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 .
DETAILED ACTION
The instant application having Application No. 18989651 filed on 12/20/2024 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 201.04, 210, 214.03, acknowledgement is made of applicant’s claim for priority based on provisional application US 63/612581.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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.
Claim 1 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 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. See the claim correspondence table below:
Instant application 18989651
Co-pending application 18989850
1
1
Claim 1 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 18989509 (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 18989651
Co-pending application 18989509
1
1
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 1-5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-7 of copending Application No. 18989850 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other as presented in the claims correspondence table below:
Instant application 18989651
Co-pending application 18989850
1
1
2
2
3
2-6
4
2-7
5
3-4
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 of copending Application No. 18989509 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other as presented in the claims correspondence table below:
Instant application 18989651
Co-pending application 18989509
1
1
2
2
3
2-5
4
2-6
5
3-4
6
3-4
7
3-7
8
7-8
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for specific optical element driving mechanism using three separate voice-coil motors for moving/rotation two separate movable parts (with reinforcement structures) that are suspended by the leaf springs, and supported by guiding ball bearing and controlled by circuit unit with terminals and conductive members, however does not reasonably provide enablement for any of many possible optical element driving mechanism, where the element is driven by various actuation means (VCM, pzt, electrostatic, fluidic action, electric etc.) or manually, relative to a fixed part, where the relative movement my take any form of suspension, rolling or mechanical interaction. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims. Regarding claim 1 there are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the scope of enablement requirement and whether any necessary experimentation is “undue”. These factors include, but are not limited to: (A) The breadth of the claims; (B) The Nature of the invention; (C) The state of the prior art; (D) The level of one of ordinary skill; (E) The level of predictability in the art; (F) The amount of direction provided by the inventor; (G) The existence of working examples; and (H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure (see In re Wands, 858 F.2d 7331, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988). In the instant case (A) the breadth of the claims points to any possible mechanism where an optical element is moved with respect to fixed part, which includes any possible actuation means or manual action and any coupling mechanism between the moving and fixed parts. However, (B) the nature of the invention is for specific optical element driving mechanism using voice-coil motors for moving the spring leaf suspended separate moving parts with the lens and controlled by circuit unit with terminals. (C) The state of the art is developed and discloses many possible lens moving mechanisms with various moving means and structural implementations. (D) The level of one of ordinary skill is high due to developed miniaturized technology with different actuators based on electromagnetic, piezo, electrostatic, fluidic or other actions and electronic circuitry for sensing and controlling the lens movements; (E) The level of predictability in the art, is moderate given that actuation means are known in the art as are other aspects of holding and moving lens element; (F) The amount of direction provided by the inventor is sufficient for sole example presented in the specification, and (G) hence the existence of one working example. (H) Hence there is an undue quantity of experimentation needed to make or use the invention based on the content of the disclosure (see In re Wands, 858 F.2d 7331, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988).
Claims 2-26 depend on claim 1 and therefore inherit the same deficiencies.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation for “an optical axis” in second to last line of the claim. However this limitation is confusing because it is unclear if this limitation for optical axis is the same or not as the limitation for “ a main axis” recited in line 5 of the claim? Specifically, the issue above is unclear given that 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 and that an external light is emitted into the first opening along an optical axis and then enters the optical element. Accordingly, it may be apparent that the optical axis is the same as the main axis. It is suggested to amend the claim and/or provide explanations in order to remove the indefiniteness issue.
Claims 3-20 depend on claim 2 and therefore inherit the same deficiency.
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. (hereafter Lu) US 20260196910 A1.
In regard to independent claim 1, Lu teaches (see Figs. 1-20) an optical element driving mechanism (i.e. voice coil motor of an optical image stabilization assembly 24,300 in a compact camera module 103,200, of an electronic device 100, see title, abstract, e.g. paragraphs [01,06-55,100-110,112,126-134,138-150,156-169,188-200,210-229]) comprising:
a fixed assembly (housing 3, fastening portion 57, paragraphs [131-135], e.g. Figs. 4-6);
a movable assembly, configured to be connected to an optical element (first and second movable portions 51, 53, connected to optical element 4, paragraphs [130-140], Figs. 4-6), wherein the movable assembly is movable relative to the fixed assembly (i.e. as 51,53 is movable relative to 57,3, e.g. abstract, paragraphs [126,134-141], Figs. 3-6); and
a driving assembly, configured to drive the movable assembly to move relative to the fixed assembly (first and second actuating portions 52, 54 to move/drive 51,53 relative to 3,57, paragraphs [126,134-141], Figs. 3-6);
wherein the fixed assembly includes an accommodating space configured to accommodate the optical element (i.e. as inner space of 3 and 57 is configured to accommodate 4, as housing 3 forms accommodation space, and is configured to accommodate the optical element 4, depicted in Figs. 4,6,12,19, paragraphs [131-141]).
Regarding claim 2, Lu teaches (see Figs. 1-20) that the fixed assembly includes a casing and a base (as housing 3 and fastening portion 57, paragraphs [131-135], e.g. Figs. 4-6);
the casing is fixedly connected to the base along a main axis (as 3 is fixedly connected to 57 along e.g. X axis, paragraphs [131-135], e.g. Figs. 4-6);
the casing has a first opening, and when viewed along the main axis, the optical element is exposed from the first opening (i.e. as 3 has top opening, where 4 is exposed from the top opening of 3 along X axis, paragraphs [131-140], e.g. Figs. 4-6);
the casing has a second opening, and when viewed along a first axis, the optical element is exposed from the second opening (i.e. as 3 has side opening, where 4 is exposed from the side opening of 3 along e.g. Z axis, paragraphs [131-140], e.g. Figs. 4-6);
the first opening is connected to the second opening (top and side openings of 3 are connected, (i.e. as 3 has top opening, where 4 is exposed from the top opening of 3, paragraphs [131-140], e.g. Figs. 4-6); and
an external light is emitted into the first opening along an optical axis and then enters the optical element (i.e. as external/imaging light e.g. 201 enters first opening of 3 to enter 4 along incident light optical axis, paragraphs [84, 113-119,131-140], e.g. Figs. 2-6), and then emitted from the optical element and the second opening along the first axis (i.e. as light is reflected by 4 and emitted through side opening of 3 along Z axis, optical axis 21, 22, see paragraphs [84, 114-120,131-140], e.g. Figs. 2-6).
Regarding claim 3, Lu teaches (see Figs. 1-20) that the movable assembly includes a first movable part (51) and a second movable part (53 as second movable part, paragraphs [130-140], Figs. 4-6);
the first movable part is movably connected to the second movable part (51 is movably connected to 53, see details of Figs. 6-12, paragraphs [130-140,159-169], Figs. 4-12);
the second movable part is movably connected to the base (53 is movably connected to the fastening portion 57, paragraphs [130-140], Figs. 4-6);
the driving assembly includes a first driving element and a first coil (1st actuating portion 52 has first magnet 521 and first coil 522, paragraphs [140-144], Figs. 6-8,15);
the first driving element is disposed on the first movable part (521 is on 51, paragraphs [140-144], Figs. 6-8);
the optical element driving mechanism further includes a circuit assembly (circuit board 58, paragraphs [136-145,158], Figs. 6,11,15), and the first coil is disposed on the circuit assembly (i.e. 522 is on 57 and 58, paragraphs [136-145,158], Figs. 6,11,15); 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 (i.e. as first actuating portion 52 with 521 and 522 is configured to drive the first movable portion 51 to rotate around the Y-axis direction relative to 53 and 57, paragraphs [134-144], Figs. 4-6).
Regarding claim 4, Lu teaches (see Figs. 1-20) that the driving assembly further includes a second driving element, a third driving element, a second coil and a third coil (as second actuating part 54 has two second driving magnets 541 and two second coils 542 to move/drive 53 relative to 3,57, paragraphs [140-153], Figs. 4-6);
the second driving element and the third driving element are disposed on the second movable part (the two 2nd magnets 541 are on each side of 53, e.g. paragraphs [145-153], Figs. 6,19);
the second coil is disposed on the base (i.e. as one 542 is on 57, e.g. paragraphs [145-153], Figs. 6,19);
the third coil is disposed on the circuit assembly (i.e. as other (right) 542 is on 58 and 57, e.g. paragraphs [145-153], Figs. 6,19);
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 (i.e. as 54 with two magnets 541 and corresponding two coils 542 generate electromagnetic force as voice coil motors that rotate 53 and nested 51 around vertical X axis, as 54 is configured to drive the second movable portion 53 with first movable portion 51 to rotate around the X-axis direction relative to the fastening portion 57, e.g. paragraphs [126-128,131-153], Figs. 3, 6); the first rotating axis is perpendicular to the second rotating axis (i.e. as Y axis of rotation is perpendicular to X axis of rotation, e.g. paragraphs [126-128,131-153], Figs. 3, 6); the first rotating axis is perpendicular to the first axis; and the second rotating axis is parallel to the main axis (i.e. as first rotating Y axis of rotation is perpendicular to Z axis (optical axis of 21,22), and the X axis of rotation is parallel to main axis which is the incident optical axis, Z, e.g. paragraphs [126-128,131-153], Figs. 3, 6).
Regarding claim 5, Lu teaches (see Figs. 1-20) that the optical element driving mechanism further includes a first elastic member which is connected between the first movable part and the second movable part (first elastic member 55 connected between 51 and 53, paragraphs [134, 139-141,159,163-171,176-182, 190-202], Figs. 6,9-12);
the first elastic member has a first connecting terminal, a second connecting terminal and a first flexible portion (i.e. as connection end terminal 553, first/second end terminal 551,552, and flexible portion between them as depicted in Figs. 9-12, e.g. paragraphs [139-141,176-182, 190-202]) ;
the first connecting terminal is fixedly connected to the first movable part (553 is fixedly connected to 51 at 514 with pin 5143, e.g. paragraphs [163-171,176-182, 190-202], Figs. 6,9-12), the second connecting terminal is fixedly connected to the second movable part (551 is fixedly connected to 53 at 5341/5345 with pins 5346,5347, e.g. paragraphs [163-171,176-182, 190-202], Figs. 6,9-12), and the first flexible portion is connected between the first connecting terminal and the second connecting terminal (as flexible portion of 55 is between 551,552 and 553 as depicted in Figs. 9-12, e.g. paragraphs [139-141,176-182, 190-202]);
the optical element driving mechanism further includes a second elastic member which is connected between the second movable part and the base (second elastic member 56 is configured to connect the second movable portion 53 and the fastening portion 57, paragraphs [135,156,244-250] Figs. 5-6, 12,15-18);
the second elastic member has a third connecting terminal, a fourth connecting terminal and a second flexible portion (56 has fourth connecting terminal end 562, third connecting terminal end 561 and flexible portion cantilever 563, paragraphs [244-250] Figs. 5-6, 12,15-18); and
the third connecting terminal is fixedly connected to the second movable part (fourth end 562 is configured to fasten to the second movable portion 53, paragraphs [244-250] Figs. 6,15-18), the fourth connecting terminal is fixedly connected to the base (third end 561 is configured to fasten to the fastening portion 57, paragraphs [244-250] Figs. 6,15-18), and the second flexible portion is connected between the third connecting terminal and the fourth connecting terminal (563 is between 562 and 561, paragraphs [244-250] Figs. 6,15-18).
Regarding claim 6, Lu teaches (see Figs. 1-20) that the first elastic member and the second elastic member are both located on a rear side of the movable assembly (as viewed from the front side -Z axis direction of OIS assembly 300, both 55 and 546 are on the back side of movable portions 51 and 53, paragraphs [134-135,163-171,176-182,190-202,244-250], Figs. 5-6,12; note that front or rear of the device are relative and not defined by structure or light propagation); the second connecting terminal has a plate-shaped structure and is located on a first plane (i.e. as 552 is plate shaped and is located on, i.e. touches vertical plane of 55 next to section surface 5345, as detailed in Figs. 8, 11b,d, e.g. paragraphs [163-171,176-182, 190-202]); the third connecting terminal has a plate-shaped structure and is located on a second plane (i.e. 562 has plate shaped structure located on vertical plane on 53 at support portion 531, paragraphs [140,244-250] Figs. 6,15-18); and the first plane is parallel to the second plane (i.e. as both planes are vertical planes, as detailed in Figs. 8, 11b,d,, 6, 15-18).
Regarding claim 7, Lu teaches (see Figs. 1-20) that the optical element driving mechanism further includes a reinforced base portion and a first reinforcement structure (i.e. as first support portion 511 upper part and 511 lower part, see Figs. 6-7, paragraphs [161-162,175]);
the first reinforcement structure is fixedly connected to the reinforced base portion (i.e. as 511 upper part is connected to 511 lower part, Figs. 6-7, paragraphs [161-162,175]);
at least a portion of the reinforced base portion and the first reinforcement structure are disposed in the first movable part (i.e. as upper 511 part and lower 511 part are part of first movable portion 51, Figs. 6-7, paragraphs [161-162,175];
the first driving element is disposed on the first reinforcement structure (521 is disposed on lower 511 part of 51, paragraphs [141,161-162], Figs. 6,11,15-16, 19a), and a portion of the first reinforcement structure is located between the first driving element and the first movable part (i.e. as side portions on lower part of 511 around first magnet 521 are between 521 and outer part of 53, as best depicted in Figs. 19a, paragraphs [253-259], Figs. 5, 15-16); 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 (i.e. as three side portions of lower part of 511 around first magnet 521, as best depicted in Figs. 19a, paragraphs [253-259]); and
the first side portion is adjacent to the second side portion, and the second side portion is adjacent to the third side portion ( as the three side portions of lower part of 511 around first magnet 521 are so arranged as depicted in Figs. 19a, paragraphs [253-259]).
Regarding claim 8, Lu teaches (see Figs. 1-20) that the optical element driving mechanism further includes two first guiding elements (first fulcrum elements 514, each with arc surface 5141 paragraphs [163-170], Figs. 6-12), 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 (514 between sides of 51 e.g. 512,512 and 53, and guide 51 to rotate around first Y axis of rotation, paragraphs [163-170,134], Figs. 6-12;
the first rotating axis passes through the two first guiding elements (as first Y axis of rotation passe through 514, paragraphs [163-170,134], Figs. 6-12);
the optical element driving mechanism further includes two first plate bodies, which are fixedly disposed on the second movable part (i.e. as 53 with plate surface sections 5342, 5343, 5344 on each side of 53, paragraphs [177-187], Figs. 8, 11-12);
each of the two first plate bodies has a first recess configured to accommodate a portion of the corresponding first guiding element (i.e. as 5343 portion(s) each accommodate a portion of 514 e.g. part with arc surface 5141, paragraphs [163-167,177-187], Figs. 8, 11-12);
the optical element driving mechanism further includes two second reinforcement structures, which are partially disposed in the first movable part (i.e. as side parts 512 and 513 disposed on sides of 51, see Figs. 6-7, paragraphs [161-163,170-175]);
the reinforced base portion is connected between the two second reinforcement structures (i.e. as 511 upper part is between 512 and 513, Figs. 6-7, paragraphs [161-163,170-175]);
each of the second reinforcement structures has a first contact portion configured to contact the corresponding first guiding element (i.e. as side surface portion of 512, 513 and connection surface 5142 contacting 514 with 5141, paragraphs [163-167,175-187], Figs. 7-8, 10-12); and each of the two first guiding elements is clamped by the corresponding first contact portion and the first plate body (i.e. as each 514 with 5141 is clamped between sides of 512,513, connection 5142 and the 5343 portion of plate surface sections 5342, 5343, 5344 on each side of 53, paragraphs [163-167,175-187], Figs. 8, 11-12).
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art taken either singly or in combination fails to anticipate or fairly suggest the limitations of claim 9, in such a manner that a rejection under 35 USC 102 or 103 would be improper.
Regarding claim 9, the prior art of Lu taken either singly or in combination with any bother prior art fails to anticipate or fairly suggest such an optical element driving mechanism including the specific arrangement where the mechanism further includes two first attracting elements, which are fixedly disposed on the first movable part (i.e. 1st movable part 51); the first movable part (51) has two first grooves (between 5142 and vertical wall of 512, and 513, see Figs. 7,11-12), which are configured to respectively accommodate the two first attracting elements; the optical element driving mechanism further includes two second attracting elements, which are fixedly disposed on the second movable part (2nd movable part 53) and respectively correspond to the first attracting elements; the second movable part has two second grooves (i.e. as 5342 and 5344, paragraphs [163-167,175-187], Figs. 8, 11-12), configured to respectively accommodate the two second attracting elements; the two first attracting elements and the two second attracting elements are made of magnetic materials; the two first attracting elements are configured to generate two first magnetic attraction forces with the two second attracting elements respectively, and the two first magnetic attraction forces are parallel to the main axis (X axis); and the two first magnetic attraction forces are configured to drive the first movable part (51) toward the second movable part(53), and in combination with all other claimed limitations of all intervening claims and base claim 1.
With respect to claims 10-20, these claims depend on claim 9 and would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims, at least for the reasons stated supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xia et al. US 20250155776 A1 also discloses features of instant invention (see Figs. 5-9 and their descriptions).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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, Ricky L Mack can be reached at (571)272-2333. 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.
/MARIN PICHLER/Primary Examiner, Art Unit 2872
Prosecution Insights