Office Action Predictor
Application No. 18/052,389

ADJUSTABLE STOP FOR AN OPTICAL BEAM PATH

Non-Final OA §103§112
Filed
Nov 03, 2022
Examiner
WASHINGTON, TAMARA Y
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carl Zeiss Microscopy GMBH
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
91%
With Interview

Examiner Intelligence

81%
Career Allow Rate
463 granted / 569 resolved
Without
With
+9.2%
Interview Lift
avg trend
2y 9m
Avg Prosecution
54 pending
623
Total Applications
career history

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
41.5%
+1.5% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 11/03/2022. An initialed copy is attached to this Office Action. Response to Amendment The cancellation of Claim(s) 1-15 and the addition of claims 16-32, filed 11/03/2022, are acknowledged and accepted. 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. Claims 16-32 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 16 – line 13, Claim 29 – line 15, Claim 31 – lines 13, 20 and 23, all state the limitation “and/or”. This limitation needs further clarification if it will be “and” or “or”. For examination purposes, “and/or” will be taken as “or”. Claims 17-28 depend from Claim 16, claim 30 depends from claim 29, and claim 32 depends from claim 31 and all inherit the deficiencies thereof. Claim 23 states the limitation “in each case”. The term “in each case” in claim 23 is a relative term which renders the claim indefinite. The term “in each case” is not defined by the claim, the Specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, “in each case” will be taken as “in each segment”. Claim 24 recites the limitation “the rotational movement” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the rotational movement” will be taken as “a rotational movement”. Claim 32 states the limitation “step element”. The term “step element” in claim 32 is a relative term which renders the claim indefinite. The term “step element” is not defined by the claim, the Specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, “step element” will be taken as “element”. 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. Claim(s) 16-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al., (hereafter Hu) (US 2022/0244785 A1) in further view of Alfredsson et al., (hereafter Alfredsson) (US 3,715,965), as best understood. With respect to Claim 16, Hu teaches an adjustable stop for an optical beam path, the adjustable stop comprising: a plurality of stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), each stop element being movable (movably connected, ¶[0179]) in a stop plane (z, x, y planes – see Figure 22B) that extends laterally from a through axis (3-1500/z-axis, Figure 22B) of the adjustable stop (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), wherein portions of a periphery (3-1114, 3-1115, Figure 23C) of each stop element (each of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) delimit an aperture (size of opening controls to adjust the size of the aperture, ¶[0182]) around the through axis (3-1500/z-axis, Figure 22B) based on a respective current set position (position sensor 3-1166 sets the position, Figure 22B; see also ¶[0168]) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B); and one or more drives (3-1150, drives movable portion 3-1120, ¶[0167]) configured for setting the respective current set position (3-1166, Figure 22B) of each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), wherein each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) is rotatable about an axis (3-1500/z-axis, Figure 22B) of rotation aligned substantially parallel to the through axis (3-1500/z-axis, Figure 22B); wherein each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) has a number of differently shaped (see Figure 22B) peripheral segments (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) so that the current set position (3-1166, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) configured to be selected to set a selected size (size of the opening may be controlled to adjust the size of the aperture (¶[0181]) and/or shape of the aperture (aperture, ¶[0182]), such that a desired peripheral segment (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) forms a portion of the delimitation (recesses, ¶[0182]) of the aperture (aperture, ¶[0182]). Hu fails to teach wherein each stop element is embodied in the form of a cam disk or of a sector of a cam disk, wherein the peripheral segments of the stop elements include a chamfer; and wherein a radial distance of the peripheral segments of a stop element increases over an angular range of the stop element toward the axis of rotation. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein each stop element (25, Figure 2) is embodied in the form of a cam disk (25 is a cam disc, Figure 2) or of a sector of a cam disk; wherein the peripheral segments (outer area of 25, Figure 2) of the stop elements include a chamfer (outer area of 25 includes a chamfer, Figure 2), and wherein a radial distance (smallest and greatest radius, column 4, lines 33-37 and lines 50-55) of the peripheral segments (outer area of 25, Figure 2) of a stop element (25, Figure 2) increases over an angular range (up to 270°, column 4, lines 50-55) of the stop element (25, Figure 2) toward the axis of rotation (rotatable shaft 22, Figure 1, is the axis of rotation). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the form of a cam disk for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. With respect to Claim 17, Hu teaches the adjustable stop according to claim 16. Hu fails to teach wherein the angular range is at least 90°. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein the angular range is at least 90° (up to 270°, column 4, lines 50-55). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the angular range at least 90° for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. With respect to Claim 18, Hu teaches the adjustable stop according to claim 16. Hu fails to teach wherein the angular range is at least 180°. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein the angular range is at least 180° (up to 270°, column 4, lines 50-55). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the angular range at least 180° for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. With respect to Claim 19, Hu teaches the adjustable stop according to claim 16. Hu fails to teach wherein the angular range is at least 270°. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein the angular range is at least 270° (rotates counterclockwise up to 270°, column 4, lines 50-55). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the angular range at least 270° for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. With respect to Claim 20, Hu further teaches wherein at least two of the stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) are coupled together (¶[0181]), with the result that their rotations (3-1120 rotates 3-1141, 3-1142, 3-1143, 3-1144 in specific directions, ¶[0182]) and set positions (position sensor 3-1166, Figure 22B) are brought about by the respectively selected coupling conditions (3-1120 rotates the guiding portions (3-1121-3-1124) to move 3-1141, 3-1142, 3-1143, 3-1144 in specific directions, ¶[0182]). With respect to Claim 21, Hu further teaches wherein each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) is rotatable independently of the other stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) about the axis of rotation (3-1500/z-axis, Figure 22B) that is aligned substantially parallel to the through axis (3-1500/z-axis, Figure 22B). With respect to Claim 22, Hu teaches the adjustable stop according to claim 16. Hu fails to teach wherein the radial distance increases continuously over the angular range. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein the radial distance increases continuously over the angular range (rotates up to 270°, column 4, lines 50-55). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the radial distance increases continuously over the angular range for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. With respect to Claim 23, Hu further teaches wherein the peripheral segments (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) are embodied in each case as line portions (3-1141, 3-1142, 3-1143, 3-1144 are arranged in a rectangle portion, see Figure 22B). With respect to Claim 24, Hu further teaches wherein, in addition to a rotational movement (rotatable about an axis of rotation (3-1500/z-axis, Figure 22B)), at least one of the stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) is shiftable in the respective stop plane (z, x, y planes – see Figure 22B) in a controlled manner (inherent on being stop elements). With respect to Claim 25, Hu further teaches wherein the peripheral segments (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) form an outer contour (see the longer edge of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B; see annotated Figure 22) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B). PNG media_image1.png 367 516 media_image1.png Greyscale With respect to Claim 26, Hu further teaches wherein the peripheral segments (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) form an inner contour of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B). With respect to Claim 27, Hu further teaches wherein the stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) are arranged in at least two stop planes (z, x, y planes – see Figure 22B) that extend laterally in the direction from the through axis (3-1500/z-axis, Figure 22B). With respect to Claim 28, Hu further teaches wherein the stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) of adjacent stop planes (z, x, y planes – see Figure 22B) rest laterally against each another (see Figure 22B) and the resulting contact faces are provided with a glide coating (nonmental material such as plastic or resin, ¶[0176]). Claim(s) 29-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 2022/0244785 A1) in view of Alfredsson (US 3,715,965) and Chang et al., (hereafter Chang) (US 10,151,585 B1), as best understood. With respect to Claim 29, Hu teaches an optical system for shaping and guiding radiation (camera, ¶[0165]), the optical system comprising: optical elements (3-1230, Figure 21A) for imaging the radiation (visible light, ¶[0165]) into an intermediate image plane (y-x plane, Figure 22B); an adjustable stop (3-1100, Figure 22B) located in the intermediate image plane, the adjustable stop including: a plurality of stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) being movable in a stop plane (z, x, y planes – see Figure 22B) that extends laterally from a through axis (3-1500/z-axis, Figure 22B) of the adjustable stop (3-1100, Figure 22B), wherein portions of a periphery of each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) delimit an aperture (aperture, ¶[0182]) around the through axis (3-1500/z-axis, Figure 22B) based on a respective current set position (3-1166, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B); and one or more drives (3-1150, drives movable portion 3-1120, ¶[0167]) configured for setting the respective current set position (3-1166, Figure 22B) of each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), which is rotatable about an axis of rotation (3-1500/z-axis, Figure 22B) aligned substantially parallel (each of the elements are “stacked” along the optical axis, see Figure 22B) to the through axis (3-1500/z-axis, Figure 22B), wherein each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) has a number of differently shaped peripheral segments (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) so that the current set position (3-1166, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) configured to be selected to set a selected size (size of the opening may be controlled to adjust the size of the aperture¶[0181]) and/or shape of the aperture (aperture, ¶[0182]), such that a desired peripheral segment of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) forms a portion of the delimitation (recesses, ¶[0182]) of the aperture (aperture, ¶[0182]), Hu fails to teach wherein each stop element is embodied in the form of a cam disk or of a sector of a cam disk, wherein the peripheral segments of the stop elements include a chamfer, and wherein a radial distance of the peripheral segments of a stop element increases over an angular range of the stop element toward the axis of rotation. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein each stop element (25, Figure 2) is embodied in the form of a cam disk (25 is a cam disc, Figure 2) or of a sector of a cam disk; wherein the peripheral segments (outer area of 25, Figure 2) of the stop elements include a chamfer (outer area of 25 includes a chamfer, Figure 2), and wherein a radial distance (smallest and greatest radius, column 4, lines 33-37 and lines 50-55) of the peripheral segments (outer area of 25, Figure 2) of a stop element (25, Figure 2) increases over an angular range (up to 270°, column 4, lines 50-55) of the stop element (25, Figure 2) toward the axis of rotation (rotatable shaft 22, Figure 1, is the axis of rotation). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the form of a cam disk for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. Hu in view of Alfredsson fail to teach and at least one optical element configured for imaging an image of the stop into a sample space. Chang teaches an optical measuring automation system (title and abstract; 40, Figure 6A) wherein at least one optical element (lens of 420, Figure 6A) configured for imaging an image (420 is an image capturing unit, Figure 6A) of the stop (50, Figure 6B) into a sample space (60, Figure 6A). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu in view of Alfredsson having the adjustable stop with the teachings of Chang having the imaging of the stop for the purposes of optical measuring. With respect to Claim 30, Hu further teaches at least one correction unit (inherent on optical image stabilization (OIS) or auto focus (AF), ¶[0164]) configured for compensating imaging errors (inherent on optical image stabilization (OIS) or auto focus (AF), ¶[0164]) caused by the effect of the adjustable stop (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B). With respect to Claim 31, Hu teaches the method for operating an adjustable stop that includes: a plurality of stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) being movable in a stop plane (z, x, y planes – see Figure 22B) that extends laterally from a through axis (3-1500/z-axis, Figure 22B) of the adjustable stop, wherein portions of a periphery of each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) delimit an aperture (aperture, ¶[0182]) around the through axis (3-1500/z-axis, Figure 22B) based on a respective current set position (3-1166, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B); and one or more drives (3-1150, drives movable portion 3-1120, ¶[0167]) configured for setting the respective current set position (3-1166, Figure 22B) of each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B), wherein each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) has a number of differently shaped peripheral segments (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) so that the current set position (3-1166, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) configured to be selected to set a selected size (size of the opening may be controlled to adjust the size of the aperture¶[0181]) and/or shape of the aperture (aperture, ¶[0182]), such that a desired peripheral segment (see the peripheral area of 3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) of the stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) forms a portion of the delimitation of the aperture (aperture, ¶[0182]), the method comprising: capturing the current set position (3-1166, Figure 22B) for each stop element (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B); determining a desired shape and size (size of the opening may be controlled to adjust the size of the aperture¶[0181]) and/or position (3-1166, Figure 22B) of the aperture (aperture, ¶[0182]) that is delimited by the stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) around the through axis (3-1500/z-axis, Figure 22B); and moving the stop elements (3-1141, 3-1142, 3-1143, 3-1144, Figure 22B) into predetermined set positions (position sensor 3-1166, Figure 22B) according to the determined desired shape and size (size of the opening may be controlled to adjust the size of the aperture¶[0181]) and/or position (3-1166, Figure 22B) of the aperture (aperture, ¶[0182]). Hu fails to teach wherein each stop element is embodied in the form of a cam disk or of a sector of a cam disk, wherein the peripheral segments of the stop elements include a chamfer; and wherein a radial distance of the peripheral segments of a stop element increases over an angular range of the stop element toward the axis of rotation. Alfredsson teaches a diaphragm for interchangeable lenses of a camera (title and abstract) wherein each stop element (25, Figure 2) is embodied in the form of a cam disk (25 is a cam disc, Figure 2) or of a sector of a cam disk; wherein the peripheral segments (outer area of 25, Figure 2) of the stop elements include a chamfer (outer area of 25 includes a chamfer, Figure 2), and wherein a radial distance (smallest and greatest radius, column 4, lines 33-37 and lines 50-55) of the peripheral segments (outer area of 25, Figure 2) of a stop element (25, Figure 2) increases over an angular range (up to 270°, column 4, lines 50-55) of the stop element (25, Figure 2) toward the axis of rotation (rotatable shaft 22, Figure 1, is the axis of rotation). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu having the adjustable stop with the teachings of Alfredsson having the form of a cam disk for the purpose of limiting movement of the attached elements for preset aperture value whereafter the shutter exposes, column 3, lines 59-65. With respect to Claim 32, Hu in view of Alfredsson teach the method of claim 31. Hu in view of Alfredsson fail to teach storing, a design as the cam disk of each element. Chang teaches an optical measuring automation system (title and abstract; 40, Figure 6A) storing (23, column 5, lines 1-12), a design (420, Figure 6A) as the cam disk (50, Figure 6B) of each element (optical measurement). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Hu in view of Alfredsson having the adjustable stop with the teachings of Chang having a design as the cam disk of each element for the purposes of monitoring the cam disk for wear. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA Y WASHINGTON whose telephone number is (571)270-3887. The examiner can normally be reached Mon-Thur 730-530 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TYW/Patent Examiner, Art Unit 2872 /STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Nov 03, 2022
Application Filed
Sep 27, 2025
Non-Final Rejection — §103, §112
Mar 30, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
91%
With Interview (+9.2%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 569 resolved cases by this examiner