CTNF 18/817,756 CTNF 98020 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. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 1-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph , as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With respect to Claims 1, 13, and 17, the claim is rendered indefinite due to the phrase “causing the driver to supply a first current that is small”. It is not clear what magnitude of current would be considered to be “small” as a small current is not a standard value which is known in the art. For the purpose of examination, the phrase “causing the driver to supply a first current that is small” is interpreted as “causing the driver to supply a first current with magnitude”. Claims 2-12 depend on claim 1, claims 14-16 depend on claim 13, and claims 18-20 depend on claim 17 and therefore inherit the same deficiency. 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 Claims 1-20 are reje cted under 35 U.S.C. 103 as being unpatentable over Fuji sawa (US20170123181A1, of record in the IDS dated 08/28/2024). With respect to Claim 1, Fujisawa discloses a drive device (Fig. 1-- element 1, lens driving apparatus; [0017]), comprising: a fixed portion (Fig. 2-- element 35, contact part; [0024]); a movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) that is provided slidably inside the fixed portion (Fig. 2-- element 35, contact part; [0024]), the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) being configured to hold a lens (Fig. 2-- element 16a, focus lens; [0024]); a drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) configured to cause the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) to slide along an optical axis of the lens (Fig. 2-- element 16a, focus lens; [0024]) with respect to the fixed portion (Fig. 2-- element 35, contact part; [0024]); a driver (Fig. 1-- element 22, driver circuit; [0021]) configured to supply a current ([0021]: element 21 causes the drive current to flow) to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]); and a controller (Fig. 1-- element 21, timing generation circuit; [0020]) configured to control the driver (Fig. 1-- element 22, driver circuit; [0021]), the controller (Fig. 1-- element 21, timing generation circuit; [0020]) comprising a processor (Fig. 1-- element 11, operation section; [0017]) comprising hardware, the processor (Fig. 1-- element 11, operation section; [0017]) being configured to cause the driver (Fig. 1-- element 22, driver circuit; [0021]) to supply a first current (Fig. 3-- pulse at time T0) that is small to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) and cause the driver (Fig. 1-- element 22, driver circuit; [0021]) to repeatedly supply ([0030]: the pulse is repeatedly and periodically applied) a second current (Fig. 3-- pulse at times after T0) on a predetermined cycle ([0009]: with a determined period not allowing overheat), and a direction of movement of the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) by the first current (Fig. 3-- pulse at time T0) or the second current (Fig. 3-- pulse at times after T0) being a same in the predetermined cycle ([0030]: the pulses at all times cause movement in a predetermined direction). However; Fujisawa does not explicitly disclose wherein a second current is larger than the first current. It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the magnitude of the second current in order to be larger than the first current, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955). With respect to Claim 2, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 1, and further discloses wherein the processor (Fig. 1-- element 11, operation section; [0017]) is configured to cause the second current (Fig. 3-- pulse at times after T0) to be supplied after elapse of a predetermined time period since a start of supply of the first current (Fig. 3-- pulse at time T0) ([0030]: the pulse is repeatedly and periodically applied after time T0). With respect to Claim 3, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 1, and further discloses wherein the processor (Fig. 1-- element 11, operation section; [0017]) is configured to cause the first current (Fig. 3-- pulse at time T0) to be supplied again after supply of the second current (Fig. 3-- pulse at times after T0) for a predetermined time period ([0033]: In the present embodiment, the pulse is repeatedly and periodically applied to the coil 32 even after the left magnet 33 attracts and stops the soft iron 31, for example, by the pulse at the time T 0 in FIG. 3). With respect to Claim 4, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 1, and further discloses wherein a supply time period for supply of the first current (Fig. 3-- pulse at time T0) is longer than a supply time period for supply of the second current ([0009]: second drive signal) (Fig. 3—the supply time between T0 and T1 is larger than the time between T1 and T2). With respect to Claim 5, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 1, and further discloses wherein when a focus switching signal (Fig. 1-- elements 13 and 14, near and normal buttons; [0017]) to instruct a focus to be changed has been input, the processor (Fig. 1-- element 11, operation section; [0017]) is configured to cause the driver (Fig. 1-- element 22, driver circuit; [0021]) to supply the first current (Fig. 3-- pulse at time T0) and the second current (Fig. 3-- pulse at times after T0) to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) by changing a direction ([0020]-[0021]: the direction of the current is determined based off the input given from element 13 or 14) of a current supplied by the driver (Fig. 1-- element 22, driver circuit; [0021]) to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]). With respect to Claim 6, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 5, and further discloses wherein when the focus switching signal (Fig. 1-- elements 13 and 14, near and normal buttons; [0017]) has been input, the processor (Fig. 1-- element 11, operation section; [0017]) is configured to change the direction of the current supplied ([0020]-[0021]: the direction of the current is determined based off the input given from element 13 or 14) by the driver (Fig. 1-- element 22, driver circuit; [0021]) to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) in a supply time period for supply of the first current (Fig. 3-- pulse at time T0) by the driver (Fig. 1-- element 22, driver circuit; [0021]). With respect to Claim 7, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 6, and further discloses wherein the processor (Fig. 1-- element 11, operation section; [0017]) causes the driver (Fig. 1-- element 22, driver circuit; [0021]) to supply the current such that the second current (Fig. 3-- pulse at times after T0) is supplied within a predetermined time period ([0033]: the pulse is repeatedly and periodically applied after time T0). With respect to Claim 8, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 6, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be between 100 to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 9, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 8, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be between 300 to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 10, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 9, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 11, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 1, and further discloses wherein the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) comprises a voice coil motor ( [0017]: element 15 is an electromagnetic actuator with a coil and two magnets) including a magnet (Fig. 2-- elements 33 and 34, magnets; [0026]) and a coil (Fig. 2-- element 32, coil; [0023]). With respect to Claim 12, Fujisawa discloses the drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) according to claim 11, and further discloses wherein the magnet (Fig. 2-- elements 33 and 34, magnets; [0026]) includes a first magnet (Fig. 2-- element 33, magnet; [0026]) and a second magnet (Fig. 2-- element 34, magnet; [0026]) that are each provided on a different outer peripheral surface (Fig. 2 and [0023]: elements 34 and 33 come into contact with opposite outer peripheral surfaces of element 31) of the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]). With respect to Claim 13, Fujisawa discloses a second endoscope system (Fig. 1-- element 1, endoscope apparatus; [0017]), comprising: an endoscope (Fig. 1—element 2, endoscope; [0017]) including an optical unit (Fig. 1-- element 16, focus lens unit; [0018]), the endoscope (Fig. 1—element 2, endoscope; [0017]) being configured to be inserted inside a subject to observe an interior of the subject ([0005]: The endoscope picks up an image of an object inside a subject); and a control device (Fig. 1-- element 3, driving unit; [0019]) to which the endoscope (Fig. 1—element 2, endoscope; [0017]) is detachably connected ( [0017]: element 2 is detachably connected to element 3 through the connector portion, element 12), the control device (Fig. 1-- element 3, driving unit; [0019]) being configured to control driving of the optical unit (Fig. 1-- element 16, focus lens unit; [0018]) , the optical unit (Fig. 1-- element 16, focus lens unit; [0018]) comprising: a fixed portion (Fig. 2-- element 35, contact part; [0024]); a movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) that is provided slidably inside the fixed portion (Fig. 2-- element 35, contact part; [0024]), the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) being configured to hold a lens (Fig. 2-- element 16a, focus lens; [0024]); and a drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) configured to cause the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) to slide along an optical axis of the lens (Fig. 2-- element 16a, focus lens; [0024]) with respect to the fixed portion (Fig. 2-- element 35, contact part; [0024]), the control device (Fig. 1-- element 3, driving unit; [0019]) comprises: a driver (Fig. 1-- element 22, driver circuit; [0021]) configured to supply a current ([0021]: element 21 causes the drive current to flow) to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]); and a controller (Fig. 1-- element 21, timing generation circuit; [0020]) configured to control the driver (Fig. 1-- element 22, driver circuit; [0021]), the controller (Fig. 1-- element 21, timing generation circuit; [0020]) comprising a processor (Fig. 1-- element 11, operation section; [0017]) comprising hardware, the processor (Fig. 1-- element 11, operation section; [0017]) being configured to cause the driver (Fig. 1-- element 22, driver circuit; [0021]) to supply a first current (Fig. 3-- pulse at time T0) that is small to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) and cause the driver (Fig. 1-- element 22, driver circuit; [0021]) to repeatedly supply ([0030]: the pulse is repeatedly and periodically applied) a second current (Fig. 3-- pulse at times after T0) on a predetermined cycle ([0009]: with a determined period not allowing overheat), and a direction of movement of the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) by the first current (Fig. 3-- pulse at time T0) or the second current (Fig. 3-- pulse at times after T0) being a same in the predetermined cycle ([0030]: the pulses at all times cause movement in a predetermined direction). However; Fujisawa does not explicitly disclose wherein a second current is larger than the first current. It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the magnitude of the second current in order to be larger than the first current, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955). With respect to Claim 14, Fujisawa discloses the second endoscope system (Fig. 1-- element 1, endoscope apparatus; [0017]) according to claim 13, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be between 100 to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 15, Fujisawa discloses the second endoscope system (Fig. 1-- element 1, endoscope apparatus; [0017]) according to claim 14, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be between 300 to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 16, Fujisawa discloses the second endoscope system (Fig. 1-- element 1, endoscope apparatus; [0017]) according to claim 15, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 17, Fujisawa discloses a drive method executed by a drive device (Fig. 1-- element 1, lens driving apparatus; [0017]) comprising: a fixed portion (Fig. 2-- element 35, contact part; [0024]); a movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) that is provided slidably inside the fixed portion (Fig. 2-- element 35, contact part; [0024]), the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) being configured to hold a lens (Fig. 2-- element 16a, focus lens; [0024]); a drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) configured to cause the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) to slide along an optical axis of the lens (Fig. 2-- element 16a, focus lens; [0024]) with respect to the fixed portion (Fig. 2-- element 35, contact part; [0024]); and a driver (Fig. 1-- element 22, driver circuit; [0021]) configured to supply a current ([0021]: element 21 causes the drive current to flow) to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]), the drive method including: causing the driver (Fig. 1-- element 22, driver circuit; [0021]) to supply a first current (Fig. 3-- pulse at time T0) that is small to the drive portion (Fig. 1-- element 15, electromagnetic actuator; [0017]) and causing the driver (Fig. 1-- element 22, driver circuit; [0021]) to repeatedly supply a second current (Fig. 3-- pulse at times after T0) on a predetermined cycle([0009]: with a determined period not allowing overheat), and a direction of movement of the movable portion (Fig. 2-- element 31, cylindrical soft iron; [0024]) by the first current (Fig. 3-- pulse at time T0) or the second current (Fig. 3-- pulse at times after T0) being a same in the predetermined cycle ([0030]: the pulses at all times cause movement in a predetermined direction). However; Fujisawa does not explicitly disclose wherein a second current is larger than the first current. It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the magnitude of the second current in order to be larger than the first current, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller 220 F.2d 454, 456,105 USPQ 233, 235 (CCPA 1955). With respect to Claim 18, Fujisawa discloses the drive method according to claim 17, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be between 100 to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 19, Fujisawa discloses the drive method according to claim 18, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be between 300 to 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980). With respect to Claim 20, Fujisawa discloses the drive method according to claim 19, and further discloses the predetermined cycle ([0036]: The repetition period of the pulse application is set to a short time, setting the repetition period to a shorter time period suppresses deviation of the endoscope observation field). It would have been obvious to one of ordinary skill in the art before the effective filing date to alter the predetermined cycle to be 500 ms, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Antonie 195 USPQ 6 (CCPA 1977); In re Boesch 205 USPQ 215 (CCPA 1980) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tsai (US 20120257099 A1) discloses aspects of the instant invention, see Fig. 4 and [0016]-[0017]. Ogikubo (US 20090057543 A1) discloses aspects of the instant invention, see Fig. X and [0111]-[0120]. Yanagisawa (US 20200237183 A1) discloses aspects of the instant invention, see Fig. 2 and [0036]-[0066]. Matsui (US 20210113074 A1) discloses aspects of the instant invention, see Fig. 1 and [0027]-[0036]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI BOURQUINE whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 8:30 - 4:30 EST. 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, 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. 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. /MACKENZI BOURQUINE/ Examiner, Art Unit 2872 /WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872 Application/Control Number: 18/817,756 Page 2 Art Unit: 2872 Application/Control Number: 18/817,756 Page 3 Art Unit: 2872 Application/Control Number: 18/817,756 Page 4 Art Unit: 2872 Application/Control Number: 18/817,756 Page 5 Art Unit: 2872 Application/Control Number: 18/817,756 Page 6 Art Unit: 2872 Application/Control Number: 18/817,756 Page 7 Art Unit: 2872 Application/Control Number: 18/817,756 Page 8 Art Unit: 2872 Application/Control Number: 18/817,756 Page 9 Art Unit: 2872 Application/Control Number: 18/817,756 Page 10 Art Unit: 2872 Application/Control Number: 18/817,756 Page 11 Art Unit: 2872 Application/Control Number: 18/817,756 Page 12 Art Unit: 2872 Application/Control Number: 18/817,756 Page 13 Art Unit: 2872 Application/Control Number: 18/817,756 Page 14 Art Unit: 2872
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