DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/068, 608, filed on 07/06/2018.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/27/2024 has been considered by the examiner.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 10,768,437. Although the claims at issue are not identical, they are not patentably distinct from each other because the removal of the limitations “an upper elastic member connecting the bobbin and the housing; a support member electrically connecting the first substrate and the upper elastic member” renders claims 1-20 of the instant application as broadened and obvious variants of claims 1-23 of U.S. Patent No. 10,768,437.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,543,672. Although the claims at issue are not identical, they are not patentably distinct from each other because “an upper elastic member connecting the bobbin and the housing; a support member electrically connecting the first substrate and the upper elastic member” renders claims 1-20 of the instant application as broadened and obvious variants of claims 1-20 of U.S. Patent No. 11,543,672.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,099,210. Although the claims at issue are not identical, they are not patentably distinct from each other because “wherein the pattern coil comprises first and second coil units opposite to each other…the fourth coil unit by a second connection coil unit” renders claims 1-20 of the instant application as broadened and obvious variants of claims 1-20 of U.S. Patent No. 12,099,210.
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.
Claims 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsurata et al. (US 2011/0103782; already of record).
Regarding claim 20, Tsurata discloses, a lens driving device comprising:
a circuit member (154);
a housing (210, 220, 2300) disposed on the circuit member;
a bobbin (2610) disposed in the housing;
a first coil (230x) disposed on the bobbin;
a second coil (30s, t and 230y) formed on the circuit member; and
a magnet (240x, y) disposed on the housing and electromagnetically interacting with the first coil and the second coil (Para. 0132 and 0134).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6 and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsurata et al. (US 2011/0103782; already of record) in view of Park (US 2012/0200176; already of record). Regarding claim 1, Tsurata discloses, a lens driving device (Figs. 1-3(b) and 10-15(b)) comprising:
a circuit member (154);
a housing (210, 220, 2300) disposed on the circuit member;
a bobbin (2610) disposed in the housing;
a first coil (230x) disposed on the bobbin;
a second coil (30s, t and 230y) formed on the circuit member;
a magnet (240x, y) disposed on the housing and electromagnetically interacting with the first coil and the second coil (Para. 0132 and 0134).
Tsurata does not explicitly disclose a conducting member coupled with the circuit member, wherein the conducting member comprises only four conducting parts coupled with the circuit member.
Park teaches, from the same field of endeavor that in a lens driving device that it would have been desirable to make a conducting member coupled with the circuit member (Para. 0101-0102 and 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), wherein the conducting member comprises only four conducting parts coupled with the circuit member (Para. 0101-0102 and 222, 230, 310, 320, 322, 324 of Figs. 1 and 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make a conducting member coupled with the circuit member, wherein the conducting member comprises only four conducting parts coupled with the circuit member as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device with reduced assembly imperfections and enhanced connection characteristic and performance.
Regarding claim 2, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, a base (154), wherein the circuit member is disposed on the base (210, 220).
Park further teaches, from the same field of endeavor that it would have been desirable to make the base comprises a first lateral surface (see area to left to 320), a second lateral surface (see area to right to 320) and a first corner part formed between the first lateral surface and the second lateral surface (see areas where 230, 320 are disposed), wherein the conducting member comprises a first conducting part, and wherein a distance between the first conducting part and the first lateral surface of the base is same as a distance between the first conducting part and the second lateral surface of the base (see Figs. 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device with reduced assembly imperfections and enhanced connection characteristic and performance.
Regarding claim 3, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, the second coil comprises first and second coil units opposite to each other (see 30s, t and 230y).
Park further teaches, from the same field of endeavor that it would have been desirable to make a first connection coil unit connecting the first coil unit and the second coil unit (Para. 0101-0102 and 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), third and fourth coil units opposite to each other, and a second connection coil unit connecting the third coil unit and the fourth coil unit (Para. 0101-0102 and 222, 230, 310, 320, 322, 324 of Figs. 1 and 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 4, Tsurata in view of Park discloses and teaches as set forth above, and Park further teaches, from the same field of endeavor that it would have been desirable to make the four conducting parts of the conducting member comprises a first conducting part electrically connected with the first coil unit (see each one of 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), a second conducting part electrically connected with the third coil unit (see each one of 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), a third conducting part electrically connected with the second coil unit (see each one of 222, 230, 310, 320, 322, 324 of Figs. 1 and 8) and a fourth conducting part electrically connected with the fourth coil unit (see each one of 222, 230, 310, 320, 322, 324 of Figs. 1 and 8).
Regarding claim 5, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, the housing comprises first and second corner areas opposite to each other, third and fourth corner areas opposite to each other (see Figs. 1-3(b) and 10-15(b)).
Park further teaches, from the same field of endeavor that it would have been desirable to make the magnet comprises a first magnet disposed on the first corner area of the housing (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), a second magnet disposed on the second corner area of the housing (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), a third magnet disposed on the third corner area of the housing (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), and a fourth magnet disposed on the fourth corner area of the housing (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), wherein the first coil unit faces the first magnet (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), wherein the second coil unit faces the second magnet (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), wherein the third coil unit faces the third magnet (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), and wherein the fourth coil unit faces the fourth magnet (see 222, 230, 310, 320, 322, 324 of Figs. 1 and 8).
Regarding claim 6, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, the second coil is a pattern coil formed on the circuit member (see 30s, t and 230y).
Regarding claim 8, Tsurata in view of Park discloses and teaches as set forth above, and Park further teaches, from the same field of endeavor that it would have been desirable to make an upper elastic member (See 400 above 100, 200) coupled with the bobbin and the housing; and a lateral support member (Para. 0025 and see 2) electrically connected with the upper elastic member, wherein the upper elastic member comprises a first upper elastic unit and a second upper elastic unit spaced apart from the first upper elastic unit (see 400 above and below 100, 200), and wherein the lateral support member comprises first to fourth lateral support units spaced apart from each other (Para. 0025 and see 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 9, Tsurata in view of Park discloses and teaches as set forth above, and Park further teaches, from the same field of endeavor that it would have been desirable to make the first coil is configured to be supplied with a power through the lateral support member and the upper elastic member (Para. 0025 and see 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 10, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, a base disposed below the housing and a terminal part disposed on the base (Para. 0011 and see 230).
Park further teaches, from the same field of endeavor that it would have been desirable to make the four conducting parts are coupled with the terminal part and the circuit member (Para. 0097 and see 230, 310, 320).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 11, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, a base (210, 220), wherein the circuit member (154) is disposed on the base, wherein the base comprises four corner parts (Figs. 1-3(b)).
Park further teaches, from the same field of endeavor that it would have been desirable to make the four conducting parts are disposed on four positions corresponding to four corner parts of the base, respectively (see 222, 230, 310, 320, 322, 324).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 12, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, a base (210, 220), wherein the circuit member (154) is disposed on the base, wherein the base comprises a first corner part and a second corner part disposed opposite to the first corner part (see Figs. 1-3(b) and 10-15(b)).
Park further teaches, from the same field of endeavor that in a lens driving device that it would have been desirable for the lens driving device when viewed from a top, an imaginary line connecting the first conducting part and the third conducting part passes the first corner part of the base and the second corner part of the base (see 222, 230, 310, 320, 322, 324).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 13, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, a base (210, 220), wherein the circuit member (154) is disposed on the base.
Park further teaches, from the same field of endeavor that in a lens driving device that it would have been desirable to make the four conducting parts are disposed on the base (see 222, 230, 310, 320, 322, 324).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device.
Regarding claim 14, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, two sensors configured to detect both x-axis and y-axis directional movements of the housing (Para. 0137 and 0173).
Regarding claim 15, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, the first upper elastic unit is connected to one end of the first coil, and the second upper elastic unit is connected to the other end of the first coil (Para. 0114-0115 and see 14s, t).
Regarding claim 16, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, a camera module (Figs. 1-3(b) and 10-15(b)) comprising: a printed circuit board (154); an image sensor (155) disposed on the printed circuit board; the lens driving device of claim 1 (see rejection of claim 1 above) disposed above the printed circuit board (see Figs. 1(a)-2); and a lens (5, 121) coupled to the bobbin of the lens driving device.
Regarding claim 17, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, an optical apparatus (Figs. 1-3(b) and 10-15(b)) comprising: a main body (210, 220); the camera module of claim 16 (see rejection of claim 16 above) disposed on the main body; and a display disposed on the main body and outputting an image photographed by the camera module (Para. 0172).
Regarding claim 18, Tsurata discloses, a lens driving device (Figs. 1-3(b) and 10-15(b)) comprising:
a housing (210, 220, 2300);
a bobbin (2610) disposed in the housing;
a first coil (230x) disposed on the bobbin; and
a magnet (240x, y) disposed on the housing and electromagnetically interacting with the first coil (Para. 0132 and 0134);
a second coil (30s, t and 230y) part comprising a second coil facing the magnet.
Tsurata does not disclose a conducting member coupled with the second coil part, wherein the conducting member comprises only four conducting parts coupled with the second coil part.
Park teaches, from the same field of endeavor that in a lens driving device that it would have been desirable to make a conducting member coupled with second coil part (Para. 0101-0102 and 222, 230, 310, 320, 322, 324 of Figs. 1 and 8), wherein the conducting member comprises only four conducting parts coupled with second coil part (Para. 0101-0102 and 222, 230, 310, 320, 322, 324 of Figs. 1 and 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make a conducting member coupled with second coil part, wherein the conducting member comprises only four conducting parts coupled with second coil part as taught by the lens driving device of Park in the lens driving device of Tsurata since Park teaches it is known to include these features in a lens driving device for the purpose of providing a lens driving device with reduced assembly imperfections and enhanced connection characteristic and performance.
Regarding claim 19, Tsurata in view of Park discloses and teaches as set forth above, and Tsurata further discloses, the second coil comprises first and second coil units opposite to each other (230x, y), third and fourth coil units opposite to each other (240x, y), a first connection coil unit connecting the first and second coil units (Para. 0146), and a second connection coil unit connecting the third and fourth connecting coil units (Para. 0146).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tsurata et al. (US 2011/0103782; already of record) in view of Park (US 2012/0200176; already of record) as applied to claim 1 above, and further in view Wu et al. (US 2015/0168668; already of record).
Tsurata in view of Park remains as applied to claim 1 above.
Tsurata in view of Park does not disclose a substrate, wherein the circuit member is connected with the substrate by the only four conducting parts.
Wu teaches, from the same field of endeavor that in a lens driving device that it would have been desirable to make a substrate, wherein the circuit member is connected with the substrate by the only four conducting parts (3 of Figs. 1-7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make a substrate, wherein the circuit member is connected with the substrate by the only four conducting parts as taught by the lens driving device of Wu in the combination Tsurata in view of Park since Wu teaches it is known to include this feature in a lens driving device for the purpose of providing a lens driving device with reduced size and cost.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 08/26/2026
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