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 .
Claim Rejections - 35 USC § 112
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.
Claim 1-3 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 claim 1, the claim recites that lens group Gm “includes, in order from object side toward an image side:”… a negative lens element LGmF1; an aspherical negative lens element LGmF2; and at least two additional powered lens elements. Claim 1 then recites “the lens element that is closest to the image side has the negative power,” “the second lens element counted from the image side is a single lens,” and “the third lens elements counted from the image side is a single lens having the negative power.” It is unclear whether these three lens position limitation refer to: a) the lens elements within lens group Gm; or b) the lens elements of the entire imaging optical system. The colon “:” following “lens group Gm… includes, in order from the object side toward an image side” and placement of the disputed limitations immediately after the recited lens elements of Gm indicate that the limitations may refer to lens elements with Gm. However, the claim does not expressly recite “of lens group Gm.” Consequently, the limitations may alternatively be interpreted as identifying the three lens elements closest to the image side of the entire imaging optical system. These interpretations produce materially different claim scopes. For example, in the fifth exemplary embodiment Fig. 13, the lens element closest to the image side within Gm is positive lens L6, whereas the lens element closest to the image side of the entire imaging optical system is negative lens L14. Therefore, it cannot be determined with reasonable certainty which lens elements are required to have the recited powers. Therefore, suggested clarification is required; if applicant intends Gm or if applicant intends the entire system.
Claim 3 is also rejected for similar reason above, additionally, claim 3 subsequently recite “the lens element that is closest to the image side,” “the second lens element counted from the image side,” and “the third lens element counted from the image side.” However, theses recitations lack clear antecedent basis, as second and third lens elements were not declared before.
Claim Rejections - 35 USC § 112
Claims 1-3 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 3 recites, in the context of lens group Gm, that “the lens element that is closest to the image side has the negative power.” The originally filed disclosure does not reasonably convey to one of ordinary skill in the art that the inventor was in possession of a lens group Gm having a negative power lens element at its image side most position. In each of the first through sixth embodiments, the image side most lens element of Gm has positive power. Accordingly, the disclosure does not demonstrate possession of the claimed negative power image side most Gm lens.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 4 and 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamanaka et al. US 2011/0286107 (3rd Embodiment Fig. 9).
Regarding claim 1, Yamanaka teaches an imaging optical system (see Fig. 9 Embodiment 3), comprising a plurality of lens groups in which distances between the lens groups changes during zooming (Fig. 9 and para 0101: G1, G2, G3, G4, and G5, and see also para 0012: “all the lens groups axially move during zooming so as to vary a distance between any pair of the adjacent lens groups”),
wherein a lens group Gm that is closest to an object side among lens groups having negative power includes (Fig. 9 and para 0101: G2 is the first negative group), in order from the object side toward an image side:
a lens element LGmF1 having the negative power (Fig. 9 and para 0103: L4 have negative meniscus lens);
an aspherical lens element LGmF2 having the negative power (para 0103: “The negative meniscus lens L5 in the second lens group G2 is a glass molded aspherical lens having its front surface closer to the object and its rear surface closer to the image filed made aspherical in shape.”); and
at least two additional lens elements having power (para 0103: “a double-convex lens L6, and a negative meniscus lens L7 having its convex surface directed toward the image plane”),
the lens element that is closest to the image side has the negative power (Fig. 9 and para 0103: L7 is the last lens of G2 with negative power),
the second lens element counted from the image side is a single lens (Fig. 9 and para 0103: L6 is an individual lens and counted second from the image side of G2), and
the third lens element counted from the image side is a single lens having the negative power (Fig. 9 and para 0101: L5 is an individual negative lens counted third from the image side of G2).
Regarding claim 2, Yamanaka teaches the imaging optical system according to claim 1, further comprising a lens group Gf located on the image side from the lens group Gm, moving in an optical axis direction during focusing from an infinity focusing state to a proximity focusing state, and the lens group Gf having the negative power(as shown in Fig. 9 and para 0033: G4 is a negative lens group, and located on the image side of G2, and for focusing on from the infinity to a proximal object, the fourth lens group G4 moves toward the image plane).
Regarding claim 4, Yamanaka teaches an imaging optical system (see Fig. 9 Embodiment 3), comprising:
a first lens group located on the most object side and having positive power (Fig. 9 and para 0101: G1 has positive power);
a lens group Gm adjacent to the image side of the first lens group and having negative power (Fig. 9 and para 0101: G2 is the first negative group); and
a lens group Gf located on the image side of the lens group Gm and having the negative power, the lens group Gf moving in an optical axis direction during focusing from an infinity focusing state to a proximity focusing state (as shown in Fig. 9 and para 0033: G4 is a negative lens group, and located on the image side of G2, and for focusing on from the infinity to a proximal object, the fourth lens group G4 moves toward the image plane),
wherein distances between the lens groups change during focusing (para 0033: G4 moves axially between G3 and G5 during focusing),
the first lens group (G1) includes:
a first lens element that is a negative meniscus lens having a convex surface on the object side (para 0102: “lens of a negative meniscus lens piece L1 having its convex surface directed toward the object”); and
a second lens element that is a positive lens element bonded to the surface of image side of the first lens element (para 0102: a double-convex lens piece L2, similarly Fig. 9 depicts L1 and L2 are cemented), or
the first lens group includes:
the first lens element; the second lens element; and a third lens element that is a positive meniscus lens adjacent to the image side of the second lens element, and having a convex surface on the object side,
the lens group Gm (Fig. 9 G2) includes:
a lens element LGmF1 that is a negative meniscus lens having a convex surface on the object side (see para 0103: “a negative meniscus lens L4 having its convex surface directed toward the object”);
an aspherical lens element LGmF2 that is negative meniscus lens adjacent to image side of the lens element LGmF1 (para 0103: “The negative meniscus lens L5 in the second lens group G2 is a glass molded aspherical lens having its front surface closer to the object and its rear surface closer to the image filed made aspherical in shape.”); and
two lens elements having power (para 0103: “a double-convex lens L6, and a negative meniscus lens L7 having its convex surface directed toward the image plane”).
Regarding claim 6, Yamanaka teaches the imaging optical system according to claim 4, wherein the lens element closest to the image side is a single lens element having the negative power (Fig. 9 and para 0103: lens group G2 corresponding to lens group Gm, includes negative lens L4, aspherical negative lens L5, positive lens L6 and negative lens L7, thus L7 is the image side most lens element of G2).
Regarding claim 7, Yamanaka teaches the imaging optical system according to claim 4, wherein the second lens element counted from the image side is a single lens element having positive power (see Fig. 9 and para 0107: L18 is a double convex piece lens).
Regarding claim 8, Yamanaka teaches the imaging optical system according to claim 4, wherein the third lens element counted from the image side is a single lens element having the negative power (see Fig. 9 and para 0103: “a negative meniscus lens L5”).
Claim(s) 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kimura et al. US 2007/0070520
Regarding claim 9, Kimura teaches an imaging optical system (see at least Fig. 1) including a plurality of lens groups (see Fig. 1: G1 and G2) in which distances between the lens groups change during zooming (as shown in Fig. 1: during zooming from Wide angle to telephoto the distance between G1 and G2 are changing), comprising:
a lens group Gm that is closest to an object side among lens groups and having negative power (para 0073: states that G1 have negative power); and
an aperture diaphragm located closer to an image side than the lens group Gm (as shown in Fig. 1: S is an aperture stope, and is closer to the image side then G1),
wherein the lens group Gm includes, in order from the most object side:
a lens element LGmF1 that is a negative meniscus lens having a convex surface on the object side (Table 1, G1 element surfaces 1/2 radii +60.3937/+23.2703, and infers negative meniscus convex toward the object side);
an aspherical lens element LGmF2 that is negative meniscus lens having a convex surface on the object side (Table 1, G1 element surfaces 3/4 radii +35.5/+19.5117, infers negative meniscus lens, and surface 4 is aspherical);
a negative lens element in which the surface on the object side has a concave shape (Table 1, G1 element, surfaces 8/9 radii -67.9930/+48.0626, is a biconcave means it is negative lens, and object side is concave shape); and
a positive lens element in which the surface on the object side has a convex shape (Table 1, G1 element, surfaces 10/11 radii +48.4880/-181.2948, infers biconvex lens means it is positive lens, and object side is convex shape),
the second lens element counted from the image side in the imaging optical system is a negative lens element having concave shape in the surface on the image side (Table 1, G2 element, surfaces 25/26 radii +1336.7107/+20.3824, it is negative meniscus lens, its images side is concave), and
the third lens element counted from the image side in the imaging optical system is a positive biconvex lens (Table 1, G2 element, surfaces 23/24 radii +16.4317/-53.0, is a biconvex lens, which it is a positive lens).
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.
Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka et al. US 2011/0286107 (3rd Embodiment Fig. 9) in view of Ito US 2010/0214658.
Regarding claim 3, Yamanaka teaches an imaging optical system (see Fig. 9 Embodiment 3), comprising four or more lens groups in which distances between the lens groups changes during zooming (Fig. 9 and para 0101: G1, G2, G3, G4, and G5, and see also para 0012: “all the lens groups axially move during zooming so as to vary a distance between any pair of the adjacent lens groups”),
wherein a lens group Gm that is closest to an object side among lens groups having negative power includes (Fig. 9 and para 0101: G2 is the first negative group), in order from the object side toward an image side:
a lens element LGmF1 having the negative power (Fig. 9 and para 0103: L4 have negative meniscus lens);
an aspherical lens element LGmF2 having the negative power (para 0103: “The negative meniscus lens L5 in the second lens group G2 is a glass molded aspherical lens having its front surface closer to the object and its rear surface closer to the image filed made aspherical in shape.”); and
at least two additional lens elements having power (para 0103: “a double-convex lens L6, and a negative meniscus lens L7 having its convex surface directed toward the image plane”),
the lens element that is closest to the image side has the negative power (Fig. 9 and para 0103: L7 is the last lens of G2 with negative power),
the second lens element counted from the image side is a single lens (Fig. 9 and para 0103: L6 is an individual lens and counted second from the image side of G2),
the third lens element counted from the image side is a single lens having the negative power (Fig. 9 and para 0101: L5 is an individual negative lens counted third from the image side of G2).
Yamanaka fails to teach: during zooming from a wide-angle end to a telephoto end in imaging, a distance between the lens group closest to the image side and an image plane remains unchanged.
Ito teaches five group zoom lens in which the fifth lens group G5 is fixed during zooming, which the back focus distance between G5 and image plane I remain constant (see para 0082). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure Yamanaka’s Gm to remain fixed relative to the image plane during zooming, as taught by Ito to facilitate a compact lens barrel and maintain a constant overall lens length.
Regarding claim 5, Yamanaka teaches the imaging optical system according to claim 4, except for wherein during zooming from a wide-angle end to a telephoto end in imaging, a distance between the lens group closest to the image side and an image plane remains unchanged.
Ito teaches five group zoom lens in which the fifth lens group G5 is fixed during zooming, which the back focus distance between G5 and image plane I remain constant (see para 0082). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure Yamanaka’s Gm to remain fixed relative to the image plane during zooming, as taught by Ito to facilitate a compact lens barrel and maintain a constant overall lens length.
Conclusion
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/EPHREM Z MEBRAHTU/ Primary Examiner, Art Unit 2872
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