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 .
Terminal Disclaimer
The terminal disclaimer filed on January 13, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 11,815,661 has been reviewed, accepted and recorded.
Response to Arguments
Applicant’s arguments, see remarks, filed January 13, 2026, with respect to prior art rejections based on Hirano have been fully considered and in combination with the amendments are persuasive. The prior art rejections based on Hirano have been withdrawn.
Applicant's arguments filed January 13, 2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument centered on Chen failing to disclose :-0.90 < (R17+R18)/(R17-R18) < 0.43, as now recited in the independent claims, the examiner is unpersuaded. R17 is the curvature radius of the object-side surface of the ninth lens and R18 is the curvature radius of the image-side surface of the ninth lens. Applicant has used an open-ended transition, i.e. “comprising” and does not exclude additional, unrecited elements, see MPEP 2111.03. The examiner has indicated that in Chen’s fifth example (see figure 9) that the tenth lens 593 is commensurate with the claimed ninth lens. Table 9 discloses commensurate radiuses R17=-8.922 and R18=5.331. (R17+R18)/(R17-R18)= (-8.922+5.331)/(-8.922-5.331)=(-3.591)/(-14.253)=0.252. Thus, Chen’s fifth example anticipates the required condition.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-8, 10-11, 13-16, 18-19 and 21-26 are rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Chen TWI684807B, of record, using US Patent Application Publication 2020/0393653, of record, as an English translation.
Regarding claim 1 Chen discloses an imaging optical lens (title e.g. example 5 see figure 9) comprising nine lens elements (see figure 9), the nine lens elements being, in order from an object side to an image side along an optical path, a first lens element (e.g. 510), a second lens element (e.g. 530), a third lens element (e.g. 540), a fourth lens element (e.g. 550), a fifth lens element (e.g. 560), a sixth lens element (e.g. 570), a seventh lens element (e.g. 580), an eighth lens element (e.g. 590) and a ninth lens element (e.g. 593), and each of the nine lens elements having an object-side surface facing toward the object side and an image-side surface facing toward the image side (see figure 9); wherein the first lens element has positive refractive power (paragraph [0210] “510 with positive refractive power”), and the eighth lens element has positive refractive power (paragraph [0218] “590 with positive refractive power”); wherein an absolute value of a focal length of the fifth lens element is larger than an absolute value of a focal length of the eighth lens element (e.g. see Table 9), and at least one of the object-side surface and the image-side surface of the seventh lens element has at least one critical point in an off-axis region thereof (e.g. paragraph [0217] “580 has at least one critical point in an off-axis region thereof”); wherein the following condition issatisfied:0.10 < (|P2|+|P3|+|P4|+|P5|+|P6|+|P7|)/(|P1|+|P8|+|P9|) < 1.0 (e.g. using the values in Table 9 (|P2|+|P3|+|P4|+|P5|+|P6|+|P7|)/(|P1|+|P8|+|P9|)=0.86) and -0.90 < (R17+R18)/(R17-R18) < 0.43 (e.g. using the values in Table 9 (R17+R18)/(R17-R18)=0.25).
Regarding claim 2 Chen discloses the imaging optical lens assembly of claim 1, as set forth above. Chen further discloses wherein the second lens element (e.g. 530) has negative refractive power (e.g. paragraph [0212] “530 with negative refractive power”); wherein the following condition is satisfied: 0.65 <f/f8 < 1.50 (e.g. using the values in Table 9 f/f8=0.68).
Regarding claim 4 Chen discloses the imaging optical lens assembly of claim 1, as set forth above. Chen further discloses wherein the following condition is satisfied:-0.70 < (R17+R18)/(R17-R18) < 0.43 (e.g. using the values in Table 9 (R17+R18)/(R17-R18)=0.25).
Regarding claim 5 Chen discloses the imaging optical lens assembly of claim 1, as set forth above. Chen further discloses wherein the object-side surface of the ninth lens element (e.g. 510) is concave in a paraxial region thereof (see figure 9); wherein the following condition is satisfied: 3.2 < EPD/BL < 18.0 (using the values in Table 9 & paragraph [0223] EPD/BL=4.88).
Regarding claim 6 Chen discloses the imaging optical lens assembly of claim 1, as set forth above. Chen further discloses further comprising an aperture stop (e.g. aperture stop 500), wherein the following conditions are satisfied:1.20 <SCT/SAT < 2.0 (using the values in Table 9 SCT/SAT =1.85); and 0.73 < SL/TL < 0.95 (using the values in Table 9 SL/TL=0.94).
Regarding claim 7 Chen discloses the imaging optical lens assembly of claim 1, as set forth above. Chen further discloses wherein a vertical distance between a non-axial critical point on the image-side surface of the seventh lens element and an optical axis is Yc72, a vertical distance between a non-axial critical point on the image-side surface of the eighth lens element and the optical axis is Yc82, a vertical distance between a non-axial critical point on the image-side surface of the ninth lens element and the optical axis is Yc92, a focal length of the imaging optical lens assembly is f, and the following conditions are satisfied:0.02 < Yc72/f < 0.80; 0.02 < Yc82/f < 0.80; and 0.02 < Yc92/f < 0.80 (inherent given structure and function).
Regarding claim 8 Chen discloses the imaging optical lens assembly of claim 1, as set forth above. Chen further discloses wherein an absolute value of the curvature radius of the image-side surface of the ninth lens element (e.g. Table 9 “5.331”) is larger than an absolute value of a curvature radius of the object-side surface of the eighth lens element (e.g. Table 9 “2.605”).
Regarding claim 10 Chen further disclose an electronic device (title e.g. see figure 26 electronic device 40), comprising at least two image capturing units (e.g. image capturing units 41 & 42) disposed on a same side of the electronic device (see figure 26), and the at least two image capturing units comprising: a first image capturing unit (e.g. 42), comprising the imaging optical lens assembly of claim 1 (paragraph [0317] “42 is a standard image capturing unit including the optical lens system disclosed in the 5th embodiment”) and an image sensor disposed on an image surface of the imaging optical lens assembly (e.g. figure 23 lens unit 11 sensor 13); and a second image capturing unit (e.g. 41), comprising an optical lens assembly and an image sensor disposed on an image surface of the optical lens assembly (e.g. figure 23 lens unit 11 sensor 13); wherein a maximum field of view of the first image capturing unit and a maximum field of view of the second image capturing unit differ by at least 20 degrees (paragraph [0318] “maximum field of view of the image capturing unit 41 can be different from the maximum field of view of the image capturing unit 42 by at least 20 degrees”).
Regarding claim 11 Chen discloses an imaging optical lens assembly (title e.g. example 5 figure 9) comprising nine lens elements, the nine lens elements being, in order from an object side to an image side along an optical path, a first lens element (e.g. x201), a second lens element (e.g. x30), a third lens element (e.g. x40), a fourth lens element (e.g. x50), a fifth lens element (e.g. x60), a sixth lens element (e.g. x70), a seventh lens element (e.g. x80), an eighth lens element (e.g. x90) and a ninth lens element (e.g. x93), and each of the nine lens elements having an object-side surface facing toward the object side and an image-side surface facing toward the image side (e.g. see figure 9); wherein the first lens element has positive refractive power (paragraph [0211] “520 with positive refractive power”), the image-side surface of the seventh lens element is concave in a paraxial region thereof (paragraph [0217] see figure 9), the eighth lens element has positive refractive power (paragraph [0218] “590 with positive refractive power”), and the ninth lens element has negative refractive power (paragraph [0219] “593 with negative refractive power”); wherein an absolute value of a curvature radius of the image-side surface of the sixth lens element (e.g. Table 9 radius |-28.759|) is larger than an absolute value of a curvature radius of the object-side surface of the eighth lens element (e.g. Table 9 radius |2.605|), and at least one of the object-side surface and the image-side surface of the eighth lens element has at least one inflection point (paragraph [0218] see figure 9); wherein a minimum value among Abbe numbers of all lens elements of the imaging optical lens assembly is Vmin, and the following condition is satisfied:8.0 < Vmin < 20.0 (e.g. Table 9 Vmin=19.1) and -0.90 < (R17+R18)/(R17-R18) < 0.43 (e.g. using the values in Table 9 (R17+R18)/(R17-R18)=0.25).
Regarding claim 13 Chen discloses the imaging optical lens assembly of claim 11, as set forth above. Chen further discloses wherein the object-side surface of the seventh lens element (e.g. x81) is convex in a paraxial region thereof (paragraph [0217] see figure 9), and at least one of the object-side surface and the image-side surface of the seventh lens element has at least one inflection point (paragraph [0217] see figure 9); wherein the following condition is satisfied:10.0 <V7< 40.0 (e.g. Table 9 V7=34.0).
Regarding claim 14 Chen discloses the imaging optical lens assembly of claim 11, as set forth above. Chen further discloses wherein the following condition is satisfied:1.20 <SAT/(T23+T89) < 2.50 (e.g. using the values in Table 9 SAT/(T23+T89)=1.44).
Regarding claim 15 Chen discloses the imaging optical lens assembly of claim 11, as set forth above. Chen further discloses wherein the following condition is satisfied:5.80≤ ImgH/BL < 20.0 (e.g. using the values in Table 9 ImgH/BL=7.86).
Regarding claim 16 Chen discloses the imaging optical lens assembly of claim 11, as set forth above. Chen further discloses wherein the following condition is satisfied:0.10 < (V2+V3)/V1 < 0.90 (e.g. using the values in Table 9 (V2+V3)/V1=0.74).
Regarding claim 18 Chen discloses the imaging optical lens assembly of claim 11, as set forth above. Chen further discloses wherein a central thickness of the ninth lens element (e.g. Tables 7 & 9 V9=0.600 & 0.500, respectively) is larger than a central thickness of the third lens element (e.g. Tables 7 & 9 V3=0.320 & 0.322, respectively).
Regarding claim 19 Chen discloses an imaging optical lens assembly (title e.g. example 5 see figure 9) comprising nine lens elements, the nine lens elements being, in order from an object side to an image side along an optical path, a first lens element (e.g. 510 or 520), a second lens element (e.g. 530), a third lens element (e.g. 540), a fourth lens element (e.g. 550), a fifth lens element (e.g. 560), a sixth lens element (e.g. 570), a seventh lens element (e.g. 580), an eighth lens element (e.g. 590) and a ninth lens element (e.g. 593), and each of the nine lens elements having an object-side surface facing toward the object side and an image-side surface facing toward the image side (see figure 5); wherein the first lens element has positive refractive power (e.g. paragraph [0210] “510 with positive refractive power” or paragraph [0211] “520 with positive refractive power”), the second lens element has negative refractive power (paragraph [0212] “530 with negative refractive power”), and the ninth lens element has negative refractive power (paragraph [0219] “593 with negative refractive power”); wherein an absolute value of a focal length of the sixth lens element (e.g. Table 9 |23.18|) is larger than an absolute value of a focal length of the eighth lens element (e.g. Table 9 |9.52|), the image-side surface of the seventh lens element (e.g. 582) is concave in a paraxial region thereof (paragraph [0217] “582 being concave in a paraxial region thereof”), the object-side surface of the eighth lens element (e.g. 591) is convex in a paraxial region thereof (paragraph [0218] “591 being convex in a paraxial region thereof”), and at least one of the object-side surface and the image-side surface of the eighth lens element has at least one inflection point (paragraph [0218] see figure 9); and -0.90 < (R17+R18)/(R17-R18) < 0.43 (e.g. using the values in Table 9 (R17+R18)/(R17-R18)=0.25).
Regarding claim 21 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen further discloses wherein the following condition is satisfied:0.25 <|R17/R18|< 2.50 (e.g. using values in Table 9 |R17/R18|=1.67).
Regarding claim 22 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen further discloses wherein the image-side surface of the ninth lens element (e.g. 595) is concave in a paraxial region thereof (paragraph [0219] “595 being concave in a paraxial region thereof”) and has at least one inflection point (paragraph [0219] see figure 9); wherein the following condition is satisfied:1.0 <CTmax/CTmin < 6.0 (e.g. using values in Table 9 CTmax/CTmin=3.12).
Regarding claim 23 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen further discloses wherein the image-side surface of the eighth lens element (e.g. 592) is concave in a paraxial region thereof (paragraph [0218] “592 being concave in a paraxial region thereof”) and has at least two inflection points (paragraph [0218] “592 … has two inflection points”), and the image-side surface of the ninth lens element (e.g. 595) has at least two inflection points (paragraph [0219] “595 … has two inflection points”).
Regarding claim 24 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen further discloses wherein the following conditions are satisfied:0.80 <f/EPD < 2.0 (e.g. using values in Table 9 f/EPD=1.73); and 7.0 < (Vi/Ni)min < 11.80, wherein i = 1, 2, 3, 4, 5, 6, 7, 8 or 9 (e.g. using values in Table 9 (Vi/Ni)min=11.56).
Regarding claim 25 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen further discloses wherein the following conditions are satisfied:5.80 [mm] < ImgH < 10.0 [mm] (using the values in paragraph [0223] ImgH=6.02); and 0.05 < (TDxBL)/(ImgHxImgH) ≤0.21 (e.g. using the values in Table 9 & paragraph [0223] (TDxBL)/ImgH2=0.16).
Regarding claim 26 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen further discloses wherein an axial distance between the seventh lens element and the eighth lens element (e.g. Table 9 “0.077”) is larger than an axial distance between the fifth lens element and the sixth lens element (e.g. Table 9 “0.040”).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen foreign patent document TWI684807B, of record, using US Patent Application Publication 2020/0393653, of record, as an English translation, in view of Hashimoto US Patent Application Publication 2015/0070783, of record.
Regarding claim 9 Chen further disclose an image capturing unit (title figure 23 image capturing unit 10), comprising: the imaging optical lens assembly of claim 1 (as set forth above); and an image sensor (e.g. image sensor 13) disposed on an image surface of the imaging optical lens assembly (paragraph [0309] “13 … is disposed on the image surface of the optical lens system”).
Chen does not disclose said image sensor having 40 million pixels or more.
Hashimoto teaches a similar imaging optical lens system (abstract) and further teaches that said imaging optical lens system is intended for use with image sensor with a resolution of more than 40 megapixels (paragraphs [0005-06]) for the purpose of provide a professional quality digital camera function (paragraph [0005]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the image capturing unit of Chen to have the image sensor has 40 million pixels or more as taught by Hashimoto for the purpose of provide a professional quality digital camera function.
Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen foreign patent document TWI684807B, of record, using US Patent Application Publication 2020/0393653, of record, as an English translation.
Regarding claim 17 Chen’s fifth example discloses the imaging optical lens assembly of claim 11, as set forth above. Chen further discloses wherein at least four lens elements of the imaging optical lens assembly are made of plastic material (paragraph [0016] “[a]t least five lens elements of the optical lens system are made of plastic” e.g. see Table 9), and each of at least three lens elements of the imaging optical lens assembly has an Abbe number smaller than 40.0 (e.g. see Table 9). Chen’s fifth example does not disclose each of at least four lens elements of the imaging optical lens assembly has an Abbe number smaller than 40.0. Chen’s fourth example teaches a similar imaging optical lens assembly, see figure 7 and table 7, and further teaches at least four lens elements of the imaging optical lens assembly has an Abbe number smaller than 40.0 for the purpose of adjusting the chromatic distortion. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the imaging optical lens assembly of Chen’s fifth example to have at least four lens elements of the imaging optical lens assembly has an Abbe number smaller than 40.0 as taught by Chen’s fourth example for the purpose of adjusting the chromatic distortion.
Regarding claim 20 Chen discloses the imaging optical lens assembly of claim 19, as set forth above. Chen does not explicitly disclose wherein the following condition is satisfied: 0.80 <TL/f< 1.30. However, Chen further teaches in paragraph [0061] “the following condition can also be satisfied: 0.70<TL/f<1.0”, which laps the claimed range. It has been held in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); see MPEP 2144.05. Therefore, it would be prima facie obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for one to choose TL/f inside of the lapped portion of the ranges since Chen teaches it falls within the preferred range that is favorable for effectively increasing flexibility in the size configuration of the optical lens system, thereby becoming more applicable regarding many requirements (paragraph [0028]).
Allowable Subject Matter
Claims 3, 12 and 27 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.
The following is a statement of reasons for the indication of allowable subject matter, upon filing a terminal disclaimer: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to claim 3 none of the prior art either alone or in combination disclose or teach of the claimed imaging optical lens assembly specifically including, as the distinguishing features in combination with the other limitations, satisfying 0.90 < TL/ImgH < 1.35. For example, the nearest art Chen example 5 TL/ImgH=1.41.
Specifically, with respect to claim 12 none of the prior art either alone or in combination disclose or teach of the claimed imaging optical lens assembly specifically including, as the distinguishing features in combination with the other limitations, the second and sixth lens elements being negative. For example, the nearest art Chen examples 4-5, at least fails to have a negative sixth lens element.
Specifically, with respect to claim 27 none of the prior art either alone or in combination disclose or teach of the claimed imaging optical lens assembly specifically including, as the distinguishing features in combination with the other limitations, the fifth lens element being positive, and an axial distance between the eighth lens element and the ninth lens element is larger than a central thickness of the ninth lens element. For example, the nearest art Chen example 5, at least fails to have a positive fifth lens element.
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 George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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/George G. King/Primary Examiner, Art Unit 2872 January 18, 2026
1 The first digit in the number indicates the example number, i.e. 110 is the first lens in the first example, 210 is the first lens in the second example, etc. For brevity the first digit is replaced by an x to cover all examples referenced.