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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 7, 2025 has been considered by the examiner.
Specification
The abstract of the disclosure is objected to because the abstract fails to accurately reflect the claimed subject matter. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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)(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.
Claims 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (U.S. Patent Publication 2012/0300315).
With regard to independent claim 8, Chen et al teaches an optical imaging system (page 1, paragraph [0003] and Figure 7A), comprising: a first lens (page 12, paragraph [0138] and Figure 7A, element 710) comprising a concave image-side surface (page 12, paragraph [0138], line 3 and Figure 7A, element 712); a second lens (page 12, paragraph [0139] and Figure 7A, element 720) comprising a concave image-side surface (page 12, paragraph [0139], line 2 and Figure 7A, element 722); a third lens (page 12, paragraph [0140] and Figure 7A, element 730) comprising a refractive power (page 12, paragraph [0140], lines 1-2); a fourth lens (page 12, paragraph [0141] and Figure 7A, element 740) comprising a refractive power (page 12, paragraph [0141], lines 1-2); and a fifth lens (page 12, paragraph [0142] and Figure 7A, element 750) comprising a refractive power (page 12, paragraph [0142], lines 1-2), wherein the first to the fifth lenses are sequentially disposed from an object side to an imaging plane (Figure 7A), wherein a sign of refractive power of the fourth lens is different from a sign of refractive power of the fifth lens (page 12, paragraphs [0141] and [0142], wherein the refractive power of the fourth lens has positive refractive power (+) and the fifth lens has negative refractive power (-)), wherein a radius of curvature of an image-side surface of the third lens is greater than a radius of curvature of an object-side surface of the fourth lens (page 13, Table 18, wherein a radius of curvature of an image-side surface of the third lens, Curvature Radius data for Surface 7 = 15.021700, a radius of curvature of an object-side surface of the fourth lens, Curvature Radius for Surface 8 = -4.437900, and 15.021700 > -4.437900), and wherein -3.5 < f/f3 < -0.4, where f3 is a focal length of the third lens (page 13, Table 18, wherein f = 3.83, f3 = -6.95 and f/f3 = -0.55).
With regard to dependent claim 9, Chen et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the first lens has a convex object-side surface (page 12, paragraph [0138], line 1 and Figure 7A, element 711).
With regard to dependent claim 10, Chen et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the third lens has a concave object-side surface (page 12, paragraph [0140], lines 2-3 and Figure 7A, element 731).
With regard to dependent claim 11, Chen et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the fourth lens has a concave object-side surface (page 12, paragraph [0141], lines 2-3 and Figure 7A, element 741).
With regard to dependent claim 12, Chen et al teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the fifth lens has a concave image-side surface (page 12, paragraph [0142], line 3 and Figure 7A, element 752).
Claim Rejections - 35 USC § 103
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 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.
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 1-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (U.S. Patent Publication 2017/0108665).
With regard to independent claim 1, although Huang teaches an optical imaging system (page 1, paragraph [0003]), comprising: a first lens (page 9, paragraph [0123] and Figure 3A, element 310) comprising a refractive power (page 9, paragraph [0123], lines 1-2); a second lens (page 9, paragraph [0124] and Figure 3A, element 320) comprising a concave image-side surface (page 9, paragraph [0124], lines 3-4, and Figure 3A, element 322); a third lens (page 9, paragraph [0125] and Figure 3A, element 330) comprising a refractive power (page 9, paragraph [0125], lines 1-2); a fourth lens (page 9, paragraph [0126] and Figure 3A, element 340) comprising a refractive power (page 9, paragraph [0126], lines 1-2); a fifth lens (page 9, paragraph [0127] and Figure 3A, element 350) comprising a refractive power (page 9, paragraph [0127], lines 1-2), and a sixth lens (page 9, paragraph [0128] and Figure 3A, element 360) comprising a refractive power (page 9, paragraph [0128], lines 1-2), wherein the first to the sixth lenses are sequentially disposed from an object side to an imaging plane (Figure 3A), wherein a sign of refractive power of the fourth lens is different from a sign of refractive power of the fifth lens (page 9, paragraphs [0126] and [0127], wherein the fourth lens has positive refractive power (+) and the fifth lens has negative refractive power (-)), wherein a radius of curvature of an object-side surface of the third lens is greater than a radius of curvature of an image-side surface of the sixth lens (page 9, Table 6, wherein a radius of curvature of an object-side surface of the third lens, Curvature Radius data for Surface 6 = -76.923, a radius of curvature of an image-side surface of the sixth lens, Curvature Radius for Surface 13 = -88.339, and -76.923 > -88.339), wherein a radius of curvature of an image-side surface of the third lens is greater than a radius of curvature of an object-side surface of the fourth lens (page 9, Table 6, wherein a radius of curvature of an image-side surface of the third lens, Curvature Radius data for Surface 7 = 22.046, a radius of curvature of an image-side surface of the fourth lens, Curvature Radius for Surface 8 = 13.247, and 22.046 > 13.247), Huang fails to teach such an optical imaging system wherein -3.5 < f/f3 < -0.4, where f3 is a focal length of the third lens. Huang does teach such an optical imaging system wherein f/f3 = -0.4 (page 9, Table 6, wherein f = 10.64, f3 = -26.77 and f/f3 = -0.4), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical imaging system, as taught by Huang, since it has been held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985)).
With regard to dependent claim 2, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the first lens has a convex object-side surface (page 9, paragraph [0123], line 2 and Figure 3A, element 311).
With regard to dependent claim 3, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the first lens has a concave image-side surface (page 9, paragraph [0123], lines 3-4 and Figure 3A, element 312).
With regard to dependent claim 4, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the third lens has a concave object-side surface (page 9, paragraph [0125], lines 2-3 and Figure 3A, element 331).
With regard to dependent claim 5, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the third lens has a concave image-side surface (page 9, paragraph [0125], lines 3-4 and Figure 3A, element 332).
With regard to dependent claim 6, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the fourth lens has a convex object-side surface (page 9, paragraph [0126], lines 2-3 and Figure 3A, element 341).
With regard to dependent claim 7, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 1, and further teaches such an optical imaging system wherein the fifth lens has a concave image-side surface (page 9, paragraph [0127], lines 3-4 and Figure 3A, element 352).
With regard to independent claim 8, although Huang teaches an optical imaging system (page 1, paragraph [0003]), comprising: a first lens (page 9, paragraph [0123] and Figure 3A, element 310) comprising a concave image-side surface (page 9, paragraph [0123], lines 3-4 and Figure 3a, element 312); a second lens (page 9, paragraph [0124] and Figure 3A, element 320) comprising a concave image-side surface (page 9, paragraph [0124], lines 3-4, and Figure 3A, element 322); a third lens (page 9, paragraph [0125] and Figure 3A, element 330) comprising a refractive power (page 9, paragraph [0125], lines 1-2); a fourth lens (page 9, paragraph [0126] and Figure 3A, element 340) comprising a refractive power (page 9, paragraph [0126], lines 1-2); and a fifth lens (page 9, paragraph [0127] and Figure 3A, element 350) comprising a refractive power (page 9, paragraph [0127], lines 1-2), wherein the first to the fifth lenses are sequentially disposed from an object side to an imaging plane (Figure 3A), wherein a sign of refractive power of the fourth lens is different from a sign of refractive power of the fifth lens (page 9, paragraphs [0126] and [0127], wherein the fourth lens has positive refractive power (+) and the fifth lens has negative refractive power (-)), wherein a radius of curvature of an image-side surface of the third lens is greater than a radius of curvature of an object-side surface of the fourth lens (page 9, Table 6, wherein a radius of curvature of an image-side surface of the third lens, Curvature Radius data for Surface 7 = 22.046, a radius of curvature of an image-side surface of the fourth lens, Curvature Radius for Surface 8 = 13.247, and 22.046 > 13.247), Huang fails to teach such an optical imaging system wherein -3.5 < f/f3 < -0.4, where f3 is a focal length of the third lens. Huang does teach such an optical imaging system wherein f/f3 = -0.4 (page 9, Table 6, wherein f = 10.64, f3 = -26.77 and f/f3 = -0.4), such that it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify the optical imaging system, as taught by Huang, since it has been held that a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close (Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985)).
With regard to dependent claim 9, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 8, and further teaches such an optical imaging system wherein the first lens has a convex object-side surface (page 9, paragraph [0123], line 2 and Figure 3A, element 311).
With regard to dependent claim 10, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 8, and further teaches such an optical imaging system wherein the third lens has a concave object-side surface (page 9, paragraph [0125], lines 2-3 and Figure 3A, element 331).
With regard to dependent claim 12, Huang teaches all of the claimed limitations of the instant invention as outlined above with respect to independent claim 8, and further teaches such an optical imaging system wherein the fifth lens has a concave image-side surface (page 9, paragraph [0127], lines 3-4 and Figure 3A, element 352).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fukushima et al (U.S. Patent Number 4,671,626), Chen et al (U.S. Patent Publication 2014/0218583), Huang (U.S. Patent Publication 2015/0029599), Mercado (U.S. Patent Publication 2016/0341934) and Chen et al (U.S. Patent 2018/0059373) all teach optical imaging systems comprising at least five lens elements.
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.
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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.
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/DARRYL J COLLINS/ Primary Examiner, Art Unit 2872
01 September 2026