CTNF 18/918,212 CTNF 80273 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of foreign patent application number 2023-190512, filed in Japan on November 8, 2023, has been received and made of record. Information Disclosure Statement The information disclosure statement (lDS) submitted on October 17, 2024, is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Drawings 06-36 AIA 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, the “ holding member that holds the base member ” (recited in each of claims 1, 2 and 3) 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. Claim Rejections - 35 USC § 112(a) 07-30-01 AIA The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 07-31-02 AIA Claim s 1-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Regarding claims 1 and 3-5 , independent claim 1, from which claims 3-5 depend and inherit all limitations therefrom, recites “ a holding member that holds the base member ”. The specification is not found to describe what actually constitutes the structural metes and bounds of “ a holding member ” or how it actually “ holds ” or is physically associated with “the base member ”. It is noted that the closest structural reference from the specification regarding “ a holding member ” is “ a holding member (e.g., a lens barrel) ” in paragraph [0020] and “ an unillustrated holding member (e.g., a lens barrel) ” in paragraph [0026]. However, the references to “ a lens barrel ” only provide an exempli gratia , a for example, without actually providing any structural teachings or discussion related to the specifics of the claimed apparatus; a description necessary to the understanding of the structure of the recited apparatus and how the recited elements interact/relate structurally, with particular note to the fact of limiting recitations related to being “relative to the holding member” (e.g., line 11 and lines 24-25). Further to this, the drawings of the claimed apparatus are also not found to illustrate the recited “ a holding member ”; illustrations which could give life to the structural relationships and relative orientations. Absent further information, one of ordinary skill in the art would not even be put in position to determine the necessary or even most rudimentary structural limitations and physical parameters of the recited “ a holding member ”, given the broad unspecific recitation “ a holding member ”, which is not a well-known and accepted term in the imaging arts, and in light of the lack of specifics within the disclosure, which is not found to provide any direction regarding structural limitations, physical parameters and specific structural connectivity with other elements. The disclosure is also not found to provide any working examples. Based on the lack of disclosure and information relating to a “ lens apparatus ” comprised of the “ base member ” and “ a holding member ”, even the quantity of experimentation needed to make or use the invention is undeterminable based on the content of the disclosure. In view of at least the above, the claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Regarding claims 2 and 6 , independent claim 2, from which claim 6 depends and inherits all limitations therefrom, recites “ a holding member that holds the base member ”. The specification is not found to describe what actually constitutes the structural metes and bounds of “ a holding member ” or how it actually “ holds ” or is physically associated with “the base member ”. It is noted that the closest structural reference from the specification regarding “ a holding member ” is “ a holding member (e.g., a lens barrel) ” in paragraph [0020] and “ an unillustrated holding member (e.g., a lens barrel) ” in paragraph [0026]. However, the references to “ a lens barrel ” only provide an exempli gratia , a for example, without actually providing any structural teachings or discussion related to the specifics of the claimed apparatus; a description necessary to the understanding of the structure of the recited apparatus and how the recited elements interact/relate structurally, with particular note to the fact of limiting recitations related to where “ the holding member includes a third positioning portion that contacts an outer circumferential surface of the base member at at least three locations and determines a center of the base member ” (e.g., lines 8-10), and is necessary to the understanding how the “ portion ” of “ the holding member ” relates to the “ at least three locations ” and how the “ holding member ” “ determines a center of the base member .” Further to this, the drawings of the claimed apparatus are also not found to illustrate the recited “ a holding member ”; illustrations which could give life to the structural relationships and relative orientations. Absent further information, one of ordinary skill in the art would not even be put in position to determine the necessary or even most rudimentary structural limitations and physical parameters of the recited “ a holding member ”, given the broad unspecific recitation “ a holding member ”, which is not a well-known and accepted term in the imaging arts, and in light of the lack of specifics within the disclosure, which is not found to provide any direction regarding structural limitations, physical parameters and specific structural connectivity with other elements. The disclosure is also not found to provide any working examples. Based on the lack of disclosure and information relating to a “ lens apparatus ” comprised of the “ base member ” and “ a holding member ”, even the quantity of experimentation needed to make or use the invention is undeterminable based on the content of the disclosure. In view of at least the above, the claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim Rejections - 35 USC § 112(b) 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 1 and 3-5 , independent claim 1, from which claims 3-5 depend and inherit all limitations therefrom, recites “ a holding member that holds the base member ” (line 4), and physically association with an element, i.e., “ from rotating about an optical axis relative to the holding member ” (line 11) and “a base member relative to the holding member” (lines 24-25). It is unclear from the claim, as well as in view of the original disclosure, how the “ holding member ” is physically associated with the other recited elements of the claim; an understanding of which being essential to defining the limitations of a structure, i.e., “ A lens apparatus ”. Absent clarity, one skilled in the arts would not be on fair notice regarding the metes and bounds of the claimed subject matter. In light of at least the above, the claims are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 2 and 6 , independent claim 2, from which claim 6 depends and inherits all limitations therefrom, recites “ wherein the holding member includes a third positioning portion that contacts an outer circumferential surface of the base member at at least three locations and determines a center of the base member .” It is unclear how the structural element actively “ determines a center of the base member ” (also see the 35 U.S.C. 112(a) rejection, supra, regarding a lack of structural disclosure in relation to the “ holding member .”) Absent clarity, one skilled in the arts would not be on fair notice regarding the metes and bounds of the claimed subject matter. In light of at least the above, the claims are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Website: https://www.globalspec.com/reference/63923/203279/5-8-bolt-circles-bcs-and-hole-coordinate-calculations linking Handbook of Machining and Metalworking Calculations by Ronald A. Walsh teaches an example of some of the well-known methods to calculate or express hole/opening locations relative to one-another. The Examiner notes that the recitations of at least claim 1 involve mathematical observations that exist beyond and separate from the physical limitation of the recited apparatus, and, as the claims specially recite as an apparatus, these mathematical observations are not interpreted to be a method of manufacture or production. U.S. Patent Publication No. 2022/0303521 to Noguchi et al. teaches a stereo camera device that includes a member having a first opening corresponding to a first optical system and a second opening corresponding to a second optical system. U.S. Patent Publication No. 2023/0197019 to Sato teaches a similar optical apparatus having two optical paths. U.S. Patent Publication No. 2008/0239063 to Ishikawa et al. teaches a stereoscopic system having a circular front member. U.S. Patent No. 12,547,563 to Sato teaches a similar aperture stop apparatus. U.S. Patent No. 3,774,512 to Seiden et al. teaches a dual lens optical system. U.S. Patent No. 2,922,349 to Rochwite teaches a stereoscopic camera with a mechanical shutter system. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex. 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, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GARY C VIEAUX/Primary Examiner, Art Unit 2638 Application/Control Number: 18/918,212 Page 2 Art Unit: 2638 Application/Control Number: 18/918,212 Page 3 Art Unit: 2638 Application/Control Number: 18/918,212 Page 4 Art Unit: 2638 Application/Control Number: 18/918,212 Page 5 Art Unit: 2638 Application/Control Number: 18/918,212 Page 6 Art Unit: 2638 Application/Control Number: 18/918,212 Page 7 Art Unit: 2638 Application/Control Number: 18/918,212 Page 8 Art Unit: 2638 Application/Control Number: 18/918,212 Page 9 Art Unit: 2638 Application/Control Number: 18/918,212 Page 10 Art Unit: 2638
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