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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/17/2026 has been entered.
Response to Amendment
This Office action is in response to Applicant’s response of 4/17/2026. In that response, Applicant amended claims 1, 9 and cancelled claim 7.
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.
Claim Objections
Claim 1 is objected to because of the following informalities:
“is the top cover” in line 37 should be replaced by “the top cover”.
Appropriate correction is required.
Claims 2-3, 5-6 and 8-9 are dependent from claim 1 and are objected for the reason given above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
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, 5, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al. (US 2021/0184554, hereinafter, “Takahashi”) in view of Takahashi et al. (JP 2021096295A, hereinafter, “Takahashi1”, corresponding to US 2023/0026476).
Regarding claim 1, Takahashi discloses a rotary reciprocating drive actuator 100 (Fig. 2), comprising:
a main body unit including:
a movable body including a shaft part 141 to which a movable object 120 is connected at one end portion side of the shaft part and to which a magnet 161 is fixed at another end portion side of the shaft part (Fig. 2, [0039], [0043]), and
a base portion 110 including a pair of wall portions 111a, 111b disposed to sandwich the movable object 120, the base portion supporting the shaft part by the pair of wall portions such that the shaft part is rotatable, in a state in which the other end portion side of the shaft part protrudes from one wall portion of the pair of wall portions (Fig. 2, [0040]-[0041]); and
a driving unit including: a core body 210 having a plurality of magnetic poles 211a, 212a, facing an outer circumference of the magnet to sandwich the magnet (Fig. 2, 3, [0045], [0056]),
and a coil body 220 wound around the core body, the driving unit being configured to cause a reciprocating rotation of the movable body through interaction with the magnet by energization of the coil body (Fig. 3, [0045], [0057]),
wherein the driving unit includes:
a core assembly including the core body 210, the coil body 220 and a magnet position holding portion 240 that generates a magnetic attraction force between the magnet position holding portion and the magnet to define a reference position of the reciprocating rotation (Fig. 2,3, [0047], [0055]-[0056]);
a bottom cover 250 that includes a positioning engagement portion 251 that engages with an engaged portion (respective holes) of the one wall portion 111a in an axial direction to position an opening portion and the shaft part on the same axis, the bottom cover being disposed on the one end portion side of the core assembly and being attached to the one wall portion in a state where the shaft part is inserted into the opening portion and the magnet is disposed in the core assembly (Fig. 2, 7, [0046]).
Here, under the Broadest Reasonable Interpretation (BRI) principle, the bottom cover 250 includes the positioning engagement portion (i.e., fastening members) 251, which, in turn, engage with an engaged portion (i.e., respective holes) of the one wall portion 111a. When the fastening members 251 are engaged with the bottom cover 250, then the bottom cover 250 includes them.
In addition, even though Takahashi does not disclose the bottom cover being integrally disposed on the one end portion side of the core assembly, it would have been obvious to one of ordinary skill in the art before the effective filing date to make the bottom cover integral with the one end portion side of the core assembly, since it has been held that making in one piece an article which has formerly been formed in multiple pieces involves only routine skill in the art. In re Larson 144 USPQ 347, 349, (CCPA 1965).
Moreover, Takahashi discloses a sensor placement portion (aka a top cover) 130 on which an angle sensor part 132 for detecting rotation of the shaft part is disposed (Fig. 2, [0049], [0050]).
Takahashi does not disclose the top cover is disposed on the core assembly on a side opposite to the bottom cover in an axial direction to cover the core assembly, and
the core assembly is sandwiched between the top cover and the bottom cover and is integrally fixed.
In Takahashi, the sensor for detecting the rotation of the mirror is placed on the right side of the rotating mirror away from the core assembly 200 (Fig. 2).
Takahashi1 discloses a rotary drive actuator 100 where the angle sensor part 130, including the sensor 132, is placed on the left side of the rotating mirror 120 between the core assembly 200 and the wall/connecting surface 111a (Fig. 2, [0042]-[0043]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Takahashi so that the sensor 132 is placed on the left side of the rotating mirror next to the core assembly, as taught by Takahashi1, for preventing damage to the sensor during the installation of the optical scanning device ([0044] in Takahashi1.
In the above Takahashi/Takahashi1 device, the sensor is between the core assembly and the connecting surface.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Takahashi/Takahashi1 so that so that the core assembly is positioned between the sensor and the connecting surface 250, since this arrangement represents a rearrangement of the parts of the actuator of Takahashi/Takahashi1, i.e., the relative position of the core assembly, connecting surface and the sensor, and it has been held that rearrangement of parts is not novel (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)), MPEP2144.04(VI)(C).
It is noted that Takahashi discloses the use of fastening members 251, 136, (i.e., screw fastening) for fixing the core assembly and the sensor placement portion to walls (Fig. 2, [0046], [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to make the core assembly integrally fixed between the top cover and the connecting surface portion, since it has been held that making in one piece an article which has formerly been formed in multiple pieces involves only routine skill in the art. In re Larson 144 USPQ 347, 349, (CCPA 1965).
Regarding claim 2, Takahashi/Takahashi1 discloses the rotary reciprocating drive actuator according to claim 1, wherein
a number of poles of the plurality of magnetic poles is two (Fig. 3, [0056] in Takahashi).
Regarding claim 3, Takahashi/Takahashi1 discloses the rotary reciprocating drive actuator according to claim 1, wherein
the bottom cover 250 and the one wall portion are assembled to each other via a fastening member 251 for fastening both of the bottom cover and the one wall portion in a direction along an axial direction of the shaft part (Fig. 2, [0046] in Takahashi).
Regarding claim 5, Takahashi/Takahashi1 discloses the rotary reciprocating drive actuator according to claim 1, wherein
the positioning engagement portion 251 and the engaged portion (respective holes) are coaxial with the shaft part 141 and the opening portion, and respectively include an annular protruding portion (screw) and an annular recessed portion (hole) that are engaged with each other in an axial direction (Fig. 2 in Takahashi).
Regarding claim 8, Takahashi/Takahasi1 discloses the rotary reciprocating drive actuator according to claim 1, wherein
the movable object is a mirror 121 for reflecting scanning light (Fig. 2, [0037], [0039] in Takahashi).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Takahashi in view of Takahashi1, as evidenced by Shimizu (US 2025/0226005, hereinafter, “Shimuzu”).
Regarding claim 9, Takahashi/ Takahashi1 discloses the rotary reciprocating drive actuator according to claim 1.
Takahashi/ Takahashi1 does not disclose wherein each of the bottom cover and the top cover is an electromagnetic shield having electrical conductivity.
In Takahashi/Takahashi1, the bottom cover 250 is a fixing plate that fixes the (magnetic) core body 210 and the (magnetic) coil body 220 to the base portion 110 (Fig. 2 in Takahashi). The fixing plate 250 is a non-magnetic material.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Takahashi/Takahashi1 so that the bottom cover and the top cover is of a non-magnetic material, for example, an aluminum alloy (having electrical conductivity according to the specification, [0102]), since it has been held to be within the ordinary skill in the art to select a known material (Shimizu discloses that examples of the material of the non-magnetic substrate include an aluminum alloy, glass, and polycarbonate ([0067])) on the basis of its suitability for the intended use. Sinclair and Carroll Co. v. Interchemical Corp. 65 USPQ 297 (1945).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Takahashi, Takahashi1 in view of Takahashi et al. (US 2021/0265904, hereinafter, “Takahashi2”).
Regarding claim 6, Takahashi/Takahashi1 discloses the rotary reciprocating drive actuator according to claim 1.
Takahashi/Takahashi1 does not disclose wherein the bottom cover includes a core holding projection that is disposed to protrude toward the core assembly side and holds the core body within the core assembly.
Takahashi2 discloses a rotary drive actuator 1A where the core assembly 40 is held by a fixation plate 27a (which is affixed to the wall 22A) which has a core holding projection (not labelled) protruding toward the core assembly (Fig. 11, [0130]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify Takahashi/Takahashi1 so that the bottom cover 250 has a core holding projection, as taught by Takahashi2, for securing the core assembly.
Response to Applicant’s Arguments
Regarding claim 1, Applicant has amended said claim and stated that the combination of Takahashi and Takahashi1 does not teach or suggest all the features, see p. 8 of the Remarks.
The Office respectfully disagrees with the Applicant and believes that the combination of Takahashi and Takahashi1 (and Takahashi2) discloses all the features of claim 1 (and its dependents), as explained above.
The rejection of claim 1 and its dependent claims 2-3, 5-6, 8-9 is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872