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 .
Claim Rejections - 35 USC § 102
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)(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.
[AltContent: textbox (A)]Claim(s) 1-15 and 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen, et al. (US 2024/0094497).
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Regarding claim 1, Chen discloses “a movable part (Fig. 3, ref.# 173), for connecting an optical element (Fig. 2, ref.# 131); a fixed part (Fig. 3, ref.# 172), wherein the movable part moves relative to the fixed part; and a driving assembly (Fig. 3, ref.# 175), for driving the movable part to move.”
Regarding claim 2, Chen discloses “an aperture assembly, having a plurality of blades (Fig. 3, ref.# 171), wherein the plurality of blades form an opening (Fig. 3, ref.# 170) through which incident light enters the optical element.”
Regarding claim 3, Chen discloses “wherein the fixed part includes: an outer cover (Fig. 10, ref.# B), at least partially covering the aperture assembly and the optical element (See Fig. 10); and a buffering element (Fig. 10, ref.# A), disposed between the outer cover and the aperture assembly (See Fig. 10).”
Regarding claim 4, Chen discloses “a circuit assembly, wherein the circuit assembly includes: a plurality of external elements (Fig. 7, ref.# 19); and a plurality of elastic elements (Fig. 3, ref.# 182), wherein the plurality of external elements are electrically connected to the plurality of elastic elements (See Fig. 3).”
Regarding claim 5, Chen discloses “wherein the plurality of elastic elements (Fig. 3, ref.# 182) are electrically connected to the driving assembly (Fig. 3, ref.# 175).”
Regarding claim 6, Chen discloses “wherein the fixed part further includes: a frame (Fig. 3, ref.# B); a base (Fig. 3, ref.# 172), wherein the frame is fixedly connected to the base (See Fig. 10); and a bottom (Fig. 7, ref.# 11), wherein the base is connected to the bottom via the plurality of elastic elements (Fig. 7, ref.# 18).”
Regarding claim 7, Chen discloses “wherein the plurality of external elements (Fig. 7, ref.# 19) are located on a first side of the bottom (Fig. 7, ref.# 11).”
Regarding claim 8, Chen discloses “wherein the driving assembly includes: a magnetic element, disposed on the movable part; and a coil, disposed on a protruding structure of the base, adjacent to the first side.” (Fig. 3, ref.# 175)
Regarding claim 9, Chen discloses “wherein the protruding structure protrudes towards the first side.” (Fig. 3, structure coil 175 attached and protrudes downward in the figure)
Regarding claim 10, Chen discloses “wherein the movable part includes a stabilizing element, fixedly disposed on the side that is opposite the magnetic element.” (paragraph 0057)
Regarding claim 11, Chen discloses “a guiding assembly, including a plurality of guiding elements, disposed between the movable part and the frame, adjacent to the first side.” (Fig. 3, ref.# 174)
Regarding claim 12, Chen discloses “wherein the movable part (Fig 3, ref.# 173) is connected to the frame (Fig. B) via the plurality of guiding elements (Fig. 3, ref.# 174).”
Regarding claim 13, Chen discloses “wherein the distance between the plurality of guiding elements (Fig. 3, ref.# 174) and an optical axis (Fig. 3: center dotted line) of incident light is greater than the distance between the magnetic element (Fig. 3, ref.# 175) and the optical axis (Fig. 3: center dotted line).”
Regarding claim 14, Chen discloses “wherein the base (Fig. 12, ref.# 172) includes: a first part; and a second part, fixedly connected to the first part (Fig. 12: vertical left section and horizontal right section).”
Regarding claim 15, Chen discloses “wherein the thickness of the second part is greater than the thickness of the first part.” (See Fig. 12)
Regarding claim 17, Chen discloses “wherein the base further includes a plurality of connecting elements (Fig. 3, structure between ref.# 175 and 182), wherein the plurality of elastic elements (Fig. 3, ref.# 182) are electrically connected to the coil (Fig. 3, ref.# 175) via the plurality of connecting elements.”
Regarding claim 18, Chen discloses “wherein the external element further includes a plurality of electrical connection parts (Fig. 7, ref.# 19; Fig. 17, ref.# 281) extending in the direction of the incident light, wherein: the distance between the electrical connection parts and an optical axis of the incident light is greater than the distance between the bottom and the optical axis (See Fig. 17); and when viewed along the direction of the incident light, the electrical connection parts at least partially overlap the bottom (See Fig. 17).”
Regarding claim 19, Chen discloses “wherein the magnetic element (Fig. 3, ref.# 175) includes a first surface and a second surface, the first surface and the second surface are both curved surfaces (See Fig. 3), wherein: the first surface and the second surface face opposite directions; the second surface faces the coil (Fig. 3, ref.# 175: lower structure in figure); and the radius of curvature of the first surface is different from the radius of curvature of the second surface (Fig. 3).”
Regarding claim 20, Chen discloses “wherein the radius of curvature of the first surface is smaller than the radius of curvature of the second surface.” (Fig. 3, ref.# 175: the surfaces are parallel with the inside surface being closer to the optical axis than the outside surface)
Claim Rejections - 35 USC § 103
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.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen, et al. (US 2024/0094497).
Regarding claim 16, Chen discloses all the structure set forth in the claim except “wherein the hardness of the second part is greater than the hardness of the first part.” It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention to select the material, and thus hardness, of the different parts for the base, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use. In re Leshin, 125 USPQ 416.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of the following U.S. Patents: Chen, et al. (US 12,356,071), Peng, et al (US 12,619,066), Chen, et al. (US 12,505,944), Wu, et al. (US 12,326,654), Kao, et al. (US 12,287,528), Wu, et al. (US 12,2878,527), Hu, et al. (US 11,934,027), Hu, et al. (US 11,852,886), Fu, et al. (US 11,686,919), Yu, et al. (US 11,402,603), Hu, et al. (US 11,333,847), Hu, et al. (US 11,880,090), Lin, et al. (US 11,300,803), Hu, et al. (US 11,300,761) and Yang (US 11, 262,527).
Although the claims at issue are not identical, they are not patentably distinct from each other because the current claims are broader and thus fully met by each of the claims in each of the associated patents.
Current Application US. Patent No. 12,356,071
1. An optical element driving mechanism, comprising: a movable part, for connecting an optical element; a fixed part, wherein the movable part moves relative to the fixed part; and a driving assembly, for driving the movable part to move.
8. The optical element driving mechanism as claimed in claim 6, further comprising: a third driving assembly, driving the third movable part to move relative to the fixed part, wherein the first driving assembly and the third driving assembly are located on different sides of the fixed part.
Likewise, the limitations of claim 1 of the current application of “a movable part”, “a fixed part” and “a driving assembly” are equally disclosed the additional related patents as noted above with the corresponding claims as noted below:
Related patent Associated to current claim 1
Peng, et al. (US 12,619,066)
Chen, et al. (US 12,505,944)
Wu, et al. (US 12,326,654)
Kao, et al. (US 12,287,528)
Wu, et al. (US 12,287,527)
Hu, et al. (US 11,934,027)
Hu, et al. (US 11,852,886)
Fu, et al. (US 11,686,919)
Yu, et al. (US 11,402,603)
Hu, et al. (US 11,333,847)
Hu, et al. (US 11,880,090)
Lin, et al. (US 11,300,803)
Hu, et al. (US 11,330,761)
Yang (US 11,262,527)
Claim 8
Claim 1
Claim 1
Claim 8
Claim 1
Claim 1
Claim 21
Claim 8
Claim 4
Claim 1
Claim 1
Claim 1
Claim 1
Claim 3
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
He, et al. (WO 2023/151666), Gong, et al. (CN 116095439), Guo CN 113395433), Su, et al. (US 2026/0086429) and Chen, et al. (US 2023/0204903) teach an optical element with a movable part, a fixed part and a driving assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY FULLER whose telephone number is (571)272-2118. The examiner can normally be reached 8:00 am - 4:30 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephanie Bloss can be reached at 571-272-3555. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY E FULLER/Primary Examiner, Art Unit 2852
June 5, 2026
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