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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/391,044
`
`12/27/2016
`
`Fumio SHINANO
`
`PANDP0187US
`
`9530
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`PICHLEK MARIN
`
`ART UNIT
`2872
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/25/2018
`
`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):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/391,044
`Examiner
`MARIN PICHLER
`
`Applicant(s)
`SHINANO etal.
`Art Unit
`AIA Status
`2872
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 08/22/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—13 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] 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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)[:l Some”
`
`c)C] None of the:
`
`1.[:]
`
`Certified copies of the priority documents have been received.
`
`2.[:]
`
`Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`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.
`
`Attachment(s)
`
`1) C] Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) D Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181019
`
`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`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.
`
`DETAILED ACTION
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`Response to Amendment
`
`The amendment filed on 08/22/2018 has been entered. Claims 1-13 are now pending in the
`
`application. Claims 1 and 5-7 have been amended and new claims 8-13 have been added by the
`
`Applicant. Previous claim objections to claims 5-6 have been withdrawn in light of Applicant’s
`
`amendments to claims 5 and 6.
`
`Examiner Notes
`
`Examiner cites particular columns and line numbers in the references as applied to the claims
`
`below for the convenience of the applicant. Although the specified citations are representative of the
`
`teachings in the art and are applied to the specific limitations within the individual claim, other passages
`
`and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully
`
`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
`
`As required by e M.P.E.P. 201 .14(c), acknowledgement is made of applicant’s claim for priority
`
`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).
`
`Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have
`
`been placed of record in the file.
`
`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.
`
`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 3
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`The applicant’s drawings submitted are acceptable for examination purposes.
`
`Drawings
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the invention,
`and of the manner and process of making and using it, in such full, clear, concise, and exact terms
`as to enable any person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner
`and process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to make and
`use the same, and shall set forth the best mode contemplated by the inventor of carrying out his
`invention.
`
`Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre—AIA), first paragraph,
`
`as failing to comply with the written description requirement. The claim(s) contains subject
`
`matter which was not described in the specification in such a way as to reasonably convey to one
`
`skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the
`
`time the application was filed, had possession of the claimed invention. Specifically claims 1 and 7
`
`recite the claim limitation that “a shape of the portion of the clearance is annular, and a central axis of the
`
`shape is coaxial with the optical axis”. However, there is not support for the above limitation in the
`
`original specification. Specifically, the specification provides no sufficient support that the clearance as
`
`defined in claim 1 or 7 has such annular shape i.e. rotationally symmetric around the optical axis such
`
`that the central axis of the clearance shape is also coaxial with the optical axis. The text of the
`
`specification does not support the above limitation. The drawings also do not show sufficient support for
`
`the above limitation given that there is not drawing depicting that the clearance shape is rotationally
`
`symmetric and uniform around the optical axis, because there is not support that the specific profile
`
`shape of the outer surface of filtering or tip (31) and the inner surface of the hood (30) have such
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`rotationally symmetric and uniform shape around the optical axis, resulting in such clearance that would
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`also be annular and symmetric around the optical axis. Applicant has not pointed out where and how is
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`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 4
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`the new claim limitation in claims 1 and 7 supported, nor does there appear to be a written description of
`
`the claim limitation noted above in the application as filed. Thus the support for the limitation above is not
`
`apparent, and applicant has not pointed out where the limitation is supported (see MPEP 2163.04, Sec.
`
`l).
`
`Claims 1-6 and 8-10 depend on claim 1 and therefore inherit the same deficiencies.
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
`
`Claims 1 and 7 recite the claim limitation that “a shape of the portion of the clearance is annular,
`
`and a central axis of the shape is coaxial with the optical axis”. Howeverthis limitation is confusing
`
`because it is unclear how it can be treated given that there is no sufficient support for this limitation in the
`
`specification or the drawings. Moreover, it is unclear is the above limitation is regarding (i) the portion of
`
`the clearance between the inner and outer circumferential surfaces of the lens hood and the tip member,
`
`respectively, or (ii) the narrowing (towards the subject side) interval of the portion of the clearance
`
`between the inner and outer circumferential surfaces of the lens hood and the tip member, or (iii) to the
`
`either the portion of the clearance or the interval of the portion of the clearance with the shape that is not
`
`necessarily continuous ring but distributed around the annular path around the axis that is coaxial with
`
`optical axis, or (iv) some other combination of the above interpretations (i)-(iii). For the purposes of the
`
`examination the above limitation will be interpreted at least in some of the above listed manners. It is
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`

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`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 5
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`suggested to amend the claims and provide explanations how the limitation should be treated with clear
`
`support from the original specification.
`
`Claims 1-6 and 8-10 depend on claim 1 and therefore inherit the same deficiencies.
`
`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 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 1-4, 6-10 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Chang (or record) US 20130170036 A1.
`
`In regard to independent claim 1, Chang teaches (see Figs. 1-11) a lens barrel (i.e. lens 10,
`
`100 and lens cap/lens hood, Abstract, paragraphs [02-04, 08-09, 22-27, 29-34]) of an optical apparatus
`
`(i.e. of an optical apparatus, camera, paragraphs [04-05, 09, 22, 29], see Figs. 1-6; note also
`
`corresponding structures as shown in Figs. 7-11 for second embodiment, paragraphs [29-34]) comprising:
`
`a tip member disposed (i.e. lens 10 with ring 20, linkage sets 30, 31, 32, paragraphs [22-27]; also
`
`lens 100 with ring 60, linkage sets 70, 71, 72, paragraphs [22-27]) on a subject side in an optical axis
`
`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
`
`10, 100 and lens cap/lens hood, paragraphs [02-04, 08-09, 22-27, 29-34]);
`
`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 6
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`a lens hood (i.e. sleeve 50, 90 of lens cap lens hood, Abstract, paragraphs [08-09, 22, 29])
`
`mounted on the tip member (i.e. on 10 with 20, 30-32; on 100, 60, 70-71, paragraphs [22-27, 29-34]),
`
`and moving in the optical axis direction between a predetermined storage position and a use position
`
`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, 29-34]); and
`
`a sliding member (i.e. lip 53 and rails 52; groove 901 (with 902, 903), and resilient plate 64,
`
`paragraphs [24-27, 31-34], see e.g. Figs. 2, 8) provided on an inner circumferential surface side of the
`
`lens hood (i.e. on inner circumferential surface side of 50, 90, paragraphs [24-27, 31-34], see e.g. Figs. 2,
`
`8), and when the lens hood moves from the storage position to the use position (Le. 50, 90 slides from
`
`closed to open position, depicted in Figs. 3-6, 9-11), the sliding member moving to the subject side in the
`
`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(s) as part of clearance gap between annular lip 53, outer surface of sleeve 50 and outer surface
`
`of 10 with ring 20 and linkage set 30 with 31 on both sides; also 90 with 100, 60, 70, as clearly depicted in
`
`Figs. 3 and 9, e.g. paragraphs [22-24]) is narrowed toward the subject side in the optical axis direction
`
`(i.e. as the interval(s) of clearance gap is narrowed towards the front end in optical axis direction due to
`
`inclined surface 311 of 30, 31, and the narrower clearance gap between 903-901 groove and surface of
`
`60, as best depicted in Figs. 3, 4, and 9, see also paragraphs [22-27, 29-34]), and
`
`a shape of the portion of the clearance is annular, and a central axis of the shape is coaxial with
`
`the optical axis (i.e. as portion of clearance gap is between annular lip 53, outer inner surface of sleeve
`
`50 and outer surface of 10 with ring 20, that are centered around optical axis of the lens 10, as clearly
`
`depicted in Figs. 2-3, 8-9, see e.g. paragraphs [22-27, 29-34]; also as the intervals of the clearance gap
`
`formed by lip 53, inner surface of sleeve 50 and outer surface of 10 with ring 20 and 30 with 31,311 as
`
`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 7
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`intervals in annular path centered around optical axis of lens 10, as clearly depicted in Figs. 2-3, 8-9, see
`
`e.g. paragraphs [22—27, 29-34]).
`
`Regarding claim 2, Chang teaches (see Figs. 1-1 1) that the outer circumferential surface of the
`
`tip member (i.e. outer surface of 10, 20, 30) has an inclined surface disposed obliquely to the optical axis
`
`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
`
`and the inclined surface (i.e. as part of the clearance gap between inner surface of 50 and inclined
`
`surface of bar 311 of 31, 30, as depicted in Figs. 3-5, paragraphs [22-27]).
`
`Regarding claim 3, Chang teaches (see Figs. 1-11) that a recess (i.e. see recess formed by 20,
`
`10 and 311 of 31, 30, as depicted in e.g. Figs. 5-6, paragraphs [22-27]) in which the sliding member is
`
`disposed in a state where the lens hood is located at the use position (Le. 53 disposed in open position,
`
`as best depicted in Fig. 6, paragraphs [22-27]) is formed on the outer circumferential surface of the tip
`
`member (i.e. as recess formed on outer circumferential surface of 20, 10 and 311 of 31, 30, as depicted
`
`in e.g. Figs. 5-6, paragraphs [22-27]).
`
`Regarding claim 4, Chang teaches (see Figs. 1-11) that in the state where the lens hood is
`
`located at the storage position (Le. 50 in closed position, see Figs. 3, 4), an interval between the inner
`
`circumferential surface of the lens hood and a surface of the recess facing the inner circumferential
`
`surface (i.e. clearance gap between inner surface of 50 and a surface of recess formed by 20, 10 and
`
`311, see Figs. 4, 3) has a size approximately equivalent to an interval between the inner circumferential
`
`surface of the lens hood provided with the sliding member and the outer circumferential surface of the tip
`
`member (i.e. has approximate size as the clearance gap of inner surface of 50 with 53, and the outer
`
`surface of 10 of 10, 20, 30, as best depicted in Figs. 3 and 4, see also paragraphs [22—27]).
`
`Regarding claim 6, Chang teaches (see Figs. 1-11) that the sliding member (i.e. lip 53 and rails
`
`52) is in contact with the inclined surface in the state where the lens hood is located at the storage
`
`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
`
`position, as depicted in Figs. 3, 4, paragraphs [22—27]).
`
`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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`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 8
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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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`08-09, 22-27, 29-34], see Figs. 1-6; note also corresponding structures as shown in Figs. 7-11 for second
`
`embodiment, paragraphs [29-34]), the lens barrel (with lens 10, 100 and lens cap/lens hood ) having:
`
`a tip member disposed (i.e. lens 10 with ring 20, linkage sets 30, 31, 32, paragraphs [22-27]; also
`
`lens 100 with ring 60, linkage sets 70, 71, 72, paragraphs [22-27]) on a subject side in an optical axis
`
`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
`
`10, 100 and lens cap/lens hood, paragraphs [02-04, 08-09, 22-27, 29-34]);
`
`a lens hood (i.e. sleeve 50, 90 of lens cap lens hood, Abstract, paragraphs [08-09, 22, 29])
`
`mounted on the tip member (i.e. on 10 with 20, 30-32; on 100, 60, 70-71, paragraphs [22-27, 29-34]),
`
`and moving in the optical axis direction between a predetermined storage position and a use position
`
`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, 29-34]); and
`
`a sliding member (i.e. lip 53 and rails 52; groove 901 (with 902, 903), and resilient plate 64,
`
`paragraphs [24-27, 31-34], see e.g. Figs. 2, 8) provided on an inner circumferential surface side of the
`
`lens hood (i.e. on inner circumferential surface side of 50, 90, paragraphs [24-27, 31-34], see e.g. Figs. 2,
`
`8), and when the lens hood moves from the storage position to the use position (Le. 50, 90 slides from
`
`closed to open position, depicted in Figs. 3-6, 9-11), the sliding member moving to the subject side in the
`
`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(s) as part of clearance gap between annular lip 53, outer surface of sleeve 50 and outer surface
`
`of 10 with ring 20 and linkage set 30 with 31 on both sides; also 90 with 100, 60, 70, as clearly depicted in
`
`Figs. 3 and 9, e.g. paragraphs [22-24]) is narrowed toward the subject side in the optical axis direction
`
`

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`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 9
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`(Le. as interval(s) clearance gap is narrowed towards the front end in optical axis direction due to inclined
`
`surface 311 of 30, and the narrower clearance gap between 903-901 groove and surface of 60, as best
`
`depicted in Figs. 3, 4, and 9, see also paragraphs [22-27, 29-34]), and
`
`a shape of the portion of the clearance is annular, and a central axis of the shape is coaxial with
`
`the optical axis (i.e. as portion of clearance gap is between annular lip 53, outer inner surface of sleeve
`
`50 and outer surface of 10 with ring 20, that are centered around optical axis of the lens 10, as clearly
`
`depicted in Figs. 2-3, 8-9, see e.g. paragraphs [22-27, 29-34]; also as the intervals of the clearance gap
`
`formed by lip 53, inner surface of sleeve 50 and outer surface of 10 with ring 20 and 30 with 31, 311 as
`
`intervals in annular path centered around optical axis of lens 10, as clearly depicted in Figs. 2-3, 8-9, see
`
`e.g. paragraphs [22-27, 29-34]).
`
`Regarding claim 8, Chang teaches (see Figs. 1-11) that one end of the sliding member is fixed
`
`to the inner circumferential surface of the lens hood (i.e. as e.g. lip 53, or rails 52; groove 901 (with 902,
`
`903), and resilient plate 64, is part of Le. fixed on inner circumferential surface side of 50, or 90,
`
`paragraphs [24-27, 31-34], as depicted in e.g. Figs. 2, 8)
`
`Regarding claim 9, Chang teaches (see Figs. 1-11) that the tip member is configured to be
`
`separated into a first part in the subject side and a second part in an imaging surface side (i.e. as e.g. the
`
`ring 20 in the subject side and lens 10 in the (towards) the imaging surface side, paragraphs [22-27]; also
`
`as ring 60 and the lens 100, paragraphs [22-27, 31-34], as depicted in e.g. Figs. 1-3, 7-9).
`
`Regarding claim 10, Chang teaches (see Figs. 1-11) that a protrusion which protuberates
`
`directing to the lens hood (i.e. as each linkage 31 or each plate 64 that is each on an outer circumferential
`
`surface of part of 10, 20,
`
`is protruding to the sleeve 50 or 90 paragraphs [22-27, 31 -34], as depicted in
`
`e.g. Figs. 1-3, 7-9), is arranged on an outer circumferential surface of a part of the tip member (i.e. as
`
`each linkage 31 or each plate 64 that is each on an outer circumferential surface of part of 10, 20, as
`
`depicted in e.g. Figs. 2-3, 8-9, paragraphs [22-27, 31-34]).
`
`In regard to independent claim 12, Chang teaches (see Figs. 1-11) a lens barrel (i.e. lens 10,
`
`100 and lens cap/lens hood, Abstract, paragraphs [02-04, 08-09, 22-27, 29-34]) of an optical apparatus
`
`

`

`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 10
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`(Le. 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 [29-34]) 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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`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, 29-34]); and
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`a first sliding member (i.e. lip 53 of 50; groove 901 (with 902, 903) of 90, , paragraphs [24-27, 31-
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`34], see e.g. Figs. 2, 8) provided on an inner circumferential surface side of the lens hood (i.e. on inner
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`circumferential surface side of 50, 90, paragraphs [24-27, 31-34], see e.g. Figs. 2, 8), and when the lens
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`hood moves from the storage position to the use position (Le. 50, 90 slides from closed to open position,
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`depicted in Figs. 3-6, 9-11), the first sliding member moving to the subject side in the optical axis direction
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`in a state where the sliding member is in contact with an outer circumferential surface of the tip member
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`(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,
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`60 via 64, depicted in Figs. 3-6, 9-11, paragraphs [22-27, 29-34]), and
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`a second sliding member (i.e. rails 52 of 50, and ring 20 with linkages 31; and resilient plate 64 of
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`ring 60, paragraphs [24-27, 31-34], see e.g. Figs. 2, 8) provided on the inner circumferential surface side
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`of the lens hood (i.e. on inner circumferential surface side of 50, 90, paragraphs [24-27, 31-34], see e.g.
`
`Figs. 2, 8)
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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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`

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`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 11
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`interval(s) as part of clearance gap between annular lip 53, outer surface of sleeve 50 and outer surface
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`of 10 with ring 20 and linkage set 30 with 31 on both sides; also 90 with 100, 60, 70, as clearly depicted in
`
`Figs. 3 and 9, e.g. paragraphs [22-24]) is narrowed toward the subject side in the optical axis direction
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`(i.e. as the interval(s) of clearance gap is narrowed towards the front end in optical axis direction due to
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`inclined surface 311 of 30, 31, and the narrower clearance gap between 903-901 groove and surface of
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`60, as best depicted in Figs. 3, 4, and 9, see also paragraphs [22-27, 29-34]), and
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`the first sliding member and the second sliding member are each annular and aligned in the
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`optical axis direction (i.e. as annular lip 53 of 50 is annular; and groove 901 (with 902, 903) and 90 is
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`annular and aligned with optical axis of lens 10, 100, paragraphs [24-27, 31-34], see e.g. Figs. 2, 8; and
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`as rails 52 are on annular hood 50, and ring 20 with linkages 31 is annular; and as resilient plate 64is on
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`annular ring 60, and are all aligned with optical axis of lens 10, 100, paragraphs [24-27, 31-34], see e.g.
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`Figs. 2, 8).
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`Regarding claim 13, Chang teaches (see Figs. 1-11) that the first sliding member is arranged in
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`an imaging surface side (i.e. as annular lip 53 of 50; and groove 901 with 903 of 90, are arranged on
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`(towards) imaging surface side, paragraphs [24-27, 31 -34], see e.g. Figs. 2, 8), and the second sliding
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`member is arranged in the subject side (i.e. as rails 52 of hood 50, and ring 20 with linkages 31 are
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`arranged on (towards) subject surface side of lens 10; and as resilient plate 64 of ring 60, are arranged
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`on (towards) subject surface side of lens 100, paragraphs [24-27, 31-34], see e.g. Figs. 2, 8), one end of
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`the first sliding member is fixed to the inner circumferential surface of the lens hood (i.e. as end of lip 53 is
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`fixed/part inner circumferential surface of 50; and groove 901 with 903 , is fixed/part of inner
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`circumferential surface 90, paragraphs [24-27, 31-34], see e.g. Figs. 2, 8), and one end of the second
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`sliding member is fixed to the outer circumferential surface of the tip member (i.e. as ends of linkages 31
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`are fixed on outer circumferential surface ring 20, lens 10; and as resilient plate(s) 64 are fixed on outer
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`circumferential surface of ring 60 on lens 100, , paragraphs [24-27, 31-34], see e.g. Figs. 2, 8).
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`

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`Application/Control Number: 15/391,044
`Art Unit: 2872
`
`Page 12
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`Claim Rejections - 35 USC § 103
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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
`
`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:
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`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.
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`Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (of
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`record) US 20130170036 in view of Shinohara et al. (hereafter Shinohara, of record) US
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`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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`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 seali

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