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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 2 are rejected under 35 U.S.C. § 103 as being unpatentable over Xu et al. (US 2022/0264011).
Regarding claim 1, Xu discloses an optical element drive device (Figure 2; [0060] discloses: 200, camera module, and a voice coil motor actuator), comprising:
a fixed-side member ([0060] discloses: 210, magnet holder, a stationary component);
an optical element holder ([0060] discloses: 208, lens carrier) that includes a through-hole portion (Figure 2 depicts: 208, lens carrier with a through-hole) penetrating therethrough in a vertical direction (Figure 2 depicts: 208, lens carrier with a through-hole, penetrating in the optical axis direction, the vertical direction) and capable of holding an optical element ([0060] discloses: 208, lens carrier, configured to hold 102, lens);
a support member ([0062] discloses: 222, upper spring flexure and 225, lower spring flexure) configured to support the optical element holder ([0062] discloses: 208, lens carrier, supported via one or more spring flexures) so as to be movable in the vertical direction ([0062] discloses: spring flexures allow 208, lens carrier, a range of motion, along the optical axis); and
a driver ([0060] discloses: VCM actuator, including 212, coils and 214, magnets) configured to move the optical element holder at least in the vertical direction with respect to the fixed-side member ([0061] discloses: VCM, moves lens carrier, along the optical axis; Examiner notes that this movement is considered to be done with respect the stationary component 201, magnet holder), wherein
the fixed-side member includes a housing portion ([0061] discloses: 220, pocket) open at least on one of an upper side or a lower side (Figure 2 depicts: 220, pocket, open on upper side; Examiner notes that the pocket is open to hold 216, viscoelastic material),
the optical element holder includes a projection a tip ([0061] discloses: 218, interface member; considered to be the projection) thereof being inserted into the housing portion (Figure 2 depicts: 218, interface member, inserted into 220, pocket),
a vibration damper ([0061] discloses: 216, viscoelastic material) is accommodated in the housing portion (Figure 2 depicts: 216, viscoelastic material, accommodated in the housing portion), and
the tip of the projection contacts the vibration damper provided in the housing portion (Figure 2 depicts: tip of 218, interface, contacting 216, viscoelastic material, that is provided in 220, pocket).
Regarding claim 2, Xu discloses the optical element drive device according to claim 1, wherein
the projection is formed of a metal ([0082] discloses: interface member, may be made of metal; Examiner notes that the interface member of the different embodiments are considered analogous).
Claims 3-5 are rejected under 35 U.S.C. § 103 as being unpatentable over Xu et al. (US 2022/0264011), as applied to claim 2 above, in view of Wang et al. (US 2017/0075086) in view of Su et al. (US 2021/0364727).
Regarding claim 3, Xu discloses the optical element drive device according to claim 2.
Xu fails to disclose an optical drive wherein a metal member is embedded in the optical element holder, and the projection is formed as a part of the metal member and is exposed from the optical element holder. Xu and Wang are related because both disclose optical driving elements.
Wang teaches an optical drive wherein a metal member is embedded in the optical element holder (Claim 1 teaches: insert members inserted into the lens holder; [0002] teaches: insert member can be made partially or entirely of metal). Xu and Su are related because both disclose driving units.
Su teaches an optical drive wherein
a metal member ([0046] teaches: 522, connection arms), and
the projection (Figure 5 depicts: 521, pin, considered the projection) is formed as a part of the metal member ([0046] teaches: 521, pins and 522, connection arms are part of 520, metal structure portion) and is exposed from the optical element holder (Figure 5 depicts: 521, pins, exposed from the optical element holder).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xu in view of Su and Wang and provide an optical drive wherein a metal member is embedded in the optical element holder, and the projection is formed as a part of the metal member and is exposed from the optical element holder. Doing so would allow for the metal dampening projection to be securely integrated with the optical element holder while reducing separate attachment and positioning tolerances, thereby improving manufacturing accuracy and reliability.
Regarding claim 4, the modified Xu discloses the optical element drive device according to claim 3, wherein
the metal member (Su: [0046] teaches: 522, connection arms) is formed of a metal plate (Su: [0046] teaches: 520, metal structure portion) and includes a base embedded in the optical element holder (Wang: Figure 4A depict: 23, insert member, incudes 231 ,first connecting end, embedded in the element holder; Examiner notes that the same motivation to combine applied to an earlier claim, 3, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged), and
the base includes a portion wider than a width of the tip of the projection (Wang: Figure 4B depicts: 231, first connecting end, wider than a width of 232, second connecting end, analogous to the tip of the projection; Examiner notes that the same motivation to combine applied to an earlier claim, 3, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Regarding claim 5, the modified Xu discloses the optical element drive device according to claim 4, wherein
the metal member includes a bent portion between the base and the projection (Wang: Figure 4B depicts: bent portion between 231, and 231, analogous to the base and the projection; Examiner notes that the same motivation to combine applied to an earlier claim, 3, also applies here, and no further analysis is required, consistent with MPEP § 2143, which permits reliance on previously articulated rationale where the combination and reasonings remain unchanged).
Claim 6 is rejected under 35 U.S.C. § 103 as being unpatentable over Xu et al. (US 2022/0264011), as applied to claim 1 above, in view of Lee et al. (US 2015/0309282)
Regarding claim 6, Xu discloses the optical element drive device according to claim 1, wherein
Xu fails to disclose a device wherein the optical element holder includes a through-hole portion the housing portion is exposed therefrom. Xu and Lee are related because both disclose optical drive elements.
Lee teaches a device wherein the optical element holder includes a through-hole portion the housing portion is exposed therefrom ([0125] teaches: 117, receiving recess has 119, opening formed in one of lower surface and upper surface of 110, bobbin).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xu in view of Lee and provide a device wherein the optical element holder includes a through-hole portion the housing portion is exposed therefrom. Doing so would allow for access to the damping housing through the optical element holder for introduction of the dampening material, thereby facilitating assembly and reducing defects associated with material application.
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Xu et al. (US 2022/0264011), as applied to claim 1 above, in view of You et al. (US 2011/0217034).
Regarding claim 7, Xu discloses the optical element drive device according to claim 1, wherein
the support member ([0062] discloses: 222, upper spring flexures and 225, lower spring flexures) includes an upper plate spring fixed to an upper part of the optical element holder ([0062] discloses: 222, upper spring flexures), and lower plate springs fixed to a lower part of the optical element holder ([0062] discloses: 225, lower spring flexures),
the fixed-side member ([0060] discloses: 210, magnet holder) includes a base member, (Figure 2 depicts: 228, base), and a cover integrated with the base member (Figure 2 depicts: 232, shield can, integrated with 228, base).
Xu fails to disclose a device wherein a spacer disposed between a ceiling of the cover and the upper plate spring, and the housing portion is provided on a lower-surface side of the spacer. Xu and You are related because both disclose optical elements.
You teaches a device wherein a spacer disposed between a ceiling of the cover and the upper plate spring (Figure 2 depicts: 700, spacer member, disposed between top of 750, cover, considered the ceiling of the cover, and 650, plate spring, considered the upper plate spring).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xu in view of You and provide a device wherein a spacer disposed between a ceiling of the cover and the upper plate spring, and the housing portion is provided on a lower-surface side of the spacer. Doing so would allow for access to the damping housing through the optical element holder for introduction of the dampening material, thereby facilitating assembly and reducing defects associated with material application.
Xu fails to disclose wherein the housing portion is provided on a lower-surface side of the spacer. However, choosing placement of the dampening pocket is a design choice and well within the bounds of normal experimentation. See MPEP 2144.04, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975), and In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Accordingly, it would have been obvious to design choice to disclose wherein the housing portion is provided on a lower-surface side of the spacer since it is not inventive to dis-cover the optimum or workable designs by routine experimentation. Since applicant has not disclosed that designing the housing portion on the lower surface side of the spacer described in the instant application solves any stated problem or is for any particular purpose or absent and showing of critically. Moreover, it appears that the invention would perform equally well with the dampening pocket in various places on in the camera module, as long as the function remains, and success in doing so would have been predictable. Therefore, the claimed use of wherein the housing portion is provided on a lower-surface side of the spacer represents a routine variation within the skill of the art.
Claim 8 is rejected under 35 U.S.C. § 103 as being unpatentable over Xu et al. (US 2022/0264011) in view of You et al. (US 2011/0217034), as applied to claim 7 above, view of Su et al. (US 2021/0364727).
Regarding claim 8, Xu discloses the optical element drive device according to claim 7.
Xu fails to disclose a device wherein the base member includes an opening portion configured to expose the housing portion therefrom. Xu and Su are related because both disclose driving units.
Su teaches a device wherein the base member includes an opening portion configured to expose the housing portion therefrom ([0044] teaches: 10, base with 110, opening; Examiner notes that this hole in the base is considered to expose 60, dampening elements to the open).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xu in view of Su and provide a device wherein the base member includes an opening portion configured to expose the housing portion therefrom. Doing so would allow for easier access to the dampening material during assembly thereby improving manufacturability.
Claim 9 is rejected under 35 U.S.C. § 103 as being unpatentable over Xu et al. (US 2022/0264011), as applied to claim 1 above, in view of Hubert et al. (US 2016/0070114).
Regarding claim 9, Xu discloses the optical element drive device according to claim 1, wherein
the support member ([0062] discloses: 222, upper spring flexures and 225, lower spring flexures) includes an upper plate spring fixed to an upper part of the optical element holder ([0062] discloses: 222, upper spring flexures), and lower plate springs fixed to a lower part of the optical element holder ([0062] discloses: 225, lower spring flexures),
the fixed-side member ([0060] discloses: 210, magnet holder) includes a base member (Figure 2 depicts: 228, base), and a cover integrated with the base member (Figure 2 depicts: 232, shield can, integrated with 228, base).
Xu fails to disclose a device with the housing portion is provided on an upper-surface side of the base member. Xu and Hubert are related because both disclose driving units.
Hubert teaches a device with the housing portion is provided on an upper-surface side of the base member (Figure 4 depicts: 3040, dampers, provided on an upper surface side of 3008, base via 3020, plurality of wires).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Xu in view of Hubers and provide a device with the housing portion is provided on an upper-surface side of the base member. Doing so would allow for reducing vibration and impact of the moving assembly, thereby improving the overall quality and functionality of the optical system.
Compact Prosecution
Applicant is encouraged to consider amending the claims to recite the spacer projecting portions extending into the through-holes of the optical element holder, with the housing portions disposed at least partially within the optical element holder, if supported by the specification. Such additional structure may further distinguish the claimed device from the cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Tanaka (US 2021/0294070) and Hubert et al. (US 2015/0212336) both disclose relevant damping for OIS but fails to disclose the correct position of elements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Sipes whose telephone number is (703)756-1372. The examiner can normally be reached Monday - Friday 4:30-9:30/12:30-7:30 (CT).
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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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John Sipes
Examiner
Art Unit 2872
/J.C.S./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights