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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/28/2025 has been entered.
Claim Rejections - 35 USC § 112
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 1-5, 7, 9-13, 15-16, 19, 21-22, 24-25, 27 and 29 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The phrase, “…such that the drive arrangement comprises no more than the four lengths of shape memory alloy wire” contradicts the previously recited phrase “the drive arrangement comprises a total of only four lengths of shape memory alloy wire”. The phrase “no more than four” includes a number of possibilities of one SMA wire, two SMA wires, three SMA wires and four SMA wires. Therefore, it is unclear to the Examiner as to how many SMA wires are included within the scope of the claim. Claims 2-5, 7, 9-13, 15-16, 19, 21-22, 24-25, 27 and 29 are also rejected because of their dependency on claim 1. At the present, the Examiner construes the driving arrangement, based on applicant own disclosure, to include only four SMA wires and no less.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 25, 27 and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eddington et al. (WO 2013/175197).
Regarding claims 1, 25 and 27, Eddington teaches a camera comprising:
an actuator assembly comprising:
a first part (2);
a second part (4);
a bearing arrangement (7) mechanically coupling the first part to the second part (pg. 5, ll. 1-6)
a drive arrangement (11-14) comprises a total of only four lengths of shape memory alloy wire, such that the drive arrangement comprises no more than four lengths of shape memory alloy wire;
wherein the drive arrangement and the bearing arrangement are configured such that the first part is movable towards or away from the second part along a primary axis, and the first part is movable relative to the second part along a first axis and a second axis; wherein the first and second axes are perpendicular to the primary axis and the second axis is different to the first axis (the drive arrangement 11-14 in conjunction with the bearing assembly which includes a VCM, configured to move the lens 22 along the optical axis direction and linearly in two orthogonal directions, see pg. 4, ll. 1-6 and ll. 33-38);
an image sensor (6) supported by one of the first part and the second part;
a lens (22) support by the other of the first part and the second part [claim 27].
Regarding claim 29, Eddington teaches a method comprising use of the actuator assembly according to claim 1 to implement an optical stabilization function and/or an automatic focusing function of a camera (pg. 4, ll. 1-6 and ll. 33-38).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2-3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eddington in view of Liu (CN 208172341).
Regarding claims 2-3 and 10, Eddington teaches all the claimed limitations except for the bearing arrangement comprises a first bearing configured to generate, in response to a torque applied about the primary axis by the drive arrangement, movement of the first part towards or away from the second part along the primary axis; wherein a rotation of the first about the primary axis corresponds to a rotation of the first part relative to the second part [claim 3]; wherein the bearing arrangement is further configured to constrain rotation of the first part relative to the second part about the primary axis [claim 10]. Liu teaches an actuator assembly comprising: a bearing arrangement comprises a first bearing (11) configured to generate, in response to a torque applied about a primary axis by the drive arrangement, movement of the first part towards or away from the second part along the primary axis; wherein a rotation of the first bearing about the primary axis corresponds to a rotation of the first part relative to the second part; wherein the bearing arrangement is further configured to constrain rotation of the first part relative to the second part about the primary axis. It would have been obvious to one having an ordinary skill in the art to incorporate a first bearing as taught by Liu within Brown’s bearing arrangement in order to facilitate the driving of the second part in the primary axis direction.
Response to Arguments
Applicant's arguments filed 11/28/2025 have been fully considered but they are not persuasive. Regarding the 112 rejections, applicant alleges that the recitation "no more than four" modifies the rest of the claim and it is not inconsistence with the recitation "a total of only four". However, the Examiner respectfully disagrees provided that the recitation "no more than four" includes a number of possibilities, e.g. one, two, three or four SMA wires. Therefore, it contradicts or inconsistent with the previously recited "a total of only four" which excludes all other possibilities except for four SMA wires. The Examiner's understanding, as previously indicated, was based on the originally disclosed specification of an embodiment having four SMA wires, which has not been fully incorporated within the scope of the recited claim. Secondly, Applicant' s argument, regarding the new language has changed the grounds of rejection, see above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH Q PHAN whose telephone number is (571)270-3898. The examiner can normally be reached Mon-Fri 9am-5pm.
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MINH Q. PHAN
Primary Examiner
Art Unit 2852
/MINH Q PHAN/ Primary Examiner, Art Unit 2852