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 .
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu et al. (US 20210199912).
Regarding claim 1, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 23) an optical element driving mechanism, comprising: a first movable portion (2-130, 2-M1; sections 0170-0171) used for connecting a first optical module (2-181; lens); a fixed portion (2-F1; combination of 2-110, 2-120; Figs. 11-12) comprising a first frame (2-110) and a bottom (2-120A), wherein the first movable portion is movable relative to the fixed portion (section 0172), and a first accommodating space (portion between 2-110 and 2-120A) is formed between the first frame (2-110) and the bottom (2-120A), the first movable portion (2-130) is in the first accommodating space (Fig. 12); a first driving assembly (2-140) used for driving the first movable portion to move relative to the fixed portion (section 0173); a second optical module (2-183; optical sensor) connecting to the bottom through the first frame (connecting via 2-185 and 2-186); and a connecting assembly (2-150), wherein the first frame connects to the bottom through the connecting assembly (via 2-130).
Regarding claim 2, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 23) a first intermediate assembly (2-142, 2-150, 2-156, 2-162, 2-164, portion between adjacent 2-132), and the first movable portion is movable relative to the fixed portion through the first intermediate assembly (sections 0189-0191), wherein: the first intermediate assembly comprises: a first intermediate element (2-150, 2-156, 2-162, 2-164, portion between adjacent 2-132); a first pressing element (2-142) used for generating a first stabilizing force to lean the first movable portion to the fixed portion; and a second pressing element (2-142) used for generating a second stabilizing force to lean the first movable portion to the fixed portion (section 0173).
Regarding claim 3, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 23) the first movable portion (2-130, 2-M1) comprises a first corresponding portion (2-134) in contact with the first intermediate element (2-150, 2-156, 2-162, 2-164, portion between adjacent 2-132); the first intermediate element is between the first pressing element (2-142) and the second pressing element (2-142); and the first intermediate element is movable relative to the first corresponding portion (sections 0173, 0189-0191).
Regarding claim 4, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 23) the fixed portion (2-F1; combination of 2-110, 2-120) is polygonal (square shape) when viewed along a main axis (2-O1), and the first intermediate element (2-150, 2-156, 2-162, 2-164, portion between adjacent 2-132), the first pressing element (2-142), and the second pressing element (2-142) are disposed on a first side of the fixed portion (Fig. 11).
Regarding claim 5, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 22-23) the first intermediate element (2-150, 2-156, 2-162, 2-164, portion between adjacent 2-132; in particular 2-162, 2-164) is strip-shaped and extending along the main axis; the first intermediate element comprises a first surface, a second surface, and a third surface facing the first corresponding portion when viewed along the main axis; and the first surface and the second surface are not parallel (Fig. 22).
Regarding claim 6, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 22-23) the first surface has a flat structure and is in contact with the first corresponding portion (2-134); and the second surface has a flat structure and is in contact with the first corresponding portion (Fig. 16; sections 0174, 0191).
Regarding claim 7, Hu discloses (Figs. 1-81D; in particular Figs. 10-12, 16, 22-23) a gap is formed between the first corresponding portion (2-134) and the third surface (portions of 2-162, 2-164); the third surface is between the first surface and the second surface; the third surface has a flat structure (Fig. 22); and the fixed portion (2-F1) comprises a second corresponding portion (2-120) in direct contact with the first intermediate element (sections 0174, 0183, 0190-0191).
Allowable Subject Matter
Claims 8-20 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.
The following is an examiner’s statement of reasons for allowance: the prior art does not disclose or suggest the optical element driving mechanism of claims 8-20, in particular the limitations of the fixed portion further comprises a second frame and a case; a second accommodating space is formed between the first frame and the second frame; the first movable portion is not in the second accommodating space; a third accommodating space is formed between the case and the bottom; the first accommodating space is in the third accommodating space; and the second accommodating space is in the third accommodating space.
Response to Arguments
Applicant’s arguments with respect to claims 1-7 have been considered but are moot because the new ground of rejection does not rely on the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S CHANG whose telephone number is (571)270-5024. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Caley can be reached at (571) 272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES S CHANG/Primary Examiner, Art Unit 2871