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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent US 11630280 B2.
Regarding claim 1, the limitations of the claim are set forth in claim 1 of the '796 US patent as set forth below:
Claims of Instant Application
Claims of US 11630280 B2
Claim 1:
An optical system, comprising:
a first movable portion used for connecting a first optical element;
a fixed portion, wherein the first movable portion is movable relative to the fixed portion; and
a first driving assembly used for driving the first movable portion to move relative to the fixed portion.
Claim 1:
An optical element driving mechanism, comprising:
a fixed part;
a movable part, movable relative to the fixed part, and connected to an optical element;
a driving assembly, driving the movable part to move relative to the fixed part; and
wherein the movable part is movable relative to the fixed part via the supporting assembly in a range of motion,
Regarding claim 1, when two claims are so close in content that they both cover the same limitations, despite a minor difference in wording, so as to be substantial duplicates of one another, a double patenting rejection is proper (MPEP 706.03). It is understood that the pixel array substrate of the instant application needs a plurality of data lines and a plurality of scan lines connected the pixel electrodes to drive the pixel array substrate.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al. (US 2021/0396946, hereinafter “Hu”).
Regarding claim 1, Hu disclose an optical system (Figs. 1-14; see Paras. [0025]-[0038] identifying the embodiment shown in Figs. 1-14), comprising:
a first movable portion (9-20 in Figs. 3-4; Para. [0044]) used for connecting a first optical element (9-110; Para. [0053]);
a fixed portion (9-10, 9-62 in Figs. 3-4; Paras. [0044]-[0045]), wherein the first movable portion is movable relative to the fixed portion (Paras. [0044], [0069]); and
a first driving assembly (9-30; Para. [0045]) used for driving the first movable portion to move relative to the fixed portion (Para. [0055]).
Regarding claim 2, Hu discloses the limitations of claim 1 above, and further discloses a first circuit element (9-129, 9-611, 9-613 in Fig. 13; Paras. [0062] “The circuit element 9-61 of the circuit assembly 9-60 includes a circuit element surface 9-611 … a second circuit element receiving portion 9-613”, [0065] “The circuit member 9-129 is electrically connected to the circuit element 9-6”);
wherein:
the fixed portion comprises a first case and a first bottom (9-111 and 9-62 in Figs. 3-4; Paras. [0046] and [0063]);
the first movable portion is disposed between the first case and the first bottom (Figs. 3-; 9-20 disposed between 9-111 and 9-62);
the first circuit element comprises a first segment (9-129 in Fig. 13), a second segment (9-611), and a third segment (9-613);
the first segment connects to the second segment (Fig. 13);
the second segment connects to the third segment (Fig. 13).
Regarding claim 3, Hu discloses the limitations of claim 2 above, and further discloses wherein:
a normal vector of the first segment is not parallel to a normal vector of the second segment (Fig. 13);
the normal vector of the second segment is not parallel to a normal vector of the third segment (Fig. 13);
the first segment is disposed between the first bottom and the first driving assembly (9-129 between 9-62 and 9-30);
the second segment is exposed from the first bottom (9-611 exposed from 9-62).
Regarding claim 4, Hu discloses the limitations of claim 3 above, and further discloses wherein:
the fixed portion further comprises a second bottom (9-21 in Fig. 9) used for connecting to a second optical element (9-110; Para. [0053] “the optical element holder 9-21 … connected to the optical element 9-110”);
a light enters the first optical element along a first axis (see 9-L entering 9-110 along 9-D1 in Fig. 2);
the first optical element and the second optical element are arranged along the first axis (Figs. 2 and 4);
the third segment and the second optical element at least partially overlap each other in a direction that the first axis extends (Figs. 2 and 4);
the third segment and the second bottom at least partially overlap each other in the direction that the first axis extends (Figs. 2 and 4).
Regarding claim 5, Hu discloses the limitations of claim 4 above, and further discloses wherein:
the second optical element comprises a first surface (the surfaces on 9-110 in Figs. 2-3), a first surface structural region (the vertical surface on 9-110), a second surface structural region (the top surface on 9-110), and a third surface structural region (the surface connecting the vertical surface and the top surface, which reflects 9-L);
the first surface structural region, the second surface structural region, and the third surface structural region are disposed on the first surface (Fig. 3);
the first surface structural region is transparent (see Fig. 2 in which 9-L passes therethrough);
the second surface structural region is transparent (see Fig. 2 in which 9-L passes therethrough);
the third surface structural region is opaque (see Fig. 2 in which 9-L is reflected therethrough; Para. [0043]) (the examiner considers the region is opaque when viewed from the other side of the region with respect to 9-L);
the third surface structural region is between the first surface structural region and the second surface structural region (Fig. 2);
the first surface structural region and the first optical element at least partially overlap each other in the direction that the first axis extends (Fig. 2).
Claim Rejections - 35 USC § 103
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Yu et al. (US 20180299651, hereinafter “Yu”).
Regarding claim 6, Hu discloses the limitations of claim 5 above.
Hu does not disclose, further comprising an optical sensor, wherein:
the second surface structural region and the optical sensor at least partially overlap each other in the direction that the first axis extends;
the first surface structural region and the second surface structural region do not overlap each other in the direction that the first axis extends.
However, Yu teaches providing an optical sensor (U disposed below P in Fig. 3; Para. [0031]), wherein:
a second surface structural region and the optical sensor at least partially overlap each other in the direction that a first axis extends (Fig. 3, see the top surface on P and U overlap along the z direction);
a first surface structural region and the second surface structural region do not overlap each other in the direction that the first axis extends (Fig. 3, see the vertical surface and the top surface on P do not overlap each other along the z direction).
It would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the invention to modify the optical system as disclosed by Hu with the teachings of Yu, to have an optical sensor, wherein: the second surface structural region and the optical sensor at least partially overlap each other in the direction that the first axis extends; the first surface structural region and the second surface structural region do not overlap each other in the direction that the first axis extends, for the purpose of sensing, for example, the positional relationship between the movable portion and the fixed portion (Yu: Para. [0031]).
Allowable Subject Matter
Claims 7-20 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:
Regarding claim 7, Hu discloses the limitations of claim 6 above, and further discloses wherein: the second optical element further comprises a second surface and a third surface facing the second bottom (side surfaces on 9-110).
However, Hu and Yu fail to explicitly disclose, in light of the specification, “the first surface and the second surface are not parallel or perpendicular; the first surface and the third surface are not parallel or perpendicular; the second surface and the third surface are not parallel or perpendicular”. Rather, Hu teaches away from the invention because base sidewalls of the second optical element of Hu being parallel along the first axis (Para. [0048]).
The examiner further considered Hsu et al. (US 20200209607, hereinafter “Hsu”) and Okuda (US 2015/0160438). However, Hu, Yu, Hsu and Okuda, applied alone or in combination fails to teach or suggest the combination and arrangement of elements recited in Applicant's claim 7.
Dependent claims 8-20 are allowable by virtue of their dependence on claim 7.
Conclusion
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/JONATHAN Y JUNG/Primary Examiner, Art Unit 2871