CTNF 18/884,368 CTNF 92547 DETAILED ACTION 07-06 AIA 15-10-15 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. 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 Objections 07-29-01 AIA Claim 20 is objected to because of the following informalities: “the third circuit” should be “the third circuit element” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 2 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Chao-Chang et al. (US 11,294,172) (hereinafter Chao) . Regarding claim 1, Chao teaches an optical element driving mechanism, for driving an optical element (fig. 1 and 2), comprising, a fixed part (housing 10 and base 20); a movable part (holder 30 and frame 50), wherein the movable part moves relative to the fixed part (10, 20; col. 4, lines 40-50, the movable module MP can move relative to the fixed module FP along the horizontal or perpendicular direction.); and a driving assembly (driving coil 40 and magnetic elements 60), driving the movable part to move (40 and 60 are part of movable module MP; col. 4, lines 40-50). Regarding claim 2, Chao teaches the optical element driving mechanism (fig. 1 and 3A/B) as claimed in claim 1, further comprising a supporting assembly, corresponding to the movable part (30 and 50), wherein the supporting assembly includes, a first middle element (first sensing magnet 62), having a magnetic material, or a metal material, or both (col. 3, lines 35-45, the optical element driving mechanism 1 mainly includes a housing 10, a base 20, a holder 30, a driving coil 40, a frame 50, a plurality of magnetic elements 60, a first sensing magnet 62, an upper leaf spring 70, a lower leaf spring 72, a plurality of suspension wires 74, a circuit board 80, a driving board 90, at least one first sensing element 92, and a second sensing element 94 … col. 4, lines 42-53, the holder 30, the driving coil 40, the frame 50, the magnetic elements 60, the upper leaf spring 70, the lower leaf spring 72 and the suspension wires 74 may constitute a movable module MP. In addition, the housing 10, the base 20, the circuit board 80 and the driving board 90 may constitute a fixed module FP, wherein the movable module MP can move relative to the fixed module FP along the horizontal or perpendicular direction. Note: the upper leaf spring 70 connects the holder 30 and the frame 50 and the lower leaf spring 72 connects the holder 30 and the base 20 and leaf springs 70/72 is supporting assembly); a first supporting element (upper leaf spring 70 is the first supporting element (metal material; moves relative to magnetic element 60)), wherein the first supporting element (70) moves relative to the first middle element (62), and the first supporting element (70) has, a first supporting surface (the flat face of the leaf spring where it contacts the frame/holder mounting boss is the first supporting surface faces the Z-direction therefore, the supporting surface contacting the magnetic assembly middle element), wherein the first supporting surface contacts the first middle element (60), and faces a first direction (D1; col. 4 ,lines 40-50, the upper leaf spring 70 , and thereby the movements of the holder 30 and the frame 50 in the X-axis, Y-axis and Z-axis directions are controlled, As set forth above, the holder 30, the driving coil 40, the frame 50, the magnetic elements 60, the upper leaf spring 70 , the lower leaf spring 72 and the suspension wires 74 may constitute a movable module MP. In addition, the housing 10, the base 20, the circuit board 80 and the driving board 90 may constitute a fixed module FP, wherein the movable module MP can move relative to the fixed module FP; notes: the upper leaf spring 70 connects the holder 30 and the frame 50); and a side surface (surface side of 30 where it is perpendicular to upper leaf spring 70), adjacent to the first supporting surface ( the flat face of the leaf spring where it contacts the frame/holder mounting boss is the first supporting surface faces the Z-direction therefore, the supporting surface contacting the magnetic assembly middle element), wherein the side surface is not parallel to the first supporting surface (col. 3, 8- 30, the upper leaf spring 70 connects the holder 30 and the frame 50 … the magnetic elements 60 have longitudinal structure … Four magnetic elements 60 can be fixed in the four recesses 50A of frame 50) . Double Patenting 08-33 AIA 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. 08-35 Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/400,877 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 from application 18/400,877 teaches all the elements of claim 1 of the current application . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. ASN: 18/884368 (current application) 18/400,877 (reference application) 1. An optical element driving mechanism, for driving an optical element, comprising: a fixed part; a movable part, wherein the movable part moves relative to the fixed part; and a driving assembly, driving the movable part to move. 1. An optical component, comprising: a movable part, connecting an optical element; a fixed part, including a housing, 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. Allowable Subject Matter 07-43 Claims 3-20 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103. Regarding claim 3, the prior art does not disclose the claimed optical element driving mechanism, for driving an optical element specifically including as the distinguishing features in combination with the other limitations the claimed “when viewed along a direction perpendicular to the first supporting surface: one side of the first supporting surface connects the side surface; an open space is on the other side of the first supporting surface; and the first supporting element does not have a surface facing the opposite direction of the side surface.” Regarding claim 4, the prior art does not disclose the claimed optical element driving mechanism, for driving an optical element specifically including as the distinguishing features in combination with the other limitations the claimed “wherein the supporting assembly further includes a first force application element, the first force application element has a magnetic material for generating a first contact force to keep the first supporting element in continuous contact with the first middle element, and the direction of the first contact force is perpendicular to the first supporting surface, wherein a first axis is parallel to the first supporting surface and the side surface.” Specifically, with respect to claim 5, is objected to for the same reason as claim 4. Specifically, with respect to claim 6, is objected to for the same reason as claim 5. Specifically, with respect to claim 7, is objected to for the same reason as claim 5. Specifically, with respect to claim 8, is objected to for the same reason as claim 7. Specifically, with respect to claim 9, is objected to for the same reason as claim 7. Specifically, with respect to claim 10, is objected to for the same reason as claim 9. Specifically, with respect to claim 11, is objected to for the same reason as claim 9. Specifically, with respect to claim 12, is objected to for the same reason as claim 11. Specifically, with respect to claim 13, is objected to for the same reason as claim 12. Specifically, with respect to claim 14, is objected to for the same reason as claim 12. Specifically, with respect to claim 15, is objected to for the same reason as claim 14. Specifically, with respect to claim 16, is objected to for the same reason as claim 15. Specifically, with respect to claim 17, is objected to for the same reason as claim 15. Specifically, with respect to claim 18, is objected to for the same reason as claim 17. Specifically, with respect to claim 19, is objected to for the same reason as claim 17. Specifically, with respect to claim 20, is objected to for the same reason as claim 17. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY DUONG whose telephone number is (571)270-0534. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:00 PM. 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. /HENRY DUONG/Primary Patent Examiner, Art Unit 2872 06/13/26 Application/Control Number: 18/884,368 Page 2 Art Unit: 2872 Application/Control Number: 18/884,368 Page 3 Art Unit: 2872 Application/Control Number: 18/884,368 Page 4 Art Unit: 2872 Application/Control Number: 18/884,368 Page 5 Art Unit: 2872 Application/Control Number: 18/884,368 Page 6 Art Unit: 2872 Application/Control Number: 18/884,368 Page 7 Art Unit: 2872
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