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 .
DETAILED ACTION
Response to Amendment
The amendment filed on 07/06/2026 has been entered. Claims 18-21 and 23-34 are now pending in the application. Claims 18 and 23 have been amended and claim 22 has been canceled by the Applicant. Previous objections to the drawings have been withdrawn in light of Applicant’s amendments to drawing of Fig. 4 and amendments to claim 18. Previous claim 22 rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn in light of Applicant’s cancelation of claim 22.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on Continuation of application # 17070094, filed on 10/14/2020 that claims foreign priority to application JP 2019-190710, filed 10/18/2019 (Japan).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
However, to overcome a prior art rejection, applicant(s) must submit a translation of the foreign priority papers in order to perfect the claimed foreign priority because said papers has not been made of record in accordance with 37 CFR 1.55. See MPEP § 201.15.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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.
Claims 18-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12032222. Although the claims at issue are not identical, they are not patentably distinct from each other as explained in the claims correspondence table below:
Instant application #18736615
U.S. Pat. No. 12032222
Notes
18
1, 5, 6
(*)
19
2
20
3
21
4
22
5
23
6
24
7
25
8
26
9
27
10
28
11
29
12
30
13
31
14
32
15
33
16
34
17
(*) Where it is noted that the position detector reads on the detection unit, where both are configured to detect a position of the holding member.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 18-20, 23-34 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kishimoto et al. (hereafter Kishimoto, of record) US 20200218030 A1.
In regard to independent claim 18, Kishimoto teaches (see Figs. 1-17) an optical apparatus (i.e. lens barrel and imaging device 1-3, see Abstract, e.g. paragraphs [05, 24-26, 29-39, 40-51]) comprising:
a first movable member that is movable in an optical axis direction (e.g. as best understood 4th unit frame 41 with 43,44,45 parts and aperture unit 42, moving in optical axis OA direction, e.g. with respect to fixed 84, 85, 88, hereafter moving/movable straight, paragraphs [24, 37, 42, 47-54, 56-62], e.g. Figs. 1-2, 6, 8, 10-14);
a holding member that holds an optical element (i.e. as fifth lens unit L5 with frame, holder 50, 51, paragraphs [28-29, 35, 37, 60-62]), and is movable with respect to the first movable member in the optical axis direction during focusing (i.e. as L5,50 moves straight for focusing along OA by 500, STM5, while it also moves at the time of zooming and focusing along optical axis, paragraphs [29,37, 60-62, 69-74], Figs. 1-2, 6, 8, 10-14);
a guide member that is held by the first movable member (e.g. main/sub guide bar 151, 152, in 100, 41, paragraphs [37, 42, 51, 54, 69-74, 85-90, 102-103, 106-107]) and guides the holding member in the optical axis direction (i.e. as 151/152 guides L5,50, 69-74, 85-90, 102-103, 106-107], e.g. Figs. 6-13);
a second movable member that is movable in the optical axis direction independently of the first movable member (i.e. motor sliding tube 100, also as sixth lens unit, frame L6, 60, 61, STM6, as moveable straight by STM6 separately from 41/40, paragraphs [28, 36-37, 59-62, 71,74], e.g. Figs. 1-2, 6, 8, 10-14); and
a drive unit configured to drive the holding member in the optical axis direction (i.e. driving unit 500, STM5 is driving 50,L5 straight, e.g. paragraphs [37, 60-62, 69-74], Figs. 1-2, 6, 8, 10-14);
a detecting unit configured to detect a position of the holding member with respect to the first movable member in the optical axis direction (i.e. PI5 on motor sliding tube 100 working with and detecting position of shielding portion 512 of engaging portion 511 of protrusion 510 on holder 50, 51 with L5 that is movable along optical axis with respect to e.g. 4th unit frame 41 with 43,44,45, 42, as depicted in Figs. 5-6, 10-12, 14-15, e.g. paragraphs [83-91,148-152,121-122, 142-145,29,33,160]),
wherein the detecting unit is held by the first movable member (i.e. as PI5 on 100 is held inside fourth unit frame 41 e.g. tube portion 45, as depicted in Figs. 1-2,14, e.g. paragraphs [33, 37,42,52]),
wherein the drive unit is held by the second movable member ( as 500,STM5 is held in tube 100, paragraphs [37, 60-62], Figs. 5, 8),
wherein a position of the drive unit in the optical axis direction is changed by movement of the second movable member in the optical axis direction during zooming (i.e. as best understood, 500,STM5 and unit frame 501 moves, and changes position along OA together with movement of 100, which is driven in the optical axis OA direction while zooming, see e.g. paragraphs [37, 60-62, 69-74, 109, 111-112, 117-120], as depicted in e.g. Figs. 6, 8, 10-14).
Regarding claim 19, Kishimoto teaches (see Figs. 1-17) the drive unit is restricted in displacement in a direction other than the optical axis direction by the first movable member. (i.e. as driving unit 500, STM5 mounted on 100, e.g. paragraphs [37, 60-62, 69-74,76, 85,128-130], Figs. 1-2, 6, 8, 10-14).
Regarding claim 20, Kishimoto teaches (see Figs. 1-17) that a maximum value A of a movement amount of the holding member with respect to the first movable member (i.e. as movement amount of L5/50 to 100, e.g. paragraphs [71, 112-113, 120], Figs. 10, 14, 17) and a maximum value B of a movement amount of the holding member with respect to the second movable member (i.e. as e.g. movement amount of L5/50 to L6, 60, 61, e.g. paragraphs [71, 112-113, 120], Figs. 10, 14, 17) satisfy the following condition: A>B (i.e. as given the movement range of photo interrupter PI5 of L5/50 is larger than that of L6,60, see e.g. paragraphs [168-170, 112-113, 120], Figs. 17).
Regarding claim 23, Kishimoto teaches (see Figs. 1-17) that when the first movable member and the second movable member move in the optical axis direction during zooming (as L5/50 and L6, 60 with 100 moves straight in OA direction during zooming, e.g. paragraphs [28-29, 37, 59-60]), the drive unit drives the holding member in the optical axis direction for focusing (i.e. as the 500, STM5 is driving 50,L5 straight for focusing, see e.g. paragraphs [27-29, 37, 60-62, 69-72]).
Regarding claim 24, Kishimoto teaches (see Figs. 1-17) further comprising a first optical element and a second optical element each of which is an optical element other than the optical element held by the holding member (i.e. aperture of tube/hood 52 of 50 and aperture of tube hood 62 of 70, e.g. paragraphs [28-29, 36-39, 48-51]),
wherein, during zooming, the first movable member moves in the optical axis direction so as to draw a locus that is the same as that of the first optical element (i.e. as 52 is moved with 100 for zooming, by cam tube 83, see paragraphs [28-29, 36-39, 48-51]), and the second movable member moves in the optical axis direction so as to draw a locus that is the same as that of the second optical element (i.e. as 62 is moved with 60 and 100 for zooming, by cam tube 83, see paragraphs [28-29, 36-39, 48-51]).
Regarding claim 25, Kishimoto teaches (see Figs. 1-17) that, in the optical axis direction (OA), the first movable member and the second movable member are mutually adjacently disposed or disposed with the optical element interposed therebetween (i.e., also with 4th unit frame 40/4 with L5,50 and L6, 60, 61, STM6 with 100, e.g. as depicted in Figs. 1-2, 14, paragraphs [28, 36-37, 59-62, 71,74]).
Regarding claim 26, Kishimoto teaches (see Figs. 1-17) further comprising a controller configured to control drive of the drive unit by using data obtained from difference between movement amounts of the first movable member and the second movable member during zooming (i.e. as main board 88 with control unit 90 to control 500/STM5, also STM6 given inputs from sensors including PI5, PI6 see paragraphs [27, 67-71, 152-154]).
Regarding claim 27, Kishimoto teaches (see Figs. 1-17) further comprising:
a drive transmitting member that engages with an output portion of the drive unit to transmit a driving force of the drive unit to the holding member(i.e. as moving rack 503 engaged with lead screw 502 of 500/STM5 to drive 50/L5, e.g. paragraphs [74-81], Figs. 6, 11-14); and
a biasing member that biases the drive transmitting member against the output portion of the drive unit (i.e. as coil spring 506, see paragraphs [98-101]), wherein a biasing force of the biasing member (506) biases the drive unit and the second movable member (500/STM5, 60,L6) against the first movable member (40/41 also through 100) in a direction orthogonal to the optical axis direction (i.e. as 506 exerts biasing force in circumferential direction perpendicular to OA, as well as in OA direction, see paragraphs [98-101]).
Regarding claim 28, Kishimoto teaches (see Figs. 1-17) that the first movable member (40/41) and one of the second movable member and a stator of the drive unit (i.e. 60/L6/STM6, 100 and stator of 500/STM6 e.g. 501,502, e.g. Figs. 5-8, 10-14) have:
guide portions that engage with each other to guide the second movable member in the optical axis direction (i.e. as sub-guide engaging portions 552, 652 engaged with sub-guide bars 152, 162 to guide L6, 60, 61 straight in OA direction, paragraphs [90, 102-108], see Figs. 8, 11-12);
separation regulating portions that engage with each other to prevent the second movable member from separating from the first movable member in the - 25 -10209660US01 direction orthogonal to the optical axis direction (i.e. as 60/L6STM6 with hole(s) on fixing portion(s), equiv. to 501, holes on 501, and screw(s) for fixing to 100, paragraphs [37, 42, 60-62], Figs. 5-6, 8, 10-13); and
contact portions that are formed as slope surfaces not parallel to the separation regulating portions in a plane orthogonal to the optical axis direction and that contact each other (i.e. as 60/L6STM6 with fixing portion(s), equiv. to 501 with end bend parts, contacting 100, also cutouts 65 and protrusions 560 and on 62, paragraphs [37, 42, 60-62, 116-119], Figs. 5-6, 8, 10-13).
Regarding claim 29, Kishimoto teaches (see Figs. 1-17) that the separation regulating portions and the contact portions are respectively provided at at least three locations (as at least three position of holes on fixing portions with screws, and the fixing portion(s), equiv. to 501 with end bend parts, and 65, as depicted in e.g. Figs. 5-6, 8, 10-13), and
when viewing a triangle formed by connecting the three locations from the direction orthogonal to the optical axis direction (orthogonal to OA direction as depicted in e.g. Figs. 5-6, 8, 10-13), a position where the drive transmitting member and the output portion of the drive unit engage with each other is located in the triangle (i.e. as best understood, 503/504 and 502 engagement point is inside virtual triangle formed by above points, as depicted in e.g. Figs. 5-6, 8, 10-12).
Regarding claim 30, Kishimoto teaches (see Figs. 1-17) that, when viewing from the optical axis direction (e.g. along OA, Figs. 8), the position where the drive transmitting member and the output portion of the drive unit engage with each other is located between the separation regulating portion and the contact portion (as best understood, 503/504 and 502 engagement point is between with hole(s) on fixing portion(s), equiv. to 501, holes on 501, and screw(s) and e.g. cutouts 65 and protrusions 560 and on 62, as depicted in Figs. 5, 8, 11-12).
Regarding claim 31, Kishimoto teaches (see Figs. 1-17) that the contact portion generates, from the biasing force of the biasing member, a biasing force that biases the guide portions in a direction in which the guide portions engage with each other (i.e. as best understood due to circumferential bias force of 506, generating bias force of 60/L6STM6 with fixing portion(s), equiv. to 501 with end bend parts and force on nearly opposite side at positions of 552, 652 engaged with sub-guide bars 152, 162, as best depicted in Figs. 5, 8).
Regarding claim 32, Kishimoto teaches (see Figs. 1-17) that, when viewing from the optical axis direction, the guide portion is located between the separation regulating portion and the contact portion (i.e. given the position of 552, 652 engaged with sub-guide bars 152, 162 as depicted in Fig. 8).
Regarding claim 33, Kishimoto teaches (see Figs. 1-17) that the optical apparatus is detachably attachable to an imaging apparatus. ( lens barrel 2 is detachably attachable to camera body 3 of 1, as lens mount LM is engaged with a body mount BM of the camera body 3, paragraphs [24-26], Figs. 1).
Regarding claim 34, Kishimoto teaches (see Figs. 1-17) further comprising an image sensor that receives light from the optical element (as 4 receives image light from 2, paragraphs [24-26], Figs. 1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 18 and it’s dependent claims 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.
Specifically, in light of the claim amendments to claim 18 where the detecting unit is detecting the position of the holding member for focusing operation, the cited prior art of Kishimoto teaches those limitations, as Kishimoto teaches (see Figs. 1-17) an optical apparatus (i.e. lens barrel and imaging device 1-3, see Abstract, e.g. paragraphs [05, 24-26, 29-39, 40-51]) comprising:
a first movable member that is movable in an optical axis direction (e.g. as best understood 4th unit frame 41 with 43,44,45 parts and aperture unit 42, moving in optical axis OA direction, e.g. with respect to fixed 84, 85, 88, hereafter moving/movable straight, paragraphs [24, 37, 42, 47-54, 56-62], e.g. Figs. 1-2, 6, 8, 10-14);
a holding member that holds an optical element (i.e. as fifth lens unit L5 with frame, holder 50, 51, paragraphs [28-29, 35, 37, 60-62]), and is movable with respect to the first movable member in the optical axis direction during focusing (i.e. as L5,50 moves straight for focusing along OA by 500, STM5, while it also moves at the time of zooming and focusing along optical axis, paragraphs [29,37, 60-62, 69-74], Figs. 1-2, 6, 8, 10-14);
a guide member that is held by the first movable member (e.g. main/sub guide bar 151, 152, in 100, 41, paragraphs [37, 42, 51, 54, 69-74, 85-90, 102-103, 106-107]) and guides the holding member in the optical axis direction (i.e. as 151/152 guides L5,50, 69-74, 85-90, 102-103, 106-107], e.g. Figs. 6-13);
a second movable member that is movable in the optical axis direction independently of the first movable member (i.e. motor sliding tube 100, also as sixth lens unit, frame L6, 60, 61, STM6, as moveable straight by STM6 separately from 41/40, paragraphs [28, 36-37, 59-62, 71,74], e.g. Figs. 1-2, 6, 8, 10-14); and
a drive unit configured to drive the holding member in the optical axis direction (i.e. driving unit 500, STM5 is driving 50,L5 straight, e.g. paragraphs [37, 60-62, 69-74], Figs. 1-2, 6, 8, 10-14);
a detecting unit configured to detect a position of the holding member with respect to the first movable member in the optical axis direction (i.e. PI5 on motor sliding tube 100 working with and detecting position of shielding portion 512 of engaging portion 511 of protrusion 510 on holder 50, 51 with L5 that is movable along optical axis with respect to e.g. 4th unit frame 41 with 43,44,45, 42, as depicted in Figs. 5-6, 10-12, 14-15, e.g. paragraphs [83-91,148-152,121-122, 142-145,29,33,160]),
wherein the detecting unit is held by the first movable member (i.e. as PI5 on 100 is held inside fourth unit frame 41 e.g. tube portion 45, as depicted in Figs. 1-2,14, e.g. paragraphs [33, 37,42,52]),
wherein the drive unit is held by the second movable member ( as 500,STM5 is held in tube 100, paragraphs [37, 60-62], Figs. 5, 8),
wherein a position of the drive unit in the optical axis direction is changed by movement of the second movable member in the optical axis direction during zooming (i.e. as best understood, 500,STM5 and unit frame 501 moves, and changes position along OA together with movement of 100, which is driven in the optical axis OA direction while zooming, see e.g. paragraphs [37, 60-62, 69-74, 109, 111-112, 117-120], as depicted in e.g. Figs. 6, 8, 10-14).
Therefore Kishimoto teaches all limitations of claim 18.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached on (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872
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