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 .
Election/Restrictions
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Applicant's election with traverse of Group 2 (claims 10-20) in the reply filed on 10 August is acknowledged. The traversal is on the ground(s) that:
“According to the MPEP § 803, if the search and examination of claims in an application can be made without serious burden, the examiner must examine those claims on the merits, even though they include claims to independent or distinct inventions. The present application contains only 20 claims. This is a reasonable number of claims to present for examination in an application. The Applicant should have some latitude to include an appropriate number of different points of novelty within the claims to determine to what patent protection the applicant is entitled during examination, particularly when a thorough search for one of the elected alleged inventions would necessarily require a review of prior art relevant to the non-elected inventions.”
This is not found persuasive because in the instant case the product (group 2) as claimed can be used in a materially different process of using the product as and the process of the using the product (Group 1) as clamed can be practiced with another materially different product. Invention I does not require an optic device or a client device, therefore the product as claimed can be used in a materially different process of using the product as and the process of the using the product as clamed can be practiced with another materially different product. Furthermore, applicants should note that invention I will introduce 101 issues. Furthermore, There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different text search queries); and/or the prior art applicable to one invention would not likely be applicable to another invention; and/or the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
The requirement is still deemed proper and is therefore made FINAL.
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 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by York et al (US 10,907, 934) [hereinafter York].
Regarding claims 18 and 20, York discloses an optic device 110, comprising:
an eyepiece having a field of view through one or more lenses (Fig. 1 and 2);
a display element configured to present a graphical user interface viewable through the eyepiece at a position adjacent to or overlaid relative to the field of view (Digital reticle; Fig. 11-12 and 14-18; “displaying a ballistics solution for a set of ranges through selectively lit LEDs according to embodiments of the invention”);
an input element 114 receptive to user input;
a processor 112; and
a memory device comprising computer-executable instructions that, when executed by the processor (“The disclosed aspects may also be implemented as instructions carried by or stored on one or more or computer-readable storage media, which may be read and executed by one or more processors. Such instructions may be referred to as a computer program product. Computer-readable media, as discussed herein, means any media that can be accessed by a computing device. By way of example, and not limitation, computer-readable media may comprise computer storage media and communication media”), cause the optic device to:
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receive multiple zero angle profiles from a client device (Fig. 4a; Col. 4, lines 17-20: “The zero range may be one of the pieces of ballistic data entered into the device 120 running the ballistics solution application 130”…Col. 4, lines 35-39: “At the zero range, the ballistic trajectory 220 and correlated bullet drop have already been calibrated during the zeroing-in process, so that the optical axis 240 intersects the ballistic trajectory 220 at the point of impact 225, as illustrated in FIG. 4A”; Col. 5 lines 58-65: “In addition to the zero range, the ballistics solution application 130 may store environmental conditions present during zeroing-in. For example, the ballistics solution application 130 may store multiple rifle 115 and projectile profiles, for different ammunition, zero ranges, etc.”)
identify a user input via the input element to select one of the zero angle profiles (Col. 4 line 35 – Col. 5, line 6; 4a-4c); and generate, for display in the graphical user interface (Digital reticle; Fig. 11-12 and 14-18; “displaying a ballistics solution for a set of ranges through selectively lit LEDs according to embodiments of the invention”), a ballistic solution according to the selected zero angle profile (Fig. 4a-4c; See Ballistics, Col. 4, line 20 – Col. 6, line 3)
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Allowable Subject Matter
Claims 10-17 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to disclose or render obvious a system, as claimed, specifically in combination with a second optic device communicatively coupled to the client device and comprising :a processor; and a memory device comprising computer-executable instructions that, when executed by the processor, cause the second optic device to: receive, via a network connection to the client device, the ballistic profile and the modified ballistic profile; generate, for display in a graphical user interface, a selection menu comprising the ballistic profile and the modified ballistic profile; identify a first user input selecting the modified ballistic profile from the selection menu; and generate, for display in a graphical user interface, a first ballistic solution according to the modified ballistic profile.
Regarding claim 10, York discloses a system comprising (Title; Abstract):
a first optic device 110 mountable on a firearm (as shown in Fig. 1) and configurable to a mechanical zero setting (“FIG. 1 shows a ballistic aiming system, including a digital reticle riflescope mounted to a rifle and a device running a ballistics solution application according to embodiments of the invention”);
a client device 120 (Fig. 1 and 3; “a computational device 120 running a ballistics solution computer application, or app 130. The computational device 120 may be any computing device capable of running a ballistics solution application, such as a mobile phone, tablet computer, or a specialized ballistics computer, for example. The digital reticle riflescope 110 may be paired to the device 120 running the ballistics solution application 130 over a wireless communications means, such as Bluetooth or WiFi, for example”) comprising:
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a ballistic profile 220 established for the firearm and the first optic device configured at the mechanical zero setting (Fig. 4a; “The zero range may be one of the pieces of ballistic data entered into the device 120 running the ballistics solution application 130…At the zero range, the ballistic trajectory 220 and correlated bullet drop have already been calibrated during the zeroing-in process, so that the optical axis 240 intersects the ballistic trajectory 220 at the point of impact 225, as illustrated in FIG. 4A”); and
a modified ballistic profile (In addition to the zero range, the ballistics solution application 130 may store environmental conditions present during zeroing-in. For example, the ballistics solution application 130 may store multiple rifle 115 and projectile profiles, for different ammunition, zero ranges, etc.”) also established for the firearm and the first optic device configured at the mechanical zero setting, the modified ballistic profile being related to the ballistic profile via at least a point of impact differential (multiple zero ranges); and
a second optic 140 device communicatively coupled to the client device.
York fails to disclose or render obvious a second optic device communicatively coupled to the client device and comprising :a processor; and a memory device comprising computer-executable instructions that, when executed by the processor, cause the second optic device to: receive, via a network connection to the client device, the ballistic profile and the modified ballistic profile; generate, for display in a graphical user interface, a selection menu comprising the ballistic profile and the modified ballistic profile; identify a first user input selecting the modified ballistic profile from the selection menu; and generate, for display in a graphical user interface, a first ballistic solution according to the modified ballistic profile.
Claim 19 is 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.
Regarding claim 19, York further discloses, wherein: the zero angle profiles are configured to generate ballistic solutions for at least one of new environmental conditions, new firearm data, new ammunition data, or a new firearm configuration (“Ballistics information used in a ballistics calculation may include information about a cartridge, projectile, caliber, bullet weight or mass, muzzle velocity, muzzle energy, ballistic coefficient, scope height, and/or drag coefficient, for example. Other ballistics information may include zero range, target ranges, preferred drag curves or models (common examples include G1, G2, G5, G6, G7, G8, or GL), and/or twist rate”).
York fails to disclose or render obvious the ballistic solutions are displayable in terms of custom markings of a pre- configured ballistic turret established according to an original set of zeroing environmental conditions, an original set of firearm data, an original set of ammunition data, and an original firearm configuration.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Troy Chambers can be reached at 571-272-6874. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA E FREEMAN/Primary Examiner, Art Unit 3641
