Prosecution Insights
Last updated: July 17, 2026
Application No. 18/765,552

CAMERA SUB-ASSEMBLY FOR VEHICULAR CAMERA

Non-Final OA §103
Filed
Jul 08, 2024
Priority
Mar 25, 2009 — provisional 61/163,240 +7 more
Examiner
CHOUDHURY, MUSTAK
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Magna Electronics Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
687 granted / 812 resolved
+16.6% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
829
Total Applications
across all art units

Statute-Specific Performance

§103
82.7%
+42.7% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 812 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/08/2024 has been considered by the examiner. 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, “a cylindrical passageway”, “an annular flange”, “a lens holder comprising (i) a cylindrical lens barrel receiving structure and (ii) an axial face at an outer end of the cylindrical lens barrel receiving structure”, 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. Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1, 4, 27, 34, 41, 44, 67 and 83 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 25, 44, 66, 75 and 88 of U.S. Patent No. 11,457,134. Although the claims at issue are not identical, they are not patentably distinct from each other because, it is clear that all of the elements of the application claims are to be found in the patent claims (as the application claims fully encompasses patent claims). The difference between the application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus much more specific. Thus, the invention of claims of the patent is in effect a “species” of the “generic” invention of the application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since application claims is anticipated by claims of the patent, such as “With the cylindrical lens barrel held in position relative to the imager by the adhesive, a frontmost optical element of a plurality of optical elements accommodated by the cylindrical lens barrel is distanced further from the imager than any other optical element of the plurality of optical elements”, thus it is not patentably distinct. The following is an example for comparing claims from the instant application and claims from the parent application now U.S. Patent. Claims from instant Application 18765552 Claims from Paten No. 11,457,134 1 1 and 75 41 and 67 44 4, 27, 34, 44, 83 25, 66, 88 Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. Claims 1-4, 6-7, 14-29, 34-37, 40-44, 46-47, 53-62, 66-73, 75-76, 80-83, 85-86, 89 and 92 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Iwasaki (US PUB 2008/0024883) in view of Bechtel et al. (US PUB 2009/0010494; herein after “Bechtel”). Regarding claim 1, Iwasaki teaches a camera sub-assembly for a vehicular camera (an image pickup apparatus 10, FIGS. 1-4, paragraphs [0006] and [0029]-[0030]), the camera sub-assembly comprising: a cylindrical lens barrel (24), wherein the cylindrical lens barrel comprises (i) a cylindrical passageway having a length and a circular cross section, the cylindrical passageway commencing at a first end and terminating at a second end (as shown in FIG. 1), the cylindrical passageway accommodating a plurality of optical elements (14) (para. [0031] and [0034]), and (ii) an annular flange (34) integral with and extending radially outward from the cylindrical lens barrel (24) at a location between the first end and the second end of the cylindrical passageway of the cylindrical lens barrel (i.e., a barrel (24) provided integrally with the front of the housing (12), see Abstract, para. [0018]), the annular flange having an axial face at a side of the annular flange that is spaced from and that faces toward the first end of the cylindrical passageway (as shown in FIGS. 1 and 3, para. [0071] to [0074]); a lens holder (12) comprising (i) a cylindrical lens barrel receiving structure (20) and (ii) an axial face at an outer end of the cylindrical lens barrel receiving structure (as shown in FIGS. 1 and 3); wherein the cylindrical lens barrel is received in the cylindrical lens barrel receiving structure of the lens holder (as shown in FIGS. 1 and 3); wherein the axial face of the annular flange (34) of the cylindrical lens barrel (24) is juxtaposed with the axial face at the outer end of the cylindrical lens barrel receiving structure (20) of the lens holder (12) with an adhesive (32) disposed therebetween (as shown in FIG. 1), the adhesive contacting both of (i) the axial face at the outer end of the cylindrical lens barrel receiving structure of the lens holder and (ii) the axial face of the annular flange of the cylindrical lens barrel; wherein the adhesive bonds the axial face at the outer end of the cylindrical lens barrel receiving structure of the lens holder to the axial face of the annular flange of the cylindrical lens barrel (as shown in FIGS. 1 and 3, para. [0071] to [0079]); an imager printed circuit board (18) having a first side and a second side opposite the first side, and wherein the second side of said imager printed circuit board is separated from the first side of said imager printed circuit board by a thickness dimension of said imager printed circuit board (as shown in FIG. 1, para. [0054]); wherein an imager (16) is disposed at the first side of said imager printed circuit board (para. [0029], FIG. 1); wherein said imager printed circuit board (18) is attached at the lens holder (12); wherein, with said imager printed circuit board attached at the lens holder, the first side of said imager printed circuit board (18) is closer to said cylindrical lens barrel (24) accommodating the plurality of optical elements (14) than is the second side of said imager printed circuit board (as shown in FIG. 1, para. [0051] to [0054]); wherein said imager printed circuit board comprises electronic circuitry (para. [0053]); wherein the electronic circuitry of said imager printed circuit board comprises said imager (para. [0053]); wherein said cylindrical lens barrel accommodating the plurality of optical elements is held in position relative to said imager by the adhesive bonding (32) the axial face at the outer end of the cylindrical lens barrel receiving structure of the lens holder to the axial face of the annular flange of the cylindrical lens barrel (as shown in FIG. 1and 3, para. [0056] and [0061] to [0064]); wherein the plurality of optical elements (14) comprises a frontmost optical element (i.e., a lens (14) incorporated in the front of the housing (12), see Abstract, para. [0018]); wherein, with said cylindrical lens barrel (24) accommodating the plurality of optical elements (14) held in position relative to said imager by the adhesive (32), said frontmost optical element is distanced further from said imager (16) than any other optical element of the plurality of optical elements (as shown in FIG. 3, para. [0056] to [0060]); wherein any other optical element of the plurality of optical elements is disposed between said frontmost optical element and said imager (i.e., lens 14 guides a subject image to the image pickup device 16, and includes a plurality of lenses (e.g., any other optical element) arranged along the optical axis, para. [0035]); wherein said frontmost optical element comprises a glass lens element; and wherein the plurality of optical elements comprises at least one plastic lens element (para. [0035], FIGS. 1 to 3). Iwasaki teaches all limitations except for explicit teachings of the adhesive contacting both of (i) the axial face at the outer end of the cylindrical lens barrel receiving structure of the lens holder and (ii) the axial face of the annular flange of the cylindrical lens barrel; wherein the adhesive bonds the axial face at the outer end of the cylindrical lens barrel receiving structure of the lens holder to the axial face of the annular flange of the cylindrical lens barrel. However, Bechtel teaches Ideally the process of aligning the lens to the image sensor and curing the UV adhesive to hold it in place is accomplished while actively focusing the lens to accommodate variations in the manufacture of the lens and other image sensor assembly components (para. [0113, lines 17-21]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate aligning the lens to the image sensor and curing the UV adhesive as taught by Bechtel in the device of Iwasaki, for the purpose of maintain the relative relationship between the components of the optical assembly thus maintains focus and optical center-alignment. Regarding independent claim 41, Iwasaki in view of Bechtel teaches all of the claimed limitations are rejected for the same reasons as outlined above with respect to independent claim 1 above and further teaches: “As shown in FIG. 3, the image pickup device 16 is a known solid-state image pickup device such as a CCD image sensor or a CMOS image sensor. In the image pickup device 16, a subject image guided by the lens 14 is formed on an imaging surface (light-receiving surface) 1606, and is captured thereat. The image pickup device 16 outputs an image signal corresponding to the captured image.”, paragraph [0051]; and “a plurality of lenses are shown as a single lens 14 in FIGS. 1 to 3. a plurality of lenses is shown as a single lens in FIGS. 1 to 3. At least the frontmost lens is formed of glass, and the other lenses can be formed by glass or synthetic resin (plastic).”, para. [0035], as cited in claims 2 and 15. The rejection of claims 1, 2 and 15 are hereby incorporated by reference. A vehicular camera assembly of claim 48 corresponds to the functions of the vehicular camera assembly of claims 1, 2 and 15 (see paragraphs [0005], [0035], [0051], [0053]-[0054] and [0065]). Regarding independent claim 67, Iwasaki in view of Bechtel teaches all of the claimed limitations are rejected for the same reasons as outlined above with respect to independent claims 1 and 41 above. The rejection of claims 1, 2 and 15 are hereby incorporated by reference. A vehicular camera assembly of claim 48 corresponds to the functions of the vehicular camera assembly of claims 1, 2 and 15 (see paragraphs [0005], [0035], [0051], [0053]-[0054] and [0065]). Regarding claim 2, Iwasaki teaches said imager comprises a complementary metal-oxide-semiconductor (CMOS) image sensor (para. [0005] and [0051]). Regarding claims 3, 26, 43, 60, 72 and 82, Iwasaki fails to teach the adhesive is an epoxy adhesive. However, Bechtel teaches the adhesive used can be the same adhesive described above with respect to adhesive 232. The thickness of the UV curable adhesive is dependent on the packaged image sensor 901 type. If the required thickness is too great, layers of the UV curable adhesive can be built up or another material, such as an epoxy layer, paragraph [0117]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate UV curable adhesive, such as an epoxy layer as taught by Bechtel in the device of Iwasaki, for the purpose of having epoxy adhesive for a desired period of time and a high temperature cure in order to maintain the relative relationship between the components of the optical assembly. Regarding claims 4, 27, 34, 44 and 83, Iwasaki fails to teach the epoxy adhesive comprises an epoxy-amine. However, Bechtel teaches the adhesive used can be the same adhesive described above with respect to adhesive 232. The thickness of the UV curable adhesive is dependent on the packaged image sensor 901 type. If the required thickness is too great, layers of the UV curable adhesive can be built up or another material, such as an epoxy layer, paragraph [0117]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate UV curable adhesive, such as an epoxy layer (an epoxy-amine) as taught by Bechtel in the device of Iwasaki, for the purpose of having epoxy-amine adhesive for a desired period of time and a high temperature cure in order to maintain the relative relationship between the components of the optical assembly. Regarding claims 6, 29, 40, 46, 62, 66, 75, 86 and 92, Iwasaki fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager has less than a 60% reduction in bond shear strength at 85 degrees Celsius. However, Bechtel teaches encapsulation or other materials which start as a single part or multiple parts and are processed with a high temperature cure, two part cure, ultra-violet cure, microwave cure, or the like (paragraphs [0266, lines 14-19]) ; the encapsulant also serves as a chemical barrier, sealant, and physical shroud providing protection of emitters, internal adhesives such as bonds, bond pads, conductor wires, wire bonds and internal surfaces of heat extraction member and electrical leads from environmental damage due to oxygen exposure, exposure to humidity or other corrosive vapors (paragraph [0267]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate encapsulant that includes a clear epoxy or other thermoset material as taught by Bechtel in the device of Iwasaki in view of Nakanishi, for the purpose of providing structural integration for the various features of the component, to retain the electrical leads, to protect the internal mechanisms of the component from environmental influences, to electrically insulate the semiconductor radiation emitters, to provide various optical moderation of radiant energy emitted by the emitter if desired (paragraph [0268, lines 10-17]). Furthermore, it has held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Alter, 105 USPQ 233. Regarding claims 7, 28, 37, 47, 61, 76 and 85, Iwasaki fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager comprises a glass transition temperature of at least 90 degrees Celsius. However, Bechtel teaches encapsulation or other materials which start as a single part or multiple parts and are processed with a high temperature cure, two part cure, ultra-violet cure, microwave cure, or the like (paragraphs [0266, lines 14-19]) ; the encapsulant also serves as a chemical barrier, sealant, and physical shroud providing protection of emitters, internal adhesives such as bonds, bond pads, conductor wires, wire bonds and internal surfaces of heat extraction member and electrical leads from environmental damage due to oxygen exposure, exposure to humidity or other corrosive vapors (paragraph [0267]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate encapsulant that includes a clear epoxy or other thermoset material as taught by Bechtel in the device of Iwasaki in view of Nakanishi, for the purpose of providing structural integration for the various features of the component, to retain the electrical leads, to protect the internal mechanisms of the component from environmental influences, to electrically insulate the semiconductor radiation emitters, to provide various optical moderation of radiant energy emitted by the emitter if desired (paragraph [0268, lines 10-17]). Furthermore, it has held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Alter, 105 USPQ 233. Regarding claims 14, 53 and 68, Iwasaki teaches the adhesive, prior to being cured, is disposed in its uncured state as a layer of uncured adhesive (32) when said cylindrical lens barrel (24) accommodating the plurality of optical elements (14) and said imager (16) are being positioned one to another (para. [0062] and [0064], FIG. 1 and 3). Iwasaki fails to teach a thickness that provides for angular adjustment. However, Bechtel teaches substantially transparent encapsulant refers to a material that, in a flat thickness of 0.5 mm (para. [0266, lines 4-7]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate thickness of 0.5 mm as taught by Bechtel in the device of Iwasaki, for the purpose of exhibits greater than 20% total transmittance of light at any wavelength in the visible light range between 380 nm and 800 nm (paragraph [0266, lines 7-9]). Regarding claim 15 and 36, Iwasaki teaches the plurality of optical elements comprises at least two plastic lens elements (a plurality of lenses is shown as a single lens in FIGS. 1 to 3. At least the frontmost lens is formed of glass, and the other lenses can be formed by glass or synthetic resin (plastic), para. [0035]). Regarding claims 16 and 81, Iwasaki teaches the plurality of optical elements comprises at least two glass lens elements, one of which comprises said frontmost optical element (a plurality of lenses is shown as a single lens in FIGS. 1 to 3. At least the frontmost lens is formed of glass, and the other lenses can be formed by glass or synthetic resin (plastic), para. [0035]). Regarding claims 17, 25, 42, 59 and 80, Iwasaki fails to teach the plurality of optical elements comprises an infrared (IR) cutoff filter. However, Bechtel teaches the optical system generally contains four components: lens structure 202; aperture stop member 203; far field baffle 204; and optional infrared filter 206. The optical system controls the scene viewed by the image sensor 201, para. [0084]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to block (cutoff) infrared light with an optional infrared filter as taught by Bechtel in the device of Iwasaki to improve image quality. Regarding claims 18 and 54, Iwasaki teaches the cylindrical lens barrel is formed by injection molding of plastic resin (The front case 20 (including barrel 24) and the rear case 22 are formed of synthetic resin (molding of plastic resin), para. [0033]). Regarding claim 19, Iwasaki teaches the cylindrical lens barrel is formed by injection molding of polyphenylene sulfide (PPS) plastic resin (The front case 20 (including barrel 24) and the rear case 22 are formed of synthetic resin (molding of polyphenylene sulfide (PPS) plastic resin), para. [0033]) Regarding claims 20, 55 and 69, Iwasaki teaches the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager is UV-curable when in its uncured state (an ultraviolet-curing adhesive, para. [0056] and [0061]). Regarding claims 21, 56 and 70, Iwasaki fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager is thermally-curable when in its uncured state. However, Bechtel teaches the encapsulant may include transfer molding compounds such as NT 300H, available from Nitto Denko, or potting, encapsulation or other materials which start as a single part or multiple parts and are processed with a high temperature cure, two-part cure, paragraph [0266, lines 14-19]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate a single part or multiple parts and are processed with a high temperature cure as taught by Bechtel in the device of Iwasaki, for the purpose of having epoxy-amine adhesive for a desired period of time and a high temperature cure in order to maintain the relative relationship between the components of the optical assembly. Regarding claims 22, 57, 71 and 89, Iwasaki teaches the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager is both UV-curable in its uncured state (an ultraviolet-curing adhesive, para. [0056] and [0061]). Iwasaki fails to teach thermally-curable in its uncured state. However, Bechtel teaches the encapsulant may include transfer molding compounds such as NT 300H, available from Nitto Denko, or potting, encapsulation or other materials which start as a single part or multiple parts and are processed with a high temperature cure, two-part cure, paragraph [0266, lines 14-19]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate a single part or multiple parts and are processed with a high temperature cure as taught by Bechtel in the device of Iwasaki, for the purpose of having epoxy-amine adhesive for a desired period of time and a high temperature cure in order to maintain the relative relationship between the components of the optical assembly. Regarding claim 23, Iwasaki teaches said imager printed circuit board is mechanically attached at the lens holder (an image pickup device 56 is mounted on a printed wiring board 64 that is screwed (mechanically attached) to the housing 50, para. [0009]). Regarding claims 24, 58 and 73, Iwasaki teaches said imager printed circuit board is mechanically attached at the lens holder via at least one screw (an image pickup device 56 is mounted on a printed wiring board 64 that is screwed to the housing 50, para. [0009]). Regarding claim 35, Iwasaki teaches the plurality of optical elements comprises at least two plastic lens elements and at least two glass lens elements, and wherein one of the at least two glass lens elements comprise said frontmost optical element (a plurality of lenses is shown as a single lens 14 in FIGS. 1 to 3. At least the frontmost lens is formed of glass, and the other lenses can be formed by glass or synthetic resin (plastic), paragraph [0035] and paragraph [0065]). Claims 5, 8, 9, 33, 39, 45, 48, 49, 64, 65, 74, 77, 78, 88 and 91 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Iwasaki (US PUB 2008/0024883) in view of Bechtel et al. (US PUB 2009/0010494; herein after “Bechtel”), and further in view of Agrawal et al. (US PUB 2011/0211246; herein after “Agrawal”). Regarding claims 5, 33, 45, 64, 74 and 88, Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager has a bond shear strength of at least 1,000 psi. However, Agrawal teaches Processing of these EC devices can be done using methods similar to those in the liquid crystal industry and make use of the automation that is available. The perimeter adhesive may be dispensed by a variety of methods such as using dispensers or screen printing on one of the two substrates. Since the cavity thickness is small one may also deposit small dots of the adhesive with spacers in several interior areas of the cavity that will help in keeping substrates equally spaced throughout. These areas should preferably be smaller than 0.25 sq mm, and more preferably smaller than 0.04 sq mm in cross section so that these are not easily visible. In addition to these dots a perimeter adhesive is also dispensed. The two substrates are then brought together and the perimeter adhesive is cured. The adhesive should preferably be light in color or colorless, although optionally dark colored adhesives may be used. If these adhesive dots, in the interior of the device are dispensed separate from the perimeter sealant, then these dots are made preferably of clear adhesive, and are cured before the main sealant is dispensed. These dots should preferably be UV cured and should be in a height of about 95% or lower as compared to the cured height of the perimeter sealant. Further, it is preferred that their mechanical modulus after curing should be less than that of the perimeter sealant and a preferred modulus range is about 1,000 to 200,000 psi, paragraph [0060]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may be dispensed by a preferred modulus range is about 1,000 to 200,000 psi as taught by Agarwal in the device of Iwasaki and Bechtel, for the purpose of ensuring that when the perimeter sealant bonds the two substrates there is little or no stress on the perimeter bond due to the compression. Regarding claims 8, 48 and 77 Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager has a tensile strength of at least 1,000 psi. However, Agrawal teaches Processing of these EC devices can be done using methods similar to those in the liquid crystal industry and make use of the automation that is available. The perimeter adhesive may be dispensed by a variety of methods such as using dispensers or screen printing on one of the two substrates. Since the cavity thickness is small one may also deposit small dots of the adhesive with spacers in several interior areas of the cavity that will help in keeping substrates equally spaced throughout. These areas should preferably be smaller than 0.25 sq mm, and more preferably smaller than 0.04 sq mm in cross section so that these are not easily visible. In addition to these dots a perimeter adhesive is also dispensed. The two substrates are then brought together and the perimeter adhesive is cured. The adhesive should preferably be light in color or colorless, although optionally dark colored adhesives may be used. If these adhesive dots, in the interior of the device are dispensed separate from the perimeter sealant, then these dots are made preferably of clear adhesive, and are cured before the main sealant is dispensed. These dots should preferably be UV cured and should be in a height of about 95% or lower as compared to the cured height of the perimeter sealant. Further, it is preferred that their mechanical modulus after curing should be less than that of the perimeter sealant and a preferred modulus range is about 1,000 to 200,000 psi, paragraph [0060]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may be dispensed by a preferred modulus range is about 1,000 to 200,000 psi as taught by Agarwal in the device of Iwasaki and Bechtel, for the purpose of ensuring that when the perimeter sealant bonds the two substrates there is little or no stress on the perimeter bond due to the compression. Regarding claims 9, 39, 49, 65, 78 and 91 Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager has a tensile strength of at least 1,000 psi during exposure to a temperature in the range from −40 degrees Celsius to 90 degrees Celsius. However, Bechtel teaches encapsulation or other materials which start as a single part or multiple parts and are processed with a high temperature cure, two part cure, ultra-violet cure, microwave cure, or the like (paragraphs [0266, lines 14-19]) ; the encapsulant also serves as a chemical barrier, sealant, and physical shroud providing protection of emitters, internal adhesives such as bonds, bond pads, conductor wires, wire bonds and internal surfaces of heat extraction member and electrical leads from environmental damage due to oxygen exposure, exposure to humidity or other corrosive vapors (paragraph [0267]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to incorporate encapsulant that includes a clear epoxy or other thermoset material as taught by Bechtel in the device of Iwasaki in view of Nakanishi, for the purpose of providing structural integration for the various features of the component, to retain the electrical leads, to protect the internal mechanisms of the component from environmental influences, to electrically insulate the semiconductor radiation emitters, to provide various optical moderation of radiant energy emitted by the emitter if desired (paragraph [0268, lines 10-17]). Furthermore, it has held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Alter, 105 USPQ 233. Further, Agrawal teaches Processing of these EC devices can be done using methods similar to those in the liquid crystal industry and make use of the automation that is available. The perimeter adhesive may be dispensed by a variety of methods such as using dispensers or screen printing on one of the two substrates. Since the cavity thickness is small one may also deposit small dots of the adhesive with spacers in several interior areas of the cavity that will help in keeping substrates equally spaced throughout. These areas should preferably be smaller than 0.25 sq mm, and more preferably smaller than 0.04 sq mm in cross section so that these are not easily visible. In addition to these dots a perimeter adhesive is also dispensed. The two substrates are then brought together and the perimeter adhesive is cured. The adhesive should preferably be light in color or colorless, although optionally dark colored adhesives may be used. If these adhesive dots, in the interior of the device are dispensed separate from the perimeter sealant, then these dots are made preferably of clear adhesive, and are cured before the main sealant is dispensed. These dots should preferably be UV cured and should be in a height of about 95% or lower as compared to the cured height of the perimeter sealant. Further, it is preferred that their mechanical modulus after curing should be less than that of the perimeter sealant and a preferred modulus range is about 1,000 to 200,000 psi, paragraph [0060]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may be dispensed by a preferred modulus range is about 1,000 to 200,000 psi as taught Agarwal in the device of Iwasaki and Bechtel, for the purpose of ensuring that when the perimeter sealant bonds the two substrates there is little or no stress on the perimeter bond due to the compression. Claims 10-12, 30-32, 38, 50-51, 63, 79, 84, 87 and 90 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Iwasaki (US PUB 2008/0024883) in view of Bechtel et al. (US PUB 2009/0010494; herein after “Bechtel”), and further in view of Dupuy (US 5423147). Regarding claims 10, 30, 38, 50, 63, 79, 87 and 90, Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager has a Shore D hardness of at least 50. However, Dupuy teaches the carrier has a Shore A hardness of from about 70-100. Such improvements also include a carrier whose channel contains a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise, and which contains entrapped nitrogen bubbles, column 2, lines 59-64. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may have a Shore hardness of from about 70-100 as taught by Dupuy in the device of Iwasaki and Bechtel to provide an improved weatherstrip seal profile. Regarding claims 11 and 31, Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager, when in its uncured state, has a viscosity of at least 30,000 centipoises. However, Dupuy teaches the carrier has a Shore A hardness of from about 70-100. Such improvements also include a carrier whose channel contains a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise, and which contains entrapped nitrogen bubbles, column 2, lines 59-64. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may have a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise as taught by Dupuy in the device of Iwasaki and Bechtel to provide an improved weatherstrip seal profile. Regarding claims 12 and 32, Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager, when in its uncured state, has a viscosity less than 70,000 centipoise. However, Dupuy teaches the carrier has a Shore A hardness of from about 70-100. Such improvements also include a carrier whose channel contains a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise, and which contains entrapped nitrogen bubbles, column 2, lines 59-64. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may have a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise as taught by Dupuy in the device of Iwasaki and Bechtel to provide an improved weatherstrip seal profile. Regarding claims 51 and 84, Iwasaki in view of Bechtel fails to teach the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager, when in its uncured state, has a viscosity of at least 30,000 centipoise, and wherein the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager, when in its uncured state, has a viscosity less than 70,000 centipoise. However, Dupuy teaches the carrier has a Shore A hardness of from about 70-100. Such improvements also include a carrier whose channel contains a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise, and which contains entrapped nitrogen bubbles, column 2, lines 59-64. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include perimeter adhesive may have a hot-melt adhesive having a viscosity of about 10,000-20,000 centipoise as taught by Dupuy in the device of Iwasaki and Bechtel to provide an improved weatherstrip seal profile. Claims 13 and 52 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Iwasaki (US PUB 2008/0024883) in view of Bechtel et al. (US PUB 2009/0010494; herein after “Bechtel”), and further in view of Lubart et al. (US PUB 2005/0018103; herein after “Lubart”). Regarding claims 13 and 52, Iwasaki teaches the adhesive holding said cylindrical lens barrel accommodating the plurality of optical elements in position relative to said imager is non-hygroscopic. However, Lubart teaches the transparent substrate 305 should be highly optically transmissive to visible, ultraviolet, and/or near infrared light between about 300-2,500 nanometers, stable to ultraviolet light, impervious to moisture, non-hygroscopic, scratch resistant, and easy to keep clean, with an appropriately chosen refractive index to match the other elements of the system in which it is a part. In one embodiment, the transparent substrate 305 can have specific properties that minimize absorption and redirection of energy--such as internal scattering. If an adhesive is used to secure the device in an application, Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to include adhesive that may be non-hygroscopic as taught by Dupuy in the device of Iwasaki and Bechtel to improve the performance of the device. Cited prior art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pre Grant Publication No. 2010/0103308 (Butterfield et al.) teaches “assembly (100) for positioning a lens (106) relative to an electronic imager (102). A viscous adhesive (104) is applied to the lens (106) or the electronic imager (102) outside of the optical path. The lens (106) is disposed on the electronic imager (102) exclusively with the adhesive (104) disposed between them”, See Abstract, FIGS. 1-3. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSTAK CHOUDHURY whose telephone number is (571)272-5247. The examiner can normally be reached on M-F 8AM-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached on 5712722333. 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. /MUSTAK CHOUDHURY/Primary Examiner, Art Unit 2872 May 19, 2026
Read full office action

Prosecution Timeline

Jul 08, 2024
Application Filed
May 26, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12656629
ASTIGMATISM CORRECTING CONTACT LENSES
3y 2m to grant Granted Jun 16, 2026
Patent 12650587
Objective Attachment for a Microscope Objective and Apparatus for Feeding and/or Removing an Immersion Liquid
3y 0m to grant Granted Jun 09, 2026
Patent 12650586
MICROSCOPIC DEVICES AND FOCUSING METHODS THEREOF
2y 10m to grant Granted Jun 09, 2026
Patent 12642431
SYSTEMS AND METHODS FOR ALIGNMENT OF THE EYE FOR OCULAR IMAGING
2y 5m to grant Granted Jun 02, 2026
Patent 12638665
APPARATUS AND METHOD FOR CONFOCAL OBSERVATION OF A SAMPLE
1y 2m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+22.1%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 812 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month