CTFR 18/464,389 CTFR 99494 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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. Response to Arguments 07-37 AIA Applicant's arguments filed 2/26/2026 have been fully considered but they are not persuasive. 07-37-04 AIA In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine , 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones , 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc. , 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Tanaka teaches an aperture stop St as labeled in Figure 8 and stated in para. 0074, but does not specify an aperture diameter anywhere in the disclosure. Therefore, modifying Tanaka using the aperture diameter that Yuki teaches would not render Tanaka unsatisfactory for its intended purpose of aberration correction, as Tanaka does not state an aperture diameter which teaches away from the claims or the diameter taught by Yuki . Claim Rejections - 35 USC § 103 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-21-aia AIA Claim s 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka et. al US 20200310086 (hereinafter “Tanaka” of record) in view of Yuki US 20200379222 (hereinafter “Yuki” of record) as evidenced by Interactive Abbe Diagram – N-Lak8 (hereinafter “N-Lak8” of record) and Interactive Abbe Diagram – N-Lak34 (hereinafter “N-Lak34” of record) . Regarding claim 1 , Tanaka teaches a zoom lens in which a distance between adjacent lens units changes during zooming (Tanaka fig. 8 – G2-G4 move during zooming, see the arrows provided below also para. 0062 and 0074), the zoom lens comprising, in order from an object side to an image side: a first lens unit fixed during zooming and having positive refractive power (Tanaka fig. 8 – G1 is positive and fixed during zooming, see also para. 0062 and 0074); three or more moving lens units movable during zooming (Tanaka fig. 8 – G2-G4 move during zooming, see also para. 0062 and 0074); and a final lens unit fixed during zooming and having positive refractive power (Tanaka fig. 8 – G5 is positive and fixed during zooming, see also para. 0062 and 0074), wherein at least part of the first lens unit (G1) moves during focusing (Tanaka para. 0062 and 0074), wherein the final lens unit includes a first lens having positive refractive power (Tanaka fig. 8 –G5 has a first lens having positive refractive power), wherein the zoom lens further comprises an aperture stop (Tanaka fig. 8 – St, see also para. 0074), and 0.3≤ dr/fr≤ 1.5 (Tanaka table 10B, where dr ≈ 58.1 and fr ≈ 98.8 as calculated, so dr/fr ≈ 0.6 as calculated). Tanaka further teaches a first lens having positive refractive power L56 made of N-LAK34, which has a refractive index of 1.72916 which lies within the claimed range of 1.60≤ ngp≤ 1.73. To better fit the necessary requirements of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date to use the lens material N-LAK8 instead of N-LAK34, since it has been held to be within the ordinary skill in the art to select a known material on the basis of its suitability for the intended use. Sinclair and Carroll Co. v. Interchemical Corp. 65 USPQ 297 (1945). Therefore, using a lens made of the material N-LAK8 with a refractive index of 1.71300, the following inequalities are satisfied: 1.60≤ ngp≤ 1.73 (N-LAK8 – the first positive lens of Tanaka now has ngp = 1.71300) 4.1× 10 - 6 ≤dndTp ≤12.0× 10 - 6 (N-LAK8 dndTp is a value between 4.1 and 5.0, which is an overlapping range made prima facie obvious (MPEP §2144.05)) 1.90 ≤ngp+ 0.0046 ×vgp (N-LAK8 provides ngp = 1.71300 and vgp = 53.83, therefore ngp+0.0046*vgp ≈ 1.96 as calculated) 0.3≤ dr/fr≤ 1.5 (Tanaka table 10B and N-LAK8, where dr ≈ 53.8 and fr ≈ 111.4 as calculated, so dr/fr ≈ 0.5 as calculated). where ngp is a refractive index of the first lens for d-line, vgp is an Abbe number of the first lens based on the d-line, dndTp is a temperature coefficient of the refractive index of the first lens for the d-line from 20° C. to 40° C., dr is a distance on an optical axis from a lens surface closest to an object to a lens surface closest to the image plane in the final lens unit, and fr is a focal length of the final lens unit. Tanaka teaches an aperture St, however Tanaka does not specify an aperture diameter. In the same field of endeavor, Yuki teaches further comprising an aperture stop (Yuki fig. 5 - SP), wherein the following inequality is satisfied: 1.00 ≤fr/Dopen ≤2.4 (Yuki para. 0115 pages 9-10 – fr = 33.69 and Dopen = 28.75, so fr/Dopen ≈ 1.2) where Dopen is an aperture diameter in an fully open state of the aperture stop for the purpose of obtaining a shallower depth of field (Yuki para. 0002). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a value for fr/Dopen within the claimed range in order to obtain a shallower depth of field (Yuki para. 0002). Regarding claim 2 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the final lens unit (L5) includes a second lens having positive refractive power (Tanaka fig. 8 – first lens closest to the object side of L5, see also table 10B), and where the following inequalities are satisfied: 62≤ νud (Tanaka table 10B – L51 has vud = 95.1) 0.640 ≤θgFud +0.001625× νud≤ 0.700 (Tanaka table 10B for L51 – θgFud +0.001625× νud ≈ 0.688) where νud is an Abbe number of the second lens based on the d-line, and θgFud is a partial dispersion ratio of the second lens for g-line and F-line. Regarding claim 3 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the first lens is included in the final lens unit (Tanaka fig. 8 and table 10B – L51 is in G5). Regarding claim 4 , Tanaka and Yuki teach the zoom lens according to claim 2, and Tanaka further teaches wherein the first lens is disposed closer to the image plane than the second lens (Tanaka fig. 8 and table 10B – L51 closest to the object side in G5 than G56). Regarding claim 6 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches further comprising an aperture stop (Tanaka fig. 8 - St), wherein the aperture stop moves during zooming (Tanaka fig. 8 – St moves with G4 during zooming). Regarding claim 7 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the three or more moving lens units (G2-G4) include three or four lens units (Tanaka fig. 8 – G2-G4 is three lens units). Regarding claim 8 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the first lens unit (G1) includes five or more lenses (Tanaka fig. 8 – G1 has more than five lenses). Regarding claim 9 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the final lens unit (G5) includes three or more lenses (Tanaka fig. 8 – G5 has more than three lenses). Regarding claim 10 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the final lens unit (G5) includes ten or less lenses (Tanaka fig. 8 – 9 lenses counting every lens including those part of cemented components). Regarding claim 11 , Tanaka and Yuki teach the zoom lens according to claim 2, and Tanaka further teaches wherein the second lens consists of a single lens in the final lens unit (Tanaka fig. 8 – L51 is the first lens of G5 – a single lens). Regarding claim 12 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the following inequality is satisfied: 1.0≤ f1/fw≤ 10.0 (Tanaka table 16 – fw/f1 = 0.389 for example 4, or f1/fw ≈ 2.6) where f1 is a focal length of the first lens unit, and fw is a focal length at a wide-angle end of the zoom lens. Regarding claim 13 , Tanaka and Yuki teach the zoom lens according to claim 1. Tanaka further teaches wherein ft/f1 ≈ 1.3 as calculated from tables 10B and 16, which lies just outside the claimed range of 0.3≤ ft/f1≤ 1.2 where ft is a focal length at a telephoto end of the zoom lens. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the claimed range of 0.3≤ ft/f1≤ 1.2, since a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art, but are merely close that one of ordinary skill in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner 227 USPQ 773 (Fed. Cir. 1985); MPEP 2144.05. Regarding claim 14 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the moving lens unit (G2-G4) has two or more lens units each having negative refractive power (Tanaka para. 0062 and 0074 – G2 and G3 in example 4). Regarding claim 15 , Tanaka and Yuki teach the zoom lens according to claim 1, and Tanaka further teaches wherein the following inequality is satisfied: −0.5 ≤dndTpave ≤4.0 (Tanaka fig. 8 – lenses L51-L53, L55-L56, and L59 are all positive lenses in the final lens group, the average of their temperature coefficients of the refractive index for the d-line from 20° C. to 40° C. create a range from 0.1 to 0.2 for dndTpave average values, which is a range made prima facie obvious (MPEP §2144.05)) where dndTpave is an average temperature coefficient of the refractive index for the d-line from 20° C. to 40° C. of lenses having positive refractive power included in the final lens unit. Regarding claim 16 , Tanaka and Yuki teach an image pickup apparatus comprising: the zoom lens according to claim 1 (see Tanaka rejection above for claim 1); and an image sensor configured to image an object through the zoom lens (Tanaka para. 0021 and 0078-0081 – imaging element) . 07-21-aia AIA Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wakazono et. al US 20150131164 (hereinafter “Wakazono”) in view of Yuki US 20200379222 (hereinafter “Yuki” of record) as evidenced by Interactive Abbe Diagram – N-Lak8 (hereinafter “N-Lak8” of record) and Map Data – S-LAL14 (hereinafter “S-LAL14”) . Regarding claim 17 , Wakazono teaches a zoom lens in which a distance between adjacent lens units changes during zooming (Wakazono fig. 7, see also para. 0096), the zoom lens comprising, in order from an object side to an image side: a first lens unit fixed during zooming and having positive refractive power (Wakazono fig. 7 – U1, see also para. 0096); three or more moving lens units movable during zooming (Wakazono fig. 7 – U2-U4, see also para. 0096); and a final lens unit fixed during zooming and having positive refractive power (Wakazono fig. 7 – U5, see also para. 0096), wherein at least part of the first lens unit (U1) moves during focusing (Wakazono para. 0096), wherein a moving lens unit closest to an image plane among the three or more moving lens units (U4) includes a first lens having positive refractive power (Wakazono fig. 7), wherein the zoom lens further comprises an aperture stop (Wakazono fig. 7 – Sp, see also para. 0096), and wherein the following inequalities are satisfied: 0.3 ≤ dr/fr < 1.5 (Wakazono para. 0110, 66.56/77.41 ≈ 0.9) Wakazono further teaches a first lens having positive refractive power made of S-LAL14, which has a refractive index of 1.69680 which lies within the claimed range of 1.60≤ ngp≤ 1.73. To better fit the necessary requirements of the device, it would have been obvious to one of ordinary skill in the art before the effective filing date to use the lens material N-LAK8 instead of S-LAL14, since it has been held to be within the ordinary skill in the art to select a known material on the basis of its suitability for the intended use. Sinclair and Carroll Co. v. Interchemical Corp. 65 USPQ 297 (1945). Therefore, using a lens made of the material N-LAK8 with a refractive index of 1.71300, the following inequalities are satisfied: 1.60≤ ngp≤ 1.73 (N-LAK8 – the first positive lens of Tanaka now has ngp = 1.71300) 4.1× 10 - 6 ≤dndTp ≤12.0× 10 - 6 (N-LAK8 dndTp is a value between 4.1 and 5.0, which is an overlapping range made prima facie obvious (MPEP §2144.05)) 1.90 ≤ngp+ 0.0046 ×vgp (N-LAK8 provides ngp = 1.71300 and vgp = 53.83, therefore ngp+0.0046*vgp ≈ 1.96 as calculated) 0.3≤ dr/fr≤ 1.5 (Tanaka table 10B and N-LAK8, where dr ≈ 53.8 and fr ≈ 111.4 as calculated, so dr/fr ≈ 0.5 as calculated). where ngp is a refractive index of the first lens for d-line, vgp is an Abbe number of the first lens based on the d-line, dndTp is a temperature coefficient of the refractive index of the first lens for the d-line from 20° C. to 40° C., dr is a distance on an optical axis from a lens surface closest to an object to a lens surface closest to the image plane in the final lens unit, and fr is a focal length of the final lens unit. Wakazono teaches an aperture Sp which may have an aperture diameter (Wakazono para. 0102), however Wakazono does not specify an aperture diameter. In the same field of endeavor, Yuki teaches further comprising an aperture stop (Yuki fig. 5 - SP), wherein the following inequality is satisfied: 1.00 ≤fr/Dopen ≤2.4 (Yuki para. 0115 pages 9-10 – fr = 33.69 and Dopen = 28.75, so fr/Dopen ≈ 1.2) where Dopen is an aperture diameter in an fully open state of the aperture stop for the purpose of obtaining a shallower depth of field (Yuki para. 0002). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a value for fr/Dopen within the claimed range as taught by Yuki in the zoom lens of Wakazono in order to obtain a shallower depth of field (Yuki para. 0002) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 18-19 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 18 , the prior art of record does not disclose nor teach “the zoom lens according to claim 1, wherein the following inequality is satisfied: 0.3 ≤ ft/f1 ≤ 0.89 where ft is a focal length at a telephoto end of the zoom lens” in combination with all the limitations of claim 1. Regarding claim 19 , the prior art of record does not disclose nor teach “the zoom lens according to claim 1, wherein the following inequality is satisfied: 0.3 ≤ ft/f1 ≤ 0.76 where ft is a focal length at a telephoto end of the zoom lens” in combination with all the limitations of claim 1 . 07-43-03 AIA As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Conclusion 07-40 AIA 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 ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST. 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. /ELIZABETH M HALL/Examiner, Art Unit 2872 /RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872 Application/Control Number: 18/464,389 Page 2 Art Unit: 2872 Application/Control Number: 18/464,389 Page 3 Art Unit: 2872 Application/Control Number: 18/464,389 Page 4 Art Unit: 2872 Application/Control Number: 18/464,389 Page 5 Art Unit: 2872 Application/Control Number: 18/464,389 Page 6 Art Unit: 2872 Application/Control Number: 18/464,389 Page 7 Art Unit: 2872 Application/Control Number: 18/464,389 Page 8 Art Unit: 2872 Application/Control Number: 18/464,389 Page 9 Art Unit: 2872 Application/Control Number: 18/464,389 Page 10 Art Unit: 2872 Application/Control Number: 18/464,389 Page 11 Art Unit: 2872 Application/Control Number: 18/464,389 Page 12 Art Unit: 2872
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