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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statement (PTO-1449) filed 09/05/2024. An initialed copy is attached to this Office Action.
Claim Objections
Claim 15 is objected to because of the following informalities: line 3 recites “the lens driving mechanism” with no prior mention. Appropriate correction is required to prevent antecedent basis issues.
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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (USPG Pub No. 2014/0293462) in view of Sato (USPG Pub No. 2008/0148892), hereinafter “Sato ‘892”.
Regarding claim 1, Sato discloses a lens driving mechanism (see Fig. 1A), comprising: a holding member that holds a lens (L2) and is movable in an optical axis direction (see Fig. 1A, Paragraph 21); a feed screw (13a) extending in the optical axis direction (see Fig. 1A, Paragraph 23); a driving unit (13) that rotates the feed screw (Paragraph 23); a rack (17) that comprises: a meshing portion (30) having a first portion that meshes with the feed screw (13a) (see Fig. 1A, Paragraphs 33-35); an opposing portion (40) having a second portion disposed opposite to the first portion with the feed screw disposed therebetween (see Fig. 1A, Paragraphs 33, 37-39); a mounting portion connected to the holding member (see Fig. 1A, Paragraph 22); a first elastic member (60) biasing the meshing portion against the feed screw with a first force (Paragraph 44); and a second elastic member (50) biasing a first contact portion of the meshing portion and a second contact portion of the opposing portion to press against each other with a second force (Paragraph 43). Sato discloses the claimed invention, but does not specify and a connecting portion having an elasticity and connecting the mounting portion and the opposing portion. In the same field of endeavor, Sato ‘892 discloses and a connecting portion (16e) having an elasticity and connecting the mounting portion (16a) and the opposing portion (16d) (see Fig. 3B, Paragraph 38). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the lens driving mechanism of Sato with and a connecting portion having an elasticity and connecting the mounting portion and the opposing portion of Sato ‘892 for the purpose of providing a lens driving mechanism including a rack that can be easily manufactured (Paragraph 8).
Regarding claim 2, Sato further discloses wherein in a state in which the first contact portion and the second contact portion are in contact with each other, a distance between portions of the first portion and the second portion closest to each other is smaller than an outer diameter of the feed screw (see Fig. 4A, Paragraph 41).
Regarding claim 3, Sato further discloses wherein in a state where the first contact portion and the second contact portion are in contact with each other, there is a play between the second portion and the feed screw (see Fig. 4A, Paragraph 41).
Regarding claim 4, Sato further discloses wherein the first force is less than the second force (Paragraph 46).
Regarding claim 5, Sato discloses in a state where the first contact portion and the second contact portion are in contact with each other by the second elastic member (Paragraphs 43, 45). Sato and Sato ‘892 teach the lens driving mechanism set forth above for claim 1, Sato ‘892 further discloses wherein when a force for elastically deforming the connecting portion required to bring the first contact portion and the second contact portion into contact with each other in a state where the second force is not applied is a third force (Paragraph 38). It would have been obvious to one of ordinary skill to provide the lens driving mechanism of Sato with the teachings of Sato ‘892 for at least the same reasons as those set forth above with respect to claim 1. 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, 105 USPQ 233 (CCPA 1955). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Sato and Sato ‘892 with the first force is smaller than a force obtained by subtracting the third force from the second force for the purpose of providing a compact rack which can prevent a tooth jump against a predetermined impact (Paragraph 6 of Sato).
Regarding claim 6, Sato further discloses wherein one of the meshing portion and the opposing portion has a convex portion (see Fig. 4A), wherein in a state where the first contact portion and the second contact portion are in contact with each other (see Fig. 4A), the other of the meshing portion and the opposing portion has a concave portion that engages with the convex portion, wherein when the first contact portion and the second contact portion are in contact with each other, the convex portion and the concave portion are engaged with each other, thereby suppressing a relative movement of the meshing portion and the opposing portion in the axial direction of the feed screw (see Fig. 4A, Paragraphs 40, 41).
Regarding claim 7, Sato further discloses wherein the first portion has first gear teeth that mesh with the feed screw (Paragraphs 33-35).
Regarding claim 8, Sato further discloses wherein the second portion has second gear teeth that mesh with the feed screw (Paragraphs 33, 37-39).
Regarding claim 9, Sato further discloses wherein the second portion has a surface parallel to the axial direction of the feed screw (see Figs. 3A-4B).
Regarding claim 10, Sato further discloses wherein the first contact portion (at 34) is constituted by three contact surfaces, and includes two contact surfaces disposed apart from each other in an axial direction of the feed screw and one contact surface disposed apart from the two contact surfaces in a direction perpendicular to the axial direction and parallel to the two contact surfaces, wherein the second contact portion (at 44a) includes three contact surfaces that contact the two contact surfaces and the one contact surface included in the first contact portion (see Fig. 4A – due to the shape of the stoppers 34 and 44a, the requirements of the contact surfaces are met). Furthermore, such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art In re Dailey, 149 USPQ 47 (CCPA 1966). It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 11, Sato further discloses wherein the first contact portion (at 34) is constituted by three contact surfaces, and includes two first contact surfaces provided apart from each other in an axial direction of the feed screw, and a second contact surface provided apart from the two first contact surfaces in a direction perpendicular to the axial direction and parallel to the two first contact surfaces and in a direction perpendicular to the two first contact surfaces, and wherein the second contact portion (at 44a) includes two third contact surfaces that contact the two first contact surfaces and a fourth contact surface that contacts the second contact surface (see Fig. 4A – due to the shape of the stoppers 34 and 44a, the requirements of the contact surfaces are met). Furthermore, such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art In re Dailey, 149 USPQ 47 (CCPA 1966). It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 12, Sato further discloses wherein the second elastic member has an arm portion that biases the opposing portion toward the meshing portion between a straight line passing through centers of the two third contact surfaces and a center of the fourth contact surface in a direction perpendicular to the axial direction of the feed screw and parallel to the two third contact surfaces (see Fig. 4A, Paragraphs 43, 47).
Regarding claim 13, Sato and Sato ‘892 teach the lens driving mechanism set forth above for claim 5, Sato ‘892 further discloses wherein the connecting portion connects the mounting portion and the opposing portion so as to surround 25% or more of an outer circumference of the mounting portion about an axial direction of the feed screw (see Fig. 3A, Paragraph 36). It would have been obvious to one of ordinary skill to provide the lens driving mechanism of Sato with the teachings of Sato ‘892 for at least the same reasons as those set forth above with respect to claim 1. Such a modification would have involved a mere change in the shape or size of a component. A change in shape or size is generally recognized as being within the level of ordinary skill in the art In re Dailey, 149 USPQ 47 (CCPA 1966) and In re Rose, 105 USPQ 237 (CCPA 1955). 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, 105 USPQ 233 (CCPA 1955).
Regarding claim 14, Sato discloses a lens apparatus comprising a lens driving mechanism (see Fig. 1A), wherein the lens driving mechanism comprises: a holding member that holds a lens (L2) and is movable in an optical axis direction (see Fig. 1A, Paragraph 21); a feed screw (13a) extending in the optical axis direction (see Fig. 1A, Paragraph 23); a driving unit (13) that rotates the feed screw (Paragraph 23); a rack (17) that comprises: a meshing portion (30) having a first portion that meshes with the feed screw (13a) (see Fig. 1A, Paragraphs 33-35); an opposing portion (40) having a second portion disposed opposite to the first portion with the feed screw disposed therebetween (see Fig. 1A, Paragraphs 33, 37-39); a mounting portion connected to the holding member (see Fig. 1A, Paragraph 22); a first elastic member (60) biasing the meshing portion against the feed screw with a first force (Paragraph 44); and a second elastic member (50) biasing a first contact portion of the meshing portion and a second contact portion of the opposing portion to press against each other with a second force (Paragraph 43). Sato discloses the claimed invention, but does not specify and a connecting portion having an elasticity and connecting the mounting portion and the opposing portion. In the same field of endeavor, Sato ‘892 discloses and a connecting portion (16e) having an elasticity and connecting the mounting portion (16a) and the opposing portion (16d) (see Fig. 3B, Paragraph 38). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the lens apparatus of Sato with and a connecting portion having an elasticity and connecting the mounting portion and the opposing portion of Sato ‘892 for the purpose of providing a lens driving mechanism including a rack that can be easily manufactured (Paragraph 8).
Regarding claim 15, Sato discloses an image pickup apparatus comprising a lens apparatus and an image pickup element receiving an image formed by the lens apparatus (see Fig. 2), wherein the lens driving mechanism comprises (see Fig. 1A): a holding member that holds a lens (L2) and is movable in an optical axis direction (see Fig. 1A, Paragraph 21); a feed screw (13a) extending in the optical axis direction (see Fig. 1A, Paragraph 23); a driving unit (13) that rotates the feed screw (Paragraph 23); a rack (17) that comprises: a meshing portion (30) having a first portion that meshes with the feed screw (13a) (see Fig. 1A, Paragraphs 33-35); an opposing portion (40) having a second portion disposed opposite to the first portion with the feed screw disposed therebetween (see Fig. 1A, Paragraphs 33, 37-39); a mounting portion connected to the holding member (see Fig. 1A, Paragraph 22); a first elastic member (60) biasing the meshing portion against the feed screw with a first force (Paragraph 44); and a second elastic member (50) biasing a first contact portion of the meshing portion and a second contact portion of the opposing portion to press against each other with a second force (Paragraph 43). Sato discloses the claimed invention, but does not specify and a connecting portion having an elasticity and connecting the mounting portion and the opposing portion. In the same field of endeavor, Sato ‘892 discloses and a connecting portion (16e) having an elasticity and connecting the mounting portion (16a) and the opposing portion (16d) (see Fig. 3B, Paragraph 38). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the image pickup apparatus of Sato with and a connecting portion having an elasticity and connecting the mounting portion and the opposing portion of Sato ‘892 for the purpose of providing a lens driving mechanism including a rack that can be easily manufactured (Paragraph 8).
Prior Art Citations
Sasaki (USPG Pub No. 2005/0168847- Fig. 4) is being cited herein to show a lens driving mechanism relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 7/10/2026
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