Prosecution Insights
Last updated: April 19, 2026
Application No. 18/603,778

OPTICAL IMAGE CAPTURING SYSTEM

Non-Final OA §102§103
Filed
Mar 13, 2024
Examiner
COLLINS, DARRYL J
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Ability Opto-Electronics Technology Co. Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
1237 granted / 1390 resolved
+21.0% vs TC avg
Minimal +5% lift
Without
With
+4.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
30 currently pending
Career history
1420
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
37.5%
-2.5% vs TC avg
§102
34.5%
-5.5% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1390 resolved cases

Office Action

§102 §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. 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. Claims 1, 11, 14, 15, 18, 19, 22, 23, 27, 38 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsueh et al (U.S. Patent Number 9,341,815). With regard to independent claim 1, Hsueh et al teaches an optical image capturing system (column 1, lines 14-17 and Figure 3), along an optical axis from an object side to an image side, comprising: at least one lens having refractive power (Figure 3, element 230 and column 10, line 52), wherein at least one of an object-side surface, which faces the object side, of the at least one lens and an image-side surface, which faces the image side, of the at least one lens is aspheric (column 10, lines 56-57); the at least one lens comprises at least one visible light absorbing ingredient (column 10, lines 65-66); the at least one lens correspondingly absorbs a visible light with a wavelength range from 400 nm to 700 nm and allows a light with a wavelength range greater than 800 nm to correspondingly pass through (Figure 5 and column 3, lines 21-23); and an optical filter adjacent to the at least one lens (Figure 3, element 240). With regard to dependent claim 11, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical image capturing system wherein the at least one lens satisfies: TWL50-TWL40≤30 nm; TWL40 is a light wavelength with a transmittance of 40% as presented in a transmission curve of the at least one lens; TWL50 is a light wavelength with a transmittance of 50% as presented in the transmission curve of the at least one lens (see annotated Figure 5 below, wherein TWL50-TWL40 is approximately 10 nm). PNG media_image1.png 403 619 media_image1.png Greyscale With regard to dependent claim 14, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical image capturing system wherein the at least one lens satisfies: 0.1 mm ≤ CT ≤ 1.0 mm; CT is a central thickness of the at least one lens (column 11, Table 3, Thickness data for Surface 6, wherein CT = 0.283 mm). With regard to dependent claim 15, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical image capturing system wherein the at least one lens is made of plastic (column 10, lines 55-56). With regard to dependent claim 18, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical image capturing system further comprising an image sensing module, wherein the optical image capturing system has an image plane; the image sensing module is correspondingly located on a position of the image plane (Figure 3, element 260). With regard to independent claim 19, Hsueh et al teaches an optical image capturing system (column 1, lines 14-17 and Figure 3), along an optical axis from an object side to an image side, comprising: at least one lens (Figure 18, element 830), and an optical filter adjacent to the at least one lens (Figure 18, element 840) and comprising at least one visible light absorbing ingredient (column 23, lines 14-15); wherein the optical filter correspondingly absorbs a visible light with a wavelength range from 400 nm to 700 nm and allows a light with a wavelength range greater than 800 nm to correspondingly pass through (column 6, lines 4-9). With regard to dependent claim 22, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 19, and further teaches such an optical image capturing system wherein the optical filter satisfies: 0.1 mm ≤ CT ≤ 1.0 mm; CT is a central thickness of the optical filter (column 23, Table 15, Thickness data for Surface 8, wherein CT = 0.300 mm). With regard to dependent claim 23, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 19, and further teaches such an optical image capturing system wherein the optical filter is made of plastic (column 23, line 9). With regard to independent claim 27, Hsueh et al teaches an optical image capturing system (column 1, lines 14-17 and Figures 3, 12, 14, 16 and 18), along an optical axis from an object side to an image side, comprising: a plurality of lenses respectively having refractive power (Figure 3, elements 210, 220 and 230; Figure 12, elements 510, 520 and 530; Figure 14, elements 610, 620 and 630; Figure 16, elements 710, 720 and 730; Figure 18, elements 810, 820 and 830; and column 1, line 55-column 2, line 1), wherein at least one of plurality of lenses is a filter lens (column 10, lines 65-66; column 17, lines 6-7; column 19, lines 9-10; and column 21, lines 11-12, respectively); the filter lens correspondingly absorbs a visible light with a wavelength range from 400 nm to 700 nm and allows a light with a wavelength range greater than 800 nm to correspondingly pass through (column 6, lines 4-9). With regard to dependent claim 38, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 27, and further teaches such an optical image capturing system wherein the filter lens satisfies: 0.1 mm ≤ CT ≤ 1.0 mm; CT is a central thickness of the filter lens (column 11, Table 3, Thickness data for Surface 6, wherein CT = 0.283 mm; column 15, Table 9, Thickness data for Surface 1, wherein CT = 0.847 mm; column 19, Table 11 Thickness data for Surface 1, wherein CT = 0.800 mm; and column 21, Table 13, Thickness data for Surface 4, wherein CT = 0.408 mm, respectively); the filter lens is made of plastic (column 10, lines 55-56; column 16, lines 51-52; column 18, lines 54-55; and column 20, lines 62-63, respectively). With regard to dependent claim 40, Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical image capturing system further comprising an image sensing module, wherein the optical image capturing system has an image plane; the image sensing module is correspondingly located on a position of the image plane (Figure 3, element 260; Figure 12, element 560; Figure 14, element 660; and Figure 16, element 760, respectively). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hsueh et al (U.S. Patent Number 9,341,815) as applied to claim 1 above, and further in view of Zieba et al (U.S. Patent Publication 2021/0278577). With regard to dependent claim 16, although Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, Hsueh et al fails to teach such an optical image capturing system wherein the at least one lens has an anti-reflective coating; the anti-reflective coating allows the light with the wavelength range greater than 800 nm to pass through. In a related endeavor, Zieba et al teaches an optical coating including materials that absorb light (page 1, paragraph [0001] and page 2, paragraph [0018]), wherein the at least one lens has an anti-reflective coating (page 2, paragraph [0022]); the anti-reflective coating allows the light with the wavelength range greater than 800 nm to pass through (Figure 4, and page 2, paragraph [0025]), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical image capturing system, as taught by Hsueh et al, with the optical coating, as taught by Zieba et al, to reduce or eliminate unwanted radiation from reaching a sensor (page 2, paragraph [0025], lines 6-8). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hsueh et al (U.S. Patent Number 9,341,815) as applied to claim 1 above, and further in view of Otsuki et al (U.S. Patent Publication 2010/0271482). With regard to dependent claim 16, although Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, Hsueh et al fails to teach such an optical image capturing system wherein the at least one lens and/or the optical filter have/has a light filtering coating; the light filtering coating correspondingly absorbs a light with a wavelength range greater than 900 nm. In a related endeavor, Otsuki et al teaches an optical system comprising and optical filter (Figure 1, element 17), wherein the at least one lens and/or the optical filter have/has a light filtering coating; the light filtering coating correspondingly absorbs a light with a wavelength range greater than 900 nm (page 2, paragraph [0025] and Figure 3B), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical image capturing system, as taught by Hsueh et al, with the optical coating, as taught by Otsuki et al, to provide the desired transmittance characteristics (page 2, paragraph [0030], lines 13-14). Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hsueh et al (U.S. Patent Number 9,341,815) as applied to claim 19 above, and further in view of Zieba et al (U.S. Patent Publication 2021/0278577). With regard to dependent claim 24, although Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 19, Hsueh et al fails to teach such an optical image capturing system wherein the optical filter has an anti-reflective coating; the anti-reflective coating allows the light with the wavelength range greater than 800 nm to pass through. In a related endeavor, Zieba et al teaches an optical coating including materials that absorb light (page 1, paragraph [0001] and page 2, paragraph [0018]), wherein the at least one lens has an anti-reflective coating (page 2, paragraph [0022]); the anti-reflective coating allows the light with the wavelength range greater than 800 nm to pass through (Figure 4, and page 2, paragraph [0025]), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical image capturing system, as taught by Hsueh et al, with the optical coating, as taught by Zieba et al, to reduce or eliminate unwanted radiation from reaching a sensor (page 2, paragraph [0025], lines 6-8). Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Hsueh et al (U.S. Patent Number 9,341,815) as applied to claim 19 above, and further in view of Otsuki et al (U.S. Patent Publication 2010/0271482). With regard to dependent claim 25, although Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 19, Hsueh et al fails to teach such an optical image capturing system wherein the at least one lens and/or the optical filter have/has a light filtering coating; the light filtering coating correspondingly absorbs a light with a wavelength range greater than 900 nm. In a related endeavor, Otsuki et al teaches an optical system comprising and optical filter (Figure 1, element 17), wherein the at least one lens and/or the optical filter have/has a light filtering coating; the light filtering coating correspondingly absorbs a light with a wavelength range greater than 900 nm (page 2, paragraph [0025] and Figure 3B), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical image capturing system, as taught by Hsueh et al, with the optical coating, as taught by Otsuki et al, to provide the desired transmittance characteristics (page 2, paragraph [0030], lines 13-14). Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Hsueh et al (U.S. Patent Number 9,341,815) as applied to claim 27 above, and further in view of Zieba et al (U.S. Patent Publication 2021/0278577). With regard to dependent claim 39, although Hsueh et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 27, Hsueh et al fails to teach such an optical image capturing system wherein the filter lens has an anti-reflective coating; the anti-reflective coating allows the light with the wavelength range greater than 800 nm to pass through. In a related endeavor, Zieba et al teaches an optical coating including materials that absorb light (page 1, paragraph [0001] and page 2, paragraph [0018]), wherein the at least one lens has an anti-reflective coating (page 2, paragraph [0022]); the anti-reflective coating allows the light with the wavelength range greater than 800 nm to pass through (Figure 4, and page 2, paragraph [0025]), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical image capturing system, as taught by Hsueh et al, with the optical coating, as taught by Zieba et al, to reduce or eliminate unwanted radiation from reaching a sensor (page 2, paragraph [0025], lines 6-8). Allowable Subject Matter Claims 2-10, 12, 13, 20, 21, 26 and 28-37 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper. With regard to dependent claims 2, 4, 5, 7, 8, 10, 12 and 13, although the prior art teaches an optical image capturing system, along an optical axis from an object side to an image side, comprising: at least one lens having refractive power, wherein at least one of an object-side surface, which faces the object side, of the at least one lens and an image-side surface, which faces the image side, of the at least one lens is aspheric; the at least one lens comprises at least one visible light absorbing ingredient; the at least one lens correspondingly absorbs a visible light with a wavelength range from 400 nm to 700 nm and allows a light with a wavelength range greater than 800 nm to correspondingly pass through; and an optical filter adjacent to the at least one lens, the prior art fails to teach such an optical image capturing system wherein the at least one lens simultaneously satisfies the conditional expressions: |θ1| ≤ 62°, as defined and claimed in dependent claims 2 and 4; |θ2| ≤ 52°, as defined and claimed in dependent claims 5 and 7; |θ3| ≤ 42°, as defined and claimed in dependent claims 8 and 10; 13° ≤ ERA70 ≤ 30°, as claimed and defined in dependent claim 12; or 28° ≤ IRA100 ≤ 90°, as claimed and defined in dependent claim 13. With regard to dependent claims 3, 6 and 9, claims 3, 6 and 9 are allowable as they depend, directly or indirectly, from dependent claims 2, 5 and 8, respectively, and therefore inherit all of the limitations of the claim from which they depend. With regard to dependent claims 20 and 21, although the prior art teaches an optical image capturing system, along an optical axis from an object side to an image side, comprising: at least one lens; and an optical filter adjacent to the at least one lens and comprising at least one visible light absorbing ingredient, wherein the optical filter correspondingly absorbs a visible light with a wavelength range from 400 nm to 700 nm and allows a light with a wavelength range greater than 800 nm to correspondingly pass through, the prior art fails to teach such an optical image capturing system simultaneously satisfying the conditional expressions: |TA50-TA0| ≤ 10%, as claimed and defined in dependent claim 20; or 13° ≤ ERA70 ≤ 27°, as claimed and defined in dependent claim 21. With regard to dependent claim 26, claim 26 is allowable as it depends, directly or indirectly, from dependent claim 21 and therefore inherits all of the limitations of the claim from which it depends. With regard to dependent claims 28, 30, 31, 33, 34, 36 and 37, although the prior art teaches an optical image capturing system, along an optical axis from an object side to an image side, comprising: a plurality of lenses respectively having refractive power, wherein at least one of the plurality of lenses is a filter lens; the filter lens comprises at least one visible light absorbing ingredient; the filter lens correspondingly absorbs a visible light with a wavelength range from 400 nm to 700 nm and allows a light with a wavelength range greater than 800 nm to correspondingly pass through, the prior art fails to teach such an optical image capturing system wherein the filter lens simultaneously satisfies the conditional expressions: |θ1| ≤ 62°, as defined and claimed in dependent claims 28 and 30; |θ2| ≤ 52°, as defined and claimed in dependent claims 31 and 33; |θ3| ≤ 42°, as defined and claimed in dependent claims 34 and 36; or |TA50-TA0| ≤ 10%, as claimed and defined in dependent claim 37. With regard to dependent claims 29, 32 and 35, claims 29, 32 and 35 are allowable as they depend, directly or indirectly, from dependent claims 28, 32 and 34, respectively, and therefore inherit all of the limitations of the claim from which they depend. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lin et al (U.S. Patent Publication 2011/0069378), Bone (U.S. Patent Publication 2015/0370039), Hsieh et al (U.S. Patent Publication 2017/0227742), Lee et al (U.S. Patent Publication 2018/0210170), Bone et al (U.S. Patent Publication 2018/0231739), Seo et al (U.S. Patent Publication 2020/0041761), Kim et al (U.S. Patent Publication 2020/0150387), Chang et al (U.S. Patent Publication 2020/0341240) and Wang et al (U.S. Patent Publication 2021/0191075) all teach optical image capturing systems having visible light filtering. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L 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. /DARRYL J COLLINS/ Primary Examiner, Art Unit 2872 21 January 2026
Read full office action

Prosecution Timeline

Mar 13, 2024
Application Filed
Jan 22, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+4.9%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 1390 resolved cases by this examiner. Grant probability derived from career allow rate.

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