DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to a filing of 4/6/2026.
Notice of Pre-AIA or AIA Status
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 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.
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/06/2026 has been entered.
Claim Rejections - 35 USC § 103
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.
Claims 1, 7-10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jiao et al. (CN112629669) in view of Xiao (US20150153232).
Regarding claim 1, Jiao teaches a passive optically athermal infrared reimaging objective lens assembly (Jiao, figs.1-2, abstract, dual-waveband common-caliber large-target-surface optical athermalization infrared lens and an optical system; page 4, Jiao’s claim 7, “The dual-band common aperture large target optical athermal infrared lens”) comprising:
a lens housing (Jiao, fig.1, a lens housing has been referred as a lens barrel; page 4, Jiao’s claim 7, The dual-band common aperture large target optical athermal infrared lens… all installed in the lens barrel);
an imager lens group (see annotated image, Jiao, Figs1-2, “an imager lens group“ has been referred as a lens group G1, including the lenses B, C, and E) supported by the lens housing (Jiao, fig.1, the lens barrel), the imager lens group (see annotated image, Jiao, Figs1-2, the lens group G1) positioned within the lens housing (Jiao, the barrel) toward a scene (see annotated image, Jiao, Figs1-2, the fairing A has been referred to as a scene; page 3, “the fairing A”; note: a fairing—particularly an optical fairing—can function as a scene) and including a first lens (Jiao, fig.1, lens B) embodying a negative meniscus lens (Jiao, page 3, Jiao’s claim 1, the first negative lens B is a double meniscus negative lens), a second lens (Jiao, fig.1, lens C) embodying a positive meniscus lens (Jiao, page 3, Jiao’s claim 1, the second positive lens C is a double meniscus positive lens), a third lens (Jiao, fig.1, lens D) embodying a positive meniscus lens (Jiao, page 3, Jiao’s claim 1, the third positive lens D is a double meniscus positive lens), wherein the first lens (the lens B) is a foremost optical element of the lens assembly facing the scene (the fairing A), with no optical elements disposed between the first lens (lens B) and the scene (the fairing A);
a relay lens group (see annotated image, Jiao, Figs1-2, “a relay lens group” has been referred as a lens group G2) supported by the lens housing (see annotated image, Jiao, Figs1-2, the lens barrel; Jiao’s claims 7: It also includes a lens barrel and multiple spacers, all made of aluminum alloy), the relay lens group (see annotated image, Jiao, Figs1-2, the lens group G2) positioned behind the imager lens group (see annotated image, Jiao, Figs1-2, the lens group G1) and including two lenses (see annotated image, Jiao, Figs1-2, the lens group G2 including two lenses F and G) having a positive refractive power (see Jiao,fig.2, pages 23-24, data of table 1, the lens group G2 is capable of a positive refractive power);
a cold stop (fig.1, a cold stop has been referred as the detector protection window I) positioned behind the relay lens group (see annotated image, Jiao, Figs1-2, the lens group G2); and a detector (Jiao, fig.1, “a detector” has been referred as a detector filter J) positioned behind the cold stop (fig.1, the detector protection window I; Jiao, page 5, paragraph [0102], “The detector protection window I of the staring medium and long-wave dual-color refrigerated infrared detector”) and configured to detect an image (Jiao, fig.1, an image in the image plane K).
Jiao does not explicitly teach wherein the relay lens group includes an exit pupil provided at a back side of the relay lens group, the exit pupil located between the cold stop and the detector.
However, Xiao teaches the analogous athermal infrared reimaging objective lens assembly (Xiao, figs.1-2, abstract, a microscope includes a detector device having an enclosure and an infrared sensitive detector array disposed within the enclosure. The enclosure may be cryogenically cooled and have an aperture which defines an aperture stop for an optical path extending to the detector array. The microscope may have a microscope objective with an objective exit pupil, and the microscope may include one or more intermediate optical elements which are configured to image at least a portion of the objective exit pupil at the aperture stop while simultaneously focusing light from an object transmitted through the objective at the detector array), and further teaches wherein the relay lens group (Xiao,fig.2, the relay lens group has been referred as intermediate relay optics 230 + detector device 216; see paragraph [0031], detector device 216... a substantial portion, of the light emitted from the sample 206 and as focused by the intermediate relay optics 230) includes an exit pupil (Xiao, is capable of having of function of virtual aperture) provided at a back side of the relay lens group, the exit pupil located between the cold stop (Xiao fig.2, cold stop 224) and the detector (Xiao, fig.2, detector array 208; paragraph [0036], The detector array 208 may be placed further back--- Because the structure of the claimed system --- Xiao of fig.2 teaches a cold stop 224 positioned behind the relay lens group 230; and a detector 208 positioned behind the cold stop 224 and configured to detect an image---Xiao’s paragraph [0036], The detector array 208 may be placed further back (i.e. distance d may be increased) proportionally in relation to the increased cold stop diameter to preserve the benefits of improved blackbody radiation rejection and maintain focus of the magnified image of the objective target 206 ---, as identified above and in the original action, is the same as that claimed, it must inherently perform the same function and it is expect the exit pupil located between the cold stop and the detector function provided by Xiao has same results as claimed. See MPEP §2114(I)) “If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011).”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal infrared reimaging objective lens apparatus of Jiao with the specific function of exit pupil (same applicant’s page 9, line 11, “the exit pupil is a virtual aperture”) as taught by Xiao for a purpose of to allow the desired objective to be easily selected by a user of the microscope. Likewise, the movable mount may be configured to allow the attached objectives to be easily replaced as desired (Xiao, paragraph [0037]).
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Regarding claim 7, Combination Jiao-Xiao discloses the invention as described in Claim 1 and Jiao further teaches wherein, further comprising an entrance pupil provided at an object side of the imager lens group (see Jiao, fig.1 or 2, page 13, paragraph [n0048], each lens and the filter H are positioned by a spacer ,and the lens barrel and the spacer are both made of aluminum alloy— since each lens and the filter H are positioned by a spacer, it means that Jiao teaches wherein, further comprising an entrance pupil provided at an object side, see annotated image, Jiao, Figs 1-2, the object side, of the imager lens group G1).
Regarding claim 8, Combination Jiao-Xiao discloses the invention as described in Claim 7 and Jiao further teaches wherein the imager lens group (see annotated image, Jiao, Figs 1-2, the imager lens group G1) includes an entrance pupil baffle (Jiao, an entrance pupil baffle has been referred as a spacer) that functions as the entrance pupil (see Jiao, fig.1 or 2, page 9, paragraph [0019], a plurality of spacers are arranged between adjacent lenses in the lens barrel for positioning. page 13, paragraph [0048], each lens and the filter H are positioned by a spacer ,..the spacer are made of aluminum alloy; abstract, The invention aims to solve the technical problems of complex structure, high precision requirement, large size and weight and small field angle of an existing dual-band common-caliber optical athermalization infrared lens, and provides a dual-band common-caliber large-target-surface optical athermalization infrared lens and an optical system; A refraction type light path is adopted to achieve dual-band common-caliber design, the outer diameter of an optical element is effectively compressed through a secondary imaging system, a double-color refrigeration detector is selected, miniaturization and light weight of the optical system are achieved, imaging stability is good, quality is high, and the problems that an existing dual-band common-caliber -- it means that Jiao teaches a spacer that functions as the entrance pupil), the entrance pupil baffle (Jiao, the spacer) supported by the lens housing (see annotated image, Jiao, Figs 1-2, the barrel) and disposed between a first lens (Jiao, fig.1, lens B) and a second lens (Jiao, fig.1, lens C) of the imager lens group (see annotated image, Jiao, Figs 1-2, lens group G1).
Regarding claim 9, Combination Jiao-Xiao discloses the invention as described in Claim 1 and Xiao further teaches wherein the exit pupil is defined by the cold stop (see Xiao, described in claim 1; also see paragraph [0031], in the FIG. 2, the aperture stop 224 of the cold enclosure 222 may have a diameter D and the detector array 208 may be disposed at the back of the space within the enclosure 222 at an axial distance d away from the stop 224---, since the function of the claim determines the exit pupil, thus the exit pupil is defined by the cold stop). The motivation to combine Jiao and Xiao as provided in claim 1 is incorporated herein.
Regarding claim 10, Combination Jiao-Xiao discloses the invention as described in Claim 1 and Jiao further teaches wherein further comprising a baffle (Jiao, baffle has been referred as a spacer, see Jiao, fig.1 or 2, see Jiao, fig.1 or 2, page 9, paragraph [0019], a plurality of spacers are arranged between adjacent lenses in the lens barrel for positioning; page 13, paragraph [0048], each lens and the filter H are positioned by a spacer ,..the spacer are made of aluminum alloy ) supported by the lens housing (see annotated image, Jiao, Figs 1-2, the barrel) and disposed in the lens housing (see annotated image, Jiao, Figs 1-2, lens group G2) between the imager lens group (see annotated image, Jiao, Figs 1-2, lens group G2) and the relay lens group (see annotated image, Jiao, Figs 1-2, lens group G2), the baffle (Jiao, the spacer) configured to prevent stray light (see Jiao, fig.2 has a light path diagram of the optical athermalized infrared optical system) from adversely affecting the image (Jiao, fig.1, the image in the image plane K).
Regarding claim 14, Combination Jiao-Xiao discloses the invention as described in Claim 1 and Jiao further teaches wherein the imager lens group (see annotated image, Jiao, Figs 1-2, lens group G1) and the relay lens group (see annotated image, Jiao, Figs 1-2, lens group G1) are configured to achieve F-theta distortion mapping (see annotated image, Jiao, Figs 1-2, a fairing A that is capable of to achieve F-theta distortion mapping—also the preceding claim is a product-by-process claim and even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method/process of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process; See MPEP 2113).
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Jiao et al. (CN112629669A) in view of Xiao (US20150153232), and further in view of Mercado (US8101918).
Regarding claim 2, Combination Jiao-Xiao discloses the invention as described in Claim 1, but Jiao is silent on wherein an optional fourth lens (Jiao, fig.1, lens E) embodying a positive meniscus lens.
However, in the analogous thermal infrared reimaging objective lens apparatus, Mercado teaches a re-imaging infrared lenses (Mercado, figs.1-8, abstract, a re-imaging optical system includes a front objective lens group, a relay lens and a Dewar assembly. The front objective lens group includes at least three lenses for focusing light entering an entrance pupil and forming a first image located adjacent or near a field stop. The relay lens group includes at least three lenses for focusing light from the first image toward the Dewar assembly), and further teaches
wherein the imager lens group (Mercado, fig.1, a front objective lens group 26) includes a first lens (Mercado, fig.1, a first lens has been referred as lens L2) embodying a negative meniscus lens (see Mercado, fig.1, and col.6, data of table 1, the lens L2 is capable of a negative meniscus lens), a second lens (Mercado, fig.1, a second lens has been referred as lens L1) embodying a positive meniscus lens (see Mercado, fig.1, and col.6, data of table 1, the lens L1 is capable of a positive meniscus lens), a third lens (Mercado, fig.1, a third lens has been referred as lens L3) embodying a positive meniscus lens (see Mercado, fig.1, and col.6, data of table 1, the lens L3 is capable of a positive meniscus lens) and an optional fourth lens (Mercado, fig.1, a fourth lens has been referred as lens L4) embodying a positive meniscus lens (see Mercado, fig.1, and col.6, data of table 1, the lens L4 is capable of a positive meniscus lens).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal infrared reimaging objective lens apparatus of Combination Jiao-Xiao with the specific function of lens group as taught by Mercado for a purpose of providing a re-imaging system that is both achromatic and athermalized (Mercado,col.2, lines 16-17).
Regarding claim 3, Jiao-Mercado combination discloses the invention as described in Claim 2 and Jiao further teaches wherein the first lens (Jiao, fig.1, lens B) is configured to have a wide field of view, FOV (see Jiao, fig.2, abstract, the large target surface can provide a larger field angle; --- also this portion is of function claim. In product and apparatus claims –when the structure and composition recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent, see MPEP § 2112.01. As the structure and materials provided by Jiao is same to that recited in the claims, then it is expected “first lens functions as a front objective lens configured to have a wide field of view, FOV” function provided by Jiao has same results as claimed. Since where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)).
Regarding claim 4, Jiao-Mercado combination discloses the invention as described in Claim 2 and Jiao further teaches wherein the relay lens group (see annotated image, Jiao, Figs.1-2, the lens group G2) includes a fifth lens (Jiao, fig.1, a fifth lens has been referred as a lens F) embodying a positive meniscus lens (Jiao, page 3, Jiao’s claim 1, the fifth positive lens F is a double meniscus positive lens); and a sixth lens (Jiao, fig.1, a sixth lens has been referred as a lens G) embodying a positive meniscus lens(Jiao, page 3, Jiao’s claim 1, the sixth positive lens G is a double meniscus positive lens).
Claims 5-6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jiao et al. (CN112629669) in view of Xiao (US20150153232), and further in view of Frazier (US5727236, cited by applicant).
Regarding claim 5, Combination Jiao-Xiao discloses the invention as described in Claim 1, but Jiao is silent on wherein the relay lens group is configured to move within the lens housing to provide an active focus feature for the lens assembly.
However, in the analogous optical system, Frazier teaches the optical system (Frazier, figs.1-14, abstract, an optical system having the features of a wide angle lens, a deep field lens and a close focusing lens is comprised of an objective lens, a field lens and a relay lens aligned on an optical axis in that sequence for the objective lens to form an intermediate image at or near the field lens and for the field lens and relay lens to transmit that same image to a smaller final image at the plane), and further teaches
wherein the relay lens group (Frazier, fig.2, the relay lens 28) is configured to move within the lens housing (Frazier, fig.2, barrel 22) to provide an active focus feature ( Frazier, fig.2, col.4, lines 42-45, one or more lenses of the relay lens group 28 be adjustable along the optical axis 24 for focusing the final image 29, such as by an external adjustment ring assembly 32) for the lens assembly (Frazier, figs.1-14, abstract, the optical system).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal infrared reimaging objective lens apparatus of Combination Jiao-Xiao with the specific lens group as taught by Frazier for a purpose of providing the arrangement, the objective lens group may be readily interchanged with other objective lens groups selected from commercially available lenses, or specially constructed lens groups without otherwise modifying the optical system (Frazier ,col.4, lines 45-50).
Regarding claim 6, Jiao-Frazier combination discloses the invention as described in Claim 5, but Jiao is silent on wherein the relay lens group includes a relay lens mount that is configured support the lenses of the relay lens group and configured to linearly ride on rails provided in the lens housing, the relay lens group configured to move linearly toward and away from the imager lens group to adjust a focus of the lens assembly.
However, as introduced above for claim 5, Frazier teaches the similar optical system and Frazier further teaches
wherein the relay lens group (Frazier, fig.2, relay lens group 28) includes a relay lens mount (Frazier, fig.2, an external adjustment ring assembly 32) that is configured support the lenses of the relay lens group (Frazier, fig.2, col.4, lines 42-43, one or more lenses of the relay lens group 28) and configured to linearly ride on rails (see Frazier, fig.2, col.4, lines 42-45, one or more lenses of the relay lens group 28 be adjustable along the optical axis 24) provided in the lens housing (Frazier, fig.2, barrel 22), the relay lens group (Frazier, fig.2, relay lens group 28)
The motivation to combine Jiao, Xiao and Frazier as provided in claim 5 is incorporated herein.
Regarding claim 11, Combination Jiao-Xiao discloses the invention as described in Claim 1, but Jiao is silent on wherein the lens housing is a cylindrical structure configured to support, surround and protect the imager lens group and the relay lens group.
However, in the analogous optical system, Frazier teaches the optical system (Frazier, figs.1-14, abstract, an optical system having the features of a wide angle lens, a deep field lens and a close focusing lens is comprised of an objective lens, a field lens and a relay lens aligned on an optical axis in that sequence for the objective lens to form an intermediate image at or near the field lens and for the field lens and relay lens to transmit that same image to a smaller final image at the plane), and further teaches
wherein the lens housing (Frazier, fig.2, barrel 22) is a cylindrical structure (Frazier, fig.2, col.3, lines 41-43, the optical system 20 are positioned in a lens cylinder or barrel 22 that is mounted on the front face 21 of the camera) configured to support, surround and protect the imager lens group (Frazier, fig.2, the object lens 23) and the relay lens group (Frazier, fig.2, the relay lens 28).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal infrared reimaging objective lens apparatus of Combination Jiao-Xiao with the specific lens group as taught by Frazier for a purpose of providing the arrangement, the objective lens group may be readily interchanged with other objective lens groups selected from commercially available lenses, or specially constructed lens groups without otherwise modifying the optical system (Frazier ,col.4, lines 45-50).
Regarding claim 12, Jiao-Frazier combination discloses the invention as described in Claim 11 and Jiao further teaches wherein the lens housing (see annotated image, Jiao, Figs 1-2, the barrel) is fabricated from aluminum (Jiao, page 4, Jiao’s claim 7, the lens barrel and multiple spacers, all made of aluminum alloy).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Jiao et al. (CN112629669) in view of Xiao (US2015), and further in view of Lamber, Jr, hereafter called Lamber (US5400161).
Regarding claim 13, Combination Jiao-Xiao discloses the invention as described in Claim, but Jiao is silent on wherein further comprising a filter (Jiao, fig.1, the filter J) disposed between the cold stop (Jiao, fig.1, the window I) and the detector.
However, in the analogous optical system, Lamber teaches the optical system (see Lamber, fig.4, an optical system, col.1, lines 35-38, an infrared seeker with a detector array disposed at a focal plane forms an image, i.e. picture, of a scene within the field of view of the infrared seeker), and further teaches
wherein further teaches wherein further comprising a filter (Lamber, fig.4, a spectral filter 76) disposed between the cold stop (Lamber, fig.4, a cold shield) and the detector (Lamber, fig.4, a detector array 78).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the thermal infrared reimaging objective lens apparatus of Jiao with the specific lens group as taught by Lamber for a purpose of providing a technique for reducing fixed pattern noise (Lamber, abstract).
Response to Amendment / argument
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 7-11 with respect to the 35 U.S.C.&103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
Jiao does not disclose or suggest that wherein the first lens is a foremost optical element of the lens assembly facing the scene, with no optical elements disposed between the first lens and the scene.
In response to applicant's argument(s) of 1
See claim 1, Jiao teaches wherein the first lens (see annotated image, Jiao, figs 1-2, the lens B) is a foremost optical element of the lens assembly facing the scene (the fairing A), with no optical elements disposed between the first lens (lens B) and the scene (the fairing A); although the fairing A is lens behaver, but see applicant specification: “Another aspect of the present disclosure is directed to a method of detecting an image of a scene with a passive optically athermal reimaging lens assembly.”; and a fairing—particularly an optical fairing—can function as a scene.
Thus, the fairing A is not a foremost optical element of the lens assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872
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