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 .
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 [20] is rejected on the ground of nonstatutory double patenting as being unpatentable over claim [1] of U.S. Patent No. [10, 948, 803] in view of Choi (US. 2019/0049692) .
Reclaim [20] US. PAT, No. [10,948,803] discloses everything except a cover comprising an upper plate and a lateral plate; a lens barrel disposed in the cover.
Nonetheless in the same field of endeavor Choi discloses a camera module as US. PAT, No. [10,948,803], (see Choi fig. 2). Choi further discloses a cover comprising an upper plate and a lateral plate (see 120 fig. 2 and the upper plate being the upper surface of 120 and the extended side surface being the lateral surface as depicted in fig. 2); a lens barrel disposed in the cover (see ¶0056, side part 120 and the lens carrier 130 have a structure in which they are engaged with each other. Portions of the lens carrier 130 and portions of the base part 110 are coupled to each other in a ruggedness form, [ by the virtue of structurally engaged with the lens carrier 130]).
Hence it would have been obvious to one of ordinary skill in the art to have been motivated to modify US. PAT, No. [10,948,803] by structurally modifying the cover of US. PAT, No. [10,948,803] as taught in Choi in order to make the device of US. PAT, No. [10,948,803] more compact and to thereby enhancing transportability,
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 (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 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.
Claim(s) [20] is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US. 2019/0049692) in view of Yoon (US. 2006/0257131).
Reclaim [20] Choi discloses a camera module (see fig. 2) comprising: a cover comprising an upper plate and a lateral plate (see 120 fig. 2 and the upper plate being the upper surface of 120 and the extended side surface being the lateral surface as depicted in fig. 2); a lens barrel disposed in the cover (see 181 fig. 2 , and ¶0056, side part 120 and the lens carrier 130 have a structure in which they are engaged with each other. Portions of the lens carrier 130 and portions of the base part 110 are coupled to each other in a ruggedness form [ by the virtue of structurally engaged with the lens carrier 130]); a lens coupled with the lens barrel (see 181 fig. 2, and the lens module incorporates the lens holder , barrel, and the lens); a housing disposed between the cover and the lens barrel (see 110, 181, and 120, the housing being 110 as depicted in fig. 2); a blade unit configured to adjust a degree of opening of a hole through which light passes (see 179 fig. 2); The light amount adjustment driving part 170 is disposed in the lens carrier 130, and includes a second magnet 173 having a circular shape, second coils 175a and 175b).
Choi discloses a carrier 130 for moving the lens module 181 in an optical axis direction (see ¶ 0069). However Choi doesn’t seem to explicitly discloses a first magnet and a first coil configured to move the lens barrel in a direction of an optical axis, which is a center axis of the lens.
Nonetheless in the same field of endeavor Yoon discloses a camera module as Choi (see Yoon fig. 8). Yoon further discloses: a first magnet and a first coil configured to move the lens barrel in a direction of an optical axis, which is a center axis of the lens (see fig. 8 and ¶¶ 0034-0036 The lens guide portion 40 defining a displacement chamber for the lens barrel 3 and is integral to the lens housing 20 to guide the lens barrel 3. The lens barrel 3 experiences a bi-directional linear movement whenever a current is supplied to the coil 31, electromagnetic fields are generated by the coil 31 to cause the permanent magnets 21 to generate an electromotive force to move the lens barrel 3 upward and downward in the direction of the optical axis A1).
Hence it would have been obvious to one of ordinary skill in the art to have been motivated to modify Choi before the effective filling date of the claimed invention by the teachings of Yoon, for example by reconfiguring the guide mechanism of Choi by the lens barrel shifting system of Yoon, since this would allow to translate the lens barrel of Choi linearly by using electromagnetic force and thereby enhancing versatility or obtain the claimed invention.
Allowable Subject Matter
Claims [1-19] are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Reclaim [1] none of the prior arts on the record either singularly or in combination teaches or reasonably suggests: A camera module comprising: an elastic support unit comprising a first portion connected with the second coil and a second portion connected with the second substrate, wherein the elastic support unit comprises an elastic portion connecting the first portion and the second portion, and wherein at least a portion of the elastic portion is configured to move together with the lens barrel when a current is applied to the first coil ; in conjunction with the other limitation of the claim.
Claims [2-17] are allowed due to their direct or indirect dependency on claim [1].
Reclaim [18] none of the prior arts on the record either singularly or in combination teaches or reasonably suggests: A camera module comprising: an elastic support unit comprising a first portion connected with the second Hall sensor, a second portion connected with the second substrate, and an elastic portion connecting the first portion and the second portion, wherein at least a portion of the elastic portion is configured to move with the lens barrel when a current is applied to the first coil; in conjunction with the other limitation of the claim.
Claim [19] is allowed due to its dependency non claim [18].
Below are the closest references:
Topliss (US. 2016/0033739) discloses: This disclosure relates generally to control of the motion of camera components. More specifically, this disclosure relates to an actuator for a zoom lens in a miniature camera. Paragraph: [0003].
Choi (US. 2019/0049692) discloses: The present disclosure provides a camera lens assembly in which a lens carrier stably moves forward and backward by disposing a plurality of needle bearings between a base and a lens carrier together with a structure in which portions of the base and portions of the lens carrier are coupled to each other in a ruggedness form. In paragraph: [0005].
Chen (2017/0195530) discloses: The present invention relates to a camera device, and more particularly, to a camera device with an adjustable aperture. In paragraph [0001].
Yu (US. 2017/0108705) discloses: The elastic members are configured so that four wire springs are symmetrically arranged, and these wire springs connect the supporting structure with the moving unit to limit the movement along the optical axis direction and to enable movement along X and Y axes (X-axis and Y-axis). In paragraph {0009].
Shukla(US. 2014/0066122) discloses: a portable electronic device having an electromechanical module with an actuator for positioning a mechanical element between first and second positions. In paragraph [0005].
Yoon (US. 2006/0257131) discloses: The present invention generally relates an auto focus control apparatus for a camera module, and more particularly to an auto focus control apparatus for a camera module which can provide excellent preview image quality prior to shooting and/or editing an image after acquisition. In paragraph [0003].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
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, Twyler Haskins can be reached at 571-272-7406. 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.
/AHMED A BERHAN/Primary Examiner, Art Unit 2639
Prosecution Insights