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 06/19/2025 has been entered. Claims 1-6, 8-14 and 16-20 are now pending in the application. Claims 1, 9 and 17 have been amended and claims 7 and 15 have been canceled by the Applicant. Previous claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been partially withdrawn in light of Applicant’s amendments to claims 1, 9 and 17 and cancelation of claims 7 and 15.
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 CN 202211062697.6, filed 08/31/2022 (China).
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 § 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 1-6, 8-14, 16-20 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.
Claims 1, 9 and 17 recite the claim limitation where “a magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base”. However, this phrase limitation is confusing because it is unclear how it can be treated, specifically, since some magnetic member or any member having some magnetic permeability is attracted to another magnet, but it is unclear how and why would this cause other elements “to fixed to” one another? Specifically, it is unclear why and how is this attractions between the magnet that is fixed to the base, and the magnetic member causing the carrier member “to fixed to base”, especially since the placement or any location of the magnetic member is not recited? Can this effect be done through other members or media, or through direct interaction or contact, or in some other way? Secondly, it is unclear given the above limitation where due to attractive magnetic interaction of the magnet and the magnetic element the carrier member [is] to fixed to base, can the carrier member also be movably connected to the base, as required by the claim?
For the purposes of examination, the above limitation will be treated broadly such that the magnetic element can be placed somewhere in the voice coil motor device, and the magnetic member as some magnetic permeable or magnetizable member is attracted to (another ) magnet, and where carrier member can be connected and therefore fixed or movable fixed to the base. It is suggested to amend the claim and provide explanations in order to remove the indefiniteness issues.
Claims 1, 9 and 17 recite the claim limitation where “when the coil is energized, the second magnetic field interacts with the first magnetic field, the carrier member is separatable from the base” in last 2 lines of each of the claims. However, this limitation is confusing because it is unclear how it can be interpreted given that it starts with conditional and time-dependent term “when”, which renders the limitation as a whole to be conditional and time dependent, and not positively recited since it depends on some action executed, but it is unclear when and how, or by whom is the coil energized? Moreover, the current in the coil controls the magnetic field outside the coil, and the orientation, magnetization of magnet determines the magnetic field lines of the magnet, and given that the coil is on carrier that is movably connected to the base the carrier is also separatable from the base. For the purposes of examination, the above limitation will be treated broadly such that the magnetic fields can be different given the direction of applied current in the coil and arrangement of the magnet in the base, and where the carrier is always separable from the base since it is movably connected to the base. It is suggested to amend the claim and provide explanations if different meanings are sought and in order to remove the indefiniteness issues.
Claims 2-6,8 depend on claim 1 and therefore inherit the same deficiencies.
Claims 10-14, 16 depend on claim 9 and therefore inherit the same deficiencies.
Claims 18-20 depend on claim 17 and therefore inherit the same deficiencies.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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 1-6, 8-14, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al. (hereafter Shen, of record, see IDS dated 05/22/2023) CN 107040120 A (where attached English language machine translation is referenced) in view of Wu et al. (hereafter Wu, of record) 20210191068.
In regard to independent claim 1, 9 and 17 Shen teaches (see Figs. 1-5) an electronic device comprising: a lens module comprising: a voice coil motor (as mobile phone electronic device with camera that includes voice coil motor VCM that drives and adjusts lens position for auto-focus function, see title, abstract, paragraphs [2-17, 26-32]) comprising:
a base (5, paragraphs [10-17, 26-32], e.g. Figs. 1, 4);
a magnet fixed to the base (magnet B as 7(B) fixed on 5, paragraphs [10-17, 26-32], e.g. Figs. 1, 4), the magnet configured to generate a first magnetic field (as 7(B) generates magnetic field, paragraphs [04-5, 31]);
a carrier movably connected to the base (as the drive bracket 3 with lens is suspended on base, paragraphs [10-17, 26-32], e.g. Figs. 1, 4); and
a coil fixed to the carrier (i.e. as coil A as 6(A) on 3, paragraphs [10-17, 26-32], e.g. Figs. 1, 4), the coil configured to generate a second magnetic field when the coil is energized (i.e. as coil 6(A) produces magnetic field when the coil 6(A) is energized i.e. current is applied to the coil 6(A), e.g. paragraphs [04-5, 28,31]), and a direction of the second magnetic field being different from a direction of the first magnetic field (i.e. as best understood given the 112(b) issues noted above, depending on current direction in the coil and local position around the magnet-coil system, e.g. magnet 7(B) and coil 6(A) can repel other, or have locally different magnetic fields as vectors e.g. in direction and magnitude, paragraphs [04-5, 31,28], Figs. 1, 4),
wherein when the coil is energized, the second magnetic field interacts with the first magnetic field, the carrier member is separatable from the base (i.e. as energized coil 6(A) i.e. current is applied to the coil 6(A) drives the bracket 3 in up and down movement from the base 5 for focusing, e.g. paragraphs [04-5, 28,31]).
But Shen is silent regarding a magnetic member attracted by the magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base (including the noted 112(b) issues above) and also that coil fixed the magnetic member (as best understood given the above 112(b) issues).
However, Wu teaches in the same field of invention of optical element driving mechanism (see Figs. 1-10, Abstract, paragraphs [02-08, 22-31, 50-56]) and further teaches a magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base (including the noted 112(b) issues above) and also that coil fixed to the magnetic member (i.e. as magnetic permeable element 870,970 on movable part 812 and fixed with coil 892, is above and configured to be attracted by e.g. second magnet 891 which is on the base fixed part 811,920, and where 870,970 is fixed/glued with coil 892 and in recesses 863 of holder 860 of movable part 812, see variant in Figs. 9-10, and Figs. 1-2 for reference, paragraphs [24-31, 50-56] allowing the magnetic permeable element 870,970 to be attracted to magnet 891 given that magnetic permeable member is of material that can be easily magnetized when exposed to an external magnetic field, and thus able to concentrate magnetic field lines of the magnetic element 891 to enhance the generated magnetic force, therefore achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see paragraphs [52, 55-57]).
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 movable part, drive bracket of Shen to include magnetic permeable element fixed with coil on the movable part above the magnet on fixed part, base according to teachings of Wu in order to allow the magnetic permeable element to attract the magnet, and concentrate magnetic field lines of the magnetic element to enhance the generated magnetic force, and to achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see Wu e.g. paragraphs [52, 55-57]).
As a result of the combination, the Shen-Wu combination also teaches and renders obvious that the magnetic member, i.e. magnetic permeable element (870) as applied to moving bracket 3 with coil 6(A) of Shen configured to be attracted by the magnet 7(B) which is in the base 5, because magnetic permeable element (applied 870,970) is attracted to magnet 7(B) given that magnetic permeable member is of material that can be easily magnetized when exposed to an external magnetic field in this case of magnet 7(B), and thus able to attract and concentrate magnetic field lines of the magnetic element 7(B) to enhance the generated magnetic force, therefore achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see paragraphs [52, 55-57]), causing the carrier member to fixed to the base, as there is magnetic attraction between allied magnetic permeable element 870 in the carrier 3 and the magnet 7(B) in the base 5 (e.g. see Shen paragraphs [10-17, 26-32], e.g. Figs. 1, 4).
Regarding claim 2, 10 and 18, the Shen -Wu combination teaches the invention as set forth above and Shen teaches (see Figs. 1-5) the magnetic member is disposed on a surface of the carrier facing the magnet (as permeable magnetic element is on bottom surface drive bracket 3 facing magnet 7(B), paragraphs [10-17, 26-32], e.g. Figs. 1, 4, as per combination with Wu it is on 812 in recess 863 of 860, Figs. 8-9, paragraphs [24-31, 50-56]).
Regarding claim 3, 11 and 19, the Shen -Wu combination teaches the invention as set forth above and Shen teaches (see Figs. 1-5) further comprising an upper elastic piece and a lower elastic piece (upper and lower spring sheets 2, 4, paragraphs [10-17, 26-32], e.g. Figs. 1, 4), wherein the upper elastic piece and the lower elastic piece are fixed on opposite surfaces of the carrier (as 2, 4 fixed on opposite surfaces of 3, paragraphs [10-17, 26-32], e.g. Figs. 1, 4); the upper elastic piece and the lower elastic piece are further fixed on the base, and the carrier and the base are connected to each other through the upper elastic piece and the lower elastic piece (as 2, 4 fixed on 5, and 3 is connected to 5 through 2,4, e.g. paragraphs [10-17, 26-32], e.g. Figs. 1, 4).
Regarding claim 4, 12 and 20, the Shen -Wu combination teaches the invention as set forth above and Shen teaches (see Figs. 1-5) that the base comprises a bottom plate and a plurality of supporting columns (as 5 has bottom plate and columns in corners, as depicted in Figs. 1,4-5, paragraphs [10-17, 26-32]), the plurality of supporting columns is fixed on the bottom plate, the lower elastic piece is fixed on the bottom plate, and the upper elastic piece is fixed on the plurality of supporting columns ( as columns are fixed in corners on 5 and 4 is fixed on 5 and 2 is fixed on columns, as depicted in Figs. 4,1,5, paragraphs [10-17, 26-32]).
Regarding claim 5 and 13, the Shen -Wu combination teaches the invention as set forth above and Shen teaches (see Figs. 1-5) that a groove is defined on the base, and at least a portion of the magnet is accommodated in the groove (i.e. as base 5 has a groove 51 for magnet e.g. 7(B), paragraphs [15, 27], e.g. Figs. 1, 4).
Regarding claim 6 and 14, the Shen -Wu combination teaches the invention as set forth above and Shen teaches (see Figs. 1-5) an outer surface of the carrier defines a receiving part, and at least a portion of the coil is received in the receiving part (i.e. as coil 6(A) is on mover drive bracket 3 on receiving outer surface part, paragraphs [26-280, as depicted in Figs. 1, 4), but doesn’t specify that the receiving part is a groove. However, Wu teaches that outer surface of the carrier defines a receiving groove, and at least a portion of the coil is received in the receiving groove (i.e. as outer surface of 812, 860 has groove, recess 863 for receiving the coil 892, as depicted in Figs. 9-10,8 for reference, paragraphs [24-31, 50-56], allowing the coil and magnetic element to be disposed, glued in the movable holder 860,812, see Figs. 8-10, paragraphs [33, 50-56]). 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 outer surface of mover drive bracket of Shen to include groove, recess in which the coil is disposed according to teachings of Wu in order to allow the coil and magnetic element to be disposed and fixed on the movable holder (see Wu, e.g. paragraphs [33, 50-56]).
Regarding claim 8 and 16, the Shen -Wu combination teaches the invention as set forth above and Shen teaches (see Figs. 1-5) further comprising a case covering the base (yoke cover plate 1, paragraphs [26-28], as depicted in Figs. 1-5).
Response to Arguments
Applicant's arguments filed in the Remarks dated 06/17/2025 regarding independent claims 1, 9 and 17 have been fully considered but they are not persuasive.
Specifically, the Applicant’s argues that the amended feature in claim 8, presumably in independent claims 1, 9, and 17 e.g. ““a magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base”; “the coil configured to generate a second magnetic field when the coil is energized”; and “when the coil is energized, the second magnetic field interacts with the first magnetic field, the carrier member is separatable from the base”, are not taught in Shen or Wu, as the functional relationship between the magnet B and the coil A of Shen is different from that in the application, and since the magnetic-permeable elements 1-870 in Wu are used to enhance the magnetic force of the first magnetic element 1-881 and the second magnetic element 1-891. The Examiner respectfully disagrees. With respect to the above issue, as noted in the rejections above the cited prior art of Shen teaches most and in combination with the cited prior art of Wu teaches and renders obvious all features of claim 1 (and 9, 17), as Shen teaches (see Figs. 1-5) an electronic device comprising: a lens module comprising: a voice coil motor (as mobile phone electronic device with camera that includes voice coil motor VCM that drives and adjusts lens position for auto-focus function, see title, abstract, paragraphs [2-17, 26-32]) comprising:
a base (5, paragraphs [10-17, 26-32], e.g. Figs. 1, 4);
a magnet fixed to the base (magnet B as 7(B) fixed on 5, paragraphs [10-17, 26-32], e.g. Figs. 1, 4), the magnet configured to generate a first magnetic field (as 7(B) generates magnetic field, paragraphs [04-5, 31]);
a carrier movably connected to the base (as the drive bracket 3 with lens is suspended on base, paragraphs [10-17, 26-32], e.g. Figs. 1, 4); and
a coil fixed to the carrier (i.e. as coil A as 6(A) on 3, paragraphs [10-17, 26-32], e.g. Figs. 1, 4), the coil configured to generate a second magnetic field when the coil is energized (i.e. as coil 6(A) produces magnetic field when the coil 6(A) is energized i.e. current is applied to the coil 6(A), e.g. paragraphs [04-5, 28,31]), and a direction of the second magnetic field being different from a direction of the first magnetic field (i.e. as best understood given the 112(b) issues noted above, depending on current direction in the coil and local position around the magnet-coil system, e.g. magnet 7(B) and coil 6(A) can repel other, or have locally different magnetic fields as vectors e.g. in direction and magnitude, paragraphs [04-5, 31,28], Figs. 1, 4),
wherein when the coil is energized, the second magnetic field interacts with the first magnetic field, the carrier member is separatable from the base (i.e. as energized coil 6(A) i.e. current is applied to the coil 6(A) drives the bracket 3 in up and down movement from the base 5 for focusing, e.g. paragraphs [04-5, 28,31]).
But Shen is silent regarding a magnetic member attracted by the magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base (including the noted 112(b) issues above) and also that coil fixed the magnetic member (as best understood given the above 112(b) issues).
However, Wu teaches in the same field of invention of optical element driving mechanism (see Figs. 1-10, Abstract, paragraphs [02-08, 22-31, 50-56]) and further teaches a magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base (including the noted 112(b) issues above) and also that coil fixed to the magnetic member (i.e. as magnetic permeable element 870,970 on movable part 812 and fixed with coil 892, is above and configured to be attracted by e.g. second magnet 891 which is on the base fixed part 811,920, and where 870,970 is fixed/glued with coil 892 and in recesses 863 of holder 860 of movable part 812, see variant in Figs. 9-10, and Figs. 1-2 for reference, paragraphs [24-31, 50-56] allowing the magnetic permeable element 870,970 to be attracted to magnet 891 given that magnetic permeable member is of material that can be easily magnetized when exposed to an external magnetic field, and thus able to concentrate magnetic field lines of the magnetic element 891 to enhance the generated magnetic force, therefore achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see paragraphs [52, 55-57]).
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 movable part, drive bracket of Shen to include magnetic permeable element fixed with coil on the movable part above the magnet on fixed part, base according to teachings of Wu in order to allow the magnetic permeable element to attract the magnet, and concentrate magnetic field lines of the magnetic element to enhance the generated magnetic force, and to achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see Wu e.g. paragraphs [52, 55-57]).
Specifically, Shen expressly teaches that the coil is configured to generate a second magnetic field when the coil is energized (i.e. as coil 6(A) produces magnetic field when the coil 6(A) is energized i.e. current is applied to the coil 6(A), e.g. paragraphs [04-5, 28,31]), and that when the coil is energized, the second magnetic field interacts with the first magnetic field, the carrier member is separatable from the base (i.e. as energized coil 6(A) i.e. current is applied to the coil 6(A) drives the bracket 3 in up and down movement from the base 5 for focusing, e.g. paragraphs [04-5, 28,31]).
As noted Shen is silent regarding a magnetic member attracted by the magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base (including the noted 112(b) issues above) and also that coil fixed the magnetic member (as best understood given the above 112(b) issues).
Hence Wu was used as Wu teaches in the same field of invention of optical element driving mechanism (see Figs. 1-10, Abstract, paragraphs [02-08, 22-31, 50-56]) and further teaches a magnetic member configured to be attracted by the magnet, causing the carrier member to fixed to the base (including the noted 112(b) issues above) and also that coil fixed to the magnetic member (i.e. as magnetic permeable element 870,970 on movable part 812 and fixed with coil 892, is above and configured to be attracted by e.g. second magnet 891 which is on the base fixed part 811,920, and where 870,970 is fixed/glued with coil 892 and in recesses 863 of holder 860 of movable part 812, see variant in Figs. 9-10, and Figs. 1-2 for reference, paragraphs [24-31, 50-56] allowing the magnetic permeable element 870,970 to be attracted to magnet 891 given that magnetic permeable member is of material that can be easily magnetized when exposed to an external magnetic field, and thus able to concentrate magnetic field lines of the magnetic element 891 to enhance the generated magnetic force, therefore achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see paragraphs [52, 55-57]).
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 movable part, drive bracket of Shen to include magnetic permeable element fixed with coil on the movable part above the magnet on fixed part, base according to teachings of Wu in order to allow the magnetic permeable element to attract the magnet, and concentrate magnetic field lines of the magnetic element to enhance the generated magnetic force, and to achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see Wu e.g. paragraphs [52, 55-57]). As a result of the combination, the Shen-Wu combination also teaches and renders obvious that the magnetic member, i.e. magnetic permeable element (870) as applied to moving bracket 3 with coil 6(A) of Shen configured to be attracted by the magnet 7(B) which is in the base 5, because magnetic permeable element (applied 870,970) is attracted to magnet 7(B) given that magnetic permeable member is of material that can be easily magnetized when exposed to an external magnetic field in this case of magnet 7(B), and thus able to attract and concentrate magnetic field lines of the magnetic element 7(B) to enhance the generated magnetic force, therefore achieve displacement correction and the displacement compensation in miniaturized optical element driving mechanism (see paragraphs [52, 55-57]), causing the carrier member to fixed to the base, as there is magnetic attraction between allied magnetic permeable element 870 in the carrier 3 and the magnet 7(B) in the base 5 (e.g. see Shen paragraphs [10-17, 26-32], e.g. Figs. 1, 4).
Therefore the cited prior art of Shen teaches most and in combination with the cited prior art of Wu teaches and renders obvious all features of claim 1 as well of claims 9 and 17).
No additional substantial arguments were presented after page 12 of the Remarks dated 06/17/2025.
Regarding Applicant’s statements for the 112(b) rejections it is noted that previous 112(b) rejections were overcome in part, however the amended claim still raise additional 112(b) issues as presented above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached on (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/ Primary Examiner, Art Unit 2872
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