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 .
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.
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Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/496,829 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 limitations in Application 18/495,556 are claimed in the limitations of Claim 1 in Application 18/496,829.
Application 18/495,556
Application 18/496,829
Claim 1:
An optical element driving mechanism for accommodating a first optical element and comprising:
a fixed assembly:
a movable part, configured to be connected to a second optical element, wherein the second optical element corresponds to the first optical element, and the movable part is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable part to move relative to the fixed assembly;
wherein the fixed assembly includes a first accommodating space configured to accommodate the first optical element.
Claim 1:
An optical element driving mechanism for accommodating a first optical element and comprising:
a fixed assembly:
a movable assembly, configured to be connected to a second optical element, wherein the second optical element corresponds to the first optical element, and the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes a first accommodation pace configured to accommodate the first optical element,
wherein the movable assembly includes a second accommodation space configured to accommodate the first optical element, and wherein the second accommodation space is located in the first accommodation space.
Claims 1 and 2 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/495,400 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1 and 2 in Application 18/495,556 claim all of the limitations of Claims 1 and 2 in Application 18/495,400.
Application 18/495,556
Application 18/495,400
Claim 1:
An optical element driving mechanism for accommodating a first optical element and comprising:
a fixed assembly:
a movable part, configured to be connected to a second optical element, wherein the second optical element corresponds to the first optical element, and the movable part is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable part to move relative to the fixed assembly;
wherein the fixed assembly includes a first accommodating space configured to accommodate the first optical element
Claim 1:
An optical element driving mechanism for accommodating a first optical element and comprising:
a fixed assembly:
a movable part, configured to be connected to a second optical element, wherein the second optical element corresponds to the first optical element, and the movable part is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable part to move relative to the fixed assembly;
wherein the fixed assembly includes a first accommodating space configured to accommodate the first optical element.
Claim 2:
The optical element driving mechanism as claimed in claim 1, wherein
the movable part includes a second accommodation space configured to accommodate the first optical element;
the second accommodation space is located in the first accommodation space;
the second optical element defines an optical axis;
the optical axis passes through the second optical element and the first optical element;
when viewed along the optical axis, the movable part has a long strip-shaped structure.
Claim 2:
The optical element driving mechanism as claimed in claim 1, wherein
the movable part includes a second accommodation space configured to accommodate the first optical element;
the second accommodation space is located in the first accommodation space;
the second optical element defines an optical axis;
the optical axis passes through the second optical element and the first optical element;
when viewed along the optical axis, the movable part has a long strip-shaped structure.
Claims 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/495,102 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-3 limitations in Application 18/495,556 are claimed in the limitations of Claims 1-3 in Application 18/495,102.
Application 18/495,556
Application 18/495,102
Claim 1:
An optical element driving mechanism for accommodating a first optical element and comprising:
a fixed assembly:
a movable part, configured to be connected to a second optical element, wherein the second optical element corresponds to the first optical element, and the movable part is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable part to move relative to the fixed assembly;
wherein the fixed assembly includes a first accommodating space configured to accommodate the first optical element.
Claim 1:
An optical element driving mechanism for accommodating a first optical element and comprising:
a fixed assembly:
a movable part, configured to be connected to a second optical element, wherein the second optical element corresponds to the first optical element, and the movable part is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable part to move relative to the fixed assembly;
wherein the fixed assembly includes a first accommodating space configured to accommodate the first optical element.
Claim 2:
The optical element driving mechanism as claimed in claim 1, wherein
the movable part includes a second accommodation space configured to accommodate the first optical element;
the second accommodation space is located in the first accommodation space;
the second optical element defines an optical axis;
the optical axis passes through the second optical element and the first optical element;
when viewed along the optical axis, the movable part has a long strip-shaped structure.
Claim 2:
The optical element driving mechanism as claimed in claim 1, wherein
the movable part includes a second accommodation space configured to accommodate the first optical element;
the second accommodation space is located in the first accommodation space;
the second optical element defines an optical axis;
the optical axis passes through the second optical element and the first optical element;
when viewed along the optical axis, the movable part has a long strip-shaped structure.
Claim 3:
The optical element driving mechanism as claimed in claim 2, wherein the movable part further includes a first side wall,
a second side wall and a first opening; when viewed along the optical axis,
the first side wall is located on one side of the first optical element; when viewed along the optical axis, the second side wall is located on other side of the first optical element;
when viewed along the optical axis, the first optical element is located between the first side wall and the second side wall; the first opening corresponds to the first optical element;
when viewed along a first axis, at least a portion of the first optical element is exposed from the first opening; the first axis is not parallel to the optical axis.
Claim 3:
The optical element driving mechanism as claimed in claim 2, wherein the movable part further includes comprises a first side wall,
a second side wall and a first opening; when viewed along the optical axis,
the first side wall is located on one side of the first optical element; when viewed along the optical axis, the second side wall is located on other side of the first optical element;
when viewed along the optical axis, the first optical element is located between the first side wall and the second side wall; the first opening corresponds to the first optical element;
when viewed along a first axis, at least a portion of the first optical element is exposed from the first opening; and the first axis is not parallel to the optical axis.
This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the first accommodation space" but claims "a second accommodation space" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 states “a first accommodating space”, but most limitations following in dependent claims, state "first accommodation space". Examiner requests Applicant change Claim 1 limitation to "first accommodation space" since the following limitations use “accommodation " vs “accommodating ". For examination purposes, "the first accommodation space" and "second accommodation space" will be taken as "first accommodating space" and "second accommodating space".
Claims 3-20 depend from this claim and inherit the deficiencies thereof.
Claim Rejections - 35 USC § 102
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.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin et al., (hereafter Lin) (US 2021/0302690 A1), as best understood.
With respect to Claim 1, Lin discloses an optical element driving mechanism for accommodating a first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]) and comprising: a fixed assembly (7-FA, Figure 78); a movable part (7-MA, Figure 78), configured to be connected to a second optical element (7-MA configured to hold an optical element (not shown in the figures), ¶[0195]), wherein the second optical element (optical element, ¶[0195]) corresponds to the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]), and the movable part (7-MA, Figure 78) is movable relative to the fixed assembly (7-FA, Figure 78); and a driving assembly (7-DA1 and 7-DA2, Figure 78), configured to drive the movable part (7-MA, Figure 78) to move relative to the fixed assembly (7-FA, Figure 78); wherein the fixed assembly (7-FA, Figure 78) includes a first accommodating space (one of 1023, Figure 78; see ¶[0455]) configured to accommodate the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]).
With respect to Claim 2, Lin further discloses wherein the movable part (7-MA, Figure 78) includes a second accommodation space (second of 1023, Figure 78; see ¶[0455]) configured to accommodate the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]); the second accommodation space (second of 1023, Figure 78; see ¶[0455]) is located in the first accommodation space (one of 1023, Figure 78; see ¶[0455]); the second optical element (optical element, ¶[0195]) defines an optical axis (7-O, Figure 78; see also ¶[0197]); the optical axis (7-O, Figure 78) passes through the second optical element (optical element, ¶[0195]) and the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]); when viewed along the optical axis (7-O, Figure 78), the movable part (7-MA, Figure 78) has a long strip-shaped structure (see 7-MA, Figure 78).
With respect to Claim 3, Lin further discloses wherein the fixed assembly (7-FA, Figure 78) further includes a base (7-112, Figure 788) and an outer frame (7-104, Figure 78); the outer frame (7-104, Figure 78) is fixedly connected to the base (7-112, Figure 78) and forms the first accommodation space (one of 1023, Figure 78; see ¶[0455]); the base (7-112, Figure 78) has a base plate (image sensing element (not shown in the figures) disposed below the base 7-112, ¶[0455]) with a plate-shaped structure (see Figure 78); the fixed assembly (7-FA, Figure 78) further includes a first supporting portion (7-1123, Figure 87; see also ¶[0484]) which is disposed on the base (7-112, Figure 78) to accommodate the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]); the first supporting portion (7-1123, Figure 87; see also ¶[0484]) extends and protrudes (¶[0484]) along a first axis (y-axis, Figure 87) from the base plate (image sensing element (not shown in the figures) disposed below the base 7-112, ¶[0455]); the first axis (y-axis, Figure 87) is not parallel to the optical axis (7-O, Figure 78; see also ¶[0197]); the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]) is fixedly connected to the first supporting portion (7-1123, Figure 87; see also ¶[0484]).
With respect to Claim 4, Lin further discloses the optical element driving mechanism as claimed in claim 3, wherein the movable part (7-MA, Figure 78) further includes a top wall (top of 7-104, Figure 78) and a second opening (7-1081, Figure 78); the top wall (top of 7-104, Figure 78) corresponds to the second optical element (optical element, ¶[0195]); the second opening (7-1081, Figure 78) corresponds to the second optical element (optical element, ¶[0195]) and is located on the top wall (top of 7-104, Figure 78); the optical axis (7-O, Figure 78; see also ¶[0197]) passes through the second opening (7-1081, Figure 78); the movable part (7-MA, Figure 78) further includes a third side wall (one of 7-1045, Figure 84) and a fourth side wall (second of 7-1045, Figure 84); the third side wall (one of 7-1045, Figure 84) is connected between the first side wall (one side of 7-104, Figure 78) and the top wall (top of 7-104, Figure 78); the fourth side wall (second of 7-1045, Figure 84) is connected between the second side wall (second side of 7-104, Figure 78) and the top wall (top of 7-104, Figure 78); when viewed along the first axis (y-axis, Figure 87), the third side wall (one of 7-1045, Figure 84) and the fourth side wall (second of 7-1045, Figure 84) each have an L-shaped structure (see annotated Figure 84 below).
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With respect to Claim 5, Lin further discloses wherein the fixed assembly (7-FA, Figure 78) further includes a base (7-112, Figure 78) and an outer frame (7-104, Figure 78); the outer frame (7-104, Figure 78) is fixedly connected to the base (7-112, Figure 78) to form the first accommodation space (one of 1023, Figure 78; see ¶[0455]); the base (7-112, Figure 78) has a base plate (bottom/protruding portion of 7-112, Figure 78) with a plate-shaped structure (7-112 has a plate structure, Figure 78); the fixed assembly (7-FA, Figure 78) further includes a first supporting portion (7-1123, Figure 87; see also ¶[0484]) which is disposed on the base (7-112, Figure 78) to accommodate the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]); the first supporting portion (7-1123, Figure 87; see also ¶[0484]) extends and protrudes along the first axis (y-axis, Figure 87) from the base plate (bottom/protruding portion of 7-112, Figure 78); the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]) is fixedly connected to the first supporting portion (7-1123, Figure 87; see also ¶[0484]); the movable part (7-MA, Figure 78) is movable relative to the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]).
With respect to Claim 6, Lin further discloses wherein the movable part (7-MA, Figure 78) further includes a rear side wall (7-108, Figure 78) which is connected between the first side wall (one side of 7-104, Figure 78) and the second side wall (one side of 7-104, Figure 78); when viewed along the first axis (y-axis, Figure 87, there is a gap (see annotated Figure 79) between the rear side wall (7-108, Figure 78) and the outer frame (7-104, Figure 78); when viewed along the first axis (y-axis, Figure 87, the movable part (7-MA, Figure 78) encloses the first optical element (7-108 used to hold the optical element, Figure 78; see also ¶[0196]); the movable part (7-MA, Figure 78) does not directly contact the base (7-112, Figure 78).
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Allowable Subject Matter
Claims 7-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With respect to Claim 7, the prior art fails to teach “wherein a first accommodation perforation and a second accommodation perforation are formed on the rear side wall; the driving assembly includes a first driving element and a second driving element, which are respectively arranged in the first accommodation perforation and the second accommodation perforation; when viewed along the first axis, the first driving element and the second driving element are not exposed from the rear side wall; when viewed along the optical axis, the first driving element and the second driving element are exposed from the rear side wall; the first driving element and the second driving element are configured to drive the movable part to rotate around a first rotation axis or a second rotation axis, so that a pushing portion of the second optical element pushes a main body of the second optical elements to change the optical properties of the second optical element; North-pole and South-pole of each of the first driving element and the second driving element are arranged along the first axis.”
With respect to claims 8-20, these claims depend on claim 09 and are allowable at least for the reasons stated supra.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/TYW/Patent Examiner, Art Unit 2872