Prosecution Insights
Last updated: July 17, 2026
Application No. 19/008,684

VARIABLE APERTURE MODULE

Non-Final OA §102§103
Filed
Jan 03, 2025
Priority
May 06, 2024 — CN 202410548746.X
Examiner
NAZRUL, SHAHBAZ
Art Unit
Tech Center
Assignee
Guangzhou Luxvisions Innovation Technology Limited
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
584 granted / 649 resolved
+30.0% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
18 currently pending
Career history
670
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
64.3%
+24.3% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§102 §103
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 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 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)(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. (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. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Stephen et al (GB 2622435 A, hereinafter Stephen). Regarding claim 1, Stephen discloses a variable aperture module (figs. 1-10, 20-23, page 4 last ¶), comprising: a fixing component (other ends of SMA wires 41, 42 besides movable part 40, figs. 3-8. Component 4 in figs. 1-2, which explains the actuators functions, where support structure 4 acts as fixing component; pages 11, lines 15-31 & page 12); a movable component (movable part 3, figs. 3-8) movably disposed relative to the fixing component (figs. 1-8, pages 11, lines 15-31 & page 12; Abstract); a shape memory alloy wire (41+42, figs. 3-8; 31+32, figs. 1-2) having a first wire end and a second wire end (Abstract, Pages 11-12); a first clamping component (meeting point of 4, with fixing component on left end, see illustration A below, figs. 1-10) clamping the first wire end (figs. 1-10); a second clamping component (40, figs. 2-10) clamping a portion of the shape memory alloy wire other than the first wire end and the second wire end (evident from figs. 2-10); and a third clamping component (meeting point of 4, with fixing component on right end, see illustration A below, figs. 1-10) clamping the second wire end (figs. 1-10). [AltContent: arrow][AltContent: textbox (Second clamping component)][AltContent: arrow][AltContent: textbox (first clamping component)] PNG media_image1.png 422 718 media_image1.png Greyscale Illustration – A Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 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. Claim(s) 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephen in view of Jun (US 20240201565 A1). Regarding claim 6, Stephen discloses the variable aperture module according to claim 1, except, further comprising: a circuit board electrically connected to the first clamping component and the third clamping component. However, Jun discloses an aperture module (Abstract, figs. 4-5), wherein a circuit board electrically connected to the first clamping component (343a) and the third clamping component (343b, figs.4-5, ¶0056, ¶0078-0080). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to implement a circuit board which is electrically connected to the first clamping component and the third clamping component of Stephen as disclosed in Jun, because, in that case clamp 343a, 343b may function as a drive power input terminal for the SMA wires 342a and 342b to drive the SMA actuator [Jun: ¶0078-0080]. Regarding claim 8, Stephen discloses the variable aperture module according to claim 1, except, further comprising: a circuit board electrically connected to the first wire end and the second wire end and configured to: transmit a current to one of the first wire end and the second wire end. However, Jun discloses an aperture module (Abstract, figs. 4-5), a circuit board electrically connected to the first wire end and the second wire end and configured to: transmit a current to one of the first wire end and the second wire end (figs.4-5, ¶0056, ¶0078-0080). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to implement a circuit board electrically connected to the first wire end and the second wire end and configured to: transmit a current to one of the first wire end and the second wire end as disclosed in Jun, because, in that case clamp 343a, 343b may function as a drive power input terminal for the SMA wires 342a and 342b to drive the SMA actuator [Jun: ¶0078-0080]. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephen in view of BLECHA et al. (EP 3676494 B1, hereinafter BLECHA). Regarding claim 11, Stephen discloses the variable aperture module according to claim 1, wherein the movable component (3, fig. 24) has an outer peripheral surface (evident from fig. 24), and the shape memory alloy wire (11-14) is wound around the outer peripheral surface (evident from fig. 24, page 25 ¶3) Stephen is not found disclosing that the SMA wires are wounded for a plurality of circles. However, BLECHA discloses SMA wires are wounded for a plurality of circles for an SMA actuator (¶0011). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to design the peripherally wounded SMA wires of Stephen in form of a plurality of circles as disclosed by BLECHA, because, in that case circular peripheral shaped variable apertures can be controlled, achievable by simple substitution of one prior art elements with another ready to be improved according to known method to yield predictable results (see MPEP §2143.I). Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephen in view of Carr et al. (WO 2024047345 A1, hereinafter Carr). Regarding claim 17, Stephen discloses the variable aperture module according to claim 1, except, wherein the variable aperture module further comprises: a grounding component disposed between the movable component and the second clamping component and electrically connected to the second clamping component. However Carr discloses that the second SMA element of each pair may be electrically connected to the first SMA element at one end and to a common ground terminal 51g at the other end (page 15, ¶2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to dispose a grounding component between the movable component and the second clamping component and electrically connected to the second clamping component, similar to what is disclosed in Carr, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious (see MPEP §2143.I). . Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stephen in view of You et al. (US 20240061317 A1, hereinafter You). Regarding claim 19, Stephen discloses the variable aperture module according to claim 1, except, further comprising: an insulation component separating the second clamping component from the shape memory alloy wire. However, You discloses that the clamping jaw that clamps the SMA wire could potentially be made from insulating material (¶0183). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use an insulation component separating the second clamping component from the shape memory alloy wire, similar to what is disclosed in You, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious (see MPEP §2143.I). Allowable Subject Matter Claims 2-5, 7, 9, 10, 12-16, 18, and 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: Prior arts of record taken alone or in combination fails to reasonably disclose or suggest, Regarding claim 2, wherein the fixing component has a first position-limiting groove and a third position-limiting groove, the movable component has a second position-limiting groove, and the first clamping component, the second clamping component and the third clamping component are disposed in the first position-limiting groove, the second position-limiting groove and the third position-limiting groove respectively. Claims 3-4 are allowable for being dependent on allowable clam 2. Regarding claim 5, wherein the first clamping component comprises a first portion and a second portion connected to the first portion, and the first wire end is clamped between the first portion and the second portion. Regarding claim 7, wherein the fixing component has an inner peripheral surface and a circuit board limiting groove, and the circuit board limiting groove is recessed relative to the inner peripheral surface to accommodate the circuit board. Regarding claim 9, wherein the fixing component further comprises: a body having a first outer peripheral surface and an inner peripheral surface; and a flange protruding relative to the first outer peripheral surface and having a second outer peripheral surface; wherein the variable aperture module further comprises a circuit board, and the circuit board extends from the inner peripheral surface to protrude beyond the second outer peripheral surface. Regarding claim 10, wherein the shape memory alloy wire comprises: a conductive wire body; and an insulation layer covering the conductive wire body; wherein the first wire end, the second wire end and the portion expose the conductive wire body. Regarding claim 12, wherein the movable component has a groove, the groove surrounds a central axis of the movable component for a plurality of circles, and the shape memory alloy wire is disposed in the groove. Regarding claim 13, wherein the movable component comprises an inner peripheral surface; the fixing component comprises an outer peripheral surface and a first protrusion, the first protrusion protrudes relative to the outer peripheral surface, and the first protrusion abuts against the inner peripheral surface. Claim 14 is allowable for being dependent on allowable clam 13. Regarding claim 15, wherein the movable component comprises an inner peripheral surface and a second protrusion, the second protrusion protrudes relative to the inner peripheral surface; the fixing component comprises an outer peripheral surface and a first protrusion, the first protrusion protrudes relative to the outer peripheral surface, and a first lateral surface of the first protrusion abuts against a second lateral surface of the second protrusion. Claim 16 is allowable for being dependent on allowable clam 15. Regarding claim 18, wherein the movable component has a slide groove, the slide groove has a groove length, the first clamping component is slidably disposed in the slide groove, the first clamping component has a width, and the groove length is greater than the width. Regarding claim 20, wherein the shape memory alloy wire comprises a first segment and a second segment separated from the first segment, the first segment has the first wire end and a third wire end, and the second segment has the second wire end and a fourth wire end; wherein the first clamping component clamps the first wire end of the first segment, two second clamping components clamp the third wire end of the first segment and the fourth wire end of the second segment respectively, and the third clamping component clamps the second wire end of the second segment. Conclusion The prior and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are – Hattori et al. (US 20260056444 A1), Li et al. (US 20250362565 A1), who disclose SMA based actuators used in camera modules potentially to control a variable aperture component. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm. 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, Lin Ye can be reached on 571-272-7372. 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. /SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638
Read full office action

Prosecution Timeline

Jan 03, 2025
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
95%
With Interview (+5.3%)
1y 11m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 649 resolved cases by this examiner. Grant probability derived from career allowance rate.

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