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 .
Response to Amendment
The amendments filed on 2/17/2026 are acknowledged and accepted. Claims 1-20 are amended and Claims 1-20 remain pending in the application. The objection to claim 14 is withdrawn. The 112(b) rejection of claims 13-14 are withdrawn.
Drawings
The drawings filed on 09/26/2023 are acknowledged and accepted.
Claim Objections
Claim 9 is objected to because of the following informalities: “exit pupil” should read “real exit pupil”. 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.
Claim 15 is 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.
With respect to Claim 15, the phrase “a five-mirror anastigmat optical system having an intermediate image formed between a second mirror and a third mirror” renders the claim indefinite due to “a five-mirror anastigmat optical system having an intermediate image formed between a second mirror and a third mirror” being external to the instant invention, it is unclear how and to what extent the external “a five-mirror anastigmat optical system having an intermediate image formed between a second mirror and a third mirror” should be considered a part of the claimed ophthalmic lens.
Therefore, the metes and bounds of the claimed invention are not clear, and the claim is indefinite (Packard, 751 F.3d at 1311, 110 USPQ2d at 1787) see MPEP2173.02(I).
Further, it is not obvious what the value of “a length of an optical system with an intermediate image formed between a second and a third mirror” is describing or how one of ordinary skill in the art may determine such value. For the purpose of examination, the limitation of “an optical system with an intermediate image formed between a second and a third mirror” will be considered to be taught by an optical system which has a length.
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.
Claims 1-3, 7-8 and 10-14, 16 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook (US 20030179444A1, of record in the IDS dated 09/26/2023).
With respect to Claim 1, Cook discloses a relayed, focal, unobscured reflective optical system configured to be arranged along a beam path, the optical system (Fig. 1-- element 20, relayed optical system; [0014]) comprising:
a first mirror (Fig. 1-- element 24, first mirror; [0015]) operable to receive electromagnetic radiation along the beam path from a real entrance pupil (Fig. 1-- element 25, real entrance pupil; [0015]);
a second mirror (Fig. 1-- element 26, second mirror; [0016]) operable to receive the electromagnetic radiation from the first mirror (Fig. 1-- element 24, first mirror; [0015]);
a third mirror (Fig. 1-- element 32, third mirror; [0018]) operable to receive the electromagnetic radiation from the second mirror (Fig. 1-- element 26, second mirror; [0016]);
a fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) operable to receive the electromagnetic radiation from the third mirror (Fig. 1-- element 32, third mirror; [0018]); and
a fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) operable to receive the electromagnetic radiation from the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) and to direct the electromagnetic radiation to a real exit pupil (Fig. 1-- element 38, image location; [0021]);
wherein the optical system (Fig. 1-- element 20, relayed optical system; [0014]) is configured to form an intermediate image ([0007]: intermediate image is reflected from the third mirror to the fourth mirror) between the third mirror (Fig. 1-- element 32, third mirror; [0018]) and the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]); and
wherein the optical system (Fig. 1-- element 20, relayed optical system; [0014]) is configured to produce a focused image at a specified image plane as an output ([0007]: An image is produced at the image location, element 38).
With respect to Claim 2, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and discloses wherein:
the optical system (Fig. 1-- element 20, relayed optical system; [0014]) is configured to form the intermediate image ([0007]: intermediate image is reflected from the third mirror to the fourth mirror) after the electromagnetic radiation reflects from the third mirror (Fig. 1-- element 32, third mirror; [0018]); and
the optical system (Fig. 1-- element 20, relayed optical system; [0014]) is configured to reflect the intermediate image ([0007]: intermediate image is reflected from the third mirror to the fourth mirror) from the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]).
With respect to Claim 3, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and discloses wherein:
the first and second mirrors (Fig. 1-- elements 24 and 26, first and second mirrors) comprise a substantial afocal pair (See fig. 1—elements 24 and 26 comprise an afocal pair);
the third, fourth and fifth mirrors (Fig. 1-- elements 32, 34, and 36, third, fourth and fifth mirrors) comprise a three-mirror relayed imager (Fig. 1—element 40, multimirror relay optical component; [0022]) configured to receive light from the substantial afocal pair (See fig. 1—elements 24 and 26 comprise an afocal pair) and relay the light to the real exit pupil (Fig. 1-- element 38, image location; [0021]); and
the optical system (Fig. 1-- element 20, relayed optical system; [0014]) is configured to form the intermediate image is formed in the relayed imager ([0007]: intermediate image is reflected from the third mirror to the fourth mirror).
With respect to Claim 7, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and discloses wherein:
the first mirror (Fig. 1-- element 24, first mirror; [0015]) has a positive optical power ([0015]: element 24 is positive);
the second mirror (Fig. 1-- element 26, second mirror; [0016]) has a negative optical power ([0016]: element 26 is negative);
the third mirror (Fig. 1-- element 32, third mirror; [0018]) has a positive optical power ([0018]: element 32 is positive);
the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) has a negative optical power ([0019]: element 34 is negative); and
the fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) has a positive optical power ([0020]: element 36 is positive).
With respect to Claim 8, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and further discloses wherein the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) are conic (Fig. 5—each mirror has a conic coefficient);
the first mirror (Fig. 1-- element 24, first mirror; [0015]) is substantially parabolic (See Fig. 1—element 24 is parabolic);
the second mirror (Fig. 1-- element 26, second mirror; [0016]) is substantially hyperbolic (See Fig. 1—element 26 is hyperbolic);
the third mirror (Fig. 1-- element 32, third mirror; [0018]) is substantially parabolic (See Fig. 1—element 32 is parabolic);
the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) is substantially oblate elliptical (See Fig. 1— The reflective surface of element 34 curves outward and is therefore substantially oblate elliptical); and
the fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) is substantially spherical (See Fig. 1—the fifth mirror is dramatically curved and therefore substantially spherical).
With respect to Claim 10, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and discloses wherein: an unpowered mirror ([0007]: There may be an unpowered mirror in the beam path serving as a fold mirror) in the beam path between the fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) and the exit pupil, the unpowered mirror ([0007]: There may be an unpowered mirror in the beam path serving as a fold mirror) configured to direct a portion of the electromagnetic radiation along a path that is separate from the beam path ([0007]: the unpowered mirror may fold the beam path).
With respect to Claim 11, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and further discloses wherein:
Each of the first, second, third, fourth, and fifth mirrors (Fig. 1-- element 36, fifth mirror; [0020]) is a free-form mirror having conics (Fig. 5—each mirror has a conic coefficient) with general polynomial surface deformations.
With respect to Claim 12, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and further discloses wherein:
each of the first, second, third, fourth, and fifth mirrors (Fig. 1-- element 36, fifth mirror; [0020]) has an optical power; and a sum of the optical powers of all the of the first, second, third, fourth, and fifth mirrors (Fig. 1-- element 36, fifth mirror; [0020]) is substantially zero ([0024]: the sum of the optical powers is substantially zero).
With respect to Claim 13, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and discloses wherein the optical system (Fig. 1-- element 20, relayed optical system; [0014]) has at least a 2x2 degree field of view (FOV) ([0026]: FOV 3x26 degrees).
With respect to Claim 14, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and further discloses wherein:
the optical system (Fig. 1-- element 20, relayed optical system; [0014]) has an F-number greater than 3 ([0005]: the optical speed of the system is about F/2.5).
With respect to Claim 16, Cook discloses a relayed, focal, unobscured reflective optical system configured to direct electromagnetic radiation along a beam path, the optical system (Fig. 1-- element 20, relayed optical system; [0014]) comprising:
a first powered mirror (Fig. 1-- element 24, first mirror; [0015]) configured to receive the electromagnetic radiation from a real entrance pupil (Fig. 1-- element 25, real entrance pupil; [0015]) and to reflect the electromagnetic radiation along the beam path, the first powered mirror (Fig. 1-- element 24, first mirror; [0015]) having a positive optical power ([0015]: element 24 is positive);
a second powered mirror (Fig. 1-- element 26, second mirror; [0016]) configured to receive the electromagnetic radiation from the first powered mirror (Fig. 1-- element 24, first mirror; [0015]) and to reflect the electromagnetic radiation along the beam path, the second powered mirror (Fig. 1-- element 26, second mirror; [0016]) having a negative optical power ([0016]: element 26 is negative);
a third powered mirror (Fig. 1-- element 32, third mirror; [0018]) configured to receive the electromagnetic radiation from the second powered mirror (Fig. 1-- element 26, second mirror; [0016]) and to the reflect electromagnetic radiation along the beam path, the powered third mirror (Fig. 1-- element 32, third mirror; [0018]) having a positive optical power ([0018]: element 32 is positive), wherein the optical system (Fig. 1-- element 20, relayed optical system; [0014]) is configured to form an intermediate image ([0007]: intermediate image is reflected from the third mirror to the fourth mirror) after the electromagnetic radiation reflects from the third powered mirror (Fig. 1-- element 32, third mirror; [0018]);
a fourth powered mirror (Fig. 1-- element 34, fourth mirror; [0019]) configured to receive electromagnetic radiation from the third powered mirror (Fig. 1-- element 32, third mirror; [0018]) and to reflect electromagnetic radiation along the beam path, the fourth powered mirror (Fig. 1-- element 34, fourth mirror; [0019]) having a negative optical power ([0019]: element 34 is negative), wherein the fourth powered mirror (Fig. 1-- element 34, fourth mirror; [0019]) is configured to reflect the intermediate image ([0007]: intermediate image is reflected from the third mirror to the fourth mirror) on the beam path being reflected from the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]); and
a fifth powered mirror (Fig. 1-- element 36, fifth mirror; [0020]) configured to receive the electromagnetic radiation from the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) and to reflect the electromagnetic radiation along the beam path to a real exit pupil (Fig. 1-- element 38, image location; [0021]), the fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) having a positive optical power ([0020]: element 36 is positive).
With respect to Claim 19, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 16, and further discloses wherein:
each of the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) is a free-form mirror having conics (Fig. 5—each mirror has a conic coefficient) with general polynomial surface deformations.
With respect to Claim 20, Cook discloses a method for imaging, comprising:
directing electromagnetic radiation through a real entrance pupil (Fig. 1-- element 25, real entrance pupil; [0015]) to a relayed, focal, unobscured reflective optical system arranged along a beam path, the optical system (Fig. 1-- element 20, relayed optical system; [0014]) comprising:
a first mirror (Fig. 1-- element 24, first mirror; [0015]) operable to receive the electromagnetic radiation from the real entrance pupil (Fig. 1-- element 25, real entrance pupil; [0015]);
a second mirror (Fig. 1-- element 26, second mirror; [0016]) operable to receive the electromagnetic radiation from the first mirror (Fig. 1-- element 24, first mirror; [0015]);
a third mirror (Fig. 1-- element 32, third mirror; [0018]) operable to receive the electromagnetic radiation from the second mirror (Fig. 1-- element 26, second mirror; [0016]);
a fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) operable to receive the electromagnetic radiation from the third mirror (Fig. 1-- element 32, third mirror; [0018]); and
a fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) operable to receive the electromagnetic radiation from the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]) and to direct the electromagnetic radiation to a real exit pupil (Fig. 1-- element 38, image location; [0021]); and
forming an intermediate image ([0007]: intermediate image is reflected from the third mirror to the fourth mirror) between the third mirror (Fig. 1-- element 32, third mirror; [0018]) and the fourth mirror (Fig. 1-- element 34, fourth mirror; [0019]); and
detecting a focused image at a specified plane after the real exit pupil (Fig. 1-- element 38, image location; [0021]).
Claim Rejections - 35 USC § 103
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 4-6 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cook (US 20030179444 A1, of record in the IDS dated 09/26/2023).
With respect to Claim 4, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and discloses wherein the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) are conic (Fig. 5—each mirror has a conic coefficient).
However, Cook does not explicitly disclose wherein proximate mirrors along the beam path are separated by approximately half of a focal length of the optical system
a distance between a top of the first mirror and a bottom of the fifth mirror is approximately 2/3 of the focal length of the optical system.
It would have been obvious to one of ordinary skill in the art before the effective filing date to arrange proximate mirrors to be separated by approximately half of a focal length of the optical system and to make the distance between the top of the first mirror and the bottom of the fifth mirror approximately 2/3 of the focal length of the optical system, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
With respect to Claim 5, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and further discloses wherein the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) are aspheres.
However, Cook does not explicitly disclose wherein proximate mirrors along the beam path are separated by approximately a quarter of a focal length of the optical system.
It would have been obvious to one of ordinary skill in the art before the effective filing date to arrange proximate mirrors to be separated by approximately a quarter of a focal length of the optical system, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
With respect to Claim 6, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 1, and further discloses wherein the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) are aspheres or free-form having conics (Fig. 5—each mirror has a conic coefficient) with general polynomial surface deformations.
However, Cook does not explicitly disclose wherein a distance between a top of the first mirror and a bottom of the fifth mirror is approximately 1/2 of a focal length of the optical system.
It would have been obvious to one of ordinary skill in the art before the effective filing date to arrange proximate mirrors to be separated by to make the distance between the top of the first mirror and the bottom of the fifth mirror approximately 1/2 of the focal length of the optical system, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
With respect to Claim 17, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 16, and further discloses wherein the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) are aspheres.
However, Cook does not explicitly disclose wherein proximate mirrors along the beam path are separated by approximately a quarter of a focal length of the optical system.
It would have been obvious to one of ordinary skill in the art before the effective filing date to arrange proximate mirrors to be separated by approximately a quarter of a focal length of the optical system, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
With respect to Claim 18, Cook discloses the optical system (Fig. 1-- element 20, relayed optical system; [0014]) in accordance with claim 16, and further discloses wherein the first, second, third, fourth and fifth mirrors (Fig. 1-- elements 24, 28, 32, 34, and 36, first through fifth mirrors) are aspheres or free-form having conics (Fig. 5—each mirror has a conic coefficient) with general polynomial surface deformations.
However, Cook does not explicitly disclose wherein a distance between a top of the first mirror and a bottom of the fifth mirror that is approximately 1/2 of a focal length of the optical system.
It would have been obvious to one of ordinary skill in the art before the effective filing date to arrange proximate mirrors to be separated by to make the distance between the top of the first mirror and the bottom of the fifth mirror approximately 1/2 of the focal length of the optical system, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cook (US 20030179444 A1, of record in the IDS dated 09/26/2023) in view of Couture (US 20060245070 A1, of record).
With respect to Claim 9, Cook discloses the optical system in accordance with claim 1, and disclose:
the fifth mirror (Fig. 1-- element 36, fifth mirror; [0020]) and the exit pupil (Fig. 1-- element 38, image location; [0021]).
However, Cook does not disclose a beam splitter in the beam path between the fifth mirror and the exit pupil, the beam splitter configured to direct a portion of the electromagnetic radiation along a path that is separate from the beam path.
Cook and Couture are related as both pertaining to the field of optical systems including mirrors. Couture does disclose a beam splitter (Fig. 1—element 110, beamsplitter; [0027]) in the beam path (Fig. 1—element 112, reflected beam; [0028]) between the fifth mirror (Fig. 1—element 106, primary mirror; [0027]) and the exit pupil (Fig. 1—element 124, detector; [0035]), the beam splitter (Fig. 1—element 110, beamsplitter; [0027]) configured to direct a portion of the electromagnetic radiation along a path (Fig. 1—element 114, transmitted beam) that is separate from the beam path (Fig. 1—element 112, reflected beam; [0028]).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to combine the optical system of Cook with the beam splitter of Couture in order to create a device which is capable of utilizing multiple imaging channels (Couture, [0002]).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 2/17/2026 with regards to the 112(b) rejection of Claim 15 have been fully considered but they are not persuasive. Claim 15 is rendered unclear due to “a five-mirror anastigmat optical system having an intermediate image formed between a second mirror and a third mirror” being external to the instant invention and the length of “a five-mirror anastigmat optical system having an intermediate image formed between a second mirror and a third mirror” being an un-standardized value which cannot be easily quantified by one of ordinary skill in the art.
Conclusion
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/MACKENZI BOURQUINE/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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