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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a first lens group, a second lens group, a third lens group, and a fourth lens group sequentially disposed … a reflective member disposed on an object side of the first lens group … and L is a distance on the optical axis from an object-side surface of the reflective member to the imaging plane” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-24 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 “0.45 ≤ fG1/L ≤ 0.8 is satisfied, where fG1 is a focal length of the first lens group, and L is a distance on the optical axis from an object-side surface of the reflective member to the imaging plane”, Claim 17 recites “0.4 ≤ LG3/L ≤ 0.7 is satisfied, where LG3 is a distance on the optical axis from an object-side surface of the reflective member to an object-side surface of the third lens group”, and Claim 21 recites “the first lens group has a positive refractive power, and 0.08 ≤ dG2/L ≤ 0.7 is satisfied, where dG2 is a distance along the optical axis that the second lens group moves between the wide-angle mode and the telephoto mode”. For Claims 17 and 21, the limitations on the claimed invention do not include an explicit definition of “L” within the claim. An explicit definition in Claim 1 does not define the term in all claims, though for the purposes of examination it will be understood that “L” carries the same meaning in Claims 17 and 21 albeit an indefinite meaning. The metes and bounds of the phrase “L is a distance on the optical axis from an object-side surface of the reflective member to the imaging plane” would not have been clear to a person having ordinary skill in the art in light of the Specifications. The disclosure does not specify a means for determining the object-side of the reflective member from which to measure the distance “L”. The specifications provides two exemplary embodiments in, for example, [0083]: “the reflective member may be a mirror or a prism”. Absent a specific embodiment provided in the disclosure, a person having ordinary skill in the art would not be able to understand that which is captured in the scope of the claims defined by a relationship with the claimed length. In the art, there is no one form factor of a reflective member nor of a prism nor of a mirror and the corresponding object-side surface would not be understood given the breadth of the invention. In US Pat. 7,123,425, there are embodiments of the reflective member that include a lens integrated with a reflective surface (Fig. 1A) and a distinct lens preceding a reflective surface (Fig. 3A). In light of the claimed invention and for an infringement test, a person having ordinary skill in the art would not understand a corresponding measure of the claimed “L” in light of multiple possible “object-side surface of the reflective member”. For the Fig. 1A embodiment, it would be unclear if the object-side surface is the entrance surface of L11 or the reflective surface of L11. For the Fig. 3A embodiment, it would be unclear if the object-side surface is the entrance surface to L31, the entrance surface to L32, or the reflective surface of L32. In US Pat. 7,253,834, lenses surround a mirror in the mirror group (reflective member) and it would be unclear which of the surfaces would correspond an object-side surface of the reflective member: an entrance surface of LN1 or the surface of VM. In Fig. 4 of US Pat. 7,253,834, there is a mirror preceding the lens group G1 and while an artisan would understand how to interpret a surface of this mirror VM, there would be no corresponding description as object-side because there is no “side” to a single plane. In CN 112612125, the leading prism is a standard optical wedge with three flat surfaces labeled Sa, Sb, Sc. The disclosure clearly presents data on the position of these surfaces in Table 1 ([0128]). Applicant provides no clear embodiment of the reflective member from which to clearly define L and the corresponding numerical ranges captured in respective claims.
Claim 17 defines LG3 analogously to the definition of L and is indefinite for analogous reasons.
Dependent claims 2-16, 18-20, and 22-24 do not remedy these deficiencies.
Claim Interpretation
Claims 1-24 explicitly, or implicitly, define L to be “a distance on the optical axis from an object-side surface of the reflective member to the imaging plane”. Without further specification of the reflective member itself, there is a meaning of this measure within the broadest reasonable interpretation in light of the Specification in which the length is a measure relative to the most object-side surface of the lens system positioned between the image-side of the reflective member and the image plane. As there is no clarity to the structure of the reflective member and the surfaces thereof, the measure of fG1/L, LG3/L, and dG2/L for example, appear to relate to the relative size of the lengths within the lens system relative to the overall length of the lens system. A person having ordinary skill in the art would both understand that a reflective member necessarily has a finite extent related to effective diameters of the lens system and could be arbitrarily positioned as close to the lens system entrance as possible. For the latter, the effective position of a surface of the reflective member substantially coincides with the object-side surface of the first lens of the first lens group. In this way, measure of the claimed “L” substantially coincides with the distance between the object-side surface of a first lens of a first lens group and the image plane.
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 1-2, 5-6, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 112612125 to Yang et al. (hereinafter Yang).
Regarding claim 1, Yang discloses an optical imaging system (Fig. 1) comprising: a first lens group (L1 and L2, Fig. 1, Table 1, [0128]), a second lens group (L3 and L4, Fig. 1, Table 1, [0128]), a third lens group (L5, L6, L7, Fig. 1, Table 1, [0128]), and a fourth lens group (L8, Fig. 1, Table 1, [0128]) sequentially disposed in ascending numerical order along an optical axis of the optical imaging system away from an object side of the optical imaging system toward an imaging plane of the optical imaging system (he image surface S19, Fig. 1, Table 1, [0128]), at least one lens group among the first to fourth lens groups being configured to be movable along the optical axis (lenses L1-L7, Fig. 1, Table 1, [0128]; and a reflective member (right-angle prism 120 with surfaces Sa, Sb, Sc, Fig. 1, Table 1; [0128]) disposed on an object side of the first lens group and comprising a reflective surface (Sb of prism 120, Fig. 1) configured to change an optical path of the optical imaging system, wherein the first lens group has a positive refractive power (fL1 = 9.207, Table 1), and 0.45 ≤ fG1/L ≤ 0.8 is satisfied (18.12mm/33.8mm = 0.54, Table 1; [0128]), where fG1 is a focal length of the first lens group, and L is a distance on the optical axis from an object-side surface of the reflective member to the imaging plane.
Regarding claim 2, Yang discloses the first lens group comprises a first lens (L1, Fig. 1, Table 1; [0128]) and a second lens (L2, Fig. 1, Table 1; [0128]) sequentially disposed in ascending numerical order along the optical axis from an object side of the first lens group toward an image side of the first lens group, one (L1, Fig. 1, Table 1; [0128]) of the first lens and the second lens has a positive focal length (fL1 = 9.207mm, Fig. 1, Table 1; [0128]) and an Abbe number of 50 or more (Abbe-L1= 56.11, Fig. 1, Table 1; [0128]) , and another one (L2, Fig. 1, Table 1; [0128])of the first lens and the second lens has a negative focal length (fL2 = -16.973mm, Fig. 1, Table 1; [0128]) and an Abbe number of 30 or less (AbbeL2 = 27.77, Fig. 1, Table 1; [0128]).
Regarding claim 5, Yang discloses the second lens group has a negative refractive power (fL2 = -7.18mm, Table 1; [0128]), comprises at least two lenses (L3 and L4, Fig. 1, Table 1; [0128]), and is configured to move along the optical axis away from the object side of the optical imaging system toward the image side of the optical imaging system to narrow a field of view of the optical imaging system ((d2+d3)short > (d2+d3)tele, Fig. 1, Table 1; [0128]).
Regarding claims 6 and 17, Yang discloses 0.4 ≤ LG3/L ≤ 0.7 is satisfied (1LG3 = 16.22mm and LG3/L = 6.22mm/33.8mm = 0.48, Fig. 1, Table 1; [0128]), where LG3 is a distance on the optical axis from the object-side surface of the reflective member to an object-side surface of a frontmost lens of the third lens group.
Claims 17-18 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub. 2004/0233302A1 to Kojima (hereinafter Kojima).
Regarding claim 17, Kojima discloses an optical imaging system (Fig. 2) comprising: a first lens group (lGr1, Fig. 2), a second lens group (Gr2, Fig. 2), a third lens group (Gr3, Fig. 2), and a fourth lens group (Gr4, Fig. 2) sequentially disposed in ascending numerical order along an optical axis of the optical imaging system away from an object side of the optical imaging system toward an imaging plane of the optical imaging system (Abstract), at least one lens group among the first to fourth lens groups being configured to be movable along the optical axis (Fig. 2); and a reflective member (prism PR, Fig. 2 & 17) disposed on an object side of the first lens group and comprising a reflective surface (RL of PR, Figs. 2 & 17) configured to change an optical path of the optical imaging system, wherein the first lens group has a positive refractive power (lens L2, Table 2; [0107]), wherein the first lens group has a positive refractive power, 0.4 ≤ LG3/L ≤ 0.7 is satisfied (LG3/L = 41.38mm/57.16mm = 0.7, Table 2; [0107]), where LG3 is a distance on the optical axis from an object-side surface of the reflective member to an object-side surface of the third lens group.
Regarding claims 18 and 22, Kojima discloses the first lens group comprises two lenses (lenses L1 and l2, Fig. 2), the second lens group has a negative refractive power (Gr2, Fig. 2, Table 2; [0107]) and comprises two or three lenses (lenses of Gr2, Fig. 2), the third lens group has a positive refractive power (Gr3, Fig. 2, Table 2; [0107]) and comprises a stop (stop ST, Fig. 2) and two lenses, and the fourth lens group has a positive refractive power and comprises one or two lenses (Fig. 2; [0107]).
Regarding claim 21, Kojima discloses an optical imaging system (Fig. 2) comprising: a first lens group (lGr1, Fig. 2), a second lens group (Gr2, Fig. 2), a third lens group (Gr3, Fig. 2), and a fourth lens group (Gr4, Fig. 2) sequentially disposed in ascending numerical order along an optical axis of the optical imaging system away from an object side of the optical imaging system toward an imaging plane of the optical imaging system (Abstract), at least one lens group among the first to fourth lens groups being configured to be movable along the optical axis (Fig. 2); and a reflective member (prism PR, Fig. 2 & 17) disposed on an object side of the first lens group and comprising a reflective surface (RL of PR, Figs. 2 & 17) configured to change an optical path of the optical imaging system, wherein the first lens group has a positive refractive power (lens L2, Table 2; [0107]), wherein the first lens group has a positive refractive power, and 0.08 ≤ dG2/L ≤ 0.7 is satisfied (dG2/L = 8.215mm/57.16mm = 0.14), where dG2 is a distance along the optical axis that the second lens group moves between the wide-angle mode and the telephoto mode.
Allowable Subject Matter
It cannot be said that Claims 3-4, 7-16, and 23-24 would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F.
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 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.
/CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872
Prosecution Insights