Prosecution Insights
Last updated: April 19, 2026
Application No. 18/570,127

Optical System and Method for Image Stabilization of such an Optical System

Non-Final OA §103
Filed
Dec 14, 2023
Examiner
CHAPEL, DEREK S
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Acuvi AB
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
92%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
680 granted / 971 resolved
+2.0% vs TC avg
Strong +22% interview lift
Without
With
+21.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
25 currently pending
Career history
996
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
24.2%
-15.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 971 resolved cases

Office Action

§103
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 . Status Of Claims This Office Action is in response to an amendment received 12/14/2023 in which Applicant lists claims 1-17 as being cancelled, and claims 18-34 as being new. It is interpreted by the examiner that claims 18-34 are pending. If applicant is aware of any relevant prior art, or other co-pending application not already of record, they are reminded of their duty under 37 CFR 1.56 to disclose the same. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The Information Disclosure Statement(s) (IDS) filed on 12/14/2023 and 7/8/2025 were considered. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “15” has been used to designate both “a set of electrodes” (see at least page 14 of the specification) and “a second actuator” (see at least page 17 of the specification). 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. 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. Specification The disclosure is objected to because of the following informalities: the specification refers to element 15 as both “a set of electrodes” and “a second actuator” (see at least pages 14 and 17 of the specification). Appropriate correction is required. Claim Objections Claims 18-29 are objected to because of the following informalities: on line 5 of claim 18, the space should be removed after “signal” in “a control signal;”. Appropriate correction is required. Claims 19-29 are objected to for inheriting the same informalities through their dependency from claim 18. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 18-20, 22-25, 27, 29-34 are rejected under 35 U.S.C. 103 as being unpatentable over Nishitani, U.S. Patent Application Publication Number 2018/0288332 A1, of record (hereafter) in view of Sumioka, U.S. Patent Application Publication Number 2016/0329836 A1, of record (hereafter Sumioka). Regarding claim 18, Nishitani discloses an optical system (see at least figures 1-9C), comprising: an image sensor (see at least element 1, para. [0028]), having a sensor surface configured to be positioned perpendicular to an optical axis of a lens system (see at least figure 1); and a mechanical image-stabilization arrangement (see at least elements 100, 103, paras. [0019], [0025]), configured for changing a relative position between said lens system and said image sensor in reply to a control signal (see at least paras. [0019], [0025], [0036]-[0059]); said relative position being allowed to change in two transverse translation directions perpendicular to said optical axis as well as in one rotational direction, having an axis of rotation parallel to said optical axis (see at least elements ma, mb, mc, R, paras. [0054]-[0069]); said mechanical image-stabilization arrangement comprises: two actuator sets, each one having at least one actuator with at least one volume of electromechanically active material, and a single drive pad (see at least elements 500B, 502, 511, paras. [0035], [0068]); said volumes of electromechanically active material having a main extension direction parallel to said sensor surface for performing first vibration mode of bending vibrations (see at least elements 1, 511, A, para. [0032]); wherein said single drive pad is arranged for protruding from said volume of electromechanically active material in a direction perpendicular to said sensor surface (see at least figures 3B1, 3B2, 4A-4C, elements 502, 1); whereby each of said two actuator sets are capable of providing an actuating action in the direction of said main extension direction (see at least elements ma, mb, mc, R, paras. [0047]-[0059]); and drive members having drive surfaces, parallel to said sensor surface, against which said single drive pad is arranged to apply a moving force (see at least element 2, para. [0047]); wherein said drive members are mechanically secured to, or integrated in, said image sensor and wherein said two actuator sets are configured to be mechanically secured to said lens system (see at least elements 1, 2A, 2, 5a-5c, 100, 101, paras. [0019], [0040]-[0050]); or wherein said drive members are configured to be mechanically secured to, or integrated in, said lens system and wherein said two actuator sets are configured to be mechanically secured to said image sensor. Nishitani does not disclose that the at least one volume of electromechanically active material is excitable by a set of electrodes, and does not explicitly show that a first vibration mode of bending vibrations has strokes in a direction perpendicular to said sensor surface. However, Sumioka is related to Nishitani since both are related to vibrating-element driving structures which may be used in an image capturing apparatus (see at least the abstracts of both Nishitani and Sumioka, and figure 1 of Nishitani and figure 20 of Sumioka), and wherein Sumioka teaches that at least one volume of electromechanically active material is excitable by a set of electrodes (see at least figure 2, elements 203, paras. [0055]-[0066] of Sumioka), and that a first vibration mode of bending vibrations has strokes in a direction perpendicular to said sensor surface (see at least figure 2c, A-MODE vibration in the Z-axis direction, paras. [0055]-[0066] of Sumioka). Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the optical system of Nishitani to include the teachings of Sumioka so that the at least one volume of electromechanically active material is excitable by a set of electrodes, and that a first vibration mode of bending vibrations has strokes in a direction perpendicular to said sensor surface, for the purpose of using known materials with a known control and electrode structure to allows for controlled movement of an electromechanically active material for image stabilization. Regarding claim 19, Nishitani in view of Sumioka discloses the optical system of claim 18, and wherein said drive members being mechanically secured to, or integrated in, said image sensor and said two actuator sets being configured to be mechanically secured to said lens system (see at least elements 1, 2A, 2, 5a-5c, 100, 101, paras. [0019], [0040]-[0050] of Nishitani). Regarding claim 20, Nishitani in view of Sumioka discloses the optical system of claim 18, and wherein said two actuator sets are configured to be provided on opposite sides of said optical axis in a same plane, parallel to said main extensions direction (see at least elements 5a-5c and/or 15a-15c and/or 25a-25c and/or 35a-35c of Nishitani). Regarding claim 22, Nishitani in view of Sumioka discloses the optical system of claim 18, and Sumioka further teaches that said volumes of electromechanically active material being additionally excitable by said electrodes for performing second vibration mode of vibrations having strokes perpendicular to said main extension direction (see at least figure 2d, B-MODE vibration in the X-axis and Y-axis directions, paras. [0055]-[0066] of Sumioka). Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the optical system of Nishitani in view of Sumioka to include the further teachings of Sumioka so that said volumes of electromechanically active material may be additionally excitable by said electrodes for performing second vibration mode of vibrations having strokes perpendicular to said main extension direction, for the purpose of using known control and electrode structures to allows for controlled movement of an electromechanically active material for image stabilization. Regarding claim 23, Nishitani in view of Sumioka discloses the optical system of claim 22, and wherein said second vibration mode provides an actuating action in a direction perpendicular to said main extension direction but parallel to said sensor surface (see the combination set forth above drawn to at least figure 2d, B-MODE vibration in the X-axis and Y-axis directions, paras. [0055]-[0066] of Sumioka in combination with elements 1, 511, B, ma, mb, mc of Nishitani). Regarding claim 24, Nishitani in view of Sumioka discloses the optical system of claim 18, and further comprising a guiding arrangement configured to be arranged between said lens system and said image sensor configured to assist in maintaining said sensor surface perpendicular to said optical axis (see at least element 101 of Nishitani). Regarding claim 25, Nishitani in view of Sumioka discloses the optical system of claim 18, and wherein each of said two actuator sets comprises a single actuator and in that said mechanical image-stabilization arrangement further comprises a normal-force arrangement configured to apply a normal force between said single drive pad of said single actuators and said drive members (see at least elements 500B, 502, 2, 4, 6a-6c, paras. [0038]-[0048], [0068] of Nishitani). Regarding claim 27, Nishitani in view of Sumioka discloses the optical system of claim 18, and wherein said two actuator sets are arranged outside, as viewed along said optical axis, said sensor surface (see at least figures 7A, 8A-8C, 9A of Nishitani). Regarding claim 29, Nishitani in view of Sumioka discloses the optical system of claim 18, and further comprising: a sensor configured for detecting a motion of said optical system (see at least figure 2, element 117, paras. [0025]-[0027], [0062] of Nishitani); and a control unit, communicationally connected to said sensor and electrically connected to said set of electrodes (see at least figure 2, elements 121, 121a, paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani, as well as the combination with Sumioka set forth above); said control unit being configured for determining requested compensation movements in said two transverse translation directions perpendicular to said optical axis as well as in said rotational direction, having an axis of rotation parallel to said optical axis for mitigating image instability caused by said detected motion and for providing electrical signals to said set of electrodes for causing said mechanical image-stabilization arrangement to perform said compensation movements (see at least figure 2, elements 121, 121a, paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani, as well as the combination with Sumioka set forth above). Regarding claim 30, Nishitani discloses a method for image stabilization of an optical system, the method comprising: obtaining a detected motion of an image sensor with a sensor surface positioned perpendicular to an optical axis of a lens system (see at least elements 121, 121a, 117, 103, 200, paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani); determining a compensation movement of a relative position between said lens system and said image sensor for compensating for said detected motion (see at least paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani); said relative position being allowed to change in two transverse translation directions perpendicular to said optical axis as well as in one rotational direction, having an axis of rotation parallel to said optical axis (see at least elements ma, mb, mc, R, paras. [0054]-[0069]); and providing a control signal to a mechanical image-stabilization arrangement, configured for changing said relative position (see at least paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani); said mechanical image-stabilization arrangement comprises: two actuator sets, each one having at least one actuator with at least one volume of electromechanically active material, and a single drive pad (see at least elements 500B, 502, 511, paras. [0035], [0068]); said volumes of electromechanically active material having a main extension direction parallel to said sensor surface for performing first vibration mode of bending vibrations (see at least elements 1, 511, A, para. [0032]); wherein said single drive pad is arranged for protruding from said volume of electromechanically active material in a direction perpendicular to said sensor surface (see at least figures 3B1, 3B2, 4A-4C, elements 502, 1); whereby each of said two actuator sets are capable of providing an actuating action in the direction of said main extension direction (see at least elements ma, mb, mc, R, paras. [0047]-[0059]); and drive members having drive surfaces, parallel to said sensor surface, against which said single drive pad is arranged to apply a moving force (see at least element 2, para. [0047]). Nishitani does not disclose that the at least one volume of electromechanically active material is excitable by a set of electrodes, does not explicitly show that a first vibration mode of bending vibrations has strokes in a direction perpendicular to said sensor surface, and does not disclose said step of providing a control signal comprises providing of electrical signals to said set of electrodes. However, Sumioka is related to Nishitani since both are related to vibrating-element driving structures which may be used in an image capturing apparatus (see at least the abstracts of both Nishitani and Sumioka, and figure 1 of Nishitani and figure 20 of Sumioka), and wherein Sumioka teaches that at least one volume of electromechanically active material is excitable by a set of electrodes (see at least figure 2, elements 203, paras. [0055]-[0066] of Sumioka), and that a first vibration mode of bending vibrations has strokes in a direction perpendicular to said sensor surface (see at least figure 2c, A-MODE vibration in the Z-axis direction, paras. [0055]-[0066] of Sumioka), and providing of electrical signals to said set of electrodes (see at least figure 2, elements 203, paras. [0055]-[0066] of Sumioka). Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the optical system of Nishitani to include the teachings of Sumioka so that the at least one volume of electromechanically active material is excitable by a set of electrodes, that a first vibration mode of bending vibrations has strokes in a direction perpendicular to said sensor surface, and that said step of providing a control signal comprises providing of electrical signals to said set of electrodes, for the purpose of using known materials with a known control and electrode structure to allows for controlled movement of an electromechanically active material for image stabilization. Regarding claim 31, Nishitani in view of Sumioka discloses the optical system of claim 30, and wherein said two actuator sets are provided on opposite sides of said optical axis in a same plane, parallel to said main extensions direction (see at least elements 5a-5c and/or 15a-15c and/or 25a-25c and/or 35a-35c of Nishitani), wherein said step of providing a control signal comprises providing of electrical signals to said set of electrodes of said two actuators independently of each other, in dependence on said determined compensation movement (see at least paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani, as well as the combination set forth above with Sumioka). Regarding claim 32, Nishitani in view of Sumioka discloses the optical system of claim 31, and wherein said step of providing a control signal comprises providing, to said set of electrodes of said two actuators, of electrical signals causing said two actuators to provide driving actions in a same direction parallel to said main extension direction, as a response of a determined compensation movement comprising a translation component parallel to said main extension direction (see at least elements mb, mc, paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani, as well as the combination set forth above with Sumioka). Regarding claim 33, Nishitani in view of Sumioka discloses the optical system of claim 31, and wherein said step of providing a control signal comprises providing, to said set of electrodes of said two actuators, of electrical signals causing said two actuators to provide driving actions in opposite directions parallel to said main extension direction, as a response of a determined compensation movement comprising a rotation parallel to said optical axis (see at least elements ma and mc, and/or ma and mb, paras. [0023], [0025]-[0027], [0051], [0060]-[0062] of Nishitani, as well as the combination set forth above with Sumioka). Regarding claim 34, Nishitani in view of Sumioka discloses the optical system of claim 31, and Sumioka further teaches that said volumes of electromechanically active material being additionally excitable by said electrodes for performing second vibration mode of vibrations having strokes perpendicular to said main extension direction (see at least figure 2d, B-MODE vibration in the X-axis and Y-axis directions, paras. [0055]-[0066] of Sumioka). Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the optical system of Nishitani in view of Sumioka to include the further teachings of Sumioka so that said volumes of electromechanically active material being additionally excitable by said electrodes for performing second vibration mode of vibrations having strokes perpendicular to said main extension direction, whereby said second vibration mode provides an actuating action in a direction perpendicular to said main extension direction but parallel to said sensor surface, wherein said step of providing a control signal comprises providing, to said set of electrodes of said two actuators, of electrical signals causing said two actuators to provide driving actions in a same direction perpendicular to said main extension direction, as a response of a determined compensation movement comprising a translation component perpendicular to said main extension direction, for the purpose of using known control and electrode structures to allows for controlled movement of an electromechanically active material for image stabilization. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Nishitani, U.S. Patent Application Publication Number 2018/0288332 A1, of record (hereafter) in view of Sumioka, U.S. Patent Application Publication Number 2016/0329836 A1, of record (hereafter Sumioka) as applied to claim 18 above, and further in view of Wischnewskiy, U.S. Patent Application Publication Number 2003/0052573 A1 (hereafter Wischnewskiy). Regarding claim 21, Nishitani in view of Sumioka does not specifically disclose that each of said single drive pads has a contact tip presenting a curvature in two transverse directions parallel to said sensor surface. However, Wischnewskiy is related to Nishitani since both are related to vibrating-element driving structures (see at least the abstracts of both Nishitani and Wischnewskiy), and wherein Wischnewskiy teaches many different shapes which may be adopted for friction elements used with driving elements, including shapes having a contact tip presenting a curvature in two transverse directions (see at least figures 26, 28, and 30 of Wischnewskiy). Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the optical system of Nishitani in view of Sumioka to include the further teachings of Wischnewskiy so that each of said single drive pads has a contact tip presenting a curvature in two transverse directions parallel to said sensor surface, for the purpose of achieving a desired amount of frictional contact with the drive pads and/or controlling the modulus of elasticity and/or ensuring dynamic stability (paras. [0201], [0203], [0205]-[0207] of Wischnewskiy). Allowable Subject Matter Claims 26 and 28 are 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK S. CHAPEL whose telephone number is (571)272-8042. The examiner can normally be reached M-F 9:30am-6pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone B. Allen can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Derek S. Chapel/Primary Examiner, Art Unit 2872 11/19/2025 Derek S. CHAPEL Primary Examiner Art Unit 2872
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Nov 19, 2025
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596216
Optical Film
2y 5m to grant Granted Apr 07, 2026
Patent 12585092
PERISCOPIC CAMERA MODULE AND ELECTRONIC DEVICE
2y 5m to grant Granted Mar 24, 2026
Patent 12560795
Microscope System and Corresponding Control System, Method and Computer Program
2y 5m to grant Granted Feb 24, 2026
Patent 12560855
OPTICAL MEMBER DRIVING MECHANISM
2y 5m to grant Granted Feb 24, 2026
Patent 12554133
LIGHTWEIGHT PUPIL REPLICATOR
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
92%
With Interview (+21.6%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 971 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month