CTFR 18/640,034 CTFR 79712 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Arguments Applicant’s arguments with respect to claim(s) 1-3 and 15 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. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Yanagisawa (U.S. Patent Application Publication No. 2021/0191239) in view of Cotoros et al. (U.S. Patent Application Publication No. “Cotoros”) . Regarding claim 1, Yanagisawa discloses a lens apparatus (Figures 1-4; abstract) comprising: an optical element (52); a holding barrel (58) holding the optical element; and a rotation restriction member (57, 57a) fixed to the optical member (Figure 4; Paragraph [0038]), wherein the rotation restriction member is configured to come into abutment against the holding barrel along a direction of rotation of the optical element about an optical axis (see Figure 3 57a and corresponding groove 58a), to restrict the rotation of the optical element about an optical axis, relative to the holding barrel (52/57 and 58 maintain a same alignment with each other due to the 58a/57a alignment), and lacks contact with the holding barrel along an optical axis direction and a radial direction of the optical element (Figure 3). Yanagisawa fails to disclose the rotation restriction member as bonded to the optical element. Cotoros, however, teaches the lens element (430) as bonded to its respective ring element (Figure 4 elements 430 and 440). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to bond the lens (52) of Yanagisawa to its retaining ring (57) to secure the lens to the ring according to conventional means (Cotoros: Paragraph [0110]). Bonding the lens (52) of Yanagisawa with the ring (57) would result in a structure in which the optical element is bonded to the rotation restriction member. Cotoros teaches bonding by glue as one of many known methods for fixing a lens and retaining ring structure interchangeable with interlocking with a flange and friction locking [0100]). Regarding claim 2, Yanagisawa discloses the rotation restriction member as fixed so as to radially protrude from an outer peripheral surface of the optical member (Figure 4 elements 57 and 57a). Regarding claim 3, Yanagisawa discloses the rotation restriction member as fitted into a notched part provided in a part along a circumferential direction of the holding barrel (Figure 4) . 07-21-aia AIA Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Yanagisawa in view of Cotoros and in further view of Ohno (U.S. Patent Application Publication No. 2012/0281297) . Regarding claim 15, Yanagisawa discloses the lens apparatus as discussed above, but fails to disclose the lens apparatus as part of an image pickup apparatus including an image pickup element configured to pick up an image formed by the lens apparatus. Ohno, however, teaches an image pickup element (Figure 1 element 5) configured to pick up an image formed by an analogous lens element (Figure 1 element 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the Yanagisawa lens apparatus as part of an image pickup apparatus having an image pickup element configured to pick up an image formed by the lens apparatus. One would have been motivated to form the lens apparatus as part of an image pickup apparatus as proposed to benefit from the ability to adjusting the lens thickness post manufacture (Yanagisawa: Paragraph [0003] and due to their similar portable zoom lens capabilities (Ohno: Paragraphs [0003], [0095]) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 4-14 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. 12-151-07 AIA 07-97 12-51-07 Claim 16 is allowed. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 4 and 14, in particular, the prior art fails to disclose or suggest the lens apparatus as further comprising the biasing barrel sandwiching the mirror between the biasing barrel and the holding barrel and a biasing member configured to bias the biasing barrel toward the holding barrel in combination with the elements of claim 1. Regarding claim 16, the prior art fails to disclose or suggest the lens apparatus as further comprising the biasing barrel sandwiching the mirror between the biasing barrel and the holding barrel and a biasing member configured to bias the biasing barrel toward the holding barrel in combination with the other elements of claim 16 . Conclusion 07-40 AIA 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. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H CALEY whose telephone number is (571)272-2286. The examiner can normally be reached M-F 9am - 5pm. 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, Allana Bidder can be reached at 571-272-5560. 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. /MICHAEL H CALEY/ Supervisory Patent Examiner, Art Unit 2871 Application/Control Number: 18/640,034 Page 2 Art Unit: 2871 Application/Control Number: 18/640,034 Page 3 Art Unit: 2871 Application/Control Number: 18/640,034 Page 4 Art Unit: 2871 Application/Control Number: 18/640,034 Page 5 Art Unit: 2871 Application/Control Number: 18/640,034 Page 6 Art Unit: 2871
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