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 (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.
Information Disclosure Statement
The information disclosure statement(s) filed on November 12, 2024 (x2); May 11, 2026 have/has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
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.
Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,169,351 (herein US351). Although the claims at issue are not identical, they are not patentably distinct from each other because:
As to claim 1, US 351 claims recite:
Claim 1 instant Application Limitation
US 351 corresponding claim
An imaging lens assembly comprising a plurality of lens elements
Claim 1
a lens barrel comprising a plate portion having a central hole, and an optical axis of the imaging lens assembly passing through the central hole
Claim 1
a tube portion extending from the plate portion which is parallel with the optical axis and defining an inner space, and the lens elements disposed in the inner space
Claim 1
a glue material disposed between one of the lens elements and the tube portion of the lens barrel, and the glue material is for fixing the lens elements in the inner space
Claim 1 (fixing lens elements implicit)
a first void structure extending from the central hole to the tube portion
Claim 1
herein the tube portion comprises a plurality of inner annular surfaces, the inner annular surfaces corresponds to the lens elements, respectively, the glue material is disposed between an outer diameter surface of the one of the lens elements and each of the inner annular surfaces corresponding to the lens elements, the lens elements comprise a first lens element, and the first lens element is physically contacted with the plate portion of the lens barrel;
Claim 1
wherein the first void structure is for maintaining an air gap between the first lens element and the plate portion, a thickness of the air gap is d, and the following condition is satisfied:
0.5 um < d < 40um
Claim 1
As to claims 2-10, US 351 claims 2-10 recite substantially similar subject matter.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-7, 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2021/0389546 - Zhao) in view of Zhan et al. (US 2017/0003473 - Zhan).
As to claim 1, Zhao teaches an imaging lens assembly (Zhao Fig. 1; Figs. 5A,B) comprising a plurality of lens elements (Zhao Fig. 1 - 110, 112, 114, 116, 118, 120; Figs. 5A, B - 510, 520)
a lens barrel (Zhao Fig. 1 - 152, 140, 142, 144, 146; Fig. 5A - 540, 530) comprising
a plate portion having a central hole (Zhao Fig. 5A - 530; Fig. 5B - 530) and an optical axis of the imaging lens assembly passing through the central hole (Zhao Fig. 1; Figs. 5A,B);
a tube portion extending (Zhao Fig. 1 - 152; Figs. 5A,B - 540) from the plate portion which is parallel to the optical axis and defining an inner space (Zhao Fig. 1; Fig. 5A, B - 540), and the lens elements disposed in the inner space (Zhao Figs. 1, 5A,B);
a first void structure extending from the central hole to the tube portion (Zhao Fig. 5B - 570; para. [0036]);
wherein the tube portion comprises a plurality of inner annular surfaces (Zhao Fig. 1 - inner surfaces of (152); Figs. 5A,B - inner surfaces of (540)) the inner annular surfaces corresponds to the lens elements respectively (Zhao Fig. 5B - 510, 520, 540), the lens elements comprise a first lens element (Zhao Fig. 5B - 520) and the first lens element is physically contacted with the plate portion of the lens barrel (Zhao Fig. 5B - 520, 530);
wherein the first void structure is for maintaining an air gap between the first lens element and the plate portion (Zhao Fig. 5B - 570; para. [0036]), and a thickness of the air gap d satisfies: 0.5 um < d < 40 um (Zhao para. [0001] - teaching the film shim (530) having a thickness of < 0.022 mm (i.e. d < 22um) which corresponds to the gap (570) thickness which is an overlapping range of sufficient specificity (MPEP 2131.03) and prima facie obvious (MPEP 2144.05)).
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Zhao doesn’t specify glue disposed between the lens elements (e.g. 510, 520) and the annular surfaces of the lens barrel (540).
In the same field of endeavor Zhan teaches glue between the lens elements and annular surfaces of lens barrels (Zhan Fig. 5 - 3; para. [0026]; Fig. 7 - 125, 127). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such glue since, as taught by Zhan, such glue allows for bonding the lens elements and barrel (Zhan para. [0031]).
As to claim 2, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Zhao further teaches the first void structure is disposed on the plate portion of the lens barrel (Zhao Fig. 5B - 572; Fig. 6 - 612, 622, 632, 642, 652, 663) the first void structure comprises a first step and a first descending surface (Zhao Fig. 5B - 572; Fig. 6 - 612, 622, 632, 642, 652, 663; see below), the first step and the first descending surface are for maintaining the air gap between the plate portion and the first lens element which is physically contacted with the plate portion (Zhao Fig. 5B- 532, 534, 520, 572)
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As to claim 3, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Zhao/Zhan further teaches the tube portion of the barrel comprises a second void structure (Zhao Fig. 5B; para. [0031] - tube portion (540) having void structure/inner wall creating space (560)), the second void structure corresponding to the outer diameter of the one of the lens elements (Zhao Fig. 5B - 510, 520), the second void structure comprising a second step and a second descending surface (Zhao Fig. 5B - steps and descending surfaces of inner wall of (540)), and a part of the glue material disposed in the second void structure (Zhan Fig. 5 - 3, 11, 115).
As to claim 5, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Zhao further teaches the thickness of the air gap d satisfies: 0.5 um < d < 23um (Zhao para. [0001]).
As to claim 6, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Zhao further teaches an outer diameter of the first lens element is phi1 (Zhao Fig. 1 - 120; Fig. 5B - 520) and outer diameter of the one of the lens elements connected with the glue material is phi-i (Zhao Fig. 1 - 110, 112; Fig. 5B - 510) and satisfying 1.0 ≤ phi-i/phi1 < 1.43 (Zhao Figs. 1, 5B - showing the diameters as phi1 < phi-i and thus phi-i/phi1 > 1 which is an overlapping range of sufficient specificity (MPEP 2131.03) and prima facia obvious (MPEP 2144.05)).
As to claim 7, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 6, and Zhao/Zhan further teaches between the one of the lens elements which is for disposing the glue material and the first lens element comprises at least two other lens elements (Zhao Fig. 1; Zhan Fig. 5).
As to claim 9, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Zhao further teaches an image capturing apparatus (Zhao Fig. 1; para. [0001]).
As to claim 10, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 9, and Zhao further teaches an image sensor disposed on an image surface of the imaging lens (Zhao para. [0001]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao and Zhan as applied to claim 1 above, and further in view of Hubert et al. (US 2020/0310227 - Hubert).
As to claim 4, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 1, but doesn’t specify the coefficient of linear thermal expansion (CTE) of the glue being 5 ppm/C < c < 400ppm/C.
In the same field of endeavor Hubert teaches glues for lenses and lens assemblies having a CTE of 5 ppm/C < c < 400ppm/C (Hubert Fig. 1 - 104; para. [0027]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such glue since, as taught by Hubert, such glues allow for creating a reliable bond (Hubert para. [0026], [0027]). Additionally, such properties are of known commercial glue materials (Hubert para. [0027] - epoxies from Namics, Dexerials, or Henkel).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao and Zhan as applied to claim 6 above, and further in view of Wu (US 2014/0078606).
As to claim 8, Zhao in view of Zhan teaches all the limitations of the instant invention as detailed above with respect to claim 6, but doesn’t specify the glue material has an opaque property. In the same field of endeavor Wu teaches imaging lenses with glues having an opaque property (Wu Fig. 1; para. [0013]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide opaque glues since, as taught by Wu, such features allow for blocking stray light (Wu para. [0013]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pat/Publication documents: Cited for showing various claimed and disclosed features of the instant application, including air gaps, glued lenses, lens barrels, and annular surfaces accommodating the lenses:
Hubert et al. (US 12,197,110); Jao et al. (US 7,502,183; 2008/0074763); Fiandra et al. (US 4,586,787); Xu (US 2020/0404024); Choi (US 2016/0223776); Wang et al. (WO 2021/168741); Zhang (CN 208044170); Xu (CN 106324949); Watanabe (WO 2012/086350).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky 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.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 August 18, 2026
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