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 .
DETAILED ACTION
This is the initial Office Action based on the application filed on August 26, 2024. The current application is a continuation of application17/632434, now US patent 12,096,107 B2. The Examiner acknowledges the following:
3. Claim 1 – 12 were filed.
4. The drawings filed on 08/26/2024are accepted by the Examiner.
5. Current claims 1 - 12 are pending and they are being considered for examination.
Information Disclosure Statement
6. The two IDS document filed on 08/26/2024 is acknowledged.
Priority
7. Priority data is based on PCT application PCT/KR2020/011213 of 08/21/2020 which refers to two previous a Korean patent applications KR-10-2019-0106928 with priority date as 08/29/2019. Certified copies were filed to the office with the parent application 17/632434, on 02/02/2022.
Claim Objections
7.A Claim 5 is objected because some grammar problems. Claim 5 discloses “… the support member, and an other end is…”. I should be “…the support member, and another end is …”
Double Patenting
8. 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 obviousness-type 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 Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
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5. Instant Application and the parent application of this application, application 17/632434 (US 12,096,107 B2) allowed on September 17, 2024) present a Double Patent problem. As for that matter: new claim 1 includes several limitations as claim 1 of the parent patent US 12,096,107 B2 as indicated in Table I (see below), which is now allowed in view of Kim (US 2022/0255414 A1) , Park (US 2016/0274375 A1) and Park (US 2017/0315377 A1).
Regarding Claims 1 and 3 – 5:
The limitations of the instant claims 1 , 3 – 5 were already patented in US 12,096,107 B2. Indeed, claim 1 of patent US 12,096,107 B2 has more limitations that the current claims 1 and 3 – 5 as seen in Table I, wherein the common limitations are indicated by the underlined bold portions.
Claims 1 and 3 – 5 are rejected nonstatutory obvious-type Double Patent as fully encompassed by claim 1 of the patent US 12,096,107 B2.
Regarding Claims 6 – 12:
Those claims were already patented in the parent patent US 12,096,107 B2 as seen in Table I. The corresponding parent claims are:
Parent 4 - child 6
Parent 5 - child 7
Parent 6 - child 8
Parent 4 - child 9
Parent 9 - child 10
Parent 10 - child 11
Parent 11 - child 12
As seen in Table I current claims 6 – 12 were already patented in the parent patent US 12,096,107 B2. They are rejected nonstatutory obvious-type Double Patent as fully encompassed by claim 1 of the patent US 12,096,107 B2.
Regarding Claim 2:
It is rejected under double patent based on its dependence to a rejected claim 1
18/814913 - Non-Statutory Double Patent Table
Table I: Comparison between the application 17/632434 (US 12,096,107 B2 and child application 18/814913
17/632434 – claims allowed on 09/17/2024– US 12,096,107 B2
Child – 18/814913
1. A sensor driving device comprising:
a first substrate comprising a first opening;
an image sensor disposed on the support member;
a support member disposed at a position corresponding to the first opening;
a base disposed on the support member;
a housing disposed on the first substrate;
wherein the image sensor is configured to move in a direction perpendicular to an optical axis direction by an interaction between the first driving part and the second driving part,
wherein the support member comprises first to fourth side surfaces, wherein the first substrate further comprises first to fourth inner side surfaces facing the first to fourth side surfaces, respectively, and
a connector electrically connecting the first substrate and the image sensor and elastically supporting the support member;
a first driving part disposed on the housing; and
a second driving part disposed on the base and facing the first driving part,
wherein one end of the connector is connected to the first side surface, and another end of the connector is connected to the fourth inner side surface.
1. A sensor driving device comprising:
a first substrate comprising an opening;
an image sensor disposed at a position corresponding to the opening;
a support member on which the image sensor is disposed and connected to the first substrate;
a base comprising a first driving part; and
a housing comprising a second driving part facing the first driving part,
wherein the image sensor is configured to move in a direction perpendicular to an optical axis direction by an interaction between the first driving part and the second driving part.
3. The sensor driving device of claim 1, wherein the support member comprises first to fourth side surfaces, and wherein the first substrate comprises first to fourth inner side surfaces facing the first to fourth side surfaces, respectively.
4. The sensor driving device of claim 3, further comprising a connector electrically connecting the first substrate and the image sensor and elastically supporting the support member.
5. The sensor driving device of claim 4, wherein one end of the connector is connected to the first side surface of the support member, and an other end is connected to the fourth inner side surface of the first substrate.
4. The sensor driving device of claim 1, wherein the connector comprises a plurality of connectors spaced apart from each other.
5. The sensor driving device of claim 4, wherein the plurality of connectors comprises a first connector connected to the first side surface and the fourth inner side surface, a second connector connected to the second side surface and the first inner side surface, a third connector connected to the third side surface and the second inner side surface, and a fourth connector connected to the fourth side surface and the first inner side surface.
6. The sensor driving device of claim 4, wherein the connector comprises a plurality of connectors spaced apart from each other.
7. The sensor driving device of claim 6, wherein the plurality of connectors comprises a first connector connected to the first side surface and the fourth inner side surface, a second connector connected to the second side surface and the first inner side surface, a third connector connected to the third side surface and the second inner side surface, and a fourth connector connected to the fourth side surface and the first inner side surface.
6. The sensor driving device of claim 5, wherein the first connector is overlapped with the second connector in a first direction, and is not overlapped with the third and fourth connectors in the first direction.
8. The sensor driving device of claim 7, wherein the first connector is overlapped with the second connector in a first direction, and is not overlapped with the third and fourth connectors in the first direction.
4. The sensor driving device of claim 1, wherein the connector comprises a plurality of connectors spaced apart from each other.
9. The sensor driving device of claim 7, wherein the first connector comprises a plurality of first connectors spaced apart from each other.
9. The sensor driving device of claim 1, further comprising a guide member disposed between an upper surface of the base and an inner side surface of the housing.
10. The sensor driving device of claim 1, further comprising a guide member disposed between an upper surface of the base and an inner side surface of the housing.
10. The sensor driving device of claim 9, wherein the guide member comprises a guide ball.
11. The sensor driving device of claim 10, wherein the guide member comprises a guide ball.
11. The sensor driving device of claim 10, wherein a groove is formed on at least one of an upper surface of the base and an inner side surface of the housing, and wherein at least a portion of the guide member is disposed in the groove.
12. The sensor driving device of claim 11, wherein a groove is formed on at least one of an upper surface of the base and an inner side surface of the housing, and wherein at least a portion of the guide member is disposed in the groove.
In conclusion, current claims 1 – 12 rejected under non-statutory-type double patenting as being unpatentable over claims 1 - 11 of patent US 12,096,107 B2, which were already patented before with patent US 12,096,107 B2.
Claim Rejections - 35 USC § 102
9. 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 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.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Sang OK Park et al., US 2016/0274375 A1, hereinafter Park’75”.
Regarding Claim 1:
In regards to claim 1, Park’75 teaches an optical device comprising a camera with a lens driving apparatus. As for claim 1 limitations, Park’75 teaches,
A sensor driving device (Fig 1, Fig 2, camera module with a lens driving apparatus and a PCB 250 for the sensor driving device. See [0053 – 0058]) comprising: a first substrate comprising an opening Fig 16, first holder 600 includes a hollow formed at the bottom. See [0269]); an image sensor disposed at a position corresponding to the opening (Fig 16, image sensor 810 mounted on a second holder 800. See [0267]); a support member on which the image sensor is disposed and connected to the first substrate (Fig 16, first holder 600 has a hollow portion to pass the light through the filter 610 that can be incident over the image sensor 810. See [0267; a base (Fig 2, base 210 disposed with the first holder 600. See [0269; 0270]) comprising a first driving part (Fig 2, magnet 130 fixed to the housing 140. See [0092;0110; 0113]); and a housing (Fig 1, Fig 2, housing 140. See [0053; 0055) comprising a second driving part facing the first driving part (Fig 2, second coil 230 is disposed/mounted over the base 210, so that it is facing the magnet 130. See [0053; 00236; 0257 – 0259]); wherein the image sensor is configured to move in a direction perpendicular to an optical axis direction by an interaction between the first driving part and the second driving part (The upper elastic member 150 and the lower elastic member 160, elastically support bobbin 110 and it is electrically connected to PCB 250 and a support member 220 to each other. The support members 220 may support the housing 140 so as to be movable relative to the base 210 in the direction perpendicular to the optic axis, and may electrically at least one of the upper and lower elastic members 150 and 160 to the circuit board 250. Fig 10 shows the view of the base and the second coil, a second position sensor and the PCB (See [0153]). Fig 11 shows a detailed perspective (See [0134 – 0136]) view of the upper elastic member 150 and the lower elastic member 160 (See [0132 – 01335]) .
Regarding Claim 10:
The rejection of claim 1 is incorporated herein. As for claim 10, Park’75 teaches in Fig 4. The guiding portion 110a that may serve to guide an installation position of the upper elastic member 150. See [0066]).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
1. E. Seo et al., US 12,0969,107 B2 – it includes the same assignee and inventor(s). It is the parent patent of this application. It teaches the same subject matter as the current application and it has a double patent problem with this application. (See the Double Patent rejection above for more details).
Contact
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARLY S.B. CAMARGO whose telephone number is (571)270-3729. The examiner can normally be reached on M-F 8:00-5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARLY S CAMARGO/ Primary Examiner, Art Unit 2638