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 .
Specification
The title of the invention is not sufficiently descriptive. “The title should be brief but technically accurate and descriptive and should contain fewer than 500 characters,” MPEP §606. Specifically, statements concerning the general type or nature of the entire system or its components that are common to many other similar elements or systems that are known in the art are not sufficiently descriptive to provide “informative value in indexing, classifying, searching, etc.,” MPEP §606.01. Examiner recommends directing the title to what Applicant believes is the point of novelty, including key structural features, since it is by the novelty that "indexing, classifying, searching, etc.” is generally accomplished. Nevertheless, it should be noted that, pursuant to MPEP §606.01, “[i]f a satisfactory title is not supplied by the applicant, the examiner may, at the time of allowance, change the title by examiner’s amendment.”
A new title is required that is more clearly indicative of the invention to which the claims are directed.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: N. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over the following claims of copending Application No. 19/325861, 19/074868, 19/073390, 19/027361, 19/016642, 18/988258, 18/949768, 18/944397, 18/937458, 18/925372, 18/895909, 18/884360, 18/790501, 18/400877, 18/521897, 18/500679. Although the claims at issue are not identical, they are not patentably distinct from each other because the copending claims encompass the instant claim (that is, the patent claims have features which fall within the scope of the instant claim).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current Application (18/938911)
Co-pending Application
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
19/3258611. A driving mechanism for driving an optical element to move, wherein the optical element has an optical axis, and the driving mechanism comprises: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured to drive the movable part to move relative to the fixed part.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
19/074868
1. An optical element driving mechanism, comprising: a movable portion used for connecting an optical module; a fixed portion, wherein the movable portion is movable relative to the fixed portion; and a driving assembly used for driving the movable portion to move.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
19/073390
1. An optical element drive mechanism having a central axis, comprising: an immovable part comprising a bottom; a first movable part connected to a first optical element, wherein the first movable part is movable relative to the bottom; and a first drive assembly driving the first movable part to move relative to the bottom.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
19/027361
1. An optical element driving mechanism, comprising: a first movable portion used for connecting a first optical element; a fixed portion, wherein the first movable portion is movable relative to the fixed portion; a first driving assembly used for driving the first movable portion to move relative to the fixed portion; and a guiding assembly used for guiding the first movable portion to move relative to the fixed portion.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
19/016642
1. A driving mechanism for moving an optical element that has an optical axis, comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/988258
1. A optical element driving mechanism, comprising: a first movable portion for connecting a first optical element; a fixed portion, wherein the first movable portion is movable relative to the fixed portion; and a first driving component, configured to drive the first movable portion to move relative to the fixed portion.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/949768
1. An optical element driving mechanism, comprising: a first movable part, for connecting a first optical element; a fixed part, wherein the first movable part is movable relative to the fixed part; and a driving assembly, for driving the first movable part to move.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/944397
1. A driving mechanism for moving an optical element, comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/937458
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/925372
1. An optical member driving mechanism, comprising: a movable portion, configured to connect an optical member; a fixed portion, wherein the movable portion is movable relative to the fixed portion; and a driving assembly, configured to drive the movable portion to move relative to the fixed portion.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/895909
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.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/884360
1. An optical element driving mechanism, comprising: a movable part for connecting an optical element; a fixed part, wherein the movable part is moveable relative to the fixed part; and a driving assembly, driving the optical element to move relative to the fixed part.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/790501
1. An optical element driving mechanism, comprising: a movable assembly used for connecting an optical element; a fixed portion, wherein the movable assembly is movable relative to the fixed portion; and a driving assembly used for driving the movable assembly to move relative to the fixed portion.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/400877
1. An optical component, comprising: a movable part, connecting an optical element; a fixed part, including a housing, wherein the movable part is movable relative to the fixed part; and a driving assembly, driving the movable part to move relative to the fixed part.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/521897
1. An optical system, comprising: a first module, comprising: a first movable portion, configured to connect the first optical member; a first fixed portion, wherein the first movable portion is movable relative to the first fixed portion; and a first driving assembly, configured to drive the first movable portion to move relative to the first fixed portion.
1. A driving mechanism for moving an optical element that has an optical axis, the driving mechanism comprising: a fixed part; a movable part, movably connected to the fixed part for holding the optical element; and a driving assembly, configured for moving the movable part relative to the fixed part.
18/500679
1. An optical element driving mechanism, comprising: a movable portion used for connecting an optical element; a fixed portion, wherein the movable portion is movable relative to the fixed portion; and a driving assembly used for driving the movable portion to move relative to the fixed portion.
It should be noted that co-pending applications 19/074868, 19/073390, 19/027361, 18/988258, 18/949768, 18/944397, 18/925372, 18/895909, 18/884360, 18/790501, 18/400877, 18/521897, and 18/500679, do not specifically disclose an optical element that has an optical axis. However, an “optical element,” as the term would be reasonably understood by a person having skill in the art at the time of filing, indicates the presence of an optical axis, since an optical axis is merely an imaginary line along the geometrical center of the light propagation path through an element. If the element is considered an optical element, indicating that it interacts with propagating light in some manner, there will be a geometrical center of that propagating light which can be reasonably considered to be an “optical axis” of the element. Further of note is that there are a plethora of ways of expressing that a movable portion is configured for connecting an optical element, either directly or indirectly. Lastly, a device which includes: a fixed part, a movable part, movably connected to the fixed part for holding the optical element, and a driving assembly, configured for moving the movable part relative to the fixed part; is an optical element driving mechanism because it includes a driving assembly which drives the movable portion which is for connecting the optical element.
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.
Claims 1,2, 6-8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 20220326474).
Regarding Claim 1, Park discloses:
A driving mechanism for moving an optical element that has an optical axis (Title – Lens Moving Apparatus, and Camera Module and Optical Instrument Comprising Same), the driving mechanism comprising:
a fixed part (Fig. 23-24: 1100, 1430 – cover part + base);
a movable part (Fig. 24: 1200, 1300 – first/second moving part),
movably connected to the fixed part for holding the optical element (Para. 428, 431 – disposed inside cover member, coupled to lens module); and
a driving assembly (Fig. 24, 30: 1220, 1320, 1422, para. 417 – first driver),
configured for moving the movable part relative to the fixed part (Para. 576 – housing relatively moved with respect to base).
Regarding Claim 2, Park discloses:
The driving mechanism as claimed in claim 1 (Fig. 23-24), further comprising
a quadrilateral upper resilient element (Fig. 24, 31: 1510 – supporting member), wherein the fixed part includes
a housing (Fig. 24: 1100 – cover member) and
a base (Fig. 24: 1430 – base)
connected to each other (Para. 479 – base coupled to cover member),
the upper resilient element connects the housing to the movable part (Fig. 24, para. 453 – upper supporting member coupled to movable housing, which contacts supporting member), and
a plurality of slots are formed at a corner of the upper resilient element (Fig. 31: 1502,1503, 1505, 1506, 1508 – slots shown; para. 415 – Fig. 23-31 all encompass one embodiment in Park).
Regarding Claim 6, Park discloses:
The driving mechanism as claimed in claim 1 (Fig. 23-24), further comprising
a lower resilient element (Fig. 24, 31: 1520 – lower supporting member), wherein the fixed part includes
a housing (Fig. 24: 1100 – cover member) and
a base (Fig. 24: 1430 – base)
connected to each other (Para. 479 – base coupled to cover member), and
the lower resilient element connects the movable part to the base (Fig. 24: 1520 – lower supporting member contacts movable part and base), wherein
the lower resilient element forms a positioning hole (Fig. 27, 31: 1522 – internal hole portion), and
the movable part forms a nub extending into the positioning hole (Para. 443 – lower coupling portion protrudes into internal hole portion 1522).
Regarding Claim 7, Park discloses:
The driving mechanism as claimed in claim 1 (Fig. 23-24), further comprising
a lower resilient element (Fig. 24, 31: 1520 – lower supporting member), wherein the fixed part includes
a housing (Fig. 24: 1100 – cover member) and
a base (Fig. 24: 1430 – base)
connected to each other (Para. 479 – base coupled to cover member), and
the lower resilient element connects the movable part to the base (Fig. 24: 1520 – lower supporting member contacts movable part and base), wherein
the lower resilient element forms an opening (Fig. 27, 31: 1522 – internal portion with hole/groove), and
the movable part forms a depression that communicates with the opening (Fig. 27: 1522, para. 443 – protrusion of lower coupling portion inserted into hole of 1522).
Regarding Claim 8, Park discloses:
The driving mechanism as claimed in claim 1 (Fig. 23-24), further comprising
a lower resilient element (Fig. 24, 31: 1520 – lower supporting member) and
a wire (Fig. 29, para. 446 – lead lines), wherein the fixed part includes
a housing (Fig. 24: 1100 – cover member) and
a base (Fig. 24: 1430 – base)
connected to each other (Para. 479 – base coupled to cover member), and
the lower resilient element connects the movable part to the base (Fig. 24: 1520 – lower supporting member contacts movable part and base), wherein the driving assembly comprises
a coil (Fig. 24, 28: 1220 – driving coil)
disposed on the movable part (Fig. 24, 28: 1200, para. 433 – movable part includes coil) and
a magnetic element (Fig. 24, 29: 1320 – driving magnet)
disposed on the inner side of the housing (Para. 452 – magnets disposed in housing),
the movable part has a bobbin (Fig. 24, 28: 1210 - bobbin),
the wire is connected between the coil and the bobbin (Fig. 28, para. 446 – lead lines connect coil 1220 to bobbin 1210), and
the lower resilient element has a recessed portion close to the bobbin (Fig. 25: 1210 – bobbin fits into recessed portions of supporting member)
and electrically connected to the wire on the bobbin (Para. 446 – lead lines electrically connected to upper supporting portions).
Regarding Claim 12, Park discloses:
The driving mechanism as claimed in claim 1 (Fig. 23-24), further comprising
a circuit assembly (Fig. 30: 1420 – circuit member), wherein the fixed part includes
a housing (Fig. 24: 1100 – cover member) and
a base (Fig. 24: 1430 – base)
connected to each other (Para. 479 – base coupled to cover member), and
the base has a rib portion (Fig. 30: 1412 – stair portion), wherein
the circuit assembly is affixed to the outer side of the rib portion (Fig. 30: 1412, para. 452 – stair portion fixed to board 1410 with 1420).
Claims 1 & 20 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takashi (JP 2023132242).
Regarding Claim 1, Takashi discloses:
A driving mechanism for moving an optical element that has an optical axis (Title – Lens Drive Device and Camera Module), the driving mechanism comprising:
a fixed part (Fig. 2: 4, FB, 18 – fixed-side member);
a movable part (Fig. 2: 2 – lens holding member),
movably connected to the fixed part for holding the optical element (Para. 41 – lens holding member moves relative to fixed member); and
a driving assembly (Fig. 2: DM – drive unit),
configured for moving the movable part relative to the fixed part (Para. 25 – lens drive device moves lens holder),
Regarding Claim 20, Takashi discloses:
and wherein the movable part has a quadrilateral shape (Fig. 2, 3A – quadrilateral shape), and
a cavity is formed on the top side of the movable part (Fig. 3A, 4A – cavity can be seen in corners next to protrusion 2T) and
located close to a corner of the movable part (Fig. 3A, 4A – located in corners).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to Claim 2 above, and further in view of Takashi (JP-2023132242-A).
Regarding Claim 3, Park discloses:
The driving mechanism as claimed in claim 2 (Park: Fig. 23-24, 27).
However, Park does not disclose: wherein the housing forms a depressed structure that is depressed toward the upper resilient element and connected to the slots of the upper resilient element.
Park and Takashi are related in that they both disclose lens driving mechanisms.
Takashi further discloses that:
the housing forms a depressed structure that is depressed toward the upper resilient element (Takashi: Fig. 7: 4C, para. 14 – recessed stepped portions) and
connected to the slots of the upper resilient element (Takashi: Fig. 7, 15A: 16b – upper leaf spring 14 fits into recessed step portion in cover member).
The benefit of including depressed structures in the housing which connect to slots in the upper resilient element would be to create a space between the top of the upper resilient element and the top of the housing for a lens to enter, without requiring additional parts such as a spacer, as taught by Takashi (Takashi: para. 103 – reduce the number of parts compared to a configuration including a spacer)
Therefore, it would be obvious before the effective filing date of this invention for an ordinarily skilled artisan to include the depressed corner structures of Takashi into the housing of Park’s driving assembly in order to decrease the number of required components in the driving assembly.
Claims 4-5, 9-11, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 1 above, and further in view of Takashi.
Regarding Claim 4, Park discloses:
The driving mechanism as claimed in claim 1 (Park: Fig. 23-24), further comprising
an upper resilient element (Park: Fig. 24, 31: 1510 – supporting member), wherein the fixed part includes
a housing (Park: Fig. 24: 1100 – cover member) and
a base (Park: Fig. 24: 1430 – base)
connected to each other (Para. 479 – base coupled to cover member), and
the upper resilient element connects the housing to the movable part (Park: Fig. 24, para. 453 – upper supporting member coupled to housing, which contacts supporting member).
However, Park does not disclose that the movable part forms a recess and the upper resilient element forms an opening communicating with the recess.
Park and Takashi are related in that they both disclose driving assemblies.
Takashi discloses:
wherein the movable part forms a recess (Takashi: Fig. 3A: 12H – recesses on corners of movable part), and
the upper resilient element forms an opening communicating with the recess (Takashi: Fig. 3A: 12H – near corner).
The benefit of including a recess in the movable part that communicates with an opening in the upper resilient element would be to prevent misalignment of the movable part with the upper resilient element.
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to incorporate the recess of Takashi in the movable part of Park and the opening of Takashi in the upper resilient element of Park in order to prevent misalignment of the upper resilient element and the movable part within the housing.
Regarding Claim 5, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 4 (Park: Fig. 23-24), wherein
the movable part further forms a protrusion located in the recess (Takashi: Fig. 8: AD3 – adhesive placed in each recess 12H).
Park and Takashi are related in that they both disclose driving mechanisms.
The benefit of including a protrusion in a recess of the movable part would be to prevent misalignment of the movable part with the upper resilient element.
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to incorporate the recess and protrusion of Takashi in the movable part of Park in order to prevent misalignment of the upper resilient element and the movable part within the housing.
Regarding Claim 9, Park discloses:
The driving mechanism as claimed in claim 1 (Park: Fig. 23-24), further comprising
a lower resilient element (Park: Fig. 24, 31: 1520 – lower supporting member) and wherein the fixed part includes
a housing (Park: Fig. 24: 1100 – cover member) and
a base (Park: Fig. 24: 1430 – base)
connected to each other (Park: Para. 479 – base coupled to cover member), and
the lower resilient element connects the movable part to the base (Park: Fig. 24: 1520 – lower supporting member contacts movable part and base).
However, Park does not disclose: a conductive member embedded in the base, with the top side of the conductive member exposed to a top side of the base for electrical connection to the lower resilient element.
Park and Takashi are related in that they both disclose driving mechanisms.
Takashi teaches:
a conductive member (Takashi: Fig. 2, 6: 7 – metal member),
the conductive member is embedded in the base (Takashi: Para. 23 – metal member embedded in base), and
an end portion of the conductive member is exposed to a top side of the base for electrical connection to the lower resilient element (Takashi: Para. 63 – connecting portion 7AC joined to lower leaf spring).
The benefit of including a conductive member embedded in the base which can electrically be connected to a lower resilient member would be to connect a power source from the base to a coil, in order to power a driving mechanism, as taught by Takashi (Takashi: para. 24 – coil connected to external power source via lower leaf spring, i.e. lower resilient member, and metal member, i.e. conductive member).
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to incorporate the embedded conductive member of Takashi into the fixed base of Park in order to connect the driving mechanism and coil to an external power source to driver the movable part.
Regarding Claim 10, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 9 (Park: Fig. 23-24), wherein the base has a quadrilateral shape (Park: Fig. 24: 1430 - base), and
the end portion of the conductive member is located at a corner of the base (Takashi: Fig. 6: 18 – metal member disposed on any one of the corners).
Park and Takashi are related in that they both disclose driving mechanisms.
The benefit of placing an end portion of the conductive member at a corner of the base would be to connect a power source from the base to a coil, in order to power a driving mechanism, as taught by Takashi (Takashi: para. 24 – coil connected to external power source via lower leaf spring, i.e. lower resilient member, and metal member, i.e. conductive member).
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to incorporate an end portion of the embedded conductive member of Takashi into a corner of the fixed base of Park in order to connect the driving mechanism and coil to an external power source to driver the movable part.
Regarding Claim 11, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 10 (Park: Fig. 23-24; Takashi: Fig. 6), wherein
the lower resilient element forms an elongated through hole (Takashi: Fig. 5B: 26dt, para. 63 – lower leaf spring includes through hole)
that has a long axis angled relative to a side of the base (Takashi: Fig. 5B: 26dt – rectangular through hole at angle to side), and
the through hole at least partially overlaps the end portion in a direction parallel to the optical axis (Takashi: Fig. 5B: 26dt – through hole overlaps end).
Park and Takashi are related in that they both disclose lens driving mechanisms.
The benefit of including an elongated through hole in the lower resilient element, which overlaps the end portion in a direction parallel to the optical axis, would be to allow connection between the conductive member and the coil and driver, as taught by Takashi (Takashi: para. 64 – lower leaf portion connects to conductive bonding material via through hole 26dt)
Therefore, it would have been obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to include the elongated through hole of Takashi into the lower resilient member of Park in order to allow connection between the conductive member and the coil and driver via said through hole.
Regarding Claim 16, Park discloses:
The driving mechanism as claimed in claim 1 (Park: Fig. 23-24), further comprising
a circuit assembly (Park: Fig. 30: 1420 – circuit member), wherein the fixed part includes
a housing (Park: Fig. 24: 1100 – cover member) and
a base (Park: Fig. 24: 1430 – base)
connected to each other (Park: Para. 479 – base coupled to cover member), and
the circuit assembly is disposed on the base (Park: Para. 468-469 – circuit board + member on upper surface of base).
However, Park does not disclose that: the conductive member is embedded in the base and electrically connected to the circuit assembly.
Takashi discloses that there is:
a conductive member (Takashi: Fig. 2, 6: 7 – metal member) and
the conductive member is embedded in the base (Takashi: Para. 23 – metal member embedded in base).
However, the conductive member of Takashi is not connected to a circuit assembly in the driving mechanism.
For a circuit assembly to work, it must be connected to a power source. Under the combination of Park’s driving mechanism with a circuit assembly disposed on the base, and Takashi’s conductive member embedded in the base, the benefit of electrically connecting the circuit assembly to the conductive member in the base would be to power the circuit assembly using a power source connected to the conductive member.
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to embed the conductive member of Takashi into the base (with a circuit assembly disposed on said base) of Park and electrically connect these elements, in order to electrically power the circuit assembly using a power source.
Regarding Claim 17, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 16 (Park: Fig. 23-24).
Park does not disclose that there is a conductive member where an end of the conductive member forms an L-shaped structure.
Park and Takashi are related in that they both disclose driving mechanisms.
Takashi discloses:
wherein an end of the conductive member forms an L-shaped structure (Takashi: Fig. 6: 7DP – L-shaped corner portion of metal member).
The benefit of making an end of the conductive member embedded in the base form an L-shaped structure would be to match the shape of the base and the lower resilient member so it can fit in within the housing.
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to insert the L-shaped end portion of the conductive member of Park-Takashi into the base of Park in order to fit inside of the housing.
Regarding Claim 18, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 17 (Park Fig. 23-24).
Park does not disclose that: the conductive member is embedded in the base by insert molding.
Park and Takashi are related in that they both disclose driving mechanisms.
Takashi discloses:
wherein the conductive member is embedded in the base by insert molding (Takashi: Para. 23 – metal member embedded in base).
The benefit of including a conductive member embedded in the base which can electrically be connected to a lower resilient member would be to connect a power source from the base to a coil, in order to power a driving mechanism, as taught by Takashi (Takashi: para. 24 – coil connected to external power source via lower leaf spring, i.e. lower resilient member, and metal member, i.e. conductive member).
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to incorporate the embedded conductive member of Takashi into the fixed base of Park in order to connect the driving mechanism and coil to an external power source to driver the movable part.
Moreover, the further limitations of claim 18 are directed to method steps of making the device, and it could have been made using an alternative method such as etching or additive manufacturing. The method limitations are not germane to patentability pursuant to MPEP §2112.02, since it has been held that “'[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.' In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).”
Regarding Claim 19, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 18 (Park: Fig. 23-24), wherein
the base has a rib portion (Park: Fig. 30: 1412 – stair portion), and
the circuit assembly is affixed to the outer side of the rib portion (Park: Fig. 30, para. 472 – stair portion 1412 fixed to board 1410 with 1420), wherein
a groove (Park: Fig. 30: 1412 – grooves seen in stair portion) and
a sloped surface (Park: Fig. 30: 1412 – sloped surface seen on stair portion)
are formed on the inner side of the rib portion (Park: Fig. 30: 1412 – stair portion is disposed on inner part of housing), and
the sloped surface is located in the groove (Park: Fig. 30: 1412 – sloped surface in grooves).
Park does not disclose that there is an L-shaped conductive structure or that the grooved rib portion is positioned adjacent to a corner of the L-shaped structure.
Park and Takashi are related in that they both disclose driving mechanisms.
Takashi discloses that: there is an L-shaped conductive structure embedded in the base of the driving mechanism (Takashi: Fig. 6: 7DP – L-shaped corner portion of metal member). As a result, under the Park-Takashi combination, the rib portion and circuit assembly of Park are affixed to each other, and the L-shaped structure of Takashi is a conductive member positioned to be electrically connected to other members in the driving mechanism in order to power them. A circuit assembly requires power in order to function. The benefit of disposing an L-shaped end of a conductive structure embedded in the base next to a rib-shaped portion connected to a circuit assembly would be to ensure that the circuit assembly can easily access power from the conductive member.
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to place the L-shaped conductive member of Takashi adjacent to the rib portion (connected to a circuit assembly) of Park, in order to electrically connect the circuit affixed to the rib portion to a power source.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Park as applied to claim 12 above, and further in view of Takashi.
Regarding Claim 13, Park discloses:
The driving mechanism as claimed in claim 12 (Park: Fig. 23-24), wherein the base further has
a bottom surface (Park: Fig. 30: 1430 – base has bottom surface), and
the circuit assembly abuts the bottom surface (Park: Para. 468-469 – circuit board + member on upper surface of base).
Park does not disclose that the base has a left restricting surface, and a right restricting surface adjacent to the rib portion, and that it abuts one of the left and right restricting surfaces.
Park and Takashi are related in that they both disclose driving mechanisms.
Takashi discloses that the base has:
a left restricting surface (Takashi: Fig. 6: 18WB – rear wall), and
a right restricting surface (Takashi: Fig. 6: 18WF – front wall).
The benefit of placing one of the left or right restricting surfaces to abut the rib portion would be to improve structural stability at the base of the driving mechanism.
Therefore, it would be obvious before the effective filing date of the claimed invention for an ordinarily skilled artisan to place Takashi’s left and right restricting surfaces adjacent to the rib portion on the base of Park’s driving mechanism, in order to improve the structural stability at the base.
Regarding Claim 14, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 13 (Park: Fig. 23-24; Takashi: Fig. 6), wherein
the circuit assembly comprises a circuit board (Park: Para. 468-469 – circuit member coupled with circuit board).
Regarding Claim 15, the Park-Takashi combination discloses:
The driving mechanism as claimed in claim 14 (Park: Fig. 23-24; Takashi: Fig. 6), further comprising
a magnet (Park: Fig. 24, 29: 1320 – driving magnet)
disposed on the movable part (Park: Para. 452 – magnets disposed in housing) and
a magnetic field sensor (Park: Fig. 24, 29: 1800 – second sensor)
disposed on the circuit assembly for detecting the position of the magnet (Park: Para. 576 – disposed on base adjacent to circuit member).
Conclusion
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/C.A.P./Examiner, Art Unit 2871
/JENNIFER D. CARRUTH/Supervisory Patent Examiner, Art Unit 2871
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