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 .
Response to Amendment
The amendments to Claim 1 in the submission filed 7/7/2026 are acknowledged and accepted.
Cancellation of Claim 4 is acknowledged and accepted.
Pending Claims are 1-3,5-9.
Response to Arguments
Applicant's arguments (Remarks, filed 7/7/2026) have been considered, but, respectfully, are not found persuasive in view of the amended claims and the new grounds of rejection in view of Blankenbecler et al.
Claims 1-3,5-9 were rejected as follows:
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.
Claim(s) 1-3,5-9, is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al (US 2020/0033577 A1, of record) in view of Blankenbecler et al (US 5,044,737)..
Regarding Claim 1, Watanabe teaches (fig 1) an optical element (first group G1 of objective lens OL(1), para 19) comprising:
a planoconvex basic shape (plano convex shape of first group G1 as in fig 1) along an optical axis of the optical element (first lens group G1, para 55);
a first portion (L11) and a second portion (L13), each extending around the optical axis; and
a third portion (L12) arranged between the first portion (L11) and the second portion (L13),
wherein the third portion (L12) has a concave-convex form (“a negative meniscus lens L12 cemented to the positive lens L11 and having a concave surface facing the object”, para 19 and as in fig 1);
wherein the first portion (L11) includes a plane side face for facing an object to be imaged (“a positive lens L11, which is plano-convex”, para 19), and the second portion (L13) includes a convexly shaped side face for facing an image plane (convex face towards image, fig 1);
wherein the plane side face of the first portion (L11) is designed to collect and steer a radiation to be captured into the optical element (first group G1 of objective lens OL 1, para 19), and the optical element (first group G1 of objective lens OL 1, para 19) is designed to guide rays of the captured radiation in a beam path;
wherein the first, the second and the third portions (L11, L13, L12) are arranged directly adjacent to one another (as in fig 1); and
wherein a refractive index of the third portion (L12) is greater than a refractive index of the second portion (L13), and wherein the refractive index of the second portion (L13) is greater than a refractive index of the first portion (L11) (Table 1, refractive indices of third, second and first portions are 2.10 (L12) >1.65(L13) > 1.45(L11)).
However, Watanabe does not teach
wherein the first portion (L11), the second portion (L13) and the third portion (L12) are formed as a monolithic main body.
Watanabe and Blankenbecler are related as first, second, third portions.
Blankenbecler teaches (fig 3)
wherein the first portion (top cap 34), the second portion (middle section 32) and the third portion (bottom cap 36) are formed as a monolithic main body (monolithic lens 30) (col 5, lines 24-32).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the optical element of Watanabe to include the monolithic body made of first, second, third portions of Blankenbecler for the purpose of having an unitary compact monolithic mass of an optical element with different refractive indices permitting correction of spherical and chromatic aberrations (col 2, lines 29-32).
Regarding Claim 2, Watanabe-Blankenbecler teaches the optical element according to claim 1,
wherein the optical element (first group G1 of objective lens OL(1), para 19, Watanabe) is a front optical unit (Group 1 is front optical unit) of an objective (objective lens OL(1), para 19).
Regarding Claim 3, Watanabe-Blankenbecler teaches the optical element according to claim 1,
wherein the first portion (L11), the second portion (L13), and the third portion (L12) are joined to one another (joined as in fig 1, Watanabe) along the optical axis.
Regarding Claim 5, Watanabe-Blankenbecler teaches the optical element according to claim 1,
wherein only the plane side face (plane surface of L11 towards the object, Watanabe) of the first portion (L11) is designed to collect the radiation (as in fig 1 only surface of L11 collects incoming light).
Regarding Claim 6, Watanabe-Blankenbecler teaches the optical element according to claim 5,
wherein the plane side face of the first portion (L11) protrudes beyond the third portion (L12) in a direction of the object (L11 protruding towards object, as in fig 1, Watanabe).
Regarding Claim 7, Watanabe-Blankenbecler teaches the optical element according to claim 1,
wherein the second portion (L13) has a hyper-hemispherical form (image facing side surface of L13 is as in fig 1, Watanabe) and engages around the convexly shaped side face (side of face of L12 towards image is hyper extended beyond the sphere shape of the inner surface of L12 and hence is hyper-hemispherical and surrounds some central region of L12) of the third portion (L12) in regions.
Regarding Claim 8, Watanabe-Blankenbecler teaches (fig 1) an objective (objective lens OL(1), para 19, Watanabe) comprising the optical element (Group 1, para 55) according to claim 1 as front optical unit (G1 is a front optical unit of objective OL(1)).
Regarding Claim 9, Watanabe-Blankenbecler teaches a microscope (immersion microscope, para 19, Watanabe) comprising the objective (objective lens OL(1), para 19) according to claim 8.
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 JYOTSNA V DABBI whose telephone number is (571)270-3270. The examiner can normally be reached M-Fri: 9:00am-5:00pm.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 9/2/2026
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