Prosecution Insights
Last updated: October 02, 2026
Application No. 19/026,324

VARIABLE MAGNIFICATION OPTICAL SYSTEM, OPTICAL APPARATUS, AND METHOD FOR PRODUCING VARIABLE MAGNIFICATION OPTICAL SYSTEM

Non-Final OA §102§DOUBLEPATENT
Filed
Jan 16, 2025
Priority
Sep 11, 2017 — nonprovisional of PCTJP2017032693 +3 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
4m
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

§102 §DOUBLEPATENT
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on January 16, 2025 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)(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 15, 21, 25, 26 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (U.S. Patent Publication 2015/0152548). With regard to independent claim 15, Kim et al teaches a variable magnification optical system (page 1, paragraph [0003] and Figure 3) comprising, in order from an object side, a first (Figure 3, element G1) lens group having positive refractive power (page 1, paragraph [0009], line 3), a second lens group (Figure 3, element G2) having negative refractive power (page 1, paragraph [0009], lines 3-4), a third lens group (Figure 3, element G3) having positive refractive power (page 1, paragraph [0009], lines 4-5), and a rear lens group (Figure 3, element G4) having positive refractive power (page 1, paragraph [0009], lines 5-6) ; upon varying a magnification, a distance between said first lens group and said second lens group being varied (page 1, paragraph [0017], lines 1-3), a distance between said second lens group and said third lens group being varied (page 1, paragraph [0017], lines 3-4), and a distance between said third lens group and said rear lens group being varied (page 1, paragraph [0017], lines 4-5); said rear lens group comprising a focusing lens group which is moved upon carrying out focusing (page 1, paragraph [0018]); and the following conditional expressions being satisfied: 2.00 <fl/fw < 8.000 (page 10, Table 33, expression (7), Embodiment 2, wherein f1/fw = 5.604) and 0.100 < BFw/fw < 1.00 (page 5, Table 8, wherein BFw = 4.44; fw = 4.87 and BFw/fw = 0.91), where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, and BFw denotes a back focus of said variable magnification optical system in the wide angle end state. With regard to dependent claim 21, Kim et al teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: nd3fp < 1.800 where nd3fp denotes refractive index of a lens having the largest refractive index in the third lens group (page 5, Table 5, nd data for Surface 13, wherein nd3fp = 1.7847003). With regard to dependent claim 25, Kim et al teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 0.300 <fF/ft < 1.400 where fF denotes a focal length of the focusing lens group, and ft denotes a focal length of the variable magnification optical system in the telephoto end state (page 5, Table 5 data for Surfaces 15 and 16; Table 7, EFL Telephoto position data; and page 10, Table 33, Expression (9), embodiment 2, wherein fT = 17.81; ft = 41.93; and fT/ft = 0.42). With regard to dependent claim 26, Kim et al teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 40.00° < ωw < 85.00° where ωw denotes a half angle of view of the variable magnification optical system in the telephoto end state (page 5, Table 8, ANG data for Wide angle position, wherein ωw = 40.37°. With regard to dependent claim 28, Kim et al teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches an optical apparatus comprising such a variable magnification optical system (page 10, paragraph [0108]). 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. Claims 15, 16, 18, 19, 25 and 28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Machida (U.S. Patent Publication 2018/0356618). The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. With regard to independent claim 15, Machida teaches a variable magnification optical system comprising (page 1, paragraph [0004] and Figure 1), in order from an object side, a first lens group (Figure 1, element G1) having positive refractive power (page 2, paragraph [0045], lines 6-7), a second lens group (Figure 1, element G2) having negative refractive power (page 2, paragraph [0045], lines 7-9), a third lens group (Figure 1, element G3) having positive refractive power (page 2, paragraph [0045], lines 9-11), and a rear lens group (Figure 1, elements G4 and G5) having positive refractive power (pages 6 and 7, Table 1, wherein the composite focal length of G4 and G5 is positive); upon varying a magnification, a distance between said first lens group and said second lens group being varied (page 7, Table 1, d5 data), a distance between said second lens group and said third lens group being varied (page 7, Table 1, d12 data), and a distance between said third lens group and said rear lens group being varied (page 7, Table 1, d18 data); said rear lens group comprising a focusing lens group which is moved upon carrying out focusing (page 2, paragraph [0045], lines 20-21); and the following conditional expressions being satisfied: 2.00 <fl/fw < 8.000 (page 7, Table 1, Focal length data for G1 and f data, wherein f1 = 169.064; fw = 72.1; and f1/fw = 2.34) and 0.100 < BFw/fw < 1.00 (page 7, Table 1, BF data and f data wherein BFw = 38.31; fw = 72.1; and BFw/fw = 0.53) where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, and BFw denotes a back focus of said variable magnification optical system in the wide angle end state. With regard to dependent claim 16, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: -1.00 < f3f/f3r< -0.0500 where f3r denotes a focal length of a most image plane side negative lens component in said third lens group, and f3f denotes a composite focal length of lens components disposed on a side which is closer to the object than said most image side negative lens component, in said third lens group (pages 6 and 7, data for surfaces 13-17, wherein f3r = -47.07; f3f = 49.16 and f3f/f3r = -0.548). With regard to dependent claim 18, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches such a variable magnification optical system wherein the rear lens group comprises a fourth lens group (Figure 1, element G4) having positive refractive power (page 6, paragraph [0104], lines 10-11), and a fifth lens group (Figure 1, element G5) having negative refractive power (page 6, paragraph [0104], lines 11-12), and the following conditional expression is satisfied: -3.000 < f5/f3 < -0.500 where f3 denotes a focal length of the third lens group, and f5 denotes a focal length of the fifth lens group (page 7, Table 1, wherein f5 = -52.611; f3 = 50.436; and f5/f3 = -1.04). With regard to dependent claim 19, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 18 above, and further teaches such a variable magnification optical system wherein said fourth lens group comprises said focusing lens group (page 2, paragraph [0045], lines 20-21). With regard to dependent claim 25, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches such a variable magnification optical system wherein the following conditional expression is satisfied: 0.300 <fF/ft < 1.400 where fF denotes a focal length of the focusing lens group, and ft denotes a focal length of the variable magnification optical system in the telephoto end state (page 7, Table 1, wherein fF = f4 = 100.808; ft = 292.0; and fF/ft = 0.345). With regard to dependent claim 28, Machida teaches all of the claimed limitations of the instant invention as outlined above with respect to claim 15 above, and further teaches an optical apparatus comprising such a variable magnification optical system (page 5, paragraph [0091]). 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 15 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent Number 11,106,023. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim a variable magnification optical system as outlined below: U.S. Patent Application 19/026324 U.S. Patent Number 11,106,023 Claim 15 A variable magnification optical system comprising, in order from an object side, a first lens group having positive refractive power, a second lens group having negative refractive power, a third lens group having positive refractive power, and a rear lens group having positive refractive power; upon varying a magnification, a distance between said first lens group and said second lens group being varied, a distance between said second lens group and said third lens group being varied, and a distance between said third lens group and said rear lens group being varied; said rear lens group comprising a focusing lens group which is moved upon carrying out focusing; and the following conditional expressions being satisfied: 2.00 <fl/fw < 8.000 [and] 0.100 < BFw/fw < 1.00 where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, and BFw denotes a back focus of said variable magnification optical system in the wide angle end state. Claim 16 A variable magnification optical system according to claim 15, wherein the following conditional expression is satisfied: -1.00 < f3f/f3r< -0.0500 where f3r denotes a focal length of a most image plane side negative lens component in said third lens group, and f3f denotes a composite focal length of lens components disposed on a side which is closer to the object than said most image side negative lens component, in said third lens group. Claim 1 A variable magnification optical system comprises, in order from an object side, a first lens group having positive refractive power, a second lens group having negative refractive power, a third lens group having positive refractive power, and a rear lens group having positive refractive power; upon varying a magnification, a distance between said first lens group and said second lens group being varied, a distance between said second lens group and said third lens group being varied, and a distance between said third lens group and said rear lens group being varied; said rear lens group comprising a focusing lens group which is moved upon carrying out focusing; and the following conditional expressions being satisfied: −1.00<f3f/f3r<−0.0500 [and] 0.100<BFw/fw<1.00 where f3f denotes a focal length of a most image plane side negative lens component in said third lens group; f3r denotes a composite focal length of lens components disposed on a side which is closer to the object than said most image side negative lens component, in said third lens group; BFw denotes a back focus of said variable magnification optical system in a wide angle end state; and fw denotes a focal length of said variable magnification optical system in the wide angle end state. Claim 2 A variable magnification optical system according to claim 1, wherein the following conditional expression is satisfied: 2.00<f1/fw<8.000 where f1 denotes a focal length of the first lens group, and fw denotes a focal length of the variable magnification optical system in the wide angle end state. Claims 15, 18, 20, 21, 23, 26 and 28 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7-9 and 11 of U.S. Patent Number 11,106,023. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim a variable magnification optical system as outlined below: U.S. Patent Application 19/026324 U.S. Patent Number 11,933,951 Claim 15 A variable magnification optical system comprising, in order from an object side, a first lens group having positive refractive power, a second lens group having negative refractive power, a third lens group having positive refractive power, and a rear lens group having positive refractive power; upon varying a magnification, a distance between said first lens group and said second lens group being varied, a distance between said second lens group and said third lens group being varied, and a distance between said third lens group and said rear lens group being varied; said rear lens group comprising a focusing lens group which is moved upon carrying out focusing; and the following conditional expressions being satisfied: 2.00 <fl/fw < 8.000 [and] 0.100 < BFw/fw < 1.00 where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, and BFw denotes a back focus of said variable magnification optical system in the wide angle end state. Claim 18 A variable magnification optical system according to claim 15, wherein the rear lens group comprises a fourth lens group having positive refractive power, and a fifth lens group having negative refractive power, and the following conditional expression is satisfied: -3.000 < f5/f3 < -0.500 where f3 denotes a focal length of the third lens group, and f5 denotes a focal length of the fifth lens group. Claim 1 A variable magnification optical system comprising, in order from an object side, a first lens group having positive refractive power, a second lens group having negative refractive power, a third lens group having positive refractive power, and a rear lens group having positive refractive power; the rear lens group comprising, in order from the object side, a fourth lens group having positive refractive power and a fifth lens group having negative refractive power; upon varying a magnification, a distance between the first lens group and the second lens group being varied, a distance between the second lens group and the third lens group being varied, a distance between the third lens group and the fourth lens group being varied, and a distance between the fourth lens group and the fifth lens group being varied; the rear lens group comprising a focusing lens group which is moved upon carrying out focusing; the fifth lens group consisting of one lens component constituted by a single lens or a cemented lens composed of a plurality of lenses cemented together; and the following conditional expressions being satisfied: 4.00<f1/fw<6.500 0.100<BFw/fw<1.00 −3.000<f5/f3<−0.500 where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, BFw denotes a back focus of the variable magnification optical system in the wide angle end state, f3 denotes a focal length of the third lens group, and f5 denotes a focal length of the fifth lens group. Claim 20 A variable magnification optical system according to claim 15, wherein the following conditional expression is satisfied: 4.000 <fl/flRw < 9.000 where f1 denotes a focal length of the first lens group, and f1Rw denotes a composite focal length of lens groups in the wide angle end state disposed on the side which is closer to the image plane than the first lens group. Claim 2 A variable magnification optical system according to claim 1, wherein the following conditional expression is satisfied: 4.000<f1/f1Rw<9.000 where f1 denotes a focal length of the first lens group, and f1Rw denotes a composite focal length of all of the lens groups in the wide angle end state disposed on the side which is closer to the image plane than the first lens group. Claim 21 A variable magnification optical system according to claim 15, wherein the following conditional expression is satisfied: nd3fp < 1.800 where nd3fp denotes refractive index of a lens having the largest refractive index in the third lens group. Claim 3 A variable magnification optical system according to claim 2, wherein the following conditional expression is satisfied: nd3fp<1.800 where nd3fp denotes refractive index of a lens having the largest refractive index in the third lens group. Claim 26 A variable magnification optical system according to claim 15, wherein the following conditional expression is satisfied: 40.00°<ωw<85.00° where ωw denotes a half angle of view of the variable magnification optical system in the telephoto end state. Claim 4 A variable magnification optical system according to claim 3, wherein the following conditional expression is satisfied: 40.00°<ωw<85.00° where ωw denotes a half angle of view of the variable magnification optical system in the telephoto end state. Claim 28 An optical apparatus comprising a variable magnification optical system according to claim 15. Claim 5 An optical apparatus comprising a variable magnification optical system according to claim 1. Claim 15 A variable magnification optical system comprising, in order from an object side, a first lens group having positive refractive power, a second lens group having negative refractive power, a third lens group having positive refractive power, and a rear lens group having positive refractive power; upon varying a magnification, a distance between said first lens group and said second lens group being varied, a distance between said second lens group and said third lens group being varied, and a distance between said third lens group and said rear lens group being varied; said rear lens group comprising a focusing lens group which is moved upon carrying out focusing; and the following conditional expressions being satisfied: 2.00 <fl/fw < 8.000 [and] 0.100 < BFw/fw < 1.00 where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, and BFw denotes a back focus of said variable magnification optical system in the wide angle end state. Claim 18 A variable magnification optical system according to claim 15, wherein the rear lens group comprises a fourth lens group having positive refractive power, and a fifth lens group having negative refractive power, and the following conditional expression is satisfied: -3.000 < f5/f3 < -0.500 where f3 denotes a focal length of the third lens group, and f5 denotes a focal length of the fifth lens group. Claim 7 A variable magnification optical system comprises, in order from an object side, a first lens group having positive refractive power, a second lens group having negative refractive power, a third lens group having positive refractive power, and a rear lens group having positive refractive power; the rear lens group comprising, in order from the object side, a fourth lens group having positive refractive power and a fifth lens group having negative refractive power; upon varying a magnification, a distance between the first lens group and the second lens group being varied, a distance between the second lens group and the third lens group being varied, and a distance between the third lens group and the fourth lens group being varied, and a distance between the fourth lens group and the fifth lens group being varied; the rear lens group comprising a focusing lens group which is moved upon carrying out focusing; the fifth lens group consisting of one lens component constituted by a single lens or a cemented lens composed of a plurality of lenses cemented together; and the following conditional expressions being satisfied: 2.00<f1/fw<6.500 0.100<BFw/fw<0.91 −3.000<f5/f3<−0.500 where f1 denotes a focal length of the first lens group, fw denotes a focal length of the variable magnification optical system in a wide angle end state, BFw denotes a back focus of the variable magnification optical system in the wide angle end state, f3 denotes a focal length of the third lens group, and f5 denotes a focal length of the fifth lens group. Claim 23 A variable magnification optical system according to claim 15, wherein the following conditional expression is satisfied: 0.500< 1/ βRw < 1.000 where βRw denotes a transverse magnification of a lens group disposed at the most image plane side in the wide angle end state. Claim 8 A variable magnification optical system according to claim 7, wherein the following conditional expression is satisfied: 0.500<1/βRw<1.000 where βRw denotes a transverse magnification of lens group disposed at the most image plane side in the wide angle end state. Claim 20 A variable magnification optical system according to claim 15, wherein the following conditional expression is satisfied: 4.000 <fl/flRw < 9.000 where f1 denotes a focal length of the first lens group, and f1Rw denotes a composite focal length of lens groups in the wide angle end state disposed on the side which is closer to the image plane than the first lens group. Claim 9 A variable magnification optical system according to claim 7, wherein the following conditional expression is satisfied: 4.000<f1/f1Rw<9.000 where f1 denotes a focal length of the first lens group, and f1Rw denotes a composite focal length of all of the lens groups in the wide angle end state disposed on the side which is closer to the image plane than the first lens group. Claim 28 An optical apparatus comprising a variable magnification optical system according to claim 15. Claim 11 An optical apparatus comprising a variable magnification optical system according to claim 7. Allowable Subject Matter Claims 17, 22, 24 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art taken either singularly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 U.S.C. §102 or §103 would be proper. Although the Kim et al (U.S. Patent Publication 2015/0152548) and Machida (U.S. Patent Publication 2018/0356618) teach a variable magnification optical system, as outlined above, both fail to teach such a variable magnification optical system: simultaneously satisfying the conditional expression 0.040<βFw < 0.800, as defined and claimed in dependent claim 17; simultaneously satisfying the conditional expression 50.000 < νd3p, as defined and claimed in dependent claim 22; simultaneously satisfying the conditional expression 0.500 < f2fn/f2 < 1.100, as defined and claimed in dependent claim 24; or wherein the rear lens group is composed of, in order from an object side, a fourth lens group having negative refractive power, and a fifth lens group having positive refractive power, upon varying a magnification, a distance between said fourth lens group and said fifth lens group is varied, said first lens group comprises, in order from the object side, a negative lens and a positive lens, said second lens group comprises, in order from the object side, a negative lens, a negative lens and a positive lens, said third lens group comprises a positive lens disposed at the most object side and a positive lens disposed at the most image plane side, said fourth lens group comprises, in order from the object side, a negative lens and a positive lens, and said fifth lens group comprises a positive lens disposed at the most object side and a positive lens disposed at the most image plane side, as claimed in dependent claim 27. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Iwamoto (U.S. Patent Publication 2018/0348481), Machida (U.S. Patent Publication 2018/0341092), Shibata et al (U.S. Patent Publication 2017/0261728) and Ogata et al (U.S. Patent Publication 2014/0218808) all teach variable magnification optical systems comprising a first lens group, a second lens group, a third lens group and a rear lens group. 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 14 September 2026
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Prosecution Timeline

Jan 16, 2025
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §102, §DOUBLEPATENT (current)

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1-2
Expected OA Rounds
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Grant Probability
94%
With Interview (+4.9%)
2y 0m (~4m remaining)
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