Prosecution Insights
Last updated: April 18, 2026
Application No. 18/944,684

MODULE DRIVING DEVICE

Non-Final OA §103
Filed
Nov 12, 2024
Examiner
CUTLER, ALBERT H
Art Unit
2637
Tech Center
2600 — Communications
Assignee
Alps Alpine Co., Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
811 granted / 1024 resolved
+17.2% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
33 currently pending
Career history
1057
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
29.0%
-11.0% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1024 resolved cases

Office Action

§103
DETAILED ACTION This office action is responsive to application 18/944,684 filed on November 12, 2024. Claims 1-10 are pending in the application and have been examined by the examiner. Information Disclosure Statement The Information Disclosure Statements (IDS) filed on 11/12/2024 and 4/22/2025 were received and have been considered by the Examiner. Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1, 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Jun (US 2022/0086311) in view of Chen et al. (US 2024/0098349). Consider claim 1, Jun teaches: A module driving device (figures 2-11), comprising: a module holder (second rotating case, 130) configured to hold an optical module (sub-module, 160, paragraph 0061) including a lens body (lens holder, 164, paragraph 0078); a connection member (first rotating case, 120, paragraph 0061) connected to the module holder (130) such that the module holder (130) is rockable about a first axial line that crosses a direction of an optical axis (“For example, the second rotating case 130 may be installed in the first rotating case 120 so as to be rotatable about the second rotation shafts 104.” paragraph 0072); a fixed-side member (fixed case, 110, paragraph 0061) connected to the connection member (120) such that the connection member (120) is rockable about a second axial line that crosses the direction of the optical axis and is perpendicular to an axial line direction of the first axial line (“For example, the first rotating case 120 may be installed on/using the first rotation shafts 102 to rotate about the first rotation shafts 102.” paragraph 0066, see figures 3-5 and 9-11); and a driver (first driving wire, 140, second driving wire, 150, paragraph 0061) including a plurality of shape memory alloy wires (see paragraphs 0074 and 0076) configured to move the module holder (130) relative to the fixed-side member (110, see figures 9-11, paragraphs 0075 and 0077), wherein two first supports (second rotation shafts, 104) are fixed to a first member (120, paragraph 0072) and disposed so as to face each other across the optical axis, in the axial line direction of the first axial line (see figure 5), the first member being one of the connection member (120, paragraph 0072, see figure 5), at least a surface of the two first supports (104) that faces a second member (130) is formed as a projecting curved surface (see figure 5), the second member being another of the module holder (130) (see figure 5, paragraph 0072), and the module holder (130) and the connection member (120) are disposed to overlap with each other in the direction of the optical axis via the two first supports (see figures 5 and 9-11, paragraph 0072). However, Jun does not explicitly teach that the optical module includes an imaging element or that the two first supports are formed of a metal or ceramic. Chen et al. similarly teaches a device housing (102) for image capture (see paragraph 0019), wherein the device housing (102) includes a tilt structure (104) for enabling rotation thereof (see paragraph 0022). However, Chen et al. additionally teaches that the device housing includes an imaging element (imaging device, 140, paragraphs 0019 and 0020), and that the tilt structure (104) is made of metal (“For example, the tilt structure 104, the swivel structure 106, and/or the rail structure 108 can be of a metal material to allow for tilting of the housing 102 (e.g., via the tilt structure 104), rotation of the housing 102 (e.g., via the swivel structure 106), and/or translation of the housing 102 (e.g., via the rail structure 108) for a lifecycle of the apparatus 100 without structural failure of either the tilt structure 104, the swivel structure 106, and/or the rail structure 108.” paragraph 0026). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the optical module and two first supports taught by Jun comprise an imaging element and a metallic material, respectively, as taught by Chen et al. for the benefit of enabling video conferencing and still image capture (Chen et al., paragraph 0019) while preventing structural failure and improving heat dissipation (Chen et al., paragraph 0026). Consider claim 2, and as applied to claim 1 above, Jun further teaches that two second supports (first rotational shafts, 102) are fixed to a third member (110) and disposed so as to face each other across the optical axis (see figure 4, paragraphs 0065 and 0066), in an axial line direction of the second axial line (see figure 4), the third member being one of the fixed-side member (110), at least a surface of the two second supports (102) that faces a fourth member (120) is formed as a projecting curved surface (see figure 4), the fourth member being another of the connection member (120), and the connection member (120) and the fixed-side member (110) are disposed to overlap with each other in the direction of the optical axis (see figures 4 and 9-11) via the two second supports (102, see figures 4 and 9-11, and paragraphs 0065-0067). However, Jun does not explicitly teach that the two second supports (102 are formed of a metal or ceramic. Chen et al. similarly teaches a device housing (102) for image capture (see paragraph 0019), wherein the device housing (102) includes a tilt structure (104) for enabling rotation thereof (see paragraph 0022). However, Chen et al. additionally teaches that the tilt structure (104) is made of metal (“For example, the tilt structure 104, the swivel structure 106, and/or the rail structure 108 can be of a metal material to allow for tilting of the housing 102 (e.g., via the tilt structure 104), rotation of the housing 102 (e.g., via the swivel structure 106), and/or translation of the housing 102 (e.g., via the rail structure 108) for a lifecycle of the apparatus 100 without structural failure of either the tilt structure 104, the swivel structure 106, and/or the rail structure 108.” paragraph 0026). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the two second supports taught by Jun be made of a metallic material as taught by Chen et al. for the benefit of preventing structural failure and improving heat dissipation (Chen et al., paragraph 0026). Consider claim 7, and as applied to claim 1 above, Jun further teaches that the plurality of shape memory alloy wires (140, 150) included in the driver include a plurality of first shape memory alloy wires (150) that are provided between a first movable portion including the module holder (130) and a second movable portion including the connection member (120, see figures 3 and 7), and a plurality of second shape memory alloy wires (140) that are provided between the second movable portion (120) and the fixed-side member (110, see figures 3 and 7), the first shape memory alloy wires (150) are disposed such that a straight line passing through one end and another end of the first shape memory alloy wires is substantially parallel to the second axial line as viewed along the direction of the optical axis (see figures 3 and 7), the second shape memory alloy wires (140) are disposed such that a straight line passing through one end and another end of the second shape memory alloy wires is substantially parallel to the first axial line as viewed along the direction of the optical axis (see figures 3 and 7), and the one end and the another end of the first shape memory alloy wires (150) and the second shape memory alloy wires (140) are at positions different in the direction of the optical axis (see figures 3 and 7). Allowable Subject Matter Claims 3-6 and 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Consider claim 3, the prior art of record does not teach nor reasonably suggest that the two first supports and the two second supports are formed by a spherical body, in combination with the other elements recited in parent claims 1 and 2. Consider claim 4, the prior art of record does not teach nor reasonably suggest that the module holder includes a support-mounting portion that is disposed below the connection member, the two first supports are disposed above the support-mounting portion, and the two first supports and the two second supports are fixed on a lower side of the connection member, in combination with the other elements recited in parent claims 1 and 2. Consider claim 5, the prior art of record does not teach nor reasonably suggest that the two first supports and the two second supports are formed of a magnetic material, a magnet is fixed to the second member, which is the another of the module holder or the connection member, at a position apart from the two first supports in the direction of the optical axis, the magnet being configured to exert an attractive force between the second member and the two first supports, and a magnet is fixed to the fourth member, which is the another of the connection member or the fixed-side member, at a position apart from the two second supports in the direction of the optical axis, the magnet being configured to exert an attractive force between the fourth member and the two second supports, in combination with the other elements recited in parent claims 1 and 2. Consider claim 6, the prior art of record does not teach nor reasonably suggest that A) the module holder and the connection member are configured to be rotatable relative to each other, centered on the optical axis, a first groove having an arc shape in a plan view is formed in the second member, which is the another of the module holder or the connection member, and the two first supports slide on the first groove during relative rotation; B) the connection member and the fixed-side member are configured to be rotatable relative to each other, centered on the optical axis, a second groove having an arc shape in a plan view is formed in the fourth member, which is the another of the connection member or the fixed-side member, and the two second supports slide on the second groove during relative rotation; or C) the module holder and the connection member are configured to be rotatable relative to each other, centered on the optical axis, a first groove having an arc shape in a plan view is formed in the second member, which is the another of the module holder or the connection member, the two first supports slide on the first groove during relative rotation, the connection member and the fixed-side member are configured to be rotatable relative to each other, centered on the optical axis, a second groove having an arc shape in a plan view is formed in the fourth member, which is the another of the connection member or the fixed-side member, and the two second supports slide on the second groove during relative rotation, in combination with the other elements recited in parent claims 1 and 2. Consider claim 8, the prior art of record does not teach nor reasonably suggest that the one end and the another end of the first shape memory alloy wires are positioned on different sides of a first imaginary plane that is perpendicular to the second axial line and includes the first axial line, the one end and the another end of the second shape memory alloy wires are positioned on different sides of a second imaginary plane that is perpendicular to the first axial line and includes the second axial line, in a plan view along the direction of the optical axis, one of the one end or the another end of the first shape memory alloy wires is at a position that is near the first axial line and at which a distance between the first axial line and one of the one end or the another end of the first shape memory alloy wires is smaller than a distance between the first axial line and the another of the one end or the another end of the first shape memory alloy wires, and in the plan view along the direction of the optical axis, one of the one end or the another end of the second shape memory alloy wires is at a position that is near the second axial line and at which a distance between the second axial line and one of the one end or the another end of the second shape memory alloy wires is smaller than a distance between the second axial line and another of the one end or the another end of the second shape memory alloy wires, in combination with the other elements recited in parent claims 1 and 7. Consider claim 9, the prior art of record does not teach nor reasonably suggest that the first shape memory alloy wires include a first wire and a second wire that are disposed so as to cross each other as viewed along the first axial line, and, as viewed along the first axial line, a first crossing point between a straight line passing through one end and another end of the first wire and a straight line passing through one end and another end of the second wire is at a position different from the first axial line, and the second shape memory alloy wires include a third wire and a fourth wire that are disposed so as to cross each other as viewed along the second axial line, and, as viewed along the second axial line, a second crossing point between a straight line passing through one end and another end of the third wire and a straight line passing through one end and another end of the fourth wire is at a position different from the second axial line, in combination with the other elements recited in parent claims 1 and 7. Claim 10 contains allowable subject matter as depending from claim 9. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2021/0318592) teaches a camera module (figures 2-6) comprising ball bearings (316) for enabling rotation (paragraph 0143). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT H CUTLER whose telephone number is (571)270-1460. The examiner can normally be reached approximately Mon - Fri 8:00-4:30. 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, Sinh Tran can be reached at (571)272-7564. 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. /ALBERT H CUTLER/Primary Examiner, Art Unit 2637
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Prosecution Timeline

Nov 12, 2024
Application Filed
Apr 07, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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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
79%
Grant Probability
99%
With Interview (+21.3%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1024 resolved cases by this examiner. Grant probability derived from career allow rate.

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