ifDETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed 05/28/2026 have been fully considered but they are not persuasive. Applicant alleges that the scope of claim 1 is narrower than the scope of claim 2 of Patent ‘325, which requires only “the second time being different from the first time”, however said allegation is found unpersuasive provided that the phrase “the second time being different from the first time”, implies that the second time, which has to occur after the first time, therefore, the second time has to be larger than the first time since time itself is considered linear when it progresses in a straight, unidirectional path from past to present to future.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 2 of prior U.S. Patent No. 11,474,325 (Patent ‘325). This is a statutory double patenting rejection.
Claim of the present application
Claim of Patent No. 11,474,325
An interchangeable lens attachable to a camera body, the interchangeable lens comprising:
a focusing optical system configured to vary a focal position of the interchangeable lens;
a detector configured to detect a position of the focusing optical system on an optical axis of the interchangeable lens; and
a transmitter configured to transmit a first value and a second value to the camera body,
the first value indicating a first relationship between an amount of movement of the focusing optical system and an amount of movement of an image plane and being determined based on the position of the focusing optical system detected by the detector, the second value indicating a second relationship between the amount of movement of the focusing optical system and the amount of movement of the image plane,
the second value being a minimum value of the second first relationship between the amount of movement of the focusing optical system and the amount of movement of the image plane,
when the position of the focusing optical system detected by the detector is a first position, the first value is larger than the second value, and
when the position of the focusing optical system detected by the detector is a second position, the first value is equal to the second value, wherein the first value is a first coefficient corresponding to TI/TL where the TL is the amount of movement of the focusing optical system and the TI is the amount of movement of the image plane, and wherein the second value outputted from the transmitter at a first time differs from the second value outputted from the transmitter at a second time, the second time being larger than the first time.
An interchangeable lens attachable to a camera body, the interchangeable lens comprising:
a focusing optical system configured to vary a focal position of the interchangeable lens;
a detector configured to detect a position of the focusing optical system on an optical axis of the interchangeable lens; and
a transmitter configured to transmit a first value and a second value to the camera body,
the first value indicating a first relationship between an amount of movement of the focusing optical system and an amount of movement of an image plane and being determined based on the position of the focusing optical system detected by the detector, the second value indicating a second relationship between the amount of movement of the focusing optical system and the amount of movement of the image plane,
the second value being a minimum value of the first relationship between the amount of movement of the focusing optical system and the amount of movement of the image plane,
when the position of the focusing optical system detected by the detector is a first position, the first value is larger than the second value, and
when the position of the focusing optical system detected by the detector is a second position, the first value is equal to the second value, wherein the first value is a first coefficient corresponding to Tl/TL,
where the TL is the amount of movement of the focusing optical system and the Tl is the amount of movement of the image plane.
2. The interchangeable lens according to claim 1, wherein the second value outputted from the transmitter at a first time differs from the second value outputted from the transmitter at a second time, the second time being different from the first time.
Conclusion
THIS ACTION IS MADE FINAL. 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 MINH Q PHAN whose telephone number is (571)270-3898. The examiner can normally be reached Mon-Fri 9am-5pm.
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MINH Q. PHAN
Primary Examiner
Art Unit 2852
/MINH Q PHAN/Primary Examiner, Art Unit 2852
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