Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 .
Specification
The new title of the invention is descriptive.
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 1-4 and 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent Pub. # 2018/0364450) in view of Goldenberg (US Patent Pub. # 2018/0024329).
As to claim 1, Lee (Figs. 12-14) teaches a camera module comprising:
a first circuit board (printed circuit board 1320) on which an image sensor (image sensor 1310) is disposed (mounted) (Para 67);
a first housing (housing 1010) disposed on the first circuit board (1320) (Para 69);
a lens assembly (lens module 1200) disposed (inserted) in the first housing (1010) (Para 71);
a second circuit board (second side substrate 1072) disposed on a first side portion of the first housing (1010) (Para 177);
a gyro sensor (gyro sensor 1079) disposed on a second side portion (first side substrate 1071) of the first housing (1010) (Para 176);
a prism (reflecting module 1100) disposed in the first housing (1010) (Para 63 and 64); and
an OIS unit (reflection module 1100 and the lens module 1200) disposed between the housing (1010) and the prism (1110) (Para 64 and 74).
an optical image stabilization (OIS) unit (1100 and 1200) disposed between the first housing (1010) and the prism (1100) (Para 63 and 64).
Lee does not teach the OIS unit comprising a variable prism, the variable prism being configured to change a path of light reflected by the prism by tilting a first end or a second end of a flexible plate. Goldenberg teach the OIS unit comprising a variable prism (OPFE 208), the variable prism (208) being configured to change a path of light reflected by the prism (208) by tilting a first end or a second end of a flexible plate (hinge springs 236a-b) (Para 80 and 81). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a hinge springs as taught by Goldenberg to the image processing apparatus of Kingetsu in view of Larkin and further in view of Yost, to provide a control method for a camera control system capable of controlling an image pickup direction of a video camera, a predetermined variation speed on the basis of the varying command inputted by the varying command inputting step, a calculating step of calculating a shutter speed of the video camera the image pickup direction of which is being varied by the varying step, on the basis of the predetermined variation speed, and a shutter speed control step of controlling the shutter speed of the video camera the image pickup direction of which is being varied by the varying step, on the basis of the shutter speed of the video camera calculated by the calculating step (Col. 2, lines 27 – 43 of Goldenberg).
As to claim 2, Lee teaches further comprising a plurality of coils (plurality of coils 1141b, 1143b, 1145b, 1241b, and 1243b) on the first housing (1010), wherein the gyro sensor (1079) overlaps with at least one (1241b) of the plurality of coils (1141b, 1143b, 1145b, 1241b, and 1243b) in a direction perpendicular to an optical axis direction (Para 74) (Para 141-146).
As to claim 3, Lee teaches wherein the gyro sensor (1079) is disposed on first side of the second circuit board (1071) and the at least one (1241b) of the plurality of coils (1141b, 1143b, 1145b, 1241b, and 1243b) is disposed on a second side of the second circuit board opposite to the first side of the second circuit board (1071) (Para 141-146).
As to claim 4, Lee teaches further comprising a third circuit board (1072) disposed on the first side portion (second side substrate) of the first housing (1010) and having a first region in which a first coil (coil 1241b) of a plurality of coils (1141b, 1143b, 1145b, 1241b, and 1243b) configured to drive the lens assembly (1200) is disposed (Para 172).
As to claim 6, Lee teaches wherein the OIS unit (1100 and 1200) further comprises a shaper unit (1100, 1210, and 1220) (Para 64 and 66).
As to claim 7, Lee teaches wherein the prism (1110) is disposed on the OIS unit (1100) (Para 64).
As to claim 8, Lee teaches wherein the OIS unit (1100 and 1200) further comprises an OIS housing (1100), and wherein the camera module further comprises at least one magnet (magnet 1151) on the OIS housing (1100) (Para 76).
As to claim 9, Lee teaches wherein the OIS housing (1100 and 1200) comprises at least one recess (recess in rotating holder 1120 shown in fig. 4) and the at least one magnet (1151) is disposed on the at least one recess (recess in rotating holder 1120 shown in fig. 4) (Para 76).
As to claim 10, Lee teaches wherein the gyro sensor (1079) is configured to overlap with the OIS housing (1100 and 1200) in a direction perpendicular to an optical axis direction (Para 113 and 176).
As to claim 11, Lee (Figs. 12-14) teaches a camera module comprising:
a first circuit board (printed circuit board 1320) on which an image sensor (image sensor 1310) is disposed (mounted) (Para 67);
a first housing (housing 1010) disposed on the first circuit board (1320) (Para 69);
a lens assembly (lens module 1200) disposed (inserted) in the first housing (1010) (Para 71);
a second circuit board (first side substrate 1071) disposed on a first portion of the first housing (1010) (Para 176);
a gyro sensor (gyro sensor 1079) disposed on a second portion (first side substrate 1071) of the first housing (1010) (Para 177);
a prism (reflecting module 1100) disposed in the first housing (1010) (Para 63 and 64); and
an OIS unit (reflection module 1100 and the lens module 1200) disposed between the housing (1010) and the prism (1110) (Para 64 and 74).
wherein the gyro sensor (1079) is configured to overlap with the second circuit board (1071) in a first direction perpendicular to an optical axis (Para 177).
an optical image stabilization (OIS) unit (1100 and 1200) disposed between the first housing (1010) and the prism (1100) (Para 63 and 64).
Lee does not teach the OIS unit comprising a variable prism, the variable prism being configured to change a path of light reflected by the prism by tilting a first end or a second end of a flexible plate. Goldenberg teach the OIS unit comprising a variable prism (OPFE 208), the variable prism (208) being configured to change a path of light reflected by the prism (208) by tilting a first end or a second end of a flexible plate (hinge springs 236a-b) (Para 80 and 81). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a hinge springs as taught by Goldenberg to the image processing apparatus of Kingetsu in view of Larkin and further in view of Yost, to provide a control method for a camera control system capable of controlling an image pickup direction of a video camera, a predetermined variation speed on the basis of the varying command inputted by the varying command inputting step, a calculating step of calculating a shutter speed of the video camera the image pickup direction of which is being varied by the varying step, on the basis of the predetermined variation speed, and a shutter speed control step of controlling the shutter speed of the video camera the image pickup direction of which is being varied by the varying step, on the basis of the shutter speed of the video camera calculated by the calculating step (Col. 2, lines 27 – 43 of Goldenberg).
As to claim 12, Lee teaches further comprising a plurality of coils (plurality of coils 1141b, 1143b, 1145b, 1241b, and 1243b) on the housing (1010), wherein the gyro sensor (1079) overlaps with at least one (1241b) of the plurality of coils (1141b, 1143b, 1145b, 1241b, and 1243b) in a direction perpendicular to an optical axis direction (Para 74) (Para 141-146).
As to claim 13, Lee teaches wherein the gyro sensor (1079) is disposed on first side of the second circuit board (1071) and the at least one (1241b) of the plurality of coils (1141b, 1143b, 1145b, 1241b, and 1243b) is disposed on a second side of the second circuit board opposite to the first side of the second circuit board (1071) (Para 141-146).
As to claim 14, Lee teaches further comprising a third circuit board (1072) disposed on first side portion (second side substrate) of the housing (1010) and having a first region in which a first coil (coil 1241b) of a plurality of coils (1141b, 1143b, 1145b, 1241b, and 1243b) configured to drive the lens assembly (1200) is disposed (Para 173).
As to claim 15, Lee teaches further comprising a shield cover (cover 1030) in which the housing (1010) is disposed, wherein the gyro sensor (1079) is disposed between the shield cover (1030) and the housing (1010) (Para 72).
As to claim 16, Lee teaches wherein the OIS unit (1100 and 1200) further comprises a shaper unit (1100, 1210, and 1220) (Para 64 and 66).
As to claim 17, Lee teaches wherein the prism (1110) is disposed on the OIS unit (1100) (Para 64).
As to claim 18, Lee teaches wherein the OIS unit (1100 and 1200) further comprises an OIS housing (1100), and wherein the camera module further comprises at least one magnet (magnet 1151) on the OIS housing (1100) (Para 76).
As to claim 19, Lee teaches wherein the OIS housing (1100 and 1200) comprises at least one recess (recess in rotating holder 1120 shown in fig. 4) and the at least one magnet (1151) is disposed on the at least one recess (recess in rotating holder 1120 shown in fig. 4) (Para 76).
As to claim 20, Lee teaches wherein the gyro sensor (1079) is configured to overlap with the OIS housing (1100 and 1200) in a direction perpendicular to an optical axis direction (Para 113 and 176).
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 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,069,354. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are either anticipated by, or would have been obvious over, the reference claims.
Application 18/771580
Jang (US Patent # 12,069,354)
21. A camera module, comprising:
a first circuit board on which an image sensor is disposed;
a first housing disposed on the first circuit board;
a lens assembly disposed in the first housing;
a second circuit board on which a gyro sensor is disposed, the second circuit board being disposed on a first side portion of the first housing;
a third circuit board disposed on the first side portion of the first housing, the third circuit board including a first region in which a first coil driving the lens assembly is disposed;
a second housing disposed on the first housing;
a fixed prism disposed in the second housing; and
an optical image stabilization (OIS) unit disposed between the second housing and the fixed prism.
1. A camera module comprising:
a first circuit board on which an image sensor is disposed;
a first housing disposed on the first circuit board;
a lens assembly disposed in the first housing;
a second circuit board on which a gyro sensor is disposed and disposed on a first side portion of the first housing;
a third circuit board disposed on the first side portion of the first housing and having a first region in which a first coil driving the lens assembly is disposed;
a second housing disposed on the first housing;
a fixed prism disposed in the second housing; and
an OIS unit disposed between the second housing and the fixed prism,
wherein the first coil overlaps with the second circuit board in a direction perpendicular to an optical axis direction.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER K PETERSON whose telephone number is (571)270-1704. The examiner can normally be reached Monday-Friday 7AM-4PM.
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/CHRISTOPHER K PETERSON/Primary Examiner, Art Unit 2637 7/31/2026
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