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 .
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ichikawa et al (US 2007/0097527 A1).
In regard to claim 1, Ichikawa et al discloses an optical element driving mechanism (page 3, section [0059], Figure 6, “10”), comprising: a movable assembly used for connecting an optical element (page 5, section [0106], Figure 6, re: movable unit “49” includes lens holder “50”); a fixed portion (page 3, section [0059], Figure 6, “12, 13”), wherein the movable assembly is movable relative to the fixed portion (page 11, sections [0202]-[0203]) and comprises a case (Figure 6, “12”) and a bottom (Figure 6, “13”); a driving assembly (page 11, sections [0200]-[0202], Figure 6, re: linear actuator “68” including driving magnet “48,” driving coil “51,” and yoke “47”) used for driving the movable assembly to move relative to the fixed portion (page 3, section [0064]); and an adhesive element, wherein the case is affixed on the bottom through the adhesive element (page 9, sections [0172]-[0173], Figure 6, “74,” re: adhesive plays a role as fixing means for fixing the first member “12” and second member “13”).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,235,515 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 12,235,515 B2
1. 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
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and comprises a case and a bottom;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element drive mechanism, comprising: a movable part connected to an optical element,
an immovable part;
wherein the movable part is movable relative to the immovable part;
a drive assembly driving the movable part to move relative to the immovable part…;
wherein the immovable part comprises; a case…; a bottom…;
wherein the frame is immovably connected to the case via the first adhesive element, and the first adhesive element is in direct contact with the case, the frame, and the bottom…
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,294,140 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 11,294,140 B2
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
a fixed portion, and comprises a case and a bottom;
wherein the movable assembly is movable relative to the fixed portion
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving module, comprising: a movable portion for holding an optical element that defines an optical axis,
a fixed portion, having a housing and a base;
wherein the movable portion is movable relative to the fixed portion;
a driving assembly, having at least a coil and at least a magnetic element for driving the movable portion to move relative to the fixed portion;
a glue, wherein the housing, the base, and the magnetic element are adhered to each other by the glue; and a first resilient element, connecting the fixed portion to the movable portion, wherein the glue contacts the first resilient element.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1 and 2) of U.S. Patent No. 12,560,776 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 12,560,776 B2
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
wherein the movable assembly is movable relative to the fixed portion
a fixed portion, and comprises a case and a bottom;
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving mechanism, comprising: a movable portion, connected to an optical element, moving relative to the fixed portion;
a fixed portion; wherein the fixed portion comprises a cover and a bottom,
and a driving assembly, driving the movable portion to move along an optical axis in a first direction relative to the fixed portion…
2. The optical element driving mechanism as claimed in claim 1, wherein the cover and the bottom are secured by a first adhesive element…
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,505,944 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 12,505,944 B2
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
a fixed portion, and comprises a case and a bottom;
wherein the movable assembly is movable relative to the fixed portion
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving mechanism, comprising: a movable part, connected to an optical element,
a fixed part, comprising a base, wherein the base corresponds to an optical module; wherein the fixed part further comprises an outer frame,
wherein the movable part is movable relative to the fixed part;
and a driving assembly, driving the movable part to move relative to the fixed part,
wherein the optical element driving mechanism further comprising a connecting element, wherein the base first portion comprises a base first portion connecting wall, and the base second portion comprises a base second portion connecting wall, wherein the connecting element is disposed between the outer frame and the base first portion connecting wall, and between the outer frame and the base second portion connecting wall, and wherein the connecting element is glue.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 11,994,795 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 11,994,795 B2
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
a fixed portion, and comprises a case and a bottom;
wherein the movable assembly is movable relative to the fixed portion
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving mechanism, comprising: a first movable part, including an optical element;
a fixed assembly, wherein the fixed assembly includes an outer frame and a base;
wherein the first movable part is movable relative to the fixed assembly;
a first driving assembly, configured to drive the first movable part to move relative to the fixed assembly;
5. The optical element driving mechanism as claimed in claim 4, wherein a first glue groove is formed between the outer frame and the base, and is configured to accommodate a first adhesive element...
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,140,816 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 12,140,816 B2
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
a fixed portion, and comprises a case and a bottom;
wherein the movable assembly is movable relative to the fixed portion
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element, driving, mechanism, comprising: a movable portion for holding an optical element;
a fixed portion, and the fixed portion comprises: a case…; and a bottom affixed on the case…
wherein the movable portion is movable relative to the fixed portion, ,
a driving assembly used for driving the movable portion to move relative to the fixed portion;
and an adhesive element in direct contact with the bottom, the case…
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,379,570 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the Patent and are therefore anticipated by said Patent.
Current Application
U.S. Patent No. 12,379,570 B2
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
a fixed portion,
and comprises a case and a bottom;
wherein the movable assembly is movable relative to the fixed portion
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving mechanism, comprising: a movable portion used for connecting to an optical element…
a fixed portion…
2. The optical element driving mechanism as claimed in claim 1, wherein the fixed portion further comprises: a case…; a bottom,
wherein the movable portion is movable relative to the fixed portion;
a driving assembly used for driving the movable portion to move relative to the fixed portion...
5. The optical element driving mechanism as claimed in claim 4, wherein… the case is affixed on the bottom by the first adhesive element…
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over respective claim(s) (1, 11, 18, & 19) of copending Application No. 18/400,670 (US 2024/0219677 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the copending Application and are therefore anticipated by said Application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current Application
Copending Application 18/400,670
1. 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 comprises a case and a bottom;
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. 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;
19. wherein the fixed portion comprises a housing,
11. wherein the fixed portion comprises a base
and a driving assembly, configured to drive the movable portion to move relative to the fixed portion.
18. The optical member driving mechanism as claimed in claim 11…
19. the optical member driving mechanism further comprises
an adhesive member, wherein the housing and the base are engaged with each other via the adhesive member…
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over respective claim(s) (1, 2, 3, 7, and 8) of copending Application No. 18/628,159 (US 2024/0337909 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the copending Application and are therefore anticipated by said Application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current Application
Copending Application 18/628,159
1. 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 comprises a case and a bottom;
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving mechanism, comprising:
a movable portion used for connecting an optical element;
a fixed portion,
wherein the movable portion is movable relative to the fixed portion;
7. The optical element driving mechanism as claimed in claim 3, wherein: …the fixed portion comprises a case and a bottom;
and a driving assembly used for driving the movable portion to move relative to the fixed portion.
8. The optical element driving mechanism as claimed in claim 7, wherein: … the second adhesive element is in direct contact with the case, the bottom, and the third leading wire.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over respective claim(s) (1-5) of copending Application No. 18/521,634 (US 2024/0176158 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of claim(s) of the current application are disclosed in the respective claim(s) of the copending Application and are therefore anticipated by said Application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current Application
Copending Application 18/521,634
1. An optical element driving mechanism, comprising:
a movable assembly used for connecting an optical element;
a fixed portion,
and comprises a case and a bottom;
wherein the movable assembly is movable relative to the fixed portion
a driving assembly used for driving the movable assembly to move relative to the fixed portion;
and an adhesive element, wherein the case is affixed on the bottom through the adhesive element.
1. An optical element driving mechanism, comprising: a movable portion, connected to an optical element;
a fixed portion,
4. The optical element driving mechanism as claimed in claim 3, wherein the fixed portion comprises: a bottom,… and a case…
1. wherein the movable portion is movable relative to the fixed portion;
and a driving assembly, driving the movable portion to move relative to the fixed portion.
5. The optical element driving mechanism as claimed in claim 4, wherein: the case is fixedly connected to the bottom via a third adhesive element.
Allowable Subject Matter
Claims 2-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach a combination of all the claimed features as presented in claims 2-20: an optical element driving mechanism as claimed, specifically comprising a buffering assembly disposed between the movable assembly and the fixed portion and being resilient; wherein: a Young’s modulus of the buffering assembly is less than a Young’s modulus of the case and a Young’s modulus of the bottom; the buffering assembly comprises a first buffering element disposed between the movable assembly and the fixed portion; when the movable assembly is located at a first position, the first buffering element only in contact with one of the movable assembly or the fixed portion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C CHOI whose telephone number is (571)272-2324. The examiner can normally be reached Monday- Friday, 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM CHOI/Primary Examiner, Art Unit 2872 May 30, 2026
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