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
Claim 1 is objected to because of the following informalities:
In claim 1, line 2, "assembly:" should read - - assembly;- -
Appropriate correction is required.
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 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.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasahara (CN114647134A).
Regarding claim 1, Kasahaya teaches an optical element driving mechanism (Fig. 1-9, Pages 4-10 of English translation of CN114647134A), comprising:
a fixed assembly (the assembly corresponding to 214 and 212 in Fig. 6);
a movable assembly (the assembly corresponding to 222 and 223 in Fig. 6; Pages 6-7; the rotary support mechanism 240 is capable of rotating the holder frame holding portion 223 in a first rotation axis direction A1 as a rotation axis with respect to the fixing body 210 through the driving part 260; and the gimbal mechanism 250 is capable of rotating the cage frame 222 in a second rotational axis direction A2 as a rotational axis with respect to the cage frame holding portion 223 through the driving part 270), configured to be connected to an optical element (the prism 10 in Fig. 6), wherein the movable assembly (the assembly corresponding to 222 and 223 in Fig. 6) is movable relative to the fixed assembly (the assembly corresponding to 214 and 212 in Fig. 6); and
a driving assembly (the assembly corresponding to 260 and 270 in Fig. 6), configured to drive the movable assembly (the assembly corresponding to 222 and 223 in Fig. 6) to move relative to the fixed assembly (the assembly corresponding to 214 and 212 in Fig. 6);
wherein the fixed assembly (the assembly corresponding to 214 and 212 in Fig. 6) includes an accommodating space (the space for 10 in Fig. 3-6) configured to accommodate the optical element (the prism 10 in Fig. 6).
Regarding claim 2, Kasahaya also teaches the following elements:
(Claim 2) the fixed assembly (the assembly corresponding to 214 and 212 in Fig. 6) includes a casing (the structure corresponding to 214 in Fig. 6) and a base (the structure corresponding to 212 in Fig. 6); the casing (the structure corresponding to 214 in Fig. 6) is fixedly connected (Fig. 1 and Fig. 5) to the base (the structure corresponding to 212 in Fig. 6) along a main axis (the axis corresponding to Y/D1 in Fig. 3-6); the casing (the structure corresponding to 214 in Fig. 6) has a first opening (the top opening of 214 for 10b in Fig. 3-6), and when viewed along the main axis (the axis corresponding to Y in Fig. 3-6), the optical element (10 in Fig. 3-6) is exposed (Fig. 3-6) from the first opening (the top opening of 214 for 10b in Fig. 3-6); the casing (the structure corresponding to 214 in Fig. 6) has a second opening (the side opening of 214 for 10c in Fig. 3-6), and when viewed along a first axis (the axis corresponding to Z/D2 in Fig. 3-6), the optical element (10 in Fig. 3-6) is exposed (Fig. 3-6) from the second opening (the side opening of 214 for 10c in Fig. 3-6); and the first opening (the top opening of 214 for 10b in Fig. 3-6) is connected to the second opening (the side opening of 214 for 10c in Fig. 3-6); an external light (the light corresponding to D1 in Fig. 2-3) is emitted into the first opening (the top opening of 214 for 10b in Fig. 3-6) along an optical axis (Fig. 2-3) and then enters the optical element (Fig. 2), and then the external light (the light corresponding to D2 in Fig. 2-3) is emitted from the optical element (Fig. 2-3) and the second opening (the side opening of 214 for 10c in Fig. 3-6) along the first axis (the axis corresponding to Z/D2 in Fig. 3-6); the movable assembly (the assembly corresponding to 222 and 223 in Fig. 6; Pages 6-7; the rotary support mechanism 240 is capable of rotating the holder frame holding portion 223 in a first rotation axis direction A1 as a rotation axis with respect to the fixing body 210 through the driving part 260; and the gimbal mechanism 250 is capable of rotating the cage frame 222 in a second rotational axis direction A2 as a rotational axis with respect to the cage frame holding portion 223 through the driving part 270) includes a first movable part (the part corresponding to 222 in Fig. 6) and a second movable part (the part corresponding to 223 in Fig. 6); the first movable part (the part corresponding to 222 in Fig. 6) is movably connected (Fig. 3-6, Pages 6-7) to the second movable part (the part corresponding to 223 in Fig. 6); and the second movable part (the part corresponding to 223 in Fig. 6) is movably connected (Fig. 3-6, Pages 6-7) to the base (the structure corresponding to 212 in Fig. 6).
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lu (US 2026/0196910).
Regarding claim 1, Lu teaches an optical element driving mechanism (Fig. 1-20, [0007-0270]), comprising:
a fixed assembly (the assembly corresponding to 3 and 57 in Fig. 6);
a movable assembly (the assembly corresponding to 51 and 53 in Fig. 6; [0134]; the first actuating portion 52 is configured to drive the first movable portion 51 to rotate around the Y-axis direction relative to the fastening portion 57; the second movable portion 53 is connected to the first movable portion 51 through the first elastic member 55, and the second movable portion 53 is configured to support the first movable portion 51; and the second actuating portion 54 is configured to drive the second movable portion 53 to rotate around the X-axis direction relative to the fastening portion 57), configured to be connected to an optical element (4 in Fig. 6), wherein the movable assembly (the assembly corresponding to 51 and 53 in Fig. 6) is movable relative to the fixed assembly (the assembly corresponding to 3 and 57 in Fig. 6); and
a driving assembly (the assembly corresponding to 52 and 54 in Fig. 6), configured to drive the movable assembly (the assembly corresponding to 51 and 53 in Fig. 6) to move relative to the fixed assembly (the assembly corresponding to 3 and 57 in Fig. 6);
wherein the fixed assembly (the assembly corresponding to 3 and 57 in Fig. 6) includes an accommodating space (the space for 4 in Fig. 4 and 6) configured to accommodate the optical element (Fig. 4 and 6).
Regarding claim 2, Lu also teaches the following elements:
(Claim 2) the fixed assembly (the assembly corresponding to 3 and 57 in Fig. 6) includes a casing (the structure corresponding to 3 in Fig. 6) and a base (the structure corresponding to 57 in Fig. 6); the casing (the structure corresponding to 3 in Fig. 6) is fixedly connected (Fig. 1 and Fig. 4) to the base (the structure corresponding to 57 in Fig. 6) along a main axis (the axis corresponding to X in Fig. 4-6); the casing (the structure corresponding to 3 in Fig. 6) has a first opening (the top opening of 3 for 41 in Fig. 4-6), and when viewed along the main axis (the axis corresponding to X in Fig. 4-6), the optical element (4 in Fig. 6) is exposed (Fig. 4-6) from the first opening (the top opening of 3 for 41 in Fig. 4-6); the casing (the structure corresponding to 3 in Fig. 6) has a second opening (the side opening of 3 for 42 in Fig. 4-6), and when viewed along a first axis (the axis corresponding to Z in Fig. 2-6), the optical element (4 in Fig. 6) is exposed (Fig. 4-6) from the second opening (the side opening of 3 for 42 in Fig. 4-6); and the first opening (the top opening of 3 for 41 in Fig. 4-6) is connected to the second opening (the side opening of 3 for 42 in Fig. 4-6); an external light (the light corresponding to 201 in Fig. 2-6) is emitted into the first opening (the top opening of 3 for 41 in Fig. 4-6) along an optical axis (Fig. 1-2) and then enters the optical element (4 in Fig. 6, Fig. 1-2), and then the external light (Fig. 1-2) is emitted from the optical element (4 in Fig. 6, Fig. 1-2) and the second opening (the side opening of 3 for 42 in Fig. 4-6) along the first axis (the axis corresponding to Z in Fig. 2-6); the movable assembly (the assembly corresponding to 51 and 53 in Fig. 6) includes a first movable part (the part corresponding to 51 in Fig. 6) and a second movable part (the part corresponding to 53 in Fig. 6); the first movable part (the part corresponding to 51 in Fig. 6) is movably connected (Fig. 3-6, [0134-0141]) to the second movable part (the part corresponding to 53 in Fig. 6); and the second movable part (the part corresponding to 53 in Fig. 6) is movably connected (Fig. 3-6, [0134-0141]) to the base (the structure corresponding to 57 in Fig. 6).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng (CN112526702A).
Regarding claim 1, Peng teaches an optical element driving mechanism (Fig. 1-14, Pages 1-10 of English translation of CN112526702A), comprising:
a fixed assembly (the assembly corresponding to 50 and 40/40A/40B in Fig. 1 and 13-14);
a movable assembly (the assembly corresponding to 30/30A/30B and 10/10A/10B in Fig. 1 and 13-14; Abs, Page 5; the carrier 30 is rotatably connected with the frame 10; the frame 10 relative to the base 40 to rotate; and the carrier 30 also with the frame 10 relative to the base 40 to rotate; the bottom coil is matched with the bottom magnet and the side coil is matched with the side magnet so as to drive the carrier to rotate around two axis vertical to each other), configured to be connected to an optical element (the prism mounted by the carrier 30/30A/30B, Page 5, Abs), wherein the movable assembly (the assembly corresponding to 30/30A/30B and 10/10A/10B in Fig. 1 and 13-14) is movable relative to the fixed assembly (the assembly corresponding to 50 and 40/40A/40B in Fig. 1 and 13-14); and
a driving assembly (the assembly corresponding to 81, 82, 611 and 622 in Fig. 1 and 6), configured to drive the movable assembly (the assembly corresponding to 30/30A/30B and 10/10A/10B in Fig. 1 and 13-14) to move relative to the fixed assembly (the assembly corresponding to 50 and 40/40A/40B in Fig. 1 and 13-14);
wherein the fixed assembly (the assembly corresponding to 50 and 40/40A/40B in Fig. 1 and 13-14) includes an accommodating space (Fig. 1 and 13-14) configured to accommodate the optical element (the prism mounted by the carrier 30/30A/30B, Page 5, Abs).
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 of this title, 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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Peng as applied to claim 1 above, and in view of Xia (US 2025/0155776).
Regarding claim 2, Peng also teaches that the fixed assembly (the assembly corresponding to 50 and 40/40A/40B in Fig. 1 and 13-14) includes a casing (the structure corresponding to 50 in Fig. 1) and a base (the structure corresponding to 40/40A/40B in Fig. 1 and 13-14); the casing (the structure corresponding to 50 in Fig. 1) is connected to the base (the structure corresponding to 40/40A/40B in Fig. 1 and 13-14) along a main axis (the axis corresponding to the vertical direction in Fig. 1); the casing (the structure corresponding to 50 in Fig. 1 and 13-14) has a first opening (the top opening of 50 in Fig. 1), and when viewed along the main axis (the axis corresponding to the vertical direction in Fig. 1), the optical element (the prism mounted by the carrier 30/30A/30B, Page 5, Abs) is exposed (Fig. 1) from the first opening (the top opening of 50 in Fig. 1); the casing (the structure corresponding to 50 in Fig. 1) has a second opening (the side opening of 50 in Fig. 1), and when viewed along a first axis (the axis corresponding the direction perpendicular to the side opening of 50 in Fig. 1), the optical element (the prism mounted by the carrier 30/30A/30B, Page 5, Abs) is exposed (Fig. 1) from the second opening (the side opening of 50 in Fig. 1); and the first opening (the top opening of 50 in Fig. 1) is connected to the second opening (the side opening of 50 in Fig. 1); and the second opening (the side opening of 50 in Fig. 1) along the first axis (the axis corresponding the direction perpendicular to the side opening of 50 in Fig. 1); the movable assembly (the assembly corresponding to 30/30A/30B and 10/10A/10B in Fig. 1 and 13-14; Abs, Page 5; the carrier 30 is rotatably connected with the frame 10; the frame 10 relative to the base 40 to rotate; and the carrier 30 also with the frame 10 relative to the base 40 to rotate; the bottom coil is matched with the bottom magnet and the side coil is matched with the side magnet so as to drive the carrier to rotate around two axis vertical to each other) includes a first movable part (the part corresponding to 30/30A/30B in Fig. 1 and 13-14) and a second movable part (the part corresponding to 10/10A/10B in Fig. 1 and 13-14); the first movable part (the part corresponding to 30/30A/30B in Fig. 1 and 13-14) is movably connected (Fig. 1 and 13-14) to the second movable part (the part corresponding to 10/10A/10B in Fig. 1 and 13-14); and the second movable part (the part corresponding to 10/10A/10B in Fig. 1 and 13-14) is movably connected (Fig. 1 and 13-14) to the base (the structure corresponding to 40/40A/40B in Fig. 1 and 13-14). Peng does not explicitly point out the following elements.
Xia teaches the following elements (Fig. 3-6):
(Claim 2) a casing (130 in Fig. 4-6, [0138, 0135]) is fixedly connected to a base (62 in Fig. 6) along a main axis (the axis corresponding to Z in Fig. 6), an external light (the light incident to the prims) is emitted into the first opening (the top opening of 214 for 10b in Fig. 3-6) along an optical axis (Fig. 2-3) and then enters the optical element (Fig. 2), and then the external light (the light corresponding to P3 in Fig. 3-5, [0125]) is emitted from the optical element (300 in Fig. 3-6).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Xia for the system of Peng such that in the system of Peng,
(Claim 2) the casing is fixedly connected to the base along a main axis; 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.
The motivation is to perform protection on a structural member in the casing/housing, provide a camera module and enable the camera module to adapt to more scenarios (Xia, [0135, 0004]).
Regarding claim 3, Peng also teaches the following elements:
(Claim 3) the optical element driving mechanism further includes a first elastic member (20/21A/21B in Fig. 1, 5, 7-8 and 13-14) which is connected between the first movable part (the part corresponding to 30/30A/30B in Fig. 1 and 13-14) and the second movable part (the part corresponding to 10/10A/10B in Fig. 1 and 13-14); the first elastic member (20/21A/21B in Fig. 1, 5, 7-8 and 13-14) has a first connecting terminal (the terminal corresponding to 211/212/33A in Fig. 8 and 13-14), a second connecting terminal (the terminal corresponding to 221/222/111A/111B in Fig. 8 and 13-14) and a first flexible portion (Fig. 1, 5, 7-8 and 13-14); and the first connecting terminal (the terminal corresponding to 211/212/33A in Fig. 8 and 13-14) is fixedly connected to the first movable part (the part corresponding to 30/30A/30B in Fig. 1 and 13-14), the second connecting terminal (the terminal corresponding to 221/222/111A/111B in Fig. 8 and 13-14) is fixedly connected to the second movable part (the part corresponding to 10/10A/10B in Fig. 1 and 13-14), and the first flexible portion is connected between the first connecting terminal and the second connecting terminal (Fig. 1, 5, 7-8 and 13-14).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Peng in view of Xia as applied to claim 3 above, and further in view of Lu (US 2026/0196910).
Regarding claim 4, Peng also teaches that the optical element driving mechanism further includes a second elastic member (70/22A/22B in Fig. 1, 9, 13-14) which is connected between the second movable part (the part corresponding to 10/10A/10B in Fig. 1 and 13-14) and the base (40/40A/40B in Fig. 1 and 13-14); the second elastic member (70/22A/22B in Fig. 1, 9, 13-14) has a third connecting terminal (the terminal corresponding to 71/112A/112B in Fig. 9 and 13-14), a fourth connecting terminal (the terminal corresponding to 72/43A/43B in Fig. 9 and 13-14) and a second flexible portion (Fig. 9 and 13-14); the third connecting terminal is fixedly connected to the second movable part (Fig. 9 and 13-14), the fourth connecting terminal is fixedly connected (Fig. 9 and 13-14) to the base (40/40A/40B in Fig. 1 and 13-14), and the second flexible portion is connected between the third connecting terminal and the fourth connecting terminal (Fig. 1, 9 and 13-14). Peng does not teach the following elements.
Lu teaches the following elements (Fig. 1-8 and 12, [0163-0170]):
(Claim 4) an optical element driving mechanism includes two first guiding elements (514 in Fig. 7, [[0163-0165, 0170]), which are disposed between a first movable part (the part corresponding to 51 in Fig. 6) and a second movable part (the part corresponding to 53 in Fig. 6) and are configured to guide the first movable part to rotate (Fig. 7-8 and 12) around a first rotating axis (the rotating axis corresponding to Y-axis in Fig. 7-8 and 12, [0163]); and the first rotating axis passes through the two first guiding elements (Fig. 7-8 and 12, [0163]).
Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Lu for the system of Peng in view of Xia such that in the system of Peng in view of Xia,
(Claim 4) 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.
The motivation is to provide a fulcrum to implement rotation of the first movable portion around an axis (Lu, [0163]).
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); and 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. 18989509. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-4 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of copending Application No. 18/989,509. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim 7 of copending Application No. 18/989,509 anticipate claims 1-4 of the instant application as shown in the following table.
Instant Application 18/989,850
Application 18/989,509
Claims 1-4
Claim 7
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-3 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3 and 5 of copending Application No. 18/989,651. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 3 and 5 of copending Application No. 18/989,651 anticipate claims 1-3 of the instant application as shown in the following table.
Instant Application 18/989,850
Application 18/989,651
Claims 1-2
Claim 3
Claims 1-3
Claim 5
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 5-20 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:
None of the prior art of record discloses or suggests all the combination of an optical element driving mechanism as set forth in claims 5-20.
Regarding claims 5-20, none of the prior art discloses or suggests an optical element driving mechanism recited 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 the first plane is not parallel to the second plane” in combination with the other required elements of the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 9am-5pm EST M-F.
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/Shan Liu/
Primary Examiner, Art Unit 2871
