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
2. In response to the Election/Restriction mailed to applicant on 05/22/2026, applicant has made an election with traverse of Invention I in the reply filed on 07/20/2026. The traversal is on the ground(s) that “The inventions I, II and III are not separate inventions bur are aspects of an integrated optical design of a telephoto lens”, see Election in page 1. This is not found persuasive because of the following reasons.
a) Applicant is respectfully invited to review the features recited in the claims of each groups of Inventions I-III which recites different features and not overlapped from each other. In particular, the claims of the Invention I is directed to specific features regarding the air gaps between two adjacent lenses constituted the electronic device or the lens assembly while the claims of the Invention II is directed to the shape/curvature of the incident and the exit surfaces of the lenses constituted the electronic device or the lens assembly and the claims of the Invention III is directed to an arrangement of the aperture with respect to the lenses constituted the electronic device or the lens assembly.
Applicant should note that a lens system having a plurality of lenses wherein the distance/air gap between two specific lenses larger than an air gap of two adjacent other lenses constituted the lens system does not related or controlled the shape/curvature of the lenses constituted the lens system as recited in the claims of the invention II or an arrangement of an aperture stop inside the lens system and controlled the distance between the stop and other component(s) of the lens system as recited in the claims of the Invention III. Different features recited in the claims of the three Inventions I-III are completely different and/or not overlapped from each other thus searches for each specific groups features recited in different Inventions required to search for different classes/subclasses.
b) It is noted that the Election/Restriction set forth in the office action of 10/10/2024 provides different classes/subclassed which is/are required to search for different feature recited in different Inventions.
Thus, the different structures constituted by different features among claims of the Inventions I-III require different searches for each structure and thus cause a serious burden on the examiner to search and examination of different inventions if an election was not being issued.
The requirement is still deemed proper and is therefore made FINAL.
3. As a result of applicant’s election and the examiner’s response as provided above, claims 1-3, 6, 11-14 and 17 are examined in the present office action, and clams 4-5, 7-10, 15-16 and 18-20 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Inventions II and III.
Applicant should note that the non-elected claims 4-5 and 7-10 will be rejoined if the linking claim 1 is later found as an allowable claim, and claims 15-16 and 18-20 will be rejoined if the linking claim 1 is later found as an allowable claim
Priority
4. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
5. The Written Opinion (PCT/ISA/237) issued by the International Searching Authority on June 23, 2023 listed tin the information disclosure statement filed 09/18/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
6. The drawings contain eighteen sheets of figures 1-23 were received on 09/18/2024. These drawings are approved by the examiner.
Specification
7. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
8. Claims 3 and 14 are objected to because of the following informalities. Appropriate correction is required.
a) In claim 3: the claim repeats definition(s)/explanation(s) of parameters recited in its base claim. In particular, definition/explanation of each parameters thereof “T34” and “T45” is provided in its base claim 2 on lines 3-4.
Should “the second lens, T23 is an air gap between the second lens and the third lens, T34 is an air gap between the third lens and the fourth lens, and T45 is an air gap between the fourth lens and the fifth lens.” recited in claim 3 on lines 3-5 be changed to - the second lens and T23 is an air gap between the second lens and the third lens.--?
b) In claim 14: the same objection and suggestion raised in element a) are also applied the claim 14.
Claim Rejections - 35 USC § 102
9. 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.
10. 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.
11. Claims 1-3, 6, 11-14 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang (US Publication No. 2017/0146776).
Kang discloses a lens system for use in an electronic device, see paragraphs [0003]-[0009].
a) Regarding present claims 1, 6, 12 and 17, the lens system of the first embodiment as described in paragraphs [0036]-[0045] and [[0061]-[0064], Table 2 and shown in fig. 1 comprises the following features;
a1) six lenses (I-VI) and an aperture stop (S1) arranged form an object side of the lens system to an image side of the lens system;
a2) The first lens (I) has a positive refractive power; the fourth lens (IV) has a negative refractive power and a concave lens surface (8) facing the image side of the lens system, the fifth lens (V) has a negative refractive power and the sixth lens (VI) has a positive refractive power;
a3) An image sensor (VII) having an imaging plane (IMG);
a4) an air gap, T45, between the fourth lens (IV) and fifth lens (V) is larger than an air gap between two other adjacent lenses, see Table 2 which shows T12 is 0.3 mm; T23 is 0.3 mm; T34 is 0.2262 mm; T45 is 1.4254 mm and T56 is 0.1742 mm; and
a5) from paragraph [0064] and Table 2, the distance, TL, from the object side lens surface (1) of the first lens (i) to the imaging plane (IMG) is 6.5099 mm; the focal length, f, of the lens system is 6.8 mm and the distance, SL, from the aperture stop (S1) to the imaging plane is 4.2361 mm then
a51) The ratio of TL/f has a value of 0.96 which is smaller than 1 as recited in each of claims 1 and 12; and
a52) the ratio of SL/TL has a value of 0.65 which is inside the range of (0.1; 0.8) as recited in each of claims 1 and 12.
Applicant should note that it was decided in the Courts that “the disclosure in the prior art of any value within a claimed range is an anticipation of that range.”, In re Wertheim, 541 F. 2d 257, 191 USPQ 90 (CCPA 1976); Titanium Metals Corporation of America, 227 USPQ 773 (Fed. Cir. 1985); In re Petering, 301 F. 2d 676, 133 USPQ 275 CCPA 1962).
b) Regarding present claims 2 and 13, from Table 2, because T34 is 0.2262 mm and T45 is 1.4254 mm then the ratio of T34/T45 has a value of 0.16 which is inside the range of (0.1; 1.0) as recited in each claim.
c) Regarding present claims 3 and 14, from Table 2, because T12 is 0.3 mm; T23 is 0.3 mm; T34 is 0.2262 mm and T45 is 1.4254 mm then the ratio of (T12+T23)/(T34+T45) has a value of 0.36 which is inside the range of (0.1; 1.0) as recited in each claim.
d) Regarding present claim 11, the first lens (I) has an Abbe number of 56.093 which is larger than 55 as recited in the claim.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THONG Q NGUYEN whose telephone number is (571)272-2316. The examiner can normally be reached M - Th: 6:00 ~ 17:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHONE B. ALLEN can be reached at (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THONG Q NGUYEN/Primary Examiner, Art Unit 2872
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