; Par. 0011; Abstract).
Regarding claim 1, Kind discloses an insert 3 for a gun sight (Par. 0002: “The invention also relates to a sighting device with a holder for a light source”; Par. 0013), comprising:
an insert body 3 configured to be inserted into an opening in the gun sight; and a locking feature fixed 30 to an end of the insert body, the locking feature configured to secure the insert body in the gun sight (Fig. 42; Par. 0171: “the housing 3 is secured against becoming axially detached from the housing 20 by a snap ring 30. During mounting, a resilient portion of the snap ring 30 is moved against the surface of the housing 3 and in the end position of the housing 3 springs back again into its starting position. In a mounted state, a first periphery of the snap ring lies against a surface area of the housing 20”). Applicant should note that this is a separate embodiment then rejected above.
Regarding claim 4, Kind further discloses wherein a portion of the locking feature is configured to move towards the insert body during insertion of the insert into the gun sight (Fig. 42; Par. 0171: “the housing 3 is secured against becoming axially detached from the housing 20 by a snap ring 30. During mounting, a resilient portion of the snap ring 30 is moved against the surface of the housing 3 and in the end position of the housing 3 springs back again into its starting position. In a mounted state, a first periphery of the snap ring lies against a surface area of the housing 20”).
Regarding claim 17, Kind discloses an insert 3 for a gun sight (Par. 0002: “The invention also relates to a sighting device with a holder for a light source”; Par. 0013), comprising:
an insert body 3 formed to be slidingly received into an opening in the gun sight; and a locking feature fixed to an end of the insert body that is inserted into the opening in the gun sight, the locking feature extending from the end of the insert body and having a locking portion configured to contact a portion of an interior of the gun sight to secure the insert body in the gun sight (Fig. 42; Par. 0171: “the housing 3 is secured against becoming axially detached from the housing 20 by a snap ring 30. During mounting, a resilient portion of the snap ring 30 is moved against the surface of the housing 3 and in the end position of the housing 3 springs back again into its starting position. In a mounted state, a first periphery of the snap ring lies against a surface area of the housing 20”).
Regarding claim 18, Kind further discloses wherein the locking portion extends in a second direction perpendicular to a direction extending between the end of the insert body that is inserted into the opening and a second opposite end of the insert body, the locking portion formed to elastically deform towards the insert body during insertion of the insert into the gun sight (Fig. 42; Par. 0171: “the housing 3 is secured against becoming axially detached from the housing 20 by a snap ring 30. During mounting, a resilient portion of the snap ring 30 is moved against the surface of the housing 3 and in the end position of the housing 3 springs back again into its starting position. In a mounted state, a first periphery of the snap ring lies against a surface area of the housing 20”). .
Claim Rejections - 35 USC § 103
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 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.
Claims 12 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Kind in view of Bar-Yona et al (US 2007/0107292) [hereinafter Bar-Yona].
Regarding claims 12 and 26, Kind fails to disclose wherein the illuminator comprises a light source and a power source operatively connected to the light source, the light source configured to use the power source to provide illumination.
Bar-Yona teaches that it is known in the art of inserts for sighting devices to provide an illuminator with a light source (Par. 0040: “Electroluminescent layer 57 comprises two printed transparent colors, a green spot 59 and a red background 58, surrounding that spot and has two metal spring electrical contacts 56”) and
a power source operatively connected to the light source (Par. 0040: A cylindrical battery 54 having additional metal spring electrical contact 56, is also inserted into the sleeve 50”), the light source configured to use the power source to provide illumination (Par. 0041: battery 54 will provide power to layer 58, such that spot 59 and red background 58 are sufficiently illuminated).
Applicant should note that "when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield predictable results." KSR at 1395 (citing United States v. Adams 383 US 39, 50-51 (1966)).
It would have been obvious to one of ordinary skill in the art at the time of invention to have modified Kind such that the illuminator was a light source and a power source operatively connected to the light source, the light source configured to use the power source to provide illumination, in view of Bar-Yona, because the substitution of one known illuminator for another would have yielded predictable results to one of ordinary skill in the art at the time of invention. The replacement would be expected to ensure the perceptibility of a sight at night.
Allowable Subject Matter
Claims 6, 14 and 35 are allowed.
Claims 16, 19-20, 28, 30, 32 and 35 are objected to 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, The prior art of record fails to disclose or render obvious a stem portion fixed to the end of the insert body specifically in combination with a first locking 114 portion fixed to an end of the stem portion 112 opposite the insert body, the first locking portion extending away from the insert body and configured to engage a portion of an interior of the gun sight to secure the insert body in the gun sight (as seen in Fig. 2); a second locking 114 portion fixed to the end of the stem 112 opposite the insert body, the second locking portion extending away from the insert body and configured to engage a second portion of the interior of the gun sight to secure the insert body in the gun sight (as seen in Fig. 2); and a clearance portion 116 fixed to one of the first locking portion or the second locking portion, the clearance portion configured to contact a third portion of the interior of the gunsight to control an insertion depth of the insert into the gunsight (as seen in Fig. 2).
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Regarding claim 14 wherein the illuminator recess is configured to receive the illuminator in a radial direction with respect to the insert body.
The claimed invention providing an illuminator recess 106 that is formed as a partially open cylindrical recess that allows illuminator 120 to be inserted in a radial direction with respect to the cylindrical shape. That is to say, illuminator 120 is inserted in a direction perpendicular to the axis of cylindrical illuminator recess 106.
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Regarding claim 35, the prior art of record fails to disclose or render obvious a method of securing and removing an illuminator insert in a gun sight allowing the locking feature to engage with a portion of an interior of the gun sight to secure the insert body into the gun sight and disabling the locking feature by using a tool inserted through a second opening in the gun sight to enable removal of the illuminator.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA E FREEMAN whose telephone number is (303)297-4269. The examiner can normally be reached 9AM - 5PM MST M-F.
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/JOSHUA E FREEMAN/Primary Examiner, Art Unit 3641