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 12/21/2025 has been entered. Claims 1-4 and 6-7 are now pending in the application. Claims 1,2 and 4 have been amended and claim 5 has been canceled 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. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on application JP 2022-125639, filed 08/05/2022 (Japan).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (hereafter Kim, of record) US 20090316284 A1.
In regard to independent claim 1, Kim teaches (see Figs. 1-5) an optical element driving device (image capturing module with driving unit of an electronic device, mobile phone, for driving the lens assembly for AF function, see abstract, paragraphs [03-07, 11-23, 33-40, 42-55]), configured to drive an optical element (i.e. as lens in lens assembly 20 is driven by driving unit 30, e.g. paragraphs [11-23, 33-40] for automatic focusing (AF)), the optical element driving device comprising:
a holding part configured to hold an optical element (as lens assembly 20 with lens barrel supporting a lens, paragraphs [06-07, 37-40], Figs. 1-4);
a housing part configured to house inside the holding part ( e.g. supporting unit 10 for holding lens assembly 20, paragraphs [33-40], Figs. 1-4); and
a supporting part (e.g. first and or second ball assembly 40, 50 between outer peripheral surface of 20 and inner peripheral surface of 10, paragraphs [33-35, 46-50]), and including a plurality of rolling members (e.g. balls 42 and/or 52, paragraphs [46-50]) configured to be held by a retainer in a rollable manner (42, 52 held by retaining plates 41, 51 paragraphs [33-35, 46-50]),
the plurality of rolling members being interposed between an outer peripheral surface of the holding part and an inner peripheral surface of the housing part (e.g. balls 42, 52 are between outer peripheral surface of 20 and inner peripheral surface of 10, paragraphs [33-35, 46-50], Figs. 1,3) in a state that the plurality of rolling members is housed within a groove formed in at least one of the outer peripheral surface and the inner peripheral surface (i.e. as balls 42 and 52 are housed within groove formed in outer peripheral wall surface of 20 and inner peripheral wall surface of 10 e.g. 18, 19 of guiding holes 15,17, see paragraphs [33-3546-50], as depicted in Figs. 1 and 3), and
the supporting part being configured to support the holding part with the plurality of rolling members such that the holding part is movable in an optical path direction of the optical element with respect to the housing part (40, 50 support 20 with balls 42 and/or 52 to be movable in optical axis direction of lens assembly 20 with lens barrel supporting the lens, e.g. for AF, paragraphs [33-35, 37-40], Figs. 1-4),
wherein at least one of the outer peripheral surface and the inner peripheral surface includes a first recess formed in an area facing the retainer (i.e. as recesses on outer surfaces of 20 facing 41 towards 2nd guiding protrusion, and towards 1st guiding protrusion, and recesses facing 51 towards 3rd guiding protrusion 27 and opposite 27 on other side of 50,52 as depicted in Figs. 3,2; and also recesses on inner surfaces of 10 facing 41 towards guiding hole 16 and towards 25, and recesses on 10 facing 51, towards guiding hole 17 and opposite 17 on other side of 52,50, as depicted in Figs. 3,2, paragraphs [34-42]), and
the first recess and the groove are separated from each other with a protrusion interposed between the first recess and the groove in a direction orthogonal to the optical path direction, the protrusion being formed in at least one of the outer peripheral surface and the inner peripheral surface (i.e. as groove for 40 in 20 is separated by protrusion in 20 from recess towards 25, and by another wider protrusion in 20 towards 16, and as groove 18 for 40 in 10 is separated from recess towards 16, see details of Fig. 3; also as groove e.g. 19 for 50 in 10 is separated by small protrusion from recess towards 17 guide hole, where the above protrusions are formed in outer wall surface of 20 or inner wall surface of 10 in an axis perpendicular to optical/1st axis direction, see Fig. 3, paragraphs [35-40]).
Regarding claim 2, Kim teaches (see Figs. 1-5) that the first recess is disposed to face an end portion of the retainer in a direction orthogonal to the optical path direction (e.g. as depicted in Fig. 3 one of recesses on 20 and/or 10 faces end of 41 or 51 in direction perpendicular to optical axis, e.g. 2nd axis or 3rd axis Figs. 3, 1-2, paragraphs , paragraphs [33-35, 37-40]).
Regarding claim 3, Kim teaches (see Figs. 1-5) that the first recess extends along the end portion of the retainer extending in the optical path direction (i.e. as one of recesses on 20 and/or 10 extends along end portion of 41 or 51 in optical axis 1st axis direction see Figs. 3, 1-2, paragraphs, paragraphs [33-35, 37-40]).
Regarding claim 4, Kim teaches (see Figs. 1-5) that at least one of the outer peripheral surface and the inner peripheral surface includes a second recess formed adjacent to the first recess on a side opposite to a supporting part side in a direction orthogonal to the optical path direction (e.g. as other of two recesses on opposite sides of 41,40 and other of two recess on opposite sides of 51,50 on 29 as depicted in Figs. 3,2; and other of recesses on inner surfaces of 10 facing 41 towards guiding hole 16 and towards 25, and recesses on 10 facing 51, opposite 17 on other side of 52,50, as depicted in Figs. 3,2, paragraphs [34-42]).
Regarding claim 6, Kim teaches (see Figs. 1-5) a camera module comprising: the optical element driving device according to claim 1 (image capturing module with driving unit of an electronic device, mobile phone, for driving the lens assembly for AF function, see abstract, paragraphs [03-07, 11-23, 33-40, 42-55]); a driving part configured to drive the holding part (driving unit 30 part for driving 20, e.g. paragraphs [11-23, 33-40] for automatic focusing (AF)); and an image capturing part configured to capture a subject image by using the optical element (i.e. 10 with image sensor unit 11, paragraphs [23, 33-37]).
Regarding claim 7, Kim teaches (see Figs. 1-5) a camera-mounted device that is an information device or a transport device, the camera-mounted device comprising: the camera module according to claim 6 (as the image capturing module with driving unit is part of the electronic device, mobile phone, for driving the lens assembly for AF function, see abstract, paragraphs [03-07, 11-23, 33-40, 42-55]); and an image processing part configured to process image information obtained by the camera module (i.e. as mobile phone with component to process and store images from the camera, paragraphs [03-07, 11-23, 33-40]).
Response to Arguments
Applicant's arguments filed in the Remarks dated 12/21/2025 have been fully considered but they are not persuasive.
Specifically, Applicant argues on pages 5-7 of the Remarks that the cited prior art of Kim does not disclose amended features of claim 1, namely (1) “at least one of the outer peripheral surface and the inner peripheral surface includes a first recess formed in an area facing the retainer, and the first recess and the groove are separated from each other with a protrusion disposed between the first recess and the groove in a direction orthogonal to the optical path direction, the protrusion being formed in at least one of the outer peripheral surface and the inner peripheral surface”, because groove in plate 41 or 51 is not formed in at least one of outer peripheral surface or the inner peripheral surface and is not separated by a protrusion from guiding holes 16 or 17, and since plates 41, 51 are completely different from the claimed first recess. The Examiner respectfully disagrees. As initial matter, the claim amendments now specify the location of the first recess, and previously noted structures reading on the first recess were not only parts of plates 41, 51, but also recess parts on peripheral surfaces of 10 and 20 facing the retainer. Specifically, as noted in the rejection above, the cited prior art of Kim teaches all limitations of amended claim 1, as Kim teaches (see Figs. 1-5) an optical element driving device (image capturing module with driving unit of an electronic device, mobile phone, for driving the lens assembly for AF function, see abstract, paragraphs [03-07, 11-23, 33-40, 42-55]), configured to drive an optical element (i.e. as lens in lens assembly 20 is driven by driving unit 30, e.g. paragraphs [11-23, 33-40] for automatic focusing (AF)), the optical element driving device comprising:
a holding part configured to hold an optical element (as lens assembly 20 with lens barrel supporting a lens, paragraphs [06-07, 37-40], Figs. 1-4);
a housing part configured to house inside the holding part ( e.g. supporting unit 10 for holding lens assembly 20, paragraphs [33-40], Figs. 1-4); and
a supporting part (e.g. first and or second ball assembly 40, 50 between outer peripheral surface of 20 and inner peripheral surface of 10, paragraphs [33-35, 46-50]), and including a plurality of rolling members (e.g. balls 42 and/or 52, paragraphs [46-50]) configured to be held by a retainer in a rollable manner (42, 52 held by retaining plates 41, 51 paragraphs [33-35, 46-50]),
the plurality of rolling members being interposed between an outer peripheral surface of the holding part and an inner peripheral surface of the housing part (e.g. balls 42, 52 are between outer peripheral surface of 20 and inner peripheral surface of 10, paragraphs [33-35, 46-50], Figs. 1,3) in a state that the plurality of rolling members is housed within a groove formed in at least one of the outer peripheral surface and the inner peripheral surface (i.e. as balls 42 and 52 are housed within groove formed in outer peripheral wall surface of 20 and inner peripheral wall surface of 10 e.g. 18, 19 of guiding holes 15,17, see paragraphs [33-3546-50], as depicted in Figs. 1 and 3), and
the supporting part being configured to support the holding part with the plurality of rolling members such that the holding part is movable in an optical path direction of the optical element with respect to the housing part (40, 50 support 20 with balls 42 and/or 52 to be movable in optical axis direction of lens assembly 20 with lens barrel supporting the lens, e.g. for AF, paragraphs [33-35, 37-40], Figs. 1-4),
wherein at least one of the outer peripheral surface and the inner peripheral surface includes a first recess formed in an area facing the retainer (i.e. as recesses on outer surfaces of 20 facing 41 towards 2nd guiding protrusion, and towards 1st guiding protrusion, and recesses facing 51 towards 3rd guiding protrusion 27 and opposite 27 on other side of 50,52 as depicted in Figs. 3,2; and also recesses on inner surfaces of 10 facing 41 towards guiding hole 16 and towards 25, and recesses on 10 facing 51, towards guiding hole 17 and opposite 17 on other side of 52,50, as depicted in Figs. 3,2, paragraphs [34-42]), and
the first recess and the groove are separated from each other with a protrusion interposed between the first recess and the groove in a direction orthogonal to the optical path direction, the protrusion being formed in at least one of the outer peripheral surface and the inner peripheral surface (i.e. as groove for 40 in 20 is separated by protrusion in 20 from recess towards 25, and by another wider protrusion in 20 towards 16, and as groove 18 for 40 in 10 is separated from recess towards 16, see details of Fig. 3; also as groove e.g. 19 for 50 in 10 is separated by small protrusion from recess towards 17 guide hole, where the above protrusions are formed in outer wall surface of 20 or inner wall surface of 10 in an axis perpendicular to optical/1st axis direction, see Fig. 3, paragraphs [35-40]).
Thus Kim expressly teaches the at least one of the outer peripheral surface and the inner peripheral surface includes a first recess formed in an area facing the retainer (i.e. as recesses on outer surfaces of 20 facing 41 towards 2nd guiding protrusion, and towards 1st guiding protrusion, and recesses facing 51 towards 3rd guiding protrusion 27 and opposite 27 on other side of 50,52 as depicted in Figs. 3,2; and also recesses on inner surfaces of 10 facing 41 towards guiding hole 16 and towards 25, and recesses on 10 facing 51, towards guiding hole 17 and opposite 17 on other side of 52,50, as depicted in Figs. 3,2, paragraphs [34-42]), and that the first recess and the groove are separated from each other with a protrusion interposed between the first recess and the groove in a direction orthogonal to the optical path direction, the protrusion being formed in at least one of the outer peripheral surface and the inner peripheral surface (i.e. as groove for 40 in 20 is separated by protrusion in 20 from recess towards 25, and by another wider protrusion in 20 towards 16, and as groove 18 for 40 in 10 is separated from recess towards 16, see details of Fig. 3; also as groove e.g. 19 for 50 in 10 is separated by small protrusion from recess towards 17 guide hole, where the above protrusions are formed in outer wall surface of 20 or inner wall surface of 10 in an axis perpendicular to optical/1st axis direction, see Fig. 3, paragraphs [35-40]).
Therefore, Kim teaches all limitations of independent claim 1 including the limitations raised under issue (1) above.
No additional substantial arguments were presented after page 7 of the remarks dated 12/21/2025.
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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/MARIN PICHLER/Primary Examiner, Art Unit 2872