DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . It is responsive to the submission dated 03/25/2025. Claims 1-23 are presented for examination. Claims 1 and 18 are independent claims.
Information Disclosure Statement
2. The information disclosure statements (IDSs) submitted on 03/25/2025 are in compliance with the provisions of 37 CFR 1.97 and are being considered by the Examiner.
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 1-23 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.
In claims 1 and 18, the limitation reciting “processing module being configured to generate and/or select information to be displayed on the display module” renders the claim indefinite because from the phrase "and/or" it is not clear as to which of "and" or "or" such a phrase is meant to signify. The only definiteness brought out by such a term is the fact that the term cannot mean both "and" and "or" together. To process and select the information, it needs to be first generated and displayed so as to make the selection possible. Thus, the selecting of information to be displayed would be redundant. As such, the claims therefore do not particularly point out and distinctly claim the subject matter which Applicant regards as the invention.
Claims 1 and 18 are also indefinite, because from the cited limitation “a guidance module for generating a guidance signal at least one characteristic of which is dependent on the difference calculated by the comparison module” there isn’t sufficient antecedent basis for different characteristics of the guidance signal associated with the comparison difference between the celestial coordinates previously calculated. As such, the limitation fails to limit the claims.
In reference to claim 17, the term "and/or" in itself renders the claim indefinite, since it is not clear as to which of "and" or "or" such a phrase is meant to signify. The only definiteness brought out by such a term is the fact that the term cannot mean both "and" and "or" together. Also, there is insufficient antecedent basis in the claim for the “at least one characteristic” of an audible signal and/or a visual signal and/or a vibratory signal. As such, the claims therefore do not particularly point out and distinctly claim the subject matter which Applicant regards as the invention.
The term “and/or” in claims 19-20 and 22 renders the claims vague and indefinite.
Claim 20 is indefinite because it is unclear as to what is being encompassed by “automatically selecting in the database one or more celestial objects the equatorial celestial coordinates”.
In claim 21, there is insufficient antecedent basis for the limitation reciting: “….at least one characteristic” of the generated guidance signal.
The phrase “statically display” as cited in claim 22 renders the claim vague and indefinite for failing to point out and particularly point out and distinctly claim the subject matter which Applicant regards as the invention.
The claims not specifically cited in this rejection are rejected as being dependent upon their rejected base claims.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1-3, 8, 13-16, 18, 20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ezio (IT202100013925 A1) in view of Crockett et al. (US 20070283583).
Considering claim 1, Ezio discloses a device for assisting location determination of celestial objects (e.g., an electronic system for the search of celestial or astronomical objects. See INVENTION TECHNICAL FIELD section of Ezio), comprising:
- binoculars comprising an optical system and a display module installed so as to display information in an image plane of said optical system (e.g., Ezio discloses The electronic system 1 for the search or rather for the observation of celestial or astronomical objects in the sky or sky vault includes means of observation 2 of the sky or sky vault, at least one computerized device 3 comprising at least one 3a software application having at least one graphical interface or 3b GUI, preferably including a screen, intended for the visualization or digital representation of the sky or sky vault or sky sphere. See para. 36), said binoculars being equipped with at least one combination of sensors configured to measure horizontal coordinates of a celestial observation region (e.g., Ezio discloses: The electronic system 1 for the observation of celestial or astronomical objects in the sky vault includes means of observation 2 of the sky… processing and control means 5 as well as measuring means 6 to measure directional values.. using altazimuth coordinates. See paras. 36-39. See also paras. 100The means of observation 2 of the sky or sky vault may include any telescope with an altazimuth frame…, or even any binoculars. See para. 47), said combination of sensors comprising: at least one magnetometer, an accelerometer, and a gyroscope (e.g., the instrumentation at the focus of the telescope or binoculars includes the photometer or spectrometer. See para. 50, In particular, measuring media 6 may preferably include at least one magnetometer 6a for the measurement of the orientation of the means of observation 2 and/or at least one accelerometer 6b for the measurement of the change of position of the means of observation 2 and/or at least one gyroscope 6c for the measurement of the change of orientation and/or rotation of the means of observation 2. See para. 58. See also para. 100);
- a geolocation module for determining position, [date,] and observation-time data (e.g., the combination of accelerometer 6b, gyroscope 6c and magnetometer 6a allows a fast and precise determination of the position and orientation of a specific observation point with a low drift over time. See para. 67…. The measurement of the position and orientation of the telescope with respect to a specific observation point is on the celestial vault is measured in real time for each sampling time, in order to locate a desired astronomical object more precisely. See para. 108);
- processing module for determining equatorial celestial coordinates of the celestial observation region using the measurements from the combination of sensors and the data from the geolocation module, said processing module being configured to generate and/or select information to be displayed on the display module (e.g., Ezio discloses with a reference system using altazimuth coordinates, the accelerometer 6b is useful for calculating the change in height or position of the specific observation point, the gyroscope 6c is useful for determining the change in azimuth or orientation of that point, while the magnetometer 6a is useful for determining the azimuth or absolute orientation in the NESW plane in a non-inertial situation of the specific observation point.. See para. 65, wherein the equatorial celestial coordinates correspond with the determined the azimuth or absolute orientation in the NESW plane. Further, Ezio discloses: After receiving the one or more position values P1, P2, ?, PN and the one or more orientation values O1, O2, ?, ON associated with or of the means of observation 2, the 3a software application of the computerized device 3 or pi? in particular the graphical interface or GUI 3b of the same, ? capable of displaying the point or zone of direction of the means of observation 2 related to the position and the orientation associated with the means of observation 2. Ci? can be obtained by displaying on the 3b GUI or on a respective screen a symbol, such as a circle, a square and/or a term or a phrase or other, representative of the point or zone of direction of the means of observation 2……. it is then possible to display and/or follow in real time the movement of the means of observation 2 on the graphical interface or GUI 3b. see paras. 71-73);
- a database (3C) containing equatorial celestial coordinates of selectable celestial objects (see para. 88); and
- a user interface (3C) for selecting a celestial object in the database (see paras. 89 and 95).
Ezio fails to teach a geolocation module for determining [position,] date[, and observation-time data]; a comparison module for calculating a difference between the equatorial celestial coordinates determined by the processing module and the celestial coordinates of the celestial object selected; and a guidance module for generating a guidance signal at least one characteristic of which is dependent on the difference calculated by the comparison module.
Crockett, in a similar art, discloses a geolocation module for determining [position,] date[, and observation-time data] (e.g., a celestial object locating device device 10 may identify object 62 and thereby identify the date and or time at the user's location. See para. 41 and also para. 37); a comparison module for calculating a difference between the equatorial celestial coordinates determined by the processing module and the celestial coordinates of the celestial object selected (e.g., Crockett discloses: Celestial object locating device 10 of FIG. 2 includes viewing axis 30 extending through the generally cylindrical housing 15. A user may calibrate celestial object locating device 10 by sequentially aligning viewing axis 30 with two or more reference objects such as stars 31, 32 and or 33 as shown. Orientation sensors on or in housing 15 will detect the orientation of celestial object locating device 10 relative to the earth and calculate the angular separation between the reference objects sighted and compare the reference angles to angular separations between known stars to determine the orientation of the celestial sphere relative to the user. Because the axis of the celestial sphere is collinear with the axis of the earth, the orientation of the celestial sphere may be stored as an orientation angle, or the rotational angle of any suitable reference on the celestial sphere relative to the users position on the earth. See paras. 22-23, wherein the celestial coordinates correspond to the position and orientation of the celestial object relative to the axis of the earth); and a guidance module for generating a guidance signal at least one characteristic of which is dependent on the difference calculated by the comparison module (for example Crockett discloses: if the user sights an object (Jupiter) high in the sky within the band of the ecliptic, it will not match a star in the database. The device will then assume that the object is a planet and calculate from the object location relative to the celestial sphere to determine if the coordinates of the object are consistent with a single unambiguous possible position of Mars, Jupiter, Saturn and at what pre-calculated date and or time during that epoch the matching planet would be found on the sensed viewing angle, or on the corresponding horizon or celestial coordinates. If device 10 finds a match, it may set the system to the calculated date and or time, and on that basis device 10 could find other planets or solar system objects. Thus, the time variable positions of solar objects relative to celestial coordinates, and the typically unambiguous wide angular distance between the planets, may be used to determine the date and or local time from any one of the visible planets…. By comparing the planetary data of unknown object 62 to the calibrated celestial sphere, device 10 may identify … other planets and other objects not fixed in celestial coordinates. See paras. 40-41).
Accordingly, it would have been obvious to one of the ordinary skilled in the art, before the effective filling date of the invention was made, to have modified the teachings of Ezio to include a geolocation module for determining position, date, and observation-time data]; a comparison module for calculating a difference between the equatorial celestial coordinates determined by the processing module and the celestial coordinates of the celestial object selected; and a guidance module for generating a guidance signal at least one characteristic of which is dependent on the difference calculated by the comparison module, in the same conventional manner as taught Crockett; in order to permit the celestial object locating device to compensate for the rotation of the earth; and generate an altitude date to be used to determine the angle between the viewing axis and a line from the center of device 10 and the center of mass of the earth. See paras. 19-20 of Crockett.
As per claim 2, Ezio discloses the combination of sensors comprises at least two magnetometers. See para. 100.
As per claim 3, Ezio discloses the binoculars are equipped with several combinations of sensors. See paras. 100 and 50.
As per claim 8, Ezio discloses the display module is a screen installed in the image plane so as to only partly obstruct the image of the celestial observation region observed through an eyepiece of the optical system (e.g., the software application in the GUI makes it possible to view on a respective screen, even such a celestial or astronomical object, so as to facilitate the aiming or directing of observation vehicles 2 towards the celestial or astronomical object. See para. 41).
As per claim 13, Ezio discloses the sensors are housed in a housing designed to be mounted on the binoculars. See paras. 47-50.
As per claim 14, Ezio discloses the geolocation module, the processing module, the comparison module, and the guidance module are integrated in a smartphone or a tablet. See paras. 52 and 77-78.
As per claim 15, Ezio discloses the sensors, the geolocation module, the processing module, the comparison module, and the guidance module are integrated in the binoculars. See paras. 54-62 and 100-101.
As per claim 16, Ezio discloses the sensors, the processing module, the comparison module and the guidance module are integrated in the binoculars (see paras. 54-62 and 80-81), and the geolocation module is integrated in a smartphone or tablet (see paras. 77-78 and 100-102).
The invention of claim 18 contains features that correspond in scope with the limitations recited claim 1. As the limitations of claim 1 were found obvious over the combined teachings of Ezio and Crockett, it is readily apparent that the applied prior arts perform the underlying elements. As such, the limitations of claim 18 are, therefore, subject to rejections under the same rationale as claim 1.
As per claim 20, Ezio discloses automatically selecting in the database one or more celestial objects the equatorial celestial coordinates of which correspond to those determined at step c) (see paras. 88-89 and 95);
generating and/or selecting information on said celestial object or objects selected (see paras. 88-89); and displaying said information on the display module (see para. 95).
The subject-matter of independent claim 23 corresponds in terms of a computer readable medium to that of independent method claim 1, and the rationale raised above to reject the later also apply, mutatis mutandis, to the former.
7. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ezio (IT202100013925 A1) in view of Crockett et al. (US 20070283583) and further in view of Hamilton et al. (US 20230050967).
Considering claim 9, Ezio and Crocket fail to teach a display as a semi-reflective screen installed in the image plane so that the information displayed is superimposed on the image of the celestial observation region observed through an eyepiece of the optical system, which is disclosed by Hamilton. See paragraphs 696 and 703-704 of Hamilton.
Accordingly, it would have been obvious to one of the ordinary skilled in the art, before the effective filling date of the invention was made, to have modified the teachings of Ezio and Crocket to include a display including a semi-reflective screen, in the same conventional manner as Hamilton; in order to provide a display with a reflective material that directs the generated image to the beam combiner where the generated image and the target image from the objective lens system are combined into the first focal plane for simultaneous overlay viewing of the generated image and image of the outward scene. See para. 704 of Hamilton.
As per claim 10, Hamilton, as modified by Ezio and Crockett, discloses the display module is a screen projecting a digital image of the information in the direction of a semi-reflective plate, said plate being arranged in the optical system so that said digital image is superimposed on the image of the celestial observation region observed through an eyepiece of said optical system. See paras. 702-703 of Hamilton and the claim 9 rejections above for reason of obviousness.
Allowable Subject Matter
8. Claims 4-7, 11-12, 17 and 214-15 are objected to as being dependent upon a rejected base claim but, upon resolution of the indefiniteness issues raised above, would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, because the prior arts of record fail to teach the
device according to claim 2, wherein the measurements from the combination of sensors used for determining the equatorial celestial coordinates of the celestial observation region comprise the mean or the median of the magnetometer measurements (as recited in claim 4); and the device according to claim 3, wherein the measurements from the combinations of sensors used for determining the equatorial celestial coordinates of the celestial observation region comprise a mean or median of the magnetometer measurements (as recited in claim 5).
The prior art of record fail to teach the device according to claim 1, wherein the processing module is configured to take a mean or median of the real-time measurements of the combination of sensors to determine the equatorial celestial coordinates of the celestial observation region (as recited in claim 6); and further configured to: a) receive measurements from the magnetometer; b) access a world magnetic model representing the terrestrial magnetic field; c) apply corrections to the measurements from the magnetometer on the basis of the information obtained from the world magnetic model to calculate corrected measurements; and d) use the corrected measurements to determine the equatorial celestial coordinates of the celestial observation region (as recited in claim 7), wherein the guidance module is configured to generate the guidance signal if the difference calculated is less than or equal to a first predetermined threshold value (as recited in claim 11), to cease the generation of the guidance signal when the difference calculated by the comparison module remains below or equal to a second predetermined threshold value during a predetermined period (as recited in claim 12),and to generate an audible signal and/or a visual signal and/or a vibratory signal at least one characteristic of which is amplified when the difference calculated by the comparison module decreases (as recited in claim 17).
The prior art of record fail to teach the method according to claim 18, further comprising the following steps: c') determining geographical coordinates of a terrestrial region using the measurements from the combination of sensors and the data determined at step b); d') selecting a terrestrial reference point in a database containing selectable terrestrial reference points associated with geographical coordinates; e') calculating a difference between the geographical coordinates determined at step c') and the geographical coordinates of the terrestrial reference point selected; and f) generating a guidance signal at least one characteristic of which is dependent on the difference calculated at step e') (as recited in claim 21); and further comprising the following calibration steps:- selecting a celestial object in a database containing celestial objects associated with equatorial celestial coordinates, said selected object having equatorial celestial coordinates corresponding to the equatorial celestial coordinates of the celestial observation region determined at step c); displaying, on the display module, a digital image representing the celestial object selected, so that said digital image is perceived through an eyepiece of said binoculars; fixing the digital image so that said image is displayed statically on the display module; manually adjusting the binoculars to align the real image of the celestial object perceived through the eyepiece of said binoculars and the digital image; and finalizing the calibration as soon as the two images are superimposed and/or coincide (as recited in claim 22).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Qiu (US 20180210062) discloses A polar axis calibration system (100) comprises: a polar scope (10), a polar axis calibration control device (20) and a display device (30). The polar scope comprises an optical lens (11) and an image sensor (12) for collecting constellation images (IM); the polar axis calibration control device receives the constellation images from the polar scope and determines the position (P1) of the rotation center of the polar axis and the celestial pole position (P2), the position of the rotation center of the polar axis means the position of the rotation center (R0) of the polar axis (510) of the equatorial instrument in the plane of the constellation image, and the celestial pole position means the position of the celestial pole in the plane of the constellation image; and the display device is coupled to the polar axis calibration control device and used to display the constellation image, the celestial pole position and the position of the rotation center of the polar axis. The present invention also provides a polar scope, a polar axis calibration control device, as well as an equatorial instrument (500) and an astronomical telescope comprising the aforesaid polar scope or polar axis calibration system. According to the present disclosure, it is possible to align the celestial pole position directly with the rotation center of the polar axis, thus improving the calibration accuracy. Furthermore, it is possible to lower the requirements for the installation accuracy of the polar scope.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESNER SAJOUS whose telephone number is (571)272-7791. The examiner can normally be reached on M-F 10:00 TO 7:30 (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Said Broome can be reached on 571-272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WESNER SAJOUS/Primary Examiner, Art Unit 2612
WS
08/18/2026
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