Prosecution Insights
Last updated: October 02, 2026
Application No. 18/940,650

ZOOM LENS, OPTICAL APPARATUS, AND A MANUFACTURING METHOD OF THE ZOOM LENS

Non-Final OA §101§102
Filed
Nov 07, 2024
Priority
Nov 21, 2013 — JP 2013-240958 +6 more
Examiner
COLLINS, DARRYL J
Art Unit
Tech Center
Assignee
NIKON Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1264 granted / 1419 resolved
+29.1% vs TC avg
Minimal +5% lift
Without
With
+4.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
33 currently pending
Career history
1432
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
34.2%
-5.8% vs TC avg
§102
41.7%
+1.7% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1419 resolved cases

Office Action

§101 §102
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application Number 15/161,235, filed on May 21, 2016. Information Disclosure Statement The information disclosure statement (IDS) submitted on November 7, 2024 has been considered by the examiner. Claim Rejections - 35 USC § 102 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 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)(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 18 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Noda (U.S. Patent Publication 2015/0378139). With regard to independent claim 18, Noda teaches a zoom lens (page 1, paragraph [0002] and Figure 3) comprising, in order from an object, a first lens group (Figure 3, element G1) having a negative refractive power (page 2, paragraph [0047], line 2), a second lens group (Figure 3, element G2) having a positive refractive power (page 2, paragraph [0047], lines 3-42), a third lens group (Figure 3, element G3) having a negative refractive power (page 2, paragraph [0047], lines 4-5), and a fourth lens group (Figure 3, element G4) having a positive refractive power (page 2, paragraph [0047], lines 5-6), the first lens group, the second lens group, the third lens group, and the fourth lens group moving on an optical axis so that zooming is performed by changing respective distances between the first lens group and the second lens group, the second lens group and the third lens group, and the third lens group and the fourth lens group (page 2, paragraph [0047], lines 7-13),the first lens group comprising a negative lens disposed closest to the object, a negative lens, and a positive lens (page 3, paragraph [0053], lines 1-5 and Figure 3, element L11, L12 and L13, respectively), the third lens group consisting of one negative lens (page 4, paragraph [0062], lines 1-3 and Figure 3, element L31),the fourth lens group consisting of one lens (page 4, paragraph [0066], lines 1-3 and Figure 3, element L41), and the following conditional expressions being satisfied: 0.30 < D3W/D3T < 1.10 (page 7, Table 11, wherein D3W = DD[16] (wide Angle) = 2.622; D3T = DD[16] (Telephoto) = 5.623; and D3W/D3T = 0.47) and 2.30 < f4/fw < 8.00 (page 7, Tables 9 and 10, wherein f4 = 13.18 (calculated); fw = 3.67; and f4/fw = 3.59) where D3W denotes an air interval between the third lens group and the fourth lens group in a wide-angle end state, D3T denotes an air interval between the third lens group and the fourth lens group in a telephoto end state, f4 denotes a focal length of the fourth lens group, and fw denotes a focal length of the zoom lens in the wide-angle end state. Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claim 18 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 (see claim analysis below) of prior U.S. Patent Number 10,551,601. This is a statutory double patenting rejection. U.S. Patent Application 18/940650 U.S. Patent Number 10,551,601 Claim 18 A zoom lens comprising, in order from an object, a first lens group having a negative refractive power, a second lens group having a positive refractive power, a third lens group having a negative refractive power, and a fourth lens group having a positive refractive power, the first lens group, the second lens group, the third lens group, and the fourth lens group moving on an optical axis so that zooming is performed by changing respective distances between the first lens group and the second lens group, the second lens group and the third lens group, and the third lens group and the fourth lens group, the first lens group comprising a negative lens disposed closest to the object, a negative lens, and a positive lens, the third lens group consisting of one negative lens, the fourth lens group consisting of one lens, and the following conditional expressions being satisfied: 0.30 < D3W/D3T < 1.10 2.30 < f4/fw < 8.00 where D3W denotes an air interval between the third lens group and the fourth lens group in a wide-angle end state, D3T denotes an air interval between the third lens group and the fourth lens group in a telephoto end state, f4 denotes a focal length of the fourth lens group, and fw denotes a focal length of the zoom lens in the wide- angle end state. Claim 1 A zoom lens comprising, in order from an object, a first lens group having a negative refractive power, a second lens group having a positive refractive power, a third lens group having a negative refractive power, and a fourth lens group having a positive refractive power, the first lens group, the second lens group, the third lens group, and the fourth lens group moving on an optical axis so that zooming is performed by changing respective distances between the first lens group and the second lens group, the second lens group and the third lens group, and the third lens group and the fourth lens group, the first lens group comprising a negative lens disposed closest to the object, a negative lens, and a positive lens, the third lens group consisting of one negative lens, the fourth lens group consisting of one lens, and the following conditional expressions being satisfied: 0.30<D3W/D3T<1.10 2.30<f4/fw<8.00 where D3W denotes an air interval between the third lens group and the fourth lens group in a wide-angle end state, D3T denotes an air interval between the third lens group and the fourth lens group in a telephoto end state, f4 denotes a focal length of the fourth lens group, and fw denotes a focal length of the zoom lens in the wide-angle end state. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kawamura et al (U.S. Patent Publication 2014/0375870), Hagiwara (U.S. Patent Publication 2015/0070520), Kai et al (U.S. Patent Publication 2015/0097989), Ichikawa et al (U.S. Patent Publication 2015/0237266), Izuhara et al (U.S. Patent Publication 2015/0281588) and Kawamura et al (U.S. Patent Publication 2016/0004054) all teach zoom lens systems comprising four lens groups. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRYL J COLLINS whose telephone number is (571) 272-2325. The examiner can normally be reached M-Th 5:30 a.m. - 4:00 p.m. 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, Ricky L Mack can be reached at 571-272-2333. 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. /DARRYL J COLLINS/Primary Examiner, Art Unit 2872 03 August 2026
Read full office action

Prosecution Timeline

Nov 07, 2024
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §101, §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+4.9%)
2y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1419 resolved cases by this examiner. Grant probability derived from career allowance rate.

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