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 Rejections - 35 USC § 102
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, 4-8, 10-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Castaneda et al. (US 2023/0228525), hereinafter (“Castaneda”).
Re claims 1 and 4-7, Castaneda discloses an apparatus implementable on a firearm, comprising: a reflex sight (100) comprising a single light source (160) configured to display each reticle of multiple reticles (Figs 8A and 8B, for example) one at a time, wherein: the multiple reticles comprise a first reticle and a second reticle; a first impact point of the first reticle is situated or positioned at a first and center position; a second impact point of the second reticle is situated or positioned at a second and lower position which is below the first and center position of the first impact point of the first reticle; the reflex sight further comprises a switch that, when activated, switches the single light source from displaying the first reticle to displaying the second reticle; and changing between the first reticle and the second reticle re-positions an aiming point from the first and center position to the second and lower position, or from the second and lower position to the first and center position, to accommodate a shift in a line-of-sight associated with a change in magnification (the device in Castaneda is capable of performing this function; see, for example, Figs 8A and 8B, and p. [0029] discussing changing to user selected reticles when a magnifier is placed in front of the reflex sight).
Re claims 8 and 10-13, Castaneda discloses an apparatus implementable on a firearm, comprising: a reflex sight (100) comprising a single light source (160) configured to display each reticle of multiple reticles (Figs 8A and 8B, for example) one at a time, the reflex sight further comprising a switch (Fig 6) configured to, when activated, switch the single light source from displaying the first reticle to displaying the second reticle, wherein: a first impact point of the first reticle is situated or positioned at a first and center position; and a second impact point of the second reticle is situated or positioned at a second and lower position which is below the first and center position of the first impact point of the first reticle; and changing between the first reticle and the second reticle re-positions an aiming point from the first and center position to the second and lower position, or from the second and lower position to the first and center position, to accommodate a shift in a line-of-sight associated with a change in magnification (the device in Castaneda is capable of performing this function; see, for example, Figs 8A and 8B, and p. [0029] discussing changing to user selected reticles when a magnifier is placed in front of the reflex sight).
Re claims 14, 15, and 17-20, Castaneda discloses a method of operation of a reflex sight installed on a firearm, comprising: displaying a first reticle (Fig 8A) by a single light source (160) of a reflex sight; and switching (Fig 6) the single light source to display a second reticle different from displaying the first reticle responsive to a switch of the reflex sight being activated due to an optics (200) being installed on the firearm, wherein: a first impact point of the first reticle is situated or positioned at a first and center position; a second impact point of the second reticle is situated or positioned at a second and lower position which is below the first and center position of the first impact point of the first reticle; and changing between the first reticle and the second reticle re-positions an aiming point from the first and center position to the second and lower position, or from the second and lower position to the first and center position, to accommodate a shift in a line-of-sight associated with a change in magnification (the device in Castaneda is capable of performing this function; see, for example, Figs 8A and 8B, and p. [0029] discussing changing to user selected reticles when a magnifier is placed in front of the reflex sight).
Response to Arguments
Applicant's arguments filed 7-31-26 have been fully considered but they are not persuasive. Applicant argues that the examiner’s reference to Castaneda does not disclose applicant’s invention; the examiner disagrees. Castaneda clearly shows an apparatus capable of performing as claimed (see rejections above).
Conclusion
THIS ACTION IS MADE FINAL. 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 REGINALD S TILLMAN, JR whose telephone number is (571)270-7010. The examiner can normally be reached M-F 830-530.
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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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/REGINALD S TILLMAN, JR/Primary Examiner, Art Unit 3641
