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 § 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al. (U.S. 2020/0209439).
Regarding claim 1, Hu discloses an optical element driving mechanism (2-100, Fig. 17; page 9, para [0202]; page 1, para [0007]), driving an optical element (2-OE, Fig. 17; page 9, para [0202]), comprising:
a movable portion (2-MA, Fig. 17; page 9, para [0203]), connected to the optical module (2-OE, Fig. 18);
a fixed portion (2-FA, Fig. 17; page 9, para [0203]), wherein the movable portion (2-MA, Fig. 17) is movable relative to the fixed portion (page 9, para [0203]);
a driving assembly (2-DM such as 2-100A, Figs. 17 and 22; page 9, para [0203]; page 11, para [0225]), driving the movable portion (2-MA, Fig. 17) to move relative to the fixed portion (2-FA, Fig. 17; page 9, para [0203]); and
a circuit assembly (combination of: 2-170, 2-106, 2-110, Fig. 17; page 10, para [0214]), electrically connected to the drive assembly (2-DM, Fig. 17 ; page 10, para [0214]).
Regarding claim 2, Hu discloses an optical element driving mechanism with all the limitations above and further discloses wherein the driving assembly (2-DM, Fig. 17) comprises:
a first driving unit (2-DA1, Fig. 17; page 10, para [0209]), having a first lead-out portion (2-SA1, Fig. 22; page 11, para [0220]);
a second driving unit (2-DA2, Fig. 17; page 10, para [0209]), having a second lead-out portion (2-SA2, Fig. 22; page 11, para [0220]); and
a first connecting portion (2-1061, Fig. 22; page 10, para [0219]), wherein the first driving unit (2-DA1, Figs. 17 and 22) is electrically connected to the second driving unit (2-DA2, Figs. 17 and 22) through the first connecting portion (2-1061, Fig. 22; page 11, para [0220]),
wherein:
the fixed portion (2-FA, Fig. 17) has a main axis (2-AX, Fig. 17; page 10, para [0218]) and is a polygonal structure (polygonal structure of 2-FA, Fig. 17), when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the first lead-out portion (2-SA1, Fig. 22) is located between the first driving unit (2-DA1, Fig. 22) and the second driving unit (2-DA2, Fig. 22);
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the first lead-out portion (2-SA1, Fig. 22) is located at a first corner (corner comprising 2-1061, Fig. 22) of the optical element driving mechanism (2-100, Fig. 17).
Regarding claim 3, Hu discloses an optical element driving mechanism with all the limitations above and further discloses wherein:
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the second lead-out portion (2-SA2, Fig. 22) is located between the first driving unit (2-DA1, Fig. 22) and the second driving unit (2-DA2, Fig. 22);
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the first connecting portion (2-1061, Fig. 22) is located between the first driving unit (2-DA1, Fig. 22) and the second driving unit (2-DA2, Fig. 22);
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the second lead-out portion (2-SA2, Fig. 22) is located at the first corner (corner comprising 2-1061, Fig. 22);
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the first connecting portion (2-1061, Fig. 22) is located at the first corner (corner comprising 2-1061, Fig. 22).
Regarding claim 4, Hu discloses an optical element driving mechanism with all the limitations above and further discloses wherein the driving assembly (2-DM such as 2-100A, Figs. 17 and 22) further comprises:
a third driving unit (2-DA3, Fig. 22; page 10, para [0209]), having a third lead-out portion (such as 2-SA1 of 2-DA3, Fig. 22);
a fourth driving unit (2-DA4, Fig. 22; page 10, para [0209]), having a fourth lead-out portion (such as 2SA2 of 2-DA4, Fig. 22); and
a second connecting portion (2-1063, Fig. 22; page 12, para [0243]), wherein the third driving unit (2-DA3, Fig. 22) is electrically connected to the fourth driving unit (2-DA4, Fig. 22) through the second connecting portion (2-1063, Fig. 22),
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the third lead-out portion (2-SA1 of 2-DA3, Fig. 22) is located at a third corner (corner comprising 2-1063, Fig. 22) of the optical element driving mechanism (2-100, Fig. 17).
Regarding claim 5, Hu discloses an optical element driving mechanism with all the limitations above and further discloses wherein:
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the fourth lead-out portion (such as 2-SA2 of 2-DA4, Fig. 22) is located at the third corner (corner comprising 2-1063, Fig. 22);
when viewed along the main axis (such as along Z direction, Figs. 17 and 22), the second connecting portion (2-1063, Fig. 22) is located at the third corner (corner comprising 2-1063, Fig. 22).
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.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (U.S. 2020/0209439).
Regarding claim 6, Hu discloses an optical element driving mechanism with all the limitations above but does not expressly disclose a position sensing assembly that senses a movement of the movable portion relative to the fixed portion, the position sensing assembly comprising:
a first reference element;
a first sensing element, corresponding to the first reference element; and
a balance element,
wherein:
the first reference element is a first magnetic element;
the balancing element is a second magnetic element.
However, Hu discloses an embodiment of the invention comprising a position sensing assembly (9-SA, Fig. 92; page 27, para [0386]) that senses a movement of a movable portion (9-MA, Fig. 92; page 27, para [0386]) relative to a fixed portion (9-FA, Fig. 92; page 27, para [0386]), the position sensing assembly (9-SA, Fig. 92) comprises: a first reference element (upper 9-RGE, Fig. 92; page 27, para [0390]); a first sensing element (9SE, Fig. 93; page 27, para [0390]), corresponding to the first reference element (upper 9-RGE, Fig. 93); and a balancing element (bottom 9-RGE, Fig. 93; page 27, para [0390]), wherein: the first reference element is a first magnetic element (upper 9-RGE is a first magnetic element, Figs. 93-94; page 27, para [0390]); the balancing element is a second magnetic element (bottom 9-RGE is a second magnetic element, Figs. 93-94; page 27, para [0390]) in order to sense the position and movement of the movable assembly relative to the fixed assembly (page 27, para [0386]).
Therefore, before the time of the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the optical element driving mechanism (2-100, Fig. 17) of Hu with the position sensing assembly (9-SA, Fig. 92; page 27, para [0386]) that senses a movement of the movable portion (2-MA, Fig. 17; 9-MA, Fig. 92; page 27, para [0386]) relative to the fixed portion (2-FA, Fig. 17; 9-FA, Fig. 92; page 27, para [0386]), wherein the position sensing assembly (9-SA, Fig. 92) comprises: a first reference element (upper 9-RGE, Fig. 92; page 27, para [0390]); a first sensing element (9SE, Fig. 93; page 27, para [0390]), corresponding to the first reference element (upper 9-RGE, Fig. 93); and a balancing element (bottom 9-RGE, Fig. 93; page 27, para [0390]), wherein: the first reference element is a first magnetic element (upper 9-RGE is a first magnetic element, Figs. 93-94; page 27, para [0390]); the balancing element is a second magnetic element (bottom 9-RGE is a second magnetic element, Figs. 93-94; page 27, para [0390]) in order to obtain the benefits of sensing the position and movement of the movable assembly relative to the fixed assembly as taught by Hu (Figs. 92-94; page 27, para [0386]).
Regarding claim 7, Hu discloses an optical element driving mechanism with all the limitations of claim 6 above and further discloses wherein a volume of the first magnetic element (such as volume of upper 9-RGE, Fig. 94) is larger than a volume of the second magnetic element (such as volume of portion S of bottom 9-RGE, Fig. 94).
Allowable Subject Matter
Claims 8-20 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art as presently searched does not disclose the optical element driving mechanism of claim 8 (having all the combination of features including wherein: when viewed along the main axis, the first magnetic element is located at the third corner; when viewed along the main axis, the second magnetic element is located at the first corner) and does not disclose the optical element driving mechanism of claim 12 (having all the combination of features including the circuit assembly comprises: a first circuit element, electrically connected to the first lead-out portion; a second circuit element, electrically connected to the fourth lead-out portion; and a third circuit element, wherein the second lead-out portion is electrically connected to the third lead-out portion through the third circuit element, wherein: when viewed along the main axis, the first circuit element is located at a first side portion of the optical element driving mechanism; when viewed along the main axis, the second circuit element is located at a third side portion of the optical element driving mechanism; when viewed along the main axis, the third circuit element is at least partially located at the first side portion). Claims 9-11 are objected to as being dependent on claim 6. Claims 13-20 are objected to as being dependent on claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL CHANG LEE whose telephone number is (571)270-7923. The examiner can normally be reached M-F 10am-6pm.
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, Michael H Caley can be reached at 571-272-2286. 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.
/PAUL C LEE/Primary Examiner, Art Unit 2871