CTNF 18/790,501 CTNF 97493 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-37 AIA The drawings were received on 07/31/2024 . These drawings are acceptable . Double Patenting 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 08-27-aia Claim 1 is directed to the same invention as that of claim 1 of commonly assigned 18/400,670. Under 35 U.S.C. 101, more than one patent may not be issued on the same invention. The USPTO may not institute a derivation proceeding in the absence of a timely filed petition. The U.S. Patent and Trademark Office normally will not institute a derivation proceeding between applications or a patent and an application having common ownership (see 37 CFR 42.411). The applicant should amend or cancel claims such that the reference and the instant application no longer contain claims directed to the same invention. 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 08-32 Claim 1 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of co-pending Application No. 18/400,670 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. Instant Application Co-pending Application 18/400,670 An optical element driving mechanism , comprising : a movable assembly used for connecting an optical element ; a fixed portion , wherein the movable assembly is movable relative to the fixed portion; and a driving assembly used for driving the movable assembly to move relative to the fixed portion . An optical member driving mechanism, comprising : a movable portion , configured to connect an optical member ; a fixed portion , wherein the movable portion is movable relative to the fixed portion; and a driving assembly , configured to drive the movable portion to move relative to the fixed portion . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim s 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu et al. US PGPub 2024/0151932 A1 (hereinafter, “Hu”) . 07-15-02-aia The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. Regarding independent claim 1 , Hu discloses an optical element driving mechanism, comprising: a movable assembly used for connecting an optical element ( Fig. 1A, optical element driving mechanism 1000 has movable portion 1200, pars. [0058-59] ); a fixed portion, wherein the movable assembly is movable relative to the fixed portion ( Fig. 1A, driving assembly 1300 may be used for driving the movable portion 1200 and the optical element 1800 to move together relative to the fixed portion 1100, par. [0059] ); and a driving assembly used for driving the movable assembly to move relative to the fixed portion ( Fig. 1A, driving assembly 1300, par. [0059] ). Regarding dependent claim 2 , Hu discloses the optical element driving mechanism as claimed in claim 1, wherein: the movable assembly ( i.e., movable portion 1200 ) comprises a first movable portion and a second movable portion ( Figs. 6A and 6B, movable portion 1200 includes main body 1210, par. [0087], and movable portion top surface 1201, par. [0093], and either of these elements can be labeled as first or second movable portions of the movable assembly equivalent disclosed by Hu ), wherein the second movable portion is movably connected to the fixed portion ( i.e., fixed portion 1100 ) and the first movable portion ( movable portion 1200 is moved relative to fixed portion 1100, par. [0059], and main body 1210 and movable portion top surface 1201 are connected, satisfying the limitation ); the fixed portion comprises a case and a bottom ( Fig. 1B, fixed portion 1100 may include a case 1110 and a bottom plate 1140, par. [0061] ), and the movable assembly is disposed between the case and the bottom ( Fig. 1B shows movable portion 1200 is disposed between case 1110 and bottom plate 1140, par. [0061] ); the case and the bottom are arranged along a main axis ( Fig. 1B, case 1110 and a bottom plate 1140 are arranged along main axis 1900, par. [0061] ); the main axis extends in a direction parallel to a first axis ( Fig. 1B, main axis 1900 is parallel to a first axis ). Regarding dependent claim 3 , Hu discloses the optical element driving mechanism as claimed in claim 2, further comprising a connecting assembly disposed between the bottom ( i.e., bottom plate 1140 ) and the second movable portion ( either of main body 1210, par. [0087], and movable portion top surface 1201, par. [0093], can be labeled as first or second movable portions of the movable assembly equivalent disclosed by Hu ) used for connecting the bottom and the second movable portion ( Fig. 1B, first resilient element 1400 and second resilient element 1500, par. [0059], are disposed on opposite sides of movable portion 1200 and first resilient element 1400 may be elastically connected to the fixed portion 1100, e.g., base 1130, and to the movable portion 1200, par. [0063] ); wherein the connecting assembly comprises: a first connecting element disposed on the second movable portion ( Fig. 7A, first resilient element 1400 may include a first resilient unit 1401, and first resilient unit 1401 may include a first movable portion connecting portion 1411, par. [0096], and first movable portion connecting portion 1411 may be disposed on movable portion 1200, par. [0097] ); a second connecting element disposed on the second movable portion ( Fig. 7A, second resilient unit 1402 may include a second movable portion connecting portion 1412, par. [0096], and second movable portion connecting portion 1412 may be disposed on movable portion 1200, par. [0097] ); a third connecting element disposed on the second movable portion ( Fig. 7A, third resilient unit 1403 may include a third movable portion connecting portion 1413, par. [0096], and third movable portion connecting portion 1413 may be disposed on movable portion 1200, par. [0097] ); and a fourth connecting element disposed in an accommodating space between the second movable portion and the bottom ( i.e., bottom plate 1140 ) ( Fig. 9A, second resilient element 1500 may include a first base connecting portion 1510, par. [0108], and Fig. 1B shows second resilient element 1500 disposed between bottom plate 1140 and movable portion 1200 ). 07-15 AIA Claim s 1-3 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Shikama et al. US PGPub 2023/0403468 A1 (hereinafter, “Shikama”) . Regarding independent claim 1 , Shikama discloses an optical element driving mechanism, comprising: a movable assembly used for connecting an optical element ( Figs. 1-2, movable component 120 is accommodated in housing 110 and lens 131 is in fixed component 130 also accommodated in housing 110, par. [0059] ); a fixed portion, wherein the movable assembly is movable relative to the fixed portion ( Figs. 1-2, housing 110 includes fixed component 130, par. [0059], and first driving component 150 can drive the movable component 120 to move relative to the fixed component 130, par. [0062] ); and a driving assembly used for driving the movable assembly to move relative to the fixed portion ( Figs. 1-2, first driving component 150, par. [0059] ). Regarding dependent claim 2 , Shikama discloses the optical element driving mechanism as claimed in claim 1, wherein: the movable assembly ( i.e., movable component 120, par. [0059] ) comprises a first movable portion ( Figs. 1-2, moving frame 121, par. [0059] ) and a second movable portion ( Fig. 4, moving frame 121 comprises a moving piece 125, par. [0093] ), wherein the second movable portion is movably connected to the fixed portion and the first movable portion ( Fig. 4, movable component 120 with movable frame 121 and moving piece 125 is accommodated in housing 110, par. [0059] ); the fixed portion ( i.e., housing 110 ) comprises a case and a bottom ( Fig. 2, upper housing 111 is equivalent to a case, and lower housing 112 is equivalent to a bottom, par. [0078] ), and the movable assembly ( i.e., movable component 120 ) is disposed between the case and the bottom ( moving piece 125 is disposed between upper housing 111 and lower housing 112 of housing 110, par. [0093] ); the case and the bottom are arranged along a main axis ( Fig. 2 shows upper housing 111 and lower housing 112 arranged along an axis ); the main axis extends in a direction parallel to a first axis ( Fig. 2 shows the axis along which the elements are disposed is parallel to a first axis ). Regarding dependent claim 3 , Shikama discloses the optical element driving mechanism as claimed in claim 2, further comprising a connecting assembly disposed between the bottom and the second movable portion used for connecting the bottom and the second movable portion ( Fig. 2, first connector 140 is disposed between lower housing 112 and moving piece 125, and movably connects movable component 120 with fixed component 130, par. [0059] ); wherein the connecting assembly comprises: a first connecting element disposed on the second movable portion ( Fig. 4 shows first connector 140 is disposed on moving piece 125, par. [0093] ); a second connecting element disposed on the second movable portion ( Fig. 4 shows a second element identical to connector 140 on moving piece 125 ); a third connecting element disposed on the second movable portion ( Fig. 4 shows a third element identical to connector 140 on moving piece 125 ); and a fourth connecting element disposed in an accommodating space between the second movable portion and the bottom ( Figs. 2 and 4, first magnetic yoke 154 is disposed in a space between moving piece 125 and lower housing 112, par. [0094] ) . 07-15 AIA Claim 1 is rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Hatano et al. US PGPub 2021/0278691 A1 (hereinafter, “Hatano”) . Regarding independent claim 1 , Hatano discloses an optical element driving mechanism, comprising: a movable assembly used for connecting an optical element ( Fig. 2, optical unit 1 includes movable body 10 that includes camera module 2, par. [0048] ); a fixed portion, wherein the movable assembly is movable relative to the fixed portion ( Fig. 2, optical unit 1 includes fixed body 11, par. [0048], and movable body 10 is rotatably supported by the fixed body 11 around the first axis R1 and the second axis R2 via the rotational support structure 12 and the gimbal mechanism 13, par. [0049] ); and a driving assembly used for driving the movable assembly to move relative to the fixed portion ( optical unit main body 3 includes a shake corrective-magnet drive structure 20 for rotating the movable body 10 around the first axis R1 and around the second axis R2, par. [0050] ) . 07-15-03-aia AIA Claim s 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hsu et al. US PGPub 2021/0223504 A1 (hereinafter, “Hsu”) . 07-15-02-aia The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. Regarding independent claim 1 , Hsu discloses an optical element driving mechanism, comprising: a movable assembly used for connecting an optical element ( Fig. 21, optical system 3-1000 holds first optical element 3-1, par. [0275] and optical system 3-1000 includes first movable part 3-M1, par. [0279] ); a fixed portion, wherein the movable assembly is movable relative to the fixed portion ( Fig. 21, first movable part 3-M1 is movable relative to the immovable part 3-I, par. [0279] ); and a driving assembly used for driving the movable assembly to move relative to the fixed portion ( Fig. 21, first movable part 3-M1 is movable relative to the immovable part 3-I via the supporting assembly 3-H and the first drive mechanism 3-D1, par. [0279] ). Regarding dependent claim 2 , Hsu discloses the optical element driving mechanism as claimed in claim 1, wherein: the movable assembly comprises a first movable portion and a second movable portion ( Fig. 21, first movable part 3-M1 includes a holder 3-70 and a frame 3-80, par. [0280] ), wherein the second movable portion is movably connected to the fixed portion and the first movable portion ( Fig. 21, frame 3-80 is connected to immovable part 3-I and holder 3-70, pars. [0279-280] ); the fixed portion comprises a case and a bottom ( Fig. 21, immovable part 3-I includes a case 3-10 and a base 3-100, par. [0280] ), and the movable assembly is disposed between the case and the bottom ( Fig. 21, case 3-10, holder 3-70, frame 3-80, and base 3-100 are sequentially arranged along the primary axis 3-P, par. [0280] ); the case and the bottom are arranged along a main axis ( Fig. 21, case 3-10 and base 3-100 are sequentially arranged along the primary axis 3-P, par. [0280] ); the main axis extends in a direction parallel to a first axis ( Fig. 21, primary axis 3-P is parallel to a first axis, par. [0277] ). Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hu as applied to claim 3 above, in view of Miller US PGPub 2016/0154250 A1 (hereinafter, “Miller”) . Regarding dependent claim 4 , Hu discloses the optical element driving mechanism as claimed in claim 3, wherein: the first connecting element, the second connecting element, and the third connecting element are located on a first virtual plane ( Fig. 7A, first resilient unit 1401, second resilient unit 1402, and third resilient unit 1403 define a plane, as any three points that are not collinear will define a plane ); the fourth connecting element is not located on the first virtual plane ( Fig. 9A, second resilient element 1500 may include a first base connecting portion 1510, par. [0108], and first base connecting portion 1510 is not on the same plane as resilient units 1401, 1402, and 1403 ); a normal vector of the first virtual plane is parallel to the first axis ( Fig. 7A, the plane defined by resilient units 1401, 1402, and 1403 has a normal vector parallel to the first axis that is parallel to main axis 1900 ); materials of the first connecting element, the second connecting element, the third connecting element, and the fourth connecting element comprise ceramic ( ); the fourth connecting element has a first height in the first axis ( Fig. 9A, first base connecting portion 1510 is three-dimensional, therefore must have a first height in the direction of the first axis ); the accommodating space has a second height in the first axis ( first base connecting portion 1510 is accommodated in the space between bottom plate 1140 and movable portion 1200, which therefore has a second height in the first axis ); the first height is less than the second height ( first base connecting portion 1510 is accommodated in the space between bottom plate 1140 and movable portion 1200, therefore the first height must be less than the second height for the portion 1510 to fit in the space between plate 1140 and portion 1200 ). Hu does not specify materials of the first connecting element, the second connecting element, the third connecting element, and the fourth connecting element comprise ceramic ( Hu does not disclose the use of ceramics in the optical element driving mechanism 1000 ). In the same field of invention, Miller discloses a suspension assembly for a camera lens element ( refer to at least title and abstract ), where bearings 200, shown in at least Fig. 11, include spacer portion 202 and surface region or portion 204, where Miller teaches spacer portion 202 can be made of ceramic ( par. [0045] ). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Miller to the disclosure of Hu and made resilient units 1401, 1402, and 1403 and first base connecting portion 1510 of ceramic, because Miller teaches the use of ceramic allows for efficient manufacturing and enable close spacings between elements ( Miller, par. [0042] ). Regarding dependent claim 5 , Hu in view of Miller (hereinafter, “modified Hu”) discloses the optical element driving mechanism as claimed in claim 4, and Hu further discloses wherein the second movable portion comprises: a main body ( Hu Fig. 6A movable portion 1200 may mainly include a main body 1210, par. [0087] ); a first strengthen element disposed in the main body ( Hu Fig. 6A, first pressing portion 1221 may extend from main body 1210, pars. [0087-88] ); a second strengthen element disposed in the main body ( Hu Fig. 6A, second pressing portion 1222 may extend from main body 1210, pars. [0087-88] ); and a third strengthen element disposed in the main body ( Hu Fig. 6A, third pressing portion 1223 may extend from main body 1210, pars. [0087-88] ); wherein: the first strengthen element, the second strengthen element, and the third strengthen element are separated from each other ( Fig. 6A depicts pressing portions 1221, 1222, and 1223 as separated from each other ); The prior art combination does not specifically disclose materials of the first strengthen element, the second strengthen element, and the third strengthen element comprises metal ( both Hu and Miller teach the use of metals in the devices disclosed but do not specify the strengthen elements, or the equivalents, are made of metal ), and the prior art combination does not disclose the first strengthen element, the second strengthen element, and the third strengthen element are magnetic permeable ( Hu teaches the inclusion of magnetic permeable materials for the elements of the device disclosed, e.g., guiding rods may be magnetic permeable materials, par. [0065], but does not specify the strengthen element equivalents are made of magnetic permeable materials, and Miller is silent as to any magnetic properties of the elements disclosed therein ). However, because Hu teaches the use of magnetic permeable materials in the optical element driving mechanism 1000, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the pressing portions disclosed by Hu to be made of metal, and to be magnetic permeable, because it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art, Sinclair & Carroll Co. v.Interchemical Corp ., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. In this case, Hu teaches the use of magnetic permeable metals for the elements of optical element driving mechanism 1000, and making other elements of the same mechanism of the same materials already used is obvious. Regarding dependent claim 6 , modified Hu discloses the optical element driving mechanism as claimed in claim 5, wherein: the first strengthen element is at least partially exposed from the main body ( Hu Fig. 6A, first pressing portion 1221 is shown as at least partially exposed from main body 1210, par. [0088] ); the second strengthen element is at least partially exposed from the main body ( Hu Fig. 6A, second pressing portion 1222 is shown as at least partially exposed from main body 1210, par. [0088] ); the third strengthen element is at least partially exposed from the main body ( Hu Fig. 6A, third pressing portion 1223 is shown as at least partially exposed from main body 1210, par. [0088] ); the first strengthen element comprises a first surface facing away from the driving assembly ( Hu Figs. 1B and 6A, first pressing portion 1221 has a surface that faces away from driving assembly 1300 ); the second strengthen element comprises a second surface facing away from the driving assembly ( Hu Figs. 1B and 6A, second pressing portion 1222 has a surface that faces away from driving assembly 1300 ); the third strengthen element comprises a third surface facing away from the driving assembly ( Hu Figs. 1B and 6A, third pressing portion 1223 has a surface that faces away from driving assembly 1300 ); the first surface, the second surface, and the third surface face different directions ( first, second, and third pressing portions 1221, 1222, and 1223 have surfaces that face different directions as shown in at least Figs. 1B and 6A of Hu ); a normal vector of the second surface is parallel to the first axis ( Figs. 1B and 6A, pressing portion 1222 has a surface that is parallel to the first axis that is parallel to main axis 1900 ). Regarding dependent claim 7 , modified Hu discloses the optical element driving mechanism as claimed in claim 6, and Hu further discloses wherein: the connecting assembly further comprises a first connecting portion, a second connecting portion, and a third connecting portion ( Hu Fig. 7A, the first resilient element 1400 may include a fourth resilient unit 1404, a fifth resilient unit 1405, and a sixth resilient unit 1406, par. [0094] ); the first connecting element is disposed between the first connecting portion and the second movable portion ( Hu Fig. 2A , first resilient unit 1401 is disposed between fourth resilient unit 1404 and movable portion 1200 which includes main body 1210, par. [0087], and movable portion top surface 1201, par. [0093], and as noted above, either of these elements can be labeled as first or second movable portions of the movable assembly equivalent disclosed by Hu ); the second connecting element is disposed between the second connecting portion and the second movable portion ( Hu Fig. 2A, second resilient unit 1402 is disposed between fifth resilient unit 1405 and movable portion 1200 ); the third connecting element is disposed between the third connecting portion and the second movable portion ( Hu Fig. 2A, third resilient unit 1403 is disposed between sixth resilient unit 1406 and movable portion 1200 ); the fourth connecting element is in direct contact with the bottom and the second movable portion ( Hu Fig. 10A, first base connecting portion 1510 is in direct contact with base 1130, and second resilient element 1500 may be disposed on the fixed portion 1100 base 1130, and the movable portion 1200 may be in contact with second resilient element 1500 to control the position of the movable portion 1200, par. [0063] ). Regarding dependent claim 8 , modified Hu discloses the optical element driving mechanism as claimed in claim 7, wherein: the connecting assembly further comprises a fourth strengthen element ( Hu Fig. 6A, fourth pressing portion 1224, par. [0087] ); the fourth strengthen element passes through the first connecting portion ( i.e., fourth resilient unit 1404 ), the second connecting portion ( i.e., fifth resilient unit 1405 ), and the third connecting portion ( i.e., sixth resilient unit 1406 ) ( Hu Figs. 1B and 1C, fourth pressing portion 1224 is depicted as passing through the first resilient element 1400 ); the fourth strengthen element is at least partially exposed from the first connecting portion, the second connecting portion, and the third connecting portion ( Hu Figs. 1B and 1C, fourth pressing portion 1224 is at least partially exposed from the resilient units 1404, 1405, and 1406 ). The prior art combination of Hu in view of Miller does not disclose material of the fourth strengthen element comprises non-magnetic permeable metal ( Hu discloses the inclusion of non-magnetic permeable metal in the optical element driving mechanism 1000, par. [0081], but does not specify the fourth pressing portion 1224 is composed of non-magnetic permeable metal, and Miller is silent as to any magnetic properties of the elements disclosed therein ). However, because Hu teaches the use of non-magnetic permeable materials in the optical element driving mechanism 1000 in par. [0081] for the reinforcement element 1730, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the pressing portions disclosed by Hu to be made of non-magnetic permeable metal, because it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art, Sinclair & Carroll Co. v. Interchemical Corp ., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07. In this case, Hu teaches the use of non-magnetic permeable metals for at least one element of optical element driving mechanism 1000, and making other elements of the same mechanism of the same materials already used is obvious . 07-21-aia AIA Claim s 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shikama as applied to claim 3 above, in view of Hatano . Regarding dependent claim 4 , Shikama discloses the optical element driving mechanism as claimed in claim 3, wherein: the first connecting element, the second connecting element, and the third connecting element are located on a first virtual plane ( Figs. 2 and 4, the three connectors 140 define a plane ); the fourth connecting element is not located on the first virtual plane ( Figs. 2 and 4, first magnetic yoke 154 is disposed on a different plane from the connectors 140 ); a normal vector of the first virtual plane is parallel to the first axis ( Figs. 2 and 4, the plane defined by the three connectors 140 has a normal vector parallel to the main axis, which is parallel to the first axis ); the fourth connecting element has a first height in the first axis ( Figs. 2 and 4, magnetic yoke 154 has a first height in the first axis ); the accommodating space has a second height in the first axis ( Figs. 2 and 4, the accommodating space in which magnetic yoke 154 is disposed has a second height in the first axis ); the first height is less than the second height ( Figs. 2 and 4, the height of the magnetic yoke 154 must be less than the height of the accommodating space for the yoke 154 to fit within the accommodating space ). Shikama does not disclose materials of the first connecting element, the second connecting element, the third connecting element, and the fourth connecting element comprise ceramic because Shikama is silent as to the composition and materials of the image pickup apparatus disclosed therein. In the same field of invention, Hatano discloses an optical unit with shake-correction function, shown in at least Fig. 1, with rotational support structure 12 ( Figs. 9, 13, and 14, par. [0073] ) that includes a plurality of spherical objects 67 which are inserted into annular grooves 45 and 65 and Hatano teaches each of the spherical objects 67 is made of metal or a ceramic material ( par. [0077] ). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Hatano to the disclosure of Shikama and made connectors 140 of ceramic, because Hatano teaches spherical objects, such as connectors 140 disclosed in Shikama, can be made of ceramics ( Hatano, par. [0077] ). Furthermore, it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp ., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). Refer to MPEP §2144.07. In this case, ceramics are a known family of materials with known properties, and ceramics can be formed into a variety of shapes, including spheres, therefore it would be within the skill of a person of ordinary skill to select ceramic spheres as connectors for the imaging apparatus of Shikama. Regarding dependent claim 5 , Shikama in view of Hatano (hereinafter, “modified Shikama”) discloses the optical element driving mechanism as claimed in claim 4, and Shikama further discloses wherein the second movable portion ( i.e., moving piece 125 ) comprises: a main body ( Shikama Fig. 4, moving piece 125 has a main body that is rectangular and first support plate 141 is fixed on moving piece 125, par. [0095], therefore moving piece 125 must have a main body on which plate 141 can be fixed ); a first strengthen element disposed in the main body ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a first strengthen element, and is disposed in moving piece 125, par. [0095] ); a second strengthen element disposed in the main body ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a second strengthen element, and is disposed in moving piece 125, par. [0095] ); and a third strengthen element disposed in the main body ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a third strengthen element, and is disposed in moving piece 125, par. [0095] ); wherein: the first strengthen element, the second strengthen element, and the third strengthen element are separated from each other ( Shikama Fig. 2 illustrates support plate 141 has three parts that are separated from each other ). Shikama does not disclose materials of the first strengthen element, the second strengthen element, and the third strengthen element comprise metal because Shikama is silent as to the composition and materials of the image pickup apparatus disclosed therein, and as such Shikama does not disclose the first strengthen element, the second strengthen element, and the third strengthen element are magnetic permeable. Hatano discloses an optical unit with shake-correction function ( Fig. 1 ), with rotational support structure 12 ( Figs. 9, 13, and 14, par. [0073] ) comprising second rail member 74 and plate roller main body portion 73 made of metal ( par. [0076] ). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Hatano to the disclosure of Shikama and made strengthen elements, such as support plate 141 of Shikama, of metal, because Hatano teaches support structures can be made of metal ( Hatano, par. [0076] ). Furthermore, it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp ., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). Refer to MPEP §2144.07. In this case, metals are a known family of materials with known properties, and metals can be formed into a variety of shapes, including plates , and a person of ordinary skill would be able to select metal plates as strengthen elements for the imaging apparatus of Shikama. Regarding dependent claim 6 , modified Shikama discloses the optical element driving mechanism as claimed in claim 5, and Shikama further discloses wherein: the first strengthen element is at least partially exposed from the main body ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a first strengthen element, and is partially exposed from moving piece 125, par. [0095] ); the second strengthen element is at least partially exposed from the main body ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a second strengthen element, and is partially exposed from moving piece 125, par. [0095] ); the third strengthen element is at least partially exposed from the main body ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a third strengthen element, and is partially exposed from moving piece 125, par. [0095] ); the first strengthen element comprises a first surface facing away from the driving assembly ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a first strengthen element, and has a surface facing away from the first driving component 150, par. [0059] ); the second strengthen element comprises a second surface facing away from the driving assembly ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a second strengthen element, and has a surface facing away from the first driving component 150, par. [0059] ); the third strengthen element comprises a third surface facing away from the driving assembly ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a third strengthen element, and has a surface facing away from the first driving component 150, par. [0059] ); the first surface, the second surface, and the third surface face different directions ( Shikama Figs. 2 and 8, support plate 141 has three parts, with a plurality of surfaces, and are distributed across different positions in the image pickup apparatus, therefore surfaces of the support plates 141 face different directions ); a normal vector of the second surface is parallel to the first axis ( Shikama Figs. 2 and 8, support plate 141 has three parts, any one of which can be labeled a second strengthen element, and has a surface facing away from the first driving component 150, par. [0059], and therefore has a surface with a normal vector parallel to the first axis ). Regarding dependent claim 7 , modified Shikama discloses the optical element driving mechanism as claimed in claim 6, and Shikama further discloses wherein: the connecting assembly further comprises a first connecting portion, a second connecting portion, and a third connecting portion ( Fig. 2, second support plate 142 has three parts, par. [0095] ); the first connecting element ( i.e., one of Shikama connector 140 can be labeled as first connecting element ) is disposed between the first connecting portion ( one of Shikama second support plate 142, par. [0095] ) and the second movable portion ( Shikama Fig. 8, connector 140 is disposed between support plate 142 and moving piece 125 ); the second connecting element is disposed between the second connecting portion and the second movable portion ( Fig. 2, second support plate 142 has three parts, par. [0095], and per Fig. 8 are arranged in the same disposition, therefore Shikama discloses a second of the connectors 140 arranged between a second support plate 142 and moving piece 125 ); the third connecting element is disposed between the third connecting portion and the second movable portion ( Fig. 2, second support plate 142 has three parts, par. [0095], and per Fig. 8 are arranged in the same disposition, therefore Shikama discloses a third of the connectors 140 arranged between a third support plate 142 and moving piece 125 ); the fourth connecting element ( i.e., Shikama first magnetic yoke 154 ) is in direct contact with the bottom and the second movable portion ( Figs. 2 and 4, first magnetic yoke 154 is disposed between moving piece 125 and lower housing 112, par. [0094], and are in contact when assembled ) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9-20 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 9-20, the prior art combinations of Hu in view of Miller and Shikama in view of Hatano fail to teach or suggest all the claimed features as presented in the claims dependent on claim 8 directed to further limitations and details of an optical element driving mechanism, and by the dependence of these claims on an allowable claim, are likewise allowable for the reasons stated above. Regarding dependent claim 9, the cited prior art combination of Hu in view of Miller discloses the optical element driving mechanism as claimed in claim 8, but the prior art combinations do not further disclose wherein: the first connecting portion comprises a first recessed portion; the second connecting portion comprises a second recessed portion; the third connecting portion comprises a third recessed portion; the first connecting element is disposed in the first recessed portion; the second connecting element is disposed in the second recessed portion; the third connecting element is disposed in the third recessed portion, and as such, claim 9 is allowable. Regarding dependent claim 10, because the prior art combinations of Hu in view of Miller and Shikama in view of Hatano do not disclose all the limitations of the optical element driving mechanism as claimed in claim 9, the prior art combinations do not disclose wherein: the second recessed portion and the third recessed portion are arranged in a direction parallel to a third axis when viewed along the first axis; the first recessed portion and the second recessed portion are arranged in a direction parallel to a second axis when viewed along the first axis; the first axis, the second axis, and the third axis extend in different directions, and as such, claim 10 is allowable by its dependence on claim 9. Regarding dependent claim 11, because the prior art combinations do not disclose all the limitations of claim 10, the prior art does not disclose the optical element driving mechanism as claimed in claim 10, wherein: the bottom comprises a fourth recessed portion; the first axis and the second axis are perpendicular; the first axis and the third axis are perpendicular; the second axis and the third axis are perpendicular; the connecting assembly further comprises a fifth connecting element, a sixth connecting element, and a seventh connecting element; the fifth connecting element is disposed between the bottom and the first connecting portion; the sixth connecting element is disposed between the bottom and the second connecting portion; the seventh connecting element is disposed between the bottom and the third connecting portion, and as such, claim 11 is allowable by its dependence on claims 9-10. Regarding dependent claim 12, because the prior art combinations do not disclose all the limitations of claim 11, the prior art does not disclose wherein the optical element driving mechanism as claimed in claim 11, wherein: the first connecting element and the fifth connecting element at least partially overlap each other in the first axis; the second connecting element and the sixth connecting element at least partially overlap each other in the first axis; the third connecting element and the seventh connecting element at least partially overlap each other in the first axis, and as such, claim 12 is allowable by its dependence on claims 9-11. Regarding dependent claim 13, the prior art combinations do not disclose all the limitations of claim 12, therefore do not disclose the optical element driving mechanism as claimed in claim 12, wherein: the fifth connecting element, the sixth connecting element, and the seventh connecting element are located on a second virtual plane; the fourth connecting element is located on the fourth recessed portion; the fourth connecting element is not located on the second virtual plane; the fourth connecting element is between the first virtual plane and the second virtual plane; the first virtual plane and the second virtual plane are parallel, and as such, claim 13 is allowable by its dependence on claims 9-12. Regarding dependent claim 14, the prior art combinations do not disclose all the limitations of claim 13, therefore do not disclose the optical element driving mechanism as claimed in claim 13, wherein: the first connecting portion further comprises a fifth recessed portion; the second connecting portion further comprises a sixth recessed portion; the third connecting portion further comprises a seventh recessed portion; the fifth connecting element is disposed in the fifth recessed portion; the sixth connecting element is disposed in the sixth recessed portion; the seventh connecting element is disposed in the seventh recessed portion, and as such, claim 14 is allowable by its dependence on claims 9-13. Regarding dependent claim 15, the prior art combinations do not disclose all the limitations of claim 14, therefore do not disclose the optical element driving mechanism as claimed in claim 14, wherein: the first recessed portion comprises a first recessed surface; the second recessed portion comprises a second recessed surface; the third recessed portion comprises a third recessed surface; the fourth recessed portion comprises a fourth recessed surface; the fifth recessed portion comprises a fifth recessed surface; the sixth recessed portion comprises a sixth recessed surface; the seventh recessed portion comprises a seventh recessed surface; the first recessed surface and the fifth recessed surface face opposite directions; the second recessed surface and the sixth recessed surface face opposite directions; the third recessed surface and the seventh recessed surface face opposite directions; the first recessed surface, the second recessed surface, the third recessed surface, and the fourth recessed surface face an identical direction, and as such, claim 15 is allowable by its dependence on claims 9-14. Regarding dependent claim 16, the prior art combinations do not disclose all the limitations of claim 15, therefore do not disclose the optical element driving mechanism as claimed in claim 15, wherein: the first recessed surface has a first size in the second axis; the second recessed surface has a second size in the second axis; the third recessed surface has a third size in the second axis; the fourth recessed surface has a fourth size in the second axis; the first size and the second size are different; the first size and the third size are different; the first size and the fourth size are different; the third size and the fourth size are different and as such, claim 16 is allowable by its dependence on claims 9-15. Regarding dependent claim 17, the prior art combinations do not disclose all the limitations of claim 16, therefore do not disclose the optical element driving mechanism as claimed in claim 16, wherein: the first size is less than the third size; the third size is less than the fourth size, and as such, claim 17 is allowable by its dependence on claims 9-16. Regarding dependent claim 18, the prior art combinations do not disclose all the limitations of claim 17, therefore do not disclose the optical element driving mechanism as claimed in claim 17, further comprising a lubricant disposed on the first recessed portion, the second recessed portion, the third recessed portion, the fourth recessed portion, the fifth recessed portion, the sixth recessed portion, and the seventh recessed portion and as such, claim 18 is allowable by its dependence on claims 9-17. Regarding dependent claim 19, the prior art combinations do not disclose all the limitations of claim 18, therefore do not disclose the optical element driving mechanism as claimed in claim 18, wherein: the fourth strengthen element and the first connecting element at least partially overlap each other in the first axis; the fourth strengthen element and the second connecting element at least partially overlap each other in the first axis; the fourth strengthen element and the third connecting element at least partially overlap each other in the first axis; the fourth strengthen element and the fourth connecting element do not overlap each other in the first axis; the fourth strengthen element and the fifth connecting element at least partially overlap each other in the first axis; the fourth strengthen element and the sixth connecting element at least partially overlap each other in the first axis; the fourth strengthen element and the seventh connecting element at least partially overlap each other in the first axis; the fourth strengthen element and the second movable portion at least partially overlap each other in the first axis, and as such, claim 19 is allowable by its dependence on claim 9-18. Regarding dependent claim 20, the prior art combinations do not disclose all the limitations of claim 19, therefore do not disclose the optical element driving mechanism as claimed in claim 19, wherein: the fourth strengthen element comprises a first end and a second end; the first end is disposed on the first connecting portion at least partially exposed from the first connecting portion; the second end is disposed on the third connecting portion at least partially exposed from the third connecting portion; the first end and the second end extend in an identical direction, and as such, claim 20 is allowable by its dependence on claims 9-19 . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM Eastern Time. 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, Ricky L Mack can be reached at (571)272-2333. 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. /JUSTIN W. HUSTOFT/ Examiner, Art Unit 2872 /RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872 Application/Control Number: 18/790,501 Page 2 Art Unit: 2872 Application/Control Number: 18/790,501 Page 3 Art Unit: 2872 Application/Control Number: 18/790,501 Page 4 Art Unit: 2872 Application/Control Number: 18/790,501 Page 5 Art Unit: 2872 Application/Control Number: 18/790,501 Page 6 Art Unit: 2872 Application/Control Number: 18/790,501 Page 7 Art Unit: 2872 Application/Control Number: 18/790,501 Page 8 Art Unit: 2872 Application/Control Number: 18/790,501 Page 9 Art Unit: 2872 Application/Control Number: 18/790,501 Page 10 Art Unit: 2872 Application/Control Number: 18/790,501 Page 11 Art Unit: 2872 Application/Control Number: 18/790,501 Page 12 Art Unit: 2872 Application/Control Number: 18/790,501 Page 13 Art Unit: 2872 Application/Control Number: 18/790,501 Page 14 Art Unit: 2872 Application/Control Number: 18/790,501 Page 15 Art Unit: 2872 Application/Control Number: 18/790,501 Page 16 Art Unit: 2872 Application/Control Number: 18/790,501 Page 17 Art Unit: 2872 Application/Control Number: 18/790,501 Page 18 Art Unit: 2872 Application/Control Number: 18/790,501 Page 19 Art Unit: 2872 Application/Control Number: 18/790,501 Page 20 Art Unit: 2872 Application/Control Number: 18/790,501 Page 21 Art Unit: 2872 Application/Control Number: 18/790,501 Page 22 Art Unit: 2872 Application/Control Number: 18/790,501 Page 23 Art Unit: 2872 Application/Control Number: 18/790,501 Page 24 Art Unit: 2872 Application/Control Number: 18/790,501 Page 25 Art Unit: 2872 Application/Control Number: 18/790,501 Page 26 Art Unit: 2872 Application/Control Number: 18/790,501 Page 27 Art Unit: 2872 Application/Control Number: 18/790,501 Page 28 Art Unit: 2872 Application/Control Number: 18/790,501 Page 29 Art Unit: 2872 Application/Control Number: 18/790,501 Page 30 Art Unit: 2872 Application/Control Number: 18/790,501 Page 31 Art Unit: 2872 Application/Control Number: 18/790,501 Page 32 Art Unit: 2872 Application/Control Number: 18/790,501 Page 33 Art Unit: 2872 Application/Control Number: 18/790,501 Page 34 Art Unit: 2872 Application/Control Number: 18/790,501 Page 35 Art Unit: 2872
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