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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “in Fig. 5A: 1220” has been used to designate both first movable portion and second movable portion. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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
Claim 1 of this application is patentably indistinct from claim 1 of Application No. 18/979,916. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 18/979,916. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Current App No. 18/979,436
Copending App 18/979,916
1. An optical element driving mechanism, comprising: a first movable portion used for connecting an optical element; a fixed portion, wherein the first movable portion is movable relative to the fixed portion; and a driving assembly used for driving the first movable portion to move relative to the fixed portion.
1. An optical element driving mechanism, comprising: a first movable portion used for connecting an optical element; a fixed portion, wherein the first movable portion is movable relative to the fixed portion; and a driving assembly used for driving the first movable portion to move relative to the fixed portion.
Claim 1 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 18/978,558. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Current App No. 18/979,436
Copending App 18/978,558
1. An optical element driving mechanism, comprising: a first movable portion used for connecting an optical element; a fixed portion, wherein the first movable portion is movable relative to the fixed portion; and a driving assembly used for driving the first movable portion to move relative to the fixed portion.
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.
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)(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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon et al. US 2022/0353416.
Regarding claim 1, Kwon teaches an optical element driving mechanism (see at least Fig. 13: 20), comprising:
a first movable portion used for connecting an optical element (Figs. 13 and 15, paras. 0080-0082,0220: carrier 730 receives and fixed lens barrel 710 containing at least one lens);
a fixed portion, wherein the first movable portion is movable relative to the fixed portion (Figs. 13-17, paras. 0219-0222, 0233-0235: housing 600 accommodates carrier 730, and carrier 730 is movable relative to housing 600 along the optical axis (Z-axis)); and
a driving assembly used for driving the first movable portion to move relative to the fixed portion (para 0224-0233: teaches second driver 800 including magnet 810 mounted on carrier 730 and coil 830 fixed to housing 600 through substrate 890, and electromagnetically moves carrier 730 relative to housing 600 along the optical axis (Z-axis)).
Regarding claim 2, Kwon teaches the optical element driving mechanism as claimed in claim 1, further comprising a supporting assembly, wherein the first movable portion is movably connected to the fixed portion through the supporting assembly (paras. 0235, 0238-0240, 260: teaches second ball member B2 is positioned between carrier 730 and housing 600 and supports rolling movement of carrier relative to housing 600), and
the supporting assembly comprises:
a first intermediate element (Fig. 13: a ball of first ball group BG1);
a first corresponding portion corresponding to the first intermediate element (Fig. 13: the carrier portion 730 defining the first groove g1);
a first supporting portion corresponding to the first intermediate element (Fig. 16: the housing portion 600 defining third groove g3);
a second intermediate element (Fig. 13: a ball of second ball group BG2);
a second corresponding portion corresponding to the second intermediate element (Fig. 13: the carrier portion 730 defining the second groove g2); and
a second supporting portion corresponding to the second intermediate element (Fig. 16: the housing portion 600 defining fourth groove g4).
Regarding claim 3, Kwon teaches the optical element driving mechanism as claimed in claim 2, wherein: the first intermediate element is movable relative to at least one of the first corresponding portion and the first supporting portion; the second intermediate element is movable relative to at least one of the second corresponding portion and the second supporting portion (paras. 0235, 0260: teaches that during focusing the balls of first ball group BG1 and second ball group BG2 move in a rolling motion along the optical/Z-axis between the respective carrier side and housing side grooves as carrier 730 moves, thus balls moves relative to grooves g1/g3 and g2/g4 ).
Regarding claim 4, Kwon teaches the optical element driving mechanism as claimed in claim 3, wherein: the first supporting portion comprises a first groove used for accommodating the first intermediate element, and the first groove extends along a first axis (paras. 0241-0243: discloses housing side first supporting portion defines third groove g3, which accommodates first ball group BG1 and extends along the optical/Z axis);
the second supporting portion comprises a second groove used for accommodating the second intermediate element, and the second groove extends along the first axis (see paras. 0241, 0244-0245: the housing side second supporting portion defines fourth groove g4, which accommodates second ball group BG2 and extends along the optical/Z-axis);
a length of the first groove is different from a length of the second groove (paras. 0263-0264, Figs. 13, 16-17: teaches the lengths of fourth groove g4 along the optical axis is greater than the length of the third groove g3).
Regarding claim 5, Kwon teaches the optical element driving mechanism as claimed in claim 4, wherein: the first groove comprises a first starting end and a first ending end located on opposite sides of the first groove; the second groove comprises a second starting end and a second ending end located on opposite sides of the second groove; a non-zero gap is between the first starting end and the second starting end along the first axis; a non-zero gap is between the first ending end and the second ending end along the first axis (see Fig. 15, g1 is shorter than g2, and portion of the lower part of g2 has non-zero gap comparing to g1 since it is longer than g1).
Regarding claim 6, Kwon teaches the optical element driving mechanism as claimed in claim 5, wherein: the length of the first groove is greater than the length of the second groove (para. 00263-0264: fourth groove g4 is longer than third groove g3 along the optical axis);
the first corresponding portion comprises a first contact surface, a second contact surface, and a first connecting surface (para 0245: teaches that each ball of BG2 contacts carrier side groove g2 at two distinct contact points, i.e., the two groove wall regions contacted by the ball corresponds to the first and second contact surfaces, while the recessed groove surface extending between those contact regions corresponds to the first connecting surface);
the first connecting surface is located between the first contact surface and the second contact surface and connects the first contact surface and the second contact surface (Fig. 13: recessed surface of groove g2 is positioned between and structurally connects the two opposed groove wall contact regions);
the first contact surface directly contacts the first intermediate element; the second contact surface directly contacts the first intermediate element (para 0245: teaches that each ball of BG2 is in two point contact with second groove g2);
the first contact surface and the second contact surface are spaced apart from each other (the two distinct contact locations on opposite portions of groove g2 are spatially separated); a gap is between the first connecting surface and the first intermediate element (because the ball has only two point contact with groove g2 the intervening recessed portion between the two contact locations is necessarily spaced from the ball, thereby forming gap).
Regarding claim 7, Kwon teaches the optical element driving mechanism as claimed in claim 6, wherein: the first corresponding portion further comprises a third contact surface, a fourth contact surface, and a second connecting surface (paras. 0245-0248, Figs. 13 and 17: ball group BG2 includes three or more balls arranged along the optical axis, and each ball contact carrier side groove g2 at two distinct contact locations);
the second connecting surface is between the third contact surface and the fourth contact surface and connects the third contact surface and the fourth contact surface (the recessed portion of groove g2 extends between and joins the two opposed groove wall contact regions);
the third contact surface directly contacts the first intermediate element; the fourth contact surface directly contacts the first intermediate element; the third contact surface and the fourth contact surface are spaced apart from each other (para 0245: each ball of BG2 is in two-point contact with two spatially separated portions of groove g2).
Regarding claim 8, Kwon teaches the optical element driving mechanism as claimed in claim 7, wherein: the first contact surface and the third contact surface are spaced apart from each other; the first contact surface and the third contact surface are arranged along the first axis (paras. 0245-0248, fig. 13, 17: different balls of BG2 are positioned at different locations along the optical axis and contact axially spaced portions of one side of groove g2); the second contact surface and the fourth contact surface are spaced apart from each other; the second contact surface and the fourth contact surface are arranged along the first axis (paras. 0245, 0246 and 0248: same axially spaced balls contact corresponding axially spaced portions of the opposite side of groove g2, Kwon expressly states that BG2 includes three or more balls arranged along the optical axis and that teach ball has two-point contact with the groove g2).
Regarding claim 9, Kwon teaches the optical element driving mechanism as claimed in claim 8, wherein: the second corresponding portion comprises a protruding portion and a fifth contact surface (Fig. 13: the carrier side portion defining groove g1 includes a raised groove wall or ridge projecting from carrier 730 toward first ball group BG1, thus the ball-facing surface of that groove wall corresponds to the fifth contact surface); the fifth contact surface directly contacts the second intermediate element (para 0243:each ball of BG1 is in one-point contact with groove g1 while being in two-point contact with opposing groove g2); the fifth contact surface is on the protruding portion; the protruding portion protrudes toward the second intermediate element (paras. 0242-0243, fig. 13: the raised wall or ridge defining groove g1 projects from carrier 730 toward BG1 with its ball facing surface contacting BG1).
Regarding claim 10, Kwon teaches the optical element driving mechanism as claimed in claim 9, wherein: the second corresponding portion further comprises a first buffer surface and a second buffer surface; the fifth contact surface is between the first buffer surface and the second buffer surface; the fifth contact surface, the first buffer surface, and the second buffer surface face the second intermediate element; normal vectors of the fifth contact surface, the first buffer surface, and the second buffer surface extend in a same direction; the first buffer surface and the second buffer surface are spaced apart from the second intermediate element (paras 0241-0243, Figs. 13 and 17: in the embodiment where each ball of BG1 makes one-point contact with groove g1, a planar longitudinal wall of g1 includes a tangent contact region and adjoining non-contacting regions located above and below the contact region along the Z-axis, and the tangent region corresponds to the fifth contact surface, while the adjoining coplanar regions corresponds to the first and second buffer surface, because the spherical ball contacts the wall only at the tangent regions, the adjoining buffer regions are spaced from the ball).
Regarding claim 11, Kwon teaches the optical element driving mechanism as claimed in claim 10, and Kwon further teaches wherein: the driving assembly comprises a first coil and a first magnetic element corresponding to the first coil; the fixed portion comprises a bottom; the bottom comprises a first positioning portion; the first coil is affixed on the first positioning portion (see Fig. 13 and paras. 0224-0233: teaches magnet 810 and coil 830 and housing 600 provided with extension part 620 to hold coil 830).
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) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon as applied to claim 13 above, and further in view of Kao et al. US 2019/0227199.
Regarding claim 12, Kwon teaches the optical element driving mechanism as claimed in claim 11, but fails wherein: the first positioning portion comprises a first positioning element and a second positioning element; the first positioning element and the second positioning element are arranged along a second axis; the first coil is strip-shaped and extends along the second axis.
In the same field of endeavor, Kao teaches first positioning portion comprising a first positioning element and a second positioning element (see Fig. 343 and para 1100: two positioning structures 22-37 extend along an axis perpendicular to the optical axis 22-O to hold coil 22-41). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the optical element of Kwon by providing the two positioning elements as taught by Kao in order to accurately position coils relative to the magnet and also prevent lateral movement/displacement of the coil during assembly operation.
Regarding claim 13, the combination of Kwon and Kao teaches the optical element driving mechanism as claimed in claim 12, and Kao teaches further comprising: a first reinforcement element corresponding to the first coil (see para 1085 and Fig. 339: magnetically permeable plate 22-52 corresponding to the coil 22-41); a first electronic element disposed between the first positioning element and the second positioning element; and a first protective element (see Fig. 341 and para 1097: teaches position sensor 22-82, such as Hall sensor, disposed between positioning columns 22-32, and that center connecting line 22-C between the positioning columns 22-32 passes through the sensor, i.e., sensor 22-82 corresponds to the claimed first electronic element positioned between the first and second positioning element, and Fig 342 and para 1099: teaches insulating bonding material 22-92 contacting driving coil 22-41 and securing sensor 22-82 while the surrounding positioning columns protect the sensor against collision).
Regarding claim 14, the combination of Kwon and Kao teaches the optical element driving mechanism as claimed in claim 13, and Kwon further teaches wherein: when viewed along a winding axis of the first coil, the first reinforcement element and the first coil at least partially overlap each other (Fig. 13 and para 0236: teaches coil 830 disposed on one surface of substrate 890 and yoke 870 disposed on the opposite surface, coil 830 and yoke 870 aligned across substrate 890. Therefore, when viewed along the winding axis of coil 830 perpendicular to the plane of the coil, coil 830 and yoke 870 at least partially overlap); when viewed along the winding axis of the first coil, the first reinforcement element and the first positioning portion at least partially overlap each other; the first positioning portion and the first reinforcement element comprise different materials; the first reinforcement element comprises metal (paras. 0236-0237: teaches that yoke 870 generates magnetic attractive force with magnet, which it infers yoke is metal material).
Allowable Subject Matter
Claims 15-20 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.
15. The optical element driving mechanism as claimed in claim 14, wherein: the first protective element directly contacts the first coil; the first protective element directly contacts the first positioning element; the first protective element directly contacts the second positioning element; a shortest distance between the first protective element and the first magnetic element is greater than a shortest distance between the first positioning element and the first magnetic element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EPHREM ZERU MEBRAHTU whose telephone number is (571)272-8386. The examiner can normally be reached 10 am -6 pm (M-F).
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/EPHREM Z MEBRAHTU/Primary Examiner, Art Unit 2872
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