Prosecution Insights
Last updated: April 19, 2026
Application No. 18/438,990

OPTICAL ELEMENT, OPTICAL APPARATUS, AND METHOD FOR MANUFACTURING OPTICAL ELEMENT

Non-Final OA §102
Filed
Feb 12, 2024
Examiner
TALLMAN, ROBERT E
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Canon Kabushiki Kaisha
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
613 granted / 753 resolved
+13.4% vs TC avg
Moderate +15% lift
Without
With
+14.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
782
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
34.4%
-5.6% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 753 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 2/12/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-18 are rejected under 35 U.S.C. 102(a1) as being anticipated by Tazawa et. al. (US 2015/0062712 A1). Regarding claim 1 Tazawa teaches (Figs. 11 and 16-17) an optical element comprising: an uneven structure including a plurality of convex portions (21) on at least part of an optical surface (1) (para. 0129 lines 1-8), where the plurality of convex portions includes a first convex portion and a second convex portion arranged closer to a center of the optical surface than the first convex portion (para. 0176), where a shape of the first convex portion as viewed from a normal direction of the first convex portion has a length r₁ in a first direction from the center of the optical surface toward an end of the optical surface and a length r₂ in a second direction intersecting the first direction (para. 0176), where a shape of the second convex portion as viewed from a normal direction of the second convex portion has a length r3 in a third direction from the center of the optical surface toward the end of the optical surface and a length r4 in a fourth direction intersecting the third direction (para. 0176), and where the following relationships are satisfied: r₁ > r₂, r₃ ≥ Γ₄, r₁ > r₃, and r₂ < r4 (para. 0176, lines 6-11). Regarding claim 2 Tazawa teaches (Figs. 11 and 16-17) an optical element where the plurality of convex portions include a concave portion corresponding to a portion between each two adjacent convex portions to form a plurality of concave portions included with the uneven structure (para. 0176), where the plurality of concave portions includes a first concave portion and a second concave portion arranged closer to the center of the optical surface than the first concave portion (para. 0176), wherein a shape of the first concave portion as viewed from a normal direction of the first concave portion has the length ['₁ in the first direction from the center of the optical surface toward the end of the optical surface and the length r₂ in the second direction intersecting the first direction (para. 0176), wherein a shape of the second concave portion as viewed from a normal direction of the second concave portion has the length r₃ in the third direction from the center of the optical surface toward the end of the optical surface and the length r4 in the fourth direction intersecting the third direction, and where the following relationships are satisfied: r₁ > r2, r₃ ≥ 14, r₁ > r3, and r₂ < r4 (para. 0176, lines 6-11). Regarding claim 3 Tazawa teaches (Figs. 11 and 16-17) an optical element, where a distance between adjacent convex portions among the plurality of convex portions is shorter than a wavelength of light incident on the optical surface (para. 0130). Regarding claim 4 Tazawa teaches (Figs. 11 and 16-17) an optical element, where an area of a bottom surface of a convex portion having a largest area among areas of bottom surfaces of the plurality of convex portions is 1.0 times or more and 1.4 times or less an area of a bottom surface of a convex portion having a smallest area among the areas of the bottom surfaces of the plurality of convex portions (para. 0176). Regarding claim 5 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the length r₁ is longer than 1.0 times the length r2 and 1.4 times or less the length r2 (para. 0176). Regarding claim 6 Tazawa teaches (Figs. 11 and 16-17) an optical element, where an outer edge of the optical surface is circular, and the lengths r2 and r4 are lengths in a circumferential direction of the optical surface (para. 0176). Regarding claim 7 Tazawa teaches (Figs. 11 and 16-17) an optical element, where a shape of the first convex portion as viewed from a normal direction of the optical surface is an elliptical shape (para. 0176). Regarding claim 8 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the plurality of convex portions is arranged in a staggered manner (see fig. 1C). Regarding claim 9 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the length r₁ is equal to or less than 380 nanometers (nm) (para. 0130). Regarding claim 10 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the optical element is made of a material containing a resin (para.0019). Regarding claim 11 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the resin is (i) one resin selected from a group consisting of cycloolefin polymer resin, polycarbonate resin, polystyrene resin, and acrylic resin, or is (ii) a mixture of two or more resins selected from the group consisting of cycloolefin polymer resin, polycarbonate resin, polystyrene resin, and acrylic resin (para. 0019). Regarding claim 12 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the optical surface includes a curved surface (para. 0058). Regarding claim 13 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the optical element is a lens (para. 0058). Regarding claim 14 Tazawa teaches (Figs. 11 and 16-17) an optical element comprising: an uneven structure including a plurality of convex portions on at least part of an optical surface (para. 0129 lines 1-8), where the plurality of convex portions includes a first convex portion and a second convex portion arranged closer to a center of the optical surface than the first convex portion (para. 0176), where a shape of the first convex portion as viewed from a normal direction of the optical surface has an oblateness that is higher than an oblateness of a shape of the second convex portion as viewed from the normal direction of the optical surface (para. 0176). Regarding claim 15 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the optical element is a lens (L3); and a lens barrel that houses the optical element (para. 0176 and 0289). Regarding claim 16 Tazawa teaches (Figs. 11 and 16-17) an optical element, where the optical apparatus is a camera; and a lens barrel that houses the optical element (para. 0176 and 0289). Regarding claim 17 Tazawa teaches (Figs. 11 and 16-17) an optical element, where a method for manufacturing the optical element according to claim 1, comprising: forming a cavity with a mold having a surface on which an uneven structure corresponding to the uneven structure is formed; and injecting a resin into the cavity to mold the optical element (para. 0115). Regarding claim 18 Tazawa teaches (Figs. 11 and 16-17) an optical element comprising: an uneven structure including a plurality of concave portions (21) on at least part of an optical surface (1) (para. 0129 lines 1-8), where the plurality of concave portions includes a first concave portion and a second concave portion arranged closer to a center of the optical surface than the first concave portion (para. 0176), where a shape of the first concave portion as viewed from a normal direction of the first concave portion has a length r₁ in a first direction from the center of the optical surface toward an end of the optical surface and a length r₂ in a second direction intersecting the first direction (para. 0176), where a shape of the second concave portion as viewed from a normal direction of the second concave portion has a length r3 in a third direction from the center of the optical surface toward the end of the optical surface and a length in a fourth direction intersecting the third direction, and where the following relationships are satisfied: r₁ > r2, r₃ ≥ 14, r₁ > r3, and r2 < r4 (para. 0176, lines 6-11). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further antireflective surface structures are taught in Matasuo et. al. (US 2005/0219353 A1) and Kurihara et. al. (US 2010/0055397 A1). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E TALLMAN whose telephone number is (571)270-3958. The examiner can normally be reached Monday-Friday 10 a.m. -6 p.m.. 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. /Robert E. Tallman/ Primary Examiner, Art Unit 2872
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Prosecution Timeline

Feb 12, 2024
Application Filed
Jan 09, 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
81%
Grant Probability
96%
With Interview (+14.9%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 753 resolved cases by this examiner. Grant probability derived from career allow rate.

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