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 .
This action is in response to the Application filed on 09/25/2024
This application is a CON of 17/789,677 now a PAT 12,132,989 B2
The application has a Domestic Priority date of 08/19/2021
Claims 2 and 15 are independent
Claims 2-21 are pending
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/16/2025, 02/28/2025, 06/26/2025 and 02/24/2026 are in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98(a)(4). Accordingly, the information disclosure statement is being 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 claims at issue 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); 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 reference 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent Number 12,132,989 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
1. Application: An assembly, comprising: a housing that defines a housing aperture, the housing including a first portion of an electromagnetic assembly;
1. Patent 12,132,989 B2: A sensor-stabilization assembly, comprising: a housing that includes a first portion of first electromagnetic assembly
a frame structure that is movably mounted to the housing, the frame structure including a second portion of the electromagnetic assembly that is adapted to electromagnetically interact with the first portion of the electromagnetic assembly
1. Patent 12,132,989 B2: a first frame that is movably mounted to an underside of the housing; a second frame that is movably mounted to an underside of the first frame; the second frame includes a second portion of the first electromagnetic assembly
when the electromagnetic assembly is energized, to cause the frame structure to move relative to the housing; and
1. Patent 12,132,989 B2: when the first electromagnetic assembly is energized to cause both of the first frame and the second frame to move relative to the housing in a first direction;
a sensor coupled to the frame structure, the sensor being configured to move with the frame structure and capture light passing through the housing aperture.
1. Patent 12,132,989 B2: the sensor coupled to the second frame, the senor being configured to move with the second frame and capture light passing though the housing aperture.
3. Application: wherein: the housing aperture has a diameter in a first plane; and movement of the frame structure is in a second plane parallel to the first plane
1. Patent 12,132,989 B2: the first frame defining a first frame aperture; the second frame to move relative to the housing along the first direction;
4. Application: wherein: the frame structure defines a frame aperture; and the sensor is positioned in the assembly to capture light passing through the housing aperture and the frame aperture.
1. Patent 12,132,989 B2: the first frame defining a first frame aperture; the senor being configured to move with the second frame and capture light passing though the housing aperture.
5. Application: wherein the frame structure is movably mounted to an underside of the housing and the frame structure includes at least one guide that permits relative motion between the frame structure and the underside of the housing.
1. Patent 12,132,989 B2: a first frame that is movably mounted to an underside of the housing that has multiple first guides that permit relative motion between the first frame and the housing; a second frame that is movably mounted to an underside of the first frame and that has multiple second guides that permit relative motion between the second frame and the first frame
6. Application: wherein: the underside of the housing defines at least one trough; and
2. Patent 12,132,989 B2: wherein: the underside of the housing defines multiple first troughs; and
each guide of the at least one guide comprises a protrusion extending from a top side of the frame structure into a corresponding trough of the at least one trough that is defined by the underside of the housing.
2. Patent 12,132,989 B2: each of the multiple first guides comprises a first protrusion extending from a top side of the first frame into a corresponding first trough of the multiple first troughs defined by the underside of the housing
7. Application: wherein each trough of the at least one trough defines a wedge shape, and a shape of the protrusion of each guide of the at least one guide conforms with the wedge shape defined by the corresponding trough.
3. Patent 12,132,989 B2: wherein the multiple first troughs each define a first wedge shape, and a shape of the first protrusion of each of the multiple first guides conforms with the first wedge shape defined by the corresponding first trough.
8. Application: wherein: an outer perimeter of the frame structure forms a rectangle; the at least one guide comprises four guides; and each of the four guides is positioned at a respective corner of four corners of the rectangle
8. Patent 12,132,989 B2: wherein: an outer perimeter of the first frame structure forms a first rectangle in a plane defined by the first direction and the second direction; and each of the first four guides is positioned at a respective corner of four corners of the first rectangle.
9. Application: wherein each guide of the at least one guide includes a rolling-element bearing.
15. Patent 12,132,989 B2: wherein each of the multiple first guides and each of the multiple second guides includes a rolling-element bearing
10. Application: wherein: the first portion of the electromagnetic assembly comprises a magnet; and the second portion of the electromagnetic assembly comprises a coil.
12. Patent 12,132,989 B2: wherein the first portion of the first electromagnetic assembly and the first portion of the second electromagnetic assembly each comprise a magnet; and
The second portion of the first electromagnetic assembly and the second potion of the second electromagnetic assembly each comprise a coil.
11. Application: wherein: movement of the frame structure relative to the housing is in a plane; and the housing supports an autofocus carrier that is movable relative to the housing along a direction that is orthogonal to the plane.
1. Patent 12,132,989 B2: both the first and the second frame move relative to the housing along the first direction.
16. Patent 12,132,989 B2: wherein the housing supports an autofocus carrier that moves up and down.
12. Application: wherein the autofocus carrier supports an optical lens.
9. Patent 12,132,989 B2:
While Claims in Patent 12,132,989 B2 claims an autofocus carrier, but do not claim wherein the autofocus carrier supports an optical lens, Official Notice is taken that it is well known in the art to include optical lens in an autofocus carrier. Therefore it would be obvious to include optical lens as claims so as to provide focusing capability.
13. Application: wherein: the sensor is connected to a circuit board with a flexible conductor to receive electrical signals from the circuit board over the flexible conductor; and the circuit board is movable relative to the sensor and non-movable relative to the housing
18. Patent 12,132,989 B2: wherein the sensor is connected to a fixed circuit board with a flexible conductor, and the fixed circuit board is fixed with respect to the housing.
14. Application: wherein the sensor comprises an image sensor.
19. Patent 12,132,989 B2: wherein the sensor comprises an image sensor
Claim 15-21 are similarly rejected on the ground of nonstatutory double patenting as being unpatentable over 1-20 of U.S. Patent Number 12,132,989 B2.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-5, 8-17 and 19-21 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Hu et al. (U. S. Patent Publication Number 2017/0289457 A1).
Regarding Claim 2, Hu discloses an assembly (Figs 1,2 – camera module 100), comprising:
a housing (Fig 2 – housing H; casing of the electronic device) that defines a housing aperture (In ¶0045 and in Figs 1, 2 Hu discloses a circular hole so that the image sensor IM can successfully receive light from outside), the housing including a first portion of an electromagnetic assembly (Hu discloses an electromagnetic device for auto-focusing and OIS);
a frame structure (Fig 1- circuit board F and plate 10) that is movably mounted to the housing (In ¶0044, Hu discloses that the circuit board F and the plate 10 are affixed to the frame 20 which is housed in the housing H), the frame structure including a second portion of the electromagnetic assembly that is adapted to electromagnetically interact with the first portion of the electromagnetic assembly when the electromagnetic assembly is energized, to cause the frame structure to move relative to the housing (In ¶0041-¶0042 Hu discloses the driving coils C1 and C2 and the four magnetic element M which interact with each other to cause a magnetic force to move the image sensor IM relative to the lens and the housing); and
a sensor coupled to the frame structure (In Fig 1 and in ¶0041, Hu discloses that the plate 10 is configured to sustain the image sensor IM), the sensor being configured to move with the frame structure (Hu in ¶0041 discloses that the image sensor IM is movable relative to the lens unit U2) and capture light passing through the housing aperture (Hu in ¶0041 also discloses that the image sensor IM is configure to receive light from the outside of the camera module 100 and through the optical Lense so that it is able to acquire an image).
Regarding Claim 3, Hu discloses wherein: the housing aperture (In ¶0045 and in Figs 1, 2 Hu discloses a circular hole so that the image sensor IM can successfully receive light from outside) has a diameter in a first plane (Since Hu’s disclosure of the hole in Figs 1 and 2 is circular, it is clear that it has a diameter and it can be seen that the it is in a plane along the XY plane); and movement of the frame structure is in a second plane parallel to the first plane (In ¶0046, Hu discloses that the image sensor is moved linearly relative to the frame 20 and the holder 30 in a direction perpendicular to the optical axis O – which essentially discloses that they move in a direction parallel to the XY plane).
Regarding Claim 4, Hu discloses wherein: the frame structure (Fig 1- circuit board F and plate 10) defines a frame aperture (Figs 1, 2 discloses the aperture); and the sensor is positioned in the assembly to capture light passing through the housing aperture and the frame aperture (Hu in ¶0041 also discloses that the image sensor IM is configure to receive light from the outside of the camera module 100 and through the optical Lense so that it is able to acquire an image).
Regarding Claim 5, Hu discloses wherein the frame structure (Fig 1- circuit board F and plate 10) is movably mounted to an underside of the housing and the frame structure includes at least one guide that permits relative motion between the frame structure and the underside of the housing (In ¶0042, Hu discloses that the plate 10 is configured to sustain the image sensor IM and is disposed in the receiving space 301 of the holder 30 – which is in the underside of the housing H. Further in the same paragraph he discloses that the image sensor IM is movable relative to the lens and frame).
Regarding Claim 8, Hu discloses wherein: an outer perimeter of the frame structure forms a rectangle (See Fig 8 and the rollers B that guide the plate to move); the at least one guide includes four guides (Fig 8 discloses the 4 rollers in the four corner); and each of the four guides is positioned at a respective corner of four corners of the rectangle (Fig 8 discloses the 4 rollers in the four corner; See ¶0051).
Regarding Claim 9, this claim wherein each guide of the at least one guide includes a rolling-element bearing (In ¶0051 and Figs 8-9, Hu discloses the rollers B that guide the driving coil C7 to force the image sensor IM to move – also see ¶0053; In ¶0053 of the instant application publication Applicant clarifies that the bearings 112 can include ball bearings. Therefore, Examiner’s interpretation of Hu’s disclosure of the rollers B to read on the limitations of claim 9 are reasonable.)
Regarding Claim 10, Hu discloses wherein: the first portion of the electromagnetic assembly comprises a magnet (Hu discloses the four magnetic elements M – such as magnets which are placed on the four different sides and face the driving coils C1 and C2); and the second portion of the electromagnetic assembly comprises a coil (Hu discloses the first driving coil C1 and the second driving coil C2).
Regarding Claim 11, Hu discloses wherein: movement of the frame structure relative to the housing is in a plane; and the housing supports an autofocus carrier that is movable relative to the housing along a direction that is orthogonal to the plane (In ¶0048, Hu discloses that appropriate driving force is applied to the driving assembly to drive the plate 10 and image sensor IM to move linearly along the optical axis O, can be tilted relative to the optical axis, or rotate around the optical axis to achieve better optical image compensation).
Regarding Claim 12, Hu discloses wherein the autofocus carrier supports an optical lens (Hu discloses the lens unit U2 and in ¶0041 discloses that the camera module has an auto-focusing function.).
Regarding Claim 13, Hu discloses wherein: the sensor (In ¶0042, Hu discloses that the plate 10 is configured to sustain the image sensor IM) is connected to a circuit board (Fig 7-13 and in ¶0050 and throughout Hu discloses about the circuit board F1, F2 and FP) with a flexible conductor to receive electrical signals from the circuit board over the flexible conductor; and the circuit board is movable relative to the sensor and non-movable relative to the housing (Hu discloses in ¶0057 that the circuit board FP is affixed to the casing of the electronic device. Therefore it is seen that the circuit board is movable relative to the image sensor, but non movable relative to the housing).
Regarding Claim 14, Hu discloses wherein the sensor comprises an image sensor (In ¶0042, Hu discloses that the plate 10 is configured to sustain the image sensor IM).
Regarding Claim 15, this claim has limitations parallel to Claim 2. Since Hu discloses guide that permit relative motion (In ¶0051 and Figs 8-9, Hu discloses the rollers B that guide the driving coil C7 to force the image sensor IM to move – also see ¶0053) Hu discloses all the limitations of Claim 15. Claim 15 is therefore rejected on the same grounds as Claim 2.
Regarding Claim 16, this claim has limitations parallel to claim 3. Claim 16 is therefore rejected on the same grounds as Claim 3.
Regarding Claim 17, this claim has limitations parallel to claim 4. Claim 17 is therefore rejected on the same grounds as Claim 4.
Regarding Claim 19, this claim has limitations parallel to claim 8. Claim 19 is therefore rejected on the same grounds as Claim 8.
Regarding Claim 20, Hu discloses wherein each guide includes a rolling-element bearing (In ¶0053, Hu discloses that each roller B is received in corresponding recesses RI and RII which is configured to guide the roller B for rolling. This has been interpreted as rolling-element bearing).
Regarding Claim 21, Hu discloses wherein: the housing (Fig 2 – housing H; casing of the electronic device) is nonmoving relative to the electronic device (Hu discloses in ¶0057 that the circuit board FP is affixed to the casing of the electronic device. Therefore it is seen that the circuit board is movable relative to the image sensor, but non movable relative to the housing), and
movement of the frame structure relative to the housing counteracts movement of the electronic device (In ¶0041-¶0042 Hu discloses the driving coils C1 and C2 and the four magnetic element M which interact with each other to cause a magnetic force to move the image sensor IM relative to the lens and the housing. Since Hu discloses providing optical image stabilization – OIS – functionality, it is clear Hu discloses that the movement counteracts the movement of the device).
Allowable Subject Matter
Claims 6 and 18 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.
Claim 7 is objected as it depends on Claim 6.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PADMA HALIYUR whose telephone number is (571)272-3287. The examiner can normally be reached Monday-Friday 7AM - 4PM.
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, Twyler Haskins can be reached at 571-272-7406. 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.
/PADMA HALIYUR/Primary Examiner, Art Unit 2639 March 26, 2026
Prosecution Insights