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 .
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
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Claims 1, 13 are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,235,410 (US 12,235,410 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the patent claim an optical lens assembly, comprising, from an object side to an image side: at least four optical lens elements; wherein at least one of the at least four optical lens elements comprise an anti-reflective coating, the anti-reflective coating is arranged on an object-side surface or an image-side surface of the at least one optical lens element comprising the anti-reflective coating, the anti-reflective coating comprises at least one coating layer, one of the at least one coating layer at the outer of the anti-reflective coating is made of metal oxide, the anti-reflective coating comprises a plurality of holes, and sizes of the plurality of holes adjacent to the outer of the anti-reflective coating are larger than sizes of the plurality of holes adjacent to the inner of the anti-reflective coating. The only difference between the instant application and the patent is having at least one optical lens element comprising the anti-reflective coating is made of a plastic material and a second anti-reflective coating arranging factor of the optical lens assembly is Far2, and the following condition is satisfied: 0.200≤Far2 and a total thickness of coating layers of the anti-reflective coating is tTk, a second anti-reflective coating arranging factor of the optical lens assembly is Far2, and the following conditions are satisfied: 200nm<tTk≤600nm;and0.1≤Far2. Having at least one optical lens element comprising the anti-reflective coating is made of a plastic material and a second anti-reflective coating arranging factor of the optical lens assembly is Far2, and the following condition is satisfied: 0.200≤Far2 and a total thickness of coating layers of the anti-reflective coating is tTk, a second anti-reflective coating arranging factor of the optical lens assembly is Far2, and the following conditions are satisfied: 200nm<tTk≤600nm;and0.1≤Far2 is well known in the art and would have been obvious.
Allowable Subject Matter
Claims 1-19 will be allowed if earlier non-statutory double patenting rejection is successfully overcome.
As of claim 1, the closest prior art Voelker (US 20210067713 A1) teaches a lens system 1 that is part of a camera objective (objective 2, for short). The lens system 1 includes a plurality of optical lenses 4 (for the sake of clarity, at least in FIG. 1 not all lenses are provided with reference signs) that are made from mineral glass, specifically in part from different types of glass (in an alternative exemplary embodiment, at least in part also from transparent plastic). The lenses 4 are here arranged along an optical axis 6 and are used to form a beam path 8 for light rays 12 that are incident from an object side 10. The light rays 12 are refracted by the individual lenses 4 and then imaged on an image side 14 onto an image plane 16, in this case in a focused manner. If the objective 2 is mounted to a camera, a film or an image sensor, in each case arranged in the image plane 16, is exposed here. For focusing the light rays 12 at the image plane 16, the lens system 1 has a focus group 18, specifically formed in FIG. 1 by two lenses 4 cemented together, which are arranged displaceable relative to a “front group” 20 which is formed by the lenses 4 arranged on the object side. A corresponding mount of the objective 2 for the lenses 4 and adjustment means, and an outer housing are not illustrated in detail. The lenses 4 that are arranged following the front group 20 on the image side—including the focus group 18 are referred to as back group 22. In the exemplary embodiment shown in FIG. 1, a coma stop 26 is arranged in an air gap 24, which is variable due to the adjustability of the focus group 18, between the front group 20 and the back group 22. The focus group 18 is followed on the image side by an adjustable stop that is referred to as the “system stop 28”. Voelker does not anticipate or render obvious, alone or in combination, at least one optical lens element comprising the anti-reflective coating is made of a plastic material, the anti-reflective coating is arranged on an object-side surface or an image-side surface of the at least one optical lens element comprising the anti-reflective coating, the anti-reflective coating comprises at least one coating layer, one of the at least one coating layer at the outer of the anti-reflective coating is made of metal oxide, the anti-reflective coating comprises a plurality of holes, and sizes of the plurality of holes adjacent to the outer of the anti-reflective coating are larger than sizes of the plurality of holes adjacent to the inner of the anti-reflective coating; wherein a second anti-reflective coating arranging factor of the optical lens assembly is Far2, and the following condition is satisfied: 0.200≤Far2.
Claims 2-12 are allowed as being dependent on claim 1.
As of claim 13, the closest prior art Voelker (US 20210067713 A1) teaches a lens system 1 that is part of a camera objective (objective 2, for short). The lens system 1 includes a plurality of optical lenses 4 (for the sake of clarity, at least in FIG. 1 not all lenses are provided with reference signs) that are made from mineral glass, specifically in part from different types of glass (in an alternative exemplary embodiment, at least in part also from transparent plastic). The lenses 4 are here arranged along an optical axis 6 and are used to form a beam path 8 for light rays 12 that are incident from an object side 10. The light rays 12 are refracted by the individual lenses 4 and then imaged on an image side 14 onto an image plane 16, in this case in a focused manner. If the objective 2 is mounted to a camera, a film or an image sensor, in each case arranged in the image plane 16, is exposed here. For focusing the light rays 12 at the image plane 16, the lens system 1 has a focus group 18, specifically formed in FIG. 1 by two lenses 4 cemented together, which are arranged displaceable relative to a “front group” 20 which is formed by the lenses 4 arranged on the object side. A corresponding mount of the objective 2 for the lenses 4 and adjustment means, and an outer housing are not illustrated in detail. The lenses 4 that are arranged following the front group 20 on the image side—including the focus group 18 are referred to as back group 22. In the exemplary embodiment shown in FIG. 1, a coma stop 26 is arranged in an air gap 24, which is variable due to the adjustability of the focus group 18, between the front group 20 and the back group 22. The focus group 18 is followed on the image side by an adjustable stop that is referred to as the “system stop 28”. Voelker does not anticipate or render obvious, alone or in combination, the anti-reflective coating is arranged on an object-side surface or an image-side surface of the at least one optical lens element comprising the anti-reflective coating, the anti-reflective coating comprises at least one coating layer, one of the at least one coating layer at the outer of the anti-reflective coating is made of metal oxide, the anti-reflective coating comprises a plurality of holes, and sizes of the plurality of holes adjacent to the outer of the anti-reflective coating are larger than sizes of the plurality of holes adjacent to the inner of the anti-reflective coating; wherein a total thickness of coating layers of the anti-reflective coating is tTk, a second anti-reflective coating arranging factor of the optical lens assembly is Far2, and the following conditions are satisfied: 200nm<tTk≤600nm;and0.1≤Far2.
Claims 14-19 are allowed as being dependent on claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- Prior Art CHANG et al. (US 20220163710 A1) teaches an optical lens assembly which includes at least three optical lens elements. At least one of the optical lens elements includes an infrared filtering coating, the optical lens element including the infrared filtering coating is made of a plastic material, the infrared filtering coating is arranged on an object-side surface or an image-side surface of the optical lens element, a surface of the optical lens element including the infrared filtering coating is aspheric, and the infrared filtering coating includes at least two different refractive indices. At least one of the optical lens elements includes a long-wavelength absorbing material, and the optical lens element including the long-wavelength absorbing material is made of a plastic material;
- Prior Art SASHIMA et al. (US 20210231928 A1) teaches an optical system comprises a first lens group having positive refractive power, a second lens group having positive refractive power, and a third lens group having negative refractive power, arranged in order from an object side. When focusing, the second lens group moves along an optical axis. The optical system satisfies the following conditional expressions 0.100<BFa/f<0.500 and −5.000<(−G1R1)/f<500.000, where BFa is an air equivalent distance on the optical axis from a lens surface on an image side to an image surface for the lens disposed farthest on the image side in the optical system,
f is a focal length of the optical system, and G1R1 is a radius of curvature of the lens surface on the object side for a lens component disposed farthest on the object side in the first lens group.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTAN U. CHOWDHURY whose telephone number is (571)270-3336. The examiner can normally be reached on 5:30 AM-5:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SULTAN CHOWDHURY/
Primary Examiner, Art Unit 2882
Prosecution Insights