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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 2/28/2024. An initialed copy is attached to this Office Action.
Election/Restrictions
Applicant's election with traverse of claims 1-5 in the reply filed on 3/12/2026 is acknowledged. The traversal is on the ground(s) that Applicant argues that the search and examination for both groups can be completed concurrently under the same procedure and search strategy and the search would not impose an undue burden on the Examiner. This is not found persuasive because there is an examination and search burden for these patentably distinct inventions due to their mutually exclusive characteristics. The Examiner maintains that the restriction is proper and necessitated by the undue burden that would be imposed on the Examiner in conducting a comprehensive search and examination of all claimed inventions. The claims are drawn to distinct inventions and do not share a single general inventive concept sufficient to justify a unified search. Each group of claims requires a separate and independent search in different fields of classification and would involve a materially different examination, thereby constituting a serious search and examination burden. The Examiner notes that the elements of the apparatus claims 1-5 (for example, the lens holder having an axle hole) and the steps included in the method claims 6-10 (for example, portions of the assembling step, the focus-adjusting step, the curing step, and portions of the welding step) are distinct. Applicant’s arguments have been considered but are not persuasive, as they do not adequately address the differences in scope and classification among the claimed subject matter. Accordingly, it is still seen that the search and the examination of all of the inventions would indeed place an undue burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2021/0306530), hereinafter Wang in view of Zhang, Kou-wen (CN 110753170), hereinafter ‘170.
Regarding claim 1, Wang discloses, in figures 4, 6A, and 6B, a camera device (camera module) (paragraph 0295) comprising: a circuit board (1012, window-form circuit board which includes 10121, circuit board main body) having a through hole (10122, window) (paragraph 0308), a first surface, and a second surface opposite to the first surface (top and bottom surfaces of the circuit board) (figure 6A), wherein the through hole (10122, window) penetrates the first surface and the second surface (paragraph 0309 discloses the window is received in the circuit board), and the first surface is provided with a photosensitive element (1011, photosensitive element) (paragraph 0309); and a lens holder (1030, actuator) (paragraph 0297 discloses the lens 1020 is installed on the actuator 1030) having an axle hole (see annotated figure 6A) and an assembling surface (1013, packaging body) and comprising a welding column, wherein the assembling surface is fixed to the first surface of the circuit board through a light curing adhesive layer, so that the photosensitive element is in the axle hole (paragraph 0311 discloses an adhesive is used to adhere the components to the circuit board).
Wang does not specifically disclose the welding column passes through the through hole, and the welding column is welded and fixed to the circuit board.
‘170 discloses the welding column (21, connection pins) passes through the through hole (31, through hole) (abstract), and the welding column is welded and fixed to the circuit board (3, circuit board) (see figure 1 and abstract).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Wang with the welding column and through hole of ‘170 for the purpose of affixing the lens holder to the circuit board.
Regarding claim 2, ‘170 discloses wherein the lens holder (2, mirror base) has an outer peripheral portion, and the welding column (21, connection pin) integrally extends from the outer peripheral portion (see figure 1).
Regarding claim 3, ‘170 discloses wherein the circuit board (3, circuit board) has a plurality of the through holes (31, through hole) (ABS) (figure 1 shows 2 of the through holes), the through holes are at two opposite sides of the lens holder(figure 1 shows the through holes are on opposing sides), the lens holder (2, mirror base) comprises a plurality of the welding columns (21 connection pins) (figure 1 shows at least 2 connections pins), the welding columns respectively extends from two opposite sides of the outer peripheral portion, and each of the welding columns passes through a corresponding one of the through holes and is welded and fixed to the circuit board (ABS) (figure 1).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2021/0306530), hereinafter Wang in view of Zhang, Kou-wen (CN 110753170), hereinafter ‘170 as applied to claim 1 above, and further in view of Huang, Jian-Feng (CN 102540377), hereinafter ‘177.
Regarding claim 4, Wang in view of ‘170 discloses all the limitations in common with claim 1, and such is hereby incorporated.
Wang in view of ‘170 does not specifically disclose wherein the welding column comprises a column body and a welding head, the column body is in the through hole, a size of the welding head is greater than a size of the through hole, and the welding head is fixed to the second surface of the circuit board.
‘177 discloses wherein the welding column (252, adjusting part) comprises a column body (251, connecting part and 253, shoulder) and a welding head (252a, adjusting driver), the column body is in the through hole (215, cross-shaped groove), a size of the welding head is greater than a size of the through hole (215, cross-shaped groove), and the welding head is fixed to the second surface of the circuit board (20, lens base) (figures 3 and 4).
Therefore it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Wang and ‘170 with the welding columns of ‘177 for the purpose of securing the lens holder to the base.
Regarding claim ‘177 discloses wherein the through hole (215, cross-shaped groove) has a first opening and a second opening opposite to the first opening see figure 2), the first opening is at the first surface, the second opening is at the second surface (see figure 2), the welding column comprises a welding head (252a, adjusting driver), and the welding head is fixed inside the through hole (215, cross-shaped groove) (see figure 3 below).
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‘177 does not specifically disclose a size of the first opening is less than a size of the second opening.
It would have been obvious to modify the invention to include a size of the first opening is less than a size of the second opening, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (In re Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)) this being reasonably based upon fitting the connection pin in the through hole and affixing he lens holder to the base.
Regarding claim 5, ‘177 discloses and a second opening opposite to the first opening (see figure 2), the first opening is at the first surface, the second opening is at the second surface (see figure 3 above), the welding column comprises a welding head (252a, adjusting driver), and the welding head is fixed inside the through hole (215, cross-shaped groove) (see figure 3 above).
‘177 does not disclose a size of the first opening is less than a size of the second opening.
It would have been obvious to modify the invention to include a size of the first opening is less than a size of the second opening, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (In re Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)) this being reasonably based upon fitting the connection pin in the through hole and affixing he lens holder to the base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDI N THOMAS whose telephone number is (571)272-2341. The examiner can normally be reached Monday - Friday 7:30 - 3:30.
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/BRANDI N THOMAS/ Primary Examiner, Art Unit 2872