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 .
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 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.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/23/2024 have been considered by the examiner. The submissions are in compliance with the provisions of 37 CFR 1.97.
Double Patenting
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10/536,620. Although the claims at issue are not identical, they are not patentably distinct from each other because present application claims and the patent claims amount to similar features and present application claims are therefore obvious variants thereof and/or are broader representations of the claims.
Claims
Current application (Application Number 18/905,548)
Parent (Patent Number 10/536,620)
1
A camera body comprising: a receiver configured to receive a signal from a lens barrel comprising an imaging optical system comprising a focus adjustment lens; an image sensor configured to capture an image formed by the imaging optical system; and a controller configured to control the receiver to receive a first image plane transfer coefficient and a second image plane transfer coefficient, the first image plane transfer coefficient corresponding to a value of TL/TI and being determined in correspondence with a position of the focus adjustment lens, the second image plane transfer coefficient being less than a minimum value of the first image plane transfer coefficient from the lens barrel, and the TL being an amount of movement of the focus adjustment lens, and the TI being an amount of movement of an image plane of the imaging optical system.
1. An exchangeable lens comprising: an imaging optical system including a focus adjustment lens; a driver that drives the focus adjustment lens in a direction of an optical axis; a transceiver that transmits and receives a signal to and from a camera body; and a controller that controls the transceiver to repeatedly transmit a first image plane transfer coefficient which is determined in correspondence with a position of the focus adjustment lens included in the imaging optical system and a second image plane transfer coefficient which does not depend on the position of the focus adjustment lens to the camera body at a predetermined interval, wherein, when the controller repeatedly transmits the second image plane transfer coefficient to the camera body, the controller varies the second image plane transfer coefficient over time. Note: in the allowance of 10/536,620 examiner noted that the image plane transfer coefficient was defined as the equation of TL/TI. Also claims 6 - 7 includes TL/TI.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11/006,032. Although the claims at issue are not identical, they are not patentably distinct from each other because present application claims and the parent application claims amount to similar features and present application claims are therefore obvious variants thereof and/or are broader representations of the claims.
Claims
Current application (Application Number 18/905,548)
Parent (Patent Number 11/006,032)
1
A camera body comprising: a receiver configured to receive a signal from a lens barrel comprising an imaging optical system comprising a focus adjustment lens; an image sensor configured to capture an image formed by the imaging optical system; and a controller configured to control the receiver to receive a first image plane transfer coefficient and a second image plane transfer coefficient, the first image plane transfer coefficient corresponding to a value of TL/TI and being determined in correspondence with a position of the focus adjustment lens, the second image plane transfer coefficient being less than a minimum value of the first image plane transfer coefficient from the lens barrel, and the TL being an amount of movement of the focus adjustment lens, and the TI being an amount of movement of an image plane of the imaging optical system.
1. An exchangeable lens comprising: an imaging optical system including a focus adjustment lens; a driver that drives the focus adjustment lens; a transceiver that transmits and receives a signal to and from a camera body; and a controller configured to control the transceiver to transmit a first image plane transfer coefficient which corresponds to a value of TL/TI and is determined in correspondence with a position of the focus adjustment lens and a second image plane transfer coefficient which is less than a minimum value of the first image plane transfer coefficient to the camera body, TL being an amount of movement of the focus adjustment lens and TI being an amount of movement of an image plane.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GAO (US patent No. 2012/0307133) teaches optical element with optical transfer function.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Usman A Khan whose telephone number is (571)270-1131. The examiner can normally be reached on M - Th 5:30 AM - 2 PM, F 5:30 AM - Noon.
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Usman Khan
/USMAN A KHAN/Primary Examiner, Art Unit 2637
01/14/2026