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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/10/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
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 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 nonstatutory 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 nonstatutory 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/768,719 (reference application) over claim 1 of copending Application No. 18/768,719 in view of Shirasu et al. (US 7287864 B2), hereafter referred to as “Shirasu”.
Although the claims at issue are not identical, they are not patentably distinct from each other because the table below presents a comparison between the claim limitations of the instant application with corresponding claim limitations of the reference U. S. application. The bold-faced type identifies claim limitation language which is common to both the instant application and the reference U. S. application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 18/768,719
Instant Claim
An aperture unit having an optical axis, comprising:
a fixed portion having a positioning recess;
a guiding element movably connected to the fixed portion and accommodated in the first accommodating space, wherein the positioning recess corresponds to the guiding element and is used for limiting a movable range of the guiding element;
a first blade movably connected to the guiding element and the fixed portion; and
a driving assembly used for driving the guiding element to move for moving the first blade.
An aperture unit having an optical axis, comprising:
a fixed portion;
a guiding element movably connected to the fixed portion;
a first blade movably connected to the guiding element and the fixed portion;
a driving assembly used for driving the guiding element to move for moving the first blade;
a circuit assembly electrically connected to the driving assembly; and
a bottom plate disposed on the circuit assembly and comprising metal.
Regarding claim 1, instant application No. 18/768,719 does not claim an aperture unit having an optical axis, comprising:
a circuit assembly electrically connected to the driving assembly; and
a bottom plate disposed on the circuit assembly and comprising metal.
PNG
media_image1.png
694
352
media_image1.png
Greyscale
PNG
media_image2.png
482
684
media_image2.png
Greyscale
However, regarding claim 1, Shirasu teach an aperture unit (Figure 4, element E) having an optical axis, comprising (column 7, lines 38 - 63):
a circuit assembly (motor, Figures 4 and 5, element 700) electrically connected to the driving assembly (motor and transmission member, Figures 4 and 5, elements 700 and 400, respectively); and
a bottom plate (Figures 4 and 5, element 500) disposed on the circuit assembly and comprising metal (column 3, lines 17 -26) (column 4, lines 19 – 22).
It would It would have been obvious to one of ordinary skill in the art at the time the applicant filed for the invention, that an aperture unit having a combination of features as claimed by claim 1 of the instant application, for the instant application can incorporate the features as taught by Shirasu as presented in paragraph 11 above, fore the aperture unit can be manufactured having a small aspect size and having optimum shielding from external electromagnetic interference (EMI) sources.
Allowable Subject Matter
Claims 2 - 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.
Regarding claims 2 - 20, the prior art made of record neither shows nor suggests the claimed limitations.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARREN K FENWICK whose telephone number is (571)270-3040. The examiner can normally be reached 10:30 AM to 7:00 PM, Monday through Friday.
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, Walter L. Lindsay, Jr. can be reached at 571-272-1674. 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.
/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
WKF
Prosecution Insights