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. 18/654,988 filed on 5/3/2024 is presented for examination by the Examiner.
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.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 4 of patent no. 12,375,809 of Wu et al. (hereinafter “Wu”).
An explanation along with the listing of claims 1 of the present application and claim 4 of Wu is given below.
Instant claims: 18/504,237
Patent No. 12,375,809
1. An optical module, comprising:
a movable part, for connecting a first optical element;
a fixed part, wherein the movable part is movable relative to the fixed part;
a first driving assembly, for driving the movable part to move relative to the fixed part; and
a first circuit assembly, for electrically connecting the first driving assembly.
1. A driving mechanism, comprising:
a fixed portion;
a movable portion being movable relative to the fixed portion;
a driving assembly used for driving the movable portion to move relative to the fixed
portion, wherein the driving assembly receives first signal provided by a control assembly, wherein the driving assembly comprises:
a first driving element used for generating a first driving force to the movable portion; and
a second driving element used for generating a second driving force to the movable portion;
a circuit assembly, comprising a third circuit electrically connected to the first driving
element, and a fourth circuit electrically connected to the second driving element, wherein the driving assembly is electrically connected to the control assembly through the circuit assembly;
a signal adjusting assembly electrically connected to the driving assembly, wherein the signal adjusting assembly is used for adjusting the first signal;
a first clamping element used for fixing a first end of the first driving element that is
strip-shaped; and
a second clamping element used for fixing a second end of the second driving element
that is strip-shaped; wherein:
the first clamping element is plate-shaped;
the second clamping element is plate-shaped;
the first clamping element is electrically connected to the third circuit; and
the second clamping element is electrically connected to the fourth circuit.
2. The driving mechanism as claimed in claim 1, wherein the circuit assembly comprises a first circuit and a second circuit; wherein:
the first driving element and the second driving element are electrically connected to the first circuit;
the first driving element and the second driving element are electrically connected to the second circuit;
the first circuit is electrical connectable to the second circuit through the driving
assembly;
the first driving element is electrical connectable to the control assembly through the first circuit;
the second driving element is electrical connectable to the control assembly through the first circuit;
the first driving element is electrical connected to the control assembly through the
second circuit;
the second driving element is electrical connected to the control assembly through the
second circuit.
3. The driving mechanism as claimed in claim 2, wherein the circuit assembly further comprises:
a main body being plate-shaped; wherein:
the first circuit is electrically connectable to the second circuit through the third circuit;
the first circuit is electrically connectable to the second circuit through the fourth circuit;
the third circuit is electrically connected to the signal adjusting assembly;
the signal adjusting assembly is electrically connected to the first circuit or the second
circuit through the third circuit;
the fourth circuit is electrically connected to the signal adjusting assembly;
the signal adjusting assembly is electrically connected to the first circuit or the second
circuit through the fourth circuit;
the driving mechanism further comprises:
the first clamping element is electrically connected to the third circuit;
the second clamping element is electrically connected to the fourth circuit;
the fixed portion further comprises a case and a bottom forming an accommodating space
for accommodating the movable portion;
the case comprises a top wall and a side wall;
the circuit assembly is disposed in the accommodating space;
the control assembly is disposed in the accommodating space;
the first circuit, the second circuit, the third circuit, and the fourth circuit are disposed on
the main body.
4. The driving mechanism as claimed in claim 3, wherein:
the movable portion is used for connecting to an optical element;
the first driving element comprises shape memory alloy;
the second driving element comprises shape memory alloy;
the control assembly further comprises a first sensing assembly and a second sensing
assembly used for detecting the movement of the movable portion relative to the fixed portion;
the control assembly provides the first signal based on the sensing result of the first
sensing assembly;
the control assembly provides the first signal based on the sensing result of the second
sensing assembly.
Claim 4 of Wu discloses all the limitations of claim 1 of the present application.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of patent no. 12,379,570 of Yu et al. (hereinafter “Yu”).
An explanation along with the listing of claims 1 of the present application and claim 1 of Yu is given below.
Instant claims: 18/504,237
Patent No. 12,379,570
1. An optical module, comprising:
a movable part, for connecting a first optical element;
a fixed part, wherein the movable part is movable relative to the fixed part;
a first driving assembly, for driving the movable part to move relative to the fixed part; and
a first circuit assembly, for electrically connecting the first driving assembly.
1. An optical element driving mechanism, comprising:
a movable portion used for connecting to a first an optical element, wherein the movable portion comprises a first positioning structure;
a fixed portion comprising a second positioning structure corresponding to the first positioning structure, wherein the movable portion is movable relative to the fixed portion;
a driving assembly used for driving the movable portion to move relative to the fixed
portion; and
a circuit assembly electrically connected to the driving assembly and comprises a third circuit element, wherein the third circuit element comprises a first positioning portion and a second positioning portion connected to the movable portion and the fixed portion through the first positioning structure and the second positioning structure, respectively;
wherein the driving assembly is electrically connected to an external circuit through the circuit assembly;
when viewed along the main axis, and before the third circuit element is disposed on the movable portion and the fixed portion, a first gap is between the first positioning structure and the second positioning structure;
when viewed along the main axis, and after the third circuit element is disposed on the movable portion and the fixed portion, a second gap is between the first positioning structure and the second positioning structure;
the first gap and the second gap are different and have a first difference.
Claim 1 of Yu discloses all the limitations of claim 1 of the present application.
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)(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 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu (CN 115586683A, hereinafter, “Fu”).
Regarding claim 1, Fu discloses (figure reference numbers herein refer to the original and paragraph reference numbers refer to the English translation) an optical module 5 (Fig. 3), comprising:
a movable part 1, for connecting a first optical element 11 (Fig. 3, 6, [0020]);
a fixed part 87, 60, 50, 51, wherein the movable part is movable relative to the fixed part (Fig. 3, [0022]);
a first driving assembly 20, 21, for driving the movable part to move relative to the fixed part (Fig. 3, 9, 10, [0043]); and
a first circuit assembly 64, for electrically connecting the first driving assembly (Fig. 4, [0022]-[0023]).
Regarding claim 2, Fu discloses the optical module as claimed in claim 1, wherein the fixed part includes:
an outer frame 50, including a top surface and a sidewall (Fig. 3), wherein an extension direction X of the top surface is perpendicular to a main axis Z of the fixed part;
a base 87 (Fig. 3), wherein an accommodating space is formed by the base and the outer frame, and the first optical element is not located in the accommodating space (Fig. 5).
Regarding claim 3, Fu discloses the optical module as claimed in claim 2, wherein
the sidewall includes:
a first surface (facing outwards), wherein a first output part 64 of the first circuit assembly is disposed on the first surface (Fig. 2, 3); and
a second surface (facing inwards), facing the accommodating space, wherein the first surface and the second surface face opposite directions (Fig. 3).
Regarding claim 4, Fu discloses the optical module as claimed in claim 2, wherein
the first circuit assembly and the first output part are not disposed in the accommodating space (Fig. 2, 3).
Regarding claim 5, Fu discloses the optical module as claimed in claim 2, wherein
the first driving assembly is connected to an external circuit through the first circuit assembly ([0023]).
Regarding claim 6, Fu discloses the optical module as claimed in claim 5, further comprising a second circuit assembly 62 for connecting to the external circuit, wherein the second circuit assembly is electrically independent from the first circuit assembly, and the second circuit assembly is at least partially located in the accommodating space (Fig. 4, [0023], [0056]).
Regarding claim 7, Fu discloses the optical module as claimed in claim 6, wherein
when viewed along an extension direction of the sidewall, the first output part 64 of the first circuit assembly and a second output part 62 of the second circuit assembly are respectively located on two sides of the sidewall (Fig. 4).
Regarding claim 8, Fu discloses the optical module as claimed in claim 7, wherein
the first surface faces the first output part 64, and the second surface (the inwards facing surface around 63) faces the second output part 62 (Fig. 4).
Regarding claim 9, Fu discloses the optical module as claimed in claim 8, further comprising a carrying assembly 70, movable relative to the fixed part 87, for carrying a second optical element 7, wherein the carrying assembly is at least partially located in the accommodating space, wherein when the carrying assembly moves, the carrying assembly drives the movable part to move (Fig. 3, [0022]).
Regarding claim 10, Fu discloses the optical module as claimed in claim 9, wherein
the first driving assembly includes a coil 20 and a magnetic element 21 corresponding to the coil, wherein when the carrying assembly moves, the coil and the magnetic element move relative to each other (Fig. 9, 10, [0043]).
Regarding claim 11, Fu discloses the optical module as claimed in claim 10, further comprising a stopper assembly 51, located in the accommodating space, limiting the movement of the movable part relative to the fixed part within a range of motion, and the movement of the carrying assembly relative to the fixed part (Fig. 5, [0022], [0035]).
Regarding claim 12, Fu discloses the optical module as claimed in claim 10, further comprising a second driving assembly 75, 85 electrically connected to the second circuit assembly, for driving the carrying assembly to move relative to the fixed part (Fig. 3, [0031], [0041]).
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.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Fu in view of Wu (US 2013/0016962, hereinafter, “Wu”).
Regarding claim 13, Fu discloses the optical module as claimed in claim 12.
Fu does not disclose further comprising:
a frame, fixedly connected to the carrying assembly, wherein the frame has a first frame surface facing an optical axis of the second optical element; and
a guiding assembly, through which the movable part moves relative to the frame.
Wu discloses an actuator in a camera module (Abstract). In one embodiment, the module comprises a base 10, a fixed part 12 and a movable frame 14 that moves an optical element 30 (Fig. 2, 4, [0012], [0016]). The movable frame 14 includes a guiding assembly 149 ([0019]).
Both Fu and Wu disclose actuators for camera modules.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify the Fu so that a frame is fixedly connected to the carrying assembly 70, as taught by Wu, for achieving steady movement of the carrying assembly. In the above modified module of Fu/Wu, the frame has a first frame surface facing the optical axis of the second optical element 7 and a guiding assembly 149 through which the movable part 1 moves relative to the frame (Fig. 2, 5 in Wu, Fig. 3 in Fu).
Regarding claim 14, Fu/Wu discloses the optical module as claimed in claim 13, wherein
when viewed along the optical axis, the guiding assembly 149 does not overlap the first circuit assembly 64, and the guiding assembly 149 is not located between the movable part 1 and the first circuit assembly 64 (Fig. 3 in Fu, Fig. 2 in Wu).
Regarding claim 15, Fu/Wu discloses the optical module as claimed in claim 13, wherein
the frame has a second frame surface facing the guiding assembly, and the second frame surface faces the opposite direction from the first frame surface (Fig. 2 in Wu).
Regarding claim 16, Fu/Wu discloses the optical module as claimed in claim 13, wherein
the optical axis passes through the accommodating space, and when viewed along the optical axis, the guiding assembly 149 is at least partially located between the frame 14 and the movable part 1 (Fig. 3 in Fu, Fig. 2 in Wu).
Regarding claim 17, Fu/Wu discloses the optical module as claimed in claim 13, wherein
the first driving assembly 20, 21 is for driving the movable part 1 to move in a first dimension Z relative to the frame 14 (Fig. 3, 9, 10, [0043] in Fu, Fig. 2 in Wu).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fu, Wu in view of Shimotsu et al. (US 2023/0333399, hereinafter, “Shimotsu”).
Regarding claim 18, Fu/Wu discloses the optical module as claimed in claim 17.
Fu/Wu does not disclose wherein the second driving assembly is for driving the carrying assembly to move relative to the fixed part in a second dimension, a third dimension, and a fourth dimension.
Shimotsu discloses a lens module (Fig. 2, Abstract). In one embodiment, the lens module includes a shake correction lens 76 that corrects for shake movements via a shake correction/shift drive by moving the lens along axes different that the optical axis Z ([0119]-[0123]).
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify the Fu/Wu so that the second driving assembly 75, 85 of Fu/Wu drives the carrying assembly 70 to move relative to the fixed part in dimensions other the first (optical) direction, for example, along a second X and a third direction Y, as taught by Shimotsu, for correcting shake movements of the lens.
In the above modified optical module of Fu/Wu/Shimotsu, the second driving assembly drives the carrying assembly in a second and a third dimension.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the present application to modify the Fu/Wu/Shimotsu so that the second driving assembly 75, 85 of Fu/Wu/Shimotsu drives the carrying assembly 70 to move relative to the fixed part in dimensions along a second, third and a fourth dimension, since it has been held that a mere duplication of working parts (here, movement along a fourth dimension requires an additional coil/magnet pair) of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960). Such a modification would provide a lens module with better image quality.
Regarding claim 19, Fu/Wu discloses the optical module as claimed in claim 18, wherein
the first dimension Z is different from the second dimension (X or Y).
Regarding claim 20, Fu/Wu discloses the optical module as claimed in claim 18, wherein
the first dimension (Z), the second dimension (X), the third dimension (y), and the fourth dimension (different than X, Y, Z to correct more shake movements) are all different from each other.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONIDAS BOUTSIKARIS whose telephone number is (703)756-4529. The Examiner can normally be reached Mon. - Fr. 9.00-5.00.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Stephone Allen, can be reached on 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.B./
Patent Examiner, AU 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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