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 .
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
Claim 1 line 2 should end in a semi-colon rather than a colon
Claim 8 line 12 should end in a semi-colon rather than a period
Appropriate correction is required.
Double Patenting
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.
Claims 1-3 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-3 of copending Application No. 18989850 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Instant Application 18989509
Reference Application 18989850
Claim No.
Claim Language
Claim No.
Claim Language
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
2
The optical element driving mechanism as claimed in claim 1, wherein
the fixed assembly includes a casing and a base;
the casing is fixedly
connected to the base along a main axis;
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening;
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening; and
the first opening is connected to the second opening;
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then is emitted from the optical element and the second opening along the first axis;
the movable assembly includes a first movable part and a second movable part;
the first movable part is movably connected to the second movable part;
the second movable part is movably connected to the base.
2
The optical element driving mechanism as claimed in claim 1, wherein
the fixed assembly includes a casing and a base;
the casing is fixedly connected to the base along a main axis;
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening;
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening; and
the first opening is connected to the second opening;
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then the external light is emitted from the optical element and the second opening along the first axis;
the movable assembly includes a first movable part and a second movable part;
the first movable part is movably connected to the second movable part; and
the second movable part is movably connected to the base.
3
The optical element driving mechanism as claimed in claim 2, wherein
the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part;
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion; and
the first connecting terminal is fixedly connected to the first movable part, the second connecting terminal is fixedly connected to the second movable part, and the first flexible portion is connected between the first connecting terminal and the second connecting terminal.
3
The optical element driving mechanism as claimed in claim 2, wherein
the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part;
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion; and
the first connecting terminal is fixedly connected to the first movable part, the second connecting terminal is fixedly connected to the second movable part, and the first flexible portion is connected between the first connecting terminal and the second connecting terminal.
Claim 1 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 18989651 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. See the claim correspondence table below:
Instant Application 18989509
Reference Application 18989651
Claim No.
Claim Language
Claim No.
Claim Language
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly;
and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,449,628. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 18989509
Reference U.S. Patent No. 12,449,628
Claim No.
Claim Language
Claim No.
Claim Language
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element,
wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
1
An optical component driving mechanism, comprising:
a frame
a first holder connecting a first optical component
having a first optical axis;
wherein the first holder is movable relative to the frame;
a first driving assembly configured to drive the first holder to move relative to the frame;
a frame comprising a first accommodating space for accommodating the first holder,
a first circuit assembly electrically connected to the first driving assembly, wherein the first circuit assembly is electrically connected to the first optical component, the first optical component and the first circuit assembly at least partially overlap when viewed along the first optical axis, and the first circuit assembly is fixedly connected to the first holder; and
a base fixedly connected to the frame, wherein the base is adjacent to the first accommodating space, the base has a metal material;
wherein the base further comprises a stopper portion for limiting the range of motion of the first holder, the stopper portion has a metal material, the stopper portion is located between the first holder and the first circuit assembly when viewed along a first axis perpendicular to the first optical axis; wherein the stopper portion, the first holder, and the first circuit assembly at least partially overlap when viewed along the first optical axis.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Examiner notes that in the table above, the italicized text represents what the Examiner deems are verbiage related to matters of form but not context, the bolded text represents difference in positively recited structural limitations, and the bold underlined text represents what the Examiner deems are the same structure written in a different manner. As can be seen by the table above, claim 1 of the instant application is anticipated by claim 1 of the reference patent.
Claims 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18989850 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 18989509
Reference Application 18989650
Claim No.
Claim Language
Claim No.
Claim Language
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
2
The optical element driving mechanism as claimed in claim 1, wherein
the fixed assembly includes a casing and a base;
the casing is fixedly connected to the base along a main axis;
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening;
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening; and
the first opening is connected to the second opening;
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then is emitted from the optical element and the second opening along the first axis;
the movable assembly includes a first movable part and a second movable part;
the first movable part is movably connected to the second movable part;
the second movable part is movably connected to the base.
2
The optical element driving mechanism as claimed in claim 1, wherein
the fixed assembly includes a casing and a base;
the casing is fixedly connected to the base along a main axis;
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening;
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening; and
the first opening is connected to the second opening;
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then the external light is emitted from the optical element and the second opening along the first axis;
the movable assembly includes a first movable part and a second movable part;
the first movable part is movably connected to the second movable part; and
the second movable part is movably connected to the base.
3
The optical element driving mechanism as claimed in claim 2, wherein
the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part;
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion; and
the first connecting terminal is fixedly connected to the first movable part, the second connecting terminal is fixedly connected to the second movable part, and the first flexible portion is connected between the first connecting terminal and the second connecting terminal.
3
The optical element driving mechanism as claimed in claim 2, wherein
the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part;
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion; and
the first connecting terminal is fixedly connected to the first movable part, the second connecting terminal is fixedly connected to the second movable part, and the first flexible portion is connected between the first connecting terminal and the second connecting terminal.
4
The optical element driving mechanism as claimed in claim 3, wherein
the optical element driving mechanism further includes a second elastic member which is connected between the second movable part and the base;
the second elastic member has a third connecting terminal, a fourth connecting terminal and a second flexible portion;
the third connecting terminal is fixedly connected to the second movable part, the fourth connecting terminal is fixedly connected to the base, and the second flexible portion is connected between the third connecting terminal and the fourth connecting terminal;
the first elastic member is located on a top side of the movable assembly;
the second elastic member is located on a rear side of the movable assembly;
the second connecting terminal has a plate-shaped structure and is located on a first plane;
the third connecting terminal has a plate-shaped structure located on a second plane; and
the first plane is not parallel to the second plane.
4
The optical element driving mechanism as claimed in claim 3, wherein
the optical element driving mechanism further includes a second elastic member which is connected between the second movable part and the base;
the second elastic member has a third connecting terminal, a fourth connecting terminal and a second flexible portion;
the third connecting terminal is fixedly connected to the second movable part, the fourth connecting terminal is fixedly connected to the base, and the second flexible portion is connected between the third connecting terminal and the fourth connecting terminal;
5
The optical element driving mechanism as claimed in claim 4, wherein
when viewed along the main axis, the first connecting terminal is located between the corresponding first guiding element and the second connecting terminal;
the first elastic member is located on a top side of the movable assembly;
the second elastic member is located on a rear side of the movable assembly;
the second connecting terminal has a plate-shaped structure and is located on a first plane;
the third connecting terminal has a plate-shaped structure and is located on a second plane; and
and the first plane is not parallel to the second plane.
5
The optical element driving mechanism as claimed in claim 4, wherein
the driving assembly includes a first driving element and a first coil;
the first driving element is disposed at the first movable part;
the optical element driving mechanism further includes a circuit assembly, and the first coil is disposed on the circuit assembly; and
the first driving element is configured to act with the first coil to generate a first electromagnetic driving force to drive the first movable part to rotate around a first rotating axis relative to the second movable part.
6
The optical element driving mechanism as claimed in claim 5, wherein
the driving assembly includes a first driving element and a first coil;
the first driving element is disposed on the first movable part;
the optical element driving mechanism further includes a circuit assembly, and the first coil is disposed on the circuit assembly; and
the first driving element is configured to act with the first coil to generate a first
electromagnetic driving force to drive the first movable part to rotate around a first rotating axis relative to the second movable part.
6
The optical element driving mechanism as claimed in claim 5, wherein
the driving assembly further includes a second driving element, a third driving element, a second coil and a third coil;
the second driving element and the third driving element are disposed on the second movable part;
the second coil is disposed on the base;
the third coil is disposed on the circuit assembly;
the second driving element is configured to act with the second coil to generate a second electromagnetic driving force, and the third driving element is configured to act with the third coil to generate a third electromagnetic driving force, so that the second electromagnetic driving force and the third electromagnetic driving force cooperatively drives the first movable part and the second movable part to rotate around a second rotating axis relative to the base; the first rotating axis is perpendicular to the second rotating axis; the first rotating axis is perpendicular to the first axis; and the second rotating axis is parallel to the main axis.
7
The optical element driving mechanism as claimed in claim 6, wherein
the driving assembly further includes a second driving element, a third driving element, a second coil and a third coil;
the second driving element and the third driving element are disposed on the second movable part;
the second coil is disposed on the base;
the third coil is disposed on the circuit assembly;
the second driving element is configured to act with the second coil to generate a second electromagnetic driving force, and the third driving element is configured to act with the third coil to generate a third electromagnetic driving force, so that the second electromagnetic driving force and the third electromagnetic driving force cooperatively drive the first movable part and the second movable part to rotate around a second rotating axis relative to the base; the first rotating axis is perpendicular to the second rotating axis; the first rotating axis is perpendicular to the first axis; and the second rotating axis is parallel to the main axis.
7
The optical element driving mechanism as claimed in claim 6, wherein
the optical element driving mechanism further includes a reinforced base portion and a first reinforcement structure;
the first reinforcement structure is fixedly connected to the reinforced base portion;
at least a portion of the reinforced base portion and the first reinforcement structure are disposed in the first movable part;
the first driving element is disposed on the first reinforcement structure, and a portion of the first reinforcement structure is located between the first driving element and the first movable part;
the first reinforcement structure has a first side portion, a second side portion and a third side portion, which are arranged on three sides of the first driving element;
the first side portion is adjacent to the second side portion, and the second side portion is adjacent to the third side portion;
the optical element driving mechanism further includes two first guiding elements, which are disposed between the first movable part and the second movable part and are configured to guide the first movable part to rotate around the first rotating axis; and
the first rotating axis passes through the two first guiding elements.
8
The optical element driving mechanism as claimed in claim 7, wherein
the optical element driving mechanism further includes a reinforced base portion and a first reinforcement structure;
the first reinforcement structure is fixedly connected to the reinforced base portion;
at least a portion of the reinforced base portion and the first reinforcement structure are disposed in the first movable part;
the first driving element is disposed on the first reinforcement structure, and a portion of the first reinforcement structure is located between the first driving element and the first movable part;
the first reinforcement structure has a first side portion, a second side portion and a third side portion, which are arranged on three sides of the first driving element;
the first side portion is adjacent to the second side portion, and the second side portion is adjacent to the third side portion;
and the first movable part has a first accommodating opening which is configured to accommodate a portion of the corresponding first guiding element.
4
The optical element driving mechanism as claimed in claim 3, wherein
the optical element driving mechanism further includes two first guiding elements, which are disposed between the first movable part and the second movable part and are configured to guide the first movable part to rotate around a first rotating axis; and
the first rotating axis passes through the two first guiding elements.
8
The optical element driving mechanism as claimed in claim 7, wherein
the optical element driving mechanism further includes a first plate body, which is fixedly disposed on the second movable part;
the first plate body has a first recess configured to accommodate a portion of the corresponding first guiding element;
the optical element driving mechanism further includes two second reinforcement structures, which are partially disposed in the first movable part;
each of the second reinforcement structures has a first contact portion configured to contact the corresponding first guiding element;
the first guiding element is clamped by the corresponding first contact portion and the first plate body.
each of the second reinforcement structures has a first reinforcement portion, which is connected between the corresponding first contact portion and the reinforced base portion;
when viewed along a second axis, the first contact portion overlaps the first reinforcement portion; and
the second axis is perpendicular to the first axis.
9
The optical element driving mechanism as claimed in claim 8, wherein
the optical element driving mechanism further includes a first plate body, which is fixedly disposed on the second movable part;
the first plate body has a first recess configured to accommodate a portion of the corresponding first guiding element;
the optical element driving mechanism further includes two second reinforcement structures, which are partially disposed in the first movable part;
each of the second reinforcement structures has a first contact portion configured to contact the corresponding first guiding element;
and the corresponding first guiding element is clamped by the corresponding first contact portion and the first plate body.
10
The optical element driving mechanism as claimed in claim 9, wherein
each of the second reinforcement structures has a first reinforcement portion, which is connected between the corresponding first contact portion and the reinforced base portion;
when viewed along a second axis, the first contact portion overlaps the first reinforcement portion; and
the second axis is perpendicular to the first axis.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Examiner notes that in the table above, the italicized text represents what the Examiner deems are verbiage related to matters of form but not context, the bolded text represents difference in positively recited structural limitations, and the bold underlined text represents what the Examiner deems are the same structure written in a different manner. As can be seen by the table above, claims 1-8 of the instant application is anticipated by claims 1-10 of the reference application.
Claims 1-3 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of copending Application No. 18989651 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application 18989509
Reference Application 18989651
Claim No.
Claim Language
Claim No.
Claim Language
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
1
An optical element driving mechanism, comprising:
a fixed assembly:
a movable assembly, configured to be connected to an optical element, wherein the movable assembly is movable relative to the fixed assembly; and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly;
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element.
2
The optical element driving mechanism as claimed in claim 1, wherein
the fixed assembly includes a casing and a base;
the casing is fixedly connected to the base along a main axis;
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening;
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening; and
the first opening is connected to the second opening;
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then is emitted from the optical element and the second opening along the first axis;
the movable assembly includes a first movable part and a second movable part;
the first movable part is movably connected to the second movable part;
the second movable part is movably connected to the base.
2
The optical element driving mechanism as claimed in claim 1, wherein
the fixed assembly includes a casing and a base;
the casing is fixedly connected to the base along a main axis;
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening;
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening;
the first opening is connected to the second opening; and
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then emitted from the optical element and the second opening along the first axis.
3
The optical element driving mechanism as claimed in claim 2, wherein
the movable assembly includes a first movable part and a second movable part;
the first movable part is movably connected to the second movable part;
the second movable part is movably connected to the base;
the driving assembly includes a first driving element and a first coil; the first driving element is disposed on the first movable part; the optical element driving mechanism further includes a circuit assembly, and the first coil is disposed on the circuit assembly; and the first driving element is configured to act with the first coil to generate a first electromagnetic driving force to drive the first movable part to rotate around a first rotating axis relative to the second movable part.
3
The optical element driving mechanism as claimed in claim 2, wherein
the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part;
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion; and
the first connecting terminal is fixedly connected to the first movable part, the second connecting terminal is fixedly connected to the second movable part, and the first flexible portion is connected between the first connecting terminal and the second connecting terminal.
5
The optical element driving mechanism as claimed in claim 4, wherein
the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part;
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion;
the first connecting terminal is fixedly connected to the first movable part, the second connecting terminal is fixedly connected to the second movable part, and the first flexible portion is connected between the first connecting terminal and the second connecting terminal;
the optical element driving mechanism further includes a second elastic member which is connected between the second movable part and the base;
the second elastic member has a third connecting terminal, a fourth connecting terminal and a second flexible portion; and
the third connecting terminal is fixedly connected to the second movable part, the fourth connecting terminal is fixedly connected to the base, and the second flexible portion is connected between the third connecting terminal and the fourth connecting terminal.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Examiner notes that in the table above, the italicized text represents what the Examiner deems are verbiage related to matters of form but not context, the bolded text represents difference in positively recited structural limitations, and the bold underlined text represents what the Examiner deems are the same structure written in a different manner. As can be seen by the table above, claims 1-3 of the instant application is anticipated by claims 1-5 of the reference application.
Claim Rejections - 35 USC § 102
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 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 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lu et al. (U.S. Patent Application Publication No. 2026/0196910 – hereinafter referred to as “Lu”).
Regarding claim 1, Lu teaches an optical element driving mechanism (Figure 6 optical image stabilization assembly 300), comprising:
a fixed assembly (Figure 6 housing 3 and fastening portion 57);
a movable assembly (Figure 6 movable portions 51 and 53), configured to be connected to an optical element (Figure 6 optical element 4), wherein the movable assembly is movable relative to the fixed assembly ([0134] movable portion 51 rotates about Y-axis and movable portion 53 rotates about X-axis); and
a driving assembly (Figure 6 actuating portions 52 and 54), configured to drive the movable assembly to move relative to the fixed assembly ([0134]);
wherein the fixed assembly (Figure 6 housing 3 and fastening portion 57) includes an accommodating space configured to accommodate the optical element (Figure 6 accommodating space in housing 3 and fastening portion 57 for optical element 4).
Regarding claim 2, Lu teaches all the limitations of the claimed invention with respect to claim 1. Lu further teaches the fixed assembly (Figure 6 housing 3 and fastening portion 57) includes a casing (Figure 6 housing 3) and a base (Figure 6 fastening portion 57);
the casing is fixedly connected to the base along a main axis (Figure 6 housing 3 is connected to fastening portion 57 along X-axis);
the casing (Figure 4 housing 3) has a first opening (Figure 4 opening on top of housing 3), and when viewed along the main axis, the optical element is exposed from the first opening (Figure 4 optical element 4 is exposed from opening on top of housing 3 when viewed along X-axis);
the casing (Figure 4 housing 3) has a second opening (Figure 4 opening in housing 3 along + Z-axis), and when viewed along a first axis (Figure 4 Z-axis), the optical element is exposed from the second opening (Figure 4 optical element 4 is exposed from opening in housing 3 along +Z-axis when viewed along Z-axis); and
the first opening is connected to the second opening (Figure 4 top and front openings of housing 3);
an external light is emitted into the first opening along an optical axis and then enters the optical element, and then is emitted from the optical element and the second opening along the first axis ([0131] optical element 4 receives an imaging beam through top opening and optical path is folded to emit light through front opening to lens group);
the movable assembly (Figure 6 movable portions 51 and 53) includes a first movable part (Figure 6 movable portion 51) and a second movable part (Figure 6 movable portion 53);
the first movable part is movably connected to the second movable part ([0134] movable portion 51 is connected movable portion 53 to rotate about Y-axis);
the second movable part is movably connected to the base ([0134] movable portion 53 is connected to fastening portion 57 to rotate about X-axis).
Regarding claim 3, Lu teaches the optical element driving mechanism further includes a first elastic member (Figure 6 elastic member 55, [0134]) which is connected between the first movable part and the second movable part ([0134] The second movable portion 53 is connected to the first movable portion 51 through the first elastic member 55);
the first elastic member (Figure 9 elastic member 55) has a first connecting terminal (Figure 9 connection end 553), a second connecting terminal (Figure 9 second end 552) and a first flexible portion ([0190] a part of elastic member 55 other than the first end, second end, and connection end has a small width and large flexibility); and
the first connecting terminal is fixedly connected to the first movable part (Figure 10, [0190] connection end 553 is connected to movable portion 51), the second connecting terminal is fixedly connected to the second movable part (Figure 11d, [0190] second end 552 is fastened to movable portion 53), and the first flexible portion is connected between the first connecting terminal and the second connecting terminal (Figure 9 thin portion connects connection end 553 and second end 552).
Regarding claim 4, Lu teaches all the limitations of the claimed invention with respect to claim 3. Lu further teaches the optical element driving mechanism further includes a second elastic member (Figure 17 elastic member 56) which is connected between the second movable part and the base ([0135] elastic member 56 is connected between movable portion 53 and fastening portion 57);
the second elastic member (Figure 17 elastic member 56) has a third connecting terminal (Figure 17 fourth end 562), a fourth connecting terminal (Figure 17 third end 561) and a second flexible portion (Figure 17 cantilever 563, [0244] cantilever 563 is flexible);
the third connecting terminal (Figure 17 fourth end 562) is fixedly connected to the second movable part ([0244] fourth end 562 is connected to movable portion 53), the fourth connecting terminal (Figure 17 third end 561) is fixedly connected to the base ([0244] third end 561 is connected to fastening portion 57), and the second flexible portion is connected between the third connecting terminal and the fourth connecting terminal (Figure 17, [0244] cantilever 563 connects fourth end 562 and third end 561);
the first elastic member is located on a top side of the movable assembly (Figure 10 elastic member 55 is on top side surface 5142 of movable portion 51);
the second elastic member is located on a rear side of the movable assembly (Figure 6 elastic member 56 is on rear side of movable portion 53);
the second connecting terminal (Figure 9 second end 552) has a plate-shaped structure and is located on a first plane (Figure 13 second end 552 is plate-shaped and located in YZ-plane);
the third connecting terminal (Figure 17 fourth end 562) has a plate-shaped structure located on a second plane (Figures 17 and 18 fourth end 562 is plate-shaped and located in XY-plane); and
the first plane is not parallel to the second plane (Figures F13 and 18 YZ-plane and XY-plane are not parallel).
Regarding claim 5, Lu teaches all the limitations of the claimed invention with respect to claim 4. Lu further teaches the driving assembly (Figure 6 actuating portions 52 and 54) includes a first driving element (Figure 6 magnet 521) and a first coil (Figure 6 coil 522);
the first driving element is disposed at the first movable part ([0141] magnet 521 is disposed on the first movable portion 51);
the optical element driving mechanism further includes a circuit assembly (Figure 6 circuit board 58), and the first coil is disposed on the circuit assembly ([0141],[0158] circuit board 58 is fastened to fastening portion 57 and coil 522 is disposed on fastening portion 57 thus coil 522 is disposed on circuit board 58); and
the first driving element is configured to act with the first coil to generate a first electromagnetic driving force to drive the first movable part to rotate around a first rotating axis relative to the second movable part ([0141] electromagnetic driving force between magnet 521 and coil 522 drives rotation of movable portion 51 about Y-axis).
Regarding claim 6, Lu teaches all the limitations of the claimed invention with respect to claim 5. Lu further teaches the driving assembly (Figure 6 actuating portions 52 and 54) further includes a second driving element (Figure 6 one of two magnets 541), a third driving element (Figure 6 other of two magnets 541), a second coil (Figure 6 one of two coils 542) and a third coil (Figure 6 other of two coils 542);
the second driving element and the third driving element (Figure 6 two magnets 541) are disposed on the second movable part ([0148] magnets 541 are disposed on movable portion 53);
the second coil is disposed on the base ([0148] coil 542 disposed on fastening portion 57) ;
the third coil is disposed on the circuit assembly ([0148],[0158] circuit board 58 is fastened to fastening portion 57 and coil 542 is disposed on fastening portion 57 thus coil 542 is disposed on circuit board 58);
the second driving element is configured to act with the second coil to generate a second electromagnetic driving force, and the third driving element is configured to act with the third coil to generate a third electromagnetic driving force, so that the second electromagnetic driving force and the third electromagnetic driving force cooperatively drives the first movable part and the second movable part to rotate around a second rotating axis relative to the base ([0149] electromagnetic driving forces are generated between each pair of magnets 541 and coils 542 to rotate movable frame 53 about X-axis);
the first rotating axis is perpendicular to the second rotating axis (Figure 6 Y and X axes are perpendicular);
the first rotating axis is perpendicular to the first axis (Figure 6 Y-axis is perpendicular to Z-axis); and
the second rotating axis is parallel to the main axis (Figure 6 main and X-rotation axis are parallel to X-axis).
Regarding claim 7, Lu teaches all the limitations of the claimed invention with respect to claim 6. Lu further teaches the optical element driving mechanism further includes a reinforced base portion (Figure 7 upper portion of body 511, see labeled figure below) and a first reinforcement structure (Figure 7 lower portion of
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body 511, see labeled figure below);
the first reinforcement structure is fixedly connected to the reinforced base portion (Figure 7 upper and lower portions of body 511 are connected);
at least a portion of the reinforced base portion and the first reinforcement structure are disposed in the first movable part (Figure 7 upper and lower portion of body 511 are part of movable portion 51);
the first driving element is disposed on the first reinforcement structure (Figures 16 and 19a magnet 521 is disposed on lower portion of movable portion 51), and a portion of the first reinforcement structure is located between the first driving element and the first movable part (Figure 19a sides of lower portion of body 511 are between magnet 521 and outer walls of movable portion 51);
the first reinforcement structure has a first side portion, a second side portion and a third side portion, which are arranged on three sides of the first driving element (Figure 19a lower portion of 511 has three sides arranged around magnet 521);
the first side portion is adjacent to the second side portion, and the second side portion is adjacent to the third side portion (Figure 19 three sides of lower portion of 511 surrounding magnet 521 are adjacent to each other);
the optical element driving mechanism further includes two first guiding elements (Figure 7 arc surface 5141 of fulcrum 514, [0170] two fulcrums 514 with arc surface 5141 disposed on side walls 512,513 of movable portion 51), which are disposed between the first movable part and the second movable part (Figures 11b,12 fulcrum 514 with arc surface 5141 between wall of movable portion 51 and movable portion 53) is and are configured to guide the first movable part to rotate around the first rotating axis ([0163] fulcrum 514 implements rotation about Y-axis); and
the first rotating axis passes through the two first guiding elements ([0163] Y-rotation axis passes through fulcrum 514).
Regarding claim 8, Lu teaches all the limitations of the claimed invention with respect to claim 7. Lu further teaches the optical element driving mechanism further includes a first plate body (Figure 8 bearing table 534, [0176]), which is fixedly disposed on the second movable part (Figure 8, [0176] bearing table 534 is disposed on movable portion 53);
the first plate body has a first recess (Figure 11 surface 5343 configured to accommodate a portion of the corresponding first guiding element (Figure 11 surface 5343 accommodates arc surface 5141 of fulcrum 514, [0184]);
the optical element driving mechanism further includes two second reinforcement structures, which are partially disposed in the first movable part (Figure 7 side walls 512 and 513);
each of the second reinforcement structures has a first contact portion configured to contact the corresponding first guiding element (Figure 7 connection surface 5142 contact arc surface 5141 of fulcrum 514);
the first guiding element is clamped by the corresponding first contact portion and the first plate body (Figures 11b,12 arc surface 5141 of fulcrum 514 between connection surface 5142 and bearing table 5343).
each of the second reinforcement structures has a first reinforcement portion (Figure 7 body 5144) , which is connected between the corresponding first contact portion and the reinforced base portion (Figure 7 body 5144 is connected between connection surface 5142 and upper portion of body 511);
when viewed along a second axis, the first contact portion overlaps the first reinforcement portion (Figure 7 connection surface 5142 overlaps body 5144 along X-axis); and
the second axis is perpendicular to the first axis (Figure 7 X-axis is perpendicular to Y-axis).
Allowable Subject Matter
Claims 9-20 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:
Regarding claim 9, the best prior art of record, Lu, teaches all the limitations of the claimed invention with respect to claim 8. Lu further teaches a holding member (Figure 8 pins 5346,5347); the corresponding first guiding element is located between the first movable part and the holding member (Figures 7,8,11 arc surface 5141 of fulcrum 514 is between movable portion 51 and pins 5346,5347). Lu fails to teach or reasonably suggest, alone or in combination, “a force-applying element;
the holding member is located between the force-applying element and the corresponding first guiding element;
the force-applying element is connected between the holding member and the second movable part;
the force-applying element is made of elastic material;
the force-applying element has a fifth connecting terminal, a sixth connecting terminal and a third flexible portion; and
the fifth connecting terminal is fixedly connected to the holding member, the sixth connecting terminal is fixedly connected to the second movable part, and the third flexible portion is connected between the fifth connecting terminal and the sixth connecting terminal” in combination with the intervening limitation of the claims.
Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 9, specifically the limitation: “a force-applying element;
the holding member is located between the force-applying element and the corresponding first guiding element;
the force-applying element is connected between the holding member and the second movable part;
the force-applying element is made of elastic material;
the force-applying element has a fifth connecting terminal, a sixth connecting terminal and a third flexible portion; and
the fifth connecting terminal is fixedly connected to the holding member, the sixth connecting terminal is fixedly connected to the second movable part, and the third flexible portion is connected between the fifth connecting terminal and the sixth connecting terminal”
Claims 10-20 depend from claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sue et al. (U.S. Patent Application Publication No. 2022/0197049) discloses an optical element driving mechanism similar to the instant invention without the elastic members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX PARK RICKEL whose telephone number is (703)756-4561. The examiner can normally be reached Monday-Friday 8:30 a.m. - 6 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571)272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Alex Rickel
Examiner
Art Unit 2872
/A.P.R./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
