Prosecution Insights
Last updated: October 04, 2026
Application No. 19/060,416

IMAGING OPTICAL SYSTEM

Non-Final OA §DP
Filed
Feb 21, 2025
Priority
Sep 28, 2022 — JP 2022-154641 +1 more
Examiner
SUMLAR, JOURNEY F
Art Unit
Tech Center
Assignee
Keiji Ikemori
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
425 granted / 616 resolved
+9.0% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
25 currently pending
Career history
637
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
27.8%
-12.2% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 616 resolved cases

Office Action

§DP
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 Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Information Disclosure Statement The information disclosure statements (IDS) submitted on 2/21/2025 and 02/26/2025 have been considered by the examiner. Specification The abstract of the disclosure is objected to because the abstract exceeds 150 words. Also, the terms “i”, “fi”,“n”, “f”, “HFOV” need to be defined in the abstract. 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). 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. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,174,343 B1 in view of US 9, 250,422 B2 . Instant Application 19/060416 U.S. Patent No. 12,174,343 B1 Considered Obvious Claim 1. An imaging optical system wherein a number of lenses is four, an aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image, a single aspheric lens in which radius of curvature of each of both surfaces is infinity in a paraxial region and which has a power of the third-order aberration region in a peripheral area is provided at a position that is not adjacent to the aperture stop, the lens closest to the object is a negative lens or the aspheric lens in which radius of curvature of each of both surfaces is infinity in the paraxial region and which has a power of the third-order aberration region in the peripheral area, at least one positive lens is located closer to the image than the aperture stop, the relationship PNG media_image1.png 92 313 media_image1.png Greyscale is satisfied where i represents a natural number, fi represents focal length of the i-th lens from the object side, f represents focal length of the whole system and n represents the number of the lenses, a bundle of rays that enters the imaging optical system and reaches the maximum image height and a bundle of rays that enters the imaging optical system and has the principal ray parallel to the optical axis do not intersect with each other within the lens closest to the object, and the relationship 400< HFOV < 800 is satisfied where HFOV represents angle that the principal ray of bundle of rays that enters the imaging optical system and reaches the maximum image height forms with the optical axis. Claim 1. An imaging optical system wherein the number of lenses is three to seven, an aperture stop is located within the imaging optical system, one to four lenses each of which is an aspheric lens in which radius of curvature of each of both surfaces is infinity in the paraxial region and which has a power of the third-order aberration region in the peripheral area are provided, the first lens from the object side is a negative lens or an aspheric lens in which radius of curvature of each of both surfaces is infinity in the paraxial region and which has a negative power of the third-order aberration region in the peripheral area, the lens adjacent to the aperture stop on the image side is a positive lens, the relationship PNG media_image2.png 109 370 media_image2.png Greyscale is satisfied where i represents a natural number, fi represents focal length of the i- th lens from the object side, f represents focal length of the whole system and n represents the number of the lenses, a bundle of rays that enters the imaging optical system and reaches the maximum value of image height and a bundle of rays that enters the imaging optical system and has the principal ray parallel to the optical axis do not intersect with each other within the first lens from the object side, and the relationship 400< HFOV < 800 is satisfied where HFOV represents angle that the principal ray of bundle of rays that enters the imaging optical system and reaches the maximum value of image height forms with the optical axis. ,an aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image; single aspheric lens not adjacent to the aperture stop Claim 4. An imaging optical system wherein a number of lenses is three, each of the three lenses is referred to as a first lens, a second lens and a third lens from an object side, an aperture stop is located between the second lens and the third lens, a single aspheric lens in which radius of curvature of each of both surfaces is infinity in a paraxial region and which has a power of a third-order aberration region in a peripheral area is provided at a position that is not adjacent to the aperture stop, the first lens is the aspheric lens in which radius of curvature of each of both surfaces is infinity in the paraxial region and which has a power of the third-order aberration region in the peripheral area, the third lens is a positive lens, the relationship PNG media_image2.png 109 370 media_image2.png Greyscale is satisfied where i represents a natural number, fi represents focal length of the i-th lens from the object side, f represents focal length of a whole system and n represents the number of the lenses, a bundle of rays that enters the imaging optical system and reaches a maximum image height and a bundle of rays that enters the imaging optical system and has a principal ray parallel to the optical axis do not intersect with each other within the first lens, and the relationship 400<HFOV <800 is satisfied where HFOV represents angle that the principal ray of bundle of rays that enters the imaging optical system and reaches the maximum image height forms with the optical axis. U.S. Patent No. 12,174,343 B1 fails to teach an aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image; single aspheric lens not adjacent to the aperture stop, In a related art, US 9, 250,422 B2 teaches an aperture stop (Fig. 26, AS) is located closer to an image than a lens (1) closest to an object and closer to the object than the lens (23) closest to the image; single aspheric lens (2) not adjacent to the aperture stop (AS). It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the imaging optical system, as taught by U.S. Patent No. 12,174,343 B1, with the aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image, as taught by US 9, 250,422 B2 for the purpose of providing a way of improving the aberration correction (Coll. 11, lines 37-38). Allowable Subject Matter Claim 1 would be allowable if rewritten or amended to overcome the double patenting rejection set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach all of the limitations of independent claim 1 which includes the lens closest to the object is a negative lens or the aspheric lens in which radius of curvature of each of both surfaces is infinity in the paraxial region and which has a power of the third-order aberration region in the peripheral area. Claims 2 is 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 fails to teach all of the limitations of claim 2 which includes wherein the lens that is adjacent to the aperture stop and located closer to the image than the aperture stop is a positive lens. Claim 3 is allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach all of the limitations of independent claim 3 which includes the lens closest to the object is a negative lens or the aspheric lens in which radius of curvature of each of both surfaces is infinity in the paraxial region and which has a power of the third-order aberration region in the peripheral area. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liao et al. (US Patent Publication Number 2018/0003924 A1) considered the closet prior art discloses an imaging optical system wherein the number of lenses is four (Fig. 4A 410-440), an aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image (Fig. 4A, 400 is between lenses 410 and 420), single aspheric lens (all four lenses 410, 420, 430, and 440 are aspheric, Table 9), the first lens from the object side is a negative lens (Fig. 4A, 4th embodiment, lens 410 is negative (-9.39) Table 9), the lens adjacent to the aperture stop on the image side is a positive lens (see Table 9), the relationship. PNG media_image2.png 109 370 media_image2.png Greyscale (Table 9, expression calculated = 0.48) and the relationship 40°<HFOV<80° (Table 9, HFOV =57.0°) are satisfied. Cho (US Patent Number 9,869,922 B2) teaches an optical imaging system wherein the number of lenses is four, an aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image. Gong (US Patent Publication Number 2017/0276906 A1) teaches an optical imaging system wherein the number of lenses is four an aperture stop is located closer to an image than a lens closest to an object and closer to the object than the lens closest to the image. Taniyama (US Patent Publication Number 2008/0180813 A1) teaches an optical imaging system wherein the number of lenses is four. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm. 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 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. JOURNEY F. SUMLAR Examiner Art Unit 2872 16 September 2026 /SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Feb 21, 2025
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12748321
METHOD FOR DESIGNING SPECTACLE LENS, METHOD FOR MANUFACTURING SPECTACLE LENS, AND SYSTEM FOR DESIGNING SPECTACLE LENS
4y 8m to grant Granted Sep 29, 2026
Patent 12749420
NEAR EYE DISPLAY
3y 7m to grant Granted Sep 29, 2026
Patent 12748318
MODULAR AND ADJUSTABLE EYEGLASSES FOR UNIVERSAL FITMENT
2y 10m to grant Granted Sep 29, 2026
Patent 12741478
OPTICAL DEVICE AND METHOD OF MANUFACTURE THEREOF
4y 7m to grant Granted Sep 22, 2026
Patent 12736735
PARALLEL PLATE WAVEGUIDES
5y 0m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
81%
With Interview (+11.6%)
2y 12m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 616 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month