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 .
DETAILED ACTION
Response to Amendment
The amendment filed on 02/12/2026 has been entered. Claims 1, 3-20 are now pending in the application. Claims 1, 3-4, 7-8, 16 and 19-20 have been amended and claim 2 has been canceled by the Applicant.
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.
Priority
As required by e M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on continuation of application #17383742 that claims priority from provisional Application # 63056183, filed 07/24/2020.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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.
Claims 1,3-11 and 13-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11921345. Although the claims at issue are not identical, they are not patentably distinct from each other as presented in the claim correspondence table below:
Instant application #18430014
U.S. Patent No. 11921345
Notes
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1,4
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(*) Note that the term “simultaneously” is not recited in claim 1 of US Pat 11921345, the whole phrase “and a first magnetic element, corresponding to the first coil and generating a first driving force, and corresponding to the second coil and generating a second driving force; wherein the first magnetic element corresponds to the first coil and the second coil simultaneously“, has the equivalent meaning to phrase “a first magnetic element, wherein the first magnetic element only has a single magnet, which corresponds to the first coil and generates a first driving force, wherein the first magnetic element also corresponds to the second coil and generates a second driving force” because the first magnetic element as only a single magnet, which corresponds to the first coil and generates a first driving force, wherein the first magnetic element as single magnet also corresponds to the second coil and generates a second driving force, given that single magnet corresponds to first coil and the second coil.
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 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 1,3-7, 9-12, and 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Iwamoto US 20210072489 A1 (of record, see IDS dated 02/01/2024).
In regard to independent claim 1, Iwamoto teaches (see Figs. 1-10) an optical element driving mechanism (i.e. as lens barrel 10 and camera device 1with with two movable lens frames 25, 28, and driver VCMs 50 and 55 see Title, Abstract, paragraphs [05-17, 28-42, 44-52, 61-64]), comprising:
a fixed portion (e.g. flange 21a, peripheral lens barrel 20 with fixed lens(es), fixed frames e.g. 22, 23, 24 and fixed parts, e.g. paragraphs [28-42, 44-52], Figs. 1-3);
a movable portion (movable lens groups in movable lens frames e.g. 25, 28, paragraphs [28-42, 44-52], Figs. 1-3), movable relative to the fixed portion (as lens groups in 25, 28 move relative to fixed 20, 21a portions and relative to each other, paragraphs [28-42, 44-52], Figs. 1-3), wherein the movable portion (movable lens groups in 25, 28) includes:
a first movable assembly connected to a first optical element (e.g. movable assembly lens frame e.g. 25 connected to first movable lens group 44, paragraphs [34-42, 44-52, 92-94], Figs. 1-5); and
a second movable assembly connected to a second optical element (e.g. movable assembly lens frame e.g. 28 connected to second movable lens group 45, paragraphs [34-42, 44-52, 92-94], Figs. 1-4, 6);
a first coil disposed at the first movable assembly (as coil portion 51 on 271-272 portions of 25, part of VCM 50, paragraphs [39-42]); and
a second coil disposed at the second movable assembly (e.g. coil portion 56 on 301-302 portions of 28, paragraphs [46-50], see Figs. 5-6);
wherein the first movable assembly is movable relative to the second movable assembly (as 25 is movable relative to 28, paragraphs [34-42, 44-52, Figs. 1-6);
wherein the fixed (21a, 20) portion further comprises:
a first guiding element with a first axis (e.g. guide shaft G1, G3, with first axis parallel to L, paragraphs [40-42, 48-53], Figs. 4-6), guiding the first movable assembly and the second movable assembly to move in a first dimension (guiding 25 and 28 to move along first dimension, along optical axis L, i.e. X1-X2 sides, paragraphs [28-30, 40-42, 48-53], Figs. 4-6); and
a second guiding element with a second axis (e.g. guide shaft G2, G4, with second axis parallel to L, paragraphs [40-42, 48-53], Figs. 4-6), guiding the first movable assembly and the second movable assembly to move in the first dimension (guiding 25 and 28 to move along first dimension, along optical axis L, i.e. X1-X2 sides, paragraphs [28-30, 40-42, 48-53], Figs. 4-6);
a first magnetic element, corresponding to the first coil and generating a first driving force (i.e. as one of magnets 53 and 58 attached to 20, corresponding to 51 and generating first driving force as part of VCM 50, paragraphs [39-42, 46-50], Figs. 5-6), and corresponding to the second coil and generating a second driving force (i.e. as one of magnets 53 and 58 attached to 20, corresponding to 56 and generating second driving force as part of VCM 55, paragraphs [39-42, 46-50], Figs. 5-6),
wherein the first magnetic element corresponds to the first coil and the second coil simultaneously (i.e. as magnet 53, 58 corresponds to 51, 56 simultaneously, paragraphs [39-42, 46-50], Figs. 5-6),
wherein the first magnetic element has a first surface facing the first coil and the second coil (i.e. as surface of one of 53, 58 facing 51, 56, paragraphs [39-42, 46-50], Figs. 5-6);
wherein a line connecting the first axis and the second axis intersects the first optical element when viewed along an optical axis of the first optical element (e.g. line connecting G1 and G2 intersects 44 lens group when viewed along optical axis L, paragraphs [28-30, 40-42, 48-53], Figs. 4-6);
wherein the fixed portion has a polygonal structure when viewed along the optical axis (i.e. as 20 with 21a anchoring G1-G4 in polygonal structure viewed in L axis, paragraphs [28-30, 40-42, 48-53], Figs. 4-6), and the first guiding element and the second guiding element are located at opposite corners of the fixed portion (i.e. as G1 and G2 are at opposite corners of fixed structure anchoring G1-G4 guide shafts, as depicted in Figs. 4-6, paragraphs [40-42, 48-53]); and
wherein the greatest length of the first coil is different from the greatest length of the second coil when viewed in a direction parallel to the first surface (e.g. as in direction of e.g. surface of 53 the greatest length, height of 51 is different from height of 56, as depicted in Figs. 2-3, 5-6, paragraphs [39-42, 46-50]).
Regarding claim 3, Iwamoto teaches (see Figs. 1-10) that the first coil faces the second coil (i.e. as 51 faces e.g. at least at an angle coil 56, as depicted in Figs. 2-3, 5-6, paragraphs [39-42, 46-50]).
Regarding claim 4, Iwamoto teaches (see Figs. 1-10) that the fixed portion (21a, 20) further comprises:
a second magnetic element, corresponding to the first coil and generating the first driving force (i.e. as other magnets 53 and 58 attached to 20, corresponding to 51 and generating first driving force as part of VCM 50, paragraphs [39-42, 46-50], Figs. 5-6), corresponding to the second coil and generating the second driving force (i.e. as other magnets 53 and 58 attached to 20, corresponding to 56 and generating second driving force as part of VCM 55, paragraphs [39-42, 46-50], Figs. 5-6), wherein the second magnetic element has a second surface facing the first coil and the second coil, and the first surface is parallel to the second surface (i.e. as surface of other 53, 58 facing 51, 58, and parallel to surface of one of 53, 58, as depicted in Figs. 2-3, 5-6, paragraphs [39-42, 46-50]).
Regarding claim 5, Iwamoto teaches (see Figs. 1-10) that the first movable assembly (25 and parts) further comprises:
a first through hole, in which the first guiding element is located ( as movable assembly lens frame e.g. 25 has a through hole in 273, 274 guide arm cylindrical portions for guiding shaft G1 of G1, G3, paragraphs [40-42, 48-53], Figs. 4-6); and
a first recess, in which the second guiding element is located (i.e. as 25 has recessed groove 276 for G2 of G2, G4 guiding shaft paragraphs [40-42, 48-53], Figs. 4-6);
wherein the second movable assembly (movable assembly lens frame e.g. 28 connected to second movable lens group 45) further comprises:
a second through hole, in which the first guiding element is located (i.e. as 28 has a through hole in 303, 306, guide arm cylindrical portions for guiding shaft G3 of G1, G3, paragraphs [40-42, 47-53], Figs. 4-6); and
a second recess, in which the second guiding element is located (i.e. as 28 has recessed groove 308 for G4 of G2, G4 guiding shaft, paragraphs [40-42, 46-53], Figs. 4-6); wherein the first recess and the second recess are recessed from the same direction (i.e. as recessed grove 276, 308 are recessed from same radial direction, as depicted Figs. 4-6, paragraphs [40-42, 46-53]).
Regarding claim 6, Iwamoto teaches (see Figs. 1-10) that the first through hole and the second through hole have enclosed structures (i.e. as 274, 306 in guide arms 273, 303 are cylindrical portions with enclosed structures, paragraphs [40-42, 47-53], see Figs. 4-6), and the first recess and the second recess have open structures (i.e. as recessed grooves 276, 308 have open portions, as depicted Figs. 4-6, paragraphs [40-42, 47-53]), wherein the second guiding element, that is located in the first recess and the second recess (as guide shaft G2 is in first recess 276, and G4 is on 308, of G2,G4 as depicted Figs. 4-6, paragraphs [40-42, 47-53]), is exposed from the first recess and the second recess (i.e. as understood as G2, G4 is at last partially exposed from 276, 308, as they face the same X1-X2 direction, and e.g. G4 is exposed in 308, as depicted Figs. 4-6, paragraphs [40-42, 47-53]).
Regarding claim 7, Iwamoto teaches (see Figs. 1-10) that the first through hole comprises two openings separated apart, and the openings completely overlap when viewed along the optical axis (as through hole in 273 arm is 274 guide cylindrical with two openings separated apart that completely overlap when viewed along the optical axis, X-direction paragraphs [40-42, 48-53], Figs. 4-6).
Regarding claim 9, Iwamoto teaches (see Figs. 1-10) that the line connecting the first axis and the second axis intersects the optical axis (e.g. as line from guide shaft G1 or G3, axis to guide shaft axis G2 or G4 passes optical axis L, as depicted due to positions of G1-G4,Figs. 4-6, paragraphs [40-42, 46-53]).
Regarding claim 10, Iwamoto teaches (see Figs. 1-10) that when viewed along the optical axis, the length of the line is greater than the length of the first coil or the length of the second coil in a direction that is perpendicular to the optical axis (i.e. as viewed in L direction due to distances of G1-G2, or G3 to G3 and lines passing through them are longer than lengths of 51 or 56, as depicted due to positions of G1-G4,Figs. 4-6, paragraphs [40-42, 46-53]).
Regarding claim 11, Iwamoto teaches (see Figs. 1-10) that when the fixed portion (20, 21,21a,22,23,24) further comprises a plurality of V-shaped structures corresponding to the first guiding element and the second guiding element (i.e. as G1-G4 are fixed to peripheral barrel and fixed frames in such v shaped structures, as best depicted in Figs. 1, 7, 4-6, paragraphs [40-42, 46-53]), and the first guiding element and the second guiding element are secured in the V-shaped structures (as G1-G4 are fixed to peripheral barrel and fixed frames in such v shaped structures, as best depicted in Figs. 1, 7, 4-6, paragraphs [40-42, 46-53]).
Regarding claim 12, Iwamoto teaches (see Figs. 1-10) that the fixed portion (20) further comprises a cover (far left portion of 20 in Fig. 7, paragraphs [40-42, 46-53]), wherein the edges of the first guiding element and the second guiding element are tangent to two sides of the V-shaped structure and to the cover (i.e. as edges of G1-G4 are tangent to two bottom sides of the v shaped (stepped) groove and to the cover on the far left side of 20, as best depicted in Fig. 7, paragraphs [40-42, 46-53]).
Regarding claim 16, Iwamoto teaches (see Figs. 1-10) that the fixed portion (20, 21, 21a, 22-24) further comprises:
a first fixed assembly connected to a third optical element (e.g. one of fixed frames 22, 23, 24 end parts of 20, with first, second or third fixed lens group 41,42, 43 paragraphs [30-36], Figs. 1-3); and
a second fixed assembly connected to a fourth optical element (e.g. another of fixed frames 22, 23, 24 with first, second or third fixed lens group 41,42, 43 paragraphs [30-36], Figs. 1-3);
wherein the first movable assembly and the second movable assembly are disposed between the first fixed assembly and the second fixed assembly (i.e. as movable lens frames 25, 28 with associated parts and movable lens groups (see e.g. claim 1 above) are between 22 or 23 and 24 fixed lens frames and their fixed lens groups, as depicted in Figs. 1-3, e.g. paragraphs [30-38]), and the first movable assembly and the second movable assembly are respectively movable relative to the first fixed assembly and the second fixed assembly (i.e. as movable assembly lens frame 25 and 28 are movable with respect to fixed lens barrel 20 with fixed lens frames and their parts, 22-24, paragraphs [30-42, 44-52, 92-94], Figs. 1-6, 10).
Regarding claim 17, Iwamoto teaches (see Figs. 1-10) that the first fixed assembly (one of 22-24) comprises:
a refractive element corresponding to the third optical element (e.g. as one of first/second fixed lens groups, 41, 42, where each of them corresponds to the other lens group, as depicted in Figs. 2-3, 10, paragraphs [30-42, 44-52, 92-94]); and
a first container containing the refractive element and the third optical element (i.e. as e.g. front fixed frame 21, 21a and/or fixed frame 23 contain fixed lens groups 41 and 42, as depicted in Figs. 2-3, 10, paragraphs [30-42, 44-52, 92-94]);
wherein the second fixed (e.g. end parts of 20 and fixed lens frame 24) assembly comprises: a second container containing the fourth optical element (i.e. as fixed lens frame 24 containing fixed lens group43, paragraphs [30-34], Figs. 1-3).
Regarding claim 18, Iwamoto teaches (see Figs. 1-10) that the fourth optical element extends beyond the second container (as fixed lens group 43 extends beyond the fixed lens frame 24, as depicted in Figs. 2-3, paragraphs [30-34]).
Regarding claim 19, Iwamoto teaches (see Figs. 1-10) that the first movable assembly (movable assembly lens frame e.g. 25 with lens group 44, paragraphs [34-42, 44-52, 92-94], Figs. 1-5, 10 ) further comprises:
a first holder holding the first optical element (as lens frame 25 with sliding and lens holding frames 27, 26 for lens group 44, paragraphs [34-42, 44-52, 92-94], Figs. 1-5, 10) ; and
a first sensing magnetic element disposed on a surface of the first holder (i.e. as sleeve portion, sheet, attached to 25 and corresponding to magnetic sensor 90 for detecting a sliding amount of the first movable lens frame 25, paragraphs [42, 51], see Figs. 2-5, 10);
wherein the second movable assembly (movable assembly lens frame e.g. 28 with lens group 44, paragraphs [34-42, 44-52, 92-94], Figs. 1-6, 10) further comprises:
a second holder holding the second optical element (as lens frame 28 with sliding and lens holding frames 30, 29 for lens group 45, paragraphs [34-42, 44-52, 92-94], Figs. 1-5, 10); and
a second sensing magnetic element disposed on a surface of the second holder (i.e. as sleeve portion 305 attached to 28 and corresponding to magnetic sensor 95 for detecting a sliding amount of the movable lens frame 28, paragraphs [42, 51], see Figs. 2-5, 10); wherein the first sensing magnetic element and the second sensing magnetic element face the same direction (as sleeve portion mag. sheet of 90 and sleeve portion 305 of 95 face radial outward direction, as depicted in Figs. 2-6, 10, paragraphs [42, 51).
Regarding claim 20, Iwamoto teaches (see Figs. 1-10) that the first holder comprises one or more bumps disposed on the side of the first holder that faces the second holder (e.g. bumps on lens supporting frame 26 of 25 and bumps as shocking absorbing members 60 all facing 28, as depicted in Figs. 2-5, paragraphs [30-43, 68, 78-87]).
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 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto US 20210072489 A1 in view of Kawanabe US 20190271825 A1 (both of record, see IDS dated 02/01/2024).
Regarding claim 8, Iwamoto teaches (see Figs. 1-10) the invention as set forth above, but does not specify that the first guiding element and the second guiding element (G1,G3, G2,G4) are made of metal and each includes an insulated layer that is disposed on the surface of the first guiding element or of the second guiding element.
However, Kawanabe teaches in the same field of invention of a lens guide/moving device and imaging apparatus (see e.g. Figs. 1-6, Title, Abstract, paragraphs [02, 6-18, 44-56, 81]) and further teaches that the first guiding element and the second guiding element (a guide shafts e.g. 51, 52 or 53, paragraphs [44-56, 81]) are made of metal and each includes an insulated layer that is disposed on the surface of the first guiding element or of the second guiding element (i.e. as guide shafts are made of metal as non-magnetic stainless steel and can have synthetic resin surface, therefore ensuring that influence of magnetic field is removed or reduced, see paragraphs [55-56, 81]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Kawanabe to specify the material of guide shafts of Iwamoto so that the first and second guiding elements are made of metal and each includes has insulated layer that is disposed on its’ surface of the first guiding element or of the second guiding element, in order to ensure that influence of magnetic field is removed or reduced, see paragraphs [55-56, 81]).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto US 20210072489 A1 in view of Shirono et al. (hereafter Shirono) US 20070217775 A1 (both of record, see IDS dated 02/01/2024).
Regarding claim 13, Iwamoto teaches (see Figs. 1-10) the invention as set forth above, but is silent further comprising: a first resilient element electrically connected to the first movable assembly (25); a second resilient element electrically connected to the second movable assembly (28); a third resilient element electrically connected to the first movable assembly (25); and a fourth resilient element electrically connected to the second movable assembly (28; namely the VCMs 50 and 55 include coil parts 51, 56 on movable parts 25 and 28 respectively, paragraphs [39-42, 46-50], Figs. 5-6 and 1 has the magnitude and direction of current to VCMs and 51, 56 is controlled by lens control unit 100 and main body control unit 120, paragraphs [42, 50, 61-64, 66-70, 87-88], but the connections to coils is not specified).
However, Shirono teaches in the same field of invention of a camera module and portable terminal using the same (see e.g. Figs. 1-6, 10-13, Title, Abstract, paragraphs [01, 37-45, 136-142, 142-155, 159-162, 172, ]) and further teaches the camera module (1, with first and second movable lens assemblies 10, 15 with lenses 12, 17 in lens holders 11, 16, paragraphs [122, 136-142, 142-155) comprising: a first resilient element electrically connected to the first movable assembly (forked leaf spring flexible wiring 14a,b electrically connected to driving element 20 on lens holder 11 of 10, paragraphs [147-153], Figs. 2-5); a second resilient element electrically connected to the second movable assembly (forked leaf spring flexible wiring 19a,b electrically connected to driving element 20a on lens holder 16 of 15, paragraphs [154-155], Figs. 6, Figs. 6-8, 11-13); a third resilient element electrically connected to the first movable assembly (return portion flexible wiring 14c, also end portion 14d electrically connected to driving element 20 on lens holder 11 of 10 and camera main body module 22, paragraphs [147-153, 171], Figs. 2-5); and a fourth resilient element electrically connected to the second movable assembly (return portion flexible wiring 19c, also end portion 19d electrically connected to driving element 20a on lens holder 16 of 15 and camera main body module 22, paragraphs [153-155, 171], Figs. 6-8, 11-13, therefore providing voltages to driving members operating portions through spring members with flexible wiring and realizing relative movement of movable lens holders with respect to engaged object, paragraphs [ 147-155, 171]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teaching of Shirono to moving lens holders of Iwamoto specifying first resilient element electrically connected to the first movable assembly (25), second resilient element electrically connected to the second movable assembly (28) third resilient element electrically connected to the first movable assembly (25) and fourth resilient element electrically connected to the second movable assembly (28) in order to provide voltages to driving members operating portions through such spring members with flexible wiring and realizing relative movement of movable lens holders with respect to engaged object, see Shirono, paragraphs [ 147-155, 171]).
Potentially Allowable Subject Matter
Claims 14 and 15 are still 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.
Specifically, the prior art taken either singly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 USC 102 or 103 would be improper. Regarding claim 14, the prior art taken either singly or in combination fails to anticipate or fairly suggest all limitations of claim 14, in combination with all other claimed limitations of the base and intervening claims.
With respect to claim 15, this claim depends on claim 14 and is objected at least for the reasons stated supra.
Response to Arguments
Applicant's arguments filed in the Remarks dated 02/12/2026 have been fully considered but they are not persuasive. Specifically, Applicant argues on pages 8-10 of the Remarks, that the cited prior art of Iwamoto or Kawanabe, does not disclose the amended limitation in claim 1, namely (1) “first magnetic element, corresponding to the first coil and generating a first driving force, and corresponding to the second coil and generating a second driving force; wherein the first magnetic element corresponds to the first coil and the second coil simultaneously; and the first magnetic element has a first surface facing the first coil and the second coil”, because Iwamoto does not disclose that the first magnetic element corresponds to the first coil and the second coil simultaneously since allegedly magnet 53 corresponds to coil 51 and magnet 58 corresponds to coil 56. The Examiner respectfully disagrees. With respect to the above issue (1), as noted in the rejection above, the cited prior art of Iwamoto teaches all limitations of claim 1, including the limitation raised under issue (1) above, as Iwamoto teaches (see Figs. 1-10) an optical element driving mechanism (i.e. as lens barrel 10 and camera device 1with with two movable lens frames 25, 28, and driver VCMs 50 and 55 see Title, Abstract, paragraphs [05-17, 28-42, 44-52, 61-64]), comprising:
a fixed portion (e.g. flange 21a, peripheral lens barrel 20 with fixed lens(es), fixed frames e.g. 22, 23, 24 and fixed parts, e.g. paragraphs [28-42, 44-52], Figs. 1-3);
a movable portion (movable lens groups in movable lens frames e.g. 25, 28, paragraphs [28-42, 44-52], Figs. 1-3), movable relative to the fixed portion (as lens groups in 25, 28 move relative to fixed 20, 21a portions and relative to each other, paragraphs [28-42, 44-52], Figs. 1-3), wherein the movable portion (movable lens groups in 25, 28) includes:
a first movable assembly connected to a first optical element (e.g. movable assembly lens frame e.g. 25 connected to first movable lens group 44, paragraphs [34-42, 44-52, 92-94], Figs. 1-5); and
a second movable assembly connected to a second optical element (e.g. movable assembly lens frame e.g. 28 connected to second movable lens group 45, paragraphs [34-42, 44-52, 92-94], Figs. 1-4, 6);
a first coil disposed at the first movable assembly (as coil portion 51 on 271-272 portions of 25, part of VCM 50, paragraphs [39-42]); and
a second coil disposed at the second movable assembly (e.g. coil portion 56 on 301-302 portions of 28, paragraphs [46-50], see Figs. 5-6);
wherein the first movable assembly is movable relative to the second movable assembly (as 25 is movable relative to 28, paragraphs [34-42, 44-52, Figs. 1-6);
wherein the fixed (21a, 20) portion further comprises:
a first guiding element with a first axis (e.g. guide shaft G1, G3, with first axis parallel to L, paragraphs [40-42, 48-53], Figs. 4-6), guiding the first movable assembly and the second movable assembly to move in a first dimension (guiding 25 and 28 to move along first dimension, along optical axis L, i.e. X1-X2 sides, paragraphs [28-30, 40-42, 48-53], Figs. 4-6); and
a second guiding element with a second axis (e.g. guide shaft G2, G4, with second axis parallel to L, paragraphs [40-42, 48-53], Figs. 4-6), guiding the first movable assembly and the second movable assembly to move in the first dimension (guiding 25 and 28 to move along first dimension, along optical axis L, i.e. X1-X2 sides, paragraphs [28-30, 40-42, 48-53], Figs. 4-6);
a first magnetic element, corresponding to the first coil and generating a first driving force (i.e. as one of magnets 53 and 58 attached to 20, corresponding to 51 and generating first driving force as part of VCM 50, paragraphs [39-42, 46-50], Figs. 5-6), and corresponding to the second coil and generating a second driving force (i.e. as one of magnets 53 and 58 attached to 20, corresponding to 56 and generating second driving force as part of VCM 55, paragraphs [39-42, 46-50], Figs. 5-6),
wherein the first magnetic element corresponds to the first coil and the second coil simultaneously (i.e. as magnet 53, 58 corresponds to 51, 56 simultaneously, paragraphs [39-42, 46-50], Figs. 5-6),
wherein the first magnetic element has a first surface facing the first coil and the second coil (i.e. as surface of one of 53, 58 facing 51, 56, paragraphs [39-42, 46-50], Figs. 5-6);
wherein a line connecting the first axis and the second axis intersects the first optical element when viewed along an optical axis of the first optical element (e.g. line connecting G1 and G2 intersects 44 lens group when viewed along optical axis L, paragraphs [28-30, 40-42, 48-53], Figs. 4-6);
wherein the fixed portion has a polygonal structure when viewed along the optical axis (i.e. as 20 with 21a anchoring G1-G4 in polygonal structure viewed in L axis, paragraphs [28-30, 40-42, 48-53], Figs. 4-6), and the first guiding element and the second guiding element are located at opposite corners of the fixed portion (i.e. as G1 and G2 are at opposite corners of fixed structure anchoring G1-G4 guide shafts, as depicted in Figs. 4-6, paragraphs [40-42, 48-53]); and
wherein the greatest length of the first coil is different from the greatest length of the second coil when viewed in a direction parallel to the first surface (e.g. as in direction of e.g. surface of 53 the greatest length, height of 51 is different from height of 56, as depicted in Figs. 2-3, 5-6, paragraphs [39-42, 46-50]).
Specifically, Iwamoto teaches that first magnetic element, corresponding to the first coil and generating a first driving force (i.e. as one of magnets 53 and 58 attached to 20, corresponding to 51 and generating first driving force as part of VCM 50, paragraphs [39-42, 46-50], Figs. 5-6), and corresponding to the second coil and generating a second driving force (i.e. as one of magnets 53 and 58 attached to 20, corresponding to 56 and generating second driving force as part of VCM 55, paragraphs [39-42, 46-50], Figs. 5-6),
wherein the first magnetic element corresponds to the first coil and the second coil simultaneously (i.e. as magnet 53, 58 corresponds to 51, 56 simultaneously, paragraphs [39-42, 46-50], Figs. 5-6),
wherein the first magnetic element has a first surface facing the first coil and the second coil (i.e. as surface of one of 53, 58 facing 51, 56, paragraphs [39-42, 46-50], Figs. 5-6).
In response to applicant's argument that the references fail to show certain features of applicant’s invention, it is noted that the features upon which applicant relies (i.e., that first magnet must be a one single magnet) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claim does not require that the first magnetic element is only one single magnetic piece. To this point it is held that the singular elements recited by the claims are not required by Applicant's claim language to be exclusive. The preamble word "comprising" is open- ended and thus does not require the exclusivity of the recited elements, but allows the reference or combination of references to contain other elements as well. Additionally, "[t]he word 'comprising' transitioning from the preamble to the body signals that the entire claim is presumptively open-ended." In Gillette Co. V. Energizer Holdings Inc., 405 F.3d 1367, 74 USPQ2d 1586 (Fed. Cir. 2005). See also Mars Inc. V. H.J. Heinz Co., 377 F.3d 1369, 1376, 71 USPQ2d 1837, 1843 (Fed. Cir. 2004) ("like the term comprising,' the terms containing' and mixture' are open-ended."), Invitrogen Corp. V. Biocrest Mfg., L.P., 327 F.3d 1364, 1368, 66 USPQ2d 1631, 1634 (Fed. Cir. 2003) ("The transition comprising' in a method claim indicates that the claim is open-ended and allows for additional steps."); Genentech, Inc. V. Chiron Corp., 112 F.3d 495, 501, 42 USPQ2d 1608, 1613 (Fed. Cir. 1997). (MPEP $2111.02.). Moreover although the cited reference(s) is/are different from the invention disclosed by Applicant, the language of Applicant's claims is sufficiently broad to reasonably read on the cited reference(s). Lastly it is noted that "[t]he use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968))." MPEP §2123). Therefore, the cited prior art of Iwamoto teaches all limitations of claim 1, including the limitation raised under issue (1) above. The cited prior art of Kawamoto was not relied upon in rejection of claim 1 and it’s limitation noted under issue (1).
No additional substantial arguments were presented in the Remarks dated 02/12/2026 after page 10.
Regarding the double patenting rejection of claims 1-11 and 13-20 rejected on the grounds of non-statutory obviousness-type double patenting over claims 1-19 of U.S. Patent 11,921,345, it is noted that the claims of the patent 11921345 still read on the amended limitations of instant application, as explained in the Double Patenting Rejection section above.
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.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872