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 .
This action is in response to the Request for Continued Examination filed on 06/02/2026
This application is a CON of 17/604,117 now a PAT 12,035,024 B2 which is a 371 of PCT/KR2020/005177 04/17/2020
The application claims a FP date of 04/17/2019
Claims 1 and 14 are independent
Claims 1-3, 6-22 are pending
Response to Arguments
The Examiner acknowledges Applicant's amendments and remarks filed on 06/02/2026. They have been fully considered but are not persuasive.
On page 8 of the Remarks document, Applicant states that the figures 2 and 7a shows a specific positional relation between the yoke 141a and the first and second balls 117a, 117b. Examiner respectfully disagrees since the two figures have no common elements. Fig 2 discloses the yoke 141a and 142a. However, does not show the overlapping with the balls and Fig 7 discloses the first and second balls 117a and 117b but do not disclose the yoke 141a and 142a. Nowhere in the instant Application and in the parent application is this feature disclosed. The word “yoke” is mentioned 6 times in the instant application and does not disclose the amended limitation.
Examiner therefore believes that the amendments do not overcome the Double Patenting rejection as detailed in the following action.
In view of the above arguments, Examiner would like to maintain the rejections as detailed in the following action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 and 14 recite “a driving part … including a magnet and a yoke disposed on the lens assembly” and “wherein the yoke overlaps the first ball and the second ball in a second direction perpendicular to the optical axis direction”. Nowhere in the instant Application or in the parent application is this feature clearly disclosed. Figures 2 and 7a discloses the yoke and the balls respectively, but do not disclose the yoke overlapping the balls. And neither is this feature disclosed in the instant Application or in the parent patent in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint invention.
Claims 1 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the best mode contemplated by the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s) has not been disclosed. Evidence of concealment of the best mode is based upon the fact that the amended features in the independent claims are not disclosed in the instant Application and the parent application in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint invention
Claims 1 and 14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1 and 14 recite “a driving part … including a magnet and a yoke disposed on the lens assembly” and “wherein the yoke overlaps the first ball and the second ball in a second direction perpendicular to the optical axis direction”. Nowhere in the instant Application or in the parent application is this feature clearly disclosed. Figures 2 and 7a discloses the yoke and the balls respectively, but do not disclose the yoke overlapping the balls. And neither is this feature disclosed in the instant Application or in the parent patent in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint invention.
Double Patenting
The nonstatutory 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 nonstatutory double patenting rejection is appropriate where the claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3, 6-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent Number 12,035,024 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
1. Application: A camera module comprising: a base;
1. Patent 12,035,024 B2: A camera module comprising: a base;
a lens assembly disposed in the base to be movable along an optical axis direction and
1. Patent 12,035,024 B2: a first lens assembly and a second lens assembly disposed in the base to base to the movable along an optical axis;
having a first recess and a second recess spaced apart in the optical axis direction;
4. Patent 12,035,024 B2: wherein the one surface of the first lens assembly includes a first recess and a second recess provided and spaced apart from the first recess in the optical axis direction
a driving part configured to move the lens assembly along the optical axis direction and including a magnet and a yoke disposed on the lens assembly; and
1. Patent 12,035,024 B2: and the first driving part moves the first lens assembly along the optical axis direction, wherein the first driving part comprises a first magnet; a first driving device disposed in an inner region of the first coil
a first ball and a second ball disposed in the first recess and the second recess,
4. Patent 12,035,024 B2: further comprising a ball disposed wherein the ball includes a first ball disposed in the first recess and a second ball disposed in the second recess.
wherein the yoke overlaps the first ball and the second ball in a second direction perpendicular to the optical axis
5. Patent 12,035,024 B2: wherein at least one of the first ball and the second ball overlaps the first magnet in a second direction perpendicular to the first direction and the optical axis.
17.Patent 12,035,024 B2: a first lens assembly and a second lens assembly disposed … along an optical axis direction,
wherein the first driving part includes a first magnet disposed in the first groove of the first lens assembly, wherein the second driving part includes a second magnet disposed in the second groove
14. Patent 12,035,024 B2: wherein a length of the first guide part in the optical axis direction is greater than a minimum distance between the first recess and the second recesses in the optical axis direction
Examiner would like to state that in ¶0050 of the instant application, Applicant discloses that the first guide part may include two first rails, and the second guide part may include two second rails, the first magnet part is corresponded to the two first rails, and the second magnet part is corresponded to the two second rails.
2. Application: wherein the lens assembly includes a lens barrel and an extension portion extending parallel to the optical axis direction from the lens barrel
1. Patent 12,035,024 B2: wherein the lens assembly includes a lens barrel and an extension portion extending parallel to the optical axis direction from the lens barrel
wherein the extension portion includes a first region overlapping the lens barrel in a first direction perpendicular to the optical axis direction, and a second region nonoverlapping with the lens barrel in the first direction, and
1. Patent 12,035,024 B2: wherein the extension portion includes a first region overlapping the lens barrel in a first direction perpendicular to the optical axis direction, and a second region nonoverlapping with the lens barrel in the first direction, and
wherein at least a portion of the magnet is disposed in the second region.
1. Patent 12,035,024 B2: wherein at least a portion of the magnet is disposed in the second region of the extension portion.
3. Application: wherein the first recess is provided in the first region, and wherein the second recess is provided in the second region.
4. Patent 12,035,024 B2: wherein a first recess is provided on one surface of the first region and a second recess provided on one surface of the second region
6. Application: wherein the first recess includes two first recesses spaced apart along the second direction and the first direction with the magnet therebetween, and
5. Patent 12,035,024 B2: wherein at least one of the first ball and the second ball overlaps the first magnet in a second direction perpendicular to the first direction and the optical axis.
wherein the second recess includes two second recesses spaced apart along the second direction with the magnet therebetween.
6. Patent 12,035,024 B2: wherein the second recess overlaps at least a portion of the first magnet in a second direction perpendicular to the first direction and the optical axis direction.
7. Application: wherein the first ball includes two first balls disposed in the two first recesses, and wherein the magnet overlaps the two first balls along the second direction.
5. Patent 12,035,024 B2: wherein at least one of the first ball and the second ball overlaps the first magnet in a second direction perpendicular to the first direction and the optical axis.
8. Application: wherein the second ball includes two second balls disposed in the two second recesses, and wherein the magnet overlaps the two second balls along the second direction.
5. Patent 12,035,024 B2: wherein at least one of the first ball and the second ball overlaps the first magnet in a second direction perpendicular to the first direction and the optical axis.
9. Application: wherein the driving part further includes a coil disposed to face the magnet and a driving device disposed in an inner region of the
1. Patent 12,035,024 B2: wherein the first driving part comprises: a first coil disposed to face the first magnet; and a first driving device disposed in an inner region of the first coil,
wherein the driving device comprises a hall sensor configured to sense a movement of the lens assembly and a coil driver connected to the coil, and
1. Patent 12,035,024 B2: wherein the first driving device comprises a first hall sensor configured to sense a movement of the first lens assembly and first coil driver connected to the first coil,
wherein the coil driver is overlapped with the coil in the optical axis direction.
1. Patent 12,035,024 B2: wherein the first coil driver is overlapped with the first coil in the optical axis direction
10. Application: further comprising a circuit board including a first substrate portion on which an image sensor is disposed and a second substrate portion on which the coil is disposed,
2. Patent 12,035,024 B2: further comprising a circuit board including a first substrate portion on which an image sensor is disposed and a second substrate portion on which the first coil is disposed
wherein the driving device is disposed in the inner region of the coil on the second
substrate portion.
2. Patent 12,035,024 B2: wherein the first driving device is disposed in the inner region of the first coil on the second substrate portion.
11. Application: wherein the coil driver has the hall sensor and a temperature sensor embedded therein
3. Patent 12,035,024 B2: wherein the first coil has the first hall sensor and a temperature sensor embedded therein
12. Application: wherein the base includes a first guide part facing the first recess and the second recess and on which the first and second balls are disposed.
13. Patent 12,035,024 B2: wherein the base includes a first guide part facing the first recess and on which the ball is disposed.
13. Application: further comprising a third substrate portion disposed on one side of the base and on which a gyro sensor is disposed,
15. Patent 12,035,024 B2: further comprising a third substrate portion disposed on one side of the base and one which a gyro sensor is disposed,
wherein the coil overlaps the third substrate portion in a first direction perpendicular to the optical axis direction
15. Patent 12,035,024 B2: wherein the first coil overlaps the third substrate portion in the first direction.
17. Patent 12,035,024 B2: first direction perpendicular to the optical axis direction;
21. Application: wherein the base comprises a first-first guide rail configured to guide movement of the lens assembly,
13. Patent 12,035,024 B2: wherein the base includes a first guide part
wherein the first-first guide rail faces the first recess and the second recess and on which the first ball and the second ball are disposed, and
13. Patent 12,035,024 B2: guide part facing the first recess and the second recess and on which the ball is disposed.
wherein a length of the first recess in the optical axis direction is shorted than a length of the first-first guide rail in the optical axis direction.
14. Patent 12,035,024 B2: wherein a length of the first guide part in the optical axis direction is greater than a minimum distance between the first recess and the second recess in the optical axis direction.
22. Application: wherein a length of a magnet surface of the magnet in the optical axis direction is greater than a minimum distance between the first recess and the second recess in the optical axis direction
14. Patent 12,035,024 B2: wherein a length of the first guide part in the optical axis direction is greater than a minimum distance between the first recess and the second recess in the optical axis direction.
Claims 14-20 are similarly rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent Number 12,035,024 B2.
Conclusion
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/PADMA HALIYUR/Primary Examiner, Art Unit 2639 July 28, 2026
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