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
The information disclosure statement (IDS) submitted on 11/03/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: “a first optical element based on a ZnS optical material” and “a second lens element based on the ZnS material” are unconventional and lacks clarity. Specifications [0007]-[0008] provides clear language in reciting “first optical element … is made using Zinc Sulphide (ZnS)” and “is also made from ZnS optical material”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-20 are 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.
Claim 1 recites “… an opposing flat surface of the flat window faces a curved focal plane, and wherein the curved focal plane is characterized by a concave radius of curvature of roughly 52.5 mm”. The above identified phrasing does not clearly define the metes and bounds of the claimed invention because (1) the curved focal plane is not clearly tied to optical elements in the claim and (2) a focal plane is described as “curved” and with a “radius of curvature of roughly 52.5mm”. From the Specifications, the first optical element, the second lens unit, and the flat window together form a curved, focused image on a surface not a “plane”. A review of the field of endeavor shows that use of “plane” in describing the geometry of the focused image is unconventional and thus the claim does not clearly define the invention. Examiner recommends changing the “curved focal plane” to “curved focal surface” or “curved image surface”. Additionally, the claim does not tie the curved focal surface to the first optical element and the second lens unit but rather only relates the curved focal surface to a side of the flat window. Examiner recommends the following amendment to clearly limit the claimed optical system to provide the curved focal surface: “wherein, the first optical element and the second lens unit combine to form a curved focal surface and an opposing flat surface of the flat window faces [[a]] the curved focal surface [[plane]], and wherein the curved focal surface [[plane]] is characterized by a concave radius of curvature of roughly 52.5 mm to obviate a need to correct field flatness aberrations”. Claim 12 recites analogous language and is indefinite on the same grounds. Dependent claims 2-11 and 13-20 fail to remedy the deficiencies of the base claims.
Claims 2 and 3 recite “z is a surface sag, c is a curvature, r is a radial height above an optical axis, k is a conic constant, and a1,a2,a3,a4, as,a6, and a7 are aspheric coefficients”. This language provides an equation that defines an aspheric lens profile, though without antecedence it is unclear how the variables related to the claimed structure. For example, it would be clear and conventional to claim “z is the aspheric surface sag from a plane perpendicular to the optical axis tangent to the aspheric surface” or at least “z is the aspheric surface sag”. The metes and bounds of the claimed invention are indefinite for failing to clearly limit the base claim.
Claim 5 recites “said ZnS optical material is an infrared transmitting material based on Zinc Sulphide”. The language does not clearly define the material embodiment captured in the claim and raises questions as to the clarity of the base claim reciting “a first optical element based on a ZnS optical material”. The Specification only discloses ZnS as a lens material and it is unclear whether this claim seeks to extend the scope of the material embodiment to other crystalline mixtures or merely to clarify that the lens material is infrared transmitting. For the latter, the claim would not be further limiting of the base claim as it merely states an inherent material property already within the scope of the base claim through requiring ZnS as the lens material. Examiner recommends canceling the claim.
Claim 8 recites “the curved focal plane” as addressed above and is indefinite on previously-identified grounds.
Claim 12 recites “using the optical system according to claim 1 … directing distant light rays toward … a first surface of a first optical element … a second surface of the first optical element … a second lens element … a second surface of said second lens element … a flat window … a curved focal plane”. In other words, while there the claim relies on antecedent basis of the optical system in Claim 1, the language does not further limit the elements referenced in the antecedence. The metes and bounds of the claimed invention cannot be determined as the claim neither clearly references the optical system of Claim 1 nor provides for a second optical system with further first and second optical lenses and a further flat window.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8-9, 12-15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 8 recites “said optical system is an infrared objective lens arrangement suitable for use with an uncooled infrared bolometer having a curved focal plane” which merely states an inherent property required by the previously recited material embodiment (ZnS). This claim does not limit the system as providing an infrared source but only limits the previously recited structure by describing the system as by an inherent function of the lens material.
Claim 12 recites “using the optical system according to claim 1 … directing distant light rays toward … a first surface of a first optical element … a second surface of the first optical element … a second lens element … a second surface of said second lens element … a flat window … a curved focal plane”. In other words, while there the claim relies on antecedent basis of the optical system in Claim 1, the language does not further limit the elements referenced in the antecedence of the base claim. Further, Claims 13-15 only limit the structure of the first optical element, the second lens element, and “the curved focal plane” with language already required in the base claim and thus the language does not further limit the invention.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Pertinent Art
US Pat. No. 5,978,132 to Ulrich discloses two ZnS lenses each with two aspherical surfaces and each with a diffractive overlay and a flat window. Ulrich does not disclose limitations on the diameter of the lenses and the curvature of the focused image surface.
US Pat. 6999243 to Chipper discloses a multi-lens system comprised of plural aspherical surfaces and plural diffractive surfaces for chromatic aberration compensation. Lenses may be embodied as ZnS material. Chipper does not disclose the particular limitations on which surfaces are aspherical and which are diffractive, the lens diameters, and the curvature of the focused image surface.
EP 2034344 to Izumi, et al. discloses ZnS lenses each with two aspherical surfaces and diffractive overlays, and a flat window. Ulrich does not disclose limitations on the diameter of the lenses and the curvature of the focused image surface.
US PG Pub. 20150301317 to Watanabe et al. discloses an embodiment (Fig. 64; Table 37) with three aspherical and diffractive lenses with a chalcogenide glass material and the claimed diameters. Further, Watanabe and contemplates ZnS as a lens material but fails to disclose a structural configuration for providing a curved focal surface.
“Cryogenic solid Schmidt camera as a base for future wide-field IR systems” to Yudin, et al. discloses a chalcogenide glass lens system providing a curved focused image surface with a concave radius of curvature of roughly -20mm.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, taken alone or in combination with other references, neither teaches nor suggests an optical system, comprising a first optical element made of ZnS having a diameter of at least 28 mm, wherein a first surface of the first optical element has an aspherical, and wherein a second surface of the first optical element has a hybridized surface profile of an aspheric base curvature with an overlaid diffractive pattern; a second lens element made of ZnS having a diameter of at least 30.5 mm, wherein a first surface of the second lens element has an aspherical curvature, and wherein a second surface of the second lens element has a hybridized surface profile of an aspheric base curvature with an overlaid diffractive pattern; and a flat window disposed to have a first flat surface of the flat window face the second surface of the second lens element, wherein, the first optical element and the second lens unit combine to form a curved focal surface and an opposing flat surface of the flat window faces the curved focal surface, and wherein the curved focal surface is characterized by a concave radius of curvature of roughly 52.5 mm to obviate a need to correct field flatness aberrations (Claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F.
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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.
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/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872