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 .
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 9-20 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 all of the claims, “miniaturized aiming device” is vague and indefinite. The term “miniaturized” is unclear because it is a relative term without any proper means of comparison in the claims. While Applicant attempts a sort of definition (i.e. miniaturization “occurs” when certain conditions are met) on page 16 of the Specification, this disclosure still leaves the claim language indefinite. The “conditions” listed are unclear because they include indefinite comparisons, i.e. “standard”, “tactical or practical disadvantage”, “increased situational awareness”. Also, they have a comparison to an unspecified element (i.e. requiring that “they may be housed so that nothing hangs over any edges of the aiming device” but fails to specify any particular aiming device). This is also unclear because the claims are to an aiming device that are mount on an aimed device. And finally, the first listed condition, “small enough so that … simultaneously with one eye” is so broad, it is difficult to imagine any relevant structure which would not in some circumstance fulfill the requirement.
In claim 13, “positioned as a front sight on any firearm” is vague and indefinite. It is unclear because the parent claim has the MAD positioned on an aimed device, and it is not clear that the firearm is the same element as the aimed device.
In claim 14, “positioned as a rear sight on any firearm” is vague and indefinite. It is unclear because the parent claim has the MAD positioned on an aimed device, and it is not clear that the firearm is the same element as the aimed device.
In claim 15, “positioned as a sight on any a manually aimed device” is vague and indefinite. It is unclear because the parent claim has the MAD positioned on an aimed device, and it is not clear that the manually aimed device is the same element as the earlier aimed device.
In claim 18, “looking at or peering through the miniaturized aiming device” is vague and alternative. These are different limitations and it is not clear when or how it is decided to perform which of the two method steps.
In claim 19, “activating a trigger mechanism on the miniaturized aiming device” is unclear and has no antecedent basis in the claims. It is not clear how a trigger on the aiming device would operate nor what it’s function would be. It is possible Applicant was attempting to claim activation of a trigger device on the aimed device because the Specification also does not seem to support this limitation.
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 9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Sheets, Jr. (2024/0110766, hereafter “Sheets”).
Sheets discloses a method for deploying a miniaturized aiming device and a kit for assembling a miniaturized aiming device. The method comprises providing an aiming device (reflex sight 10); and positioning and securing the aiming device on an aimed device (firearm 550). The aiming device is disclosed as being a reflex sight (paragraph 88) and a holographic sight (paragraph 86). It is also disclosed as being mounted as a front sight or a rear sight (paragraph 85) and the firearm is disclosed as being any firearm including a long gun or a sidearm (paragraph 83, e.g. rifle, pistol).
As noted in the 112 rejection above, the term “miniaturized” is vague and indefinite and the disclosed aiming device of Sheets is considered “miniaturized” at least in the sense that it is relatively small (i.e. compared to many large aiming systems such as high powered telescopic sights), fits on handheld firearms, and is easily usable by viewing the reticle and target (paragraph 88).
Sheets inherently discloses the kit comprising merely all the different elements of the disclosed aiming device. It is inherent that the elements were unassembled components at one time after their manufacture and before being assembled into a working structure and in fact is shown as separate parts in Figures 11 and 12.
Claims 9, 10, and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Orlob (2014/0250758).
Orlob discloses a method for deploying a miniaturized aiming device and a kit for assembling a miniaturized aiming device. The method comprises providing an aiming device (16 and front post sight, Figures 2 and 4); and positioning and securing the aiming device on an aimed device (firearm 550). The aiming device is disclosed as being an occluded sight (paragraph 15, occlude 34). It is also disclosed as being mounted as a front sight and a rear sight (Figures 2 and 4) and the firearm is disclosed as being a pistol 10 or rifle (paragraph 15).
As noted in the 112 rejection above, the term “miniaturized” is vague and indefinite and the disclosed aiming device of Orlob is considered “miniaturized” at least in the sense that it is relatively small (i.e. compared to many large aiming systems such as high powered telescopic sights), fits on handheld firearms, and is easily usable by viewing the rear sight, front sight, and target simultaneously.
Orlob inherently discloses the kit comprising merely all the different elements of the disclosed aiming device. It is inherent that the elements were unassembled components at one time after their manufacture and before being assembled into a working structure.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cox et al, Houde-Walter, Grace, and Campean are cited as being of interest since they disclose small sights.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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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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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE
