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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 5-7 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 5 recites “a filler material disposed to fill at least a portion of the second channel.” The specification makes clear that the filler material is used “to seal a portion through which the gas discharge portion 800 communicates with the outside” (see Applicant’s specification paragraph [0074]). Once the filler seals the channel, there is no longer “a first channel communicating the inner surface with the outer surface” as required by claim 1. Therefore the limitations in claim 5 do not incorporate all of the claim limitations in claim 1, and therefore fail to further limit claim 1.
Claims 6 and 7 depend from claim 5, and at least are rejected for the same reasons.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1-6 and 8-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (U.S. Patent No. 10,484,586 B1; hereafter Chen) in view of Ohara et al. (Pub. No. US 2017/0280558 A1; hereafter Ohara).
Regarding claim 1, Chen discloses a camera module, comprising: a lens barrel (see Chen Fig. 4, item 40); an image sensor, mounted on a substrate, disposed below the lens barrel along an optical axis direction of the lens barrel (see Chen Fig. 4, items 12 and 13. Note: it appears that Chen reverses the numerals 11 and 13 in Fig. 4, referring to numeral 13 as “electronic components” and 11 as a “circuit board” while the lines in Fig. 4 point to the opposite. The circuit board is the substrate on which the image sensor is mounted.); and a sub-housing, disposed between the lens barrel and the substrate (see Chen Fig. 2, items 21 and 22 together can be construed as the sub-housing), comprising a seating portion on which a filter is accommodated (see Chen Figs. 3 and 4, items 2241 and 30), and a frame portion supported by the substrate, wherein the sub-housing is configured to space apart the seating portion from the substrate (see Chen Figs. 2 and 4, items 21 and 22, which space the seating portion 2241 from the substrate 13), wherein the sub-housing comprises an inner surface facing the image sensor and an outer surface facing away from the inner surface, and wherein the frame portion comprises a gas discharge portion comprising a first channel in a first direction (see Chen Figs. 2 and 4, item 2132) and a second channel extending from the first channel to the outer surface along the optical axis direction in a second direction different from the first direction (see Chen Figs. 2 and 4, items 2131 and 223).
Chen does not specifically disclose that the filter is an infrared filter, or that the first channel communicating the inner surface with the outer surface in the first direction.
Ohara discloses that the filter can be an infrared filter (see Ohara Fig. 21, item 403, which is disclosed as “an infrared removing filter 403” in paragraph [0019]), and that the channel communicating the inside and the outside can have numerous shapes, including one where there is a first channel communicating the inside to the outside in a first direction, and a second channel extending from the first channel to the outer surface in a second direction perpendicular to the first direction (see Ohara Fig. 5, items 32f and 32g).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed that the channel of Chen could be modified to have a number of different shapes, including a T-shaped set of channels like that in Ohara, in order to facilitate the venting of air or gas from the inner chamber, as suggested by both Chen and Ohara.
Regarding claim 2, Chen as modified discloses the camera module of claim 1, wherein the frame portion further comprises a connecting portion configured to space apart the seating portion from the substrate and extend from the seating portion, and a support portion disposed between the connecting portion and the substrate and supported by the substrate (see Chen Fig. 4. While Chen does not label the different parts of the frames 21 and 22 in the same way as Applicant, there are lateral portions connecting the step portion 2241, corresponding to the connecting portions, and vertical portions between the substrate and the seating portion, corresponding to the support portion.).
Regarding claim 3, Chen as modified discloses the camera module of claim 2, wherein the first channel penetrates the connecting portion to communicate inner and outer surfaces of the connecting portion (in the modification where the first channel of Chen is extended to communicate the inside and outside directly, like the first channel of Ohara, the portion where the channel is located can be construed as the connecting portion).
Regarding claim 4, Chen as modified discloses the camera module of claim 2, wherein the first channel penetrates the support portion to communicate inner and outer surfaces of the support portion (in the modification where the first channel of Chen is extended to communicate the inside and outside directly, like the first channel of Ohara, the portion where the channel is located can be construed as the support portion).
Regarding claims 5 and 6, Chen as modified discloses the camera module of claim 1, Ohara further discloses that a filler material can be disposed to fill at least a portion of the second channel (see Ohara Fig. 5, item 32); [claim 6] wherein the filler material is disposed to fill a region where the first channel and the second channel overlap each other along the optical axis direction (see Ohara Fig. 5, items 32, 32f, and 32g).
Ohara discloses that “the internal space 28 and the external space 50 are connected to each other by the porous portion 41 which is the second base material portion 32” (see Ohara paragraph [0143]) and that “porous portion (41)… has interconnected air holes, and the internal space (28) is connected to the outside of the camera module (1) through the interconnected air holes” (see Ohara Abstract).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to fill the modified channel of Chen with a filler material like that disclosed in Ohara in order to enable the ventilation of air from the inner chamber, while also preventing the intrusion of foreign material from outside into the inner chamber, as taught by Ohara.
Regarding claim 8, Chen as modified discloses the camera module of claim 1, wherein an adhesive is disposed between the seating portion and the infrared filter (see Chen col. 1, ll. 61-64 “The camera module 100 may further include an ultraviolet (UV) light-curable adhesive (adhesive 200) for fixing the lens 40 and the lens holder 20, and fixing the filter 30 and the lens holder 20).
Regarding claim 9, Chen as modified discloses the camera module of claim 8, and further discloses that the adhesive is disposed to cover a region where the seating portion and the infrared filter overlap.
Chen does not specifically shown where the adhesive is placed, however Ohara discloses overlapping the filter and the seating portion with adhesive (see Ohara Fig. 1, items 23, 24a, and 27).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to apply the adhesive to as to cover a region where the seating portion and the infrared filter overlap in order to seal the region and provide strong bonding between the components.
Regarding claim 10, Chen as modified discloses the camera module of claim 1, wherein the sub-housing comprises a first opening penetrated by the first channel and positioned on the inner surface (see Chen Figs. 2 and 4, item 2132, which is a channel which penetrates the inner surface), and a second opening penetrated by the first channel and positioned on the outer surface (see arguments regarding modification in light of Ohara made with respect to claim 1, where it would have been obvious to extend the channel of Chen to penetrate to both the inner and outer surfaces in order to aid in the venting of the inner portion using a T-shaped channel, which is one of the numerous well-known configurations shown in Ohara.).
Regarding claim 11, Chen as modified discloses the camera module of claim 10, wherein the sub-housing comprises a third opening penetrated by the second channel from the first channel in the optical axis direction and positioned on the outer surface (see Chen Fig. 4, item 223).
Regarding claim 12, Chen as modified discloses the camera module of claim 11, wherein the third opening and the second opening are aligned along a direction perpendicular to the optical axis direction (any two points can be construed as along a line, therefore there exists a direction, perpendicular to the optical axis direction, in which the second and third openings are aligned).
Regarding claim 13, Chen as modified discloses the camera module of claim 11, wherein the third opening and the second opening are disposed offset from a direction perpendicular to the optical axis direction (similarly to the argument made with respect to claim 12, above, there inherently exists some direction, perpendicular to the optical axis, in which the second and third openings are offset).
Regrading claim 14, Chen as modified discloses the camera module of claim 10, but does not specifically disclose that the first opening is positioned lower than the second opening in an optical axis direction of the sub-housing.
Ohara Fig. 20 further discloses that it was well-known to have channels with holes at the same level in the optical axis direction, as in channel 305 on the right side of Fig. 20a, and channels with holes on different levels, as in the bottom right channel 305 of Fig. 20a.
One having ordinary skill in the art at the time the invention was filed would therefore have been able to select where the most desirable location for the holes in the device should be located based on manufacturing considerations, including where the outer hole is higher than the inner hole.
Regarding claim 15, Chen as modified discloses the camera module of claim 1, wherein the first channel extends in a direction perpendicular to the optical axis direction (see Chen Figs. 2 and 4, item 2132).
Regarding claim 16, Chen as modified discloses the camera module of claim 1, wherein the first channel extends in a straight line (see Chen Figs. 2 and 4, item 2132).
Regarding claim 17, Chen as modified discloses the camera module of claim 1, but does not specifically disclose that the first channel has a plurality of bent portions
Ohara Fig. 20 further discloses that it was well-known to have channels that are straight, as in channel 305 on the lower right side of Fig. 20a, and channels that are bent, as in the right channel 305 of Fig. 20a, which is shown as having a zigzag shape in Fig. 20b.
One having ordinary skill in the art at the time the invention was filed would therefore have been able to select where the most desirable configuration for the channels in the device based on manufacturing considerations, including whether the channel is straight or bent.
Regarding claim 18, Chen as modified discloses the camera module of claim 1, wherein the second channel extends in a straight line (see Chen Figs. 2 and 4, item 2131).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Ohara as applied to claim 5 above, and further in view of Hou et al. (Pub. No. US 2012/0039596 A1; hereafter Hou).
Regarding claim 7, as noted above, there is no way to both have the channel be communicating the interior and the exterior spaces while also filling the channel with a sealant, however, in the construction where the channel can later be filled, Hou discloses that it was well known in the art at the time the invention was filed to fill the air vent with an epoxy adhesive in order to prevent contamination (see Hou paragraph [0005] “the air vent is sealed with glue, such as epoxy, to keep dust particles out.”).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to seal the channel with epoxy in order to keep contaminants like dust out.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAM S REISNER whose telephone number is (571)270-7542. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM.
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/NOAM REISNER/ Primary Examiner, Art Unit 2852 3/18/2206