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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 14/982,853, filed on 12/29/2015.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/11/2024 and 09/24/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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 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.
A complete response to a nonstatutory double patenting (NSDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application’s claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 9,885,879. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of each of instant claims 1 and 17 are met by the details of each of reference claims 1 and 18 which require a camera comprising a lens barrel, a filter, a holder, an image sensor, and a masking member, with structures reading on the claimed protrusion
Additionally, the limitations of dependent claims 2-16 and 18-20 are all met by the details of reference claims 1-20 which require the instantly claimed structural features and are thus not patentably distinct from the instant claims.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 10,054,799. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of each of instant claims 1 and 17 are met by the details of each of reference claims 1 and 2 which require a camera comprising a lens barrel, a filter, a holder, an image sensor, and a masking member, with bosses protruding from the holder, reading on the claimed protrusion
Additionally, the limitations of dependent claims 2-16 and 18-20 are all met by the details of reference claims 1-17 which require the instantly claimed structural features and are thus not patentably distinct from the instant claims.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,747,014. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of each of instant claims 1 and 17 are met by the details of each of reference claims 1 and 2 which require a camera comprising a lens barrel, a filter, a holder, an image sensor, and an portion protruding from an upper portion of the holder, reading on the claimed protrusion
Additionally, the limitations of dependent claims 2-16 and 18-20 are all met by the details of reference claims 1-20 which require the instantly claimed structural features and are thus not patentably distinct from the instant claims.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,140,780. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of each of instant claims 1 and 17 are met by the details of each of reference claims 1 and 20 which require a camera comprising a lens barrel, a filter, a holder, an image sensor, and a masking member with a recess on the holder, reading on the claimed protrusion
Additionally, the limitations of dependent claims 2-16 and 18-20 are all met by the details of reference claims 1-20 which require the instantly claimed structural features and are thus not patentably distinct from the instant claims.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onishi et al. (U.S. Patent No. 7,166,907; hereinafter – “Onishi”).
Regarding claim 1, Onishi teaches a camera module comprising:
a circuit board (4) (See e.g. Figs. 1 and 4; C. 3, L. 7-52);
an image sensor (5) disposed on the circuit board (See e.g. Figs. 1 and 4; C. 3, L. 7-52);
a holder (3) disposed on the circuit board and comprising a protrusion (3e) protruding from an upper surface thereof (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13);
a filter (6) disposed on the upper surface of the holder (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13); and
a lens barrel (1) disposed on the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13),
wherein an upper surface of the protrusion is positioned to be higher than an upper surface of the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 2, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches that the lens barrel is configured to be movable in an optical axis direction with respect to the holder, and the protrusion is configured to serve to inhibit a lower end of the lens barrel from contacting the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 3, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches that the protrusion is formed along a peripheral edge of the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 4, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches that an inner surface of the protrusion is positioned to face a side surface of the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 5, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches that the filter has a rectangular shape when viewed in an optical axis direction, and wherein the protrusion comprises linear members corresponding to sides of the filter and coupled to each other at respective corners of the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 6, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches that the holder comprises a hole formed in a region on which the filter is disposed, and the filter is configured to face the image sensor in an optical axis direction (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 7, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches a base (1, 4) disposed on the holder; and a first adhesive member disposed between the base and the holder (See e.g. Figs. 1 and 4; C. 3, L. 53 – C. 4, L. 23).
Regarding claim 8, Onishi teaches the camera module according to claim 7, as above.
Onishi further teaches that the first adhesive member is disposed on a peripheral area of the upper surface of the holder positioned in an outer side of the protrusion (See e.g. Figs. 1 and 4; C. 3, L. 53 – C. 4, L. 23).
Regarding claim 9, Onishi teaches the camera module according to claim 7, as above.
Onishi further teaches that the first adhesive member is in contact with an outer surface of the protrusion (See e.g. Figs. 1 and 4; C. 3, L. 53 – C. 4, L. 23).
Regarding claim 10, Onishi teaches the camera module according to claim 7, as above.
Onishi further teaches that the base comprises a hole (3b), and wherein at least one portion of the lens barrel is disposed in the hole of the base and spaced apart from the filter (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 11, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches that the protrusion overlaps with the lens barrel in an optical axis direction (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 12, Onishi teaches the camera module according to claim 1, as above.
Onishi further teaches a second adhesive member disposed between the holder and the circuit board (See e.g. Figs. 1 and 4; C. 3, L. 53 – C. 4, L. 23).
Regarding claim 13, Onishi teaches the camera module according to claim 12, as above.
Onishi further teaches that the second adhesive member comprises: a first end disposed on an upper surface of the circuit board; and a second end disposed on the upper surface of the circuit board to be spaced apart from the first end, wherein an opening is formed between the first and second ends of the second adhesive member (See e.g. Figs. 1 and 4; C. 3, L. 53 – C. 4, L. 23).
Regarding claim 14, Onishi teaches the camera module according to claim 13, as above.
Onishi further teaches that the holder comprises a recess (3a) formed at a side surface thereof, and the recess is disposed at a position corresponding to the opening (See e.g. Figs. 1 and 4; C. 3, L. 7-11; C. 3, L. 53 – C. 4, L. 29; C. 5, L. 65 – C. 6, L. 13).
Regarding claim 15, Onishi teaches the camera module according to claim 14, as above.
Onishi further teaches that the circuit board comprises a plurality of terminals, and the plurality of terminals are formed in first and second areas of the upper surface of the circuit board that are opposite to each other, and wherein the opening is formed in a third area between the first and second areas of the upper surface of the circuit board (See e.g. Figs. 1 and 4; C. 3, L. 7-52).
Regarding claim 16, Onishi teaches the camera module according to claim 14, as above.
Onishi further teaches a filler disposed in the recess so as to close a space between a lower surface of the holder and the upper surface of the circuit board (See e.g. Figs. 1 and 4; C. 3, L. 53 – C. 4, L. 23).
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hayashi (U.S. PG-Pub No. 2016/0187668).
Regarding claim 1, Hayashi teaches a camera module comprising:
a circuit board (72) (See e.g. Figs. 5-7; Paragraphs 0040-0042);
an image sensor (76) disposed on the circuit board (See e.g. Figs. 5-7; Paragraphs 0040-0042);
a holder (74) disposed on the circuit board and comprising a protrusion (47, 142) protruding from an upper surface thereof (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150);
a filter (78) disposed on the upper surface of the holder (See e.g. Figs. 5-7; Paragraphs 0040-0042); and
a lens barrel (12) disposed on the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0087-0088, 0124, 0146-0150),
wherein an upper surface of the protrusion is positioned to be higher than an upper surface of the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 2, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches that the lens barrel is configured to be movable in an optical axis direction with respect to the holder, and the protrusion is configured to serve to inhibit a lower end of the lens barrel from contacting the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 3, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches that the protrusion is formed along a peripheral edge of the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 4, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches that an inner surface of the protrusion is positioned to face a side surface of the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 5, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches that the filter has a rectangular shape when viewed in an optical axis direction, and wherein the protrusion comprises linear members corresponding to sides of the filter and coupled to each other at respective corners of the filter (See e.g. Figs. 5-7; Paragraphs 0040-0042).
Regarding claim 6, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches that the holder comprises a hole (14a, 474, 44c, 40c) formed in a region on which the filter is disposed, and the filter is configured to face the image sensor in an optical axis direction (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 126).
Regarding claim 7, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches a base (14) disposed on the holder; and a first adhesive member disposed between the base and the holder (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 0135).
Regarding claim 8, Hayashi teaches the camera module according to claim 7, as above.
Hayashi further teaches that the first adhesive member is disposed on a peripheral area of the upper surface of the holder positioned in an outer side of the protrusion (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 0135).
Regarding claim 9, Hayashi teaches the camera module according to claim 7, as above.
Hayashi further teaches that the first adhesive member is in contact with an outer surface of the protrusion (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 0135).
Regarding claim 10, Hayashi teaches the camera module according to claim 7, as above.
Hayashi further teaches that the base comprises a hole (14a, 474, 44c, 40c), and wherein at least one portion of the lens barrel is disposed in the hole of the base and spaced apart from the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 126).
Regarding claim 11, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches that the protrusion overlaps with the lens barrel in an optical axis direction (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 12, Hayashi teaches the camera module according to claim 1, as above.
Hayashi further teaches a second adhesive member disposed between the holder and the circuit board (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 0135).
Regarding claim 13, Hayashi teaches the camera module according to claim 12, as above.
Hayashi further teaches that the second adhesive member comprises: a first end disposed on an upper surface of the circuit board; and a second end disposed on the upper surface of the circuit board to be spaced apart from the first end, wherein an opening is formed between the first and second ends of the second adhesive member (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 0135).
Regarding claim 14, Hayashi teaches the camera module according to claim 13, as above.
Hayashi further teaches that the holder comprises a recess formed at a side surface thereof, and the recess is disposed at a position corresponding to the opening (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 15, Hayashi teaches the camera module according to claim 14, as above.
Hayashi further teaches that the circuit board comprises a plurality of terminals, and the plurality of terminals are formed in first and second areas of the upper surface of the circuit board that are opposite to each other, and wherein the opening is formed in a third area between the first and second areas of the upper surface of the circuit board (See e.g. Figs. 5-7; Paragraphs 0040-0042).
Regarding claim 16, Hayashi teaches the camera module according to claim 14, as above.
Hayashi further teaches a filler disposed in the recess so as to close a space between a lower surface of the holder and the upper surface of the circuit board (See e.g. Figs. 5-7; Paragraphs 0040-0042)
Regarding claim 17, Hayashi teaches a camera module comprising:
a first circuit board (72) (See e.g. Figs. 5-7; Paragraphs 0040-0042);
an image sensor (76) disposed on the first circuit board (See e.g. Figs. 5-7; Paragraphs 0040-0042);
a holder (74) disposed on the first circuit board and comprising a protrusion (47, 142) protruding from an upper surface thereof (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150);
a filter (78) disposed on the upper surface of the holder (See e.g. Figs. 5-7; Paragraphs 0040-0042);
a base (14) disposed on the holder and comprising a first hole (14a) (See e.g. Figs. 2-3 and 5-6; Paragraphs 0043, 0048, 0124, and 0126);
a second circuit board (44) disposed on the base and comprising a second hole (44a or 44c) (See e.g. Figs. 2-3 and 5-6; Paragraphs 0043, 0048, 0124, and 0126);
a circuit member disposed on the second circuit board and comprising a third hole and a coil (See e.g. Figs. 2-3 and 5-6; Paragraphs 0043, 0048, 0124, and 0126);
a housing (30, 42) disposed on the circuit member (See e.g. Figs. 2-3 and 5-6; Paragraphs 0061, 0107, and 0119-0120);
a magnet (28) disposed on the housing and facing the coil (See e.g. Figs. 2-3 and 5-6; Paragraphs 0061 and 0065);
a bobbin (24) disposed in the housing (See e.g. Figs. 2-3 and 5-6; Paragraphs 0039 and 0061); and
a coil unit (26) disposed on an outer surface of the bobbin and facing the magnet (See e.g. Figs. 2-3 and 5-6; Paragraphs 0061 and 0065); and
a lens barrel (12) coupled to the bobbin and disposed on the filter, wherein at least one portion of the lens barrel passes through the first hole, the second hole, and the third hole and is spaced apart from the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0087-0088, 0124, 0146-0150); and
wherein an upper surface of the protrusion is positioned to be higher than an upper surface of the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 18, Hayashi teaches the camera module according to claim 17, as above.
Hayashi further teaches that the protrusion overlaps with the lens barrel in an optical axis direction (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 19, Hayashi teaches the camera module according to claim 17, as above.
Hayashi further teaches that the protrusion is formed along a peripheral edge of the filter, and an inner surface of the protrusion is positioned to face a side surface of the filter (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0042, 0124, 0146-0150).
Regarding claim 20, Hayashi teaches the camera module according to claim 17, as above.
Hayashi further teaches a second adhesive member disposed between a lower surface of the holder and an upper surface of the first circuit board and comprising an opening disposed at a position corresponding to the recess of the holder; and a filler disposed in the recess (See e.g. Figs. 2-3, 5-8, and 11-13; Paragraphs 0040-0044, 0048, 0124, and 0135).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Dobashi (U.S. PG-Pub No. 2015/0138424) teaches a solid state image capturing apparatus, camera module, and electronic device with a similar filter holder.
Jan (U.S. PG-Pub No. 2014/0117479) teaches a chip module structure for particle protection including a similar filter holder with a projection.
Kagaya et al. (U.S. PG-Pub No. 2013/0010176) teaches an imaging device and portable terminal having a similarly structured holder with a projection.
Nakajo et al. (U.S. PG-Pub No. 2007/0045550) teaches a miniature camera module with lens containing image sensor having a filter holder with projecting dam members.
Shibata et al. (U.S. PG-Pub No. 2007/0047109) teaches a camera module with a holder for a filter having a peripheral portion with a projection.
Harazono et al. (U.S. Patent No. 6,825,540) teaches a miniaturized, resin-sealed solid state imaging apparatus comprising a similar holder for a filter with projections.
Oh et al. (U.S. PG-Pub No. 2013/0128108) teaches a camera module with a holder for a filter having similar projections.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas R Pasko whose telephone number is (571)270-1876. The examiner can normally be reached M-F 8 AM - 5 PM.
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Nicholas R. Pasko
Primary Examiner
Art Unit 2896
/Nicholas R. Pasko/Primary Examiner, Art Unit 2896
Prosecution Insights