CTNF 18/895,950 CTNF 79712 DETAILED ACTION 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 § 102 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. 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) 1-8 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Wang et al. (U.S. Patent Application Publication No. 2022/0121086 “Wang”) . Regarding claim 1, Wang discloses an optical element driving mechanism (embodiment of Figures 9-12 element 10B), comprising: a fixed assembly (Figure 10 element 15, 102, and/or 112); a first movable part (1081/1083), configured to be connected to a first optical element (1082), wherein the first movable part is movable relative to the fixed assembly (Paragraph [0052]); a driving assembly (DA1), configured to drive the first movable part to move relative to the fixed assembly (Paragraphs [0052]-[0053]). Regarding claim 2, Wang discloses the driving mechanism wherein: the optical element driving mechanism further includes a second movable part (1091/1093) configured to be connected to a second optical element (1092), and the second movable part is movable relative to the first movable part (Figure 10; Paragraph [0091]); when a driving signal is input to the driving assembly, the driving assembly generates a first driving force to the first movable part, and the driving assembly generates a second driving force to the second movable part at the same time (Paragraph [0091]); the fixed assembly includes an outer frame (102 and/or 112) and a base (15); the outer frame is fixedly connected to the base (Figure 9); the outer frame has a first opening and a second opening (OP1/OP2 and/or 1021/1022); and the first opening and the second opening are arranged along a first axis (AX2). Regarding claim 3, Wang discloses the driving mechanism wherein: the first optical element has a first base portion (elongated section of 1082 including holes and extending along AX2) and a first blocking portion (portion at end of 1082 extending along AX3); the first base portion extends along the first axis (AX2); the first blocking portion extends from the first base portion along a second axis (AX3); and the first blocking portion extends from the first base portion in a first extending direction (Figure 10 down the page and right along AX3). Regarding claim 4, Wang discloses the driving mechanism wherein: the second optical element has a second base portion (elongated section of 1092 including holes and extending along AX2) and a second blocking portion (portion at end of 1092 extending along AX3); the second base portion extends along the first axis (AX2); the second blocking portion extends from the second base portion along the second axis (AX3); the second blocking portion extends from the second base portion in a second extending direction (Figure 10 up the page and left along AX3); and the second extending direction is opposite to the first extending direction. Regarding claim 5, Wang discloses the driving mechanism wherein: the first movable part is configured to move along the first axis so that the first blocking portion selectively blocks the first opening; and the second movable part is configured to move along the first axis so that the second blocking portion selectively blocks the second opening (Paragraph [0072]; Figures 9-12). Regarding claim 6, Wang discloses the driving mechanism wherein: The optical element driving mechanism further includes a positioning assembly (112) configured to position the first movable part in a first position or a second position (Figure 12, Figure 9, respectively); the positioning assembly and the driving assembly are arranged along the first axis; when viewed along a third axis (Figure 12 shows the third axis view), the first movable part and the second movable part are located on opposite sides of the driving assembly (Figure 12); the third axis, the first axis and the second axis are perpendicular to each other (axes are parallel to Z, Y, X, respectively); when the positioning assembly positions the first movable part in the second position, the first blocking portion blocks the first opening (Figure 9 configuration); and when the positioning assembly positions the first movable part in the first position, the first blocking portion does not block the first opening (Figure 12 configuration). Regarding claim 7, Wang discloses the driving mechanism wherein: the positioning assembly is configured to position the second movable part in a third position or a fourth position; when the positioning assembly positions the second movable part in the fourth position, the second blocking portion blocks the second opening (Figure 9 configuration); and when the positioning assembly positions the second movable part in the third position, the second blocking portion does not block the second opening (Figure 12 configuration). Regarding claim 8, Wang discloses the driving mechanism wherein: the driving assembly includes a first coil (CL), a first magnetically conductive element (CM), a first magnetic element (MG1) and a second magnetic element (MG2); the first magnetic element corresponds to the first coil and is disposed on the first movable part; the second magnetic element corresponds to the first coil and is disposed on the second movable part (Figure 10); the first magnetically conductive element corresponds to the first coil; the first magnetically conductive element has magnetically conductive material and has a long strip-shaped structure; and the first coil is wound on the first magnetically conductive element (Figure 10) . 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. 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 fixed assembly; a first movable part, configured to be connected to a first optical element, wherein the first movable part is movable relative to the fixed assembly; and a driving assembly, configured to drive the first movable part to move relative to the fixed assembly. 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 08-35 AIA Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/894733; claim 1 of copending Application No. 18/896304; claim 1 of copending Application No. 18/896162; claim 1 of copending Application No. 18/896589; claim 1 of copending Application No. 18/18/895909; and claim 1 of copending Application No. 18/895950 . Although the claims at issue are not identical, they are not patentably distinct from each other because the reference claim discloses all of the limitations of the pending claim . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9-20 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: Iwatsuka (U.S. Patent Application Publication No. 2005/0179980) discloses an electromagnet having a clamp shape (Paragraph [0103]) for use in a variable light attenuator. The prior art, however, fails to disclose or suggest the clamp-shaped electromagnet used in conjunction with the optical element driving mechanism having the driving assembly particularities of claims 1-8. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H CALEY whose telephone number is (571)272-2286. The examiner can normally be reached M-F 9am - 5pm. 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, Allana Bidder can be reached at 571-272-5560. 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. /MICHAEL H CALEY/Supervisory Patent Examiner, Art Unit 2871 Application/Control Number: 18/895,950 Page 2 Art Unit: 2871 Application/Control Number: 18/895,950 Page 3 Art Unit: 2871 Application/Control Number: 18/895,950 Page 4 Art Unit: 2871 Application/Control Number: 18/895,950 Page 5 Art Unit: 2871 Application/Control Number: 18/895,950 Page 6 Art Unit: 2871 Application/Control Number: 18/895,950 Page 7 Art Unit: 2871 Application/Control Number: 18/895,950 Page 8 Art Unit: 2871 Application/Control Number: 18/895,950 Page 9 Art Unit: 2871 Application/Control Number: 18/895,950 Page 10 Art Unit: 2871
Prosecution Insights