Prosecution Insights
Last updated: April 19, 2026
Application No. 18/290,407

VARIABLE MAGNIFICATION OPTICAL SYSTEM, OPTICAL APPARATUS, AND METHOD FOR MANUFACTURING VARIABLE MAGNIFICATION OPTICAL SYSTEM

Non-Final OA §102
Filed
Nov 13, 2023
Examiner
LAU, EDMOND C
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nikon Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
81%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
446 granted / 624 resolved
+3.5% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
39 currently pending
Career history
663
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 624 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Election/Restrictions Claims 6-12, 16, 24, 28 and 30 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention or Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/20/2026. Applicant’s election without traverse of Invention I and Species A encompassing Claims 1-5, 13-15, 17-23, 26-27 and 29 in the reply filed on 2/20/2026 is acknowledged. 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 1-5, 13-15, 17-23 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20140313394 A1 to Kim et al. Regarding Claim 1. Kim discloses a variable magnification optical system comprising a plurality of lens groups, the plurality of lens groups being six or more lens groups and comprising a first lens group having positive refractive power (See Table 1 and Fig. 1 lens group G1) and a rear group (Fig. 1 at least lens 210 to lens 410) disposed closer to an image side than the first lens group, at varying magnification the distances between the lens groups being varied (See Table 2 and Fig. 1), the first lens group consisting of two or fewer lenses, both the following conditional expressions being satisfied: 7.50<f1/D1<55.00 (Table 1 = 35.83692/3.4), 4.00<M1/D1<22.00 (From Table 1 and Table 2 18.65/3.4) where f1 is the focal length of the first lens group, D1 is the thickness of the first lens group on an optical axis, and M1 is the amount of movement of the first lens group at varying magnification from a wide-angle end state to a telephoto end state. Regarding Claim 2. Kim further discloses the rear group comprises a first negative lens group having negative refractive power (See Fig. 1 lens 210, Table 1), and the following conditional expression is satisfied: 2.50<f1/(−fN1)<7.00 (Table 1 = 35.83692/6.116) where fN1 is the focal length of the first negative lens group. Regarding Claim 3. Kim further discloses the rear group comprises a first negative lens group having negative refractive power (See Fig. 1 lens 210, Table 1), and a second negative lens group having negative refractive power and disposed closer to the image side than the first negative lens group, and the following expression is satisfied: 0.05<f1/(−fN2)<6.50 where fN2 is the focal length of the second negative lens group. Regarding Claim 4. Kim further discloses the rear group comprises a first negative lens group having negative refractive power (See Fig. 1 lens 210, Table 1), and a second negative lens group having negative refractive power and disposed closer to the image side than the first negative lens group (See Fig. 1 lens 320 and lens 330, Table 1), and the following expression is satisfied: 0.01<fN1/fN2<1.20 (Table 1 =6.116/11.09 ) where fN1 is the focal length of the first negative lens group, and fN2 is the focal length of the second negative lens group. Regarding Claim 5. Kim further discloses the first negative lens group is a lens group disposed closest to an object side of lens groups having negative refractive power in the rear group (as shown in Fig. 1 and Table 1). Regarding Claim 13. Kim further discloses the rear group comprises a negative focusing group having negative refractive power (See Fig. 1 lens 210, Table 1) and configured to move along the optical axis at focusing (as shown in Fig. 1), and the following conditional expression is satisfied: 0.05<f1/(−fFN)<6.50 (Table 1 = 35.83692/6.116) where fFN is the focal length of the negative focusing group. Regarding Claim 14. Kim further discloses the rear group comprises a negative focusing group having negative refractive power (See Fig. 1 lens 210, Table 1) and configured to move along the optical axis at focusing (as shown in Fig. 1), and the following conditional expression is satisfied: −35.00<(−fFN)/fRNw<1.50 (Table 1 = 6.116/11.09) where fFN is the focal length of the negative focusing group, and fRNw is a combined focal length in the wide-angle end state of one or more lens groups disposed closer to the image side than the negative focusing group (See Fig. 1 lens 320 and lens 330, Table 1). Regarding Claim 15. Kim further discloses a final lens group disposed closest to the image side of lens groups in the rear group has negative refractive power (See Fig. 1 lens 330 and lens 410, Table 1 and Table 2 at wide angle position), and the following conditional expression is satisfied: 0.50<f1/(−fR)<10.00 (Table 1=35.83692/14.343) where fR is the focal length of the final lens group. Regarding Claim 29. Kim further discloses an optical apparatus comprising the variable magnification optical system according to claim 1 (See at least Fig. 1). Allowable Subject Matter Claims 26-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDMOND C LAU whose telephone number is (571)272-5859. The examiner can normally be reached M-Th 8am-6pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at (571) 272-9791. 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. /EDMOND C LAU/ Primary Examiner, Art Unit 2871
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Prosecution Timeline

Nov 13, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
81%
With Interview (+9.2%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 624 resolved cases by this examiner. Grant probability derived from career allow rate.

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