Prosecution Insights
Last updated: July 17, 2026
Application No. 18/899,119

OPTICAL APPARATUS

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Oct 18, 2019 — JP 2019-190709 +3 more
Examiner
WASHINGTON, TAMARA Y
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
476 granted / 584 resolved
+21.5% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
67.2%
+27.2% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 584 resolved cases

Office Action

§103
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 Acknowledgement is made of receipt of Information Disclosure Statement(s) (PTO-1449) filed 09/27/2024 (2) and 10/24/2025. An initialed copy is attached to this Office Action. Claim Objections Claim 7 is objected to because of the following informalities: Claim 7 is dependent on cancelled Claim 5. For examination purposes, since original Claim 5 depended from cancelled Claim 3 which originally depended from Claim 1, Claim 7 will be taken to depend from Claim 1. Appropriate correction is required. Response to Amendment The amendment to Claim(s) 1, 4, 6, and 7, the cancelation of Claim(s) 3 and 5, and the addition of Claim(s) 10-12, filed 12/20/2024, are acknowledged and accepted. 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(s) 1, 2, 6-9, 11 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1, 2, and 6-9, of U.S. Patent No. 12,130,489 in view of Okuda (US 11,656,424). With respect to Claim 1, U.S. Patent No. 12,130,489 teaches the following claim limitations: Application 18/899,119 US Patent No. 12,130,489 Claim 1: An optical apparatus comprising: a plurality of optical elements arranged in an optical axis direction; a first holding member configured to hold a first optical element among the plurality of optical elements; a second holding member configured to hold a second optical element among the plurality of optical elements; a first guide member configured to guide movements of the first holding member in the optical axis direction; a second guide member configured to guide movements of the second holding member in the optical axis direction; a rotation stopping member configured to prevent the first holding member from rotating about the first guide member and the second holding member from rotating about the second guide member; a first driver configured to drive the first holding member in the optical axis direction; a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; Claim 1: An optical apparatus comprising: a plurality of optical elements arranged in an optical axis direction; a first holding member and a second holding member configured to hold a first optical element and a second optical element, respectively, among the plurality of optical elements; a first guide member and a second guide member configured to guide movements of the first holding member and the second holding member, respectively, in the optical axis direction; a rotation stopping member configured to prevent the first holding member from rotating about the first guide member and the second holding member from rotating about the second guide member; a first driver and a second driver configured to drive the first holding member and the second holding member, respectively, in the optical axis direction; a base member configured to hold the first driver and second driver; a first position detector configured to detect a position of the first holding member; and a flexible printed circuit board configured to connect a controller configured to control the first driver, wherein when the optical apparatus is viewed from the optical axis direction, holders are provided to hold the base member to other members at three points in a circumferential direction centered on the optical axis, wherein when axes extending from the optical axis to the holders at the three points are referred to as first, second, and third axes, respectively, the first driver and the first guide member are located in a first area between the first and second axes, and the second driver and the second guide member are located in a second area between the first and third axes, and the rotation stopping member is disposed in a third area between the second and third axes, wherein the flexible printed circuit board extending from the first position detector is connected to the first driver, and wherein the flexible printed circuit board is connected to the controller by being disposed to extend in the optical axis direction from the first driver. U.S. Patent No. 12,130,489 fails to teach wherein when viewed in a cross section perpendicular to the optical axis, the first driver is disposed closer to the rotation stopping member than the first guide member, and the second driver is disposed closer to the rotation stopping member than the second guide member. U.S. Patent No. 12,130,489 and Okuda teach an optical apparatus. Okuda teaches wherein when viewed in a cross section perpendicular (A1, Figure 1; see also Figure 5) to the optical axis (AX, Figure 1), the first driver (151 serves as a first driver, Figure 5; see also column 4, lines 9-15) is disposed closer to the rotation stopping member (154, Figure 1) than the first guide member (153, Figure 1), and the second driver (152 serves as a second driver, Figure 5; see also column 4, lines 44-46) is disposed closer to the rotation stopping member (154, Figure 1) than the second guide member (155, Figure 1). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the optical system as claimed by U.S. Patent No. 12,130,489 having the optical apparatus with the teachings of Okuda having wherein when viewed in a cross section perpendicular to the optical axis, the first driver is disposed closer to the rotation stopping member than the first guide member, and the second driver is disposed closer to the rotation stopping member than the second guide member for the purpose of the optical components can made smaller in the optical axis direction, column 8, lines 16-21. With respect to Claims 2 and 6-9, Claim 2: the optical apparatus according to claim 1, wherein the first driver and the second driver are disposed in two areas that at least partially overlap each other in the optical axis direction. Claim 2: the optical apparatus according to claim 1, wherein the first driver and the second driver are disposed in two areas that at least partially overlap each other in the optical axis direction. Claim 6: the optical apparatus according to claim 1, further comprising a biasing unit configured to bias the first holding member and the second holding member so as to rotate the first holding member and the second holding member around the first guide member and the second guide member, respectively, wherein when viewed in a cross section perpendicular to the optical axis, a reaction force that the first holding member biased by the biasing unit receives from the first rotation stopping member, and a reaction force that the second holding member biased by the biasing unit receives from the second rotation stopping member work in the same direction. Claim 6: The optical apparatus according to claim 1, further comprising a biasing unit configured to bias the first holding member and the second holding member so as to rotate the first holding member and the second holding member around the first guide member and the second guide member, respectively, wherein when the optical apparatus is viewed from the optical axis direction, a reaction force that the first holding member biased by the biasing unit receives from the first rotation stopping member, and a reaction force that the second holding member biased by the biasing unit receives from the second rotation stopping member work in the same direction. Claim 7: The optical apparatus according to claim 5, further comprising: a second position detector configured to detect a position of the second holding member; a second flexible printed circuit board configured to connect the second driver to the controller, wherein the second flexible printed circuit board extending from the second position detector is connected to the second driver. Claim 7: The optical apparatus according to claim 1, further comprising: a second position detector configured to detect a position of the second holding member; a second flexible printed circuit board configured to connect the second driver to the controller, wherein the second flexible printed circuit board extending from the second position detector is connected to the second driver, and wherein the second flexible printed circuit board is connected to the controller by disposed to extend in the optical axis direction from the second driver. Claim 8: The optical apparatus according to claim 1, wherein the optical apparatus is attachable to and detachable from an image pickup apparatus. Claim 8: The optical apparatus according to claim 1, wherein the optical apparatus is attachable to and detachable from an image pickup apparatus. Claim 9: The optical apparatus according to claim 1, further comprising an image sensor configured to receive light from the optical elements. Claim 9: The optical apparatus according to claim 1, further comprising an image sensor configured to receive light from the optical elements. With respect to Claim 11, U.S. Patent No. 12,130,489 teaches the following claim limitations: Claim 11: An optical apparatus comprising: a plurality of optical elements arranged in an optical axis direction; a first holding member configured to hold a first optical element among the plurality of optical elements; a second holding member configured to hold a second optical element among the plurality of optical elements; a first guide member configured to guide movements of the first holding member in the optical axis direction; a second guide member configured to guide movements of the second holding member in the optical axis direction; a rotation stopping member configured to prevent the first holding member from rotating about the first guide member and the second holding member from rotating about the second guide member; a first driver configured to drive the first holding member in the optical axis direction; a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; Claim 1: An optical apparatus comprising: a plurality of optical elements arranged in an optical axis direction; a first holding member and a second holding member configured to hold a first optical element and a second optical element, respectively, among the plurality of optical elements; a first guide member and a second guide member configured to guide movements of the first holding member and the second holding member, respectively, in the optical axis direction; a rotation stopping member configured to prevent the first holding member from rotating about the first guide member and the second holding member from rotating about the second guide member; a first driver and a second driver configured to drive the first holding member and the second holding member, respectively, in the optical axis direction; a base member configured to hold the first driver and second driver; a first position detector configured to detect a position of the first holding member; and a flexible printed circuit board configured to connect a controller configured to control the first driver, wherein when the optical apparatus is viewed from the optical axis direction, holders are provided to hold the base member to other members at three points in a circumferential direction centered on the optical axis, wherein when axes extending from the optical axis to the holders at the three points are referred to as first, second, and third axes, respectively, the first driver and the first guide member are located in a first area between the first and second axes, and the second driver and the second guide member are located in a second area between the first and third axes, and the rotation stopping member is disposed in a third area between the second and third axes, wherein the flexible printed circuit board extending from the first position detector is connected to the first driver, and wherein the flexible printed circuit board is connected to the controller by being disposed to extend in the optical axis direction from the first driver. U.S. Patent No. 12,130,489 fails to teach wherein when viewed in a cross section perpendicular to the optical axis, the first guide member, the first driver, the rotation stopping member, the second driver, and the second guide member are arranged around the optical axis. U.S. Patent No. 12,130,489 and Okuda teach an optical apparatus. Okuda teaches wherein when viewed in a cross section perpendicular (A1, Figure 1; see also Figure 5) to the optical axis (AX, Figure 1), the first guide member (153, Figure 1), the first driver (151 serves as a first driver, Figure 5; see also column 4, lines 9-15), the rotation stopping member (154, Figure 1), the second driver (152 serves as a second driver, Figure 5; see also column 4, lines 44-46), and the second guide member (155, Figure 1) are arranged around the optical axis (AX, Figure 1). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the optical system as claimed by U.S. Patent No. 12,130,489 having the optical apparatus with the teachings of Okuda having when viewed in a cross section perpendicular to the optical axis, the first guide member, the first driver, the rotation stopping member, the second driver, and the second guide member are arranged around the optical axis for the purpose of the optical components can made smaller in the optical axis direction, column 8, lines 16-21. With respect to Claim 12, U.S. Patent No. 12,130,489 teaches the following claim limitations: Claim 12: An optical apparatus comprising: a plurality of optical elements arranged in an optical axis direction; a first holding member configured to hold a first optical element among the plurality of optical elements; a second holding member configured to hold a second optical element among the plurality of optical elements; a first guide member configured to guide movements of the first holding member in the optical axis direction; a second guide member configured to guide movements of the second holding member in the optical axis direction; a rotation stopping member configured to prevent the first holding member from rotating about the first guide member and the second holding member from rotating about the second guide member; a first driver configured to drive the first holding member in the optical axis direction; a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; Claim 1: An optical apparatus comprising: a plurality of optical elements arranged in an optical axis direction; a first holding member and a second holding member configured to hold a first optical element and a second optical element, respectively, among the plurality of optical elements; a first guide member and a second guide member configured to guide movements of the first holding member and the second holding member, respectively, in the optical axis direction; a rotation stopping member configured to prevent the first holding member from rotating about the first guide member and the second holding member from rotating about the second guide member; a first driver and a second driver configured to drive the first holding member and the second holding member, respectively, in the optical axis direction; a base member configured to hold the first driver and second driver; a first position detector configured to detect a position of the first holding member; and a flexible printed circuit board configured to connect a controller configured to control the first driver, wherein when the optical apparatus is viewed from the optical axis direction, holders are provided to hold the base member to other members at three points in a circumferential direction centered on the optical axis, wherein when axes extending from the optical axis to the holders at the three points are referred to as first, second, and third axes, respectively, the first driver and the first guide member are located in a first area between the first and second axes, and the second driver and the second guide member are located in a second area between the first and third axes, and the rotation stopping member is disposed in a third area between the second and third axes, wherein the flexible printed circuit board extending from the first position detector is connected to the first driver, and wherein the flexible printed circuit board is connected to the controller by being disposed to extend in the optical axis direction from the first driver. U.S. Patent No. 12,130,489 fails to teach wherein when viewed in a cross section perpendicular to the optical axis, a line connecting the first guide member and the second guide member does not cross a line connecting the first driver and the second driver. U.S. Patent No. 12,130,489 and Okuda teach an optical apparatus. Okuda teaches when viewed in a cross section perpendicular (A1, Figure 1; see also Figure 5) to the optical axis (AX, Figure 1), a line connecting the first guide member (153, Figure 1) and the second guide member (155, Figure 1) does not cross a line (see Figures 1 and 5) connecting the first driver (151 serves as a first driver, Figure 5; see also column 4, lines 9-15) and the second driver (152 serves as a second driver, Figure 5; see also column 4, lines 44-46). It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the optical system as claimed by U.S. Patent No. 12,130,489 having the optical apparatus with the teachings of Okuda having when viewed in a cross section perpendicular to the optical axis, a line connecting the first guide member and the second guide member does not cross a line connecting the first driver and the second driver for the purpose of the optical components can made smaller in the optical axis direction, column 8, lines 16-21. 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) 1, 2, 4, 6, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al., (Park hereafter) (US 2024/0176098 A1) in further view of Kishimoto et al., (Kishimoto hereafter) (US 2020/0225441 A1), of record. With respect to Claim 1, Park teaches an optical apparatus (Figure 1) comprising: a plurality of optical elements (¶[0059]) arranged in an optical axis direction (Z, Figure 1); a first holding member (210, Figure 1) configured to hold a first optical element (lens (not shown), ¶[0065]) among the plurality of optical elements (¶[0059]); a second holding member (110, Figure 1) configured to hold a second optical element (lens (not shown), ¶[0065]) among the plurality of optical elements (¶[0059]); a first guide member (one of 111, Figure 3) configured to guide movements of the first holding member (210, Figure 1) in the optical axis direction (Z, Figure 1); a second guide member (second of 111, Figure 3) configured to guide movements of the second holding member (110, Figure 1) in the optical axis direction (Z, Figure 1); a rotation stopping member (144-4 to 144-4, Figure 1) configured to prevent the first holding member (210, Figure 1) from rotating about the first guide member (one of 111, Figure 3) and the second holding member (110, Figure 1) from rotating about the second guide member (second of 111, Figure 3); a first driver (62, Figure 6B) configured to drive the first holding member (210, Figure 1) in the optical axis direction (Z, Figure 1). Park fails to teach a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; wherein when viewed in a cross section perpendicular to the optical axis, the first driver is disposed closer to the rotation stopping member than the first guide member, and the second driver is disposed closer to the rotation stopping member than the second guide member. Park and Kishimoto teach a lens moving apparatus. Kishimoto teaches a second driver (STM6, Figure 5) configured to drive the second holding member (21, Figure 1) in the optical axis direction (OA, Figure 1); and a base member configured to hold the first driver (STM5, Figure 5) and second driver (STM6, Figure 5); wherein when viewed in a cross section perpendicular (Figure 8) to the optical axis OA, Figure 1), the first driver (STM5, Figure 5) is disposed closer to the rotation stopping member (151, Figure 6) than the first guide member (151, Figure 6), and the second driver (STM6, Figure 5) is disposed closer to the rotation stopping member (151, Figure 6) than the second guide member (511, Figure 6). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park having the optical apparatus with the teachings of Kishimoto having a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; wherein when viewed in a cross section perpendicular to the optical axis, the first driver is disposed closer to the rotation stopping member than the first guide member, and the second driver is disposed closer to the rotation stopping member than the second guide member for the purpose of rotating separate optical element within the optical apparatus. With respect to Claim 2, Park teaches the optical apparatus according to claim 1, and the first driver (62, Figure 6B). Park fails to teach a second driver and the first and second driver are disposed in two areas that at least partially overlap each other in the optical axis direction. Kishimoto teaches a second driver (STM6, Figure 5) and the first (STM5, Figure 5) and second driver (STM6, Figure 5) are disposed in two areas that at least partially overlap (see Figure 5) each other in the optical axis direction (OA, Figure 5). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park having the optical apparatus with the teachings of Kishimoto having a second driver and the first and second driver are disposed in two areas that at least partially overlap each other in the optical axis direction for the purpose of rotating separate optical element within the optical apparatus. With respect to Claim 4, Park teaches the optical apparatus according to claim 1, wherein when viewed in a cross section perpendicular to the optical axis direction (Z, Figure 1), the first driver (62, Figure 6B) and the first guide member (one of 111, Figure 3), and the second guide member (second of 111, Figure 3) are symmetrically arranged for a line through the optical axis and the rotation stopping member (144-4 to 144-4, Figure 1). Park fails to teach the second driver. Kishimoto teaches a second driver (STM6, Figure 5). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park having the optical apparatus with the teachings of Kishimoto having a second driver for the purpose of rotating separate optical element within the optical apparatus. With respect to Claim 6, Park further teaches a biasing unit (110 has a hollow for installing a lens or a lens barrel; lens barrel is rotating 110 and 210; ¶[0069]) configured to bias the first holding member (210, Figure 1) and the second holding member (110, Figure 1) so as to rotate the first holding member (210, Figure 1) and the second holding member (110, Figure 1) around the first guide member (one of 111, Figure 3) and the second guide member (second of 111, Figure 3), respectively, wherein when viewed in a cross section perpendicular to the optical axis (Figure 7), a reaction force (electromagnetic force, ¶[0066]) that the first holding member (210, Figure 1) biased by the biasing unit (¶[0069]) receives from the first rotation stopping member (144-4 to 144-4, Figure 1), and a reaction force that the second holding member (110, Figure 1) biased by the biasing unit (¶[0069]) receives from the second rotation stopping member (144-4 to 144-4, Figure 1) work in the same direction. With respect to Claim 11, Park teaches an optical apparatus (Figure 1) comprising: a plurality of optical elements (¶[0059]) arranged in an optical axis direction (Z, Figure 1); a first holding member (210, Figure 1) configured to hold a first optical element (lens (not shown), ¶[0065]) among the plurality of optical elements (¶[0059]); a second holding member (110, Figure 1) configured to hold a second optical element (lens (not shown), ¶[0065]) among the plurality of optical elements (¶[0059]); a first guide member (one of 111, Figure 3) configured to guide movements of the first holding member (210, Figure 1) in the optical axis direction (Z, Figure 1); a second guide member (second of 111, Figure 3) configured to guide movements of the second holding member (110, Figure 1) in the optical axis direction (Z, Figure 1); a rotation stopping member (144-4 to 144-4, Figure 1) configured to prevent the first holding member (210, Figure 1) from rotating about the first guide member (one of 111, Figure 3) and the second holding member (110, Figure 1) from rotating about the second guide member (second of 111, Figure 3); a first driver (62, Figure 6B) configured to drive the first holding member (210, Figure 1) in the optical axis direction (Z, Figure 1). Park fails to teach a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; wherein when viewed in a cross section perpendicular to the optical axis, the first guide member, the first driver, the second driver, and the second guide member are arranged around the optical axis. Park and Kishimoto teach a lens moving apparatus. Kishimoto teaches a second driver (STM6, Figure 5) configured to drive the second holding member (21, Figure 1) in the optical axis direction (OA, Figure 1); and a base member configured to hold the first driver (STM5, Figure 5) and second driver (STM6, Figure 5); wherein when viewed in a cross section perpendicular (Figure 8) to the optical axis (OA, Figure 1), the first guide member (151, Figure 6), the first driver (STM5, Figure 5), the second driver (STM6, Figure 5), and the second guide member (511, Figure 6) are arranged around the optical axis (OA, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park having the optical apparatus with the teachings of Kishimoto having a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; wherein when viewed in a cross section perpendicular to the optical axis, the first guide member, the first driver, the second driver, and the second guide member are arranged around the optical axis for the purpose of rotating separate optical element within the optical apparatus. With respect to Claim 12, Park teaches an optical apparatus (Figure 1) comprising: a plurality of optical elements (¶[0059]) arranged in an optical axis direction (Z, Figure 1); a first holding member (210, Figure 1) configured to hold a first optical element (lens (not shown), ¶[0065]) among the plurality of optical elements (¶[0059]); a second holding member (110, Figure 1) configured to hold a second optical element (lens (not shown), ¶[0065]) among the plurality of optical elements (¶[0059]); a first guide member (one of 111, Figure 3) configured to guide movements of the first holding member (210, Figure 1) in the optical axis direction (Z, Figure 1); a second guide member (second of 111, Figure 3) configured to guide movements of the second holding member (110, Figure 1) in the optical axis direction (Z, Figure 1); a rotation stopping member (144-4 to 144-4, Figure 1) configured to prevent the first holding member (210, Figure 1) from rotating about the first guide member (one of 111, Figure 3) and the second holding member (110, Figure 1) from rotating about the second guide member (second of 111, Figure 3); a first driver (62, Figure 6B) configured to drive the first holding member (210, Figure 1) in the optical axis direction (Z, Figure 1). Park fails to teach a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; wherein when viewed in a cross section perpendicular to the optical axis, a line connecting the first guide member and the second guide member does not cross a line connecting the first driver and the second driver. Park and Kishimoto teach a lens moving apparatus. Kishimoto teaches a second driver (STM6, Figure 5) configured to drive the second holding member (21, Figure 1) in the optical axis direction (OA, Figure 1); and a base member configured to hold the first driver (STM5, Figure 5) and second driver (STM6, Figure 5); wherein when viewed in a cross section perpendicular (Figure 8) to the optical axis (OA, Figure 1), a line connecting the first guide member (151, Figure 6) and the second guide member (511, Figure 6) does not cross a line (see Figure 5) connecting the first driver (STM5, Figure 5) and the second driver (STM6, Figure 5). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park having the optical apparatus with the teachings of Kishimoto having a second driver configured to drive the second holding member in the optical axis direction; and a base member configured to hold the first driver and second driver; wherein when viewed in a cross section perpendicular to the optical axis, a line connecting the first guide member and the second guide member does not cross a line connecting the first driver and the second driver for the purpose of rotating separate optical element within the optical apparatus. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2024/0176098 A1) in view of Kishimoto (US 2020/0225441 A1), of record, in further view of Jang et al., (Jang hereafter) (US 2021/0026098 A1). With respect to Claim 7, Park teaches the optical apparatus according to claim 5 and the second holding member (800, Figure 22). Park fails to teach the second driver. Park and Kishimoto teach a lens moving apparatus. Kishimoto teaches a second driver (STM6, Figure 5). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park having the optical apparatus with the teachings of Kishimoto having a second driver for the purpose of rotating separate optical element within the optical apparatus. Park in view of Kishimoto fail to teach a second position detector configured to detect a position of the second holding member; a second flexible printed circuit board configured to connect the second driver to the controller, wherein the second flexible printed circuit board extending from the second position detector is connected to the second driver. Park in view of Kishimoto as well as Jang teach a lens moving apparatus. Jang teaches a second position detector (710, Figure 1) configured to detect a position of the second holding member (210, Figure 1); a second flexible printed circuit board (520, Figure 1) configured to connect (¶[0064]) to the controller (control unit, ¶[0064]), wherein the second flexible printed circuit board (520, Figure 1) extending from the second position detector (710, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park in view of Kishimoto having the optical apparatus with the teachings of Jang having a second position detector configured to detect a position of the second holding member; a second flexible printed circuit board configured to connect to the controller, wherein the second flexible printed circuit board extending from the second position detector, and further modifying Park in view of Kishimoto having a second flexible printed circuit board configured to connect the second driver to the controller, wherein the second flexible printed circuit board extending from the second position detector is connected to the second driver, for the purpose of autofocus functioning and/or an image stabilization functioning, (¶[0064]). Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2024/0176098 A1) in view of Kishimoto (US 2020/0225441 A1), of record, in further view of Kawane et al., (Kawane hereafter) (US 2016/0269616 A1). With respect to Claim 8, Park in view of Kishimoto teach the optical apparatus according to claim 1. Park in view of Kishimoto fail to teach wherein the optical apparatus is attachable to and detachable from an image pickup apparatus. Park in view of Kishimoto and Kawane teach a lens moving apparatus. Kawane teaches wherein the optical apparatus (10, Figure 1 see also ¶[0025]) is attachable to and detachable (10 is configured to be attachable to and detachable from camera body, see ¶[0025])from an image pickup apparatus (100, Figure 8; see also ¶[0025]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park in view of Kishimoto having the optical apparatus with the teachings of Kawane having the optical apparatus is attachable to and detachable from an image pickup apparatus for the purpose of maximizing varying f-stop, shutter speed, etc., in lenses for image capturing. Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2024/0176098 A1) in view of Kishimoto (US 2020/0225441 A1), of record, in further view of Jang (US 2021/0026098 A1). With respect to Claim 9, Park in view of Kishimoto teach the optical apparatus according to claim 1 and the optical elements (¶[0059], of Park). Park in view of Kishimoto fail to teach an image sensor configured to receive light from the optical elements. Park in view of Kishimoto and Jang teach a lens moving apparatus. Jang teaches an image sensor (image sensor, ¶[0074]) configured to receive light from the optical elements (lenses in the lens module, ¶[0074]). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park in view of Kishimoto having the optical apparatus with the teachings of Jang having an image sensor configured to receive light from the optical elements for the purpose of autofocus functioning and/or an image stabilization functioning, (¶[0064]). With respect to Claim 10, Park in view of Kishimoto teaches the apparatus according to claim 1, the first holding member (210, Figure 1, of Park), and the first driver (62, Figure 6B, of Park). Park in view of Kishimoto fail to teach a first position detector; a first flexible printed circuit board configured to connect to a controller configured to control the first driver, wherein the first flexible printed circuit board extending from the first position detector is connected to the first driver. Jang teaches a first position detector (710, Figure 1); a first flexible printed circuit board (510, Figure 1) configured to connect to a controller (control unit, ¶[0064]), wherein the first flexible printed circuit board (510, Figure 1) extending from the first position detector (710, Figure 1). Therefore it would have been obvious to one skilled in the art before the effective date of the invention to modify the teachings of Park in view of Kishimoto having the optical apparatus with the teachings of Jang having a first position detector; a first flexible printed circuit board configured to connect to a controller, wherein the first flexible printed circuit board extending from the first position detector and further modifying Park to have a first position detector configured to detect a position of the first holding member; a first flexible printed circuit board configured to connect the first driver to a controller configured to control the first driver, wherein the first flexible printed circuit board extending from the first position detector is connected to the first driver for the purpose of autofocus functioning and/or an image stabilization functioning, (¶[0064]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMARA Y WASHINGTON whose telephone number is (571)270-3887. The examiner can normally be reached Mon-Thur 730-530 EST. 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, Stephone Allen can be reached at 571-272-2434. 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. /TYW/Patent Examiner, Art Unit 2872 /STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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Prosecution Timeline

Sep 27, 2024
Application Filed
Dec 20, 2024
Response after Non-Final Action
Jun 26, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
90%
With Interview (+8.2%)
2y 8m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 584 resolved cases by this examiner. Grant probability derived from career allowance rate.

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