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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed on August 8, 2023, April 22, 2025, and January 2, 2026 have been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “1213” representing the second protrusion ([0180]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
[0031] “… a camera device of claim 24…” there is no claim 24
[0264] “(refer to FIG. 33a)” there is no FIG. 33a
[0265] “(refer to FIG. 34b)” there is no FIG. 34b
Appropriate correction is required.
Claim Objections
Claim 19 is objected to because of the following informalities: “The optical device…” should read “An optical device…”). Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, and 6 of copending Application No. 18/551,094 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Application No. 18/551,094 claims an actuator device (claim 1 actuator device) comprising:
a housing (claim 4 housing);
a holder disposed in the housing (claim 1 holder, claim 4 holder disposed in housing);
a reflective member disposed on the holder (claim 1 reflective member disposed in holder);
a moving plate disposed between the housing and the holder (claim 4 moving plate disposed between housing and holder);
a rigid mover coupled to the holder (claim 1 rigid mover coupled to holder);
a first magnet disposed on the rigid mover (claim 1 magnet disposed on rigid mover);
a second magnet disposed on the housing (claim 4 magnet disposed on housing) and generating a repulsive force with the first magnet (claim 1 second magnet generates repulsive force with first magnet); and
a driving unit configured to tilt the holder (claim 1 driving unit configured to tilt holder),
wherein, with respect to a first optical axis, a central axis of the first magnet is disposed to be eccentric with a central axis of the moving plate (claim 6).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 2, 3, and 6 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.
Regarding claims 2 and 3, Claims 2 and 3 recite the limitation “with respect to facing surfaces.” It is unclear which surfaces “facing surfaces” is referring to and how “with respect to facing surfaces” affect the axes that pass through the first magnet and moving plate. Since it unclear how the limitation “with respect to facing surfaces” is to be interpreted, claims are thus rendered indefinite.
Further regarding claim 3, Claim 3 recites the limitation "the horizontal axis" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim and it is unclear whether “the horizontal axis” is referring to the horizontal axis of the first magnet, the horizontal axis of the moving plate, or different horizontal axis. Thus the claim is rendered indefinite. For the purposes of compact prosecution, Examiner will interpret “the horizontal axis” as referring to either the horizontal axis of the first magnet or moving plate.
Regarding claim 6, claim 6 inherits indefiniteness from claim 2.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 9, 11-12, 14, and 16-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Im et al. (U.S. Patent Application Publication No. 2025/0314901 – hereinafter referred to as “Im”).
Regarding claim 1, Im teaches an actuator device (Figure 4) comprising:
a housing (Figure 4 housing 1010, [0084]);
a holder (Figure 4 rotation holder 1120, [0095]) disposed in the housing (Figure 11A rotation holder 1120 is in housing 1010, [0095]);
a reflective member (Figure 4 reflecting member 1110) disposed on the holder (Figure 11A reflecting member 1110 is mounted to rotation holder 1120, [0100]);
a moving plate (Figure 4 rotation plate 1130, [0096]) disposed between the housing and the holder (Figure 11A, [0096] rotation plate 1130 is between housing 1010 and rotation holder 1120);
a rigid mover (Figure 11A base of holder 1120) coupled to the holder (Figure 11A base of holder 1120 is coupled to holder 1120);
a first magnet (Figure 11A magnet 1141a) disposed on the rigid mover (Figure 11A magnet 1141a is disposed on base of holder 1120);
a second magnet (Figure 11A coil 1141b is an electromagnet, [0120]) disposed on the housing (Figure 11A coil 1141b is on housing 1010, [0098]) and generating a repulsive force with the first magnet ([0120] electromagnetic interaction between magnet 1141a and coil 1141b which includes a repulsive force, Figure 11B reflection member 1110 is rotated upward due to the repulsive force between magnet 1141a and coil 1141b) ; and
a driving unit (Figure 4 driving part 1140, [0118]) configured to tilt the holder ([0118] driving part 1140 rotates rotation holder 1120),
wherein, with respect to a first optical axis, a central axis of the first magnet is disposed to be eccentric with a central axis of the moving plate (See labeled Figure 11A below, central axis of magnet 1141 is not aligned (eccentric) with central axis of rotation plate 1130 with respect to first optical axis).
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Regarding claim 2, Im teaches all the limitations of the claimed invention with respect to claim 1. Im further teaches respect to facing surfaces, a horizontal axis passing through the central axis of the first magnet is eccentric with a horizontal axis passing through the central axis of the moving plate in a direction of a second optical axis perpendicular to the first optical axis (See labeled Figure 11A below, horizonal axis of rotation plate 1130 is eccentric with horizontal axis of magnet 1141a in direction of second optical axis).
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Regarding claim 3, Im teaches all the limitations of the claimed invention with respect to claim 2. Im further teaches with respect to the facing surfaces, a vertical axis passing through the central axis of the first magnet is not eccentric with a vertical axis passing through the central axis of the moving plate in a direction of the horizontal axis (See labeled Figure 4 below, vertical axes of rotation plate 1130 and magnet 1141a are aligned (not eccentric) in direction of horizontal axis). -
Regarding claim 5, Im teaches all the limitations of the claimed invention with respect to claim 1. Im further teaches the housing comprises two holes (Figure 4 through-holes 1015 and 1016, [0098]) into which the rigid mover is inserted (Figure 4 base of holder 1120 is inserted between through-holes 1015 and 1016).
Regarding claim 9, Im teaches all the limitations of the claimed invention with respect to claim 1. Im further teaches the driving unit (Figure 4 driving part 1140, [0118]) comprises a first driving unit (Figure 4 first driving unit is composed of magnet 1141a and coil 1141b) and a second driving unit (Figure 4 second driving unit is composed of magnets 1143a, 1145a and coils 1143b, 1143a), wherein the first driving unit comprises a first driving magnet (magnet 1141a, [0119]) and a first coil (coil 1141b, [0119]), and wherein the second driving unit comprises a second driving magnet (magnets 1143a, 1145a, [0119]) and a second coil (coils 1143b,1143b, [0119]).
Regarding claim 11, Im teaches all the limitations of the claimed invention with respect to claim 9. Im further teaches the first driving unit (Figure 4 second driving unit is composed of magnet 1141a and coil 1141b) is configured to tilt the holder with respect to a first axis of the moving plate (Figures 11B and 11C magnet 1141a and coil 1141b tilt rotation holder 1120 around x-axis).
Regarding claim 12, Im teaches all the limitations of the claimed invention with respect to claim 11. Im further teaches the second driving unit (Figure 4 second driving unit is composed of magnets 1143a, 1145a and coils 1143b, 1143a) is configured to tilt the holder with respect to a second axis perpendicular to the first axis of the moving plate (Figures 12B and 12C magnets 1143a, 1145a and coils 1143b, 1143a tilt rotation holder 1120 around y-axis which is perpendicular to x-axis).
Regarding claim 14, Im teaches all the limitations of the claimed invention with respect to claim 11. Im further teaches the housing (Figure 11A housing 1010) comprises a second portion (Figure 11A top of housing 1010) disposed above the holder (Figure 11A top of housing 1010 is above rotation holder 1120) and a third portion (Figure 11A bottom of housing 1010) disposed below the holder (Figure 11A bottom of housing 1010 is below rotation holder 1120),
wherein the holder (rotation holder 11200 is moved between the second portion and the third portion of the housing by the first driving unit (Figures 11B and 11C magnet 1141a and coil 1141b tilt rotation holder 1120 between top and bottom of housing 1010), and
wherein in an initial state in which current is not applied to the first driving unit, the holder is in contact with the housing (Figure 11A rotation holder 1120 is in contact with housing 1010 through rotation plate 1130 and bearing 1131).
Regarding claim 16, Im teaches all the limitations of the claimed invention with respect to claim 11. Im further teaches wherein the first axis of the moving plate (Figure 11A axis passing through bearing 1131 in direction of x-axis) is defined by a first protrusion of the moving plate (Figure 11A bearing 1131 on rotation plate 1130) and a groove of the housing (Figure 11A seating groove 1021 of housing 1010, [0096]).
Regarding claim 17, Im teaches all the limitations of the claimed invention with respect to claim 12. Im further teaches the moving plate comprises a first surface facing the housing (Figure 11A surface of rotation plate 1130 facing housing 1010) and a second surface facing the holder (Figure 11A surface of rotation 1130 facing rotation holder 1120),
wherein the first surface of the moving plate comprises a plurality of first protrusions spaced apart from each other in a direction of the first axis (Figure 4 bearing 1131 are protrusions on rotation plate 1130 and spaced apart in direction of x-axis), and
wherein the second surface of the moving plate comprises a plurality of second protrusions spaced apart from each other in a direction of the second axis (Figure 6A bearings 1133 are protrusions on rotation 1130 and spaced apart in direction in direction of y-axis).
Regarding claim 18, Im teaches a camera device (Figure 4 camera module 1001) comprising:
a printed circuit board (Figure 4 printed circuit board 1320, [0087]);
an image sensor (Figure 4 image sensor 1310) disposed on the printed circuit board (Figure 4, [0087] image sensor 1310 is disposed on printed circuit board 1320);
an actuator device of claim 1 (see claim 1 above); and
a lens (Figure 4 lens module 1200) disposed in an optical path formed by the reflective member and the image sensor of the actuator device ([0090] reflecting module 1300, lens module 1200, and image sensor 1310 are sequentially disposed forming an optical path).
Regarding claim 19, Im teaches the optical device (Figure 1) comprising:
a main body (Figure 1 main body of portable electronic device 1);
a camera device of claim 18 disposed on the main body (Figure 1 camera module 1001, see claim 18 above); and
a display disposed on the main body and outputting at least one of a video and an image photographed by the camera device ([0072] examples of portable electronic device 1 include smartphones which have a display).
Regarding claim 20, Im teaches an actuator device (Figure 4) comprising:
a fixed part(Figure 4 housing 1010, [0084]);
a moving part (Figure 4 rotation holder 1120, [0095]) configured to move against the fixed part ([0094]-[0095] reflection module 1100 including rotation holder 1120 moves against housing 1010);
a moving plate (Figure 4 rotation plate 1130, [0096]) disposed between the fixed part and the moving part (Figure 11A, [0096] rotation plate 1130 is between housing 1010 and rotation holder 1120);
a first magnet (Figure 11A magnet 1141a) disposed on the moving part (Figure 11A magnet 1141a is disposed on holder 1120);
a second magnet (Figure 11A coil 1141b is an electromagnet, [0120]) disposed on the fixed part (Figure 11A coil 1141b is on housing 1010, [0098]) and generating a repulsive force with the first magnet ([0120] electromagnetic interaction between magnet 1141a and coil 1141b which includes a repulsive force, Figure 11B reflection member 1110 is rotated upward due to the repulsive force between magnet 1141a and coil 1141b); and
a driving unit (Figure 4 driving part 1140, [0118]) configured to tilt the moving unit with respect to x-axis and y-axis perpendicular to each other of the moving plate ([0118] driving part 1140 rotates rotation holder 1120 with respect to x and y axis, Figures 11B,C and 12B,C),
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wherein, in a direction of the y-axis, a horizontal axis passing through a center of the second magnet is disposed to be eccentric with the x-axis of the moving plate (See labeled Figure 11A below, horizontal axis of magnet (coil) 1141b is not aligned (eccentric) with x-axis of rotation plate 1130 in direction of y-axis).
Regarding claim 21, Im teaches an actuator device (Figure 4) comprising:
a fixed part (Figure 4 housing 1010, [0084]);
a moving part (Figure 4 rotation holder 1120, [0095]) configured to move against the fixed part ([0094]-[0095] reflection module 1100 including rotation holder 1120 moves against housing 1010);
a moving plate (Figure 4 rotation plate 1130, [0096]) disposed between the fixed part and the moving part (Figure 11A, [0096] rotation plate 1130 is between housing 1010 and rotation holder 1120);
a first magnet (Figure 11A magnet 1141a) disposed on the moving part (Figure 11A magnet 1141a is disposed on holder 1120);
a second magnet (Figure 4 coil 1241b, [0139] coil 1241b is an electromagnet) disposed on the fixed part (Figure 4 coil 1241b is disposed on housing 1010); and
a driving unit (Figure 4 driving part 1140, [0118]) configured to tilt the moving part ([0118] driving part 1140 rotates rotation holder 1120),
wherein a portion of the fixed part (Figure 3B protruding wall 1007 is part of housing 1010, [0094]) is disposed between the moving plate and the second magnet (Figure 3B protruding wall 1007 is between rotation plate 1130 and coil 1241b), and
wherein, in an initial state in which no current is applied to the driving unit, the moving part is in contact with the fixed part (Figure 11A rotation holder 1120 is in contact with housing 1010 through rotation plate 1130 and bearing 1131).
Allowable Subject Matter
Claims 4, 7-8, 13, and 15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the best prior art, Im, teaches all the limitations of the claimed invention with respect to claim 1. Im fails to teach or reasonably suggest “a portion of the housing is disposed between the moving plate and the rigid mover” in combination with the intervening limitations of claim 1. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 4, specifically the limitation: “a portion of the housing is disposed between the moving plate and the rigid mover”
Regarding claim 7, the best prior art, Im, teaches all the limitations of the claimed invention with respect to claim 1. Im fails to teach or reasonably suggest “at least a portion of the second magnet is disposed between the first magnet and the moving plate” in combination with the intervening limitations of claim 1. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 7, specifically the limitation: “at least a portion of the second magnet is disposed between the first magnet and the moving plate”
Regarding claim 8, the best prior art, Im, teaches all the limitations of the claimed invention with respect to claim 1. Im fails to teach or reasonably suggest “the moving plate is disposed between the rigid mover and the holder” in combination with the intervening limitations of claim 1. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 8, specifically the limitation: “the moving plate is disposed between the rigid mover and the holder.”
Regarding claim 13, the best prior art, Im, teaches all the limitations of the claimed invention with respect to claim 1. Im fails to teach or reasonably suggest “a center of the second magnet is disposed at the same height as a center of the first magnet” in combination with the intervening limitations of claim 1. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 13, specifically the limitation: “a center of the second magnet is disposed at the same height as a center of the first magnet”
Regarding claim 15, the best prior art, Im, teaches all the limitations of the claimed invention with respect to claim 14. Im further teaches a first direction driving current is applied to the first coil to drive the first coil ([0098] coil 1141b is powered to drive reflecting module 1100 thus a current in a first direction must be applied). Im fails to teach or reasonably suggest “a second direction driving current opposite to the first direction driving current is not used to drive the first coil” in combination with the intervening limitations of claim 14. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 15, specifically the limitation: “a second direction driving current opposite to the first direction driving current is not used to drive the first coil”
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the best prior art, Im, teaches all the limitations of the claimed invention with respect to claim 2. Im fails to teach or reasonably suggest “the horizontal axis of the first magnet is disposed higher than the horizontal axis of the moving plate” in combination with the intervening limitations of claim 2. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 6, specifically the limitation: “the horizontal axis of the first magnet is disposed higher than the horizontal axis of the moving plate”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (U.S. Patent Application Publication No. 2023/0185053) discloses a similar camera actuator using a moving plate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX PARK RICKEL whose telephone number is (703)756-4561. The examiner can normally be reached Monday-Friday 8:30 a.m. - 6 p.m. ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571)272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Alex Rickel
Examiner
Art Unit 2872
/A.P.R./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872