Prosecution Insights
Last updated: October 02, 2026
Application No. 18/717,545

MICROSCOPE OBJECTIVE LENS, MICROSCOPE OPTICAL SYSTEM, AND MICROSCOPE APPARATUS

Non-Final OA §102§103
Filed
Jun 07, 2024
Priority
Dec 23, 2021 — JP 2021-209955 +1 more
Examiner
LIU, SHAN
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NIKON Corporation
OA Round
2 (Non-Final)
72%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
461 granted / 637 resolved
+4.4% vs TC avg
Strong +39% interview lift
Without
With
+39.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
29 currently pending
Career history
652
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
59.7%
+19.7% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 637 resolved cases

Office Action

§102 §103
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 . Claim Objections Claim 4 is objected to because of the following informalities: In claim 4, line 4, "the cemented lenses " should read - -the one or more cemented lenses - - Appropriate correction is required. Response to Arguments Applicant’s arguments, see Pages 5-7, filed 08/27/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejections previously set forth in the Non-Final Office Action mailed 04/27/2026 has been withdrawn. However, upon further consideration, a new ground(s) of rejections for claims 1, 3-4, 6 and 8-9 are made as stated below. 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 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. Claim Rejections - 35 USC § 102 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, 3, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US 2006/0114554, 1st interpretation). Regarding claim 1, Suzuki teaches a microscope objective lens (the objective lens in Fig. 30, which is corresponding to the objective lens 11 in Fig. 11, Fig. 31-33, Table 7, third embodiment and tenth Embodiment, [0103-0108, 0211-0216, 0060-0097]) essentially consisting of a first lens group (G1 in Fig. 30, [0211]) having positive refractive power (Fig. 30, [0211], G1 condenses light in Fig. 30, the focal length of G1 is 58.87 from Table 7), a second lens group (G2 in Fig. 30, [0211]) having negative refractive power (Fig. 30, [0211], G2 diverges light in Fig. 30, the focal length of G2 is -11.25 from Table 7 and Table 9), and a third lens group (G3 in Fig. 30, [0211]) having positive refractive power (Fig. 30, the focal length of G3 is 37.477 from Table 7), the first lens group (G1 in Fig. 30, [0211]), the second lens group (G2 in Fig. 30, [0211]), and the third lens group (G3 in Fig. 30, [0211]) being arranged along an optical axis in order from an object (Fig. 30 and Fig. 11), wherein the first lens group (G1 in Fig. 30, [0211]) comprises a cemented lens (ML1 in Fig. 30, [0211]) including a negative lens (L13 in Fig. 30) and condenses a light flux (Fig. 30, the focal length of G1 is 58.87 from Table 7) from the object (Fig. 30 and Fig. 11), the second lens group (G2 in Fig. 30, [0211]) diverges a light flux (Fig. 30, the focal length of G2 is -11.25 from Table 7 and Table 9) from the first lens group (G1 in Fig. 30, [0211]), the third lens group (G3 in Fig. 30, [0211], the focal length of G3 is 37.477 from Table 7) makes a divergent light flux (Fig. 30) from the second lens group (G2 in Fig. 30, [0211]) a parallel light flux (Fig. 30), and the following conditional expression is satisfied, 0.625<θgF1N<0.725 (Table 7, (i) for Lens L13, nd=1.80809 and vd=22.8 in Table 7, therefore, (nF1N-nC1N)=(nd-1)/vd=(1.80809-1)/22.8=0.03544; (ii) based on material properties (optical glass dispersion data), optical glass with nd=1.80809, vd=22.8 and (nF1N-nC1N)=0.03544 is corresponding to a standard commercial high-dispersion dens flint glass (such as Ohara S-NPH1), and the individual spectral refractive indices are nC1N≈1.79720, nd=1.80809; nF1N≈1.83264; ng1N≈1.85632; (iii) so, it can be calculated that (ng1N-nF1N)=1.85632-1.83264≈0.023676 and θgF1N=(ng1N-nF1N)/(nF1N-nC1N)=0.023676/0.03544=0.668) 22.5<νd1N<30 (Table 7, Fig. 30, νd1N is 22.8 for lens L13) where νd1N: an Abbe number (Table 7, [0198]) of the negative lens (L13 in Fig. 30) in the cemented lens (ML1 in Fig. 30, [0211]) of the first lens group (G1 in Fig. 30, [0211]), and θgF1N: a partial dispersion ratio of the negative lens (L13 in Fig. 30) in the cemented lens (ML1 in Fig. 30, [0211]) of the first lens group (G1 in Fig. 30, [0211]), the partial dispersion ratio being defined, when a refractive index of the negative lens with respect to a g-line is denoted by ng1N, a refractive index of the negative lens with respect to an F-line is denoted by nF1N, and a refractive index of the negative lens with respect to a C-line is denoted by nC1N, by the following expression, θgF1N=(ng1N-nF1N)/(nF1N-nC1N). Regarding claims 3, 6 and 9, Suzuki also teaches the following elements: (Claim 3) the second lens group (G2 in Fig. 30, [0211]) comprises a cemented lens (ML2 in Fig. 30, Table 7) having negative refractive power (Fig. 30, Table 7), and the following conditional expression is satisfied, -3<(Rc2+Rc1)/(Rc2-Rc1)<-1 (Fig. 30, Table 7, RC1=28.01779, RC2=12.31254, (Rc2+Rc1)/(Rc2-Rc1)=-2.56795), where Rc1: a radius of curvature of a lens surface that is closest to the object in the cemented lens of the second lens group, and Rc2: a radius of curvature of a lens surface that is closest to an image in the cemented lens of the second lens group (Fig. 30, Table 7). (Claim 6) the following conditional expression is satisfied,0.022 < θgF1N - (0.645 - 0.0017 x vd1N) < 0.125 (Table 7, as stated in the rejection of claim 1 above, θgF1N=0.668, νd1N=22.8, therefore, θgF1N - (0.645 - 0.0017 x vd1N)=0.668-(0.645-0.0017*22.8)=0.06176). (Claim 9) A microscope apparatus (Fig. 11) comprising the microscope objective lens (Fig. 11, Fig. 30). Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (US 2006/0114554, 2nd interpretation). Regarding claim 1, Suzuki teaches a microscope objective lens (the objective lens in Fig. 30, which is corresponding to the objective lens 11 in Fig. 11, Fig. 31-33, Table 7, third embodiment and tenth Embodiment, [0103-0108, 0211-0216, 0060-0097]) essentially consisting of a first lens group (G1 in Fig. 30, [0211]) having positive refractive power (Fig. 30, [0211], G1 condenses light in Fig. 30, the focal length of G1 is 58.87 from Table 7), a second lens group (the lens group including L21 and ML2 in Fig. 30, [0211]) having negative refractive power (Fig. 30, [0211], the focal length of the lens group including L21 and ML2 is -22.789 from Table 7), and a third lens group (the lens group including ML3 and L31 in Fig. 30, [0211]) having positive refractive power (Fig. 30, the focal length of the lens group including ML3 and L31 is 73.65 from Table 7), the first lens group (G1 in Fig. 30, [0211]), the second lens group (the lens group including L21 and ML2 in Fig. 30, [0211]), and the third lens group (the lens group including ML3 and L31 in Fig. 30, [0211]) being arranged along an optical axis in order from an object (Fig. 30 and Fig. 11), wherein the first lens group (G1 in Fig. 30, [0211]) comprises a cemented lens (ML1 in Fig. 30, [0211]) including a negative lens (L13 in Fig. 30) and condenses a light flux (Fig. 30, the focal length of G1 is 58.87 from Table 7) from the object (Fig. 30 and Fig. 11), the second lens group (the lens group including L21 and ML2 in Fig. 30, [0211]) diverges a light flux (Fig. 30, the focal length of the lens group including L21 and ML2 is -22.789 from Table 7) from the first lens group (G1 in Fig. 30, [0211]), the third lens group (the lens group including ML3 and L31 in Fig. 30, [0211], the focal length of the lens group including ML3 and L31 is 73.65 from Table 7) makes a divergent light flux (Fig. 30) from the second lens group (the lens group including L21 and ML2 in Fig. 30, [0211]) a parallel light flux (Fig. 30), and the following conditional expression is satisfied, 0.625<θgF1N<0.725 (Table 7, (i) for Lens L13, nd=1.80809 and vd=22.8 in Table 7, therefore, (nF1N-nC1N)=(nd-1)/vd=(1.80809-1)/22.8=0.03544; (ii) based on material properties (optical glass dispersion data), optical glass with nd=1.80809, vd=22.8 and (nF1N-nC1N)=0.03544 is corresponding to a standard commercial high-dispersion dens flint glass (such as Ohara S-NPH1), and the individual spectral refractive indices are nC1N≈1.79720, nd=1.80809; nF1N≈1.83264; ng1N≈1.85632; (iii) so, it can be calculated that (ng1N-nF1N)=1.85632-1.83264≈0.023676 and θgF1N=(ng1N-nF1N)/(nF1N-nC1N)=0.023676/0.03544=0.668) 22.5<νd1N<30 (Table 7, Fig. 30, νd1N is 22.8 for lens L13) where νd1N: an Abbe number (Table 7, [0198]) of the negative lens (L13 in Fig. 30) in the cemented lens (ML1 in Fig. 30, [0211]) of the first lens group (G1 in Fig. 30, [0211]), and θgF1N: a partial dispersion ratio of the negative lens (L13 in Fig. 30) in the cemented lens (ML1 in Fig. 30, [0211]) of the first lens group (G1 in Fig. 30, [0211]), the partial dispersion ratio being defined, when a refractive index of the negative lens with respect to a g-line is denoted by ng1N, a refractive index of the negative lens with respect to an F-line is denoted by nF1N, and a refractive index of the negative lens with respect to a C-line is denoted by nC1N, by the following expression, θgF1N=(ng1N-nF1N)/(nF1N-nC1N). Regarding claim 4, Suzuki also teaches the following elements: (Claim 4) the third lens group (the lens group including ML3 and L31 in Fig. 30, [0211]) comprises one or more cemented lenses (ML3 in Fig. 30 in Fig. 30, [0211]), and the one or more cemented lenses (ML3 in Fig. 30 in Fig. 30, [0211]) of the third lens group each consist of two lenses (L24 and L25 in Fig. 30). Claim Rejections - 35 USC § 103 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 of this title, 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. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (1st interpretation) as applied to claim 1 above, and view of Yonetani (JP 2010163371A). Regarding claim 8, Suzuki teaches that a microscope optical system (Fig. 11) comprising: the microscope objective lens (11 in Fig. 11). Suzuki does not teach the following elements. Yonetani teaches the following elements (Fig. 1, Abs, Pages 2-4 of English translation of JP 2010163371A): (Claim 8) A microscope optical system (Fig. 1) comprising: the microscope objective lens (the objective lens 38 in Fig. 1); and a second objective lens (the lens corresponding to the objective lens 40 or the second objective 53 in Fig. 1) configured to condense light (Fig. 1) from the microscope objective lens (the objective lens 38 in Fig. 1). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Yonetani for the system of Suzuki in view of Yamashita such that in the system of Suzuki in view of Yamashita, (Claim 8) A microscope optical system comprising: the microscope objective lens; and a second objective lens configured to condense light from the microscope objective lens. The motivation is to provide a confocal microscope in which sectioning resolution can be changed with a simpler configuration (Yonetani, Abs, Page 1, technical field). Allowable Subject Matter Claims 2, 5 and 7 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: None of the prior art of record discloses or suggests all the combination of a microscope objective lens as set forth in claims 5 and 7. Regarding claim 2, none of the prior art discloses or suggests a microscope objective lens recited in claim 1, wherein “the following conditional expression is satisfied,23 < vd1N<29” in combination with the other required elements of the claim. The most relevant references, Suzuki (US 2006/0114554) and Yamashita (WO 2019116564A1), taken along or in combination, at least fails to disclose or suggest the combined claim limitations of “the following conditional expression is satisfied,23 < vd1N<29” in combination with the other required elements of the claim. Regarding claim 5, none of the prior art discloses or suggests a microscope objective lens recited in claim 1, wherein “the third lens group makes a divergent light flux from the second lens group a parallel light flux, the third lens group comprises a cemented lens including a positive lens and a negative lens, and the following conditional expressions are satisfied, -35<νd3P-vd3N<0, 0.6<θgF3P<0.7, where νd3P: an Abbe number of the positive lens in the cemented lens of the third lens group, νd3N: an Abbe number of the negative lens in the cemented lens of the third lens group, and θgF3P: a partial dispersion ratio of the positive lens in the cemented lens of the third lens group, the partial dispersion ratio being defined, when a refractive index of the positive lens with respect to a g-line is denoted by ng3P, a refractive index of the positive lens with respect to an F-line is denoted by nF3P, and a refractive index of the positive lens with respect to a C-line is denoted by nC3P, by the following expression, θgF3P=(ng3P -nF3P)/(nF3P -nC3P) ” in combination with the other required elements of the claim. The most relevant references, Suzuki (US 2006/0114554) and Yamashita (WO 2019116564A1), taken along or in combination, at least fails to disclose or suggest the combined claim limitations of “the third lens group makes a divergent light flux from the second lens group a parallel light flux, the third lens group comprises a cemented lens including a positive lens and a negative lens, and the following conditional expressions are satisfied, -35<νd3P-vd3N<0, 0.6<θgF3P<0.7, where νd3P: an Abbe number of the positive lens in the cemented lens of the third lens group, νd3N: an Abbe number of the negative lens in the cemented lens of the third lens group, and θgF3P: a partial dispersion ratio of the positive lens in the cemented lens of the third lens group, the partial dispersion ratio being defined, when a refractive index of the positive lens with respect to a g-line is denoted by ng3P, a refractive index of the positive lens with respect to an F-line is denoted by nF3P, and a refractive index of the positive lens with respect to a C-line is denoted by nC3P, by the following expression, θgF3P=(ng3P -nF3P)/(nF3P -nC3P)” in combination with the other required elements of the claim. Regarding claim 7, none of the prior art discloses or suggests a microscope objective lens recited in claim 1, wherein “the third lens group makes a divergent light flux from the second lens group a parallel light flux, the third lens group comprises a cemented lens including a positive lens, and the following conditional expressions are satisfied, 0.02 <θgF3P - (0.645 - 0.0017 × vd3P) < 0.12, 20 < vd3P < 35, where νd3P: an Abbe number of the positive lens in the cemented lens of the third lens group, and θgF3P: a partial dispersion ratio of the positive lens in the cemented lens of the third lens group, the partial dispersion ratio being defined, when a refractive index of the positive lens with respect to a g-line is denoted by ng3P, a refractive index of the positive lens with respect to an F-line is denoted by nF3P, and a refractive index of the positive lens with respect to a C-line is denoted by nC3P, by the following expression, θgF3P=(ng3P -nF3P)/(nF3P -nC3P)” in combination with the other required elements of the claim. The most relevant references, Suzuki (US 2006/0114554) and Yamashita (WO 2019116564A1), taken along or in combination, at least fails to disclose or suggest the combined claim limitations of “the third lens group makes a divergent light flux from the second lens group a parallel light flux, the third lens group comprises a cemented lens including a positive lens, and the following conditional expressions are satisfied, 0.02 <θgF3P - (0.645 - 0.0017 × vd3P) < 0.12, 20 < vd3P < 35, where νd3P: an Abbe number of the positive lens in the cemented lens of the third lens group, and θgF3P: a partial dispersion ratio of the positive lens in the cemented lens of the third lens group, the partial dispersion ratio being defined, when a refractive index of the positive lens with respect to a g-line is denoted by ng3P, a refractive index of the positive lens with respect to an F-line is denoted by nF3P, and a refractive index of the positive lens with respect to a C-line is denoted by nC3P, by the following expression, θgF3P=(ng3P -nF3P)/(nF3P -nC3P)” in combination with the other required elements of the claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 9am-5pm EST 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, Jennifer Carruth can be reached on 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Shan Liu/ Primary Examiner, Art Unit 2871
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Prosecution Timeline

Jun 07, 2024
Application Filed
Apr 27, 2026
Non-Final Rejection mailed — §102, §103
Aug 27, 2026
Response Filed
Sep 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+39.4%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
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