`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
`
`
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`15/391,044
`
`12/27/2016
`
`Fumio SHINANO
`
`PANDP0187US
`
`9530
`
`05/03/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOIS SELLE & SKLAR, LLP
`PICHLER’ MARIN
`1621 EUCLID AVENUE
`19TH FLOOR
`
`PAPER NUMBER
`
`CLEVELAND, OH 44115
`
`2872
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`05/03/2018
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ipdocket @rennerott0.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/391,044 SHINANO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2872MARIN PICHLER $233
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 12/27/2016.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) I] Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
`Paper No(s)/Mai| Date 12/27/2015.
`4) D Other: —-
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180426
`
`Disposition of Claims*
`5)|XI CIaim(s) His/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L7 is/are rejected.
`
`is/are objected to.
`
`I )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l CIaim(s
`I
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atentS/init events"
`h/index.‘s
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`, or send an inquiry to PRl-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 12/27/2016 is/are: a)IXI accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attach ment(s)
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`
`
`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 2
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`DETAILED ACTION
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`The instant application having Application No. 15/391044 filed on 12/27/2016 is presented for
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`examination by the examiner.
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`Examiner Notes
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`Examiner cites particular columns and line numbers in the references as applied to the claims
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`below for the convenience of the applicant. Although the specified citations are representative of the
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`teachings in the art and are applied to the specific limitations within the individual claim, other passages
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`and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully
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`consider the references in entirety as potentially teaching all or part of the claimed invention, as well as
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`the context of the passage as taught by the prior art or disclosed by the examiner.
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`Priority
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`As required by e M.P.E.P. 201 .14(c), acknowledgement is made of applicant’s claim for priority
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`based on applications JP 2015-256483, filed on 12/28/2015 and JP 2016-213982, filed on
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`1/01/2016 (Japan).
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`Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have
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`been placed of record in the file.
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`However, to overcome a prior art rejection, applicant(s) must submit a translation of the foreign
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`priority papers in order to perfect the claimed foreign priority because said papers has not been made of
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`record in accordance with 37 CFR 1.55. See MPEP § 201.15.
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`The applicant’s drawings submitted are acceptable for examination purposes.
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`Drawings
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`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 3
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`Claim Objections
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`Claims 5 and 6 are objected to because of the following informalities: Claim 5 recited the phrase
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`“The lens barrel according to any of claims 1” in line 1 and similarly, claim 6 recites the phrase “The lens
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`barrel according to any of claims 2”. However, since there is only one claim1 and only one claim 2, the
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`phrases should be corrected to “The lens barrel according to claim 1” and “The lens barrel according to
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`claim 2”. Appropriate correction is required.
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`Claim Rejections - 35 USC § 102
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and
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`103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for
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`the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale
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`supporting the rejection, would be the same under either status.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for
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`the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`Claims 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang US
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`20130170036 A1.
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`In regard to independent claim 1, Chang teaches (see Figs. 1-11) a lens barrel (i.e. lens 10,
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`100 and lens cap/lens hood, Abstract, paragraphs [02-04, 08-09, 22-27, 29-34]) of an optical apparatus
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`(i.e. of an optical apparatus, camera, paragraphs [04-05, 09, 22, 29], see Figs. 1-6; note also
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`corresponding structures as shown in Figs. 7-11 for second embodiment, paragraphs [29-34j) comprising:
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`a tip member disposed (i.e. lens 10 with ring 20, linkage sets 30,31, 32, paragraphs [22-27]; also
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`lens 100 with ring 60, linkage sets 70, 71, 72, paragraphs [22-27]) on a subject side in an optical axis
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`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 4
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`direction in optical axis direction (i.e. on the front end of lens and sleeve in optical axis direction,
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`paragraphs [0024, 30], as depicted in Figs. 1-6, 7-11), and including an optical system (i.e. optics of lens
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`10, 100 and lens cap/lens hood, paragraphs [02-04, 08-09, 22-27, 29-34]);
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`a lens hood (i.e. sleeve 50, 90 of lens cap lens hood, Abstract, paragraphs [08-09, 22, 29])
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`mounted on the tip member (i.e. on 10 with 20, 30-32; on 100, 60, 70-71, paragraphs [22-27, 29-34]),
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`and moving in the optical axis direction between a predetermined storage position and a use position
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`protruded to the subject side with respect to the storage position (i.e. sleeve 50(90) moves along optical
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`axis direction relative to 10,20, 30 (100, 60, 70) from closed position forward to open position of use, as
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`depicted in Figs. 3-6, 9-11, paragraphs [22-27, 29-341); and
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`a sliding member (i.e. lip 53 and rails 52; groove 901 (with 902, 903), and resilient plate 64,
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`paragraphs [24-27, 31-34], see e.g. Figs. 2, 8) provided on an inner circumferential surface side of the
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`lens hood (i.e. on inner circumferential surface side of 50, 90, paragraphs [24-27, 31-34], see e.g. Figs. 2,
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`8), and when the lens hood moves from the storage position to the use position (Le. 50, 90 slides from
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`closed to open position, depicted in Figs. 3-6, 9-11), the sliding member moving to the subject side in the
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`optical axis direction in a state where the sliding member is in contact with an outer circumferential
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`surface of the tip member (i.e. as 50, 90 slides, 53, 52 is in contact with 10,20, 30; also 901 (with 902,
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`903), is in contact with 100, 60 via 64, depicted in Figs. 3-6, 9-11, paragraphs [22-27, 2934]),
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`wherein in a state where the lens hood (50; 90 in closed position) is located at the storage
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`position (50; 90 in closed position), an interval of at least a portion of a clearance formed between the
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`inner circumferential surface of the lens hood and the outer circumferential surface of the tip member (i.e.
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`interval as clearance gap between inner surface of 50 and 10, 20, 30; also 90 with 100, 60, 70, as
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`depicted in Figs. 3 and 9) is narrowed toward the subject side in the optical axis direction (i.e. clearance
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`gap is narrowed towards the front end in optical axis direction due to inclined surface 311 of 30, and the
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`narrower clearance gap between 903-901 groove and surface of 60, as best depicted in Figs. 3, 4, and 9,
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`see also paragraphs [22-27, 29-34]).
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`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 5
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`Regarding claim 2, Chang teaches (see Figs. 1-11) that the outer circumferential surface of the
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`tip member (i.e. outer surface of 10, 20, 30) has an inclined surface disposed obliquely to the optical axis
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`direction (i.e. inclined surface of bar 311 of 31, as depicted in Figs. 3-6, paragraphs [22-27]), and
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`the portion of the clearance is formed between the inner circumferential surface of the lens hood
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`and the inclined surface (i.e. as part of the clearance gap between inner surface of 50 and inclined
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`surface of bar 311 of 31, 30, as depicted in Figs. 3-5, paragraphs [22-27]).
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`Regarding claim 3, Chang teaches (see Figs. 1-11) that a recess (i.e. see recess formed by 20,
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`10 and 311 of 31, 30, as depicted in e.g. Figs. 5-6, paragraphs [22-27]) in which the sliding member is
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`disposed in a state where the lens hood is located at the use position (Le. 53 disposed in open position,
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`as best depicted in Fig. 6, paragraphs [22-27]) is formed on the outer circumferential surface of the tip
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`member (i.e. as recess formed on outer circumferential surface of 20, 10 and 311 of 31, 30, as depicted
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`in e.g. Figs. 5-6, paragraphs [22-27]).
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`Regarding claim 4, Chang teaches (see Figs. 1-11) that in the state where the lens hood is
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`located at the storage position (Le. 50 in closed position, see Figs. 3, 4), an interval between the inner
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`circumferential surface of the lens hood and a surface of the recess facing the inner circumferential
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`surface (i.e. clearance gap between inner surface of 50 and a surface of recess formed by 20, 10 and
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`311, see Figs. 4, 3) has a size approximately equivalent to an interval between the inner circumferential
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`surface of the lens hood provided with the sliding member and the outer circumferential surface of the tip
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`member (i.e. has approximate size as the clearance gap of inner surface of 50 with 53, and the outer
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`surface of 10 of 10, 20, 30, as best depicted in Figs. 3 and 4, see also paragraphs [22-27]).
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`Regarding claim 6, Chang teaches (see Figs. 1-11) that the sliding member (i.e. lip 53 and rails
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`52) is in contact with the inclined surface in the state where the lens hood is located at the storage
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`position (i.e. as lip of 53 with 50 is in contact with the inclined surface of bar 311 of 31 via 50 in the closed
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`position, as depicted in Figs. 3, 4, paragraphs [22-27]).
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`In regard to independent claim 7, Chang teaches (see Figs. 1-11) camera comprising a lens
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`barrel and a camera body to which the lens barrel is attached (i.e. an optical apparatus, camera,
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`paragraphs [04-05, 09, 22, 29], with lens 10, 100 and lens cap/lens hood, Abstract, paragraphs [02-04,
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`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 6
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`08-09, 22-27, 29-34], see Figs. 1-6; note also corresponding structures as shown in Figs. 7-11 for second
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`embodiment, paragraphs [29-34]), the lens barrel (with lens 10, 100 and lens cap/lens hood ) having:
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`a tip member disposed (i.e. lens 10 with ring 20, linkage sets 30, 31, 32, paragraphs [22-27]; also
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`lens 100 with ring 60, linkage sets 70, 71, 72, paragraphs [22-27]) on a subject side in an optical axis
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`direction in optical axis direction (i.e. on the front end of lens and sleeve in optical axis direction,
`
`paragraphs [0024, 30], as depicted in Figs. 1-6, 7-11), and including an optical system (i.e. optics of lens
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`10, 100 and lens cap/lens hood, paragraphs [02-04, 08-09, 22-27, 29-34]);
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`a lens hood (i.e. sleeve 50, 90 of lens cap lens hood, Abstract, paragraphs [08-09, 22, 29])
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`mounted on the tip member (i.e. on 10 with 20, 30-32; on 100, 60, 70-71, paragraphs [22-27, 29-34]),
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`and moving in the optical axis direction between a predetermined storage position and a use position
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`protruded to the subject side with respect to the storage position (i.e. sleeve 50(90) moves along optical
`
`axis direction relative to 10,20, 30 (100, 60, 70) from closed position forward to open position of use, as
`
`depicted in Figs. 3-6, 9-11, paragraphs [22-27, 29-341); and
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`a sliding member (i.e. lip 53 and rails 52; groove 901 (with 902, 903), and resilient plate 64,
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`paragraphs [24-27, 31-34], see e.g. Figs. 2, 8) provided on an inner circumferential surface side of the
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`lens hood (i.e. on inner circumferential surface side of 50, 90, paragraphs [24-27, 31-34], see e.g. Figs. 2,
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`8), and when the lens hood moves from the storage position to the use position (Le. 50, 90 slides from
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`closed to open position, depicted in Figs. 3-6, 9-11), the sliding member moving to the subject side in the
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`optical axis direction in a state where the sliding member is in contact with an outer circumferential
`
`surface of the tip member (i.e. as 50, 90 slides , 53, 52 is in contact with 10,20, 30; also 901 (with 902,
`
`903), is in contact with 100, 60 via 64, depicted in Figs. 3-6, 9-11, paragraphs [22-27, 2934]),
`
`wherein in a state where the lens hood (50; 90 in closed position) is located at the storage
`
`position (50; 90 in closed position), an interval of at least a portion of a clearance formed between the
`
`inner circumferential surface of the lens hood and the outer circumferential surface of the tip member (i.e.
`
`interval as clearance gap between inner surface of 50 and 10, 20, 30; also 90 with 100, 60, 70, as
`
`depicted in Figs. 3 and 9) is narrowed toward the subject side in the optical axis direction (i.e. clearance
`
`gap is narrowed towards the front end in optical axis direction due to inclined surface 311 of 30, and the
`
`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 7
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`narrower clearance gap between 903-901 groove and surface of 60, as best depicted in Figs. 3, 4, and 9,
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`see also paragraphs [22-27, 29-34]).
`
`Claim Rejections - 35 USC § 103
`
`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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chang US 20130170036
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`in view of Shinohara et al. (hereafter Shinohara) US 20030128973.
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`Regarding claim 5, Chang teaches (see Figs. 1-11) the sliding member (i.e. lip 53 and rails 52;
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`groove 901 (with 902, 903), and resilient plate 64, paragraphs [24-27, 31-34], see e.g. Figs. 2, 8), but is
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`silent that the sliding member is formed of a felt material.
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`However, Shinohara teaches in the same field of invention of Lens apparatus with lens barrel
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`having vapor-resistant ventilation and optical instrument using lens apparatus (see e.g. Figs. 210, Title,
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`Abstract, paragraphs [02, 22-19, 25-26, 44, 80-85, 118]), and further teaches that that the sling member
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`is formed of a felt material (i.e. as water repellant felt member 26 on the sliding ring 25 that enables
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`sliding of moving cylinder 9 relative to felt member 26 and ring 25 and the hood-holding ring 12, see
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`paragraphs [0080-85, 90, 118]).
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`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 8
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`Therefore it would have been obvious to one of ordinary skill in the art before the effective filing
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`date of the claimed invention to apply the water-repellent felt material that is used as water repellent for
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`preventing water droplets and vapor from passing into the lens barrel due to sealing effect between the
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`sliding ring with felt material and the moving cylinder as taught by Shinohara to the sliding member lip of
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`Chang in order to provide water-repellency by such felt material that prevents water droplets and vapor
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`from passing into the lens barrel by providing sealing effect between the sliding member with felt material
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`and the lens barrel
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`that move relatively to each other (see Shinohara, paragraphs [0080, 83, 85, 90,
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`118]).
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally
`
`be reached on Mo-Th 8:30-5:00.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`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,
`
`Thomas K. Pham can be reached on 571-272-3689. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
`
`

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`Application/Control Number: 15/391,044
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`Art Unit: 2872
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`Page 9
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`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained from
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`either Private PAIR or Public PAIR. Status information for unpublished applications is available through
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`1000.
`
`/MARIN PICHLER/
`
`Primary Examiner, Art Unit 2872
`
`