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 .
DETAILED ACTION
Response to Amendment
The amendment filed on 06/10/2026 has been entered. Claims 1, 3-5 and 10-11 are now pending in the Application. Claims 1 and 10 have been amended, claims 6-7 and 12 have been canceled by the Applicant. Previous claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph has been withdrawn in light of applicant’s cancelation of claim 12.
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 the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on application of National Stage entry of PCT/KR2021/005613, International Filing Date of 05/04/2021 that claims foreign priority to KR 10-2020-0053857, filed 05/06/2020 (Korea).
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 priority papers in order to perfect the claimed foreign priority because said papers has not been made of record in accordance with 37 CFR 1.55. See MPEP § 213.04
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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.
Claims 1, 3-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (hereafter Kang, of record, se IDS dated 12/20/2023) US 20190285907 A1 in view of Yajima (of record, see IDS dated 06/03/2025, where attached English language machine translation is referenced) JP H11136567 A, and further in view of Cho et al. (hereafter Cho, of record) US 20090067051 A1.
In regard to independent claim 1, Kang teaches (see Figs. 1-12) a camera actuator (image acquisition device e.g. 100, having an image stabilization function, see abstract, paragraphs 02, 11-24,39-49, 61-73,87-96,99-112]) comprising:
a mover including an optical member for changing a path of incident light (i.e. reflection unit 300 with bracket 310 and reflection lens 301, and refraction unit with pressing unit 600,610, both changing direction of incident light, paragraphs [40-47, 63-77, 87-96,99-112);
a driving unit configured to move the mover in a first direction or a second direction perpendicular to an optical axis direction (i.e. as first drive unit to move 300 with 301, 600 with 610, e.g. including 712, 711, operated by driver, paragraphs [40-47, 54-56,68-77, 87-96, 110-112], e.g. Figs. 7-8,12);
an output unit configured to output a control signal for moving the mover (i.e. gyro sensor and/or Hall sensor that output signals for driving 300, 600 to driver, paragraphs [93-94, 110-112], Fig. 11);
a first position sensor configured to detect position information in the second direction of the mover (i.e. location sensor Hall 713, for part 610,600 location information of the mover 300,600, paragraphs [87-96, 63-77, 110-112], Fig. 7-8, 12);
a second position sensor configured to detect the position information in the first direction of the mover (i.e. as Hall location sensor for part 300,301 of the mover of 300,600, paragraphs [87-96, 63-77], Fig. 7-8, 12),
an image sensor configured to receive light passing through the optical member to generate image information (image sensor 500, e.g. configured to acquire the image formed by the light of the lens unit 400 and reflection unit 300 optical passage, see paragraphs [40-44, 52,107], Figs. 1,8); and
a calculation unit (i.e. as driver, paragraphs [12, 110-112], Fig. 11) configured to calculate a rotational correction amount of the image information using the position information in the second direction of the mover (i.e. as best understood, as driver generates tilting amount for the 300,600 unit for correcting hand-shaking or vibration of the images acquired by image acquisition device 100, using position information with Hall 713 sensor of e.g. 600, and gyro hand-shake information, see paragraphs [68-77, 88-91, 110-112], Fig. 11), and
at least one lens configured to move in the optical axis direction, the at least one lens being located between the mover and the image sensor (e.g. as lens unit 400 as depicted between 300,600 and image sensor 500, that moves in optical passage/axis direction and has one or more lenses 411, paragraphs [21, 40-44, 48-49,97-98], e.g. Figs. 1-3,8),
wherein the incident light is incident in the first direction from the mover and output in the optical axis direction (i.e. as best understood the incident light is incident in (from) first direction Fig. 1, e.g. y-direction, and output in z- optical axis of e.g. lens unit 400 or second direction, paragraphs [40-48, 64-66], Figs. 1,4).
But Kang is silent that the optical member moves in the second direction, the image information rotates about the optical axis direction (i.e. as 600,610 is moved or tilted towards x-direction), that the image information is rotated by the rotational correction amount of the image information and the rotational correction amount is used for making compensation for an angle of rotation of the image information about the optical axis direction, and that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as best understood to the extent of the recited necessary structures required for rotational correction of image information), and
that the calculation unit configured to adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens, based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor, and the change in the rotational correction amount increases when the focal length of the at least one lens increases and decreases when the focal length of the at least one lens decreases (however, the above limitation for calculation unit notes a specific operation step not configuration, and will be treated to the extent of structure and structural features, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)), lastly Kang doesn’t specify that one or more lenses (lens unit 400 with multiple lens units 411) includes a variator lens group (e.g. Figs. 1-3,8).
However, Yajima teaches in the same field of invention of image pickup device (see Figs. 1-5, having mirror based camera-shake correction system, paragraphs [1,4-8, 9-12]), and further teaches that when the optical member moves in the second direction, the image information rotates about the optical axis direction (i.e. as mirror 1 (22) is moved or tilted in left-right (e.g. horizontal) direction, the image 17 rotates in the sensor or image (CCD) plane, while the image is unaffected, does not rotate in the CCD/image plane, when mirror mover, tilts in up-down (vertical) direction, see paragraphs [4-8, 9-12], Figs. 1-3),
that the image information is rotated by the rotational correction amount of the image information and the rotational correction amount is used for making compensation for an angle of rotation of the image information about the optical axis direction (i.e. as due to rotation of CCD 15 in 14 the image is rotates and image is corrected by appropriate amount, paragraphs [9-12]), and that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, and specifically, as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, as described above, and since only the vertical movement amount of reflective element mirror 1 does not cause image rotation in the image plane, hence the calculation unit is configured to calculate zero for the rotational correction amount, given that no rotation of image occurs, which is explained and clearly presented in Figs. 1-2 and paragraphs [4-8, 9-12], and therefore providing image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the
rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [08, 11-12]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and adapt the image acquisition device with image stabilization function of Kang to include that the image information is rotated by the rotational correction amount with rotation control unit based on image rotation which is only due to detected horizontal (left-right) movement/tilt of shake stabilization mirror according to teachings of Yajima, in order to provide such image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [08, 11-12]).
Further, Cho teaches in the same field of invention of a system and method of correcting a light pathway by driving a prism (see Figs. 1-7, abstract, e.g. paragraphs [13-26, 37-42,52-60, 61-73,99-116] including the system 101, change amount measurement unit 102/301, prism driving unit 103/302, determining rotation of prism due to light pathway correction amount, Figs. 1,3, 6-7), and teaches correcting a light pathway change generated due to shaking of a camera with zoom lens by driving a prism (see e.g. paragraphs [13-26, 37-42,52-60]), where zoom lens includes moving lens units to enable zooming function one of which provides variator lens function, (see lens units in Figs. 2-3, paragraphs [13-26, 37-42,52-60]), and further teaches that calculation unit (101) adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor (i.e. as the rotation of prism due to hand-shake, is determined by light pathway change amount measurement unit 101, based on light pathway correction amount including information for zoom lens and zoom magnification and specific focus of the lens, and based on movement amount of the image 208 in the image sensor that changes depending on zoom magnification i.e. focal length, see specifically, paragraphs [24,47, 52-73, 77, 99-116], as depicted in Fig. 7, 1-3, thus providing system for correcting light pathway for lens system at specific focus and zoom magnifications and eliminating various shakings of a camera by driving a curved prism composed of various refraction surfaces).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the image acquisition device to include zooming function to movable lens unit (400) of Kang with one of the plurality of lenses acting as variator lens according to teachings of Cho, and to adapt and modify the driver for image stabilization of image acquisition device of Kang, to include determination of rotation of prism that is based on light pathway correction amount including information for zoom lens and zoom magnifications and specific focus of the lens according to teachings of Cho in order to provide zoom functionality and provide such correcting light pathway for lens system at specific focus and zoom magnifications that eliminates various shakings of the camera by driving the prism as reflection unit (see Cho paragraphs [99-116]).
Regarding claim 3, Kang teaches (see Figs. 1-12) that the optical member is disposed to have an inclination which is not perpendicular to the first direction and the optical axis direction (i.e. as 300 with reflective surface is inclined with respect to incident light y-axis direction, and optical axis z-axis direction, and since 300 is moved, tilted with respect to x-axis, Figs. 1-3, 7-8, , paragraphs [40-47, 54-56,68-77, 87-96]).
Regarding claim 4, Kang teaches (see Figs. 1-12) that the optical member is disposed to be inclined with respect to a plane formed by any one of the first direction and the optical direction and the second direction (i.e. as 300 with reflective surface is inclined with respect to plane y-axis x-axis, or x-axis z-axis plane, and since 300 is moved, tilted with respect to x-axis, Figs. 1-3, 7-8, , paragraphs [40-47, 54-56,68-77, 87-96]).
Regarding claim 5, Kang teaches (see Figs. 1-12) that the optical member is perpendicular to a plane formed by the first direction and the optical axis direction (i.e. as 300 with e.g. top surface is perpendicular to y-z axes plane, Figs. 1-3, 7-8, , paragraphs [40-47, 54-56,68-77, 87-96]).
In regard to independent claim 10, Kang teaches (see Figs. 1-12) a camera actuator (image acquisition device e.g. 100, having an image stabilization function , see abstract, paragraphs 02, 11-24,39-49, 61-73,87-96,99-112]) comprising:
a mover including an optical member configured to change a path of incident light (i.e. reflection unit 300 with bracket 310 and reflection lens 301, changing direction of incident light, paragraphs [40-47, 68-77, 87-96,99-112);
a driving unit configured to move the mover in a first direction or a second direction perpendicular to an optical axis direction (i.e. as first drive unit that moves 300 with 301 , e.g. including 712, 711, operated by driver, paragraphs [40-47, 54-56,68-77, 87-96, 110-112], e.g. Figs. 7-8,12);
an output unit configured to output a control signal for moving the mover (i.e. gyro sensor and/or Hall sensor that output signals for driving 300, 600 to driver, paragraphs [93-94, 110-112], Fig. 11);
a first position sensor configured to detect position information in the first direction of the mover (i.e. location sensor Hall 713, for part 610,600 location information of the mover 300,600, paragraphs [87-96, 63-77, 110-112], Fig. 7-8, 12);
a second position sensor configured to detect position information in the second direction of the mover (i.e. location sensor Hall 713, for 300 location information paragraphs [93-94, 110-112], Fig. 7-8, 12);
an image sensor configured to receive light passing through the optical member to generate image information (image sensor 500 e.g. configured to acquire the image formed by the light of the lens unit 400 and reflection unit 300 optical passage, see paragraphs [40-44, 52,107], Figs. 1,8);
a calculation unit (i.e. as driver, paragraphs [12, 110-112] Fig. 11) configured to calculate a rotational correction amount by which rotated in direction using the position information in the second direction of the mover (i.e. as best understood, as driver generates tilting amount for the reflection unit 300 for correcting hand-shaking or vibration of the image acquisition device 100, using position information with Hall sensor 713 and gyro hand-shake information, where tilting amount for 300 is relative rotation with respect to image sensor 500, see paragraphs [68-77, 88-91, 110-112]), and
at least one lens configured to move in the optical axis direction, the at least one lens being located between the mover and the image sensor (e.g. as lens unit 400 as depicted between 300,600 and image sensor 500, that moves in optical passage/axis direction and has one or more lenses 411, paragraphs [21, 40-44, 48-49,97-98], e.g. Figs. 1-3,8),
wherein the incident light is incident in the first direction from the mover and output in the optical axis direction, wherein the optical axis direction corresponds to an incident direction of light on the image sensor, (i.e. as best understood the incident light is incident in (from) first direction Fig. 1, e.g. y-direction, and output in z- optical axis of e.g. lens unit 400 or second direction, which is also incident direction to image sensor 500, paragraphs [40-48, 64-66], Figs. 1-4).
But Kang is silent regarding a sensor driving unit located in a region adjacent the image sensor, the sensor driving unit being configured to rotate the image sensor, that calculation unit configured to :calculate rotational correction amount by which the image sensor is rotated about the optical axis direction using the position information in the second direction of the mover, and
that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as best understood to the extent of the recited necessary structures required for rotational correction of image information), and that the calculation unit configured to adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens, based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor, and the change in the rotational correction amount increases when the focal length of the at least one lens increases and decreases when the focal length of the at least one lens decreases (however, the above limitation for calculation unit notes a specific operation step not configuration, and will be treated to the extent of structure and structural features, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)), lastly Kang doesn’t specify that one or more lenses (lens unit 400 with multiple lens units 411) includes a variator lens group (e.g. Figs. 1-3,8).
However, Yajima teaches in the same field of invention of image pickup device (see Figs. 1-5, having mirror based camera-shake correction system, paragraphs [1,4-8, 9-12]), and further teaches a sensor driving unit located in a region adjacent the image sensor, the sensor driving unit being configured to rotate the image sensor (i.e. since as mirror 1 (22) is moved or tilted in left-right (e.g. horizontal) direction, the image 17 rotates in the sensor (CCD) plane, while it is unaffected when mirror mover, tilts in up-down (vertical) direction, thus having rotation drive unit 16 to rotate CCD holder 14 with CCD 15 to offset this image rotation, see paragraphs [4-8, 9-12], Figs. 1-3),
that calculation unit configured to calculate rotational correction amount by which the image sensor is rotated about the optical axis direction using the position information in the second direction of the mover (i.e. as stabilization 12 and rotation 13 control unit calculate rotational correction amount and output rotational amount to rotational drive unit 16 for image rotation correction by rotation of the image sensor CCD 15 in 14, given detection signals of detectors 8 and 9, as the image rotation is due to horizontal left-right movement of mirror 1 detected by 8, see paragraphs [4-8, 9-12], Figs. 1-3), and that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD plane, specifically, as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, as described above, and since only the vertical movement amount of reflective element mirror 1 does not cause image rotation in the image plane, hence the calculation unit is configured to calculate zero for the rotational correction amount, given that no rotation of image occurs, which is explained and clearly presented in Figs. 1-2 and paragraphs [4-8, 9-12], therefore providing image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [08, 11-12]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the image acquisition device with image stabilization function of Kang to include that the image information is rotated by the rotational correction amount with rotation control unit rotating the image sensor CCD in CCD holder, based on image rotation which is only due to detected horizontal (left-right) movement/tilt of shake stabilization mirror according to teachings of Yajima, in order to provide for such image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [08, 11-12]).
Further, Cho teaches in the same field of invention of a system and method of correcting a light pathway by driving a prism (see Figs. 1-7, abstract, e.g. paragraphs [13-26, 37-42,52-60, 61-73,99-116] including the system 101, change amount measurement unit 102/301, prism driving unit 103/302, determining rotation of prism due to light pathway correction amount, Figs. 1,3, 6-7), and teaches correcting a light pathway change generated due to shaking of a camera with zoom lens by driving a prism (see e.g. paragraphs [13-26, 37-42,52-60]), where zoom lens includes moving lens units to enable zooming function one of which provides variator lens function, (see lens units in Figs. 2-3, paragraphs [13-26, 37-42,52-60]), and further teaches that calculation unit (101) adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor (i.e. as the rotation of prism due to hand-shake, is determined by light pathway change amount measurement unit 101, based on light pathway correction amount including information for zoom lens and zoom magnification and specific focus of the lens, and based on movement amount of the image 208 in the image sensor that changes depending on zoom magnification i.e. focal length, see specifically, paragraphs [24,47, 52-73, 77, 99-116], as depicted in Fig. 7, 1-3, thus providing system for correcting light pathway for lens system at specific focus and zoom magnifications and eliminating various shakings of a camera by driving a curved prism composed of various refraction surfaces).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the image acquisition device to include zooming function to movable lens unit (400) of Kang with one of the plurality of lenses acting as variator lens according to teachings of Cho, and to adapt and modify the driver for image stabilization of image acquisition device of Kang, to include determination of rotation of prism that is based on light pathway correction amount including information for zoom lens and zoom magnifications and specific focus of the lens according to teachings of Cho in order to provide zoom functionality and provide such correcting light pathway for lens system at specific focus and zoom magnifications that eliminates various shakings of the camera by driving the prism as reflection unit (see Cho paragraphs [99-116]).
Regarding claim 11, Kang teaches (see Figs. 1-12) that the image information generated from the image sensor does not rotate about the optical axis direction in response to movement of the optical member in the first direction (i.e. as due to combination with Yajima, teaching that image in imaging sensor CCD 15 is not rotated as 300/310 mirror/reflector, corresponding to mirror 1 moves/tilts in vertical direction, see Yajima see paragraphs [4-8, 9-12], Figs. 1-3, and as applied to Kang, paragraphs [40-47, 63-77, 87-96,99-112).
Response to Arguments
Applicant's arguments filed in the Remarks dated 06/10/2026 with respect to claims 1, 10 an their dependent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, the Applicant argues on page 10-13 of the Remarks that the cited prior art of the combination of Kang and Yajima does not disclose the features recited in the independent claims 1 and 10, namely that (1) “the calculation unit is configured to adjust a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens”, because as acknowledged by the Examiner Kang doesn’t disclose such calculation unit configuration, and the Yajima also silent to such configuration of the calculation unit, and since allegedly Cho excludes calculating rotational correction using Hall sensor of the mover or even content regarding handshake and change of rotational correction due to focal length and movement in the shake region. The Examiner respectfully disagrees. With respect to issue (1) as noted in the rejection above, the cited prior art of Kang teaches most limitations and in combination with cited prior art of Yajima and Cho teaches and renders obvious all limitations of claim 1, as Kang teaches (see Figs. 1-12) a camera actuator (image acquisition device e.g. 100, having an image stabilization function, see abstract, paragraphs 02, 11-24,39-49, 61-73,87-96,99-112]) comprising:
a mover including an optical member for changing a path of incident light (i.e. reflection unit 300 with bracket 310 and reflection lens 301, and refraction unit with pressing unit 600,610, both changing direction of incident light, paragraphs [40-47, 63-77, 87-96,99-112);
a driving unit configured to move the mover in a first direction or a second direction perpendicular to an optical axis direction (i.e. as first drive unit to move 300 with 301, 600 with 610, e.g. including 712, 711, operated by driver, paragraphs [40-47, 54-56,68-77, 87-96, 110-112], e.g. Figs. 7-8,12);
an output unit configured to output a control signal for moving the mover (i.e. gyro sensor and/or Hall sensor that output signals for driving 300, 600 to driver, paragraphs [93-94, 110-112], Fig. 11);
a first position sensor configured to detect position information in the second direction of the mover (i.e. location sensor Hall 713, for part 610,600 location information of the mover 300,600, paragraphs [87-96, 63-77, 110-112], Fig. 7-8, 12);
a second position sensor configured to detect the position information in the first direction of the mover (i.e. as Hall location sensor for part 300,301 of the mover of 300,600, paragraphs [87-96, 63-77], Fig. 7-8, 12),
an image sensor configured to receive light passing through the optical member to generate image information (image sensor 500, e.g. configured to acquire the image formed by the light of the lens unit 400 and reflection unit 300 optical passage, see paragraphs [40-44, 52,107], Figs. 1,8); and
a calculation unit (i.e. as driver, paragraphs [12, 110-112], Fig. 11) configured to calculate a rotational correction amount of the image information using the position information in the second direction of the mover (i.e. as best understood, as driver generates tilting amount for the 300,600 unit for correcting hand-shaking or vibration of the images acquired by image acquisition device 100, using position information with Hall 713 sensor of e.g. 600, and gyro hand-shake information, see paragraphs [68-77, 88-91, 110-112], Fig. 11), and
at least one lens configured to move in the optical axis direction, the at least one lens being located between the mover and the image sensor (e.g. as lens unit 400 as depicted between 300,600 and image sensor 500, that moves in optical passage/axis direction and has one or more lenses 411, paragraphs [21, 40-44, 48-49,97-98], e.g. Figs. 1-3,8),
wherein the incident light is incident in the first direction from the mover and output in the optical axis direction (i.e. as best understood the incident light is incident in (from) first direction Fig. 1, e.g. y-direction, and output in z- optical axis of e.g. lens unit 400 or second direction, paragraphs [40-48, 64-66], Figs. 1,4). Specifically, Kang teaches OIS function applied to mover with reflection unit in first and second direction, contrary to Applicant’s statement.
As noted above, Kang is silent that the optical member moves in the second direction, the image information rotates about the optical axis direction (i.e. as 600,610 is moved or tilted towards x-direction), that the image information is rotated by the rotational correction amount of the image information and the rotational correction amount is used for making compensation for an angle of rotation of the image information about the optical axis direction, and that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as best understood to the extent of the recited necessary structures required for rotational correction of image information), and
that the calculation unit configured to adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens, based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor, and the change in the rotational correction amount increases when the focal length of the at least one lens increases and decreases when the focal length of the at least one lens decreases (however, the above limitation for calculation unit notes a specific operation step not configuration, and will be treated to the extent of structure and structural features, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)), lastly Kang doesn’t specify that one or more lenses (lens unit 400 with multiple lens units 411) includes a variator lens group (e.g. Figs. 1-3,8).
However, Yajima teaches in the same field of invention of image pickup device (see Figs. 1-5, having mirror based camera-shake correction system, paragraphs [1,4-8, 9-12]), and further teaches that when the optical member moves in the second direction, the image information rotates about the optical axis direction (i.e. as mirror 1 (22) is moved or tilted in left-right (e.g. horizontal) direction, the image 17 rotates in the sensor or image (CCD) plane, while the image is unaffected, does not rotate in the CCD/image plane, when mirror mover, tilts in up-down (vertical) direction, see paragraphs [4-8, 9-12], Figs. 1-3), and teaches that the image information is rotated by the rotational correction amount of the image information and the rotational correction amount is used for making compensation for an angle of rotation of the image information about the optical axis direction (i.e. as due to rotation of CCD 15 in 14 the image is rotates and image is corrected by appropriate amount, paragraphs [9-12]), and that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, and specifically, as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, as described above, and since only the vertical movement amount of reflective element mirror 1 does not cause image rotation in the image plane, hence the calculation unit is configured to calculate zero for the rotational correction amount, given that no rotation of image occurs, which is explained and clearly presented in Figs. 1-2 and paragraphs [4-8, 9-12], and therefore providing image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [08, 11-12]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and adapt the image acquisition device with image stabilization function of Kang to include that the image information is rotated by the rotational correction amount with rotation control unit based on image rotation which is only due to detected horizontal (left-right) movement/tilt of shake stabilization mirror according to teachings of Yajima, in order to provide such image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [08, 11-12]).
Further, Cho teaches in the same field of invention of a system and method of correcting a light pathway by driving a prism (see Figs. 1-7, abstract, e.g. paragraphs [13-26, 37-42,52-60, 61-73,99-116] including the system 101, change amount measurement unit 102/301, prism driving unit 103/302, determining rotation of prism due to light pathway correction amount, Figs. 1,3, 6-7), and teaches correcting a light pathway change generated due to shaking of a camera with zoom lens by driving a prism (see e.g. paragraphs [13-26, 37-42,52-60]), where zoom lens includes moving lens units to enable zooming function one of which provides variator lens function, (see lens units in Figs. 2-3, paragraphs [13-26, 37-42,52-60]), and further teaches that calculation unit (101) adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor (i.e. as the rotation of prism due to hand-shake, is determined by light pathway change amount measurement unit 101, based on light pathway correction amount including information for zoom lens and zoom magnification and specific focus of the lens, and based on movement amount of the image 208 in the image sensor that changes depending on zoom magnification i.e. focal length, see specifically, paragraphs [24,47, 52-73, 77, 99-116], as depicted in Fig. 7, 1-3, thus providing system for correcting light pathway for lens system at specific focus and zoom magnifications and eliminating various shakings of a camera by driving a curved prism composed of various refraction surfaces).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the image acquisition device to include zooming function to movable lens unit (400) of Kang with one of the plurality of lenses acting as variator lens according to teachings of Cho, and to adapt and modify the driver for image stabilization of image acquisition device of Kang, to include determination of rotation of prism that is based on light pathway correction amount including information for zoom lens and zoom magnifications and specific focus of the lens according to teachings of Cho in order to provide zoom functionality and provide such correcting light pathway for lens system at specific focus and zoom magnifications that eliminates various shakings of the camera by driving the prism as reflection unit (see Cho paragraphs [99-116]).
Specifically, as noted above, Kang does not disclose that the optical member moves in the second direction, the image information rotates about the optical axis direction (i.e. as 600,610 is moved or tilted towards x-direction), that the image information is rotated by the rotational correction amount of the image information and the rotational correction amount is used for making compensation for an angle of rotation of the image information about the optical axis direction, and that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as best understood to the extent of the recited necessary structures required for rotational correction of image information), and
that the calculation unit configured to adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens, based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor, and the change in the rotational correction amount increases when the focal length of the at least one lens increases and decreases when the focal length of the at least one lens decreases (however, the above limitation for calculation unit notes a specific operation step not configuration, and will be treated to the extent of structure and structural features, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)), lastly Kang doesn’t specify that one or more lenses (lens unit 400 with multiple lens units 411) includes a variator lens group (e.g. Figs. 1-3,8).
But as noted above, Yajima teaches in the same field of invention of image pickup device (see Figs. 1-5, having mirror based camera-shake correction system, paragraphs [1,4-8, 9-12]), and further teaches that when the optical member moves in the second direction, the image information rotates about the optical axis direction (i.e. as mirror 1 (22) is moved or tilted in left-right (e.g. horizontal) direction, the image 17 rotates in the sensor or image (CCD) plane, while the image is unaffected, does not rotate in the CCD/ image plane, when mirror mover, tilts in up-down (vertical) direction, and hence any rotational correction amount is zero, see paragraphs [4-8, 9-12], Figs. 1-3). Yajima further teaches that the image information is rotated by the rotational correction amount of the image information and the rotational correction amount is used for making compensation for an angle of rotation of the image information about the optical axis direction (i.e. as due to rotation of CCD 15 in 14 the image is rotates and image is corrected by appropriate amount, paragraphs [9-12]). Finally, Yajima teaches that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction (i.e. as stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, as described above, and since only the vertical movement amount of reflective element mirror 1 does not cause image rotation in the image plane, hence the calculation unit is configured to calculate zero for the rotational correction amount, given that no rotation of image occurs, which is explained and clearly presented in Figs. 1-2 and paragraphs [4-8, 9-12], of Yajima. Hence, it was also noted that correcting when such image rotation occurs is beneficial, as therefore providing image rotation correction by appropriate amount given horizontal movement/tilt of mirror element , such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [4-8, 11-12]). Hence it was noted that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt and modify the image acquisition device with image stabilization function of Kang to include that the image information is rotated by the rotational correction amount with rotation control unit based on image rotation which is only due to detected horizontal (left-right) movement/tilt of shake stabilization mirror according to teachings of Yajima, in order to provide for such image rotation correction by appropriate amount given horizontal movement/tilt of mirror element, such that the rotation of the image is offset by controlling the rotation of the image photoelectric conversion element (paragraphs [4-8, 11-12]). Below are the cited paragraphs of Yajima reproduced:
[0004]
The technology disclosed in the above-mentioned Japanese Patent Laid-Open Publication No. 6-153057 makes it possible to correct vibration in one direction, either vertical or horizontal, but there is a problem in that if corrections are made in both the horizontal and vertical directions at the same time, an image rotation phenomenon occurs.
[0005]
Here, the image rotation phenomenon will be described with reference to FIGS. FIG. 2 is a diagram explaining the correctable area in terms of the relationship between the subject, mirror, and image. In order for the image on lens 17 to move on straight line 18, i.e., for blur correction in the left-right direction to be performed, the light beam between plane 19, whose rotation axis is straight line 18, and plane 21, whose rotation axis is subject 20, must be on intersection 22 of mirror 1. This is only possible when mirror 1 moves in the up-down direction; if mirror 1 moves left-right, i.e., if the normal vector of mirror 1 is tilted left-right, the image will inevitably be tilted.
[0006]
Figures 3 and 4 show the image rotation that occurs when mirror 1 is rotated left and right when the inclination angle of mirror 1is 45 degrees. For example, in Figure 4, if the light ray is tilted 5 degrees, the center moves vertically at a ratio of 4.34/100, and the originally horizontal straight line becomes tilted by 5.01 degrees.
As can be seen from FIG. 4, up to a swing angle of about 30 degrees, the screen tends to tilt in proportion to the swing angle. When the light beam is swung to the maximum angle of 0.5 degrees, which is the maximum angle that is thought to be actually used, the screen will tilt by about 0.5 degrees.
Specifically, Yajima teaches the rotational correction that occurs in shake correction when image is corrected by moving the angled (e.g. by 45 degrees) optical element such as mirror (1) in horizontal manner i.e. left-right, which is the same problem the Applicants are attempting to solve, see specifically paragraphs [04-07]. Moreover, Yajima teaches that the calculation unit is configured to calculate the rotational correction amount without applying the position information in the first direction to the rotational correction amount by determining that an image does not rotate about the optical axis direction when the first position sensor and the second position sensor detect that the mover has only moved in the first direction and not moved in the second direction i.e. given that stabilization 12 and rotation 13 control unit calculate rotational correction amount to rotational drive unit 16 for image rotation correction given detection signals of detectors 8 and 9, given that only the horizontal movement/tilt detected by horizontal detector 8 causes image rotation in image detector CCD, plane, as described above, and since only the vertical movement amount of reflective element mirror 1 does not cause image rotation in the image plane, the calculation unit is configured to calculate zero for the rotational correction amount, given that no rotation of image occurs, which is explained and presented in Figs. 1-2 and paragraphs [4-8, 9-12].
It is noted that Yajima is also not relied upon for disclosing the adjustment by calculation unit for change in the rotational correction amount of the position information according to a change in focal length of the at least one lens. Instead, Cho was used, as Cho teaches in the same field of invention of a system and method of correcting a light pathway by driving a prism (see Figs. 1-7, abstract, e.g. paragraphs [13-26, 37-42,52-60, 61-73,99-116] including the system 101, change amount measurement unit 102/301, prism driving unit 103/302, determining rotation of prism due to light pathway correction amount, Figs. 1,3, 6-7), and teaches correcting a light pathway change generated due to shaking of a camera with zoom lens by driving a prism (see e.g. paragraphs [13-26, 37-42,52-60]), where zoom lens includes moving lens units to enable zooming function one of which provides variator lens function, (see lens units in Figs. 2-3, paragraphs [13-26, 37-42,52-60]), and further teaches that calculation unit (101) adjusts a change in the rotational correction amount of the position information according to a change in focal length of the at least one lens based on an increase or decrease in a size of a shake region corresponding to an overall size or area of the image sensor (i.e. as the rotation of prism due to hand-shake, is determined by light pathway change amount measurement unit 101, based on light pathway correction amount including information for zoom lens and zoom magnification and specific focus of the lens, and based on movement amount of the image 208 in the image sensor that changes depending on zoom magnification i.e. focal length, see specifically, paragraphs [24,47, 52-73, 77, 99-116], as depicted in Fig. 7, 1-3, thus providing system for correcting light pathway for lens system at specific focus and zoom magnifications and eliminating various shakings of a camera by driving a curved prism composed of various refraction surfaces). Hence, as noted it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the image acquisition device to include zooming function to movable lens unit (400) of Kang with one of the plurality of lenses acting as variator lens according to teachings of Cho, and to adapt and modify the driver for image stabilization of image acquisition device of Kang, to include determination of rotation of prism that is based on light pathway correction amount including information for zoom lens and zoom magnifications and specific focus of the lens according to teachings of Cho in order to provide zoom functionality and provide such correcting light pathway for lens system at specific focus and zoom magnifications that eliminates various shakings of the camera by driving the prism as reflection unit (see Cho paragraphs [99-116]).
Applicant’s argument that Cho cannot be used as Cho does not use Hall sensors for motion detection, is not persuasive. The sensor functionality and the calculation/driving unit are taught by the Primary reference of Kang. The adaptation to the driver for image stabilization of image acquisition device of Kang, to include determination of rotation of prism that is based on light pathway correction amount including information for zoom lens and zoom magnifications and specific focus of the lens according to teachings of Cho, providing zoom functionality, and to provide such correcting light pathway for lens system at specific focus and zoom magnifications that eliminates various shakings of the camera by driving the prism as reflection unit (see Cho paragraphs [99-116]). Hence, other elements of Cho were not used or bodily incorporated into image acquisition device of Kang. Specifically, Applicant’s arguments of the unworkability of the combination, due to actual structure of Cho, appear to be based on a literal application of the actual structure of Cho to the actual structure of Kang. However, that is not the proper standard for the analysis required under 35 USC 103(a). The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Keller at 881, goes on to revisit the long history of the U.S. Court of Customs and Patent Appeals (CCPA) regarding the nature of suggestion established by the combined teachings of the references rather than the actual results of a physical, bodily incorporation:
To justify combining reference teachings in support of a rejection it is not necessary that a device shown in one reference can be physically inserted into the device shown in the other. In re Griver, 53 CCPA 815, 354, F.2d 377, 148 USPQ 197 (1966); In re Billingsley, 47 CCPA 1108, 279 F.2d 689, 126 USPQ 370 (1960). The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. In re Wood, 599 F.2d 1032, 202 USPQ 171 (CCPA 1979); In re Passal, 57 CCPA 1151, 426 F.2d 828, 165 USPQ 720 (1970); In re Richman, 57 CCPA 1060, 424 F.2d 1388, 165 USPQ 509 (1970); In re Rosselet, 52 CCPA 1533, 347 F.2d 847, 146 USPQ 183 (1965).
The structure taught in the combined teachings of the references, as set forth above, is a proper combination. Because the structure of the combined system is the same as that claimed, it must inherently perform the same function of determination of rotation of prism that is based on light pathway correction amount that also includes information for zoom lens and zoom magnifications i.e. with specific focus of the zoom lens. See MPEP § 2112.01.
In response to Applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Lastly, it is noted that "[t]he use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968))." MPEP §2123.
Therefore, Applicant’s arguments are not found persuasive.
The same answers also apply to claim 10.
No additional substantial arguments were presented after page 13 of the Remarks dated 06/10/2026.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jang WO 2020076112 A1 and also as US 20210389551 A1, teaches features of instant invention including that zoom lens unit includes movable lens units such as variator and compensator (see Figs. 3-5, 13 and their descriptions).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872
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