Prosecution Insights
Last updated: August 16, 2026
Application No. 18/276,028

ZOOM OPTICAL SYSTEM, OPTICAL APPARATUS AND METHOD FOR MANUFACTURING THE ZOOM OPTICAL SYSTEM

Final Rejection §102§103
Filed
Aug 05, 2023
Priority
Apr 15, 2021 — JP 2021-069018 +1 more
Examiner
SAHLE, MAHIDERE S
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NIKON Corporation
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
899 granted / 1133 resolved
+11.3% vs TC avg
Moderate +13% lift
Without
With
+13.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
35 currently pending
Career history
1178
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
64.9%
+24.9% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1133 resolved cases

Office Action

§102 §103
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 . Information Disclosure Statement Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 06/04/2026. An initialed copy is attached to this Office Action. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 4, 35 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura et al. (USPG Pub No. 2014/0354858), hereinafter “Kawamura”. Regarding claim 4, Kawamura discloses a zoom optical system comprising a first lens group (G1) and a rear group (G2-G4) arranged in order from an object side along an optical axis (see Figs. 5A-5C, Paragraph 484), the first lens group (G1) having negative refractive power (Paragraph 484), the rear group (G2-G4) including at least one lens group (see Fig. 5A, Paragraph 484), wherein a space between lens groups adjacent to each other changes at zooming (see Figs. 5A-5C, Paragraph 489), and the following conditional expression is satisfied: 0.45 < (-f1)/TLt < 1.25 (Paragraph 499: Example 5) where f1: focal length of the first lens group, and TLt: entire length of the zoom optical system in a telephoto end state (Paragraph 499: Example 5). Regarding claim 35, Kawamura discloses a method for manufacturing a zoom optical system which comprises a first lens group (G1) and a rear group (G2-G4) arranged in order from an object side along an optical axis (see Figs. 5A-5C, Paragraph 484), the first lens group (G1) having negative refractive power (Paragraph 484), and the rear group (G2-G4) including at least one lens group (see Fig. 5A, Paragraph 484), the method comprising arranging the lens groups in a lens barrel such that a space between lens groups adjacent to each other changes at zooming (see Figs. 5A-5C, Paragraphs 489, 505), and the method further comprising one of features (A) or (B), wherein the feature (A) comprises: satisfying the following conditional expression: 0.45 < (-f1)/TLt < 1.25 (Paragraph 499: Example 5) where f1: focal length of the first lens group, and TLt: entire length of the zoom optical system in a telephoto end state (Paragraph 499: Example 5), and the feature (B) comprises: the rear group including, in order from the object side, a second lens group (G2) having positive refractive power and a third lens group (G4) having positive refractive power (Paragraph 499: Example 5), and satisfying the following conditional expression: 0.35 < (-f1)/TLt < 1.25 where f1: focal length of the first lens group, and TLt: entire length of the zoom optical system in a telephoto end state (Paragraph 499: Example 5). The features are presented in the alternative wherein Kawamura satisfies at least one of the recited features. Regarding claim 36, Kawamura discloses a zoom optical system comprising a first lens group (G1) and a rear group (G2-G4) arranged in order from an object side along an optical axis (see Figs. 5A-5C, Paragraph 484), the first lens group (G1) having negative refractive power (Paragraph 484), the rear group including, in order from the object side, a second lens group (G2) having positive refractive power and a third lens group (G4) having positive refractive power (Paragraphs 484, 499: Example 5), wherein a space between lens groups adjacent to each other changes at zooming (see Figs. 5A-5C, Paragraph 489), and the following conditional expression is satisfied: 0.35 < (-f1)/TLt < 1.25 where f1: focal length of the first lens group, and TLt: entire length of the zoom optical system in a telephoto end state (Paragraph 499: Example 5). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 37 is rejected under 35 U.S.C. 103 as being obvious over Kawamura (USPG Pub No. 2014/0354858) in view of Koida (USPG Pub No. 2023/0367109 as translation for WO 2022/124184 A1). The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02. Regarding claim 37, Kawamura discloses the claimed invention except for wherein the following conditional expression is satisfied: 0.133 ≤ Bfw/fRPR < 0.35 0.50 < (-f1)/fRt ≤ 1.656 where Bfw: back focus of the zoom optical system in a wide- angle end state, fRPR: focal length of a lens group having positive refractive power and disposed closest to an image side in the rear group, and fRt: focal length of the rear group in a telephoto end state. In the same field of endeavor, Koida discloses wherein the following conditional expression is satisfied: 0.133 ≤ Bfw/fRPR < 0.35 0.50 < (-f1)/fRt ≤ 1.656 where Bfw: back focus of the zoom optical system in a wide- angle end state, fRPR: focal length of a lens group (G6) having positive refractive power and disposed closest to an image side in the rear group, and fRt: focal length of the rear group in a telephoto end state (see Table 7). Bfw/fRPR = 59.400/292.990 = 0.203; (-f1)/fRt = (50.756)/60.862 = 0.834 wherein f1 is the focal length of the first negative lens group G2. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the zoom optical system of Kawamura with wherein the following conditional expression is satisfied: 0.133 ≤ Bfw/fRPR < 0.35 0.50 < (-f1)/fRt ≤ 1.656 where Bfw: back focus of the zoom optical system in a wide- angle end state, fRPR: focal length of a lens group having positive refractive power and disposed closest to an image side in the rear group, and fRt: focal length of the rear group in a telephoto end state of Koida for the purpose of providing correction of a variety of aberrations and having excellent imaging performance (Paragraph 159). Response to Arguments Applicant’s arguments with respect to claims 4 and 35-37 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. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571 272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 7/29/2026
Read full office action

Prosecution Timeline

Aug 05, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection mailed — §102, §103
May 12, 2026
Response Filed
Aug 03, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
92%
With Interview (+13.1%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1133 resolved cases by this examiner. Grant probability derived from career allowance rate.

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