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 the amendment filed 1/5/2026.
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.
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.
Claim(s) 1-6, 8-10, 12-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over by Kwon (US20230057429) in view of Kuo (US20210048629).
Regarding claim 1, Kwon teaches an optical lens (Kwon, figs.1-5, abstract, an imaging lens), wherein the optical lens comprises:
a first lens group (Kwon, fig.1,lens 100 + lens 200 + lens 300), a focal power adjustable element (Kwon, fig.1, fourth lens 400, paragraph [0094], The fourth lens 400 may comprise a liquid lens. The liquid lens.. the focus ..by adjusting the interface between the conductive liquid and the non-conductive liquid using a voltage applied to the liquid lens), and a second lens group (Kwon, fig.1, lens 500 + lens 600) in sequence from an object side (Kwon fig.1, object side) to an image side (Kwon fig.1, image side) in an optical axis direction (see annotated image, Kwon, fig.1, optical axis),
the focal power adjustable element is configured to change a focal length of the optical lens (Kwon fig.1, paragraph [0097], the liquid lens 400 …change the focus by adjusting);
the first lens group comprises at least two lenses (Kwon, described above, 3 lenses, 100, 200, 300);
the second lens group comprises at least one lens (Kwon, described above, lenses 500, 600).
a first lens (Kwon, fig.1, lens 100) has a positive refractive power (Kwon, paragraph [0076] The first lens 100 may have positive refractive power), wherein the first lens (Kwon fig.1, lens 100) is a first lens (fig.1, lens 100) in the optical lens from the object side to the image side (fig.1, the object side).
YI/IH≤1.75 (1.58; see annotated image, Kwon, fig.1, referring to the scale in the image, YI/IH is approximately 1.58 = 3.37/2.13; which is in the claimed range, based on the Figures depicting the optical lens which one of ordinary skill in the art would expect to be drawn to scale; note: drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). However, the picture must show all the claimed structural features and how they are put together. Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928). The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979)),
wherein Yl is an effective clear aperture of an image side surface of a last lens (Kwon, fig.1, lens 600) of the optical lens from the object side to the image side (see annotated image, Kwon, fig.1, the YI), and IH is a half image height of the optical lens (see annotated image, Kwon, fig.1, the IH).
Kwon does not explicitly teaches wherein Fov≥79.94° (78.2°; paragraph [0175], data of table3, Fov = DFOV = 78.2°--- which is very close to the value of 79.94°; the claimed ranges and the prior art ranges are close enough that one skilled in the art would have expected them to have the same properties, Titanium Metals Corp. of America v. Nabber, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985); See MPEP 2131.03.), wherein Fov is a full field of view of the optical lens (Kwon, paragraph [0056], FIG. 4 is a conceptual diagram of a diagonal field of view DFOV of an imaging lens according to the present embodiment).
However, Kuo teaches the analogous optical lens (Kuo, figs.1-16, abstract, an optical photographing lens assembly includes a focus tunable component and an imaging lens system. The imaging lens system includes, in order from an object side to an image side, a first lens group and a second lens group. The first lens group includes, in order from the object side to the image side, an object-side first lens element and an object-side second lens element. The second lens group includes, in order from the image side to the object side, an image-side first lens element and an image-side second lens element. The imaging lens system has a total of at least four lens elements), and further teaches wherein Fov≥79.94° (83.4°; Kuo, paragraph [0129], data of table 3, HFOV of Mode 1 = 41.7; so Fov = 83.4), wherein Fov is a full field of view of the optical lens (Kuo, paragraph [0056], half of a maximum field of view of the optical photographing lens assembly is HFOV).
Kuo further teaches (paragraph [0059]): “When half of a maximum field of view of the optical photographing lens assembly is HFOV, the following condition can be satisfied: 15.0 [deg.]<HFOV<90.0 [deg.]. Therefore, it is favorable for adjusting the field of view into a proper range for various applications. Moreover, the following condition can also be satisfied: 30.0 [deg.]<HFOV<55.0 [deg.]. Therefore, it is favorable for the optical photographing lens assembly to have a wide field of view, and it is also favorable for preventing distortion caused by an overly wide field of view. Moreover, the following condition can also be satisfied: 35.0 [deg.]<HFOV<45.0 [deg.]
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kwon with the specific rang of field of view as taught by Kuo for the purpose of adjusting the field of view into a proper range for various applications and providing a wide field of view while preventing distortions caused by an overly wide field of view (Kuo, paragraph [0059]).
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Regarding claim 2, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein the first lens group comprises at least a first lens (Kwon fig.1, lens 100) and a second lens (Kwon fig.1, lens 200) in sequence from the object side to the image side (Kwon, described in claim 1); and
(ΣCT12)/TTL≥0.08 (0.16; Kwon, fig.1, ΣCT12)/TTL = 0.7341/4.64; see paragraph [0173], data of table 1 and paragraph [0175], data of table3), wherein ΣCT12 is an on-axis distance from an object side surface of the first lens (Kwon,fig.1, lens 100) to an image side surface of the second lens (Kwon, fig.1, lens 200), and TTL is an on-axis distance from the object side surface of the first lens (Kwon fig.1, lens 100) to an image plane of the optical lens (Kwon, paragraph [0008], TTL means the distance from the object side surface of the first lens to the imaging plane on the optical axis).
Regarding claim 3, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein the first lens group comprises at least a first lens and a second lens in sequence from the object side to the image side (Kwon, described in claim 1); and
TTL/f≤1.83 (1.2; Kwon, fig.1, TTL/f = 4.64/3.85, see paragraph [0173], data of table 1 and paragraph [0175], data of table3; f = 3.85, TTL =4.64), wherein TTL is an on-axis distance from an object side surface of the first lens to an image plane of the optical lens (Kwon, described in claim 2), and f is the focal length of the optical lens (Kwon, paragraph [0181], f means an effective focal length of the optical system).
Regarding claim 4, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein the first lens group comprises at least a first lens and a second lens in sequence from the object side to the image side (Kwon, described in claim 1); and f1/f≤2.33 (0.87; Kwon, fig.1, see paragraph [0173], data of table 1 and paragraph [0175], data of table3, f1/f = 3.365/3.85 ), wherein f1 is a focal length of the first lens (Kwon fig.1, lens 100) and f is the focal length of the optical lens (Kwon, described in claim 3). Kwon of fig.1 does not explicitly teaches wherein an object side surface of the first lens is convex at a paraxial position, and an image side surface of the first lens is concave at the paraxial position. However, Kwon of fig.2 teaches the analogous optical lens (Kwon of fig.2, paragraph [0184],The imaging lens according to a second embodiment of the present invention may comprise a plurality of lenses. The imaging lens may comprise a six-element lens. The imaging lens may comprise a first lens 100, a second lens 200, a third lens 300, a fourth lens 400, a fifth lens 500, a sixth lens 600, and an iris STOP. However, in the imaging lens according to the second embodiment, any one or more of the first lens 100, the second lens 200, a third lens 300, the fourth lens 400, the fifth lens 500, the sixth lens 600, and the iris STOP may be omitted. The imaging lens may be disposed sequentially from the object side to the image side in the order of the first lens 100, the second lens 200, a third lens 300, the fourth lens 400, the fifth lens 500, and the sixth lens 600. The imaging lens according to a second embodiment may be composed of 5 or less lenses..), and further teaches wherein an object side surface of the first lens (Kwon, fig.2, the first lens has been referred as the lens 100) is convex at a paraxial position (see paragraph [0188], data of table 4, surface 1, an object side surface of the first lens 100 is convex at a paraxial position), and an image side surface of the first lens is concave at the paraxial position(see paragraph [0188], data of table 4, surface 2 , an image side surface of the first lens 100 is concave at the paraxial position). 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 apparatus of Kwon of fig.1 with the specific shape as taught by Kwon of fig.2 for the purpose to provide a camera module having a reduced size through an imaging lens (Kwon, paragraph [0006]).
Regarding claim 5, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein the first lens group comprises at least a first lens and a second lens in sequence from the object side to the image side (Kwon, described in claim 1); and −53.57≤f2/f≤77.70 (-1.46; Kwon, fig.1, f2/f = -5.62/3.85, see paragraph [0173], data of table 1 and paragraph [0175], data of table3, f =3.85, f2=-5.62), wherein f2 is a focal length of the second lens (Kwon fig.1, lens 200), and f is the focal length of the optical lens (Kwon, described in claim 2).
Regarding claim 6, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein −98.57≤(R5+R6)/(R5−R6)≤6.84 (0.74; Kwon, fig.1, see paragraph [0173], data of table 1 and paragraph [0175], data of table3, R5=41.2782, R6 =-6.1688), wherein R5 is a central curvature radius of an object side surface of a third lens (Kwon, fig.1, lens 300) of the optical lens from the object side to the image side (Kwon, described in claim 1), and R6 is a central curvature radius of an image side surface of the third lens (Kwon, fig.1, lens 300) of the optical lens from the object side to the image side (Kwon, described in claim 1).
Regarding claim 8, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein the first lens group comprises at least a first lens and a second lens in sequence from the object side to the image side; and
IH/TTL≤0.88 (0.69; Kwon, fig.1, see paragraph [0173], data of table 1 and paragraph [0175], data of table3, IH = imgH/2 = 6.4/2; TTL= 4.64), wherein IH is a half image height of the optical lens (Kwon, described in claim 2; paragraph [0008], imgH means the diagonal length of the imaging plane of the image sensor, so IH = imgH/2), and TTL is an on-axis distance from an object side surface of the first lens to an image plane of the optical lens (Kwon, described in claim 2).
Regarding claim 9, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein the first lens group comprises at least a first lens and a second lens in sequence from the object side to the image side (Kwon, described in claim 1); and MaxY12/IH≤0.89 (0.6; see annotated image, Kwon, fig.1, referring to the scale in the image, MaxY12/IH is approximately 0.6), wherein MaxY12 is a largest clear aperture of clear apertures of the first lens (Kwon, fig.1, lens 100) and the second lens (Kwon, fig.1, lens 200), and IH is a half image height of the optical lens in a full field of view (see annotated image, Kwon, fig.1, IH).
Regarding claim 10, Combination Kwon-Kuo discloses the invention as described in Claim 1 and Kwon further teaches wherein Fno≤2.9 (2.45; see paragraph [0175], data of table3, Fno = 2.45), wherein Fno is an aperture value of the optical lens (Kwon, paragraph [0010], Fno means the F-number of the entire optical system).
Regarding claim 12, Kwon teaches an electronic device (Kwon, figs.1-5, paragraph [0208], The camera module 70 …through an electrical conductive member), comprising: an optical lens, the optical lens including: a first lens group, a focal power adjustable element, and a second lens group in sequence from an object side to an image side in an optical axis direction, the focal power adjustable element is configured to change a focal length of the optical lens; the first lens group comprises at least two lenses; and the second lens group comprises at least one lens (Kwon, described as provided in claim 1 is incorporated herein).
a first lens (Kwon, fig.1, lens 100) has a positive refractive power (Kwon, paragraph [0076] The first lens 100 may have positive refractive power), wherein the first lens (Kwon fig.1, lens 100) is a first lens (fig.1, lens 100) in the optical lens from the object side to the image side (fig.1, the object side).
YI/IH≤1.75 (1.58; see annotated image, Kwon, fig.1, referring to the scale in the image, YI/IH is approximately 1.58; described in claim 1), wherein Yl is an effective clear aperture of an image side surface of a last lens (Kwon, fig.1, lens 600) of the optical lens from the object side to the image side (see annotated image, Kwon, fig.1, the YI), and IH is a half image height of the optical lens (see annotated image, Kwon, fig.1, the IH).
Kwon does not explicitly teaches wherein Fov≥79.94° (78.2°; paragraph [0175], data of table3, Fov = DFOV = 78.2°--- which is very close to the value of 79.94°; the claimed ranges and the prior art ranges are close enough that one skilled in the art would have expected them to have the same properties, Titanium Metals Corp. of America v. Nabber, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985); See MPEP 2131.03.), wherein Fov is a full field of view of the optical lens (Kwon, paragraph [0056], FIG. 4 is a conceptual diagram of a diagonal field of view DFOV of an imaging lens according to the present embodiment).
However, Kuo teaches the analogous optical lens (Kuo, figs.1-16, abstract, an optical photographing lens assembly includes a focus tunable component and an imaging lens system. The imaging lens system includes, in order from an object side to an image side, a first lens group and a second lens group. The first lens group includes, in order from the object side to the image side, an object-side first lens element and an object-side second lens element. The second lens group includes, in order from the image side to the object side, an image-side first lens element and an image-side second lens element. The imaging lens system has a total of at least four lens elements), and further teaches wherein Fov≥79.94° (83.4°; Kuo, paragraph [0129], data of table 3, HFOV of Mode 1 = 41.7; so Fov = 83.4), wherein Fov is a full field of view of the optical lens (Kuo, paragraph [0056], half of a maximum field of view of the optical photographing lens assembly is HFOV). Kuo further teaches (paragraph [0059]): “When half of a maximum field of view of the optical photographing lens assembly is HFOV, the following condition can be satisfied: 15.0 [deg.]<HFOV<90.0 [deg.]. Therefore, it is favorable for adjusting the field of view into a proper range for various applications. Moreover, the following condition can also be satisfied: 30.0 [deg.]<HFOV<55.0 [deg.]. Therefore, it is favorable for the optical photographing lens assembly to have a wide field of view, and it is also favorable for preventing distortion caused by an overly wide field of view. Moreover, the following condition can also be satisfied: 35.0 [deg.]<HFOV<45.0 [deg.].”
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 apparatus of Kwon with the specific rang of field of view as taught by Kuo for the purpose of adjusting the field of view into a proper range for various applications and providing a wide field of view while preventing distortions caused by an overly wide field of view (Kuo, paragraph [0059]).
Regarding claim 13, Kwon teaches an optical lens (Kwon, figs.1-5, abstract, an imaging lens), wherein the optical lens comprises: a first lens group, a focal power adjustable element, and a second lens group in sequence from an object side to an image side in an optical axis direction; the focal power adjustable element is configured to change a focal length of the optical lens; the first lens group comprises two lenses or three lenses; the second lens group comprises at least one lens; a first lens has a positive refractive power, wherein the first lens is a first lens in the optical lens from the object side to the image side (Kwon, described as provided in claim 1 is incorporated herein); and Yl/IH≤1.75, wherein Yl is an effective clear aperture of an image side surface of a last lens of the optical lens from the object side to the image side, and IH is a half image height of the optical lens (Kwon, described as provided in claim 7 is incorporated herein).
Kwon does not explicitly teaches wherein Fov≥79.94° (78.2°; paragraph [0175], data of table3, Fov = DFOV = 78.2°--- which is very close to the value of 79.94°; the claimed ranges and the prior art ranges are close enough that one skilled in the art would have expected them to have the same properties, Titanium Metals Corp. of America v. Nabber, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985); See MPEP 2131.03.), wherein Fov is a full field of view of the optical lens (Kwon, paragraph [0056], FIG. 4 is a conceptual diagram of a diagonal field of view DFOV of an imaging lens according to the present embodiment).
However, Kuo teaches the analogous optical lens (Kuo, figs.1-16, abstract, an optical photographing lens assembly includes a focus tunable component and an imaging lens system. The imaging lens system includes, in order from an object side to an image side, a first lens group and a second lens group. The first lens group includes, in order from the object side to the image side, an object-side first lens element and an object-side second lens element. The second lens group includes, in order from the image side to the object side, an image-side first lens element and an image-side second lens element. The imaging lens system has a total of at least four lens elements), and further teaches wherein Fov≥79.94° (83.4°; Kuo, paragraph [0129], data of table 3, HFOV of Mode 1 = 41.7; so Fov = 83.4), wherein Fov is a full field of view of the optical lens (Kuo, paragraph [0056], half of a maximum field of view of the optical photographing lens assembly is HFOV). Kuo further teaches (paragraph [0059]): “When half of a maximum field of view of the optical photographing lens assembly is HFOV, the following condition can be satisfied: 15.0 [deg.]<HFOV<90.0 [deg.]. Therefore, it is favorable for adjusting the field of view into a proper range for various applications. Moreover, the following condition can also be satisfied: 30.0 [deg.]<HFOV<55.0 [deg.]. Therefore, it is favorable for the optical photographing lens assembly to have a wide field of view, and it is also favorable for preventing distortion caused by an overly wide field of view. Moreover, the following condition can also be satisfied: 35.0 [deg.]<HFOV<45.0 [deg.].”
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 apparatus of Kwon with the specific rang of field of view as taught by Kuo for the purpose of adjusting the field of view into a proper range for various applications and providing a wide field of view while preventing distortions caused by an overly wide field of view (Kuo, paragraph [0059]).
Regarding claim 14, Combination Kwon-Kuo discloses the invention as described in Claim 13 and Kwon further teaches wherein the first lens group comprises at least the first lens and a second lens in sequence from the object side to the image side; and (ΣCT12)/TTL≥0.08, wherein ΣCT12 is an on-axis distance from an object side surface of the first lens to an image side surface of the second lens, and TTL is an on-axis distance from the object side surface of the first lens to an image plane of the optical lens (Kwon, described as provided in claim 2 is incorporated herein).
Regarding claim 15, Combination Kwon-Kuo discloses the invention as described in Claim 13 and Kwon further teaches wherein the first lens group comprises at least the first lens and a second lens in sequence from the object side to the image side; and TTL/f≤1.83, wherein TTL is an on-axis distance from an object side surface of the first lens to an image plane of the optical lens, and f is the focal length of the optical lens (Kwon, described as provided in claim 3 is incorporated herein).
Regarding claim 16, Combination Kwon-Kuo discloses the invention as described in Claim 13 and Kwon further teaches wherein the first lens group comprises at least the first lens and a second lens in sequence from the object side to the image side; and an object side surface of the first lens is convex at a paraxial position, and an image side surface of the first lens is concave at the paraxial position; and f1/f≤2.33, wherein f1 is a focal length of the first lens and f is the focal length of the optical lens ((Kwon, described as provided in claim 4 is incorporated herein).
Regarding claim 17, Combination Kwon-Kuo discloses the invention as described in Claim 13 and Kwon further teaches wherein the first lens group comprises at least the first lens and a second lens in sequence from the object side to the image side; and−53.57≤f2/f≤77.70, wherein f2 is a focal length of the second lens, and f is the focal length of the optical lens (Kwon, described as provided in claim 5 is incorporated herein).
Regarding claim 18, Combination Kwon-Kuo discloses the invention as described in Claim 13 and Kwon further teaches wherein −98.57≤(R5+R6)/(R5−R6)≤6.84, wherein R5 is a central curvature radius of an object side surface of a third lens of the optical lens from the object side to the image side, and R6 is a central curvature radius of an image side surface of the third lens of the optical lens from the object side to the image side(Kwon, described as provided in claim 6 is incorporated herein).
Regarding claim 20, Combination Kwon-Kuo discloses the invention as described in Claim 13 and Kwon further teaches wherein the first lens group comprises at least the first lens and a second lens in sequence from the object side to the image side; and IH/TTL≤0.88, wherein IH is a half image height of the optical lens, and TTL is an on-axis distance from an object side surface of the first lens to an image plane of the optical lens (Kwon, described as provided in claim 8 is incorporated herein).
Response to Amendment
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 7-12 with respect to the 35 U.S.C.&103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
Kwon never defines, quantifies, or even mentions the parameter "Yl," nor does it disclose any method, value, or constraint for "an effective clear aperture of an image side surface of a last lens," so there is no express teaching of the numerator of the claimed ratio.In response to applicant's argument(s) of 1
Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). However, the picture must show all the claimed structural features and how they are put together. Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928). The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979).
In this case, described in claim 1, further, the quantity is the ratio of two lengths which is scalable since it represents angular quantity which does not change with scale, and that the drawing is an actual structural view of the optical lens according to (given) embodiment defined by structural characteristics of the lens data given in paragraphs [0173]-[0174], data of table 1-2, and therefore is anticipated; Further such graphical diagrams of the lens system are result of optical design software (Zmax, CodeV and similar) and based on disclosed lens data, thus the term of "an effective clear aperture of an image side surface of a last lens” is defined.
In the remarks, applicant argues that:
Although the Office action points to a Kuo mode reporting HFOV = 41.7° (implying FOV ~ 83.4°), that number appears in Kuo's own embodiment context, and Kuo does not teach how to reconcile the parameter set that produces that HFOV with Kwon's conditional expressions and miniaturization targets; merely importing a general HFOV "range" or a single HFOV data point into Kwon would demand wholesale re-optimization of focal lengths, group spacings, and aperture relationships that Kwon constrains, without any articulated mapping or reasonable expectation of success to surpass 79.94° while preserving Kwon's performance and size objectives. In short, Kuo's permissive HFOV statements are not a specific teaching to achieve the claimed minimum full FOV in Kwon's system, and the art provides no concrete, compatible parameterization that would have led a skilled person to modify Kwon to Fov >= 79.94° with a reasonable expectation of success.” .
In response to applicant's argument(s) of 2
The Examiner contends that the prior art, Kwon, value of 78.2° for Fov is sufficiently close to the claimed range of Fov = 79.94° to render it obvious. See MPEP 2144.05(I); Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) (Court held as proper a rejection of a claim directed to an alloy of "having 0.8% nickel, 0.3% molybdenum, up to 0.1% iron, balance titanium" as obvious over a reference disclosing alloys of 0.75% nickel, 0.25% molybdenum, balance titanium and 0.94% nickel, 0.31% molybdenum, balance titanium, with the court opining that "[t]he proportions are so close that prima facie one skilled in the art would have expected them to have the same properties.").
Here, the difference between 78.2° and the endpoint of 79.94° is insubstantial, representing only a 6% difference while the difference in nickel content between the claimed invention and the prior art in Titanium Metals was 6.25%. Here, the calculated Fov value from the prior art is similarly close to Applicant’s claimed range as was the case in the Titanium Metals decision. Moreover, the present record does not demonstrate any substantial difference in operation, or any superior and unexpected effect, attributable to the claimed range of Fov ≥ 79.94°.
In view of the above facts, a person of ordinary skill in the art before the filing date of the claimed invention would have reasonably concluded that the value of 78.2° for Fov, from the prior art disclosure, is sufficiently close to the claimed range of Fov ≥ 79.94° to render it obvious because the difference between 78.2° and the endpoint of 79.94° is insubstantial, a value of 78.2° is reasonably expected to have the same effect as if it were the endpoint of the range for Fov, and because there is no evidence to suggest criticality of the endpoint of the claimed range and/or that the endpoint of the claimed range is related to any superior and/or unexpected result. Furthermore, in the instant case, one of ordinary skill in the art would know that enlarging the field of view by a small amount, merely corresponds choosing a slightly larger image sensor. Additionally, one of ordinary skill in the art could look to either Kuo to find optical lens with values of Fov in the claimed range, where Kuo in particular teaches a value of Fov=83.4° which is both within the claimed range and not substantially different from Kwon.
Further, the test for obviousness is not whether the features may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Kuo discloses related embodiments having similar optical lens function, including a first lens group, a focal power adjustable element, and a second lens group in sequence from an object side to an image side in an optical axis direction. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kwon with the specific rang of field of view as taught by Kuo for the purpose of adjusting the field of view into a proper range for various applications and providing a wide field of view while preventing distortions caused by an overly wide field of view (Kuo, paragraph [0059]).
Examiner's Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872