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 statements (IDS) submitted on January 23, 2025, April 17, 2026 and May 29, 2026 comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The extensive drawings have not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the drawings.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
(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 1-2 and 4-7 are rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Katayose US Patent Application Publication 2019/0265441.
Regarding claim 1 Katayose discloses an imaging lens (title e.g. examples 1-4 see figures 1, 3, 5 & 7 optical system L0) comprising, in consecutive order from a position closest to an object side to an image side: a first lens that is a positive lens (e.g. positive lens G1) having a convex surface facing toward the object side (see figures 1, 3, 5 & 7), a second lens that is a negative lens (e.g. negative lens G2) having a concave surface facing toward the image side (see figures 1, 3, 5 & 7), a third lens that is a positive lens (e.g. positive lens G3) having a convex surface facing toward the object side (see figures 1, 3, 5 & 7), a fourth lens that is a negative lens (e.g. negative lens G4), a fifth lens that has a refractive power (e.g. negative lens G5), a sixth lens that has a refractive power (e.g. positive lens G6), a stop (e.g. aperture stop SP), a cemented lens (paragraph [0065} “a cemented lens obtained by cementing a positive lens G7 and a negative lens G8”), in which a positive lens (e.g. G7) and a negative lens (e.g. G8) are cemented in this order from the object side to the image side (see figures 1, 3, 5 & 7), a ninth lens that is a positive lens (e.g. positive lens G9), a tenth lens that is a positive lens (e.g. positive lens G11), a eleventh lens that is a positive lens (e.g. positive lens G12), and a twelfth lens that is a negative lens (e.g. negative lens G13), wherein the imaging lens is a fixed focal point optical system (e.g. tables in paragraphs [0071-74] disclose each example has a single focal length).
Regarding claim 2 Katayose discloses the imaging lens according to claim 1, as set forth above. Katayose further discloses wherein the negative lens (e.g. G8) in the cemented lens is a biconcave lens (see figures 1, 3 & 7).
Regarding claim 4 Katayose discloses the imaging lens according to claim 1, as set forth above. Katayose further discloses wherein the Conditional Expression 0.1<Bf/f<1.2 is satisfied (e.g. using the values in the tables in paragraphs [0071-74] Bf/f=0.27, 0.29, 0.29 & 0.27, respectively).
Regarding claim 5 Katayose discloses the imaging lens according to claim 4, as set forth above. Katayose further discloses wherein Conditional Expression 0.1<Bf/f≤0.388 is satisfied (e.g. using the values in the tables in paragraphs [0071-74] Bf/f=0.27, 0.29, 0.29 & 0.27, respectively).
Regarding claim 6 Katayose discloses the imaging lens according to claim 1, as set forth above. Katayose further discloses wherein Conditional Expression 0.3<StI/TTL<0.85 is satisfied (e.g. using the values in the tables in paragraphs [0071-74] StI/TTL=0.68, 0.66, 0.65 & 0.67, respectively).
Regarding claim 7 Katayose further disclose an imaging apparatus (title e.g. see figure 9) comprising: the imaging lens (paragraph [0067] “image pickup apparatus includes… an optical system 31 described in any one of Examples 1 to 4”) according to claim 1 (as set forth above); and an imaging element configured to output a captured image signal based on a subject image which is formed by the imaging lens (paragraph [0067] “An image pickup element (photoelectric conversion element), such as CCD sensor, a CMOS sensor or the like, which is configured to receive light of an object image formed by the optical system 31”).
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1 & 2) as being anticipated by Iwamoto US Patent Application Publication 2020/0341248.
Regarding claim 1 Iwamoto discloses an imaging lens (title e.g. example 2 see figure 4 optical system 1b) comprising, in consecutive order from a position closest to an object side to an image side: a first lens that is a positive lens having a convex surface facing toward the object side (see annotated figure A below), a second lens that is a negative lens having a concave surface facing toward the image side (see annotated figure A below), a third lens that is a positive lens having a convex surface facing toward the object side (see annotated figure A below), a fourth lens that is a negative lens (see annotated figure A below), a fifth lens that has a refractive power (see annotated figure A below), a sixth lens that has a refractive power (see annotated figure A below), a stop (e.g. aperture stop SP), a cemented lens (e.g. cemented lens LA), in which a positive lens (e.g. positive lens LAP) and a negative lens (e.g. negative lens LAN) are cemented in this order from the object side to the image side (see figure 4), a ninth lens that is a positive lens (see annotated figure A below), a tenth lens that is a positive lens (see annotated figure A below), a eleventh lens that is a positive lens (see annotated figure A below), and a twelfth lens that is a negative lens (see annotated figure A below), wherein the imaging lens is a fixed focal point optical system (e.g. table in paragraph [0057] discloses example has a single focal length).
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Figure A. Annotated figure 4
Regarding claim 2 Iwamoto discloses the imaging lens according to claim 1, as set forth above. Iwamoto further discloses wherein the negative lens (e.g. LAN) in the cemented lens is a biconcave lens (e.g. radius of curvatures in paragraph [0057] indicates LAN is biconcave).
Regarding claim 3 Iwamoto discloses the imaging lens according to claim 1, as set forth above. Iwamoto further discloses wherein the negative lens (e.g. LAN) in the cemented lens is a biconcave lens (e.g. radius of curvatures in paragraph [0057] indicates LAN is biconcave), the ninth lens is not cemented (e.g. paragraph [0057] indicates an air space on both sides of said lens, see annotated figure A above), the tenth lens is not cemented (e.g. paragraph [0057] indicates an air space on both sides of said lens, see annotated figure A above), the eleventh lens and the twelfth lens are cemented each other (e.g. paragraph [0057] indicates an no space between said lenses, see annotated figure A above), and the twelfth lens is a biconcave lens (e.g. radius of curvatures in paragraph [0057] indicates LAN is biconcave, see annotated figure A above).
Regarding claim 4 Iwamoto discloses the imaging lens according to claim 1, as set forth above. Iwamoto further discloses wherein Conditional Expression 0.1<Bf/f<1.2 is satisfied (e.g. using the values in paragraph [0057] Bf/f=0.23).
Regarding claim 5 Iwamoto discloses the imaging lens according to claim 4, as set forth above. Iwamoto further discloses wherein Conditional Expression 0.1<Bf/f≤0.388 is satisfied (e.g. using the values in paragraph [0057] Bf/f=0.23).
Regarding claim 6 Iwamoto discloses the imaging lens according to claim 1, as set forth above. Iwamoto further discloses wherein Conditional Expression 0.3<StI/TTL<0.85 is satisfied (e.g. using the values in paragraph [0057] StI/TTL=0.69).
Regarding claim 7 Iwamoto further discloses an imaging apparatus (title e.g. figure 16 imaging apparatus 10) comprising: the imaging lens (e.g. imaging optical system 11) according to claim 1 (paragraph [0062] “11 denotes an imaging optical system including any of the optical systems described in Examples 1 to 5” e.g. example 2 as set forth above); and an imaging element (e.g. image sensor 12) configured to output a captured image signal based on a subject image which is formed by the imaging lens (paragraph [0062] “12 denotes an image sensor (photoelectric conversion element) such as a CCD sensor and a CMOS sensor that receives an optical image formed by the imaging optical system 11 and performs a photoelectric conversion”).
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 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,803,030. Although the claims at issue are not identical, they are not patentably distinct from each other because the devices claimed in ‘496 the instant application are coextensive such that there exist devices which could simultaneously be claimed under both. In the instant application claims 1-7 are directed to examples 4-6. In ‘030 the numerical examples 1-3 are identical to the instant application examples 4-6, respectively. Since ‘030 and the instant application are cover identical devices (including examples 4-6), which would open the application to unjustified or improper timewise extension of the “right to exclude” granted by a patent and possible harassment by multiple assignees.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,242,133. Although the claims at issue are not identical, they are not patentably distinct from each other because the devices claimed in ‘133 the instant application are coextensive such that there exist devices which could simultaneously be claimed under both. In the instant application claims 1-7 are directed to examples 4-6. In ‘133 the numerical examples 4-6 are identical to the instant application examples 4-6, respectively. Since ‘133 and the instant application are cover identical devices (including examples 4-6), which would open the application to unjustified or improper timewise extension of the “right to exclude” granted by a patent and possible harassment by multiple assignees.
Claims 1-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 19/034989 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the devices claimed in ‘989 the instant application are coextensive such that there exist devices which could simultaneously be claimed under both. In the instant application claims 1-7 are directed to examples 4-6. ‘989 shares the same parent as the instant application and ‘989 claims 1-13 are directed to numerical examples 5-6. Since ‘989 and the instant application are cover identical devices (including examples 5-6), which would open the application to unjustified or improper timewise extension of the “right to exclude” granted by a patent and possible harassment by multiple assignees. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Katayose US Patent Application Publication 2019/0113721; in regards to a similar device, e.g. examples 1-3, see figures 1, 3 & 5, including in order first lens that is a positive lens having a convex surface facing toward the object side (e.g. positive lens G1), a second lens that is a negative lens having a concave surface facing toward the image side (e.g. negative lens G2), a third lens that is a positive lens having a convex surface facing toward the object side (e.g. positive lens G3), a fourth lens that is a negative lens (e.g. negative lens G4), a fifth lens that has a refractive power (e.g. negative lens G5), a sixth lens that has a refractive power (e.g. positive lens G6), a stop (e.g. aperture stop SP), a cemented lens, in which a positive lens (e.g. positive lens G7) and a negative lens (e.g. negative lens G8) are cemented in this order from the object side to the image side (see figures 1, 3 & 5), a ninth lens that is a positive lens (e.g. positive lens G9), a tenth lens that is a positive lens (e.g. positive lens G11), a eleventh lens that is a positive lens (e.g. positive lens G12), and a twelfth lens that is a negative lens (e.g. negative lens G13), wherein the imaging lens is a fixed focal point optical system (e.g. tables in paragraphs [0091-93] disclose each example has a single focal length).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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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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/George G. King/Primary Examiner, Art Unit 2872 August 4, 2026
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