Prosecution Insights
Last updated: September 26, 2026
Application No. 18/778,153

OPTICAL ELEMENT DRIVING MECHANISM

Non-Final OA §102§103§112
Filed
Jul 19, 2024
Priority
Jul 21, 2023 — provisional 63/514,958
Examiner
MERLIN, JESSICA M
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Actuket Corporation
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
731 granted / 1186 resolved
-6.4% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
64 currently pending
Career history
1233
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
64.6%
+24.6% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1186 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 . 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. Election/Restrictions Claims 3, 4, 9, and 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on June 2, 2026. Applicant's election with traverse of Species B in the reply filed on June 2, 2026 is acknowledged. The traversal is on the ground(s) that “it should be no undue burden on the Examiner to consider all claims in a single application.” This is not found persuasive because the claims to the different species recite the mutually exclusive characteristics of such species, such as the configuration of the driving assembly and other device components and would require at least different fields of search. The requirement is still deemed proper and is therefore made FINAL. 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. Claims 6-8 are 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. In regard to claim 6, the limitation “wherein the number of the contact portion for the first supporting portion and the first intermediate element is different from the number of the contact portion for the second supporting portion and the second intermediate element” renders the scope of the claim unclear. Namely, “the number of the contact portion of the first supporting portion and the first intermediate element” and “the number of the contact portion of the second supporting portion and the second intermediate element” lack antecedent basis. Further, it is not clear if applicant is referring to the elements having a different number of contact portions between the supporting portion and intermediate element or different numbers of supporting portions and intermediate elements. For examination purposes, it is presumed that either will satisfy the claim language. Claims 7 and 8 depend from claim 6. Claim Rejections - 35 USC § 102 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. Claims 1, 2, 5, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo et al. (US 2022/0210300 A1). In regard to claim 1, Seo et al. discloses an optical element driving mechanism, comprising (see e.g. Figure 7): a first movable part 1120 (denoted “rotation holder”, see e.g. paragraph [0173], Figure 7), connected to a first optical element 1110 (“denoted “optical path changing member”, see e.g. paragraph [0138], Figure 7); a fixed part 1030, 1010, (denoted “cover”, “housing”, respectively, see e.g. paragraphs [0137]-[0138] and Figure 7) , wherein the first movable part 1120 is movable relative to the fixed part 1030, 1010 (see e.g. paragraph [0187] for movement); and a first driving assembly 1140 (denoted “first driver”, see e.g. paragraph [0145], Figure 7) driving the first movable 1120 part to move (see e.g. paragraph [0188]). In regard to claim 2, Seo et al. discloses the limitations as applied to claim 1 above, and wherein when viewed along a first direction that is perpendicular to an optical axis (i.e. optical direction is z-axis in Figure 7), the fixed part 1030, 1010 has a polygonal structure (see e.g. Figure 7 where both 1030 and 1010 have polygonal structures), and the fixed part comprises (see e.g. Figure 7): a first side (i.e. one of the two sides parallel to the z-axis of 1030, 1010), extending along the optical axis (i.e. optical direction is z-axis in Figure 7); and a second side (i.e. one of the two sides parallel to the z-axis of 1030, 1010, extending along the optical axis (i.e. optical direction is z-axis in Figure 7), wherein when viewed along the first direction, the first side and the second side are located on both sides of the optical axis, respectively (see e.g. Figure 7 and note there are two sides facing each other across the z-axis of 1030, 1010), wherein when a first driving current is input to the first driving assembly 1140, the first driving assembly 1140 generates a first driving force on a first force bearing part (i.e. part of 1120, see e.g. Figure 6 for driving assembly and 1140 integrated with 1120) of the first movable part 1120 (see e.g. paragraphs [0208]-[0210]), and wherein when viewed along the first direction, the first force bearing part (i.e. part of 1120, see e.g. Figure 6 for driving assembly and 1140 integrated with 1120) is located between the first side (i.e. one of the two sides parallel to the z-axis of 1030, 1010) and the optical axis (i.e. optical axis is z-axis in Figures 6-7). In regard to claim 5, Seo et al. discloses the limitations as applied to claim 2 above, and a first supporting assembly (i.e. including at least 1131, 1021, 1132, see e.g. Figures 5-7), supporting the first movable part 1120 (see e.g. Figures 5-7), wherein the first supporting assembly comprises (see e.g. Figures 5-7): a first intermediate element 1131 (denoted “first ball member”, see e.g. paragraph [0175]); and a first supporting portion 1021, 1132 (denoted “guide grooves”, see e.g. paragraph [0176]), corresponding to the first intermediate element 1131, and the first intermediate element 1131 is movable relative to the first supporting portion 1132 (see e.g. Figures 5-7 and note that the ball may roll/rotate); wherein the first supporting portion 1021, 1132 comprises: a first supporting portion first surface 1021, in direct contact with the first intermediate element 1131 (see e.g. Figures 5-7); and a first supporting portion second surface 1132, in direct contact with the first intermediate element (see e.g. Figures 5-7), wherein the first supporting portion second surface 1132 and the first supporting portion first surface 1021 face different directions, wherein when viewed along the first direction (see e.g. Figures 5-7), the first supporting assembly (i.e. including at least 1131, 1021, 1132, see e.g. Figures 5-7) is located between the first side and the optical axis (see e.g. Figures 5-7). In regard to claim 18, Seo et al. discloses the limitations as applied to claim 2 above, and a first supporting assembly (i.e. including at least 1131, 1021, 1132, see e.g. Figures 5-7), supporting the first movable part; a second supporting assembly (i.e. including at least 1131, 1132, see e.g. Figures 5-7),, supporting the first movable part 1120 (see e.g. Figures 5-7); a third supporting assembly (i.e. including at least 1133, 1121, 1134, see e.g. Figures 5-7), supporting the first movable part 1120 (see e.g. Figures 5-7); and a stabilizing assembly 1050 (denoted “damper”, see e.g. paragraph [0183] and Figure 7), stabilizing the first movable part 1120 (see e.g. Figures 5-7), comprising: a first stabilizing element assembly 1050 (denoted “damper”, see e.g. paragraph [0183] and Figure 7), located between the first side and the optical axis (see e.g. Figures 5-7). 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. Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US 2022/0210300 A1). In regard to claim 6, Seo et al. discloses the limitations as applied to claim 1 above, and a second supporting assembly (i.e. including at least 1131, 1132, see e.g. Figures 5-7), supports the first movable part 1120 (see e.g. Figures 5-7), wherein the second supporting assembly comprises: a second intermediate element 1131 (denoted “first ball member, see e.g. paragraph [0175] and Figures 5-7); and a second supporting portion 1132 (denoted “guide grooves”, see e.g. paragraph [0176]), corresponding to the second intermediate element 1131, and the second intermediate element 1131 is movable relative to the second supporting portion 1132 (see e.g. Figures 5-7 and note that the ball may roll/rotate), wherein the second supporting portion 1132 comprising a second supporting portion surface 1132 that is in direct contact with the second intermediate element 1131, wherein the second supporting portion surface 1132 and the first supporting portion first surface 1021 face different directions (see e.g. Figure 5-7), wherein the second supporting portion surface 1132 and the first supporting portion second surface face 1132 different directions (i.e. offset from each other, see e.g. Figures 5-7), wherein when viewed along the first direction, the second supporting assembly (i.e. including at least 1131, 1132, see e.g. Figures 5-7) is located between the second side and the optical axis (i.e. optical axis is z-axis in Figures 6-7). Seo et al. fails to explicitly disclose wherein the number of the contact portion for the first supporting portion and the first intermediate element is different from the number of the contact portion for the second supporting portion and the second intermediate element. However, it would have been an obvious matter of design choice to make wherein the number of the contact portion for the first supporting portion and the first intermediate element is different from the number of the contact portion for the second supporting portion and the second intermediate element, since such a modification would have involved a mere duplication of parts. A duplication of parts is generally recognized as being within the level of ordinary skill in the art (see e.g. MPEP 2144.04). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Seo et al. with wherein the number of the contact portion for the first supporting portion and the first intermediate element is different from the number of the contact portion for the second supporting portion and the second intermediate element. Providing a desired number of support assemblies that allow for ease of rotation of the element while allowing the device to have a smaller footprint would be considered within ordinary skill in the art. In regard to claim 7, Seo et al. discloses the limitations as applied to claim 6 above, and a third supporting assembly (i.e. including at least 1133, 1121, 1134, see e.g. Figures 5-7), supports the first movable part 1120 (see e.g. Figures 5-7), wherein the third supporting assembly comprises (see e.g. Figures 5-7): a third intermediate element 1133 (denoted “second ball member, see e.g. paragraph [0175] and Figures 5-7); and a third supporting portion 1121, 1134 (denoted “guide grooves”, see e.g. paragraph [0176]), corresponding to the third intermediate element 1133, and the third intermediate element 1133 is movable relative to the third supporting portion 1134 (see e.g. Figures 5-7 and note that the ball may roll/rotate), wherein the third supporting portion 1121, 1134 comprises (see e.g. Figures 5-7): a third supporting portion first surface 1121, in direct contact with the third intermediate element 1133 (see e.g. Figures 5-7); and a third supporting portion second surface 1134, in direct contact with the third intermediate element 1133 (see e.g. Figures 5-7), wherein the third supporting portion first surface 1121 and the third supporting portion second surface 1134 face different directions (see e.g. Figures 5-7). In regard to claim 8, Seo et al. discloses the limitations as applied to claim 7 above, and wherein the second supporting portion surface 1134 and the third supporting portion first surface 1121 face different directions (see e.g. Figures 5-7), wherein the third supporting portion first surface 1121 and the first supporting portion first surface face 1021 the same direction (see e.g. Figures 5-7), and wherein when viewed along the first direction, the third supporting assembly (i.e. including at least 1133, 1121, 1134, see e.g. Figures 5-7)is located between the first side and the optical axis (see e.g. Figures 5-7). Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US 2022/0210300 A1) in view of Hu et al. (US 2020/0393642 A1). In regard to claim 10, Seo et al. discloses the limitations as applied to claim 2 above, and wherein the first driving assembly 1140 further comprises (see e.g. Figure 7): a first driving coil 1141b (see e.g. paragraph [0209]); a first driving magnet 1141a (see e.g. paragraph [0209]), having a first driving magnet first surface facing the first driving coil 1141b (see e.g. paragraph [0209); and wherein when viewed along the first direction, the first driving coil 1141b is located on the first side (see e.g. Figures 5-7). Seo et al. fails to disclose a first magnetic isolation element, corresponding to the first driving magnet and having a magnetically conductive material, wherein a first magnetic isolation element first magnetic isolation part of the first magnetic isolation element has a plate-like structure, and wherein when viewed in a direction that is perpendicular to the first driving magnet first surface, the first magnetic isolation element first magnetic isolation part does not overlap with the first driving magnet. However, Hu et al. discloses (see e.g. Figures 65-66): a first magnetic isolation element 6B, corresponding to the first driving magnet 6M and having a magnetically conductive material (see e.g. paragraph [0086]), wherein a first magnetic isolation element first magnetic isolation part 6B1 of the first magnetic isolation 6B element has a plate-like structure (see e.g. paragraph [0250] and Figures 65-66), and wherein when viewed in a direction that is perpendicular to the first driving magnet first surface (i.e. surface of 6-M facing 6-C, see e.g. Figures 65-66), the first magnetic isolation element first magnetic isolation part 6B1 does not overlap with the first driving magnet 6M (see e.g. Figures 65-66). Given the teachings of Hu et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Seo et al. with a first magnetic isolation element, corresponding to the first driving magnet and having a magnetically conductive material, wherein a first magnetic isolation element first magnetic isolation part of the first magnetic isolation element has a plate-like structure, and wherein when viewed in a direction that is perpendicular to the first driving magnet first surface, the first magnetic isolation element first magnetic isolation part does not overlap with the first driving magnet. Providing the magnetic isolation element prevents unwanted magnetic interference (see e.g. paragraph [0253] of Hu et al.). In regard to claim 11, Seo et al. discloses the limitations as applied to claim 10 above, but fails to disclose wherein a first magnetic isolation element second magnetic isolation part of the first magnetic isolation element has a plate-like structure, and the first magnetic isolation element second magnetic isolation part is not parallel to the first magnetic isolation element first magnetic isolation part, wherein when viewed in a direction that is perpendicular to the first driving magnet first surface, the first magnetic isolation element second magnetic isolation part at least partially overlaps the first driving magnet, and wherein the first magnetic isolation element first magnetic isolation part and the first magnetic isolation element second magnetic isolation part are parallel to the first direction. However, Hu et al. discloses (see e.g. Figures 65-66): wherein a first magnetic isolation element second magnetic isolation part 6B2 of the first magnetic isolation element 6B has a plate-like structure (see e.g. Figures 65-66), and the first magnetic isolation element second magnetic isolation part 6B2 is not parallel to the first magnetic isolation element first magnetic isolation part 6B1 (see e.g. Figures 65-66), wherein when viewed in a direction that is perpendicular to the first driving magnet first surface (i.e. surface of 6-M facing 6-C, see e.g. Figures 65-66), the first magnetic isolation element second magnetic isolation part 6B2 at least partially overlaps the first driving magnet 6M (see e.g. Figures 65-66), and wherein the first magnetic isolation element first magnetic isolation part 6B1 and the first magnetic isolation element second magnetic isolation part 6B2 are parallel to the first direction (note that both 6B1 and 6B2 have portions that are parallel to the optical axis). Given the teachings of Hu et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Seo et al. with wherein a first magnetic isolation element second magnetic isolation part of the first magnetic isolation element has a plate-like structure, and the first magnetic isolation element second magnetic isolation part is not parallel to the first magnetic isolation element first magnetic isolation part, wherein when viewed in a direction that is perpendicular to the first driving magnet first surface, the first magnetic isolation element second magnetic isolation part at least partially overlaps the first driving magnet, and wherein the first magnetic isolation element first magnetic isolation part and the first magnetic isolation element second magnetic isolation part are parallel to the first direction. Providing the magnetic isolation element prevents unwanted magnetic interference (see e.g. paragraph [0253] of Hu et al.). Allowable Subject Matter Claims 12-17 and 19 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. The following is a statement of reasons for the indication of allowable subject matter. In regard to claim 12, the closest prior art references fail to disclose “a second movable part, movable relative to the fixed part; and a second driving assembly, driving the second movable part, wherein the first magnetic isolation element first magnetic isolation part is located between the first driving magnet and the second driving assembly, wherein a first driving magnet second surface of the first driving magnet faces the first magnetic isolation element, wherein a first driving magnet third surface of the first driving magnet faces the first magnetic isolation element, and wherein the first magnetic isolation element does not correspond to a first driving magnet fourth surface of the first driving magnet.” In regard to claims 13-15, the closest prior art references fail to disclose “a circuit assembly, connected to an external circuit, and the circuit assembly comprises: a first lead; a second lead; and a first circuit assembly connecting portion; and a second circuit assembly connecting portion, wherein the circuit assembly is arranged on a base of the fixed part, wherein the base comprises: a first groove, corresponding to the first lead of the circuit assembly; a second groove, corresponding to the second lead of the circuit assembly; and a groove spacer, located between the first groove and the second groove, wherein the first lead is connected to the first circuit assembly connecting portion of the circuit assembly through a first connecting element.” In regard to claims 16 and 17, the closest prior references fail to disclose “a reinforcing assembly, made of metal, comprising: a reinforcement body with plate-like structure; a first reinforcing portion with a plate-like structure; a first opening formed between the reinforcing body and the first reinforcing portion, a second reinforcing portion having a plate-like structure; and a second opening formed between the reinforcing body and the second reinforcing portion, wherein the first reinforcing portion is parallel to the reinforcing body, wherein along the thickness direction of the reinforcing body, a center of the reinforcing body and a center of the first reinforcing portion have a distance greater than zero, wherein along the thickness direction of the reinforcing body, a center of the second reinforcing portion and the center of the first reinforcing portion have a distance greater than zero, wherein the second reinforcing portion is not parallel to the reinforcing body, wherein the first reinforcing portion and the second reinforcing portion are not parallel to each other, wherein the first reinforcing portion is at least partially embedded in the base, and wherein the second reinforcing portion is at least partially embedded in the base.” In regard to claim 19, the closest prior art references fail to disclose “wherein the first stabilizing element is disposed in a triangle formed by the first supporting assembly, the second supporting assembly, and the third supporting assembly, and wherein the distance between the first stabilizing element and the second supporting assembly is greater than the distance between the first stabilizing element and the first supporting assembly and the distance between the first stabilizing element and the third supporting assembly.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM. 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, Jennifer Carruth can be reached at (571) 272-9791. 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. /JESSICA M MERLIN/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Jul 19, 2024
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
86%
With Interview (+24.1%)
3y 0m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1186 resolved cases by this examiner. Grant probability derived from career allowance rate.

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