Prosecution Insights
Last updated: April 19, 2026
Application No. 18/737,267

VARIABLE APERTURE, CAMERA MODULE AND ELECTRONIC DEVICE

Non-Final OA §102§103§112
Filed
Jun 07, 2024
Examiner
PHAN, MINH Q
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
70%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
626 granted / 827 resolved
+7.7% vs TC avg
Minimal -5% lift
Without
With
+-5.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
31 currently pending
Career history
858
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
30.3%
-9.7% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 827 resolved cases

Office Action

§102 §103 §112
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 Objections Claim 10 is objected to because of the following informalities: on line 2, remove “brackets”, replace with -- bracket --. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim recites, “a second magnet” and “a second coil” without reciting “a first magnet” nor “a first coil”, therefore it is unclear whether the first coil and the first magnet are a part of the claimed invention. 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. Claim(s) 1-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gong et al. (CN 219697780 and its English Translation). Regarding claims 1-10 and 12, Gong teaches a variable aperture, comprising: a roller (90); a rotation bracket (30); a plurality of blades (70); and a base (22); wherein the base is annular and is sleeved outside the rotation bracket; the roller is located between the base and the rotation bracket and is in a rollable connection with the base and the rotation bracket; the plurality of blades are annularly distributed on one side of the base and are encircled to form an aperture hole, and the plurality of blades are in a rotatable connection with the base and in a slidable connection with the rotation bracket (Fig. 5); an accommodating groove is provided on an inner peripheral side of the base, the roller is located in the accommodating groove, and a cylindrical shape surface of the roller is abutted against the bottom wall of accommodating groove and an outer peripheral side of the rotation bracket, respectively (Fig. 7) [claim 2]; a stator (50); and a rotor (40), wherein the stator (50) is connected to the inner peripheral of the base (Fig. 8), the rotor (40) is connected to the outer peripheral of the rotation bracket (Fig. 10), and the stator is disposed opposite to the rotor [claim 3]; wherein the variable aperture includes two rollers (90) and two accommodating grooves, the two rollers are respectively located in the two accommodating grooves, and the stator is located between the two rollers (Fig. 2) [claim 4]; wherein the rotation bracket is provided with a mounting groove, and the rotor is located in the mounting groove (Fig. 10) [claim 5]; wherein the base is provided with a through hole, and the stator is located in the through hole (Fig. 2, an opening in the base main body) [claim 6]; wherein the stator is a first coil (50), and the rotor is a first magnet (40); [claim 7]; a flexible circuit board (23), wherein the flexible circuit board is annular and is sleeved outside the base, and the flexible circuit board is electrically connected to the first coil (Fig. 2) [claim 8]; PNG media_image1.png 393 514 media_image1.png Greyscale wherein the blade (70) is provided with a rotation hole and a guide hole (Fig. 5), and an end surface of the base is provided with a rotation shaft, the rotation shaft is rotationally matched with the rotation hole, an end surface of the bracket is provided with a sliding column, and the sliding column is slidably matched with the guide groove (Fig. 5 annotated) [claim 9]; a gasket (100), wherein the gasket is located between the blade and the rotation bracket, the gasket has a light-transmitting hole, and the light-transmitting hole and the aperture hole are arranged concentrically (Fig. 2) [claim 10]; and wherein the blade includes a first edge and a second edge, wherein one end of the first edge is connected with one end of the second edge, and the first edge is linear, and the second edge has a curved shape, the aperture hole is bounded by the first edge of each blade, or the aperture hole is bounded by the first edge and second edge of each blade (Fig. 5, annotated) [claim 12]. Claim Rejections - 35 USC § 103 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. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong in view of Naganuma (US Pub. No. 2002/0034390). Regarding claim 11, Gong teaches all the claimed limitations except for a thickness of a blade is 40 micrometers to 120 micrometers. Naganuma teaches a variable aperture comprises a blade having a thickness of 40 micrometers (para. 50). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a blade having a thickness similar to Naganuma within said variable aperture device in order to obtain a lighter and compact aperture device. Claim(s) 13-14, 16-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US Pub. No. 2020/0401014) in view of Gong (previously cited). Regarding claims 13-14, 17 and 19, Seo teaches a camera module comprising: a variable aperture (500); a lens assembly (20); a first actuator (810a); a second actuator device (810b); wherein the variable aperture is connected with the lens assembly and is located on a light entrance side of the lens assembly, the first actuator (810a) is connected with a side of the lens assembly away from the variable aperture, and the second actuator (810b) is connected with a side of the first actuator away from the lens assembly (Fig. 2); wherein the first actuator includes a basis (300) and a lens holder (200), wherein the lens holder is connected with the lens assembly, the basis includes a receiving cavity, and the lens holder is located in the receiving cavity and in a movable connection with the basis (Fig. 2) [claim 14]; wherein the second actuator includes a support member and a bearing member (C), wherein the support member is connected with the first actuator (the ball bearing support portion of the lens module is connected with the first actuator 810a), and a side of the support member away from the first actuator is in a movable connection with the bearing member (Fig. 2) [claim 17]; wherein the second actuator further includes a plurality of balls (C), a surface of the bearing member close to the support member is provided with a plurality of grooves, the balls are located in the grooves, and the balls are abutted against the support member (para. 76) [claim 19]. Seo does not specifically teach the variable aperture, comprising: a roller; a rotation bracket; a plurality of blades; and a base; wherein the base is annular and is sleeved outside the rotation bracket; the roller is located between the base and the rotation bracket and is in a rollable connection with the base and the rotation bracket; the plurality of blades are annularly distributed on one side of the base and are encircled to form an aperture hole, and the plurality of blades are in a rotatable connection with the base and in a slidable connection with the rotation bracket. Gong teaches a variable aperture, comprising: a roller (90); a rotation bracket (30); a plurality of blades (70); and a base (22); wherein the base is annular and is sleeved outside the rotation bracket; the roller is located between the base and the rotation bracket and is in a rollable connection with the base and the rotation bracket; the plurality of blades are annularly distributed on one side of the base and are encircled to form an aperture hole, and the plurality of blades are in a rotatable connection with the base and in a slidable connection with the rotation bracket (Fig. 5). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to substitute a variable aperture as taught by Gong within said camera module in order to obtain a smaller and compact camera assembly. Regarding claim 16, Seo, as modified by Gong teaches the invention as claimed in claim 14 above. Seo further teaches a second magnet (830a) and a second coil (830b), wherein the second magnet is connected to the lens holder, the second coil is connected with the basis, respectively, and the second magnet is disposed opposite to the second coil. Seo, however, does not specifically teach the second magnet is connected to the basis, the second coil is connected with the lens holder, however it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to perform a reversal of parts such that the second magnet is connected to the basis, the second coil is connected with the lens holder as claimed since it has been held by the courts that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Regarding claim 20, Seo teaches an electronic device, comprising a camera module, the camera module comprising: a variable aperture (500); a lens assembly (20); a first actuator (810a); a second actuator device (810b); wherein the variable aperture is connected with the lens assembly and is located on a light entrance side of the lens assembly, the first actuator (810a) is connected with a side of the lens assembly away from the variable aperture, and the second actuator (810b) is connected with a side of the first actuator away from the lens assembly (Fig. 2); Seo does not specifically teach the variable aperture, comprising: a roller; a rotation bracket; a plurality of blades; and a base; wherein the base is annular and is sleeved outside the rotation bracket; the roller is located between the base and the rotation bracket and is in a rollable connection with the base and the rotation bracket; the plurality of blades are annularly distributed on one side of the base and are encircled to form an aperture hole, and the plurality of blades are in a rotatable connection with the base and in a slidable connection with the rotation bracket. Gong teaches a variable aperture, comprising: a roller (90); a rotation bracket (30); a plurality of blades (70); and a base (22); wherein the base is annular and is sleeved outside the rotation bracket; the roller is located between the base and the rotation bracket and is in a rollable connection with the base and the rotation bracket; the plurality of blades are annularly distributed on one side of the base and are encircled to form an aperture hole, and the plurality of blades are in a rotatable connection with the base and in a slidable connection with the rotation bracket (Fig. 5). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to substitute a variable aperture as taught by Gong within said camera module in order to obtain a smaller and compact camera assembly. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. in view of Gong, and further in view Jang et al. (US Pub. No. 2024/0040256). Regarding claim 15, Seo, as modified by Gong, teaches all the claimed limitations except for wherein the first actuator further includes a first elastic piece and a second elastic piece, wherein the lens holder is located between the first elastic piece and the second elastic piece, the first elastic piece is connected with the lens holder and the basis, respectively, and the second elastic piece is connected with the lens holder and the basis, respectively. Jang teaches a camera module comprises a first actuator further includes a first elastic piece (32) and a second elastic piece (32), wherein the lens holder (41) is located between the first elastic piece and the second elastic piece, the first elastic piece (32) is connected with the lens holder and the basis, respectively, and the second elastic piece (32) is connected with the lens holder and the basis, respectively (Fig. 5A). It would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first elastic piece and a second elastic piece as taught by Jang within Seo’s camera module in order to help maintain an initial position of the lens holder when no power is applied to the actuator. Allowable Subject Matter Claim 18 is 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 a statement of reasons for the indication of allowable subject matter: Regarding claim 18, applicant has sufficiently defined and claimed a camera module, whereby the prior art does not teach or suggest the second actuator includes at least four shape memory alloy (SMA) wires, the support member has four sides, the SMA wires are respectively located on the four sides of the support member, one end of each of the SMA wires is connected with a corner of the support member, and another end of each of the SMA wires is connected with the bearing member, in combination with all other limitations set forth in the claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH Q PHAN whose telephone number is (571)270-3898. The examiner can normally be reached Mon-Fri 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. MINH Q. PHAN Primary Examiner Art Unit 2852 /MINH Q PHAN/Primary Examiner, Art Unit 2852
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Prosecution Timeline

Jun 07, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
70%
With Interview (-5.2%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 827 resolved cases by this examiner. Grant probability derived from career allow rate.

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