Prosecution Insights
Last updated: April 19, 2026
Application No. 18/581,487

IMAGE PICKUP LENS, CAMERA MODULE, AND METHOD FOR PRODUCING IMAGE PICKUP LENS

Non-Final OA §102§103
Filed
Feb 20, 2024
Examiner
RAKOWSKI, CARA E
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kantatsu Co. Ltd.
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
To Grant
69%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
348 granted / 536 resolved
-3.1% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
42 currently pending
Career history
578
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
40.8%
+0.8% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
28.1%
-11.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 536 resolved cases

Office Action

§102 §103
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 The instant application having Application No. 18/581,487 filed on February 20, 2024 is presented for examination by the examiner. 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 the M.P.E.P. 214.03, acknowledgement is made of applicant’s claim for priority based on applications filed on March 27, 2023 (Japan 2023-050524). Receipt is acknowledged of papers submitted under 37 CFR 1.55, which papers have been placed of record in the file. Information Disclosure Statement As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated February 20, 2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. Drawings The applicant’s drawings submitted on February 20, 2024 are acceptable for examination purposes. Specification The disclosure is objected to because of the following informalities: In paragraphs [0011] and [0053] “an electrically conducive paste” appears to be a typographical error for “an electrically conductive Appropriate correction is required. Claim Objections Claim 11 is objected to because of the following informalities: ““an electrically conducive paste” appears to be a typographical error for “an electrically conductive Appropriate correction is required. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (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, 6, 8-9 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. US 2022/0075139 A1 (hereafter Kim). Regarding claim 1, Kim teaches “An image pickup lens (camera module 1000A see e.g. Fig. 13) comprising: a flexible substrate (connection substrate 132 which is flexible in that it is bent as shown in Fig. 14) having a first surface (the bottom surface of 132 that sits on 136 and 110A); a polymer lens (110, see paragraphs [0044]-[0045]: “A variable lens may be a variable focus lens. Further, a variable lens may be a lens that is adjustable in focus. A variable lens may be at least one of a liquid lens, a polymer lens, a liquid crystal lens, a VCM type, or an SMA type…. A polymer lens may change the focus by controlling a polymer material using a driver… Hereinafter, camera modules 1000 and 1000A according to embodiments will be described as including a liquid lens as a variable lens, but the embodiments are not limited thereto.) provided with respect to the first surface (see e.g. Fig. 7 110A is provided under the bottom surface of 132); a connection part (protruding portion of 132 including PT11-PT14 and PT21-PT24 etc.) electrically connecting the flexible substrate and the polymer lens (e.g. paragraphs [0118]: “Referring again to FIG. 7, the first connection substrate 132 may include first protruding portions P11 to P14, which protrude from the respective four inner corners thereof toward the liquid lens 110A and are respectively electrically or physically connected to the four first electrodes E11, E12, E13 and E14, which are respectively exposed through the first to fourth recesses H1 to H4…. ); and a substrate holding member (spacer 136) holding the flexible substrate (see Fig. 14), the substrate holding member being fixed with respect to the first surface (paragraph [0127]: “the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” Given that the protruding portions PT of 132 are electrically or physically connected to the electrodes of the lens 110, elements 132 and 110 must be fixed with respect to one another at least to the extent that the connections do not break. Therefor, 136 to which 110 is fixed, must also be fixed with respect to 132 to at least the same extent.), the substrate holding member having an opening which is formed therein and in which the polymer lens and the connection part are located in a plan view (paragraph [0127]: “The spacer 136 may have a ring shape, and may be disposed between the first connection substrate 132 and the second connection substrate 134 so as to surround the side surface of the liquid lens 110A… the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” Given that the holes H and electrodes E of 110 are on the top surface thereof, then both the lens 110 and the connection parts PT are located within the rectangular ring shape of 136).” Regarding claim 6, Kim teaches “The image pickup lens according to claim 1, comprising: a first lens (second lens unit 440) located at a position closer to an image-forming plane (the image plane of image sensor 300) than the polymer lens (see Figs. 13 and 14 and paragraph [0226]: “The second lens unit 440 may be disposed below the liquid lens module 130 within the holder 430.”); and a lens barrel (holder 430 and/or middle base 450) accommodating the first lens (paragraph [0222]: “the second lens unit 440 may be accommodated in, mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the second hole H02, which is formed in the holder 430.”), wherein the flexible substrate and an outer wall of the lens barrel (first to fourth sidewalls of 430 see paragraph [0223]) are engaged with each other (paragraphs [0223]-[0224]: “the first sidewall of the holder 430 may include a third opening OP3, and the second sidewall thereof may include a fourth opening OP4… the liquid lens module 130 may be inserted through the third or fourth opening OP3 or OP4 so as to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the inner space in the holder 430. For example, the liquid lens module 130 may be inserted into the inner space in the holder 430 through the third opening OP3.” Thus 132 which is part of 130 is “engaged with” at least the first sidewall in that it is inserted into the opening OP3 therein.).” Regarding claim 8, Kim teaches “The image pickup lens according to claim 1, comprising: a second lens (first lens unit 420) located at a position closer to an object than the polymer lens (e.g. paragraph [0220]: “The first lens unit 420 may be disposed at the upper side of the lens assembly, and may be a region on which light is incident from outside the lens assembly.”) and having a lens surface on a side thereof on which the object is present (e.g. paragraph [0220]: “The first lens unit 420… may be a region on which light is incident from outside the lens assembly.”); and a lens cover (holder 430) covering an outer region of the lens surface (see Figs. 13 and 14, the uppermost portion of 430 covers an outer region of 420), wherein the flexible substrate is drawn from an inside of the lens cover (paragraph [0224]: “the liquid lens module 130 may be inserted into the inner space in the holder 430” emphasis added) to an outside of the lens cover in the plan view (the CP region of 132 will remain outside of 430 in plan view when 130 is inserted into 430) at a second missing part (third opening OP3) that is formed in the lens cover (paragraph [0224]: “the liquid lens module 130 may be inserted into the inner space in the holder 430 through the third opening OP3.”).” Regarding claim 9, Kim teaches “The image pickup lens according to claim 8, wherein the lens cover has a covering part (the portion of 430 surrounding and defining first hole HO1, including the flat upper surface from which the sidewalls extend) covering the outer region of the lens surface (see Fig. 14 and paragraph [0222]: “The first lens unit 420 may be accommodated in, mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the first hole HO1”) and a wall part (first to fourth sidewalls of holder 430, see Fig. 14 and paragraph [0223]) extending from the covering part toward an image-forming plane (see Fig. 14, the side walls extend toward the image sensor from the covering part), and the second missing part (third opening OP3) is formed in the wall part (paragraph [0223]: “the third opening OP3 formed in the first sidewall”) and has an object-side end portion that is defined by the covering part (see Fig. 14 the object-side end portion of the opening OP3 is defined by the flat upper surface of 430.).” Regarding claim 12, Kim teaches “A camera module (camera module 1000A see e.g. Fig. 13) comprising: the image pickup lens according to claim 1 (see claim 1 above); and an image pickup element (image sensor 300) that receives light having passed through the image pickup lens (paragraph [0100]: “The image sensor 300 may perform a function of converting the light that has passed through the liquid lens 110 of the lens assembly 100 into image data.”).” Regarding claim 13, Kim teaches “A method for producing (see steps below) an image pickup lens (camera module 1000A see e.g. Fig. 13), comprising: fixing (paragraph [0127]: “the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” emphasis added. Given that the protruding portions PT of 132 are electrically or physically connected to the electrodes of the lens 110, elements 132 and 110 must be fixed with respect to one another at least to the extent that the connections do not break. Therefor, 136 to which 110 is fixed, must also be fixed with respect to 132 to at least the same extent.), with respect to a first surface (the bottom surface of 132 that sits on 136 and 110A) of a flexible substrate (connection substrate 132 which is flexible in that it is bent as shown in Fig. 14), a substrate holding member (spacer 136) having an opening formed therein and providing a polymer lens (110, see paragraphs [0044]-[0045]: “A variable lens may be a variable focus lens. Further, a variable lens may be a lens that is adjustable in focus. A variable lens may be at least one of a liquid lens, a polymer lens, a liquid crystal lens, a VCM type, or an SMA type…. A polymer lens may change the focus by controlling a polymer material using a driver… Hereinafter, camera modules 1000 and 1000A according to embodiments will be described as including a liquid lens as a variable lens, but the embodiments are not limited thereto.) with respect to the first substrate (see e.g. Fig. 7 110A is provided under the bottom surface of 132) so that the polymer lens is located in the opening in a plan view (paragraph [0127]: “The spacer 136 may have a ring shape… so as to surround the side surface of the liquid lens 110A…”); and electrically connecting the flexible substrate and the polymer lens (e.g. paragraphs [0118]: “Referring again to FIG. 7, the first connection substrate 132 may include first protruding portions P11 to P14, which protrude from the respective four inner corners thereof toward the liquid lens 110A and are respectively electrically or physically connected to the four first electrodes E11, E12, E13 and E14, which are respectively exposed through the first to fourth recesses H1 to H4…. ) in the opening in the plan view (paragraph [0127]: “The spacer 136 may have a ring shape, and may be disposed between the first connection substrate 132 and the second connection substrate 134 so as to surround the side surface of the liquid lens 110A… the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” Given that the holes H and electrodes E of 110 are on the top surface thereof, then both the lens 110 and the connection parts PT are located within the rectangular ring shape of 136).” Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 2-3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2022/0075139 A1 (hereafter Kim) as applied to claims 1 and 13 above, and further in view of Fujii et al. US 2013/0313730 A1 (hereafter Fujii). Regarding claims 2 and 3, Kim teaches “The image pickup lens according to claim 1,” however, Kim is silent regarding (claim 2) “wherein the substrate holding member contains a resin” and (claim 3) “wherein the resin is a liquid crystal polymer”. Fujii teaches (claim 1) “An image pickup lens (image pickup lens unit 100) comprising: … a polymer lens (lens 10 which is a polymer lens in that lens elements 11 and 12 are formed of a curable resin, see paragraphs [0051]-[0052]) … and a substrate holding member (first holder member 20)… the substrate holding member having an opening (depression RE) which is formed therein (see paragraph [0054] and Figs. 2A-2B) and in which the polymer lens… [is] located in a plan view (see Fig. 2B and paragraph [0054]: “The first holder member… includes a side wall part 21 having a rectangular pipe contour, and a bottom part 22 having a rectangular plate-shaped contour, and forms an overall depression RE to enable inserting and holding the lens 10.”).’ (claim 2) “wherein the substrate holding member contains a resin (paragraph [0054]: “The first holder member 20 is formed from a thermoplastic resin”).” (claim 3) “wherein the resin is a liquid crystal polymer (paragraph [0054]: “The first holder member 20 is formed from a thermoplastic resin having reflow heat resistance (for example, Liquid Crystal Polymer (LCP),”).” Fujii further teaches [0009]: “An object of the present invention is to provide a method for manufacturing an image-pickup lens unit in which a holder body and a cover can be easily connected together without the need for additional components, the image-pickup lens unit can be made small in size, and it is possible to avoid the occurrence of ghosts and flares, visual defects, and deterioration of dimensional accuracy caused by the presence of a positioning shape.” It is a well-established proposition that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose liquid crystal polymer as the material for the substrate holding member in which a rectangular lens element is held as taught by Fujii in the device of Kim since it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. Furthermore, one of ordinary skill in the art would have been motivated to choose a liquid crystal polymer thermoplastic resin for its reflow heat resistance that aids in the manufacturing of such a lens such that it is possible to avoid the occurrence of ghosts and flares, visual defects, and deterioration of dimensional accuracy caused by the presence of a positioning shape. (see Fujii paragraphs [0009] and [0054]). Regarding claim 14, Kim teaches “The method according to claim 13, wherein… after the substrate holding member has been fixed with respect to the first surface of the flexible substrate, the flexible substrate and the polymer lens are electrically connected to each other (e.g. paragraphs [0118]: “Referring again to FIG. 7, the first connection substrate 132 may include first protruding portions P11 to P14, which protrude from the respective four inner corners thereof toward the liquid lens 110A and are respectively electrically or physically connected to the four first electrodes E11, E12, E13 and E14, which are respectively exposed through the first to fourth recesses H1 to H4….” This electrical connect exists at least after 132 has been fixed with respect to 136.).” However, Kim fails to explicitly teach “the substrate holding member containing a liquid crystal polymer is formed.” Fujii teaches (claim 13) “A method for producing (see steps below) an image pickup lens (image pickup lens unit 100), comprising: … a substrate holding member (first holder member 20) having an opening formed therein (depression RE) and providing a polymer lens (lens 10 which is a polymer lens in that lens elements 11 and 12 are formed of a curable resin, see paragraphs [0051]-[0052])… so that the polymer lens is located in the opening in a plan view (see Fig. 2B and paragraph [0054]: “The first holder member… includes a side wall part 21 having a rectangular pipe contour, and a bottom part 22 having a rectangular plate-shaped contour, and forms an overall depression RE to enable inserting and holding the lens 10.”)…” (claim 14) “the substrate holding member containing a liquid crystal polymer is formed (paragraph [0054]: “The first holder member 20 is formed from a thermoplastic resin having reflow heat resistance (for example, Liquid Crystal Polymer (LCP),”).” Fujii further teaches [0009]: “An object of the present invention is to provide a method for manufacturing an image-pickup lens unit in which a holder body and a cover can be easily connected together without the need for additional components, the image-pickup lens unit can be made small in size, and it is possible to avoid the occurrence of ghosts and flares, visual defects, and deterioration of dimensional accuracy caused by the presence of a positioning shape.” It is a well-established proposition that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose liquid crystal polymer as the material for the substrate holding member in which a rectangular lens element is held as taught by Fujii in the device of Kim since it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. Furthermore, one of ordinary skill in the art would have been motivated to choose a liquid crystal polymer thermoplastic resin for its reflow heat resistance that aids in the manufacturing of such a lens such that it is possible to avoid the occurrence of ghosts and flares, visual defects, and deterioration of dimensional accuracy caused by the presence of a positioning shape. (see Fujii paragraphs [0009] and [0054]). Claims 4-5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US 2022/0075139 A1 (hereafter Kim) as applied to claim 1 above, and further in view of Jeong US 2017/0363838 A1 (hereafter Jeong). Regarding claim 4, Kim teaches “The image pickup lens according to claim 1, wherein a side wall of the polymer lens (paragraph [0127]: “the side surface of the liquid lens 110A,”) and an inner wall which is of the substrate holding member and which defines the opening (paragraph [0127]: “The spacer 136 may have a ring shape, and may be disposed … so as to surround the side surface of the liquid lens 110A,” thus the inner wall of 136 defines the opening in which 110A is fitted) are [fixed] to each other (paragraph [0127]: “the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer” emphasis added).” However, Kim does not specifically mention any adhesive, epoxy, glue or other bonding agent and thus does not explicitly teach “bonded to each other.” Jeong teaches (claim 1) “An image pickup lens (paragraph [0044]: “camera module”) comprising: a [variable] lens (autofocusing unit 200) … a connection part electrically connecting … the polymer lens (first and second electrode patterns 110 and 120); and a substrate holding member (housing 100)… the substrate holding member having an opening (first recess 140 and third recess 160 which is communicated with the first recess see Figs. 9-10 and paragraph [0127]) which is formed therein (e.g. paragraph [0045]: “a first recess 140 may be formed in the upper surface of the housing 100”) and in which the polymer lens and the connection part are located in a plan view (see Figs. 9 and 10).” (claim 4) “wherein a side wall of the polymer lens (outer side surface of 200, best seen in Fig. 8) and an inner wall which is of the substrate holding member and which defines the opening (inner wall of recess 140) are bonded to each other (e.g. paragraph [0127]: “An adhesive may be injected through the third recess 160 to couple the auto-focusing unit 200 to the recess”).” Jeong further teaches (paragraph [0128]): “The third recess 160 may be more useful at the time of performing a bonding operation of coupling the lower surface of the auto-focusing unit 200 to the bottom surface of the first recess 140.” Thus, Kim teaches claim 4 except for specifying that the fixing or coupling is to bond the substrate holding member and the variable/polymer lens to one another. Jeong teaches that an adhesive located between the side wall of the variable lens and the inner wall of the recess can be used for this purpose. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate side recesses into which adhesive can be applied to bond the variable lens to the substrate holding member as taught by Jeong in the device of Kim because Jeong teaches that (paragraph [0128]): “The third recess 160 may be more useful at the time of performing a bonding operation of coupling the lower surface of the auto-focusing unit 200 to the bottom surface of the first recess 140.” Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when making this modification because Kim is open to any form of fixing or coupling between the polymer lens and the substrate holding member. Regarding claim 5, the Kim – Jeong combination teaches “The image pickup lens according to claim 4,” however, Kim fails to teach “wherein the side wall and the inner wall are bonded to each other at a plurality of bonding portions, and the plurality of bonding portions are located so as to be rotationally symmetric with respect to a center of the polymer lens in a plan view.” Jeong teaches “wherein the side wall and the inner wall are bonded to each other at a plurality of bonding portions (there are four third recesses 160. paragraph [0127]: “An adhesive may be injected through the third recess 160 to couple the auto-focusing unit 200 to the recess.”), and the plurality of bonding portions are located so as to be rotationally symmetric with respect to a center of the polymer lens in a plan view (see Figs. 9 and 10 there is one bonding recess 160 at the middle of each of the four sides of recess 140 that are rotationally symmetric with respect to a center of the polymer lens in a plan view, if not identically, at least to a reasonable extent.).” Jeong further teaches (paragraph [0128]): “The third recess 160 may be more useful at the time of performing a bonding operation of coupling the lower surface of the auto-focusing unit 200 to the bottom surface of the first recess 140.” Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate rotationally symmetrically located side recesses into which adhesive can be applied to bond the variable lens to the substrate holding member as taught by Jeong in the device of Kim because Jeong teaches that (paragraph [0128]): “The third recess 160 may be more useful at the time of performing a bonding operation of coupling the lower surface of the auto-focusing unit 200 to the bottom surface of the first recess 140.” Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when making this modification because Kim is open to any form of fixing or coupling between the polymer lens and the substrate holding member. Regarding claim 11, Kim teaches “The image pickup lens according to claim 1,” however, Kim fails to explicitly teach “wherein the connection part is one selected from the group consisting of a bonding wire and an electrically conducive paste.” Jeong teaches a “connection part (the connection between auto-focusing unit 200 and pad unit 111 of the electrode pattern that provides an electrically connection to the variable lens 200) is one selected from the group consisting of a bonding wire and an electrically conducive paste (paragraphs [0120]-[0122]: “silver (Ag) epoxy or electrically conductive epoxy may be used as the electrically conductive adhesive… an electrically conductive adhesive may be injected through the second recess 150 such that the pad unit 111 is connected to the auto-focusing unit 200.” Note that the term “paste” is taken in its meaning of something that adheres or glues elements together.).” It is a well-established proposition that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose an electrically conductive adhesive such as silver epoxy as the material which electrically connects the variable lens to electrodes that provide a connection to an external controller as taught by Jeong in the device of Kim since it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. Claims 1, 6-7, 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al. US 2008/0267603 A1 in view of Kim et al. US 2022/0075139 A1 (hereafter Kim). Regarding claim 1, Jung teaches (Figs. 10A-11D) “An image pickup lens (e.g. paragraph [0071]: “auto-focusing camera module”) comprising: a flexible substrate (340, see paragraph [0149]: “power supply unit 340 includes a flexible substrate”) having a first surface (e.g. the surface with second connection pattern 342a which is proximate to through-hole 342b); a [variable] lens (liquid lens 301a) provided with respect to the first surface (see Figs. 11C and 11D); a connection part (connection pattern 342a) electrically connecting the flexible substrate and the polymer lens (paragraph [0159]: “the first, second and third connection patterns 341, 342 and 343 and the liquid lens 301 have a series of circuits in which an electric current flows in one direction in application of a power source.”); and a substrate holding member (lower transparent substrate 301b) holding the flexible substrate (see Figs. 11C and 11D), the substrate holding member being fixed with respect to the first surface (see Figs. 11C and 11D and paragraph [0151]: “the second connection pattern 342a being in contact with a lower transparent substrate 301b”), the substrate holding member having an opening which is formed therein and in which the polymer lens [is] located in a plan view (the liquid lens portion of 301a must be within an opening in 301b otherwise light would not reach the image sensor).” However, Jung fails to specify that the variable lens is “a polymer lens” and “the substrate holding member having an opening which is formed therein and in which… the connection part [is] located in a plan view.” Kim teaches “An image pickup lens (camera module 1000A see e.g. Fig. 13) comprising: a flexible substrate (connection substrate 132 which is flexible in that it is bent as shown in Fig. 14) having a first surface (the bottom surface of 132 that sits on 136 and 110A); a polymer lens (110, see paragraphs [0044]-[0045]: “A variable lens may be a variable focus lens. Further, a variable lens may be a lens that is adjustable in focus. A variable lens may be at least one of a liquid lens, a polymer lens, a liquid crystal lens, a VCM type, or an SMA type…. A polymer lens may change the focus by controlling a polymer material using a driver… Hereinafter, camera modules 1000 and 1000A according to embodiments will be described as including a liquid lens as a variable lens, but the embodiments are not limited thereto.) provided with respect to the first surface (see e.g. Fig. 7 110A is provided under the bottom surface of 132); a connection part (protruding portion of 132 including PT11-PT14 and PT21-PT24 etc.) electrically connecting the flexible substrate and the polymer lens (e.g. paragraphs [0118]: “Referring again to FIG. 7, the first connection substrate 132 may include first protruding portions P11 to P14, which protrude from the respective four inner corners thereof toward the liquid lens 110A and are respectively electrically or physically connected to the four first electrodes E11, E12, E13 and E14, which are respectively exposed through the first to fourth recesses H1 to H4…. ); and a substrate holding member (spacer 136) holding the flexible substrate (see Fig. 14), the substrate holding member being fixed with respect to the first surface (paragraph [0127]: “the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” Given that the protruding portions PT of 132 are electrically or physically connected to the electrodes of the lens 110, elements 132 and 110 must be fixed with respect to one another at least to the extent that the connections do not break. Therefor, 136 to which 110 is fixed, must also be fixed with respect to 132 to at least the same extent.), the substrate holding member having an opening which is formed therein and in which the polymer lens and the connection part are located in a plan view (paragraph [0127]: “The spacer 136 may have a ring shape, and may be disposed between the first connection substrate 132 and the second connection substrate 134 so as to surround the side surface of the liquid lens 110A… the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” Given that the holes H and electrodes E of 110 are on the top surface thereof, then both the lens 110 and the connection parts PT are located within the rectangular ring shape of 136).” Jung discloses the claimed invention except that a liquid lens is used instead of a polymer lens. Kim shows that polymer lenses and liquid lenses are an equivalent structures in the art. Therefore, because these two variable lens types were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute a polymer lens as taught by Kim for the liquid lens of Jung, and the results thereof would have been predictable. See MPEP §2144.06 and 2143 (I)(B). Jung further discloses the claimed invention except that Jung does not depict a plan view that includes both the connection part and the opening in the substrate holding member. Kim teaches “the substrate holding member having an opening which is formed therein and in which the polymer lens and the connection part are located in a plan view (paragraph [0127]: “The spacer 136 may have a ring shape, and may be disposed between the first connection substrate 132 and the second connection substrate 134 so as to surround the side surface of the liquid lens 110A… the spacer 136 may have a shape that allows the liquid lens 110A to be mounted in, seated in, in contact with, fixed to, provisionally fixed to, supported by, coupled to, or disposed in the spacer.” Given that the holes H and electrodes E of 110 are on the top surface thereof, then both the lens 110 and the connection parts PT are located within the rectangular ring shape of 136).” It is a well-established proposition that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); See MPEP §2144.04(V)(C). Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the variable lens of Jung in two parts as taught by Kim, where the variable lens portion is surrounded by a ring-shaped spacer as taught by Kim since it has been held that formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); See MPEP §2144.04(V)(C). In the above modification, the connection part will be within the opening in the substrate holding member as taught by Kim, because the connection part in both Jung and Kim needs to supply current/voltage to the variable lens. Regarding claim 6, the Jung – Kim combination teaches “The image pickup lens according to claim 1,” and Jung further teaches “comprising: a first lens (solid lens 302) located at a position closer to an image-forming plane (the image plane of image sensor 320) than the polymer lens (see Fig. 11D); and a lens barrel (lens barrel 310) accommodating the first lens (see Figs. 11A-11D), wherein the flexible substrate and an outer wall of the lens barrel are engaged with each other (paragraph [0148]: “The power supply unit 340 is inserted and fixed into an array hole 315 formed vertically through a body of the lens barrel 310” where 315 is in the outer wall of 310, see e.g. Fig. 11C).” Regarding claim 7, the Jung – Kim combination teaches “The image pickup lens according to claim 6,” and Jung further teaches “wherein the outer wall has a projected part (array hole 315 and substrate array groove 316 through which 346 extends include a radially inwards-most surface of the hole and projecting parts extending radially outwards therefrom on either side thereof so that 346 is prevented from moving left and right. See paragraph [0156]) that is fitted into a first missing part (see Fig. 10A. on either side to the left and right (top and bottom in Fig. 10A) or 346 is a “missing part” in the sense that 342 and 343 are wider than 346) which is formed in the flexible substrate (340).” Regarding claim 10, the Jung – Kim combination teaches “The image pickup lens according to claim 1,” further teaches “comprising a second lens (Jung: upper transparent substrate 301c which is a second lens in that it is depicted as a plano-convex lens) located at a position closer to an object than the polymer (Kim paragraph [0044]) lens (Jung: see e.g. Fig. 11D), wherein the substrate holding member holds the second lens (Jung: see Fig. 11D 301c is part of 301 and thus is held by the substrate holding member of the Jung -Kim combination).” It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the variable lens of Jung in two parts as taught by Kim, where the variable lens portion is surrounded by a ring-shaped spacer as taught by Kim since it has been held that formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961); See MPEP §2144.04(V)(C). In the above combination the upper transparent substrate of Jung will be held by the ring-shaped spacer of the Jung - Kim combination either directly or via attachment to the polymer lens. Regarding claim 12, the Jung – Kim combination teaches “the image pickup lens according to claim 1” and Jung further teaches “A camera module (camera module 300) comprising: the image pickup lens according to claim 1 (See claim 1); and an image pickup element (image sensor 320) that receives light having passed through the image pickup lens (paragraph [0086]: “The image sensor 120 is a sensor member having an image focusing region formed in an upper surface thereof, the image focusing region being disposed right below the solid lens 102 to focus the light passed through the liquid lens 101 and the solid lens 102.” and paragraph [0147] “Reference numerals of the lens barrel 310, the image sensor 320 and the substrate 330 are represented by three hundreds since they have the same configurations as those of the one and another exemplary embodiment of the present invention, and their detailed descriptions are omitted for clarity.”).” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. US 20090096953 A “Lens Assembly for Mobile Apparatus Having Improved Image Uniformity” pertinent to at least claims 1, 6 and 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARA E RAKOWSKI whose telephone number is (571)272-4206. The examiner can normally be reached 9AM-4PM ET M-F. 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, Thomas Pham can be reached at 571-272-3689. 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. /CARA E RAKOWSKI/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Feb 20, 2024
Application Filed
Mar 25, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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1-2
Expected OA Rounds
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Grant Probability
69%
With Interview (+4.3%)
3y 0m
Median Time to Grant
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