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 .
Election/Restrictions
Applicant’s election with traverse of Group I and Species C in the reply filed on July 6, 2026 is acknowledged. The traversal is on the grounds that claims 21-26 should be grouped with Group I instead of Group II, and that there would not be a serious burden on the examiner if restriction and election are not required. This is correct that claims 21-26 were inadvertently grouped with the method of Group II, thus they will be properly included in elected Group I. As to burden, Unity of Invention is not concerned with burden of the examiner.
Applicant has indicated that claims 1, 3-7, 9, 10, 12 and 21-26 are directed to elected Species C. However, claims 7 and 10 are drawn to features as shown in Fig. 2 of non-elected Species B, and claim 23 is drawn to a feature as shown in Figs. 1-2 of non-elected Species A and B. Accordingly, claims 7, 10, 13-20 and 23 have been withdrawn from further consideration, and claims 1, 3-6, 9, 12, 21, 22 and 24-26 have been examined as follows.
Claim Rejections - 35 USC § 102
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 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, 9, 12, 21, 24 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TDK CORP (JP 2006-208661), of record in IDS.
Regarding claim 1, TDK CORP discloses an apparatus (Figs. 1-5, particularly Fig. 4) comprising:
one or more first magnets (36b);
one or more second magnets (36c);
a first fluid (33) and a second fluid (34) positioned between the one or more first magnets (36b) and the one or more second magnets (36c) (Fig. 4(b)),
wherein the first fluid (33) and the second fluid (34) have different indexes of refraction and different sensitivities against magnetic force (para. [0045]), and
wherein the first fluid (33) and the second fluid (34) are arranged in layers (Fig. 4(b)); and
a controller coupled to the one or more first magnets (36b) and the one or more second magnets (36c) (paras. [0030, 0047]), the controller configured to alter one or more properties of the first fluid (33) and/or the second fluid (34) by controlling magnetic forces exerted by the one or more first magnets and the one or more second magnets on the first fluid and the second fluid (para. [0047]).
Regarding claim 3, TDK CORP discloses wherein the one or more properties of the first fluid (33) and/or the second fluid (34) include one or more of:
a flatness of the first fluid and/or the second fluid (Figs. 1-5);
a position of the first fluid and/or the second fluid (Figs. 1-5);
an orientation of the first fluid and/or the second fluid relative to an optical axis (Figs. 1-5); or
an offset of the first fluid and/or the second fluid relative to an optical axis (Figs. 1-5).
Regarding claim 4, TDK CORP discloses wherein the one or more properties of the first fluid (33) and/or the second fluid (34) include the flatness of the first fluid and/or the second fluid (Figs. 1-5) and the controller is configured to change the flatness of the first fluid and/or the second fluid by:
inducing a first change in magnitude of the magnetic forces generated by the one or more first magnets (para. [0046]); and
inducing a second change in magnitude of the magnetic forces generated by the one or more second magnets (para. [0046]);
wherein the first change and the second change are in opposite directions along the optical axis (paras. [0012, 0040]).
Regarding claim 5, TDK CORP discloses wherein the one or more properties of the first fluid (33) and/or the second fluid (34) include a position of the first fluid and/or the second fluid along the optical axis (Figs. 1-5) and the controller is configured to change the position of the first fluid and/or the second fluid along the optical axis by:
inducing a first change in magnitude of magnetic fields Ma generated by the one or more first magnets (para. [0046]); and
inducing a second change in magnitude of magnetic fields Mb generated by the one or more second magnets, such that one or both of |Ma|−|Mb| changes and |Ma|/|Mb| changes (paras. [0012, 0040, 0046]).
Regarding claim 6, TDK CORP discloses wherein:
one of the one or more first magnets (36b) defines a first opening (Fig. 4);
one of the one or more second magnets (36c) defines a second opening (Fig. 4); and
an optical axis of the first fluid (33) and/or the second fluid (34) passes through the first opening and the second opening (Fig. 4).
Regarding claim 9, TDK CORP discloses wherein the controller is configured to change an orientation of the first fluid and/or the second fluid relative to a Z axis by adjusting a position of the one or more first magnets and the one or more second magnets; or
wherein the one or more first magnets (36b) or the one or more second magnets (36c) comprise electromagnets (Fig. 4) and the controller is configured to change an orientation of the first fluid (33) and/or the second fluid (34) relative to the Z axis by controlling current supplied to the one or more first magnets and the one or more second magnets (para. [0047]).
Regarding claim 12, TDK CORP discloses wherein the controller is configured to change a position of the first fluid and/or the second fluid along an X axis and a Y axis by adjusting a position of the one or more first magnets and the one or more second magnets: or
wherein the one or more first magnets (36b) or the one or more second magnets (36c) comprise electromagnets by controlling current supplied to the one or more first magnets and the one or more second magnets (Fig. 4; para. [0047]).
Regarding claim 21, TDK CORP discloses wherein the first magnets (36b) and the second magnets (36c) are each made of two or more rings (Fig. 4; including 32), and the rings are circular or cylindrical, and the rings are nestable in a concentric manner (Fig. 4).
Regarding claim 24, TDK CORP discloses wherein the first fluid (33) and/or the second fluid (34) are colorless and transparent (paras. [0008, 0015, 0018]).
Regarding claim 26, TDK CORP discloses wherein the first fluid (33) includes diamagnetic fluid and the second fluid (34) includes paramagnetic fluid (paras. [0019-0022, 0045]).
Claim Rejections - 35 USC § 103
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.
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.
Claims 22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over TDK CORP (JP 2006-208661), as applied to claim 1 above, and further in view of Gross (US 2021/0003842).
Regarding claim 22, TDK CORP fails to explicitly disclose wherein the controller is configured to shape the first fluid and/or the second fluid to correct for spherical aberration, coma, astigmatism, or other aberrations.
However, Gross discloses an apparatus (Figs. 1-12), wherein the controller is configured to shape the first fluid (210, Fig. 2B) and/or the second fluid to correct for spherical aberration, coma, astigmatism, or other aberrations (paras. [0027, 0054]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the controller is configured to shape the first fluid and/or the second fluid to correct for spherical aberration, coma, astigmatism, or other aberrations, as in Gross, into the apparatus of TDK CORP for improved imaging quality performance.
Regarding claim 25, TDK CORP fails to explicitly disclose further comprising an image sensor coupled to the controller, the controller configured to control magnetic forces exerted by the one or more first magnets and the one or more second magnets according to one or more outputs of the image sensor.
However, Gross discloses an apparatus (Figs. 1-12) comprising an image sensor (314, Fig. 3) coupled to the controller (602, Fig. 6), the controller configured to control magnetic forces exerted by the one or more first magnets and the one or more second magnets according to one or more outputs of the image sensor (paras. [0057, 0066-0070]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate an image sensor coupled to the controller, the controller configured to control magnetic forces exerted by the one or more first magnets and the one or more second magnets according to one or more outputs of the image sensor, as in Gross, into the apparatus of TDK CORP to implement a high-performance apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The reference of Kitazawa et al. (US 5,733,458) discloses an apparatus comprising first and second fluids altered by magnetic forces (Figs. 1-21).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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, MICHAEL CALEY can be reached at 571-272-2286. 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.
/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
Prosecution Insights