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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 22 December 2025 has been entered.
Response to Amendment and Status of Application
This notice is in response to the amendments filed 15 December 2025. Claims 1-4, 6-10, 12, and 14-15 are pending in the instant application where claims 1, 10, and 12 have been amended and claims 5, 11, and 13 have been cancelled. Applicant’s amendments to the claims have rendered moot a previous interpretation under 35 U.S.C. 112(f) and subsequent rejection under 35 U.S.C. 112(a) and 112(b), specifically with regards to “driving unit”, and that interpretation and corresponding rejections are withdrawn. There exists a similar issue with “first driving unit” and “second driving unit” as is indicated below.
Response to Arguments
Applicant's arguments filed 15 December 2025 directed to the rejections under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) are rendered moot by the amendments to the claims removing “driving unit” in place of “first driving unit” and “second driving unit”, interpreted individually under 35 U.S.C. 112(f) below. Examiner’s response to the arguments related to “driving unit” can be found within the Advisory Action dated 18 December 2025.
Applicant’s arguments with respect to claim(s) to independent claims 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. This is in reference to arguments (remarks page 4 paragraph 3 – page 7 paragraph 1) directed towards “wherein the first guide bar, second guide bar, third guide bar, and fourth guide bar are disposed at positions that coincide with each other in an optical axis direction”
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Regarding claim 12, the claim recites the limitations “first driving unit” and “second driving unit” which use the generic placeholder “unit” that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
The specification does not sufficiently disclose structure to perform the functions associated with the limitations “first driving unit” and “second driving unit”.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
Claim 12 is 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.
Regarding claim 12, claim limitations “first driving unit” and “second driving unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not provide adequate structure capable of performing the functions associated with the “first driving unit” and “second driving unit”. Additionally, the drawings (fig. 2) show only a boxed representation of the driving unit, and likewise do not provide sufficient structure for the limitation. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 12, the specification and drawings do not provide adequate structure to support the claim limitations “first driving unit” and “second driving unit”. The specification does provide that the “driving unit 50 includes a first driving unit configured to drive the first holding frame 201 and a second driving unit configured to drive the second holding frame 301”. The disclosure that “the first driving unit is configured to drive the first holding frame 201” and that “the second driving unit is configured to drive the second holding frame 301” do not satisfy the lack of written description for these components. As has been indicated in previous actions, one of ordinary skill in the art recognizes the need for an actuating device of some kind which can be “configured to drive the first [and second] holding frame” – an example of which is a motor and a transmission for transmitting power from the motor to drive the holding frames (examiner reiterates this is provided merely as an example of what a satisfactory written description for such a means plus function device and does not constitute a required recitation). No structure to perform the driving is described in reference to either the first or the second driving units. Therefore, the inventor has not provided sufficient disclosure to show possession of the invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6-10, 12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0223496 A1 by Futoshi Iinuma et al. (herein after “Iinuma”) in view of JP 2019066801 A by Hironari Fujiwara et al. (herein after “Fujiwara”), and further in view of US 2023/0232087 A1 by Hiroyuki Kuroki (herein after “Kuroki”). Examiner notes the reference Iinuma was cited in the IDS filed 27 January 2023 and 11 July 2023, and as JP 2020-134889 A in the IDS filed 27 January 2023.
Regarding claim 1, Iinuma discloses an optical filter apparatus comprising:
a first optical filter unit (Iinuma [0051] and fig. 6 disclose a neutral density filter 501 [first optical filter unit], termed a first optical filter);
a first holding frame that holds the first optical filter unit (Iinuma [0052] and fig. 6 disclose a holding frame 502 [first holding frame], shown to hold the first optical filter);
a first guide bar and a second guide bar that movably support the first holding frame (Iinuma [0052] and fig. 6 disclose two supports 503 which slidably support the first holding frame [two supports 503 are the first and second guide bar]);
a second optical filter unit disposed parallel to the first optical filter unit (Iinuma fig.[0051] and fig. 5 disclose a neutral density filter 511 [second optical filter unit], termed a second optical filter; fig. 8 shows a top-down view of the filters 501 and 511, where they are shown parallel to one another; also, [0065] states that the two supports 503 [first and second guide bar] and two supports 513 [third and fourth guide bar for second holding frame, not yet mapped] are configured in parallel);
a second holding frame that holds the second optical filter unit (Iinuma [0055] and fig. 5 disclose a holding frame 512 [second holding frame], shown to hold the second optical filter 511);
a third guide bar and a fourth guide bar that movably support the second holding frame (Iinuma [0055] and fig. 5 disclose two supports 513 which slidably support the second holding frame [two supports 513 are the third and fourth guide bars]).
Iinuma is silent to a first housing that covers the first frame; and a second housing that covers the second frame; wherein the first holding frame is slidably supported by being sandwiched between the first housing and one of the first guide bar and the second guide bar, wherein the second housing frame is slidably supported by being sandwiched between the second housing and one of the third guide bar and the fourth guide bar, and wherein the first guide bar is disposed outside the fourth guide bar with respect to the first holding frame, and wherein the third guide bar is disposed outside the second guide bar with respect to the second holding frame.
However, Fujiwara does address these limitations. Iinuma and Fujiwara are considered to be analogous to the present invention because they both relate to optical filter devices for use in imaging systems.
Fujiwara discloses “a first housing that covers the first holding frame” (Fujiwara [0017]-[0018] and fig. 2 shows an exploded view of optical member switching device 500, comprising first driving unit 520 and the holding frame member 510 [taken together as the first housing] which surrounds/encompasses (i.e. covers) the first optical filter unit 540 [equivalent to the first holding frame which holds the first optical filter unit]);
“a second housing the covers the second holding frame” (Fujiwara [0017]-[0018] and fig. 2 disclose the second driving unit 530 and the holding frame member 510 [taken together as the second housing] which surrounds/encompasses (i.e. covers) the second optical filter unit 550 [equivalent to the second holding frame which holds the second optical filter unit]);
“wherein the first holding frame is slidably supported by being sandwiched between the first housing and one of the first guide bar and the second guide bar” (Fujiwara fig. 2 shows the first optical filter unit 540 with guide bars [in the same form as that of Iinuma]; fig. 5 and [0033] disclose 541C and 543C the filter holding members [equivalent to the first holding frame of Iinuma]; when the optical member switching device 500 is put together (i.e. not exploded as in fig. 2), the optical filter holding member 543C of fig. 5 is between the first driving unit 520 and near side of holding frame member 510 [first housing], and the metallic guide shaft 545a/b [either the first or second guide bar] (i.e. sandwiched between), the guide shafts described in [0033] and shown in fig. 6; fig. 6 also shows the first holding frame 541 being slidably supported within the holding frame member 510, since the frame 541 is shown in different orientations by sliding along the guide bars; the first holding frame is both slidably supported and is sandwiched between the first housing and one of first/second guide bars); “and
wherein the second holding frame is slidably supported by being sandwiched between the second housing and one of the third guide bar and fourth guide bar” (Fujiwara fig. 2 shows the second optical filter unit 550 with guide bars [again, in same form as that of Iinuma]; [0095] discloses that the second optical filter unit 550 is constructed from components with the same shape as the first optical filter unit 540 (i.e. has a corresponding guide shaft, holding frame, etc.); following the same reasoning as the preceding limitation, when the optical member switching device 500 is put together, the optical filter holding member 553 ([second holding frame] seen in fig. 11) is between the second driving unit 530 and far side of holding frame member 510 [second housing] and guide shafts 555a/b [either the third or fourth guide bar] (i.e. sandwiched between); because the second optical filter unit 550 is constructed from similar components and has similar operation to the first optical filter unit 540, and the first holding frame has been shown to be slidably supported by being sandwiched between the first housing and one of first/second guide bars, the second holding frame is also slidably supported and sandwiched between one of the third or fourth guide bars), and
“wherein the first guide bar is disposed outside the fourth guide bar with respect to the first holding frame” (Fujiwara fig. 11b shows the first (545b), second (545a), third (555b) and fourth (555a) guide bars in a top-down view on the equivalent (with respect to Iinuma) of first and second optical filter holding units 541 and 551 respectively; the first guide bar 545b is shown “outside” of fourth guide bar 555a, where outside is in reference from the center line R shown in the figure); and
“wherein the third guide bar is disposed outside the second guide bar with respect to the second holding frame” (Fujiwara fig. 11b shows the second 545a and third 555b guide bars, where the third guide bar 555b is “outside” the second guide bar 545a in reference from the center line R).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate a first housing that covers the first frame; and a second housing that covers the second frame; wherein the first holding frame is slidably supported by being sandwiched between the first housing and one of the first guide bar and the second guide bar, wherein the second housing frame is slidably supported by being sandwiched between the second housing and one of the third guide bar and the fourth guide bar, and wherein the first guide bar is disposed outside the fourth guide bar with respect to the first holding frame, and wherein the third guide bar is disposed outside the second guide bar with respect to the second holding frame as suggested by Fujiwara for the advantage of introducing protective components to encompass the first and second optical filters units, so as to reduce physical damage to the first and second optical filter units.
Iinuma when modified by Fujiwara is silent to wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are disposed at positions that coincide with each other in an optical axis direction.
However, Kuroki does address this limitation. Iinuma, Fujiwara, and Hiroyuki are considered to be analogous to the present invention because they relate to optical filter support devices for use in imaging systems.
Kuroki discloses “wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are disposed at positions that coincide with each other in an optical axis direction” (Kuroki fig. 6 and [0034]-[0035] discloses a design for filter units for use in an imaging system, where first and second filter units 16 and 18 are shown, comprising first upper 32, first lower 34, second upper 36, and second lower 38 guide bars [first, second, third, and fourth guide bars] supporting optical filters; fig. 6 shows an exploded view, but it is clear the guide bars are all coincident with one another in the optical axis LA direction (see non-exploded view of figs. 3-4 where the guide bars are all coincident with one another in the optical axis direction); while the guide bars within the optical filer apparatus of Kuroki appear to be arranged differently than Iinuma and Fujiwara, a user need only rotate the entirety of Kuroki by 90 degrees about the optical axis to derive the same arrangement of Iinuma in view of Fujiwara – this does not rise to a “substantial reconstruction or redesign” of the primary reference as there is no required redesign of inner components).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma in view of Fujiwara to incorporate wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are disposed at positions that coincide with each other in an optical axis direction as suggested by Kuroki for the advantage of further reducing the size of the imaging apparatus by effectively utilizing the space around the guide rails (Kuroki [0047]) – i.e. the footprint in the optical axis direction can be reduced with the design of Kuroki.
Regarding claim 2, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 1, and Iinuma further teaches the apparatus wherein the first holding frame includes a first end located on a side opposite to the first guide bar with respect to the first optical unit, and is slidably sandwiched between the first housing and the second guide bar at the first end (Iinuma fig. 6 shows the holding frame 502 [first holding frame] which surrounds the optical filter 501; [0052] discloses a first side member 5201 (left side in fig. 6) and a second side member 5202 (right side of fig. 6) on either side of the optical filter 501; the first side member 5201 is the first end of the first holding frame; the two supports [guide bars] are both labeled 503 – the second of the two supports is the guide bar on the first end 5201 (left most guide bar) such that the first end 5201 is on the side opposite to the first guide bar (on the right side); [0052] the supports 503 slidably support first and second side members, so that the first end is slidably between the second guide bar and the first housing – the first housing in claim 1 of Iinuma in view of Fujiwara is shown to be surrounding of the first holding frame, and therefore surrounds the first end 5201, allowing the first end to be sandwiched); and
wherein the second holding frame includes a second end located on a side opposite to the third guide bar with respect to the second optical filter unit, and is slidably sandwiched between the second housing and the fourth guide bar at the second end (as discussed in the preceding limitation, Iinuma fig. 5 shows the holding frame 512 [second holding frame] which surrounds the optical filter 511; [0055] discloses a first side member 5121 (right side of fig. 5) and second side member 5122 (left side of fig. 5); in fig. 5, the two supports [guide bars] are both labeled 513 – the “third” support 513 (third guide bar) is on the right side of fig. 5 with the “first side member 5121” and the “fourth” support 513 (fourth guide bar) is on the left side of fig. 5 with the “second side member 5122”; [0055] the supports 513 slidably support first and second side members 5121 and 5122, so that the second end 5122 slidably sandwiched between the fourth guide bar and the second housing – the second housing in claim 1 of Iinuma in view of Fujiwara is shown to be surrounding of the second holding frame, and therefore surrounds the second end 5122, allowing the second end to be sandwiched).
Regarding claim 3, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 2. Iinuma is silent to the optical filter apparatus according to claim 2, wherein the first housing includes a first housing convex portion, wherein the first holding frame includes a first convex portion that slides relative to the first housing convex portion at the first end, wherein the second housing includes a second housing convex portion, and wherein the second holding frame includes a second convex portion that slides relative to the second housing convex portion at the second end.
However, Fujiwara does address these limitations.
Fujiwara discloses the optical filter apparatus according to claim 2, “wherein the first housing includes a first housing convex portion” (Fujiwara fig. 7A and [0059] shows a view of the holding frame member 510 [part of first housing] and spring 547A which has a convex shape);
“wherein the first holding frame includes a first convex portion that slides relative to the first housing convex portion at the first end” (Fujiwara fig. 5 and [0049] disclose a first engagement portion 541d, part of the first optical filter holding member 541 [equivalent to the first holding frame, as disclosed in claim 1]; the spring 547A is designed to catch the first optical filter holding member 541, and therefore the member 541 (and also therefore the engagement portion 541d) slides relative to the spring 547A [first convex portion slides relative to the first housing convex portion], at least at the first end of Iinuma);
“wherein the second housing includes a second housing convex portion” (Fujiwara fig. 8A and [0065] discloses the holding frame member 510 and spring 547B, separate from the first spring 547A, the spring 547B having a convex shape; the holding frame member 510 is part of both the first and second housings); “and
wherein the second holding frame includes a second convex portion that slides relative to the second housing convex portion at the second end” (Fujiwara [0094] discloses that the first and second optical filter units are constructed from the same components as those that make up the first optical filter unit; therefore, the second holding frame also has a corresponding engagement portion, which slides relative to the spring 547B, and would be located at least at the second end of Iinuma).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein the first housing includes a first housing convex portion, wherein the first holding frame includes a first convex portion that slides relative to the first housing convex portion at the first end, wherein the second housing includes a second housing convex portion, and wherein the second holding frame includes a second convex portion that slides relative to the second housing convex portion at the second end as suggested by Fujiwara for the advantage of enabling the first optical filter holding member 541 (and therefore second optical filter holding member also (see Fujiwara [0094])) to be stopped by the spring members without any unwanted rattling/noise etc. (Fujiwara [0061]).
Regarding claim 4, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 2. Iinuma is silent to the optical filter apparatus according to claim 2, wherein the first holding frame includes a third convex portion on the first end facing the second guide bar, and wherein the second holding frame includes a fourth convex portion on the second end facing the fourth guide bar.
However Fujiwara does address these limitations.
Fujiwara discloses the optical filter apparatus according to claim 2, “wherein the first holding frame includes a third convex portion on the first end facing the second guide bar” (Fujiwara fig. 5 and [0049] disclose a first engagement portion 541d, part of the first optical filter holding member 541 [equivalent to the first holding frame, as disclosed in claim 1]; as the first side member 5201 [first end] of Iinuma is the disclosed as being on the left side of fig. 6 of Iinuma, the first engagement portion 541d of Fujiwara coincides with the left side of the optical filter holding member 541 [corresponding to the first holding frame 502 of Iinuma], and therefore, the first engagement portion is at the first end and faces ([0070] and engages with) the second guide shaft [second guide bar]; examiner notes that since claim 4 does not depend from claim 3 (where the first and second convex portions have been introduced), the engagement portion need not be a “third” convex portion, and the third is read as “any first” convex portion), “and
wherein the second holding frame includes a fourth convex portion on the second end facing the fourth guide bar” (Fujiwara [0094] discloses that the first and second optical filter units are constructed from the same components as those that make up the first optical filter unit; therefore, and disclosed in [0068] the second holding frame also has a corresponding engagement portion 543d; because “facing” is not defined explicitly in the claim, at least some part of the second engagement portion 543d will face the fourth guide bar, even if the second engagement portion 543d does not couple with the fourth guide bar).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein the first holding frame includes a third convex portion on the first end facing the second guide bar, and wherein the second holding frame includes a fourth convex portion on the second end facing the fourth guide bar as suggested by Fujiwara for the advantage of enabling a thinner design and stable operation by utilizing at least the first and second engagement portions (Fujiwara [0043]).
Regarding claim 6, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 1. Iinuma is silent to the optical filter apparatus according to claim 1, wherein the first holding frame is supported so as to cover an entire circumference of the first guide bar, and wherein the second holding frame is supported so as to cover an entire circumference of the third guide bar.
However, Fujiwara does address this limitation.
Fujiwara discloses the optical filter apparatus according to claim 1, “wherein the first holding frame is supported so as to cover an entire circumference of the first guide bar” (Fujiwara fig. 11c shows a zoomed view of the right side of fig. 11b (i.e. on the right of the line R) and shows the entire circumference of the first guide shaft 545a being covered by the first optical filter holding member 541 [first holding frame]); “and
wherein the second holding frame is supported so as to cover an entire circumference of the third guide bar (fig. 11b to the left of the line R shows third guide bar 555a being encapsulated by the corresponding a (second) holding member 551, where like the first guide bar, the third guide bar’s entire circumference is covered).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein the first holding frame is supported so as to cover an entire circumference of the first guide bar, and wherein the second holding frame is supported so as to cover an entire circumference of the third guide bar as suggested by Fujiwara for the advantage of utilizing the geometry of the optical filter holding member, for example that seen in fig. 11 to enable a thinner design (Fujiwara [0102]) and therefore reducing the need to carry cumbersome equipment.
Regarding claim 7, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 6. Iinuma is silent to the optical filter apparatus according to claim 6, wherein a portion of the first holding frame that covers the entire circumference of the first guide bar, and a portion of the second holding frame that covers the entire circumference of the third guide bar are located on opposite sides with respect to an optical axis of the optical filter apparatus.
However, Fujiwara does address this limitation.
Fujiwara discloses the optical filter apparatus according to claim 6, “wherein a portion of the first holding frame that covers the entire circumference of the first guide bar, and a portion of the second holding frame that covers the entire circumference of the third guide bar are located on opposite sides with respect to an optical axis of the optical filter apparatus” (Fujiwara fig. 11 b shows an optical axis R (the axis being referenced at least in Fujiwara [0048]), where the first holding frame covering the entire circumference of the first guide bar is on the right side of the optical axis R in the fig, and the second holding frame covering the entire circumference of the third guide bar is on the left side of the optical axis R, [the portions of first/second holding frames are on opposite sides of an optical axis]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein a portion of the first holding frame that covers the entire circumference of the first guide bar, and a portion of the second holding frame that covers the entire circumference of the third guide bar are located on opposite sides with respect to an optical axis of the optical filter apparatus as suggested by Fujiwara for the advantage of utilizing the geometry of the optical filter holding member, for example that seen in fig. 11 to enable a thinner design (Fujiwara [0102]) and therefore reducing the need to carry cumbersome equipment.
Regarding claim 8, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 1. Iinuma is silent to the optical filter apparatus according to claim 1, wherein the first housing includes a first housing convex portion facing the second guide bar, and wherein the second housing includes a second housing convex portion facing the fourth guide bar.
However, Fujiwara does address this limitation.
Fujiwara discloses the optical filter apparatus according to claim 1, “wherein the first housing includes a first housing convex portion facing the second guide bar” (Fujiwara fig. 7A and [0059] shows a view of the holding frame member 510 [first housing] and spring 547A which has a convex shape [first housing convex portion]; [0059] spring 547A is engaged with the first guide shaft 545a, so that the spring 547A runs parallel to the first guide shaft; therefore the cylindrical exterior of the spring 547A will at least partially face the second guide bar); “and
wherein the second housing includes a second housing convex portion facing the fourth guide bar” (Fujiwara fig. 8A and [0065] discloses the holding frame member 510 and spring 547B, separate from the first spring 547A, which has a convex shape; the holding frame member 510 is part of both the first and second housings; as argued in the preceding limitation, the cylindrical exterior of the spring 547B will at least partially face the fourth guide bar).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein the first housing includes a first housing convex portion facing the second guide bar, and wherein the second housing includes a second housing convex portion facing the fourth guide bar as suggested by Fujiwara for the advantage of enabling the first optical filter holding member 541 (and therefore second optical filter holding member also (see Fujiwara [0094])) to be stopped by the spring members without any unwanted rattling/noise etc. (Fujiwara [0061]).
Regarding claim 9, Iinuma when modified by Fujiwara and Kuroki discloses the optical filter apparatus according to claim 1. Iinuma is silent to the optical filter apparatus according to claim 1, wherein the first optical filter unit includes a first optical filter and a second optical filter, and wherein the second optical filter unit includes a third optical filter and a fourth optical filter.
However, Fujiwara does address this limitation.
Fujiwara discloses the optical filter apparatus according to claim 1, “wherein the first optical filter unit includes a first optical filter and a second optical filter” (Fujiwara figs. 2 and 6 and [0033] disclose the first optical filter unit 540 comprising two optical filters 542 and 544); “and
wherein the second optical filter unit includes a third optical filter and a fourth optical filter (Fujiwara fig. 2 and [0096]-[0097] disclose the second optical filter unit 550 comprising two additional optical filters 552 and 554).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein the first optical filter unit includes a first optical filter and a second optical filter, and wherein the second optical filter unit includes a third optical filter and a fourth optical filter as suggested by Fujiwara for the advantage of increasing the number of optical filters available for use while also increasing the thinness of the device as well (Fujiwara [0006]), and therefore reducing the need to carry cumbersome equipment.
Regarding claim 10, Iinuma discloses an image pickup apparatus comprising:
an optical filter apparatus (Iinuma [0044] discloses an optical filtering apparatus 500 seen in fig. 3); and
an image sensor that receives light that has passed through the imaging optical system and the optical filter apparatus (Iinuma [0044] discloses an image sensor 120 and a lens mount 800, where [0048] a lens [imaging optical system] may be attached; [0046] the image sensor 120 receives light passing through the optical filtering apparatus 500, and will have already passed through the detachable lens);
wherein the optical filter apparatus includes:
(1) a first optical filter unit (Iinuma [0051] and fig. 6 disclose a neutral density filter 501 [first optical filter unit], termed a first optical filter);
(2) a first holding frame that holds the first optical filter unit (Iinuma [0052] and fig. 6 disclose a holding frame 502 [first holding frame], shown to hold the first optical filter);
(3) a first guide bar and a second guide bar that movably support the first holding frame (Iinuma [0052] and fig. 6 disclose two supports 503 which slidably support the first holding frame [two supports 503 are the first and second guide bar]);
(4) a second optical filter unit disposed parallel to the first optical filter unit (Iinuma fig.[0051] and fig. 5 disclose a neutral density filter 511 [second optical filter unit], termed a second optical filter; fig. 8 shows a top-down view of the filters 501 and 511, where they are shown parallel to one another; also, [0065] states that the two supports 503 [first and second guide bar] and two supports 513 [third and fourth guide bar for second holding frame, not yet mapped] are configured in parallel);
(5) a second holding frame that holds the second optical filter unit (Iinuma [0055] and fig. 5 disclose a holding frame 512 [second holding frame], shown to hold the second optical filter 511); and
(6) a third guide bar and a fourth guide bar that movably support the second holding frame (Iinuma [0055] and fig. 5 disclose two supports 513 which slidably support the second holding frame [two supports 513 are the third and fourth guide bars]).
Iinuma is silent to (7) a first housing that covers the first frame; and (8) a second housing that covers the second frame; wherein the first holding frame is slidably supported by being sandwiched between the first housing and one of the first guide bar and the second guide bar, wherein the second housing frame is slidably supported by being sandwiched between the second housing and one of the third guide bar and the fourth guide bar, and wherein the first guide bar is disposed outside the fourth guide bar with respect to the first holding frame, and the third guide bar is disposed outside the second guide bar with respect to the second holding frame.
However, Fujiwara does address this limitation. Iinuma and Fujiwara are considered to be analogous to the present invention because they both relate to optical filter devices for use in imaging systems.
Fujiwara discloses “(7) a first housing that covers the first holding frame” (Fujiwara [0017]-[0018] and fig. 2 shows an exploded view of optical member switching device 500, comprising first driving unit 520 and the holding frame member 510 [taken together as the first housing] which surrounds/encompasses (i.e. covers) the first optical filter unit 540 [equivalent to the first holding frame which holds the first optical filter unit]);
“(8) a second housing the covers the second holding frame” (Fujiwara [0017]-[0018] and fig. 2 disclose the second driving unit 530 and the holding frame member 510 [taken together as the second housing] which surrounds/encompasses (i.e. covers) the second optical filter unit 550 [equivalent to the second holding frame which holds the second optical filter unit]);
“wherein the first holding frame is slidably supported by being sandwiched between the first housing and one of the first guide bar and the second guide bar” (Fujiwara fig. 2 shows the first optical filter unit 540 with guide bars [in the same form as that of Iinuma]; fig. 5 and [0033] disclose 541C and 543C the filter holding members [equivalent to the first holding frame of Iinuma]; when the optical member switching device 500 is put together (i.e. not exploded as in fig. 2), the optical filter holding member 543C of fig. 5 is between the first driving unit 520 and near side of holding frame member 510 [first housing], and the metallic guide shaft 545a/b [either the first or second guide bar] (i.e. sandwiched between), the guide shafts described in [0033] and shown in fig. 6; fig. 6 also shows the first holding frame 541 being slidably supported within the holding frame member 510, since the frame 541 is shown in different orientations by sliding along the guide bars; the first holding frame is both slidably supported and is sandwiched between the first housing and one of first/second guide bars); “and
wherein the second holding frame is slidably supported by being sandwiched between the second housing and one of the third guide bar and fourth guide bar” (Fujiwara fig. 2 shows the second optical filter unit 550 with guide bars [again, in same form as that of Iinuma]; [0095] discloses that the second optical filter unit 550 is constructed from components with the same shape as the first optical filter unit 540 (i.e. has a corresponding guide shaft, holding frame, etc.); following the same reasoning as the preceding limitation, when the optical member switching device 500 is put together, the optical filter holding member 553 ([second holding frame] seen in fig. 11) is between the second driving unit 530 and far side of holding frame member 510 [second housing] and guide shafts 555a/b [either the third or fourth guide bar] (i.e. sandwiched between); because the second optical filter unit 550 is constructed from similar components and has similar operation to the first optical filter unit 540, and the first holding frame has been shown to be slidably supported by being sandwiched between the first housing and one of first/second guide bars, the second holding frame is also slidably supported and sandwiched between one of the third or fourth guide bars), and
wherein the first guide bar is disposed outside the fourth guide bar with respect to the first holding frame” (Fujiwara fig. 11b shows the first (545b), second (545a), third (555b) and fourth (555a) guide bars in a top-down view on the equivalent (with respect to Iinuma) of first and second optical filter holding units 541 and 551 respectively; the first guide bar 545b is shown “outside” of fourth guide bar 555a, where outside is in reference from the center line R shown in the figure);
“and wherein the third guide bar is disposed outside the second guide bar with respect to the second holding frame” (Fujiwara fig. 11b shows the second 545a and third 555b guide bars, where the third guide bar 555b is “outside” the second guide bar 545a in reference from the center line R).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate a first housing that covers the first frame; and a second housing that covers the second frame; wherein the first holding frame is slidably supported by being sandwiched between the first housing and one of the first guide bar and the second guide bar, wherein the second housing frame is slidably supported by being sandwiched between the second housing and one of the third guide bar and the fourth guide bar, and wherein the first guide bar is disposed outside the fourth guide bar with respect to the first holding frame, and wherein the third guide bar is disposed outside the second guide bar with respect to the second holding frame as suggested by Fujiwara for the advantage of introducing protective components to encompass the first and second optical filters units, so as to reduce physical damage to the first and second optical filter units.
Iinuma when modified by Fujiwara is silent to wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are disposed at positions that coincide with each other in an optical axis direction.
However, Kuroki does address this limitation. Iinuma, Fujiwara, and Hiroyuki are considered to be analogous to the present invention because they relate to optical filter support devices for use in imaging systems.
Kuroki discloses “wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are disposed at positions that coincide with each other in an optical axis direction” (Kuroki fig. 6 and [0034]-[0035] discloses a design for filter units for use in an imaging system, where first and second filter units 16 and 18 are shown, comprising first upper 32, first lower 34, second upper 36, and second lower 38 guide bars [first, second, third, and fourth guide bars] supporting optical filters; fig. 6 shows an exploded view, but it is clear the guide bars are all coincident with one another in the optical axis LA direction (see non-exploded view of figs. 3-4 where the guide bars are all coincident with one another in the optical axis direction); while the guide bars within the optical filer apparatus of Kuroki appear to be arranged differently than Iinuma and Fujiwara, a user need only rotate the entirety of Kuroki by 90 degrees about the optical axis to derive the same arrangement of Iinuma in view of Fujiwara – this does not rise to a “substantial reconstruction or redesign” of the primary reference as there is no required redesign of inner components).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma in view of Fujiwara to incorporate wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are disposed at positions that coincide with each other in an optical axis direction as suggested by Kuroki for the advantage of further reducing the size of the imaging apparatus by effectively utilizing the space around the guide rails (Kuroki [0047]) – i.e. the footprint in the optical axis direction can be reduced with the design of Kuroki.
Regarding claim 12, Iinuma when modified Fujiwara and Kuroki discloses the image pickup apparatus according to claim 10, and Iinuma further discloses the apparatus further comprising:
a first driving unit configured to drive the first holding frame; and
a second driving unit configured to drive the second holding frame (Iinuma [0053] discloses a motor 508 [first driving unit] which drives the holding frame 502 [first holding frame], and [0056] discloses a motor 518 [second driving unit] which drives the holding frame 512 [second holding frame]);
wherein the first driving unit is configured to slide the first holding frame along the first guide bar and thereby moves the first optical filter unit (Iinuma [0053] motor 508 [first driving unit] drives the holding frame 502 along the two supports 503 [i.e. at least the first guide bar], to insert/recede first optical filter 501 into the optical path [moving the first optical filter unit]);
wherein the second driving unit is configured to slide the second holding frame along the third guide bar, and thereby moves the second optical filter unit (Iinuma [0056] motor 518 [second driving unit] drives the holding frame 512 along the two supports 513 [i.e. at least the third guide bar], to insert/recede the second optical filter 511 into the optical path [moving the second optical filter unit]),
wherein the second guide bar is farther from the first driving unit than the first guide bar, (Iinuma fig. 8 shows motor 508 and first and second guide bars 503; the guide bar closest to the motor 508 may be considered first guide bar, making the second guide bar further from the motor 508); and
wherein the fourth guide bar is farther from the second driving unit than the third guide bar (Iinuma fig. 8 shows motor 518 and third and fourth guide bars 513; the guide bar closest to the motor 518 may be considered the third guide bar, making the fourth guide bar further from the motor 518).
Regarding claim 14, Iinuma when modified Fujiwara and Kuroki discloses the optical filter apparatus according to claim 1. Iinuma is silent to the optical filter apparatus according to claim 1, wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are supported by the first housing and the second housing.
However, Fujiwara does address this limitation.
Fujiwara discloses the optical filter apparatus according to claim 1, “wherein first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are supported by the first housing and the second housing” (Fujiwara discloses the first and second housings as disclosed in claim 1 above; both the first and the second housing consist of the holding frame member 510, seen in both fig. 2 and 6; the first, second, third, and fourth guide bars are supported within the holding frame member 510, and are therefore supported by the first housing and the second housing).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate wherein the first guide bar, the second guide bar, the third guide bar, and the fourth guide bar are supported by the first housing and the second housing as suggested by Fujiwara for the advantage of introducing protective components to encompass the first and second optical filters units, so as to reduce physical damage to the first and second optical filter units.
Regarding claim 15, Iinuma when modified Fujiwara and Kuroki discloses the optical filter apparatus according to claim 1. Iinuma is silent to the optical filter apparatus according to claim 1, wherein the first holding frame does not exist between the second holding frame and one of the first guide bar and the second guide bar, and wherein the second holding frame does not exist between the first holding frame and one of the third guide bar and the fourth guide bar.
However, Fujiwara does address this limitation.
Fujiwara discloses the optical filter apparatus according to claim 1, “the first holding frame does not exist between the second holding frame and one of the first guide bar and the second guide bar, and wherein the second holding frame does not exist between the first holding frame and one of the third guide bar and the fourth guide bar” (Fujiwara fig. 2 shows the exploded image of the first optical filter unit 540 [first holding frame] and the second optical filter unit 550 [second holding frame]; in the exploded view of the device 500, the first holding frame is supported by the first and second guide bars, and the second holding frame is supported by the third and fourth guide bars; therefore, the first holding frame is separate from the third and fourth guide bars, and the second holding frame is separate from the first and second guide bars; therefore, the first holding frame does not exist between the second holding frame and the first/second guide bar and the second holding frame does not exist between the first holding frame and the third/fourth guide bar, with reference to an axis perpendicular to the optical axis of the device (i.e. in the plane of the units 540 and 550)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Iinuma to incorporate the first holding frame does not exist between the second holding frame and one of the first guide bar and the second guide bar, and wherein the second holding frame does not exist between the first holding frame and one of the third guide bar and the fourth guide bar as suggested by Fujiwara for the advantage of introducing protective components to encompass the first and second optical filters units, so as to reduce physical damage to the first and second optical filter units.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA M CARLSON whose telephone number is (571)270-0065. The examiner can normally be reached Mon-Fri. 8:00AM - 5:00PM.
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877