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 Species A in the reply filed on 8/1/2026 is acknowledged. The traversal is on the ground(s) that the wavelength ranges of T6065 and T4563 partially overlap to each other in the wavelength range of 600 nm to 630 nm, and that original claim 28 places each wavelength range within the same claim, therefore they would not be mutually exclusive. This is not found persuasive because the embodiments of at least Figures 6 and 7 and the associated tables show averages for the 30 degree and 40 degree angles of incidence which do not meet the 90% ≤ T6065 range but do meet the 85% ≤ T4563 range, therefore these are mutually exclusive species. The argument that the wavelength ranges overlap does not demonstrate how there would not be a search burden, as there are two separate independent claims with associated dependent claims which do not depend upon the 90% ≤ T6065 range. Further, claim 28 is a dependent claim on claim 18, so it does not serve as proof that these ranges are not mutually exclusive. Claim 28 further claims the ranges 95% ≤ T6065 ≤ 100% and 95% ≤ T4563 ≤ 100%, which are not the same ranges as 90% ≤ T6065 and 85% ≤ T4563 as claimed in claims 1 and 18 respectively.
The requirement is still deemed proper and is therefore made FINAL.
Claims 18-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/1/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on 6/25/2024 has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first optical element, the second optical element, the third optical element, the fourth optical element, the filter lens element with a near-infrared light filter coating membrane, the stacked refractive index layers of the coating membrane of claim 1, the near-infrared coating membrane being disposed on an object and an image-side surface of the filter lens element of claim 5, the image sensor of claim 16, the electronic device of claim 17, the filter lens having a near-infrared light filter coating membrane having at least one aspheric surface, a horizontal displacement of the filter lens element at a position of a maximum effective diameter, a central thickness, and a radius of curvature of claims 1 and 14-15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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 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 1, 8-11, 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shimmo et. al US 20190219749 (hereinafter “Shimmo”) in view of Lin et. al US 20110069378 (hereinafter “Lin”).
Regarding claim 1, Shimmo teaches an optical lens assembly, comprising:
wherein the near-infrared light filter coating membrane (Shimmo fig. 1-8 – 1a-h) comprises at least one low refractive index layer and at least one high refractive index layer (Shimmo para. 004, 0090), and the near-infrared light filter coating membrane (1a-h) is formed by alternately stacking the at least one high refractive index layer and the at least one low refractive index layer (Shimmo para. 0004, 0090);
wherein a wavelength of the filter lens element at 50% transmittance of long-wavelength visible light is Wt50v, a wavelength difference between an incidence at 0 degrees and an incidence at 30 degrees of the filter lens element at 50% transmittance of long-wavelength visible light is dWt50v3, an average transmittance in a wavelength range of 600 nm-650 nm of the filter lens element is T6065, an average transmittance in a wavelength range of 700 nm-1050 nm of the filter lens element is T70105, and the following conditions are satisfied:
650 nm≤Wt50v (Shimmo fig. 10 – shows a value of approximately 690 nm for the first laminate);
|dWt50v3|≤20 nm (Shimmo fig. 10 – shows a difference value of approximately 20 nm for the first laminate);
90%≤T6065 (Shimmo fig. 10 – shows values at or above 90% transmittance at 600-650 nm for each angle of incidence); and
T70105≤5% (Shimmo fig. 10 – shows values at or below approximately 5% transmittance from 700 to 1050 nm).
Shimmo does not teach at least four optical lens elements being, in order from an object side of the optical lens assembly to an image side thereof, a first optical lens element, a second optical lens element, a third optical lens element and a fourth optical lens element; wherein at least one of the at least four optical lens elements is a filter lens element, the filter lens element comprises a near-infrared light filter coating membrane, the filter lens element is made of a glass material, and the filter lens element has at least one aspheric surface.
In a similar field of endeavor, Lin teaches at least four optical lens elements being, in order from an object side of the optical lens assembly to an image side thereof, a first optical lens element (Lin fig. 7 - 210), a second optical lens element (Lin fig. 7 - 220), a third optical lens element (Lin fig. 7 - 230) and a fourth optical lens element (Lin fig. 7 - 240);
wherein at least one of the at least four optical lens elements is a filter lens element (Lin fig. 7 - 220), the filter lens element (220) comprises a near-infrared light filter coating membrane (Lin fig. 7 – 250 disposed on 220), the filter lens element (220) is made of a glass material (Lin para. 0028), and the filter lens element has at least one aspheric surface (Lin fig. 7, see also para. 0064) for the purpose of enhancing the correction of aberrations of the lens system (Lin para. 0028). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have at least four optical elements as taught by Lin in the optical lens assembly of Shimmo in order to enhance the correction of aberrations of the lens system (Lin para. 0028).
Regarding claim 8, Shimmo and Lin teach the optical lens assembly of claim 1, and Shimmo further teaches wherein a wavelength difference between the incidence at 0 degrees and an incidence at 40 degrees of the filter lens element at 50% transmittance of long-wavelength visible light is dWt50v4, and the following condition is satisfied:
|dWt50v4|≤40 nm (Shimmo fig. 10 – shows a difference value of approximately 40 nm).
Regarding claim 9, Shimmo and Lin teach the optical lens assembly of claim 1, and Shimmo further teaches wherein an average transmittance in a wavelength range of 350 nm-400 nm of the filter lens element is T3540, and the following condition is satisfied:
T3540≤3% (Shimmo fig. 10 – incident angle 0◦ shows an average transmittance below 3% between 350-400nm).
Regarding claim 10, Shimmo and Lin teach the optical lens assembly of claim 1, and Shimmo further teaches wherein a transmittance at a wavelength of 850 nm of the filter lens element is T85, and the following condition is satisfied:
T85≤3% (Shimmo fig. 10 – shows a value of 0% at 850 nm).
Regarding claim 11, Shimmo and Lin teach the optical lens assembly of claim 10, and Shimmo further teaches wherein a transmittance at a wavelength of 940 nm of the filter lens element is T94, and the following condition is satisfied:
T94≤3% (Shimmo fig. 10 – shows a value of 0% at 940 nm).
Regarding claim 13, Shimmo and Lin teach the optical lens assembly of claim 12, and Lin further teaches wherein the filter lens element is the first optical lens element (Lin para. 0074 – the filter film 250 may be formed on the other lens elements having refractive power).
Regarding claim 14, Shimmo and Lin teach the optical lens assembly of claim 1, and Lin further teaches wherein a horizontal displacement of the filter lens element at a position of a maximum effective diameter is SAG, a central thickness of the filter lens element is CT, and the following condition is satisfied:
|SAG/CT|≤0.7 (Lin fig. 7 and 12, SAG ≈ 0.09 as estimated from fig. 7, 0.09/0.821 ≈ 0.1 as estimated from fig. 7 and calculated using values in fig. 12, 0.1 ≤ 0.7).
Regarding claim 15, Shimmo and Lin teach the optical lens assembly of claim 14, and Lin further teaches wherein the horizontal displacement of the filter lens element at the position of the maximum effective diameter is SAG, a radius of curvature at a center of the filter lens element is Rc, and the following condition is satisfied:
|SAG/Rc|≤0.1 (Lin fig. 7 and 12, SAG ≈ 0.09 as estimated from fig. 7, 0.09/16.8861 ≈ 0.005 as estimated from fig. 7 and calculated using values in fig. 12, 0.005 ≤ 0.1).
Regarding claim 16, Shimmo and Lin teach an imaging apparatus, comprising: the optical lens assembly of claim 1 (see claim 1 rejection above); and
an image sensor disposed on an image surface of the optical lens assembly (Lin fig. 7 – 270, see also para. 0064).
Regarding claim 17, Shimmo and Lin teach an electronic device, comprising: the imaging apparatus of claim 16 (Lin para. 0002 – the NIR imaging lens assembly may be applied to an electronic product).
Claims 2-3, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Shimmo and Lin as applied to claim 1 above, and further in view of Ishido et. al US 20170276846 (hereinafter “Ishido”).
Regarding claim 2, Shimmo and Lin teach the optical lens assembly of claim 1.
Shimmo and Lin do not teach wherein a total number of layers of the near-infrared light filter coating membrane is tLs, and the following condition is satisfied: 40≤tLs≤200.
In a similar field of endeavor, Ishido teaches wherein a total number of layers of the near-infrared light filter coating membrane is tLs, and the following condition is satisfied: 40≤tLs≤200 (Ishido para. 0208 – teaches a range of 15 ≤ tLs ≤ 100, which encompasses part of the claimed range – which is an overlapping range made prima facie obvious (MPEP §2144.05)) for the purpose of allowing the transmittance to steeply change in a boundary wavelength range of a shielded light wavelength with a transmitted light wavelength (Ishido para. 0208). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the claimed range of 40≤tLs≤200 in order to allow the transmittance to steeply change in a boundary wavelength range of a shielded light wavelength with a transmitted light wavelength (Ishido para. 0208)).
Regarding claim 3, Shimmo, Lin, and Ishido teach the optical lens assembly of claim 2, and Ishido further teaches wherein a total thickness of the near-infrared light filter coating membrane is tTk, and the following condition is satisfied:
4000 nm≤tTk≤10000 nm ((Ishido para. 0209 – teaches a range of 2 ≤ tTk ≤ 10 µm, or 2000 ≤ tTk ≤ 10000 nm, which encompasses the entire claimed range – which is an overlapping range made prima facie obvious (MPEP §2144.05)) for the purpose of having a thin optical filter (Ishido para. 0209). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the claimed range of 4000 nm≤tTk≤10000 nm in order to have a thin optical filter (Ishido para. 0209)).
Regarding claim 7, Shimmo, Lin, and Ishido teach the optical lens assembly of claim 1.
Shimmo and Lin do not teach and Ishido further teaches wherein a refractive index of the high refractive index layer is NH, a refractive index of the low refractive index layer is NL, and the following condition is satisfied: 0.5≤NH-NL.
In the same field of endeavor, Ishido teaches wherein a refractive index of the high refractive index layer is NH, a refractive index of the low refractive index layer is NL, and the following condition is satisfied:
0.5≤NH-NL (Ishido para. 0202-0203 – teaches a range of 2.2≤NH≤2.5 for the high refractive index layer and 1.35≤NL≤1.55 for a low refractive index layer, this results in NH-NL being between 0.9 and 1.0, both of which are greater than 0.5) for the purpose of allowing the transmittance to steeply change in a boundary wavelength range of a shielded light wavelength with a transmitted light wavelength (Ishido para. 0208). t would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have 0.5≤NH-NL in order to allow the transmittance to steeply change in a boundary wavelength range of a shielded light wavelength with a transmitted light wavelength (Ishido para. 0208).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shimmo, Lin, and Ishido as applied to claim 3 above, and further in view of Sugiyama et. al US Patent 6,462,866 (hereinafter “Sugiyama”).
Regarding claim 4, Shimmo, Lin, and Ishido teach the optical lens assembly of claim 3.
Shimmo, Lin, and Ishido do not teach wherein a total thickness of the low refractive index layer is LtTk, a total thickness of the high refractive index layer is HtTk, and the following condition is satisfied: 1.0≤LtTk/HtTk≤2.0.
In the same field of endeavor, Sugiyama teaches wherein a total thickness of the low refractive index layer is LtTk, a total thickness of the high refractive index layer is HtTk (Sugiyama col. 7 lines 8-18 and col. 5 lines 40-57 – LtTk = ((5*200nm) + 100nm) + (5*225nm)) + 105nm) = 2330nm, HtTk = 6*200nm + 6*225nm = 2550nm) for the purpose of suppressing the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a total thickness of the low refractive index layer is LtTk, a total thickness of the high refractive index layer is HtTk as taught by Sugiyama in the optical lens of Shimmo and Lin in order to suppress the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53).
Therefore, Sugiyama teaches 2330/2550 ≈ 0.91, which lies just outside the claimed range of 1.0≤LtTk/HtTk≤2.0.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have a value within the claimed range of 1.0≤LtTk/HtTk≤2.0 for the purpose of suppressing the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53), since a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art, but are merely close that one of ordinary skill in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner 227 USPQ 773 (Fed. Cir. 1985); MPEP 2144.05.
Claims 5-6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Shimmo and Lin as applied to claim 1 above, and further in view of Sugiyama et. al US Patent 6,462,866 (hereinafter “Sugiyama”).
Regarding claim 5, Shimmo and Lin teach the optical lens assembly of claim 1.
Shimmo and Lin do not teach wherein the near-infrared light filter coating membrane is disposed on an object-side surface and an image-side surface of the filter lens element.
In the same field of endeavor, Sugiyama teaches wherein the near-infrared light filter coating membrane is disposed on an object-side surface and an image-side surface of the filter lens element (Sugiyama fig. 9 – 46 and 47 are first and second infrared cut filters, where 47 is placed on 42b of lens 42 on the image side, see also col. 7 lines 1-7), a total number of layers of the near-infrared light filter coating membrane on the object-side surface of the filter lens element is otLs, a total number of layers of the near-infrared light filter coating membrane on the image-side surface of the filter lens element is itLs, and the following conditions are satisfied:
otLs≤40 (Shimmo col. 7 lines 8-10 and col. 5 lines 40-57 – 12 on the object side); and
itLs≤40 (Shimmo col. 7 lines 8-18 – 12 on the image side)
for the purpose of suppressing the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the near-infrared light filter coating membrane is disposed on an object-side surface and an image-side surface of the filter lens element as taught by Sugiyama in the optical lens of Shimmo and Lin in order to suppress the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53).
Regarding claim 6, Shimmo, Lin, and Sugiyama teach the optical lens assembly of claim 5, and Sugiyama further teaches wherein a total thickness of the near-infrared light filter coating membrane on the object-side surface of the filter lens element is otTk, a total thickness of the near-infrared light filter coating membrane on the image-side surface of the filter lens element is itTk, and the following condition is satisfied:
0.1≤otTk/itTk≤10 (Sugiyama col. 7 lines 8-18 and col. 5 lines 40-57 – otTk = (6*200nm + ((5*200nm) + 100nm)) = 2300nm, itTk = (6*225nm + (5*225nm)) + 105nm)) = 2580nm, 2300/2580 ≈ 0.89).
Regarding claim 12, Shimmo and Lin teach the optical lens assembly of claim 1.
Shimmo and Lin do not teach wherein the near-infrared light filter coating membrane is disposed on an image-side surface of the filter lens element, however Lin does teach that the film 250 may be placed on other surfaces or lenses (Lin para. 0074).
In the same field of endeavor, Sugiyama teaches wherein the near-infrared light filter coating membrane is disposed on an image-side surface of the filter lens element (Sugiyama fig. 9 – 47 placed on image side of 42) for the purpose of suppressing the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the near-infrared light filter coating membrane is disposed on an image-side surface of the filter lens element as taught by Sugiyama in the optical lens of Shimmo and Lin in order to suppress the influence of infrared rays within a target zone (Sugiyama col. 8 lines 52-53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shimmo et. al US Patent 10,795,066 B2, patent of Shimmo et. al US 20190219749 A1;
Lin et. al US Patent 8,369,009 B2, patent of Lin et. al US 20110069378 A1;
Ishido et. al Patent US 10,605,969 B2, patent of Ishido et. al US 20170276846 A1
Yoshihara et. al US 20150260888 and Shiono et. al US 20170066933 A1, each teach similar graphs to the instant application for an optical filter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872
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