Prosecution Insights
Last updated: April 19, 2026
Application No. 18/460,552

IMAGING OPTICAL SYSTEM

Non-Final OA §103
Filed
Sep 03, 2023
Examiner
JONES, JENNIFER ANN
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nextlens Switzerland AG
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
88%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
46 granted / 66 resolved
+1.7% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
20 currently pending
Career history
86
Total Applications
across all art units

Statute-Specific Performance

§103
60.4%
+20.4% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 66 resolved cases

Office Action

§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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) was submitted on 09/03/2023. 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 Objections Claim 12 is objected to because of the following informalities: “imaging optical system according (1)” in line 1 of claim 12 should be “imaging optical system (1) according” “the second folding element (6)” in line 3 of claim 12 should be “the first folding element (6)”. “the second folding element (7)” in line 5 of claim 12 should be “the first folding element (6)”. “the second folding element (8’7) in lines 6-7 of claim 12 should be “the second folding element (7)”. Appropriate correction is required. 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. Claims 1-2, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cheo et al., US 2015/0316748 A1 (hereinafter referred to Cheo). As to claim 1, Cheo teaches an imaging optical system (1) (Cheo, Fig. 8, paragraph [0095], “zoom lens system”) with a tunable optical component (5) (Cheo, Fig. 8, 804, paragraph [0097], varifocal lens 804), which comprises a first optical surface (9) (Cheo, Fig. 8, 804, the first optical surface of the varifocal lens 804 is the surface facing the window as shown in figure 8), a second optical surface (10) (Cheo, Fig. 8, 804, the second optical surface of the varifocal lens 804 is the surface facing the prism 802 as shown in figure 8) and a deformable internal space (11) between the first optical surface (9) and the second optical surface (10) (Cheo, Fig. 8, 804, paragraph [0103], the varifocal lens can be a liquid lens, thus has a deformable internal space), which internal space (11) is filled with a transparent liquid (12) (Cheo, Fig. 8, 804, paragraph [0103], the varifocal lens can be a liquid lens, thus the internal space is filled with transparent liquid), and wherein an optical property of the tunable optical component (5) is adjustable by altering a shape of the internal space (11) (Cheo, Fig. 8, 804, paragraph [0112], an actuator group actuates the varifocal lens changing the optical power of the liquid lens), and with a first folding element (6) (Cheo, Fig. 8, 802, paragraph [0097], a prism 802), and with a second folding element (7) that is arranged in series with the tunable optical component (5) and the first folding element (6) within an optical path (4) of the imaging optical system (1) (Cheo, Fig. 8, 808, paragraph [0097], another prism 808 is used to bend the light, as can be seen in figure 8 the second folding element is arranged in series with the tunable optical component 804 and the first folding element 802 within an optical path). The current embodiment of Cheo does not teach the imaging optical system with a first folding element which is mechanically coupled to the tunable optical component (5) such that a relative displacement between the first folding element (6) and the tunable optical component (5) causes a change of the optical property of the tunable optical component (5). However, in the same field of endeavor an alternate embodiment of Cheo teaches the imaging optical system with the first folding element (6) which is mechanically coupled to the tunable optical component (5) such that a relative displacement between the first folding element (6) and the tunable optical component (5) causes a change of the optical property of the tunable optical component (5) (Cheo, Fig. 15, paragraph [0106], the prism and varifocal lens element are combined, the prism can be molded with a freeform surface allowing additional gap space between the varifocal lens surface to be removed). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the imaging optical system of Cheo with the first folding element (6) which is mechanically coupled to the tunable optical component (5) such that a relative displacement between the first folding element (6) and the tunable optical component (5) causes a change of the optical property of the tunable optical component (5) of an alternate embodiment of Cheo, because the size of the optical system can be further reduced (Cheo, paragraph [0106]). As to claim 2, Cheo teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cheo further teaches the imaging optical system (1) according to claim 1, with an image sensor (8) that is arranged within the optical path (4) (Cheo, Fig. 8, 810, paragraph [0097], the CMOS detector 810), wherein the tunable optical component (5) and the image sensor (8) are essentially arranged parallel to each other (Cheo, Fig. 8, 804, 810, “the detector is placed on the same side as the entrance of the optical system,” thus the tunable optical component 804 and the image sensor 810 are arranged parallel to each other) and wherein the optical path (4) is preferably folded by essentially 180° (Cheo, Fig. 8, 802, 808, paragraph [0097], “a prism 802 is placed… to bend the optical path 90 degrees and another prism 808 is used to bend the light an additional 90 degrees before reaching the detector”). As to claim 11, Cheo teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cheo further teaches the Imaging optical system (1) according to claim 1, wherein the first folding element (6) and/or the second folding element (7) is a rigid prism or a mirror (Cheo, Fig. 8, 802, 808, paragraph [0097], “a prism 802… and another prism 808”). As to claim 14, Cheo teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cheo further teaches the Imaging optical system (1) according to claim 1, wherein a depth of the imaging system (1) is not larger than 7.2 mm (Cheo, paragraph [0050], “a z-height of no more than 6 mm is achieved, and a z-height in the range of 4-7 mm can be achieved”). Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Cheo et al., US 2015/0316748 A1 (hereinafter referred to Cheo) as applied to claim 1 above, and further in view of Smolka et al., US 2020/0355910 A1 (referenced in the IDS dated 09/03/2023 and hereinafter referred to Smolka). As to claim 3, Cheo teaches all the limitations of the instant invention as detailed above with respect to claim 1. Cheo does not teach the imaging optical system (1) according to claim 1, wherein the first folding element (6) is moveably mounted with respect to the tunable optical component (5), with an actuator (15) comprising a magnet (22) and a coil (21), wherein the magnet (22) is mechanically coupled to the tunable optical element (5) and the coil (21) is mechanically coupled to the first folding element (6) and wherein the coil (21) and the magnet (22) interact such that an electric current in the coil (21) causes a relative displacement between the first folding element (6) and the tunable optical component (5) in order to change the optical property of the tunable optical component (5). However, in the same field of endeavor Smolka teaches an imaging optical system (1) (Smolka, paragraph [0103], “folded camera system”) with a tunable optical component (5) (Smolka, Fig. 1, 1, paragraph [0155], “tunable prism 1”), which comprises a first optical surface (9) (Smolka, Fig. 1, 11, paragraph [0155], “first surface 11”), a second optical surface (10) (Smolka, Fig. 1, 12, paragraph [0155], “second surface 12”) and a deformable internal space (11) between the first optical surface (9) and the second optical surface (10) (Smolka, Fig. 1, 10, 101, 102, paragraph [0160], “the container 10 comprises a first transparent and elastically deformable membrane 101 and a second transparent and elastically deformable membrane 102,” Fig. 5, 2, W, paragraph [0162], “prism shapers… permit tilting the respective optical element 20, 30 which deforms the member 10 to yield the desired angle W”), which internal space (11) is filled with a transparent liquid (12) (Smolka, Fig. 1, 2, paragraph [0155], “an optical medium 2 arranged between the two surfaces 11, 12 such that light L… passes through the optical medium 2,” paragraph [0160], “member 10 can be a container filled with the optical medium (e.g. a liquid or a gel) 2”), and wherein an optical property of the tunable optical component (5) is adjustable by altering a shape of the internal space (11) (Smolka, Fig. 7, W, U, paragraph [0162], “prism shapers… permit tilting the respective optical element 20, 30 which deforms the member 10 to yield the desired angle W. This angle W together with the refractive index of the optical medium 2 generates an optical deflection angle U of the deflected light beam L”), and with a first folding element (6) (Smolka, Fig. 20, 20, paragraph [0196], “the first rigid optical element 20 is a rigid prism”), which is mechanically coupled to the tunable optical component (5) such that a relative displacement between the first folding element (6) and the tunable optical component (5) causes a change of the optical property of the tunable optical component (5) (Smolka, Fig. 20, paragraph [0103], the rigid prism is joined directly to the tunable prism,” paragraph [0127], “with the rigid first optical element (for example rigid prism) coupled to the device, the rigid second optical element can be tilted with respect to the rigid first optical device”), wherein the first folding element (6) is moveably mounted with respect to the tunable optical component (5) (Smolka, Figs. 24 and 25, paragraph [0127], “with the rigid first optical element (for example rigid prism) coupled to the device, the rigid second optical element can be tilted with respect to the rigid first optical device by means of the at least one actuator,” paragraph [0209], “the tunable prism 1 can comprise a t least one actuator… to tilt the rigid second optical element 30 with respect to the rigid first optical element/rigid prism”), with an actuator (15) comprising a magnet (22) and a coil (21) (Smolka, Figs. 24 and 25, S1, S2, S3, S4, paragraph [0209], actuators S1, S2, S3, S4 are moving magnet type VCM actuators), wherein the magnet (22) is mechanically coupled to the tunable optical element (5) and the coil (21) is mechanically coupled to the first folding element (6) (Smolka, Figs. 29A to 29C, 80, 70, paragraph [0217], “the magnets 80 are connected to the rigid second optical element 30 and the electrical coils 70 are connected to the rigid first optical element 20”) and wherein the coil (21) and the magnet (22) interact such that an electric current in the coil (21) causes a relative displacement between the first folding element (6) and the tunable optical component (5) in order to change the optical property of the tunable optical component (5) (Smolka, Figs. 29A to 29C, 80, 70, “respective actuator S1, S2 comprises a magnet 80 and an opposing electrical coil 70 to generate a Lorentz force when an electrical current is applied to the respective electrical coil 70 for tuning said angle of the tunable prism by tilting the rigid first or rigid second optical element 30”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the imaging optical system of Cheo with the tunable prism wherein the first folding element (6) is moveably mounted with respect to the tunable optical component (5), with an actuator (15) comprising a magnet (22) and a coil (21), wherein the magnet (22) is mechanically coupled to the tunable optical element (5) and the coil (21) is mechanically coupled to the first folding element (6) and wherein the coil (21) and the magnet (22) interact such that an electric current in the coil (21) causes a relative displacement between the first folding element (6) and the tunable optical component (5) in order to change the optical property of the tunable optical component (5) of Smolka, because doing so tunes the angle between the surface areas of the optical elements, which allows deflecting light entering the tunable prism in an adjustable fashion (Smolka, paragraph [0111]). As to claim 10, Cheo in view of Smolka teaches all the limitations of the instant invention as detailed above with respect to claim 3. Cheo does not teach the Imaging optical system (1) according to claim 3, wherein the coil (21) is arranged on a printed circuit board, preferably a folded printed circuit board that comprises an electrical connector. However, in the same field of endeavor Smolka teaches a tunable prism wherein the coil (21) is arranged on a printed circuit board, preferably a folded printed circuit board that comprises an electrical connector (Smolka, Figs. 29A to 29C, 70, paragraph [0220], “the respective electrical coil 70 is integrated into a printed circuit board”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the imaging optical system of Cheo with the tunable prism wherein the coil (21) is arranged on a printed circuit board, preferably a folded printed circuit board that comprises an electrical connector of Smolka, because tunes the angle between the surface areas of the optical elements, which allows deflecting light entering the tunable prism in an adjustable fashion (Smolka, paragraph [0111]). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cheo et al., US 2015/0316748 A1 (hereinafter referred to Cheo), and further in view of Goldenberg et al., US 2024/0418967 A1 (hereinafter referred to Goldenberg). As to claim 15, Cheo teaches all the limitations of the instant invention as detailed above with respect to claim 2. Cheo does not teach the imaging optical system (1) according to claim 2, wherein the imaging sensor (8) has a width of at least 6 mm. However, in the same field of endeavor Goldenberg teaches an imaging optical system (1) (Goldenberg, Fig. 8, 800, paragraph [0133], optical lens system 800), wherein the imaging sensor (8) (Goldenberg, Fig. 8, 206, paragraph [0091], “image sensor 206”) has a width of at least 6 mm (Goldenberg, Table 14, 800 column, row SD shows the Image sensor diagonal is 8.00 mm, row HSensor shows the Sensor height is 4.80 mm, these parameters give a sensor width of 6.40 mm). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the imaging optical system (1) of Cheo wherein the imaging sensor (8) has a width of at least 6 mm of Goldenberg, because it is beneficial for incorporating in slim mobile devices such as smartphones and tablets (Goldenberg, paragraph [0095]). Allowable Subject Matter Claims 4-9 and 12-13 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. As to claim 4, Cheo in view of Smolka teaches all the limitations of the instant invention as detailed above with respect to claim 3, and Cheo further teaches a transparent element (13), particularly a glass window, that is essentially flat and is attached to the tunable component (5) (Cheo, Fig. 8, Window, paragraph [0097], “entrance window”). Smolka teaches a tunable prism with a lens shaping element (14) that comprises a circumferential edge (Smolka, Fig. 1, 13, paragraph [0160], “the two membranes 101, 102… are connected via a circumferential lateral wall 13”), which at least partially extends around the optical path (4) (Smolka, Fig. 1, 13, paragraph [0160], “circumferential lateral wall 13,” figure 1 shows the circumferential lateral wall 13 extend around the optical path O) and is designed to interact with the first optical surface (9) of the tunable optical component (5) (Smolka, Fig. 1, 13, 101, paragraph [0160], the deformable membrane 101 is connected to the circumferential lateral wall 13). However, the prior art fails to teach or reasonably suggest the imaging optical system with a transparent element (13) (), particularly a glass window, that is essentially flat and is attached to the second optical surface (10) of the tunable component (5) and the first folding element (6) () and wherein the lens shaping element (14) is mechanically coupled to the magnet (22) and the transparent element (13) is mechanically coupled to the coil (21), such that the electric current causes a displacement of the transparent element (13) with respect to the lens shaping element (14) in order to change the optical property of the tunable optical component (5), in combination with other limitations of claim 3. Claims 5-9 are dependent on claim 4 and are allowable over the prior art of record for at least the same reasons as claim 4. As to claim 12, Cheo teaches all the limitations of the instant invention as detailed above with respect to claim 1, Cheo does not teach the imaging optical system according (1) to claim 1 wherein the second folding element (7) is moveably mounted with respect to the tunable optical component (5) and the second folding element (6), and wherein a second actuator (17) is designed to move the second folding element (7) with respect to the tunable optical component (5) and the second folding element (7), and wherein the second actuator (17) is designed to tilt the second folding element (7). Bachar teaches an imaging optical system (1) (Bachar, Figs. 3A-3C, 300, paragraph [0029], double-folded camera (DFC) 300) with an optical component (5) (Bachar, Figs. 3A-3C, 304, paragraph [0029], “lens element 304”), and with a first folding element (6), which is mechanically coupled to the optical component (5) (Bachar, Figs. 3A-3C, 302, paragraph [0029], “a folded lens 302”), and with a second folding element (7) that is arranged in series with the tunable optical component (5) and the first folding element (6) within an optical path (4) of the imaging optical system (1) (Bachar, Figs. 3A-3C, 106, paragraph [0029], second optical path folding element (OPFE) 106), wherein the second folding element (7) is moveably mounted with respect to the tunable optical component (5) and the second folding element (6) (Bachar, Figs. 3A-3C, 106, paragraph [0029], second OPFE 106 may be shifted with the same direction and same optical effects as in DFC 100, paragraph [0026], “second OPFE 106 may be also actuated in the X direction”). However, the prior art fails to teach or reasonably suggest the imaging optical system wherein a second actuator (17) is designed to move the second folding element (7) and the second actuator (17) is designed to tilt the second folding element (7) in combination with other limitations of claim 12. Claim 13 is dependent on claim 12 and are allowable over the prior art of record for at least the same reasons as claim 12. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A JONES whose telephone number is (703)756-4574. The examiner can normally be reached Monday - Friday 8 AM - 5 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, Thomas Pham can be reached at 571-272-3689. 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. JENNIFER A JONES Examiner Art Unit 2872 /JENNIFER A JONES/Examiner, Art Unit 2872 /COLLIN X BEATTY/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Sep 03, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
88%
With Interview (+18.6%)
3y 5m
Median Time to Grant
Low
PTA Risk
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