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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 1-4 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Konuma et al. (US 2018/0239217).
Regarding claim 1, Konuma discloses an optical-element driving device (see figures 4-6, for instance) that supports a movable part (11) and a housing (121) above a fixing part (20) by a supporting part (33A, 33B), the movable part (11) being capable of holding an optical element (in 111a), the housing (121) being configured to house the movable part (11), the optical-element driving device being configured to move the movable part and the housing by driving a driving part (122), wherein the supporting part (33A, 33B) includes at least one set of a plurality of wire members aligned with each other, configured to couple the fixing part (20) to the housing (121), and connected to an electrical component ([0102]) of the fixing part (20), and the fixing part (20) includes a recessed portion (portion of 23 at the corner accommodating 33A, 33B) that is recessed in an upper-lower direction and exposes, on a bottom portion of the recessed portion, a connecting part for connection between the electrical component (132g; [0037]; [0102]) and each of the plurality of wire members (33A, 33B), the recessed portion including a sidewall (sidewall portion of 23 adjacent 33A, 33B) that includes a first portion (portions of sidewall of recess of 23 adjacent 33A, 33B) and a second portion (between 33A, 33B) in a direction in which the plurality of wire members (33A, 33B) are aligned with each other, the first portion (portion of sidewall of 23 adjacent 33A, 33B) being located at a position corresponding to each of the plurality of wire members (33A, 33B), the second portion (portion of sidewall of 23 between 33A, 33B) being located between adjacent ones of a plurality of the first portions.
Although Konuma does not expressly disclose the sidewall being shaped to be indented at the first portion so as to bypass a corresponding wire member, and to protrude at the second portion toward a gap between the adjacent wire members, Konuma discloses the sidewall of the movable part (100) being shaped to be indented at the first portion (adjacent 33A, 33B, see figure 5, for instance) so as to bypass a corresponding wire member (33A, 33B), and to protrude at the second portion (see figure 5, portion of 100, protruding between 33A, 33B) toward a gap between the adjacent wire members (33A, 33B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the indented first portion shape of the sidewall of the movable part 100 in the sidewall structure of the fixing part 20. The motivation for doing so would have been to more surely accommodate the wiring members 33A and 33B, while exercising the shape of the sidewall as a matter of design choice (see MPEP § 2144 IV. B.).
Regarding claim 2, Konuma discloses the optical-element driving device according to claim 1, wherein the sidewall (of 23) does not overlap at the first portion with the electrical component in the upper-lower direction, but overlaps at the second portion (of 23, in combination with that of 100) with the electrical component in the upper-lower direction (see figure 5).
Regarding claim 3, Konuma discloses a camera module, comprising: the optical-element driving device according to claim 1; the optical element (in 111a); and an image capturing part ([0038]) configured to capture a subject image imaged by the optical element.
Regarding claim 4, Konuma discloses a camera-mounted device that is an information apparatus or a transporting apparatus, the camera-mounted device comprising: the camera module according to claim 3; and an image processing part ([0126]) configured to process image information obtained by the camera module.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL R BRIGGS whose telephone number is (571)272-8992. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at (571)-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANAEL R BRIGGS/Primary Examiner, Art Unit 2871 12/31/2025