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 .
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 3/18/2024 and 10/15/2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1-20 are 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.
Claim 1 recites “assuming that”. This phrase doesn’t’ positively recite the limitations are part of the claim. The Examiner is unclear as to whether the claim contains the limitation or could be claimed. Thus, this phrase make the claim indefinite. Claims 2, 8-13, and 16-18 also include recitation of “assuming that”. Therefore, these claims are unclear and indefinite.
Claims 3-7, 14-15, and 19-20 inherit their indefiniteness from independent claim 1 from which they depend.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. 11,966,030. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets include the same or similar limitations such that an anticipatory or obviousness relationship exists between the limitations. In this case all of the limitations of both document's claims are present in both claim sets and although the language is not identical the limitations are substantially similar within the broadest reasonable interpretation standard.
It is noted that the claim language of the instant application 18/608311 within claims 2-20 repeats the same claim language of U.S. Patent No. 11,966,030.
The following table illustrates which claims teach the limitations of the instant application 18/608311in view of the teachings of U.S. Patent No. 11,966,030.
Instant application 18/608311
U.S. Patent No. 11,966,030
Explanation as needed
Claim 1: A zoom lens consisting of, in order from an object side to an image side, a first lens group that has a negative refractive power, a middle group, and a final group, wherein during zooming, a spacing between the first lens group and the middle group changes, and a spacing between the middle group and the final group changes, during focusing, at least a part of the middle group moves along an optical axis as a focus group, and the first lens group and the final group remain stationary with respect to an image plane, the first lens group includes two or more negative meniscus lenses of which object side surfaces are convex surfaces, the middle group includes at least one positive lens, and assuming that a back focal length of the zoom lens at an air conversion distance at a wide angle end in a state where an infinite distance object is in focus is Bfw, a focal length of the zoom lens at the wide angle end in the state where the infinite distance object is in focus is fw, a maximum half angle of view at the wide angle end in the state where the infinite distance object is in focus is ωw, and a partial dispersion ratio of the at least one positive lens of the middle group between a g line and a F line is θMp and an Abbe number based on a d line is vMp, Conditional Expressions (1) and (18) are satisfied, which are represented by 0.35<Bfw/(fw×tan|ωw|)<1.5 (1), and 0.01<(θMp+0.0018)×(νMp-0.64833)<0.06 (18).
Claim 1: A zoom lens consisting of, in order from an object side to an image side, a first lens group that has a negative refractive power, a middle group, and a final group, wherein during zooming, a spacing between the first lens group and the middle group changes, and a spacing between the middle group and the final group changes, during focusing, at least a part of the middle group moves along an optical axis as a focus group, and the first lens group and the final group remain stationary with respect to an image plane, a back focal length of the zoom lens at an air conversion distance at a wide angle end in a state where an infinite distance object is in focus is Bfw, a focal length of the zoom lens at the wide angle end in the state where the infinite distance object is in focus is fw, a maximum half angle of view at the wide angle end in the state where the infinite distance object is in focus is ow, Conditional Expression (1) is satisfied, which is represented by 0.35<Bfw/(fwxtanlowlf)<l.5 (1), an amount of movement of the focus group in a case of changing from the state in which the infinite distance object is in focus to a state in which an imaging magnification is -0.1 times, at a telephoto end, is Dfoct, a difference in a direction of the optical axis between a position of a lens surface closest to the object side in the middle group at the telephoto end and a position of the lens surface closest to the object side in the middle group at the wide angle end, in the state in which the infinite distance object is in focus, is DpM, and Conditional Expression (2) is satisfied, which is represented by 0.005<Dfoct/DpMI<0.3 (2).
One ordinarily skilled in the art would recognize the similarities of both inventions disclosing a zoom lens system within an imaging apparatus.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoshitsugu (20120099003), Tohchi (20100171850), and Hagimori (20040012704) are examples of an imaging device that utilizes a zoom lens system with a plurality of lens units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872