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.
Response to Amendment
The amendments filed 01/30/2026 have been entered. Claims 1, and 3-13 remain pending in the application.
Response to Arguments
Applicant's arguments filed 01/30/2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record, Ceglio (US 5,257,132, of record), fails to discloses the amended limitation, “wherein the first wavelength-specific pattern and the second wavelength-specific pattern include transmission regions that transmit the incident light and are superimposed on each other in a direction parallel to a center axis of the integrated pattern, the integrated pattern being obtained by mixing the transmission region of the first wavelength-specific pattern and the transmission region of the second wavelength- specific pattern.”. Examiner respectfully disagrees. Regarding applicant’s argument examiner notes that Ceglio in Fig 6; Col 9, lines 41-52 discloses an embodiment of Ceglio wherein a serial stack 35 is a composition of two minus filters 36 and 37 patterned to provide a common focus for two separate bands of radiation. Examiner is interpreting the two minus filters to be the same as the first and second wavelength specific patterns which are stacked superimposed on each other in a direction parallel to the central axis which is an axis perpendicular to the filter going through the centers of the filters. For these reasons examiner maintains the rejection of claims 1 and 11 under USC 102 and USC 103.
Claim Rejections - 35 USC § 102
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 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, 3, 8, 10 are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Ceglio (US 5,257,132, of record).
Regarding claim 1, Ceglio discloses a light-condensing element (see Fig 3) comprising a concentric integrated pattern that diffracts and condenses incident light including light having a plurality of different wavelengths, wherein the integrated pattern includes a first wavelength- specific pattern corresponding to a first wavelength of the plurality of different wavelengths of the incident light and a second wavelength-specific pattern corresponding to a second wavelength of the plurality of different wavelengths of the incident light (see Fig 3; Col 7, lines 25-35; annular segments 31, 32, 33 each tuned for a specific wavelength band diffracts and condenses light to a focal point), wherein the first wavelength-specific pattern and the second wavelength-specific pattern include transmission regions that transmit the incident light and are superimposed on each other in a direction parallel to a center axis of the integrated pattern, the integrated pattern being obtained by mixing the transmission region of the first wavelength-specific pattern and the transmission region of the second wavelength-specific pattern (Fig 6; Col 9, lines 41-52; the lens may be configured in stacked patterns as seen in Fig 6 which are superimposed on top of each other and mix the different transmission of the filters).
Regarding claim 3, Ceglio discloses the light-condensing element according to claim 1 (see Fig 3), wherein the first wavelength-specific pattern includes, in the transmission region, a first color filter that transmits the incident light having a corresponding first wavelength (see Fig 3; Col 7, lines 3-35; a first annular section 31 may be tuned to a first narrowband of transmission), the second wavelength-specific pattern includes, in the transmission region, a second color filter that transmits the incident light having a corresponding second wavelength (see Fig 3; Col 7, lines 3-35; a second annular section 32 may be tuned to a second narrowband of transmission), and in a case where the transmission region, which transmits the incident light having the first wavelength, of the first wavelength-specific pattern and the transmission region, which transmits the incident light having the second wavelength, of the second wavelength- specific pattern are superimposed on each other, a region where the first color filter is formed and a region where the second color filter is formed are mixed with each other (see Fig 3; Col 7, lines 3-35; since both regions 31 and 32 are formed on the same lens examiner is interpreting them to be superimposed and mixed; reference is also made to Fig 12 showing multiple diffractive pattern mixed and superimposed on each other).
Regarding claim 8, Ceglio discloses the light-condensing element according to claim 3 (see Fig 3). Ceglio further discloses wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other by forming, in a region where the transmission regions are superimposed on each other, a third color filter that is different from either the first color filter or the second color filter and transmits incident light including both the incident light having the first wavelength and the incident light having the second wavelength (see Fig 5G; Col 9, lines 3-40; an example diffractive element may contain a first area including a blue and green filter rings superimposed with a second red and green filter rings together with a third white filter ring disposed between said first and second areas; white light which includes both red and blue colors).
Regarding claim 10, Ceglio discloses the light-condensing element according to claim 1 (see Fig 3). Ceglio further discloses wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of a phase-type light-condensing element in which a transmission region where a phase difference of incident light is 0 rad and a transmission region where a phase difference of the incident light is π rad are alternately formed (see Fig 5E; Col 8, line 42- Col 9, line 2; relative phase change between adjacent zones may be zero for wavelengths less than a first wavelength and greater than a second wavelength and pi for wavelengths between first and second wavelengths).
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ceglio (US 5,257,132, of record) in view of Dal Negro (US 2020/0355858, of record).
Regarding claim 4, Ceglio discloses the light-condensing element according to claim 3 (see Fig 3). Ceglio does not disclose wherein dithering is formed by mixing the region where the first color filter is formed and the region where the second color filter is formed. Ceglio and Dal Negro are related because both disclose light-condensing elements.
Dal Negro discloses a light-condensing element (see Fig 5A) wherein dithering is formed by mixing the region where the first color filter is formed and the region where the second color filter is formed (see Fig 5A; Para [0096-0100]; a mixed of repeating annular phase units as seen in Fig 5A create a chirping function which examiner interprets as equivalent to a dither)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio with wherein dithering is formed by mixing the region where the first color filter is formed and the region where the second color filter is formed of Dal Negro for the purpose of improving scalability without losing performance efficiency (Para [0070])
Regarding claim 5, Ceglio in view of Dal Negro discloses the light-condensing element according to claim 4 (Dal Negro: see Fig 5A). Ceglio does not disclose wherein a dither pattern forming the dithering includes a lattice-shaped pattern, a random pattern, a Bayer array pattern, a void-and-cluster array pattern, and an error diffusion pattern.
Dal Negro discloses wherein a dither pattern forming the dithering includes a lattice-shaped pattern, a random pattern, a Bayer array pattern, a void-and-cluster array pattern, and an error diffusion pattern (Dal Negro: see Fig 8A; Para [0104-0108]; a lattice pattern shape accomplishes a dithering pattern)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio with wherein a dither pattern forming the dithering includes a lattice-shaped pattern, a random pattern, a Bayer array pattern, a void-and-cluster array pattern, and an error diffusion pattern of Dal Negro for the purpose of improving scalability without losing performance efficiency (Para [0070])
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ceglio (US 5,257,132, of record) in view of Fukumoto (Machine translation of CN 102881298, of record).
Regarding claim 6, Ceglio discloses the light-condensing element according to claim 3 (see Fig 3). Ceglio does not disclose wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other in accordance with sensitivity set for the incident light having the first wavelength and sensitivity set for the incident light having the second wavelength. Ceglio and Fukumoto are related because both disclose light-condensing optical elements.
Fukumoto discloses a light-condensing optical element (see Fig 7; Para [0111-0115]) wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other in accordance with sensitivity set for the incident light having the first wavelength and sensitivity set for the incident light having the second wavelength (see Fig 7; Para [0153]; width of first and second regions of tracking area are dependent on the light receiving sensitivity of the light receiving element 6).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio with disclose wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other in accordance with sensitivity set for the incident light having the first wavelength and sensitivity set for the incident light having the second wavelength of Fukumoto for the purpose of improving the signal quality (see Para [0153])
Regarding claim 7, Ceglio in view of Fukumoto discloses the light-condensing element according to claim 6. Ceglio does not disclose wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other at an area ratio according to the sensitivity set for the incident light having the first wavelength and the sensitivity set for the incident light having the second wavelength.
Fukumoto discloses the light condensing element (see Fig 7) wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other at an area ratio according to the sensitivity set for the incident light having the first wavelength and the sensitivity set for the incident light having the second wavelength (see Fig 7; Para [0153]; area ratio of the first and second areas, Wa and Wb, dependent on the sensitivity of the light receiving element).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio with wherein the region where the first color filter is formed and the region where the second color filter is formed are mixed with each other at an area ratio according to the sensitivity set for the incident light having the first wavelength and the sensitivity set for the incident light having the second wavelength of Fukumoto for the purpose of improving the signal quality (see Para [0153]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ceglio (US 5,257,132, of record) in view of Legerton (US 2012/0120365, of record).
Regarding claim 9, Ceglio discloses the light-condensing element according to claim 1 (see Fig 3). Ceglio does not disclose wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of an amplitude-type light-condensing element in which a light shielding region and a transmission region are alternately formed. Ceglio and Legerton are related because both disclose light-condensing elements.
Legerton discloses a light-condensing element (see Fig 10A) wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of an amplitude-type light-condensing element in which a light shielding region and a transmission region are alternately formed (see Fig 10A; Para [0192-0195]; Legerton discloses contact lenses 1001 with zone plate filters 1003 for transmitting particular sets of wavelengths and notch filters 1005 acting as shielding regions)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio with wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of an amplitude-type light-condensing element in which a light shielding region and a transmission region are alternately formed of Legerton for the purpose of improving image quality through use of constructive interference (Para [0192])
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ceglio (US 5,257,132, of record) in view of Ogasawara (US 2008/0232203, of record).
Regarding claim 11, Ceglio discloses a light-condensing element (see Fig 3) comprising an integrated pattern that diffracts and condenses incident light including light having a plurality of different wavelengths, wherein the integrated pattern includes a first concentric first wavelength-specific pattern corresponding to a first wavelength of the incident light and a second concentric second wavelength-specific pattern corresponding to a second wavelength of the incident light (see Fig 3; Col 7, lines 25-35; annular segments 31, 32, 33 each tuned for a specific wavelength band diffracts and condenses light to a focal point), and wherein the first wavelength-specific pattern and the second wavelength-specific pattern include transmission regions that transmit the incident light and are superimposed on each other in a direction parallel to a center axis of the integrated pattern, the integrated pattern being obtained by mixing the transmission region of the first wavelength-specific pattern and the transmission region of the second wavelength-specific pattern (Fig 6; Col 9, lines 41-52; the lens may be configured in stacked patterns as seen in Fig 6 which are superimposed on top of each other and mix the different transmission of the filters).
Ceglio does not disclose having a center position shifted from a center position of the first wavelength-specific pattern by a predetermined value. Ceglio and Ogasawara are related because both disclose light-condensing elements.
Ogasawara discloses a light-condensing element (see Fig 19A) disclose a second concentric second wavelength-specific pattern having a center axis shifted from a center axis of the first wavelength-specific pattern by a predetermined value (see Fig 19A; Para [0159]; the hologram element 30e has a plurality of circular-arc diffraction gratings that are eccentric by an amount L from a center of the diffraction grating 91)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio with a second concentric second wavelength-specific pattern having a center position shifted from a center position of the first wavelength-specific pattern by a predetermined value of Ogasawara for the purpose of correcting form color aberration (Para [0159])
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ceglio (US 5,257,132, of record) in view of Ogasawara (US 2008/0232203, of record) as applied to claim 11 above, and further in view of Kishine (US 2022/0236463, of record).
Regarding claim 12, Ceglio in view of Ogasawara discloses the light-condensing element according to claim 11 (see Fig 3). Ceglio further discloses wherein of the incident light condensed by the integrated pattern, the incident light having the first wavelength is transmitted through a first imaging color filter, and the incident light having the second wavelength is transmitted through a second imaging color filter (see Fig 5G; Col 9, lines 4-40; Ceglio discloses a stacked ring pattern which act to filter light and transmit specific light); the first wavelength-specific pattern includes, in a transmission region that transmits the incident light having the first wavelength, a first condensing color filter that transmits the incident light having the first wavelength (see Fig 5G; Col 9, lines 3-56; a lens may be configured to have multiple wavelength specific patterns that transmit light of a specific color/wavelength; lens pattern act as condensing filters transmitting incident light of said specific wavelength; In Fig 5G a lens may transmit red light), the second wavelength-specific pattern includes, in a transmission region that transmits the incident light having the second wavelength, a second condensing color filter that transmits the incident light having the second wavelength (see Fig 5G; Col 9, lines 3-56; a lens may be configured to have multiple wavelength specific patterns that transmit light of a specific color/wavelength; lens pattern act as condensing filters transmitting incident light of said specific wavelength; In Fig 5G a lens may transmit blue light), and the first imaging color filter is equal in transmission characteristic to the first condensing color filter, and the second imaging color filter is equal in transmission characteristic to the second condensing color filter (see Fig 5G; Col 9, lines 4-40; the stacked films act as imaging color filter and condensing filters to filter and focus light of varied wavelengths as seen in Fig 5G).
Ceglio in view of Ogasawara does not disclose an imaging element images the incident light having the first wavelength and transmitted through the first imaging color filter and the incident light having the second wavelength and transmitted through the second imaging color filter, an image captured by the imaging element is separated into an image of a first color channel of the incident light having the first wavelength, corresponding to the first imaging color filter, and an image of a second color channel of the incident light having the second wavelength, corresponding to the second imaging color filter, the image of the first color channel and the image of the second color channel are synthesized with center positions of the images coinciding with each other, so that a shift between the center position of the first concentric first wavelength-specific pattern and the center position of the second concentric second wavelength-specific pattern is corrected. Ceglio in view of Ogasawara and Kishine are related because both disclose light-condensing elements.
Kishine discloses a light-condensing element (see Fig 1) comprising an imaging element images the incident light having the first wavelength and transmitted through the first imaging color filter and the incident light having the second wavelength and transmitted through the second imaging color filter (see Figs 1 and 13; Para [0050, and 0093-0100]; imaging element contains an arrangement of color pixel which detect specified wavelength of light as seen in graph of Fig 18), an image captured by the imaging element is separated into an image of a first color channel of the incident light having the first wavelength, corresponding to the first imaging color filter, and an image of a second color channel of the incident light having the second wavelength, corresponding to the second imaging color filter (see Fig 1; Para [0050-0056]; image captured by imaging element 100 is a multispectral image of four bands which correspond to filtering bands), the image of the first color channel and the image of the second color channel are synthesized with center positions of the images coinciding with each other, so that a shift between the center axis of the first concentric first wavelength-specific pattern and the center axis of the second concentric second wavelength-specific pattern is corrected (see Fig 28C; Para [0067-0068]; Kishine discloses coinciding images of different wavebands at a focal point; Ogasawara discloses the shift from a center position in Fig 19B and Para [0159]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio in view of Ogasawara with an imaging element images the incident light having the first wavelength and transmitted through the first imaging color filter and the incident light having the second wavelength and transmitted through the second imaging color filter, an image captured by the imaging element is separated into an image of a first color channel of the incident light having the first wavelength, corresponding to the first imaging color filter, and an image of a second color channel of the incident light having the second wavelength, corresponding to the second imaging color filter, the image of the first color channel and the image of the second color channel are synthesized with center positions of the images coinciding with each other, so that a shift between the center position of the first concentric first wavelength-specific pattern and the center position of the second concentric second wavelength-specific pattern is corrected of Kishine for the purpose of improving the image quality of detected light by a imaging element (Para [0145-0155])
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ceglio (US 5,257,132, of record) in view of Ogasawara (US 2008/0232203, of record) as applied to claim 11 above, and further in view of Legerton (US 2012/0120365, of record).
Regarding claim 13, Ceglio in view of Ogasawara discloses the light-condensing element according to claim 11. Ceglio in view of Ogasawara does not disclose wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of an amplitude-type light-condensing element in which a light shielding region and a transmission region are alternately formed. Ceglio in view of Ogasawara and Legerton are related because both disclose light-condensing elements.
Legerton discloses a light-condensing element (see Fig 10A) wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of an amplitude-type light-condensing element in which a light shielding region and a transmission region are alternately formed (see Fig 10A; Para [0192-0195]; Legerton discloses contact lenses 1001 with zone plate filters 1003 for transmitting particular sets of wavelengths and notch filters 1005 acting as shielding regions)
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date to modify Ceglio in view of Ogasawara with wherein each of the first wavelength-specific pattern and the second wavelength-specific pattern comprises a pattern of an amplitude-type light-condensing element in which a light shielding region and a transmission region are alternately formed of Legerton for the purpose of improving image quality through use of constructive interference (Para [0192])
Conclusion
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 GABRIEL ANDRES SANZ whose telephone number is (571)272-3844. The examiner can normally be reached Monday-Friday 8:30 am -5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.S./Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872
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