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
The information disclosure statement (IDS) submitted on 4/16/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 21 (and corresponding dependent claims) is objected to because of the following informalities: in line 2, “configured for attachment with” should be changed to
--configured for attaching to--. The dependent claims inherit the objection from their parent claim. Appropriate correction is required.
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 26 and 27 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.
Specifically, applicant discloses wherein claims 26 and 27 are dependent from cancelled claim 1, rendering the claims vague and indefinite. For purpose of examination, it was presumed applicant intended for said claims to be dependent from claim 21.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claim(s)/combination of claims (21, 22, 25, & 26), 24, 28, 29, 31, 32, 34, 36, and 37 are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claim(s)/combination of claims 10, 11, 1, (1 & 6), 1, 9, 7, (1& 4), and 1 of U.S. Patent No. 11,960,099 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of said claims are disclosed in the respective claim(s)/combination of claims of U.S. Patent No. 11,960,099 B2 and are therefore anticipated by said claim(s)/combination of claims.
Current Application
U.S. Patent 11,960,099 B2
21. A method for introducing optical aberrations in a camera lens comprising
21. passing an optical image through an attachment configured for attaching to the camera lens, wherein the attachment comprises one or more lens elements
22. The method of claim 21, wherein the optical aberrations are non-rotationally symmetric.
21. configured to produce the optical aberrations without any significant image compression in any axial direction.
10. A method for inducing optical aberrations in a camera lens comprising:
attaching a housing to a camera lens, wherein the housing comprises a lens group disposed therein including lens elements, and wherein the lens group is interposed between an object space and the camera lens; and
processing an image from the object space through the lens group to induce non-rotationally symmetric
optical aberrations in the camera lens without significant image compression in any axial dimension.
24. The method of claim 21, wherein any image compression produced by the one or more lens elements is less than 1.09.
11. The method as recited in claim 10, wherein during the step of processing, any image compression is less than 1.09.
25. The method of claim 21, wherein during the step of passing, the optical image passes through two or more lens elements.
10. attaching a housing to a camera lens, wherein the housing comprises a lens group disposed therein including lens elements…
processing an image from the object space through the lens group
26. The method of claim 21, wherein before the step of passing, the attachment is operatively coupled to the camera lens.
10. attaching a housing to a camera lens, wherein the housing comprises a lens group disposed therein including lens elements… and processing an image from the object space through the lens group
28. An optical attachment for use with a camera, the optical attachment comprising a housing including a lens group therein comprising one or more lens elements, wherein the housing is configured to couple with a lens of the camera,
wherein the lens group is configured to induce optical aberrations in the camera lens without significant image compression in any axial direction.
1. An attachment for use with a camera lens, wherein the attachment comprises a housing configured to connect with the camera lens and accommodate placement of a lens group therein, wherein the lens group comprises lens elements, and
wherein the lens group is configured to induce non-rotationally symmetric optical aberrations in the camera lens without significant image compression in any axial dimension.
29. (New) The optical attachment of claim 28, wherein the lens group comprises two or more lenses,
wherein the lenses are nonrotatable relative to one another in the housing.
1. wherein the attachment comprises a housing configured to connect with the camera lens… wherein the lens group comprises lens elements…
6. The attachment as recited in claim 1, wherein the lens elements are fixed (i.e. nonrotatable relative to one another) in the housing.
31. The optical attachment of claim 28, wherein the optical aberrations are non-rotationally symmetric.
1. wherein the lens group is configured to induce non-rotationally symmetric optical aberrations…
32. The optical attachment of claim 28, wherein the optical aberrations are selected from the group consisting of astigmatism, coma, flare, and combinations thereof.
9. The attachment as recited in claim 1, wherein the non-rotationally symmetric optical aberrations are selected from the group consisting of astigmatism, coma, flare, and combinations thereof.
34. The optical attachment of claim 28, wherein the camera lens is spherical.
7. The attachment as recited in claim 1, wherein the camera lens is spherical.
36. An optical attachment for use with a camera having a lens comprising a lens group of two or more lens elements disposed in an attachment housing, wherein the attachment housing is configured to connect with the camera lens, wherein the lens group is configured to produce optical aberrations for image capture by the camera, wherein any image compression produced by the optical attachment is less than 1.09.
1. An attachment for use with a camera lens, wherein the attachment comprises a housing configured to connect with the camera lens and accommodate placement of a lens group therein, wherein the lens group comprises lens elements, and wherein the lens group is configured to induce non-rotationally symmetric optical aberrations in the camera lens without significant image compression in any axial dimension.
4. The attachment as recited in claim 1, wherein any image compression caused by the lens group is less than 1.09.
37. The optical attachment of claim 36, wherein the optical aberrations are non- rotationally symmetric.
1. wherein the lens group is configured to induce non-rotationally symmetric optical aberrations in the camera lens
Claim(s)/combination of claims (28 & 33) and (36 & 37) are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claim(s)/combination of claims (1 & 4) and (1 & 4) of U.S. Patent No. 11,237,400 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of said claims are disclosed in the respective claim(s)/combination of claims of U.S. Patent No. 11,237,400 B2 and are therefore anticipated by said claim(s)/combination of claims.
Current Application
U.S. Patent 11,237,400 B2
28. An optical attachment for use with a camera, the optical attachment comprising a housing including a lens group therein comprising one or more lens elements, wherein the housing is configured to couple with a lens of the camera,
28. wherein the lens group is configured to induce optical aberrations in the camera lens without significant image compression in any axial direction.
33. The optical attachment of claim 28, wherein any image compression produced by the one or more lens elements is less than 1.09.
36. An optical attachment for use with a camera having a lens comprising a lens group of two or more lens elements disposed in an attachment housing, wherein the attachment housing is configured to connect with the camera lens,
wherein the lens group is configured to produce optical aberrations for image capture by the camera, wherein any image compression produced by the optical attachment is less than 1.09.
1. An attachment for use with a camera system, wherein the attachment comprises a lens group including lens elements,
4. The attachment as recited in claim 1, wherein the lens group is coupled to a housing, and wherein the housing is configured to attach to the camera lens.
1. the lens group being configured to induce non-rotationally symmetric optical aberrations in a lens of the camera system without producing compression in any axial direction of greater than 1.09, and wherein the lens group is configured to be positioned between an object space and the camera lens.
1. An attachment for use with a camera system, wherein the attachment comprises a lens group including lens elements,
4. The attachment as recited in claim 1, wherein the lens group is coupled to a housing, and wherein the housing is configured to attach to the camera lens.
1. the lens group being configured to induce non-rotationally symmetric optical aberrations in a lens of the camera system without producing compression in any axial direction of greater than 1.09, and wherein the lens group is configured to be positioned between an object space and the camera lens.
37. The optical attachment of claim 36, wherein the optical aberrations are non- rotationally symmetric.
1. the lens group being configured to induce non-rotationally symmetric optical aberrations in a lens of the camera system
Allowable Subject Matter
Claims 23, 30, 35, and 38-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach a combination of all the claimed features as presented in claim 23: a method as claimed, specifically wherein an image capture by the camera lens is nonanamorphic.
The prior art fails to teach a combination of all the claimed features as presented in claim 30: an optical attachment as claimed, specifically comprising two lens elements each having a flat surface and a opposite cylindrical surface.
The prior art fails to teach a combination of all the claimed features as presented in claim 35: an optical attachment as claimed, specifically wherein an image capture by the camera lens is nonanamorphic.
The prior art fails to teach a combination of all the claimed features as presented in claim 38: an optical attachment as claimed, specifically wherein the lens elements are cylindrical and each comprises a flat surface and an opposed cylindrical surface.
The prior art fails to teach a combination of all the claimed features as presented in claim 39: an optical attachment as claimed, specifically wherein the lens elements are fixed in the housing and nonrotatable relative to one another.
The prior art fails to teach a combination of all the claimed features as presented in claim 40: an optical attachment as claimed, specifically wherein the optical aberrations are selected from the group consisting of astigmatism, coma, flare, and combinations thereof.
Claim 27 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, taking into account the presumption(s) made in the examination of the claim.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach a combination of all the claimed features as presented in claim 27: a method as claimed, specifically wherein the optical aberrations are selected from the group consisting of astigmatism, coma, flare, and combinations thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOI/Primary Examiner, Art Unit 2872 March 16, 2026