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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
`
`15/678,690
`
`08/16/2017
`
`Atsushi HASEGAWA
`
`PANDP0229US
`
`5143
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`PINKNEYDAWAYNE
`
`ART UNIT
`2872
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/16/2019
`
`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)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`15/678,690
`Examiner
`DAWAYNE A PINKN EY
`
`Applicant(s)
`HASEGAWA et al.
`Art Unit
`AIA (FITF) 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 08/16/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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) fl 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 aflowabie. 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 08/16/2017 is/are: a). accepted or b)[:] 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). All
`
`b)D Some**
`
`C)D 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)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190406
`
`

`

`Application/Control Number: 15/678,690
`Art Unit: 2872
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement (IDS) submitted on 08/16/2017 has been considered
`
`by the examiner.
`
`Claim Rejections - 35 US C § 102
`
`4.
`
`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.
`
`5.
`
`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)(l) 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.
`
`6.
`
`Claims 1—4 and 6—8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ouichi
`
`(US 8,897,176; already of record).
`
`Regarding claim 1, Ouichi discloses, a lens barrel (Figs. 1—6) comprising:
`
`a first lens (28), a second lens (41), and a third lens (42) disposed in an optical axis
`
`direction (see Figs. 1—2);
`
`

`

`Application/Control Number: 15/678,690
`Art Unit: 2872
`
`Page 3
`
`a first lens frame (16) having a cylindrical shape (see Fig. 3) and holding the first lens
`
`(28);
`
`a second lens frame (43) holding the second lens (41); and
`
`a third lens frame (44) disposed on an inner circumference side of the first lens frame
`
`through a radial clearance (see Figs. 1—2) and between the first lens frame and the second lens
`
`frame (see Figs. 1—2) and holding the third lens (42),
`
`wherein an outer peripheral surface of the first lens frame (see 16) includes at least one
`
`insertion hole (16A) for inserting a jig (2) for eccentricity adjustment of the third lens frame, and
`
`at least one of the first lens frame and the third lens frame includes a joint (see “A”, 47 of
`
`Figs. 1—3 and associated text) to fix the third lens frame to the first lens frame at a position
`
`accessible from an outside of the first lens frame in a state Where the first to third lens frames are
`
`assembled (see Figs. 1—2).
`
`Regarding claims 2-3, Ouichi discloses, the joint is an adhesive reservoir configured to
`
`be filled with an adhesive for fixing the third lens frame that has been subjected to eccentricity
`
`adjustment to the first lens frame (Col. 6, lines 21—37), and the adhesive reservoir includes a
`
`depression provided on an outer peripheral part of the third lens frame at a position facing an
`
`inner circumferential surface of the first lens frame (Col. 6, lines 21—37).
`
`Regarding claims 4 and 6-7, Ouichi discloses, the adhesive reservoir includes a
`
`depression provided on an inner circumferential part of the first lens frame at a position facing an
`
`outer peripheral part of the third lens frame (Col. 6, lines 21—37), the joint is exposed to the
`
`outside of the first lens frame (see “A”, 47 of Figs. 1—3 and associated text), and the first lens
`
`frame includes an opening to expose the joint to the outside of the first lens frame (see “A”, 47 of
`
`Figs. 1—3 and associated text).
`
`

`

`Application/Control Number: 15/678,690
`Art Unit: 2872
`
`Page 4
`
`Regarding claim 8, Ouichi discloses, a method for optical axis adjustment of a lens barrel
`
`(Figs. 1—6) including:
`
`a first lens (28), a second lens (41), and a third lens (42) disposed in an optical axis
`
`direction;
`
`a first lens frame (16) having a cylindrical shape (see Fig. 3) and holding the first lens
`
`(28);
`
`a second 1ens frame (43) holding the second lens (41); and
`
`a third lens frame (44) holding the third lens (42), the method comprising the steps of:
`
`assembling the first to third lens frames in such a manner that the third lens frame is
`
`disposed on an inner circumference side of the first lens frame through a radial clearance and
`
`between the first lens frame and the second lens frame (Col. 5, lines 42—67, Col. 6, lines 1—20 and
`
`see Figs. 1—2);
`
`inserting a jig (2) from at least one insertion hole (16A) provided on an outer peripheral
`
`surface of the first lens frame (16) after the assembling step to perform eccentricity adjustment of
`
`the third lens frame (Col. 5, lines 42—67 and Col. 6, lines 1—20); and
`
`after performing the eccentricity adjustment, fixing the third lens frame to the first lens
`
`frame with a joint that is provided at least one of the first lens frame and the third lens frame and
`
`is accessible from an outside of the first lens frame in a state Where the first to third lens frames
`
`are assembled (Col. 6, lines 21—37).
`
`Claim Rejections - 35 US C § 103
`
`7.
`
`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
`
`

`

`Application/Control Number: 15/678,690
`Art Unit: 2872
`
`Page 5
`
`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.
`
`8.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections 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.
`
`9.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ouichi (US
`
`8,897,176; already of record) as applied to claim 1 above, in view of Shirono (US
`
`2016/0349478).
`
`Ouichi remains as applied to claim 1 above.
`
`Ouichi does not disclose the at least one insertion hole includes three insertion holes
`
`provided on the outer peripheral surface of the first lens frame at substantially equal angular
`
`intervals.
`
`Shirono teaches, from the same field of endeavor that in a lens barrel (Figs. 1—1 1) that it
`
`would have been desirable to make the at least one insertion hole (105A, 105B) includes three
`
`insertion holes (see 105A, 105B) provided on the outer peripheral surface of the first lens frame
`
`at substantially equal angular intervals (see Figs. 1—3).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to make the at least one insertion hole includes
`
`three insertion holes provided on the outer peripheral surface of the first lens frame at
`
`substantially equal angular intervals as taught by the lens barrel of Shirono in the lens barrel of
`
`Ouichi since Shirono teaches it is known to include these features in a lens barrel for the purpose
`
`of providing a lens barrel with improved accuracy and image quality.
`
`

`

`Application/Control Number: 15/678,690
`Art Unit: 2872
`
`Page 6
`
`Conclusion
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270—
`
`1305. The examiner can normally be reached on M—F 7:00—5:00 PM.
`
`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 on 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 an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/DAWAYNE PINKNEY/
`
`Primary Examiner, Art Unit 2872
`04/06/20 1 9
`
`

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