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 03/03/2026 has been entered. Claims 1-2 and 4-13 are now pending in the application. Claim 1 has been amended and claim 3 has been canceled by the Applicant. Previous objections to the drawings have been withdrawn in light of Applicants submission of replacement drawings, corresponding amended specification and further explanations.
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. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on continuation of application #17157986.
Drawings
The applicant’s original drawings or the replacement drawings of 03/03/2026 submitted are not acceptable for examination purposes.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed limitations for (1) “wherein a second limit component opening is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly, wherein the first limit component opening is located opposite the second limit component opening”, as recited in claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Currently, (1) no drawing depicts that a second limit component opening is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly, wherein the first limit component opening is located opposite the second limit component opening. Moreover, it is not show where the second limit component opening is located and in what element is the opening made, nor how is it configured to engage one of a plurality of front limit screws, which are also not depicted in the drawings nor found in the original disclosure, or how are they setting a frontal positional limit for the lens barrel assembly.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 1 recites the claim phrase where “the second pair of bearing ball slots of the module base arranged in a front portion are positioned diagonally opposite with respect to each other when viewed along the optical axis of the lens barrel assembly, and wherein the second pair of bearing ball slots of the module base arranged in a rear portion of the modular base are positioned diagonally opposite with respect to each other when viewed along the optical axis of the lens barrel assembly”, which are ambiguous because it is unclear how can the same second pair of bearing ball slots of the module base be arranged in a front portion and simultaneously a rear portion of the modular base? Or if this pair is actually two pairs of bearing ball slots? Further, in claim 2 the recitation that “first coil position is diagonally opposite to the second coil position” which are ambiguous because it is unclear as to what axis, plane or shape of some structure does the term “diagonally” correspond to? The phrase above will be treated broadly such that the second pair of bearing ball slots can be one pair or two pairs at either front or rear portion of the modular base, and that two coil positions are diagonally opposite to each other with respect to some plane or axis. Appropriate correction is suggested if more narrower reading is sought.
Claims 2-13 depend on claim 1 and therefore inherit the same issues.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2 and 4-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 now recites the limitation “wherein a second limit component opening is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly, wherein the first limit component opening is located opposite the second limit component opening” in last 3 line of the claim. However, this new limitation is not supported by the original disclosure or the drawings. Specifically, there is no descriptions that there is some second limit component opening that is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly, and that the first limit component opening is located opposite the second limit component opening. The disclosure does not support limitations that there is some second limit component opening, in some part or element at front end of the assembly and that engages with one of a plurality of front limit screws, which are also not disclosed, nor how this arrangement sets a frontal positional limit for the lens barrel assembly, or that the first limit component opening is now way opposite the second limit component opening. Applicant pointed out specification or Figures where the new claim limitation was supported, does there appear to support the above limitation nor is there other written description of the claim limitation noted above in the application as filed. Therefore the support for the limitation is not apparent, and applicant pointed out specification parts do not support the limitations above (see MPEP 2163.04, Sec. I).
Claims 2 and 4-14 depend on claim 1 and therefore inherit the same deficiencies.
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 1-2 and 4-13 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 1 now recites the limitation “wherein a second limit component opening is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly, wherein the first limit component opening is located opposite the second limit component opening” in last 3 line of the claim. However, this new limitation is confusing because it is not clear how it can be treated given that it is not supported by the original disclosure or the drawings. Specifically, it is unclear where/what is some second limit component opening, in what element is the opening made, and how is this opening configured to engage one of a plurality of front limit screws, that somehow set the frontal positional limit for the lens barrel assembly, and that the first limit component opening is located opposite the second limit component opening? It is unclear where and what are the front limit screws and how are they able to limit the front lens barrel positioning with the opening? The limitation above will be treated broadly, such that some opening with engaging elements as screws in some position read on the above limitation. It is suggested to amend the claims and provide detailed explanations for the clear support and to remove the indefiniteness issues.
Claims 2 and 4-14 depend on claim 1 and therefore inherit the same deficiencies.
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)(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 1-2, 4-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Son et al. (hereafter Son, of record) US 20210231904 A1.
In regard to independent claim 1, Son teaches (see Figs. 1-13) a variable focus lens assembly (i.e. lens driving device and camera module 100, see Abstract, paragraphs [01-03, 17-29, 62-70, 74-84, 91-103, 107-116, 124-138]) comprising:
a positioning coil board comprising at least a first positioning coil assembly and a second positioning coil assembly (i.e. as circuit board 22, 22a,b with coil part 24, 24a,b coil assemblies that produce electromagnetic flux when energized with current, paragraphs [80, 93-95, 114- 117, 124-127], Figs. 4-5, 9);
a lens barrel assembly (lens assembly 110,120 of moving lens group(s), paragraphs [17,62-70]);
a module base defining an inner module space designed to fit the lens barrel assembly (base assembly, base 20, 21,defining inner module space for 110,120, see paragraphs [17,23,62]); and
at least one pair of bearing balls engaged with the module base and the lens barrel assembly (i.e. as balls e.g. 119, 129 engaged with 110,120 and 20,21, paragraphs [18-25, 119-127], as depicted in e.g. Figs. 6-8),
wherein each of the at least one pair of the bearing balls is receivable by a corresponding full slot (each of pairs of 119 and 129 received in guide slots 118, 128 and 28, Figs. 4-10, paragraphs [97-103, 119-144]) defined by a first bearing ball slot of a first pair of bearing ball slots of the lens barrel assembly (i.e. a slot guide of pairs of 118, and 128, on 110,120, paragraphs [18-25, 119-127], as depicted in e.g. Figs. 6-8) and a second bearing ball slot of a second pair of bearing ball slots of the module base (i.e. as guide slot of guide rails pairs 28g1a,b, 28g2a,b, paragraphs [97-107, Figs. 4, 6-10]),
wherein each of the corresponding full slots (guide rail slots 118,128, 28) defines a gap in which each of the respective at least one pair of the bearing balls is movably positioned such that the lens barrel assembly is movable over the at least one pair of the bearing balls with respect to the module base (as 118,128,28 provide gap recess, groove, 21R, 118b, 128b for movable positioning 119, 129 as 110, 120 move over 119, 120 with respect to 20,21, e.g. in optical axis direction supported by rolling 119, 129 balls in 118,128,28 paragraphs [18-25, 119-127], as depicted in e.g. Figs. 6-8),
wherein the second pair of bearing ball slots of the module base arranged in a front portion are positioned diagonally opposite with respect to each other when viewed along the optical axis of the lens barrel assembly (i.e. as slot rail guides of 20,21 in front portion e.g. 28g1a,28g2b or 28g1b,28g2a that are diagonally opposite with respect to each other when viewed along the optical axis z-axis of lens assembly 100, as depicted in e.g. Figs. 2,4, paragraphs [97-103]), and wherein the second pair of bearing ball slots of the module base arranged in a rear portion of the modular base are positioned diagonally opposite with respect to each other when viewed along the optical axis of the lens barrel assembly (as best understood, slot rail guides of 20,21 in rear portion e.g. 28g1a,28g2b or 28g1b,28g2a are diagonally opposite with respect to each other when viewed along the optical axis z-axis of lens assembly 100, as depicted in e.g. Figs. 2,4, paragraphs [97-103]); and
wherein the first positioning coil assembly and the second positioning coil assembly of the positioning coil board, when in a powered state (i.e. as circuit board 22, 22a,b with coil part 24, 24a,b coil assemblies that produce electromagnetic flux when energized with current, paragraphs [80, 93-95, 114- 117, 124-127], Figs. 4-5, 9), are configured to create a magnetic force that interacts with a default magnetic force between magnets of the lens barrel assembly to reposition the lens barrel assembly forward or backwards from a default position of the lens barrel assembly (i.e. as energized coils 24, 24,a,b interact with magnets 116, 126 on 110, 120, creating electromagnetic force and moving 110, 120 in optical axis direction, with board 22 with corresponding coils 24a,b, paragraphs [13, 65, 93-97, 114- 117, 124-127]),
wherein a first limit component opening (e.g. opening 22, 22a or 22b, Figs. 4-5, paragraphs [82,94]) is configured to engage one of a plurality of back limit screws for setting a back positional limit for the lens barrel assembly (i.e. as opening in 22, 22a or 22b engages with 21 and inner guide elements 21RS,21RD on one side (e.g. lower) of 21 and limiting the back position of 119 and thus movement of e.g. 110, as 119 abut against the guide sidewall 21RS or 21RD on 21 in one of the openings 22a or 22b, see e.g. paragraphs [156-167], Figs. 9-12; and interpreted in light of the above 112 issues), and
wherein a second limit component opening (e.g. opening 22 other of 22a or 22b, Figs. 4-5, paragraphs [82,94]) is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly i.e. as opening in 22, 22a or 22b engages with 21 and inner guide elements 21RS,21RD on other (e.g. top) side of 21 and limiting the back position of 119 and thus movement of e.g. 110, as 119 abut against the guide sidewall 21RS or 21RD on 21 in one of the openings 22a or 22b, see e.g. paragraphs [156-167], Figs. 9-12), wherein the first limit component opening is located opposite the second limit component opening (e.g. openings 22 22a are opposite 22b, Figs. 4-5, 9-12, paragraphs [82,94, 156-167]; and treated in light of the above 112 issues).
Regarding claim 2, Son teaches (see Figs. 1-13) that the module base supports the first positioning coil assembly at a first coil position defined on a top surface of the module base and the second positioning coil assembly at a second coil position defined on a bottom surface of the module base, and wherein the first coil position is diagonally opposite to the second coil position (i.e. as circuit board 22, 22a,b with coil part 24, i.e. diagonally opposite 24a, 24b coil assemblies supported by 20,21, at top and bottom surfaces of 21,20, paragraphs [80, 93-95, 114- 117, 124-127], Figs. 4-5, 9).
Regarding claim 4, Son teaches (see Figs. 1-13) that the first positioning coil assembly comprises a first positioning coil (i.e. as one of the coils 24a,b, Figs. 2,4-5,9, paragraphs [80-82, 93-95]), wherein the first positioning coil is positioned around a first positioning pad (i.e. as one of 24a,b positioned in pad of 21 and 23, Figs. 2,4-5,9, paragraphs [80-82, 93-95]);
the second positioning coil assembly comprises a second positioning coil (other of 24a,b), wherein the second positioning coil is positioned around a second positioning pad (i.e. as other of 24a,b positioned in pad of 21 and 23, Figs. 2,4-5,9, paragraphs [80-82, 93-95]);
and the lens barrel (110,120) assembly comprises a first positioning magnet located adjacent to the first positioning pad (i.e. as e.g. magnet 116 next to pad with one of 24a,b, paragraphs [93-95, 107, 115-117,131, Figs. 2, 6-9), a second positioning magnet located adjacent to the second positioning pad, and an imaging optical lens (i.e. as e.g. magnet 126 next to pad with other of 24a,b, and imaging lens e.g. 122,122L and/or 112,112L, e.g. paragraphs [93-95, 107, 115-117,131, Figs. 2, 6-9).
Regarding claim 5, Son teaches (see Figs. 1-13) that each of the first positioning pad and the second positioning pad is configured to interact with one or more magnets of the variable focus lens assembly when assembled (i.e. as pads with 24a,b include yokes 23 that interact with magnets 116, 126, paragraphs [80, 93-95], Figs. 2-5, 9), such as where the first positioning magnet of the lens barrel assembly is aligned with the first positioning pad and the second positioning magnet of the lens barrel assembly is aligned with the second positioning pad (due to alignment and interaction of magnets with yokes 116,126 and 23 on pads of 24a,b, paragraphs [80, 93-95], Figs. 2-5, 9), when the variable focus lens assembly is assembled for operation and when the first positioning coil and the second positioning coil are in a non-powered state (due to alignment and interaction between magnets with yokes 116,126 and 23 on pads of 24a,b, as coils are not powered, see e.g. paragraphs [80, 93-95], Figs. 2-5, 9).
Regarding claim 6, Son teaches (see Figs. 1-13) that the first positioning pad is located opposite to the second positioning pad (i.e. as pads with yokes 23 of coils 24a,b as opposite to one another, Figs. 2,4-5,9, paragraphs [80-82, 93-95]), wherein the first positioning pad is configured to interact with the first positioning magnet of the lens barrel assembly, and the second positioning pad is configured to interact with the second positioning magnet of the lens barrel assembly (i.e. as pads with 24a,b include yokes 23 that interact with magnets 116, 126, respectively, paragraphs [80, 93-95], Figs. 2-5, 9), to maintain a position of the lens barrel assembly within the module base (i.e. as result of the interaction between yokes 23 and magnets 115, 126 on lens barrel assembly 110,120, e.g. aligning into initial position, see e.g. paragraphs [80, 93-95], Figs. 2-5, 9).
Regarding claim 7, Son teaches (see Figs. 1-13) that the first positioning pad, the first positioning magnet of a lens barrel assembly, the second positioning pad, and the second positioning magnet of the lens barrel assembly, are aligned in a default state based on the default magnetic force between the first positioning magnet and the first positioning pad and between the second positioning magnet and the second positioning pad (i.e. as pads with 24a,b include yokes 23 that by default magnetically interact with magnets 116, 126, respectively, paragraphs [80, 93-95], Figs. 2-5, 9), when each of the first positioning coil and the second positioning coil are in a non-powered state (i.e. as the result of the interaction between yokes 23 and magnets 115, 126 on lens barrel assembly 110,120, aligning with initial state, see e.g. paragraphs [80, 93-95], Figs. 2-5, 9).
Regarding claim 8, Son teaches (see Figs. 1-13) that the first positioning coil is configured to be powered to generate a first magnetic field, and the second positioning coil is configured to be powered to generate a second magnetic field symmetric to that of the first magnetic field (i.e. as currents applied to 24a,b generating electromagnetic field in symmetric fashion e.g. depending on applied current, see geometry in Figs. 2, 6-7, 9, paragraphs [114- 117, 120-127, 180]), wherein the interaction of the first magnetic field and the second magnetic field results in a resulting magnetic field, wherein the resulting magnetic field interacts with the default magnetic force between the first positioning magnet and the second positioning magnet of the lens barrel assembly and the first positioning pad and the second positioning pad to move the lens barrel assembly to a new focus position (i.e. as lens barrel 110,120 move due to electromagnetic force between current powered coils 24a,b interacting with magnets 116, 126, Figs. 2, 6-7, 9, paragraphs [114- 117, 120-127,180])
Regarding claim 9, Son teaches (see Figs. 1-13) that a focus position of the lens barrel assembly within the variable focus lens assembly alters the manipulation of light by the variable focus lens assembly (i.e. as focus of 100 is changes due to movement of 20 with 110,120, see paragraphs [13, 32-33, 62-70, 74-87, 91-103, 107-116, 122-138,180], Figs. 1-2, 9) such that incoming light at a particular point may interact with an image sensor associated with the variable focus lens assembly at different points based on the focus position of the lens barrel assembly (i.e. due to movement of lenses and focusing of 100 with 110,120,130, on image sensor 25, e.g. paragraphs [13, 32-33, 62-70, 74-87, 91-103, 180], Figs. 1-2, 9).
Regarding claim 10, Son teaches (see Figs. 1-13) that 0. The variable focus lens assembly of claim 1, wherein when the lens barrel assembly is positioned at a neutral focus position (i.e. as best understood lens barrel 110,120 is used for autofocusing and therefore has neutral focus position, e.g. Figs. 1-3,9, paragraphs [03, 180]), an inner wall of a front of the module base is spaced from a front of the variable focus lens assembly by a neutral focus frontal position offset, and an inner wall of a back of the module base is spaced from a back of the lens barrel assembly by a neutral focus back position offset (i.e. as best understood module base is fixed, while lens barrel assembly moves for focusing, so inner wall of front of 20,21 is offset from front wall of 100 and inner wall of back of 20, 21 is offset from a back wall of 100, as depicted in Figs. 1-2,5,9, paragraphs [03, 17-29, 62-70, 74-84, 91-103, 107-116, 124-138,180]; where it is noted that limitations following the conditional term “when” are treated to the extent of the structures, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)).
Regarding claim 11, Son teaches (see Figs. 1-13) that, wherein the neutral focus frontal position offset represents a maximum distance that the lens barrel assembly can be moved forward from the neutral focus position to focus the variable focus lens assembly for improved near field focusing, and wherein the neutral focus back position offset represents a maximum distance that the lens barrel assembly can be moved backwards from the neutral focus position, to focus the variable focus lens assembly for improved far field focusing (i.e. given that 110,120 move for focusing as they perform autofocusing, the offset positions represent maximum travel for focusing including near and far focus positions of the 110,120, see e.g. as depicted in Figs. 1-2,5,9, paragraphs [03, 17-29, 62-70, 74-84, 91-103, 107-116, 124-138,180]). .
Regarding claim 12, Son teaches (see Figs. 1-13) that wherein when the lens barrel assembly is positioned at a far focus position, an inner wall of a front of the module base is spaced from a front of the lens barrel assembly by a far focus frontal position offset, wherein the far focus frontal position offset represents the maximum distance the front of the lens barrel assembly can be located from the inner wall of the front of the module base (i.e. given that 110,120 move for focusing as they perform autofocusing, which includes maximum focusing range for near and far focus positions which are spaced from inner front/back walls of 110,120 and inner falls on the front and back of 20,21, see e.g. as depicted in Figs. 1-2,5,9, 10-12, paragraphs [03, 21, 159-167, 180]; where it is noted that limitations following the conditional term “when” are treated to the extent of the structures, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)).
Regarding claim 13, Son teaches (see Figs. 1-13) that, wherein when the lens barrel assembly is positioned at a near focus position, an inner wall of a back of the module base is spaced from a back of the lens barrel assembly by a near focus back position offset, and wherein the near focus back position offset represents the maximum distance the back of the lens barrel assembly can be located from the inner wall of the module base (i.e. given that 110,120 move for focusing as they perform autofocusing, which includes maximum focusing range for near and far focus positions which are spaced from inner front/back walls of 110,120 and inner falls on the front and back of 20,21, see e.g. as depicted in Figs. 1-2,5,9, 10-12, paragraphs [03, 21, 159-167, 180]; where it is noted that limitations following the conditional term “when” are treated to the extent of the structures, as it is held that "While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “[A]pparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114)).
Response to Arguments
Applicant's arguments filed in the Remarks date 03/03/2026 have been fully considered but they are not persuasive.
Specifically, Applicant argues on pages 13-14 of the Remarks, that the cited prior art of Sun does not disclose amended new limitations of claim 1, namely “wherein a first limit component opening is configured to engage one of a plurality of back limit screws for setting a back positional limit for the lens barrel assembly, and wherein a second limit component opening is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly”, because Sun relies on group of balls 119 disposed on the first guide rail 118 to stop the lens assembly 110. The Examiner respectfully disagrees. With regard to claim 1, as noted in the rejection above, the cited prior art of Sun teaches all limitations of claim 1, as Son teaches (see Figs. 1-13) a variable focus lens assembly (i.e. lens driving device and camera module 100, see Abstract, paragraphs [01-03, 17-29, 62-70, 74-84, 91-103, 107-116, 124-138]) comprising:
a positioning coil board comprising at least a first positioning coil assembly and a second positioning coil assembly (i.e. as circuit board 22, 22a,b with coil part 24, 24a,b coil assemblies that produce electromagnetic flux when energized with current, paragraphs [80, 93-95, 114- 117, 124-127], Figs. 4-5, 9);
a lens barrel assembly (lens assembly 110,120 of moving lens group(s), paragraphs [17,62-70]);
a module base defining an inner module space designed to fit the lens barrel assembly (base assembly, base 20, 21,defining inner module space for 110,120, see paragraphs [17,23,62]); and
at least one pair of bearing balls engaged with the module base and the lens barrel assembly (i.e. as balls e.g. 119, 129 engaged with 110,120 and 20,21, paragraphs [18-25, 119-127], as depicted in e.g. Figs. 6-8),
wherein each of the at least one pair of the bearing balls is receivable by a corresponding full slot (each of pairs of 119 and 129 received in guide slots 118, 128 and 28, Figs. 4-10, paragraphs [97-103, 119-144]) defined by a first bearing ball slot of a first pair of bearing ball slots of the lens barrel assembly (i.e. a slot guide of pairs of 118, and 128, on 110,120, paragraphs [18-25, 119-127], as depicted in e.g. Figs. 6-8) and a second bearing ball slot of a second pair of bearing ball slots of the module base (i.e. as guide slot of guide rails pairs 28g1a,b, 28g2a,b, paragraphs [97-107, Figs. 4, 6-10]),
wherein each of the corresponding full slots (guide rail slots 118,128, 28) defines a gap in which each of the respective at least one pair of the bearing balls is movably positioned such that the lens barrel assembly is movable over the at least one pair of the bearing balls with respect to the module base (as 118,128,28 provide gap recess, groove, 21R, 118b, 128b for movable positioning 119, 129 as 110, 120 move over 119, 120 with respect to 20,21, e.g. in optical axis direction supported by rolling 119, 129 balls in 118,128,28 paragraphs [18-25, 119-127], as depicted in e.g. Figs. 6-8),
wherein the second pair of bearing ball slots of the module base arranged in a front portion are positioned diagonally opposite with respect to each other when viewed along the optical axis of the lens barrel assembly (i.e. as slot rail guides of 20,21 in front portion e.g. 28g1a,28g2b or 28g1b,28g2a that are diagonally opposite with respect to each other when viewed along the optical axis z-axis of lens assembly 100, as depicted in e.g. Figs. 2,4, paragraphs [97-103]), and wherein the second pair of bearing ball slots of the module base arranged in a rear portion of the modular base are positioned diagonally opposite with respect to each other when viewed along the optical axis of the lens barrel assembly (as best understood, slot rail guides of 20,21 in rear portion e.g. 28g1a,28g2b or 28g1b,28g2a are diagonally opposite with respect to each other when viewed along the optical axis z-axis of lens assembly 100, as depicted in e.g. Figs. 2,4, paragraphs [97-103]); and
wherein the first positioning coil assembly and the second positioning coil assembly of the positioning coil board, when in a powered state (i.e. as circuit board 22, 22a,b with coil part 24, 24a,b coil assemblies that produce electromagnetic flux when energized with current, paragraphs [80, 93-95, 114- 117, 124-127], Figs. 4-5, 9), are configured to create a magnetic force that interacts with a default magnetic force between magnets of the lens barrel assembly to reposition the lens barrel assembly forward or backwards from a default position of the lens barrel assembly (i.e. as energized coils 24, 24,a,b interact with magnets 116, 126 on 110, 120, creating electromagnetic force and moving 110, 120 in optical axis direction, with board 22 with corresponding coils 24a,b, paragraphs [13, 65, 93-97, 114- 117, 124-127]),
wherein a first limit component opening (e.g. opening 22, 22a or 22b, Figs. 4-5, paragraphs [82,94]) is configured to engage one of a plurality of back limit screws for setting a back positional limit for the lens barrel assembly (i.e. as opening in 22, 22a or 22b engages with 21 and inner guide elements 21RS,21RD on one side (e.g. lower) of 21 and limiting the back position of 119 and thus movement of e.g. 110, e.g. paragraphs [156-167], Figs. 9-12; and interpreted in light of the above 112 issues), and
wherein a second limit component opening (e.g. opening 22 other of 22a or 22b, Figs. 4-5, paragraphs [82,94]) is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly i.e. as opening in 22, 22a or 22b engages with 21 and inner guide elements 21RS,21RD on other (e.g. top) side of 21 and limiting the back position of 119 and thus movement of e.g. 110, e.g. paragraphs [156-167], Figs. 9-12), wherein the first limit component opening is located opposite the second limit component opening (e.g. openings 22 22a are opposite 22b, Figs. 4-5, 9-12, paragraphs [82,94, 156-167]; and treated in light of the above 112 issues).
Specifically, Sun teaches the first limit component opening (e.g. opening 22, 22a or 22b, Figs. 4-5, paragraphs [82,94]) that is configured to engage one of a plurality of back limit screws for setting a back positional limit for the lens barrel assembly, i.e. as opening in 22, 22a or 22b engages with 21 and inner guide elements 21RS,21RD on one side (e.g. lower) of 21 and is limiting the back position of 119 and thus movement of e.g. 110, as 119 abut against the guide sidewall 21RS or 21RD on 21 in one of the openings 22a or 22b e.g. see paragraphs [156-167], Figs. 9-12; and interpreted in light of the above 112 issues), and
the second limit component opening (e.g. opening 22 other of 22a or 22b, Figs. 4-5, paragraphs [82,94]) is configured to engage one of a plurality of front limit screws for setting a frontal positional limit for the lens barrel assembly i.e. as opening in 22, 22a or 22b engages with 21 and inner guide elements 21RS,21RD on other (e.g. top) side of 21 and limiting the back position of 119 and thus movement of e.g. 110, as 119 abut against the guide sidewall 21RS or 21RD on 21 in one of the openings 22a or 22b, e.g. see paragraphs [156-167], Figs. 9-12), wherein the first limit component opening is located opposite the second limit component opening (e.g. openings 22 22a are opposite 22b, Figs. 4-5, 9-12, paragraphs [82,94, 156-167]. Note also that the above limitations are treated in light of the above 112 issues).
Therefore the cited prior art of Sun teaches all limitations of claim 1 including the limitations noted under issue (1) above.
No additional substantial arguments were presented after page 14 of the Remarks dated 03/03/2026.
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