DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of invention I, corresponding to claims 1-12 and 20, in the reply filed on 6/23/2026 is acknowledged. The traversal is on the ground(s) that the Office has a policy of search and examination of the entire application when it could be made without serious burden and that this policy should be applied in order to avoid unnecessary delay and expense to Applicant. This is not found persuasive because it does not explicitly address any error in the Examiner’s restriction which included a justification for why there is a serious burden of search and therefore merely amounts to an allegation that there is no burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 13-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/23/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2016/0103297 A1 to Kobayashi.
With respect to claim 1 Kobayashi discloses, in Fig. 1-9, a camera actuator comprising: a first lens assembly (unit for moving lens 15B) (paragraph 39); a second lens assembly (unit for moving lens 15C) disposed under the first lens assembly and including a second lens portion (paragraph 41; where this lens portion is “under” the first when viewed from the lens 15A being the top of the camera); a third lens assembly (unit for lens 15D) disposed under the second lens assembly (paragraph 38); a driving portion moving the second lens assembly in an optical axis (Ax) direction (paragraph 42); and a magnet holder (31) disposed between the second lens assembly and the driving portion (paragraph 41 and 47 and Fig. 4; where the portion holding the magnet also includes shaft 53 for guiding the lens frame and is therefore disposed between the lens assembly and the driving portion), wherein the driving portion comprises: a magnet (69) disposed on the magnet holder (Fig. 3); a yoke (65) facing the magnet (69) in a first direction (Fig. 3 and 6-7); and a coil (67) disposed between the magnet (69) and the yoke (65) (Fig. 6; where the coil 67 is between magnet 69 and part of yoke 65b), wherein a center of the yoke is disposed on a plane different from a first plane passing through the optical axis and a center of the magnet (see modified figure below; where it shows what could be considered a first plane along the dotted line and labels the venter of the yoke showing they are not along that first plane).
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With respect to claim 2 Kobayashi discloses, in Fig. 1-9, 2. the camera actuator of claim 1, wherein a center of the coil (67) is disposed on a same plane as the first plane (See figure above where first plane cuts through the coil 67, as the coil would have a depth in the direction into the figure, the center of the coil in this direction would be on the first plane along the dotted line as the plane extends through the whole coil in that direction).
Allowable Subject Matter
Claims 3-12 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL M PASIEWICZ whose telephone number is (571)272-5516. The examiner can normally be reached M-F 9 AM - 5:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571)272-7495. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M PASIEWICZ/Primary Examiner, Art Unit 2699
July 8, 2026
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