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 and the Request for Continuing Examination filed on 11/12/2025 have been entered. Claims 1, 3-21 are now pending in the application. Claims 1,3,8,11,17 and 19 have been amended and new claim 21 has been added by the Applicant.
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. 201.04, 210, 214.03, acknowledgement is made of applicant’s claim for priority based on Provisional Application US 63/266034, filed 12/27/2021.
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, 3-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (hereafter Hu, of record) US 20210149143 A1.
In regard to independent claim 1, Hu teaches (see e.g. Figs. 1-7,102-138 ) an optical element driving mechanism (optical element driving mechanism, 10, 20, 6-100, 7-100, 8-100, 10-100, 11-100, 12-100, see abstract, paragraphs [2-14, 135-142, 536-551, 580-593, 630-645], where mostly examples 10-100, 11-100, 12-100 are referenced for brevity, but all examples are applied) comprising:
a fixed assembly (fixed part 10-10 hereafter 10, equivalents e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
a movable part (e.g. optical element 10-110 connected to parts of movable part 10-20 connected and contacting 10-40, hereafter 110, and 20,40, and equivalents e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), wherein the movable part is movable relative to the fixed assembly (i.e. as 110, and 20,40 move relative to 10, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
a driving assembly (10-30, hereafter 30, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), configured to drive the movable part to move relative to the fixed assembly (30 drives 110 also 20 relative to 10, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
wherein the optical element driving mechanism (e.g. 10, 11, 12) further comprises a holding assembly (i.e. 40 connected with parts of 20, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), and the driving assembly drives the movable part to move relative to the fixed assembly by the holding assembly (30 drives 110 with 20 to move relative to 10 by 40 and with parts of 20, see e.g. paragraphs [536-551, 580-593, 630-645], as depicted in Figs.104-110,120-125, 132-137);
wherein the driving assembly comprises a counterweight, a piezoelectric element and a driving member (as 30 comprises counter weight 33, electromechanical converting element i.e. piezoelectric element 31,311, and driving transmission 32 e.g. paragraphs [536-558, 580-593, 630-645], Figs.104-110,120-125, 132-137), the piezoelectric element is connected to the counterweight, and the driving member is connected to the piezoelectric element (as 31,311 is connected to 33, and 32 is connected to 31,311, as depicted in e.g. Figs. 105, 108, paragraphs [536-558, 580-593, 630-645]);
the holding assembly is disposed on the driving member (i.e. 40, with parts of 20 is disposed on driving transmission 10-32, e.g. paragraphs [536-553, 580-593, 630-645], Figs.104-110,120-125, 132-137);
the holding assembly (40 with parts of 20) has a plate-shaped structure (as plate structures of 20, 40, in 21,22, and 40 e.g. 10-41,42 as clearly depicted in Figs. 105,108-111, e.g. paragraphs [542-563]); the holding assembly includes a bottom plate, a first side plate and a second side plate (as bottom/upper plate with side plates of 10-22, and 10-21, 10-40 as depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
the bottom plate has a flat plate-shaped structure (i.e. as best understood, bottom plate of 10-22, and bottom plate of 10-40, e.g. 10-412,422, Figs. 105,108-111, e.g. paragraphs [542-563]);
the first side plate is bent from the bottom plate and extends from the bottom plate toward the second side plate (as side plates of 10-22, 10-21,10-40 extend from bottom/upper plate towards each other e.g. 10-414,411 extends from 110-412 and is bent towards e.g. 10-421; and/or one side 10-221extends from 10-22 and bends/curves towards other side 10-221, Figs. 105,108-111, e.g. paragraphs [542-563]);
the second side plate is bent from the bottom plate and extends from the bottom plate toward the first side plate (as side plates of 10-22, 10-21,10-40 extend from bottom/upper plate towards each other, e.g. 10-424,421 extends from 10-422 and is bent towards e.g. 10-411 and/or other side 10-221extends from 10-22 and bends/curves towards one side depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
the bottom plate, the first side plate and the second side plate are integrally formed as one piece (as side plates of 10-22 and bottom/upper plate are one piece, and plates and bottom side of 21, 40 are formed integrally forming one piece e.g. as 10-412,411,422,421 and 10-22,221,221 are formed integrally forming as one piece as depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
wherein the driving member has a long strip-shaped structure (10-32 has elongated strip-shaped structure, paragraphs [551-552], Figs. 105, 108-115), and extends along a first axis (as 10-30 includes driving transmission 10-32 extending along first axis 10-D1, paragraphs [551-562], e.g. Figs. 105,108-115);
wherein when viewed along the first axis, the movable part does not overlap with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along first axis 10-D1, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645]);
wherein when viewed along a second axis, the movable part does not overlap with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along second axis 10-D2, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137);
wherein when viewed along a third axis, the movable part does not partially overlaps with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along third axis 10-D3 direction as 110 and 40 are offset along D1 they don’t overlap along 10-D3 viewing direction, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137); and
wherein the first axis, the second axis, and the third axis are perpendicular to each other (i.e. as first, second and third axes 10-D1,10-D2,10-D3 are perpendicular to each other, e.g. Fig. 107-110, 112, paragraphs [539-541,548-551,571-572]).
Hu thus teaches the claimed invention except that in the same 10th embodiment of optical element driving mechanism (10-100) that when viewed along a third axis, the movable part partially overlaps with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along first third 10-D3 as 110 and 40 are offset along D1 they don’t overlap along 10-D3 viewing direction, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137).
However, Hu does teach in similar equivalent 11th embodiment of optical element driving mechanism (i.e. above cited 11-100, e.g. paragraphs [580-593, 630-645], Figs.120-125) that when viewed along a third axis, the movable part partially overlaps with the holding assembly (i.e. as optical element 11-110 connected to movable holding part 11-20,21 via connecting structure 11-211 on side 11-214 of elastic element 11-21, as 11-110 partially overlaps with 11-214 of 11-21 in vertical 11-D2 direction as depicted in Figs.121-125, e.g. paragraphs [580-593, 630-645], providing physical connection of optical element moving part 111-110 with movable holding part 11-21 through connecting structure 11-211, paragraphs [585-588]).
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 optical element movable of 10th embodiment of Hu to extend and partially overlap with movable holding part with connecting structure of 11th embodiment of Hu in order to provide physical connection of optical element moving part with movable holding part through connecting structure, (see Hu, paragraphs [585-588]).
Regarding claim 3, Hu teaches (see e.g. Figs. 1-7,102-138 ) that when viewed along the first axis, the driving member has a circular structure (10-32 has circular structure as viewed in 10-D1 first axis, paragraphs [551-552], Figs. 105, 108-115); the bottom plate, the first side plate and the second side plate are respectively in contact with the driving member (i.e. as side and top plates of 10-22 are in contact with transmission member 10-32 through 21, 40, see e.g. paragraphs [542-562], e.g. Figs. 105,108-115).
Regarding claim 4, Hu teaches (see e.g. Figs. 1-7,102-138 ) that a holding opening is formed between the first side plate and the second side plate (i.e. as opening of 22, 40, between side plates of 22, 44, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); the holding opening faces a base wall of a base of the fixed assembly (i.e. as 22, 40 opening faces wall of base 10-11 of fixed 10-10, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); when viewed along the first axis, an included angle between the first side plate and the bottom plate is between 30 degrees and 70 degrees (i.e. as along 10-D1, angle of one side pate of 22 with bottom is in that range, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); and when viewed along the first axis, an included angle between the first side plate and the second side plate is greater than 40 degrees and less than or equal to 120 degrees (i.e. as along 10-D1, angle of side pates of 22 or 40 is in that range, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]).
Regarding claim 5, Hu teaches (see e.g. Figs. 1-7,102-138 ) that when viewed along the first axis, the first side plate is in contact with the driving member at a first contact point; when viewed along the first axis, the second side plate is in contact with the driving member at a second contact point (i.e. as contact points of each of side plate of 40 e.g. contacting portions 41,42 and members 411,421 with driving transmission 10-32, best depicted in Figs. 109,105-111, paragraphs [559-562]); and a shortest distance between the first contact point and a first end portion of the first side plate is less than or equal to 0.4 mm; a shortest distance between the second contact point and a second end portion of the second side plate is less than or equal to 0.4 mm (i.e. as shortest distance from each contact of 411, 421 to respective end of 411,421 in above range given relative size of driving mechanism and it’s parts, and movable range of 1 mm, depicted in Figs. 109,105-111, paragraphs [477-478, 531, 559-562]).
In the alternative that Hu teaches close but not exact size of above contact members contacting the transmission driver, it would be obvious to adjust the sizes of contacting portions contacting the transmission element and elastic element of Hu to the above range in order to provide that first and second contacting portions and members may be affixed to the elastic element more easily, and so that the effect of miniaturization may be achieved (see Hu paragraphs [561-562]), and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
Regarding claim 6, Hu teaches (see e.g. Figs. 1-7,102-138 ) that when viewed along the first axis, the first side plate is symmetrical to the second side plate; and when viewed along the first axis, the first side plate and/or the second side plate have an arc-shaped structure (i.e. as along 10-D1, side pates of 22 or 40, including 41,42 are symmetrical and have arc shape, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]).
Regarding claim 7, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the movable part has a front side portion and a rear side portion (i.e. as front and rear side portions of 10-110, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion is connected to the front side portion (i.e. as front and rear side portions of 10-110 are connected, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion and the front side portion are integrally formed as one piece (i.e. as front and rear side portions of 10-110 are integrally formed of one piece, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); and the bottom plate is fixedly connected to the rear side portion (i.e. as bottom/upper plate of 10-20, 10-22 is fixedly connected to rear side portion of 10-110 via/at 10-23, 10-211, 10-110e and 10-38, Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]).
Regarding claim 8, Hu teaches (see e.g. Figs. 1-7,102-138 ) that a plurality of first through holes is formed on the rear side portion (i.e. as 10-110 has through holes fixing structures 10-110e and on optical body 10-110a, as depicted in e.g. Figs. 105,108,117, paragraphs [570-576]); each first through hole extends along the first axis (i.e. extend along first 10-D1 axis, as depicted in Figs. 108, 117); and the first through holes are arranged along the second axis (i.e. arranged along second/third 10-D2 and/or 10-D3 axis, as depicted in Figs. 108, 117); the second axis is perpendicular to the first axis (as 10-D1 and 10-D2 and 10-D3 are perpendicular to one another, Figs. 108, 117).
Regarding claim 9, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the optical element driving mechanism further comprises an adhesive element configured to be accommodated in the first through holes and contact the bottom plate so that the rear side portion is adhered to the bottom plate (i.e. as fifth connecting element 10-38 in 10-110e of 10-110a for contact of bottom/upper plate of 10-22 with 10-23, as depicted in Figs. 105, 117-118, paragraphs [551, 576, 145]).
Regarding claim 10, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the movable part has a material (i.e. as optical member 10-110 has solid material, paragraphs [536,542,547,550], Figs. 105, 108-118) ; the holding assembly has a metal material (i.e. as 10-22,10-40 has 10-40 made of metal paragraphs [558-559], Fig. 105, 108); the movable part has a front side portion and a rear side portion (i.e. as front and rear side portions of 10-110, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion is connected to the front side portion (i.e. as front and rear side portions of 10-110 are connected, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion and the front side portion are integrally formed as one piece (i.e. as front and rear side portions of 10-110 are integrally formed of one piece, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); and the bottom plate is fixedly connected to the rear side portion (i.e. as bottom/upper plate of 10-20, 10-22 is fixedly connected to rear side portion of 10-110 via/at 10-23, 10-211, 10-110e and 10-38, Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]), but embodiment 10 of Hu is not specific that the optical member/movable member (10-110) has a metal material. However, embodiment 9 of Hu teaches that movable member has metal material (i.e. optical member 9-R is made of metal paragraphs [521-522], Figs. 95-97, preventing damage by impact). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify metal material for the material of movable optical member in embodiment 10 of Hu according to teachings of 9 embodiment of Hu, in order to prevent damage to optical member by impact, paragraphs [521-522]).
Regarding claim 11, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the rear side portion has a hole (i.e. as rear of 10-110 has hole fixing structures 10-110e and on optical body 10-110a, as depicted in e.g. Figs. 105,108,117, paragraphs [570-576]); when viewed along a third axis, the hole has a rectangular structure (i.e. as along 10-D2 axis hole has rectangular structure, as depicted in e.g. Figs.108,117, paragraphs [570-576]); when viewed along the third axis, the hole is formed by four inner edges of the rectangular structure (i.e. as along 10-D2 axis hole has 4 inner edges, as depicted in e.g. Figs.108,117, paragraphs [570-576]); the four inner edges are affixed to the bottom plate by laser welding; and the third axis is perpendicular to the first axis (i.e. as 10-110 is fixed to 10-20,10-22 by connecting element 10-38, and 10-D2 is perpendicular to 10-D1 axis, Figs. 105, 108, 117, e.g. paragraphs [551, 576, 145], where the further limitations of claim 11 are directed to method steps of making the device, and it could have been made using an alternative method such as spot welding, plasma welding, adhesive melting etc. The method limitations are not germane to patentability pursuant to MPEP §2112.02, since it has been held that “'[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.' In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).”).
Regarding claim 12, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the movable part has a front side portion and a rear side portion (i.e. as front and rear side portions of 10-110, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion is connected to the front side portion (i.e. as front and rear side portions of 10-110 are connected, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion and the front side portion are integrally formed as one piece (i.e. as front and rear side portions of 10-110 are integrally formed of one piece, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); and the bottom plate and the rear side portion are integrally formed as one piece (i.e. as bottom/upper plate of 10-20, 10-22 is formed with to rear side portion of 10-110 forming one integrated piece, Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575], note that the claim limitations is treated broadly not requiring that the one piece needs to be one single piece of same material e.g. bent metal structure or alike).
Regarding claim 13, Hu teaches (see e.g. Figs. 1-7,102-138 ) that a holding opening is formed between the first side plate and the second side plate (i.e. as opening of 22, 40, between side plates of 22, 44, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); the holding opening faces a side wall of a base of the fixed assembly (i.e. as 22, 40 opening faces base side wall of base 10-11 of fixed 10-10, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); when viewed along the first axis, an included angle between the first side plate and the bottom plate is between 30 degrees and 70 degrees (i.e. as along 10-D1, angle of one side pate of 22 with bottom is in that range, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); and when viewed along the first axis, an included angle between the first side plate and the second side plate is greater than 40 degrees and less than or equal to 120 degrees (i.e. as along 10-D1, angle of other side pates of 22 or 40 is in that range, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]).
Regarding claim 14, Hu teaches (see e.g. Figs. 1-7,102-138 ) that when viewed along the first axis, the first side plate is in contact with the driving member at a first contact point; when viewed along the first axis, the second side plate is in contact with the driving member at a second contact point (i.e. as contact points of each of side plate of 40 e.g. contacting portions 41,42 and members 411,421 with driving transmission 10-32, best depicted in Figs. 109,105-111, paragraphs [559-562]); a shortest distance between the first contact point and a first end portion of the first side plate is less than or equal to 0.6 mm; and a shortest distance between the second contact point and a second end portion of the second side plate is less than or equal to 1 mm (i.e. as shortest distance from each contact of 411, 421 to respective end of 411,421 in above range given relative size of driving mechanism and it’s parts, and movable range of 1 mm, depicted in Figs. 109,105-111, paragraphs [477-478, 531, 559-562]).
In the alternative that Hu teaches close but not exact size of above contact members contacting the transmission driver, it would be obvious to adjust the sizes of contacting portions contacting the transmission element and elastic element of Hu to the above range in order to provide that first and second contacting portions and members may be affixed to the elastic element more easily, and so that the effect of miniaturization may be achieved (see Hu paragraphs [561-562]), and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
Regarding claim 15, Hu teaches (see e.g. Figs. 1-7,102-138 ) that when viewed along the first axis, a length of the first side plate is different from a length of the second side plate (i.e. as along 10-D1, side pates of 22 or 40, including 41,42 have different inside and outside lengths, as depicted in e.g. Figs. 105,108-111, paragraphs [547-562]); and when viewed along the first axis, the length of the first side plate is less than the length of the second side plate (i.e. as along 10-D1, side pates of 22 or 40, e.g. inside length of 41 is less than length of outside of 42 , as depicted in e.g. Figs. 108-111, paragraphs [547-562])
Regarding claim 16, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the movable part has a front side portion and a rear side portion (i.e. as front and rear side portions of 10-110, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion is connected to the front side portion (i.e. as front and rear side portions of 10-110 are connected, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); the rear side portion and the front side portion are integrally formed as one piece (i.e. as front and rear side portions of 10-110 are integrally formed of one piece, as depicted in Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575]); and the second side plate are integrally formed as one piece (i.e. as second side of 10-20, 10-40 is formed to rear side portion of 10-110 forming one integrated piece, Figs. 105, 108, 117-118, e.g. paragraphs [536,542-544,547-552,570-575], note that the claim limitations is treated broadly not requiring that the one piece needs to be one single piece of same material e.g. bent metal structure or alike).
Regarding claim 17, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the optical element driving mechanism (e.g. 10-100) further comprises a stopping assembly configured to limit the movable part to move relative to the fixed assembly within a range of motion (i.e. as stopping and limiting structures and parts of 10-100, as sides, walls and portions of base 10-11, element 10-110, and frame 10-12, as depicted in Figs. 105-108,112-116, e.g. paragraphs [537-547]);
the fixed assembly further includes an outer frame and a base (i.e. as 10-11 and 10-12 of 10-10, Figs. 105-108,112-116, e.g. paragraphs [537-547]); the outer frame is fixedly connected to the base (as the outer frame 10-12 is fixedly connected to the base 10-11, paragraphs [540]);
the other frame has a first opening (.e. as 10-11 has 10-112 and frame 10-12 has opening 10-13, Figs. 105, 108, 117-118, paragraphs [537-541,569, 575-578]);
when the movable part is located in a first extreme position of the range of motion, the movable part does not overlap the first opening (i.e. as 10-110 connected to 10-20 moves along 10-D1 by driving force effectively controlling e.g. blocking and unblocking light 10-L to optical module 10-70,80, i.e. effectively controlling the light to module, e.g. paragraphs [537-544,550-552, 575-578]); and
when the driving assembly drives the movable part to move from the first extreme position along a the axis to a second extreme position of the range of motion, the movable part overlaps the first opening (i.e. as 10-110 connected to 10-20 moves along 10-D1 by driving force effectively controlling e.g. blocking and unblocking light 10-L to optical module 10-70,80, i.e. effectively controlling the light to module, e.g. paragraphs [537-544,550-552, 575-578]).
Regarding claim 18, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the stopping assembly (stopping parts, walls, portions on 11, 110, 12) comprises a first stopping portion and a second stopping portion, respectively disposed on a first side wall and a second side wall of the base (i.e. as top sides of side walls of 10-11, as depicted in Figs. 105-108,112-116, e.g. paragraphs [537-547]);
the stopping assembly further comprises a first stopping structure and a second stopping structure, disposed on the movable part (i.e. as side parts on front part of 10-110, as depicted in Figs. 105-108,112-116, e.g. paragraphs [537-547]); and
the first stopping portion and the second stopping portion are configured to respectively block the first stopping structure and the second stopping structure (i.e. as side parts on front part of 10-110 extend widthwise and block the top sides of side walls of 10-11 under, as depicted in Figs. 105-108,112-116, e.g. paragraphs [537-547]) .
Regarding claim 19, Hu teaches (see e.g. Figs. 1-7,102-138 ) that a first gap between the first stopping portion and the first stopping structure along a second axis is less than or equal to 0.1 mm; and a second gap between the second stopping portion and the second stopping structure along the second axis is less than or equal to 0.1 mm; the second axis is perpendicular to the first axis (i.e. because each side part on front part of 10-110 extend widthwise and block leaving no gap with the top sides of side walls of 10-11, as viewed in second 10-D3 axis , perpendicular to first 10-D1 axis, leaving no gap between them, as depicted in Figs. 105,115-118, e.g. paragraphs [537-547, 570-574]).
Regarding claim 20, Hu teaches (see e.g. Figs. 1-7,102-138 ) that the stopping assembly further comprises a third stopping portion and a fourth stopping portion, which are disposed on a base wall of the base (i.e. as base blocking wall 10-114, and the stopping structure 10-14, and opposite blocking wall on 10-30 driving assembly side on base of 10-11, 10-111 along 10-D1 axis direction, as depicted in Figs. 104-108, 110,113-117, paragraphs [538-540]); and when the movable part is located in the first extreme position, the third stopping portion is configured to block the holding assembly; when the movable part is located in the second extreme position, the fourth stopping portion is configured to block the holding assembly (i.e. as 10-114, and the stopping structure 10-14, and opposite blocking wall on 10-30 driving assembly side block, stop 10-20 as it moves along 10-D1 by driving force for effectively controlling e.g. blocking and unblocking light 10-L with connected 10-110 to the optical module 10-70,80, i.e. effectively controlling the light to module, e.g. paragraphs [537-544,550-552, 575-578], see Figs. 108, 117).
Allowable Subject Matter
Claim 21 is allowed.
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
The prior art taken either singly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 USC 102 or 103 would be improper.
Regarding independent claim 21, directed towards an optical element driving mechanism, the closest cited prior art of Hu teaches (see e.g. Figs. 1-7,102-138 ) such an optical element driving mechanism (optical element driving mechanism, 10, 20, 6-100, 7-100, 8-100, 10-100, 11-100, 12-100, see abstract, paragraphs [2-14, 135-142, 536-551, 580-593, 630-645], where mostly examples 10-100, 11-100, 12-100 are referenced for brevity, but all examples are applied) comprising:
a fixed assembly (fixed part 10-10 hereafter 10, equivalents e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
a movable part (e.g. optical element 10-110 connected to parts of movable part 10-20 connected and contacting 10-40, hereafter 110, and 20,40, and equivalents e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), wherein the movable part is movable relative to the fixed assembly (i.e. as 110, and 20,40 move relative to 10, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
a driving assembly (10-30, hereafter 30, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), configured to drive the movable part to move relative to the fixed assembly (30 drives 110 also 20 relative to 10, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
wherein the optical element driving mechanism (e.g. 10, 11, 12) further comprises a holding assembly (i.e. 40 connected with parts of 20, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), and the driving assembly drives the movable part to move relative to the fixed assembly by the holding assembly (30 drives 110 with 20 to move relative to 10 by 40 and with parts of 20, see e.g. paragraphs [536-551, 580-593, 630-645], as depicted in Figs.104-110,120-125, 132-137);
wherein the driving assembly comprises a counterweight, a piezoelectric element and a driving member (as 30 comprises counter weight 33, electromechanical converting element i.e. piezoelectric element 31,311, and driving transmission 32 e.g. paragraphs [536-558, 580-593, 630-645], Figs.104-110,120-125, 132-137), the piezoelectric element is connected to the counterweight, and the driving member is connected to the piezoelectric element (as 31,311 is connected to 33, and 32 is connected to 31,311, as depicted in e.g. Figs. 105, 108, paragraphs [536-558, 580-593, 630-645]);
the holding assembly is disposed on the driving member (i.e. 40, with parts of 20 is disposed on driving transmission 10-32, e.g. paragraphs [536-553, 580-593, 630-645], Figs.104-110,120-125, 132-137);
the holding assembly (40 with parts of 20) has a plate-shaped structure (as plate structures of 20, 40, in 21,22, and 40 e.g. 10-41,42 as clearly depicted in Figs. 105,108-111, e.g. paragraphs [542-563]); the holding assembly includes a bottom plate, a first side plate and a second side plate (as bottom/upper plate with side plates of 10-22, and 10-21, 10-40 as depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
the bottom plate has a flat plate-shaped structure (i.e. as best understood, bottom plate of 10-22, and bottom plate of 10-40, e.g. 10-412,422, Figs. 105,108-111, e.g. paragraphs [542-563]);
the first side plate is bent from the bottom plate and extends from the bottom plate toward the second side plate (as side plates of 10-22, 10-21,10-40 extend from bottom/upper plate towards each other e.g. 10-414,411 extends from 110-412 and is bent towards e.g. 10-421; and/or one side 10-221extends from 10-22 and bends/curves towards other side 10-221, Figs. 105,108-111, e.g. paragraphs [542-563]);
the second side plate is bent from the bottom plate and extends from the bottom plate toward the first side plate (as side plates of 10-22, 10-21,10-40 extend from bottom/upper plate towards each other, e.g. 10-424,421 extends from 10-422 and is bent towards e.g. 10-411 and/or other side 10-221extends from 10-22 and bends/curves towards one side depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
the bottom plate, the first side plate and the second side plate are integrally formed as one piece (as side plates of 10-22 and bottom/upper plate are one piece, and plates and bottom side of 21, 40 are formed integrally forming one piece e.g. as 10-412,411,422,421 and 10-22,221,221 are formed integrally forming as one piece as depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
wherein the first side plate and the second side plate are formed by bending opposite ends of the bottom plate toward each other (i.e. as 10-414,411 extends from 110-412 and is bent towards e.g. 10-421, and as 10-424,421 extends from 10-422 and is bent towards e.g. 10-411, as depicted in Figs. 108-111, e.g. paragraphs [542-563]).
However, regarding claim 21, the prior art taken either singly or in combination fails to anticipate or fairly suggest such an optical element driving mechanism including the specific arrangement where the bottom plate, the first side plate and the second side plate are formed from a single continuous sheet material, and in combination with all other claimed limitations of claim 21.
Response to Arguments
Applicant’s arguments filed in the Remarks dated 11/12/2025 with respect to claim 1 and its 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 10-11 of the Remarks that the cited prior art of Hu does not disclose new amended features of claim 1, namely, that (1) “when viewed along the first axis, the movable part does not overlap with the holding assembly; wherein when viewed along a second axis, the movable part does not overlap with the holding assembly; wherein when viewed along a third axis, the movable part partially overlaps with the holding assembly; wherein the first axis, the second axis, and the third axis are perpendicular to each other”, because allegedly in Fig. 108 contacting assembly 10-40 is illustrated as being located inside the elastic element 10-21 of the movable part 10-20, and the transmission element 10-32 passes directly through the contacting assembly 10-40, as "the elastic element 10-21 surrounds the contacting assembly 10-40, and the contacting assembly 10-40surrounds the transmission element 10-32, and since movable part 10-20, the contacting assembly 10-40, and the transmission element 10-32 are aligned and stacked without any lateral offset. The Examiner respectfully disagrees. With respect to the above issue (1), as noted in the rejection above, the cited prior art of Hu teaches most limitations of claim 1 and renders obvious all limitations of claim 1, as Hu teaches (see e.g. Figs. 1-7,102-138 ) an optical element driving mechanism (optical element driving mechanism, 10, 20, 6-100, 7-100, 8-100, 10-100, 11-100, 12-100, see abstract, paragraphs [2-14, 135-142, 536-551, 580-593, 630-645], where mostly examples 10-100, 11-100, 12-100 are referenced for brevity, but all examples are applied) comprising:
a fixed assembly (fixed part 10-10 hereafter 10, equivalents e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
a movable part (e.g. optical element 10-110 connected to parts of movable part 10-20 connected and contacting 10-40, hereafter 110, and 20,40, and equivalents e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), wherein the movable part is movable relative to the fixed assembly (i.e. as 110, and 20,40 move relative to 10, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
a driving assembly (10-30, hereafter 30, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), configured to drive the movable part to move relative to the fixed assembly (30 drives 110 also 20 relative to 10, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137);
wherein the optical element driving mechanism (e.g. 10, 11, 12) further comprises a holding assembly (i.e. 40 connected with parts of 20, e.g. paragraphs [536-551, 580-593, 630-645], Figs.104-110,120-125, 132-137), and the driving assembly drives the movable part to move relative to the fixed assembly by the holding assembly (30 drives 110 with 20 to move relative to 10 by 40 and with parts of 20, see e.g. paragraphs [536-551, 580-593, 630-645], as depicted in Figs.104-110,120-125, 132-137);
wherein the driving assembly comprises a counterweight, a piezoelectric element and a driving member (as 30 comprises counter weight 33, electromechanical converting element i.e. piezoelectric element 31,311, and driving transmission 32 e.g. paragraphs [536-558, 580-593, 630-645], Figs.104-110,120-125, 132-137), the piezoelectric element is connected to the counterweight, and the driving member is connected to the piezoelectric element (as 31,311 is connected to 33, and 32 is connected to 31,311, as depicted in e.g. Figs. 105, 108, paragraphs [536-558, 580-593, 630-645]);
the holding assembly is disposed on the driving member (i.e. 40, with parts of 20 is disposed on driving transmission 10-32, e.g. paragraphs [536-553, 580-593, 630-645], Figs.104-110,120-125, 132-137);
the holding assembly (40 with parts of 20) has a plate-shaped structure (as plate structures of 20, 40, in 21,22, and 40 e.g. 10-41,42 as clearly depicted in Figs. 105,108-111, e.g. paragraphs [542-563]); the holding assembly includes a bottom plate, a first side plate and a second side plate (as bottom/upper plate with side plates of 10-22, and 10-21, 10-40 as depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
the bottom plate has a flat plate-shaped structure (i.e. as best understood, bottom plate of 10-22, and bottom plate of 10-40, e.g. 10-412,422, Figs. 105,108-111, e.g. paragraphs [542-563]);
the first side plate is bent from the bottom plate and extends from the bottom plate toward the second side plate (as side plates of 10-22, 10-21,10-40 extend from bottom/upper plate towards each other e.g. 10-414,411 extends from 110-412 and is bent towards e.g. 10-421; and/or one side 10-221extends from 10-22 and bends/curves towards other side 10-221, Figs. 105,108-111, e.g. paragraphs [542-563]);
the second side plate is bent from the bottom plate and extends from the bottom plate toward the first side plate (as side plates of 10-22, 10-21,10-40 extend from bottom/upper plate towards each other, e.g. 10-424,421 extends from 10-422 and is bent towards e.g. 10-411 and/or other side 10-221extends from 10-22 and bends/curves towards one side depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
the bottom plate, the first side plate and the second side plate are integrally formed as one piece (as side plates of 10-22 and bottom/upper plate are one piece, and plates and bottom side of 21, 40 are formed integrally forming one piece e.g. as 10-412,411,422,421 and 10-22,221,221 are formed integrally forming as one piece as depicted in Figs. 105,108-111, e.g. paragraphs [542-563]);
wherein the driving member has a long strip-shaped structure (10-32 has elongated strip-shaped structure, paragraphs [551-552], Figs. 105, 108-115), and extends along a first axis (as 10-30 includes driving transmission 10-32 extending along first axis 10-D1, paragraphs [551-562], e.g. Figs. 105,108-115);
wherein when viewed along the first axis, the movable part does not overlap with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along first axis 10-D1, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645]);
wherein when viewed along a second axis, the movable part does not overlap with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along second axis 10-D2, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137);
wherein when viewed along a third axis, the movable part does not partially overlaps with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along third axis 10-D3 direction as 110 and 40 are offset along D1 they don’t overlap along 10-D3 viewing direction, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137); and
wherein the first axis, the second axis, and the third axis are perpendicular to each other (i.e. as first, second and third axes 10-D1,10-D2,10-D3 are perpendicular to each other, e.g. Fig. 107-110, 112, paragraphs [539-541,548-551,571-572]).
Hu thus teaches the claimed invention except that in the same 10th embodiment of optical element driving mechanism (10-100) that when viewed along a third axis, the movable part partially overlaps with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along first third 10-D3 as 110 and 40 are offset along D1 they don’t overlap along 10-D3 viewing direction, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137).
However, Hu does teach in similar equivalent 11th embodiment of optical element driving mechanism (i.e. above cited 11-100, e.g. paragraphs [580-593, 630-645], Figs.120-125) that when viewed along a third axis, the movable part partially overlaps with the holding assembly (i.e. as optical element 11-110 connected to movable holding part 11-20,21 via connecting structure 11-211 on side 11-214 of elastic element 11-21, as 11-110 partially overlaps with 11-214 of 11-21 in vertical 11-D2 direction as depicted in Figs.121-125, e.g. paragraphs [580-593, 630-645], providing physical connection of optical element moving part 111-110 with movable holding part 11-21 through connecting structure 11-211, paragraphs [585-588]).
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 optical element movable of 10th embodiment of Hu to extend and partially overlap with movable holding part with connecting structure of 11th embodiment of Hu in order to provide physical connection of optical element moving part with movable holding part through connecting structure, (see Hu, paragraphs [585-588]).
Specifically, Hu teaches the driving member has a long strip-shaped structure (10-32 has elongated strip-shaped structure, paragraphs [551-552], Figs. 105, 108-115), and extends along a first axis (as 10-30 includes driving transmission 10-32 extending along first axis 10-D1, paragraphs [551-562], e.g. Figs. 105,108-115);
wherein when viewed along the first axis, the movable part does not overlap with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along first axis 10-D1, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645]);
wherein when viewed along a second axis, the movable part does not overlap with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along second axis 10-D2, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137);
wherein when viewed along a third axis, the movable part does not partially overlaps with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along third axis 10-D3 direction as 110 and 40 are offset along D1 they don’t overlap along 10-D3 viewing direction, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137); and
wherein the first axis, the second axis, and the third axis are perpendicular to each other (i.e. as first, second and third axes 10-D1,10-D2,10-D3 are perpendicular to each other, e.g. Fig. 107-110, 112, paragraphs [539-541,548-551,571-572]).
As noted above, Hu thus teaches the claimed invention except that in the same 10th embodiment of optical element driving mechanism (10-100) that when viewed along a third axis, the movable part partially overlaps with the holding assembly (i.e. as optical element 10-110 connected to parts of 10-20 does not overlap with 10-40 along first third 10-D3 as 110 and 40 are offset along D1 they don’t overlap along 10-D3 viewing direction, as depicted in Figs. 104-105,108-110, e.g. paragraphs [536-551, 580-593, 630-645], equivalents in Figs.120-125, 132-137).
However, Hu does teach in similar equivalent 11th embodiment of optical element driving mechanism (i.e. above cited 11-100, e.g. paragraphs [580-593, 630-645], Figs.120-125) that when viewed along a third axis, the movable part partially overlaps with the holding assembly (i.e. as optical element 11-110 connected to movable holding part 11-20,21 via connecting structure 11-211 on side 11-214 of elastic element 11-21, as 11-110 partially overlaps with 11-214 of 11-21 in vertical 11-D2 direction as depicted in Figs.121-125, e.g. paragraphs [580-593, 630-645], providing physical connection of optical element moving part 111-110 with movable holding part 11-21 through connecting structure 11-211, paragraphs [585-588]).
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 optical element movable of 10th embodiment of Hu to extend and partially overlap with movable holding part with connecting structure of 11th embodiment of Hu in order to provide physical connection of optical element moving part with movable holding part through connecting structure, (see Hu, paragraphs [585-588]).
Additionally, regarding the above issue (1), 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, the cited prior art of Hu teaches and renders obvious all limitations of claim 1 including the limitations noted under issue (1) above.
No additional substantial arguments were presented after page 11 of the Remarks dated 11/12/2025.
Conclusion
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/MARIN PICHLER/Primary Examiner, Art Unit 2872