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 claims 1-7 in the reply filed on 6/10/26 is acknowledged. The traversal is on the ground(s) that the invention groups are not mutually exclusive. This is not found persuasive because,
The question as to whether or not inventions overlap in scope is not whether the groups share some limitations. In fact, if such were the case, no restriction between groups with a linking or generic claim would ever be proper. Clearly, such an interpretation would not be consistent with restriction practice or double patenting practice as a whole. Rather, related inventions in the same statutory class are considered mutually exclusive, or not overlapping in scope, if a first invention would not infringe a second invention, and the second invention would not infringe the first invention, MPEP806.05.
Regarding Applicant’s argument of the combination product infringing both inventions, Examiner notes the two-way infringement test applies strictly to the claims as written, not to an unclaimed product. Two inventions are legally mutual exclusive if a first invention would not infringe a second invention, and the second invention would not infringe the first invention (e.g., the fact that a car (unclaimed) may have an inventive engine and an inventive seat does not fail the mutual exclusive test between the inventive engine and the inventive seat, further all inventions coexist on the earth so Applicant’s argument literally tries to invalidate any restriction).
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-7 is/are rejected under at least one of 35 U.S.C. 102(a)(1) and (2) as being anticipated by Tang (US 20190004285).
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Regarding claim 1, Tang teaches (Fig. 21, Table 21) An optical imaging system comprising:
a first lens having a refractive power;
a second lens having a refractive power;
a third lens having a refractive power and a concave image-side surface in a paraxial region thereof;
a fourth lens having a refractive power;
a fifth lens having a negative refractive power and a convex object-side surface in a paraxial region thereof;
a sixth lens having a refractive power; and
a seventh lens having a refractive power,
wherein the first to seventh lenses are sequentially disposed in ascending numerical order along an optical axis of the optical imaging system from an object side of the optical imaging system toward an imaging plane of the optical imaging system,
a radius of curvature of the image-side surface of the third lens at the optical axis is greater than a radius of curvature of an object-side surface of the second lens at the optical axis (10>2.8),
a radius of curvature of an object-side surface of the third lens at the optical axis is greater than a radius of curvature of an object-side surface of the sixth lens at the optical axis (2.7>1,98), and
a radius of curvature of an object surface of the seventh lens at the optical axis is greater than a radius of curvature of an image-side surface of the seventh lens at the optical axis (3.8>1.3).
Regarding claim 2, Tang teaches The optical imaging system of claim 1, wherein the first lens has a convex object-side surface in a paraxial region thereof (Table 21).
Regarding claim 3, Tang (Table 21) The optical imaging system of claim 1, wherein the object-side surface of the second lens is convex in a paraxial region thereof.
Regarding claim 4, Tang further teaches (Table 21) The optical imaging system of claim 1, wherein the object-side surface of the third lens is convex in a paraxial region thereof.
Regarding claim 5, Tang further teaches (Table 21) The optical imaging system of claim 1, wherein the fourth lens has a convex object-side surface in a paraxial region thereof.
Regarding claim 6, Tang further teaches (Table 21) The optical imaging system of claim 1, wherein the object-side surface of the sixth lens is convex in a paraxial region thereof.
Regarding claim 7, Tang further teaches (Table 21) The optical imaging system of claim 1, wherein the object-side surface of the seventh lens is convex in a paraxial region thereof.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEN HUANG whose telephone number is (571)270-0234. The examiner can normally be reached on M-F: 9:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WEN HUANG/Primary Examiner, Art Unit 2872
wen.huang2@uspto.gov
(571)270-0234
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