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 .
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hsu et al. (USPG Pub No. 2021/0223504), hereinafter “Hsu”, in view of Hu et al. (USPG Pub No. 2017/0227783), hereinafter “Hu”.
Regarding claim 1, Hsu discloses an optical member driving mechanism (3-1000) (see Fig. 21), comprising: a movable portion (3-M1) (see Fig. 21, Paragraph 279, Line 3), configured to connect an optical member (3-1) (see Fig. 21, Paragraph 276, Line 1), and comprising a holder (3-70) and a frame (3-80) (see Fig. 21, Paragraph 280, Line 3); a fixed portion (3-I), wherein the movable portion (3-M1) is movable relative to the fixed portion (3-I) (see Fig. 21, Paragraph 279, Line 3); and a driving assembly (3-D1), configured to drive the movable portion to move relative to the fixed portion (see Fig. 21, Paragraph 279, Line 5). Hsu discloses the claimed invention, but does not specify and comprising: an inner elastic member, connected to the holder and the frame; and an outer elastic member, connected to the frame, wherein the inner elastic member and the outer elastic member are disposed on a same side of the holder, and a thickness of the inner elastic member along an optical axis of the optical member is different from a thickness of the outer elastic member along the optical axis of the optical member. In the same field of endeavor, Hu discloses and comprising: an inner elastic member (24), connected to the holder (27) and the frame (20) (Paragraph 50); and an outer elastic member (23), connected to the frame (20) (Paragraph 49), wherein the inner elastic member (24) and the outer elastic member (23) are disposed on a same side of the holder (27) (see Figs. 1, 4), and a thickness of the inner elastic member (24) along an optical axis of the optical member is different from a thickness of the outer elastic member (23) along the optical axis of the optical member (see Fig. 3, Paragraph 47). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide driving mechanism of Hsu with and comprising: an inner elastic member, connected to the holder and the frame; and an outer elastic member, connected to the frame, wherein the inner elastic member and the outer elastic member are disposed on a same side of the holder, and a thickness of the inner elastic member along an optical axis of the optical member is different from a thickness of the outer elastic member along the optical axis of the optical member of Hu for the purpose of facilitating movement of the holder relative to the frame (Paragraph 54).
Regarding claim 2, Hsu further discloses wherein the driving assembly further comprises: a first circuit component (3-20) (see Fig. 21); a second circuit component (3-30), disposed on the frame (3-80) and connected to the first circuit component (see Fig. 21); a control member (3-140, 3-150), disposed on the second circuit component (3-30) (see Fig. 21); a supporting member (3-H), connected to the outer elastic member (3-E) and the fixed portion (3-10 ) (see Fig. 21, Paragraphs 280, 286); a first electromagnetic element (3-110), disposed on the holder (3-70) and electrically connected to the control member (3-140, 3-150) through the inner elastic member (3-E), the first circuit component (3-20) and the second circuit component (3-30) (see Fig. 21, Paragraphs 294, 295); and a circuit assembly (3-C1, 3-C2), embedded in the fixed portion (3-I) and electrically connected to the control member (3-140, 3-150) through the supporting member (3-H), the outer elastic member (3-E), the first circuit component (3-20), and the second circuit component (3-30) (see Figs. 21, 24, Paragraphs 286, 294, 295).
Regarding claim 3, Hsu further discloses wherein the inner elastic member (3-E, 3-60, 3-90) and the outer elastic member (3-E, 3-60, 3-90) are separated from each other (see Fig. 21, Paragraph 325).
Regarding claim 5, Hsu further discloses wherein the frame (3-80) has a first lower surface, a first connecting surface, and a second connecting surface (see Figs. 28, 31, 37), the inner elastic member (3-E) is connected to the first connecting surface, and the outer elastic member (3-E) is connected to the second connecting surface, wherein a distance between the lower surface and the first connecting surface is different from a distance between the lower surface and the second connecting surface (see Figs. 21, 28, Paragraph 326).
Regarding claim 6, Hsu and Hu teach the optical member driving mechanism set forth above for claim 5, Hu further discloses wherein a top surface of the inner elastic member (24) is coplanar with a top surface of the outer elastic member (23) (see Figs. 2, 3). It would have been obvious to one of ordinary skill to provide the optical member driving mechanism of Hsu with the teachings of Hu for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 7, Hsu further discloses wherein the frame (3-80) has protruding portion, and the outer elastic member (3-E) has a hole, wherein the protruding portion is accommodated in the hole, and dimensions of the hole are greater than dimensions of the protruding portion (see Fig. 31, Fig. 37, Paragraph 326).
Regarding claim 8, Hsu further discloses wherein an outline of at least a portion of the hole corresponds to an appearance of the protruding portion (see Figs. 31, 37).
Regarding claim 9, Hsu further discloses wherein the outer elastic member (3-E) comprises a fixed section and a free section (see Fig. 37), the fixed section is affixed to the frame, and the free section is connected to the fixed section and protrudes from a lateral surface of the frame (see Fig. 37).
Regarding claim 10, Hsu and Hu teach the optical member driving mechanism set forth above for claim 5, Hu further discloses wherein the supporting member is connected to the free section (232, 234) (see Figs. 1, 2, 4, Paragraph 35). It would have been obvious to one of ordinary skill to provide the optical member driving mechanism of Hsu with the teachings of Hu for at least the same reasons as those set forth above with respect to claim 1.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 and 5-10 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. Hu cures the deficiencies of Hsu and addresses the subject matter challenged by Applicant. For these reasons, the claims remain rejected.
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 MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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, Ricky Mack can be reached at 571 272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 9/12/2026
Prosecution Insights