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 .
Response to Amendment
The amendment to Claim(s) 1, 2, and 7, filed 12/30/2025, are acknowledged and accepted.
Response to Arguments
Applicant’s arguments, see Page 14 of 18, filed 12/30/2025, with respect to Claim(s) 2-20 have been fully considered and are persuasive. The 35 USC § 112 rejection of Claim(s) 2-20 and the Double Patenting rejection of Claim(s) 1 have been withdrawn.
Applicant's arguments filed 12/30/2025, have been fully considered but they are not persuasive.
On Pages 16 of 18 through 17 of 18 of Remarks, Applicant argues “On page 12 of the Office Action, the Examiner alleged that the "accommodating trench 1-1083" of Lin teaches the "second accommodation space" of the present application. However, the "accommodating trench 1-1083" of Lin is apparently an elongated groove configured to receive first leading wire 1-WR1, different from the "second accommodation space" of the present application that is located in the first accommodation space and configured to accommodate the first optical element (see the amended claim 1). Since the first leading wire 1-WR1 is not an "optical element", the Applicant submits that Lin failed to teach or suggest "the movable assembly includes a second accommodation space configured to accommodate the first optical element", as recited in the amended claim 1 of the present application.” Examiner respectfully disagrees.
Examiner takes a trench to be a space, as a trench is a form of an opening. The "accommodating trench 1-1083" of Lin is an elongated groove configured to receive first leading wire 1-WR1, which the 1-108 lens holder comprises the accommodating trench 1-1083 and the first leading wire 1-WR1, (¶[0217]). Therefore, the accommodating trench 1-1083 (the elongated groove) and the first leading wire 1-WR1 are part of 1-108 (optical element) and therefore accommodate the optical element.
Specification
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
Suggested correction: Examiner requests Applicant change Specification limitations to "first accommodation space" since the successional limitations use “accommodation " vs “accommodating ". Specifically, ¶[0006], ¶[0008], ¶[0010], ¶[0052], and ¶[0054] should also be corrected without adding new matter.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
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) 1-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin et al., (hereafter Lin) (US 2021/0302690 A1).
With respect to Claim 1, Lin discloses an optical element driving mechanism for accommodating a first optical element (1-108 used to hold the optical element, Figure 2; see also ¶[0196]) and comprising: a fixed assembly (1-FM, Figure 2); a movable assembly (1-MD, Figure 2), configured to be connected to a second optical element (optical element (not shown in the figures), ¶[0195]) (1-MD 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 (1-108, Figure 2), and the movable assembly (1-MD, Figure 2) is movable relative to the fixed assembly (1-FM, Figure 2); and a driving assembly (30, Figure 14), configured to drive the movable assembly (1-MD, Figure 2) to move relative to the fixed assembly (1-FM, Figure 2); wherein the fixed assembly (1-FM, Figure 2) includes a first accommodation space (1-1023, Figure 2) configured to accommodate the first optical element (1-108, Figure 2), wherein the movable assembly (1-MD, Figure 2) includes a second accommodation space (1-1083, Figure 8) configured to accommodate the first optical element (1-108, Figure 2), and wherein the second accommodation space (1-1083, Figure 8) is located in the first accommodation space (1-1023, Figure 2).
With respect to Claim 2, Lin further discloses the second optical element (optical element, ¶[0195]) defines an optical axis (1-O, Figure 2); the optical axis (1-O, Figure 2) passes through the second optical element (optical element, ¶[0195]) and the first optical element (1-108, Figure 2); the movable assembly (1-MD, Figure 2) includes a first movable part (1-112, Figure 3) (1-108, Figure 2) and a second movable part (1-112, Figure 3); a portion of the first movable part (1-112, Figure 3) is accommodated in the second movable part (1-112, Figure 3); when viewed along the optical axis (1-O, Figure 2), the first movable part (1-112, Figure 3) overlaps a portion of the second movable part (1-112, Figure 3); when viewed along a first axis (x-axis, Figure 3), the first movable part (1-112, Figure 3) overlaps a portion of the second movable part (1-112, Figure 3); the first axis (x-axis, Figure 3) is not parallel to the optical axis (1-O, Figure 2); the first movable part (1-112, Figure 3) includes a first side portion (left side of 1-112, Figure 3) and a second side portion (right side of 1-112, Figure 3); when viewed along the optical axis (1-O, Figure 2), the first side portion (left side of 1-112, Figure 3) and the second side portion (right side of 1-112, Figure 3) are separated from each other (see 1-112, Figure 3) and located on opposite sides of the first optical element (1-108, Figure 2); and when viewed along the optical axis (1-O, Figure 2), the second movable part (1-112, Figure 3) has a long strip- shaped structure (see 1-112, Figure 3).
With respect to Claim 3, Lin further discloses wherein the movable assembly (1-MD, Figure 2) further includes a first opening (1-1021, Figure 2); the first opening (1-1021, Figure 2) corresponds to the first optical element (1-108, Figure 2); when viewed along the first axis (x-axis, Figure 2), at least a portion of the first optical element (1-108, Figure 2) is exposed from the first opening (1-1021, Figure 2); the first side portion (left side of 1-112, Figure 3) and the second side portion (right side of 1-112, Figure 3) respectively have a first right top wall (right top side of 1-112, Figure 3) and a first left top wall (left top side of 1-112, Figure 3), corresponding to the second optical element (optical element, ¶[0195]); the second movable part (1-112, Figure 3) has a second top wall (left higher top side of 1-112, Figure 3) corresponding to the second optical element (optical element, ¶[0195]); when viewed along the optical axis (1-O, Figure 2), the first left top wall (left top side of 1-112, Figure 3), the first right top wall (right top side of 1-112, Figure 3) and the second top wall (left higher top side of 1-112, Figure 3) form a second opening (1-1086, Figure 7); the optical axis (1-O, Figure 2) passes through the second opening (1-1086, Figure 7); when viewed along the optical axis (1-O, Figure 2), a portion of the first optical element (1-108, Figure 2) is exposed from the second opening (1-1086, Figure 7).
With respect to Claim 4, Lin further discloses wherein the first side portion (left side of 1-112, Figure 3) and the second side portion (right side of 1-112, Figure 3) further have a first right side wall (far right side of 1-112, Figure 3) and a first left side wall (far left side of 1-112, Figure 3) respectively; when viewed along the optical axis (1-O, Figure 2), the first left side wall (far left side of 1-112, Figure 3) and the first right side wall (far right side of 1-112, Figure 3) are located on opposite sides of the first optical element (1-108, Figure 2); the second movable part (1-112, Figure 3) further includes a first side wall (left side of 1-112, Figure 3), a second side wall (right side of 1-112, Figure 3) and a rear side wall (rear side of 1-112, Figure 3); the rear side wall (rear side of 1-112, Figure 3) is connected between the first side wall (left side of 1-112, Figure 3) and the second side wall (right side of 1-112, Figure 3); the second top wall (left higher top side of 1-112, Figure 3) is connected between the first side wall (left side of 1-112, Figure 3) and the second side wall (right side of 1-112, Figure 3).
With respect to Claim 5, Lin further discloses wherein when viewed along the optical axis (1-O, Figure 2), the first side wall (left side of 1-112, Figure 3) and the second side wall (right side of 1-112, Figure 3) are located on opposite sides of the first optical element (1-108, Figure 2); when viewed along the optical axis (1-O, Figure 2), the first optical element (1-108, Figure 2) is located between the first side wall (left side of 1-112, Figure 3) and the second side wall (right side of 1-112, Figure 3); the second top wall (left higher top side of 1-112, Figure 3), the first side wall (left side of 1-112, Figure 3) (left side of 1-112, Figure 3), the second side wall (right side of 1-112, Figure 3) and the rear side wall (rear side of 1-112, Figure 3) form the aforementioned first opening (1-1021, Figure 2); when viewed along the first axis (x-axis, Figure 3), the second movable part (1-112, Figure 3) surrounds the first optical element (1-108, Figure 2) (1-108, Figure 2).
With respect to Claim 6, Lin further discloses wherein the second movable part (1-112, Figure 3) has a front penetrating hole (1-1121, Figure 2) which is formed on the second top wall (left higher top side of 1-112, Figure 3); the first left top wall (left top side of 1-112, Figure 3) and the first right top wall (right top side of 1-112, Figure 3) are located within the front penetrating hole (1-1121, Figure 2); when viewed along the optical axis (1-O, Figure 2), the first left top wall (left top side of 1-112, Figure 3) and the first right top wall (right top side of 1-112, Figure 3) do not overlap the second top wall (left higher top side of 1-112, Figure 3); when viewed along the first axis (x-axis, Figure 3), the first left top wall (left top side of 1-112, Figure 3) and the first right top wall (right top side of 1-112, Figure 3) overlap the second top wall (left higher top side of 1-112, Figure 3); the first side wall (left side of 1-112, Figure 3) (left side of 1-112, Figure 3) and the second side wall (right side of 1-112, Figure 3) respectively form a first penetrating hole (1-1121, Figure 2) and a second penetrating hole (1-1021, Figure 2); a portion of the first right side wall (far right side of 1-112, Figure 3) is located within the first penetrating hole (1-1121, Figure 2), and a portion of the first left side wall (far left side of 1-112, Figure 3) is located within the second penetrating hole (1-1021, Figure 2); when viewed along the first axis (x-axis, Figure 3), a portion of the first right top wall (right top side of 1-112, Figure 3) does not overlap (see Figure 3) the first side wall (left side of 1-112, Figure 3) (left side of 1-112, Figure 3); when viewed along the first axis (x-axis, Figure 3), a portion of the first left top wall (left top side of 1-112, Figure 3) does not overlap the second side wall (right side of 1-112, Figure 3).
With respect to Claim 7, Lin further discloses wherein the fixed assembly (1-FM, Figure 2) further includes a base (1-111, Figure 3) and an outer frame (1-104, Figure 3); the base (1-111, Figure 3) includes a base plate (photosensitive element under 1-111, not shown, Figure 3; see ¶[0197]) having a plate-shaped structure (see ¶[0197]); the outer frame (1-104, Figure 3) is fixedly connected to the base (1-111, Figure 3) and forms the first accommodation space (1-1023, Figure 2); the fixed assembly (1-FM, Figure 2) further includes a first supporting portion (1-CL11, Figure 7) which is disposed on the base plate (photosensitive element under 1-111, not shown, Figure 3; see ¶[0197]) to accommodate the first optical element (1-108, Figure 2); the first optical element (1-108, Figure 2) is fixedly connected to the first supporting portion (1-CL11, Figure 7) of the fixed assembly (1-FM, Figure 2); the movable assembly (1-MD, Figure 2) is movable relative to the first optical element (1-108, Figure 2); a first surface (the left side of 1-112 that faces 1-108, Figure 3) of the first side wall (left side of 1-112, Figure 3) faces the first optical element (1-108, Figure 2); a second surface (the side of left side of 1-112 facing away from 1-108, Figure 3) of the first side wall (left side of 1-112, Figure 3) and the first surface (the left side of 1-112 that faces 1-108, Figure 3) face in opposite directions; there is a first space (see 1-112 and 1-108, Figure 3) between the first surface (the left side of 1-112 that faces 1-108, Figure 3) and the fixed assembly (1-FM, Figure 2); there is second space (see area between 1-112 and 1-108, Figure 3) between the second surface (the side of left side of 1-112 facing away from 1-108, Figure 3) and the fixed assembly (1-FM, Figure 2); a third surface (the right side of 1-112 that faces 1-108, Figure 3) of the second side wall (right side of 1-112, Figure 3) faces the first optical element (1-108, Figure 2); a fourth surface (the right side of 1-112 that faces away from 1-108, Figure 3) of the second side wall (right side of 1-112, Figure 3) and the third surface (the right side of 1-112 that faces 1-108, Figure 3) face in opposite directions; there is a third space (see area between 1-FM and 1-108, Figure 3) between the third surface (the right side of 1-112 that faces 1-108, Figure 3) and the fixed assembly (1-FM, Figure 2); there is fourth space between (see area between 1-112 and 1-FM, Figure 3) the fourth surface (the right side of 1-112 that faces away from 1-108, Figure 3) and the fixed assembly (1-FM, Figure 2); the third surface faces the first surface (the left side of 1-112 that faces 1-108, Figure 3).
With respect to Claim 8, Lin further discloses wherein the fixed assembly (1-FM, Figure 2) further includes a third opening (opening between 1-108 optical element, Figure 3); the third opening (opening between 1-108 optical element, Figure 3) corresponds to the second optical element (optical element, ¶[0195]); the third opening corresponds to the first optical element (1-108, Figure 2); when viewed along the optical axis (1-O, Figure 2), the third opening (opening between 1-108 optical element, Figure 3) is larger than the second opening (1-1086, Figure 7); the outer frame (1-104, Figure 3) has a first outer wall (left side of 1-104, Figure 3) and a second outer wall (right side of 1-104, Figure 3); the first outer wall (left side of 1-104, Figure 3) and the second outer wall (right side of 1-104, Figure 3) each have a plate-shaped structure (see 1-104, Figure 3); the third opening (opening between 1-108 optical element, Figure 3) is formed by the first outer wall (left side of 1-104, Figure 3) and the second outer wall (right side of 1-104, Figure 3); the first outer wall (left side of 1-104, Figure 3) and the second outer wall (right side of 1-104, Figure 3) are perpendicular to each other; an external light (¶[0197]) is incident on the third opening (opening between 1-108 optical element, Figure 3) in a first direction (parallel with the z-axis, Figure 3) and is emitted in a second direction (y-axis, Figure 3) from the third opening (opening between 1-108 optical element, Figure 3); the first direction (z-axis, Figure 3) is not parallel to the second direction (y-axis, Figure 3); the first direction is parallel to the first axis (x-axis, Figure 3); the fixed assembly (1-FM, Figure 2) further includes a fourth opening (1-1111, Figure 2) corresponding to the second optical element (optical element, ¶[0195]); when viewed along the first axis (x-axis, Figure 3), the third opening (opening between 1-108 optical element, Figure 3) overlaps at least a portion of the fourth opening (1-1111, Figure 2); the fourth opening (1-1111, Figure 2) is located at the base (1-111, Figure 3).
With respect to Claim 9, Lin further discloses wherein the optical element driving mechanism further includes a connecting assembly (1-106 and 1-110, Figure 2), so that the movable assembly (1-MD, Figure 2) is movably connected to the fixed assembly (1-FM, Figure 2) through the connecting assembly (1-106 and 1-110, Figure 2); the connecting assembly (1-106 and 1-110, Figure 2) includes a first elastic member (1-106, Figure 2) and a second elastic member (1-110, Figure 2); the first elastic member (1-106, Figure 2) and the second elastic member (1-110, Figure 2) respectively have a first flexible portion (inherent being an elastic member 1-106, Figure 2) and a second flexible portion (inherent being an elastic member 1-110, Figure 2); the first flexible portion has flexibility (inherent being an elastic member 1-106, Figure 2); the second flexible portion (inherent being an elastic member 1-110, Figure 2) has flexibility; when viewed along the optical axis (1-O, Figure 2), the first flexible portion (inherent being an elastic member 1-106, Figure 2) and the first optical element (1-108, Figure 2) are arranged along a second axis (y-axis, Figure 2); the second axis (y-axis, Figure 2) is not parallel to the first axis (x-axis, Figure 3); when viewed along the optical axis (1-O, Figure 2), the first flexible portion (inherent being an elastic member 1-106, Figure 2) and the second flexible portion (inherent being an elastic member 1-110, Figure 2) are arranged along the second axis (y-axis, Figure 2); when viewed along the optical axis (1-O, Figure 2), a center (center of optical element, ¶[0195]) of the second optical element (optical element, ¶[0195]) is located between the first flexible portion (inherent being an elastic member 1-106, Figure 2) and the second flexible portion (inherent being an elastic member 1-110, Figure 2).
Allowable Subject Matter
Claims 10-20 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 10, the prior art fails to teach “wherein the first elastic member has a first connecting end which is fixedly connected to the fixed assembly; the first connecting end is affixed to a first setting portion of the fixed assembly; the first elastic member further has a second connecting end which is fixedly connected to the first movable part; the first flexible portion is connected between the first connecting end and the second connecting end; the second elastic member has a third connecting end which is fixedly connected to the fixed assembly; the third connecting end is affixed to a second setting portion of the fixed assembly; the second elastic member further has a fourth connecting end which is fixedly connected to the first movable part; the second flexible portion is connected between the third connecting end and the fourth connecting end.”
With respect to claims 11-20, these claims depend on claim 10 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
THIS ACTION IS MADE FINAL. 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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/TYW/Patent Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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