DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Acknowledgement is made of receipt of Information Disclosure Statements (PTO-1449) dated 03/27/2024 and 09/19/2024.
Regarding the IDS dated 03/27/2024, improper document number “US H132100 H” should read “US H001321 H”. Regarding the IDS dated 09/19/2024, improper “Vol. 12079” of the first NPL reference should read “Vol. 12078”.
Since the examiner is able to retrieve each document, the information therein has still been considered as to the merits. The correct citations have been listed on the attached PTO-892 form.
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of 35 USC 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.
4. Claims 9-10, 12-13, 15-16, and 18-20 are rejected under 35 USC 102(a)(1) as being anticipated by Beadie et al. (“Multilayer Polymer GRIN Singlets: Manufacturing and Performance”, International Optical Design Conference, Proc. of SPIE, Vol. 12078, pages 1-5, 9 November 2021).
Regarding claim 9, Beadie discloses a gradient-index (GRIN) lens (Fig. 1), comprising:
a laminate optic comprising a plurality of optical layers (2. Fabrication, page 1, “transparent polymer films”; 2. Fabrication, page 2, “films can be…stacked…and compressed…into optical-quality, transparent sheets”),
the GRIN lens having near spherical (2. Fabrication, page 2) iso-index contours such that dR0/dt ≈ -1 (2. Fabrication, “concentric spherical molds”; 3. Design - “monotonic change in index as a function of GRIN radius”) and κ ≈ 0 (2. Fabrication, “near-spherical internal interfaces”; 3. Design - “spherical GRIN distribution”),
wherein the GRIN lens has a composite structure (Beadie - 2. Fabrication, page 2, “molding between concentric spherical molds”) and is shaped from an optical preform that is produced by molding a charge design (2. Fabrication, page 2, lens obtained by diamond turning).
Regarding claim 10, Beadie discloses wherein a lens diameter is between 3 mm and 250 mm (1. Introduction, 1-inch diameter), the GRIN lens having an F# of 0.5 to 100 (Abstract, f/4 or f/6).
Regarding claim 12, Beadie discloses wherein the lens is shaped from the optical preform by diamond turning (2. Fabrication, page 2).
Regarding claim 13, Beadie discloses a method for producing a (GRIN) lens (Fig. 1), comprising:
providing an initial optical design for a GRIN lens (2. Design, page 2);
producing a charge design with a plurality of shaped optical layers (2. Fabrication, page 2, “films can be…stacked…and compressed…into optical-quality, transparent sheets”);
producing a first preform with the charge design (2. Fabrication, page 2, “to create preforms”);
optimizing the first preform based on previously measured optical parameters to produce a second preform (3. Design, page 3, “revised, design optimization loop”); and
forming the GRIN lens conforming to the initial optical design from the second preform (2. Fabrication, page 2, lens obtained by diamond turning).
Regarding claim 15, Beadie discloses wherein the GRIN lens has near spherical (2. Fabrication, page 2) iso-index contours such that dR0/dt ≈ -1 (Beadie - 2. Fabrication, “concentric spherical molds”; 3. Design - “monotonic change in index as a function of GRIN radius”) and κ ≈ 0 (Beadie - 2. Fabrication, “near-spherical internal interfaces”; 3. Design - “spherical GRIN distribution”).
Regarding claim 16, Beadie discloses forming the GRIN lens with diamond turning from the second preform (2. Fabrication, page 2).
Regarding claim 18, Beadie discloses wherein the charge design comprises layered planar optical materials (2. Fabrication, page 2, “films can be…stacked…and compressed…into optical-quality, transparent sheets”; 3. Design, plano lenses).
Regarding claim 19, Beadie discloses wherein the charge design comprises a partially layered structure with suspended or captured sub-elements (2. Fabrication, page 2, “concentric”).
Regarding claim 20, Beadie discloses wherein a diameter of the GRIN lens is between 3 mm and 250 mm (1. Introduction, 1-inch diameter).
Claim Rejections - 35 USC § 103
5. The following is a quotation of 35 USC 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.
6. The factual inquiries for establishing a background for determining obviousness under 35 USC 103 are summarized as follows:
1) Determining the scope and contents of the prior art.
2) Ascertaining the differences between the prior art and the claims at issue.
3) Resolving the level of ordinary skill in the pertinent art.
4) Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. Claims 1-7 are rejected under 35 USC 103 as being unpatentable over Beadie in view of Isao et al. (RU 2272054 C2).
Regarding claim 1, Beadie discloses a method for forming a gradient-index (GRIN) lens (Fig. 1), comprising:
providing an optical design of a GRIN lens (3. Design, page 2);
forming a GRIN material (2. Fabrication, page 1, “transparent polymer films”);
shaping a pre-determined charge design (2. Fabrication, page 2, “films can be…stacked…and compressed…into optical-quality, transparent sheets”);
shaping the charge design into an optical preform (2. Fabrication, page 2, “to create preforms”); and
forming the GRIN lens from the optical preform such that the GRIN lens conforms to the optical design (2. Fabrication, page 2, lens obtained by diamond turning).
Beadie fails to disclose forming the GRIN material into an annealed puck.
However, Isao teaches methods for forming GRIN lenses (page 37 lines 9-33), and discloses wherein GRIN material is formed into an annealed puck (page 37 lines 9-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Beadie and Isao such that GRIN material was formed into an annealed puck, and the puck was shaped, motivated by allowing for more precise control over optical characteristics of GRIN lenses.
Regarding claim 2, modified Beadie discloses wherein the GRIN lens has a composite molded structure (Beadie - 2. Fabrication, page 2, “molding between concentric spherical molds”).
Regarding claim 3, modified Beadie discloses wherein the GRIN lens is a laminate optic (Beadie - 3. Design, page 3) with near spherical (Beadie - 2. Fabrication, page 2) iso-index contours such that dR0/dt ≈ -1 (Beadie - 2. Fabrication, “concentric spherical molds”; 3. Design - “monotonic change in index as a function of GRIN radius”) and κ ≈ 0 (Beadie - 2. Fabrication, “near-spherical internal interfaces”; 3. Design - “spherical GRIN distribution”).
Regarding claim 4, modified Beadie discloses wherein a diameter of the GRIN lens is between 3 mm and 250 mm (Beadie - 1. Introduction, 1-inch diameter).
Regarding claim 5, modified Beadie discloses wherein a surface profile of the charge design is described by spherical (Beadie - page 2), aspherical (Beadie - page 2), planar, or freeform shapes, or by a piece-wise defined function.
Regarding claim 6, modified Beadie discloses wherein the charge design comprises layered planar optical materials (Beadie - 2. Fabrication, page 2, “films can be…stacked…and compressed…into optical-quality, transparent sheets”).
Regarding claim 7, modified Beadie discloses wherein the charge design comprises a partially layered structure with suspended or captured sub-elements (Beadie - 2. Fabrication, page 2, “concentric”).
8. Claims 8 is rejected under 35 USC 103 as being unpatentable over Beadie in view of Isao, and further in view of Daugela et al. (US 20180252896 A1).
Regarding claim 8, modified Beadie discloses wherein the GRIN lens is suitable for use as an objective for cameras (Beadie - 4. Performance).
Modified Beadie fails to explicitly disclose wherein the GRIN lens is suitable for use as an objective for imaging devices including riflescopes, binoculars, spotting scopes, and cameras.
However, Daugela teaches the use of a GRIN lens ([0031]), and discloses wherein the GRIN lens is suitable for use as an objective for imaging devices including riflescopes ([0013]), binoculars ([0013]), spotting scopes ([0036]), and cameras ([0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine modified Beadie and Daugela such that the GRIN lens was used in riflescopes, binoculars, and spotting scopes, motivated by adapting the lens to a variety of applications.
9. Claims 11 and 17 are rejected under 35 USC 103 as being unpatentable over Beadie in view Daguela.
Regarding claims 11 and 17, Beadie discloses wherein the lens is suitable for use as an objective for cameras (Beadie - 4. Performance).
Beadie fails to explicitly disclose wherein the GRIN lens is suitable for use as an objective for imaging devices including riflescopes, binoculars, spotting scopes, and cameras.
However, Daugela teaches the use of GRIN lenses ([0031]), and discloses wherein the GRIN lens is suitable for use as an objective for imaging devices including riflescopes ([0013]), binoculars ([0013]), spotting scopes ([0036]), and cameras ([0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine modified Beadie and Daugela such that the GRIN lens was used in riflescopes, binoculars, and spotting scopes, motivated by adapting the lens to a variety of applications.
10. Claims 14 is rejected under 35 USC 103 as being unpatentable over Beadie in view of Isao, and further in view of Waks et al. (US 20220114706 A1).
Regarding claim 14, modified Beadie fails to disclose the use of a combination of artificial intelligence, machine learning, and optimization techniques to optimize the first preform.
However, Waks teaches the use of GRIN lenses ([0053]), and discloses the use of a combination of artificial intelligence, machine learning, and optimization techniques to optimize the GRIN lenses ([0037] and [0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine modified Beadie and Waks such that A.I., ML, and optimization techniques were used to optimize the first preform, motivated by allowing for more precise control over optical characteristics of GRIN lenses.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Jeffery Jordan whose telephone number is 571-270-7641. The examiner can normally be reached 9:30a-6:00p.
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/D. J. J./Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872