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 .
Examiner’s Comments
The amendment to the specification is acknowledged.
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.
Claims 1, 2, 5 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (USPG Pub No. 2016/0048005), hereinafter “Chen”, in view of Chen et al. (USPG Pub No. 2013/0279021), hereinafter “Chen ‘021”.
Regarding claim 1, Chen discloses an optical photographing system (10) comprising six lens elements (see Fig. 18), the six lens elements being, in order from an object side to an image side: a first lens element (3), a second lens element (4), a third lens element (5), a fourth lens element (6), a fifth lens element (7) and a sixth lens element (8) (see Figs. 18, 19); each of the six lens elements has an object-side surface towards the object side and an image-side surface towards the image side (see Figs. 18, 19); wherein the first lens element (3) has positive refractive power, the object-side surface of the first lens element is convex in a paraxial region thereof, the image-side surface of the first lens element is convex in a paraxial region thereof (see Figs. 18, 19); the object-side surface of the second lens element (4) is convex in a paraxial region thereof (see Figs. 18, 19); the third lens element (5) has positive refractive power (see Fig. 19); the fifth lens element (7) has positive refractive power, the object-side surface of the fifth lens element is concave in a paraxial region thereof, the image-side surface of the fifth lens element is convex in a paraxial region thereof (see Figs. 18, 19); the object-side surface of the sixth lens element (8) is convex in a paraxial region thereof, the image-side surface of the sixth lens element is concave in a paraxial region thereof, the image-side surface of the sixth lens element comprises at least one convex shape in an off-axis region thereof (see Figs. 18, 19); wherein a central thickness of the fourth lens element (6) is greater than an axial distance between the fifth lens element and the sixth lens element (7, 8) (see Fig. 19); wherein a total number of the optical photographing system is six (see Figs. 18, 19), a central thickness of the first lens element is CT1, a central thickness of the second lens element is CT2, a central thickness of the third lens element is CT3, the central thickness of the fourth lens element is CT4, a central thickness of the fifth lens element is CT5 (see Figs. 18, 19). Chen discloses the claimed invention but does not specify and the following condition is satisfied: (CT1+CT2+CT4)/(CT3+CT5) < 0.80. In the same field of endeavor, Chen ‘021 discloses and the following condition is satisfied: (CT1+CT2+CT4)/(CT3+CT5) < 0.80 (Table 17). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical photographing system of Chen with and the following condition is satisfied: (CT1+CT2+CT4)/(CT3+CT5) < 0.80 of Chen ‘021 for the purpose of providing a more compact system featuring better image quality (Paragraph 5). It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Regarding claim 2, Chen and Chen ‘021 teach the optical photographing system set forth above for claim 1, Chen ‘021 further discloses wherein the fourth lens element (Lens 4) has negative refractive power (Table 17); the sixth lens element (Lens 6) has negative refractive power (Table 17); the central thickness of the first lens element is CT1, the central thickness of the second lens element is CT2, the central thickness of the third lens element is CT3, the central thickness of the fourth lens element is CT4, the central thickness of the fifth lens element is CT5, and the following condition is satisfied: (CT1+CT2+CT4)/(CT3+CT5) ≤ 0.77 (Table 17).
It would have been obvious to one of ordinary skill to provide the optical photographing system of Chen with the teachings of Chen ‘021 for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 5, Chen and Chen ‘021 teach the optical photographing system set forth above for claim 1, Chen ‘021 further discloses wherein a focal length of the fifth lens element (Lens 5) is f5, a focal length of the sixth lens element (Lens 6) is f6, a focal length of the optical photographing system is f, an axial distance between the object-side surface of the first lens element and an image surface is TL, and the following conditions are satisfied: 0.70 < |f5/f6| < 1.0; and 0.45 < f/TL < 0.70 (Table 17). It would have been obvious to one of ordinary skill to provide the optical photographing system of Chen with the teachings of Chen ‘021 for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 7, Chen further discloses wherein an absolute value of a curvature radius of the object-side surface of the third lens element (5) is larger than an absolute value of a curvature radius of the object-side surface of the fifth lens element (7) (see Fig. 19).
Regarding claim 8, Chen further discloses wherein a central thickness of the sixth lens element (8) is larger than the central thickness of the first lens element (3) (see Fig. 19).
Regarding claim 9, Chen and Chen ‘021 teach the optical photographing system set forth above for claim 1, Chen ‘021 further discloses wherein an absolute value of a focal length of the second lens element (Lens 2) is larger than an absolute value of a focal length of the third lens element (Lens 3) (Table 17). It would have been obvious to one of ordinary skill to provide the optical photographing system of Chen with the teachings of Chen ‘021 for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 10, Chen further discloses an image capturing apparatus (12) (see Fig. 31, Paragraph 163), comprising: the optical photographing system (10) of claim 1 (see Fig. 31, Paragraph 163); and an image sensor (130) disposed on an image surface of the optical photographing system (10) (see Fig. 31, Paragraph 164).
Regarding claim 11, Chen further discloses an electronic device (1) (see Fig. 31, Paragraph 163), comprising: the image capturing apparatus (12) of claim 10 (see Fig. 31, Paragraph 163).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (USPG Pub No. 2016/0048005) in view of Chen ‘021 (USPG Pub No. 2013/0279021) as applied to claim 1 above, and further in view of Chen et al. (USPG Pub No. 2013/0235473), hereinafter “Chen ‘473”.
Regarding claim 3, Chen and Chen ‘021 disclose the claimed invention except for wherein a focal length of the second lens element is f2, a focal length of the third lens element is f3, and the following condition is satisfied: 0.17 < |f3/f2| < 0.50. In the same field of endeavor, Chen ‘473 discloses wherein a focal length of the second lens element (Lens 2) is f2, a focal length of the third lens element (Lens 3) is f3, and the following condition is satisfied: 0.17 < |f3/f2| < 0.50 (Table 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical photographing system of Chen and Chen ‘021 with wherein a focal length of the second lens element is f2, a focal length of the third lens element is f3, and the following condition is satisfied: 0.17 < |f3/f2| < 0.50 of Chen ‘473 for the purpose of providing an optical photographing system with excellent imaging quality without excessive total track length (Paragraph 6).
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (USPG Pub No. 2016/0048005) in view of Chen ‘021 (USPG Pub No. 2013/0279021) as applied to claim 1 above, and further in view of Lee et al. (USPG Pub No. 2015/0138425), hereinafter “Lee”.
Regarding claim 4, Chen and Chen ‘021 disclose the claimed invention except for wherein a curvature radius of the object-side surface of the first lens element is R1, a curvature radius of the image-side surface of the first lens element is R2, and the following condition is satisfied: 0.13 < |R2/R1|< 3.0. In the same field of endeavor, Lee discloses wherein a curvature radius of the object-side surface (Surface #1) of the first lens element is R1, a curvature radius of the image-side surface (Surface #2) of the first lens element is R2, and the following condition is satisfied: 0.13 < |R2/R1|< 3.0 (Table 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical photographing system of Chen and Chen ‘021 with wherein a curvature radius of the object-side surface of the first lens element is R1, a curvature radius of the image-side surface of the first lens element is R2, and the following condition is satisfied: 0.13 < |R2/R1|< 3.0 of Lee for the purpose of providing an optical photographing system with a design that realizes optical performance suitable for various uses along with miniaturization (Paragraph 6).
Regarding claim 6, Chen and Chen ‘021 disclose the claimed invention except for wherein an axial distance between the fourth lens element and the fifth lens element is larger than an axial distance between the third lens element and the fourth lens element. In the same field of endeavor, Lee discloses wherein an axial distance between the fourth lens element and the fifth lens element is larger than an axial distance between the third lens element and the fourth lens element (Table 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the optical photographing system of Chen and Chen ‘021 with wherein an axial distance between the fourth lens element and the fifth lens element is larger than an axial distance between the third lens element and the fourth lens element of Lee for the purpose of providing an optical photographing system with a design that realizes optical performance suitable for various uses along with miniaturization (Paragraph 6).
Response to Arguments
Applicant’s arguments with respect to claims 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Chen in view of Chen ‘021 addresses the subject matter challenged by Applicant.
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 MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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.
/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 9/5/2026
Prosecution Insights