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 Amendment and Remarks filed on 02/02/2026
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 1-20 are pending
Response to Arguments
The Examiner acknowledges Applicant's amendments and remarks filed on 02/02/2026. They have been fully considered and are persuasive in the part. The amended specifications and arguments presented are sufficient to overcome the objections and rejections based on Specification, Drawings and 356 USC 112 rejections and these objections and rejections have therefore been withdrawn.
With regards to claim amendments, these amendments are not sufficient to overcome the Double Patenting rejection, nor are the arguments persuasive.
On page 10 of the Remark document, Applicant argues that the magnet and the first guide are clearly different. Examiner agrees with this. However, the magnet is part of the drive and Claim 17 in US 12,035,024 B2 claims that the first and second driving part includes a magnet that is disposed along the lens assembly along an optical axis direction. Examiner would like to remind the Applicant that although the claims at issue are not identical, they are not patentably distinct from each other.
In view of the above arguments, Examiner would like to maintain the rejections as detailed in the following action.
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, 6-20 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 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 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 magnet includes a magnet surface connecting one end and an opposite end of the magnet facing each other in the optical axis direction and extending in the optical axis direction, and
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
wherein a length of the 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 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 a second direction perpendicular to the optical axis 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 the first direction.
15. Patent 12,035,024 B2: wherein the first coil overlaps the third substrate portion in the first 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
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.
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/PADMA HALIYUR/Primary Examiner, Art Unit 2639 February 26, 2026