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 § 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 3-9 are 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.
The term “substantially” in claims 3, 5 and 7 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Other claims that do not explicitly use the term substantially are indefinite because of their incorporation of the term from at least claim 3.
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.
Claim(s) 1-10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2011/0249131 A1 to Topliss et al in view of U.S. Patent Application Publication 2020/0073200 A1 to Eom.
With respect to claim 1 Topliss discloses, in Fig. 1-22, a lens driving device, comprising: a base member (3); a lens holding member (103) configured to hold a lens body (paragraph 83); and a driver (20) configured to include a shape memory alloy wire (21) configured to move the lens holding member along an optical axis direction with respect to the base member (Fig. 7 and paragraph 95), wherein the shape memory alloy wire includes a first wire (21), the base member is provided with a first base-side member (22) and a second base-side member (22) which are arranged to be separated from each other in a first direction intersecting with the optical axis direction, the first wire has one end portion fixed to the first base-side member and an other end portion fixed to the second base-side member (paragraph 93), and an intermediate portion of the first wire positioned between the one end portion and the other end portion of the first wire is fixed to a first central fixing portion (14) provided on the lens holding member (paragraph 88 and 96; where the wire is attached to the bracket 14 via hook 24), the first central fixing portion is arranged between the first base-side member and the second base-side member in a plan view along the optical axis direction (Fig. 2 and paragraph 92), and the intermediate portion of the first wire is arranged at a position different from each of the one end portion and the other end portion of the first wire in the optical axis direction (Fig. 2 and 7).
Topliss states that the first and second base-side member (22) is conductive and allow for soldering (paragraph 93) but does not expressly disclose they are metal.
However, in analogous art, Eom discloses shape memory alloy actuators for a camera module (abstract) that comprises shape memory alloy wires (141) with holding members (142a) connected to each end of the wire and an intermediate connector portion (143a) connected to the wire in the middle (Fig. 5) and where the holding members and intermediate connector portions are made of metal (paragraph 75-76). Therefore, Eom teaches wherein the first and second base-side members are first and second base-side metal members (and where the intermediate portion is metal).
Before the application was effectively filed it would have been obvious to one of ordinary skill in the art to have made the connectors of Topliss from metal as taught by Eom for doing so would merely be a simple substitution of one known material for another to obtain predictable results, because Topliss states its base-side members are conduction and metal is a common conductor and because it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416).
With respect to claim 2 Topliss in view of Eom teaches the lens driving device according to claim 1, wherein the first central fixing portion is configured by a first lens-side metal member formed of a metal (paragraph 94 of Topliss and discussion with respect to making something metal of above claim 1 where making the central fixing portion metal has already been discussed).
With respect to claim 3 Topliss in view of Eom teaches the lens driving device according to claim 2, wherein the first base-side metal member, the second base-side metal member, and the first lens-side metal member are configured by respective metal plates having respective plate-shaped base portions (Fig. 4 and 5 of Topliss; where they can be seen as plate shaped), and plate surfaces of the base portions respectively constituting the first base-side metal member, the second base-side metal member, and the first lens-side metal member are substantially parallel to each other (Fig. 2 of Topliss).
With respect to claim 4 Topliss in view of Eom teaches the lens driving device according to claim 3, wherein the intermediate portion of the first wire is positioned at a position lower than each of the one end portion and the other end portion of the first wire in the optical axis direction (Fig. 7 of Topliss), the shape memory alloy wire includes a second wire, the base member is provided with a third base-side metal member and a fourth base-side metal member which are arranged to be separated from each other in a second direction which intersects the optical axis direction and is perpendicular to the first direction (Fig. 6 of Topliss; where one actuator can be seen for each side of the base), the second wire has one end portion fixed to the third base-side metal member and an other end portion fixed to the fourth base-side metal member, an intermediate portion of the second wire positioned between the one end portion and the other end portion of the second wire is fixed to a second lens-side metal member as a second central fixing portion provided on the lens holding member, the second lens-side metal member is arranged between the third base-side metal member and the fourth base-side metal member in a plan view along the optical axis direction, and the intermediate portion of the second wire is arranged at a position higher than each of the one end portion and the other end portion of the second wire in the optical axis direction (Fig. 6 of Topliss; where one actuator can be seen for each side of the base and a second actuator meets all the above limitations for the same reasons as already discussed for the first actuator of claim 1-3).
With respect to claim 5 Topliss in view of Eom teaches the lens driving device according to claim 4, wherein the third base-side metal member, the fourth base-side metal member, and the second lens-side metal member are configured by respective metal plates having respective plate-shaped base portions, and plate surfaces of the base portions respectively constituting the third base-side metal member, the fourth base-side metal member, and the second lens-side metal member are substantially parallel to each other (Fig. 6 of Topliss; see claim 3 as this mirrors the limitation of claims 1-3 but for a second actuator which can be seen in Fig. 6 as Topliss has one actuator on each side).
With respect to claim 6 Topliss in view of Eom teaches the lens driving device according to claim 5, wherein the first base-side metal member and the third base-side metal member have a same shape and a same size, the second base-side metal member and the fourth base-side metal member have a same shape and a same size, and the first lens-side metal member and the second lens-side metal member have a same shape and a same size (Fig. 6 of Topliss; where each side has the same actuator arrangement).
With respect to claim 7 Topliss in view of Eom teaches the lens holder driving device according to claim 5, wherein plate surfaces of the base portions respectively constituting the first base-side metal member, the second base-side metal member, the third base-side metal member, the fourth base-side metal member, the first lens-side metal member, and the second lens-side metal member are substantially perpendicular to the optical axis direction (Fig. 2 of Topliss; where each plate can be seen having a thickness perpendicular to the optical axis).
With respect to claim 8 Topliss in view of Eom teaches the lens holder driving device according to claim 7, wherein in a plan view along the optical axis direction, the first wire is arranged along one of two sides substantially perpendicular to each other, and the second wire is arranged along the other of the two sides, and the second base-side metal member and the third base-side metal member are at least partially facing each other in the optical axis direction (Fig. 2 of Topliss).
With respect to claim 9 Topliss in view of Eom teaches the lens holder driving device according to claim 4, wherein the shape memory alloy wire includes a third wire and a fourth wire, the base member is provided with a fifth base- side metal member and a sixth base-side metal member which are arranged to be separated from each other in the first direction, and a seventh base-side metal member and an eighth base-side metal member which are arranged to be separated from each other in the second direction, the third wire has one end portion fixed to the fifth base-side metal member and an other end portion fixed to the sixth base-side metal member, an intermediate portion of the third wire positioned between the one end portion and the other end portion of the third wire is fixed to a third lens-side metal member as a third central fixing portion provided on the lens holding member, the fourth wire has one end portion fixed to the seventh base-side metal member and an other end portion fixed to the eighth base-side metal member, an intermediate portion of the fourth wire positioned between the one end portion and the other end portion of the fourth wire is fixed to a fourth lens-side metal member as a fourth central fixing portion provided on the lens holding member, and the first wire and the third wire are provided to be separated from each other with the lens holding member interposed therebetween in the second direction, the second wire and the fourth wire are provided to be separated from each other, with the lens holding member interposed therebetween in the first direction, the first base-side metal member, the third base- side metal member, the fifth base-side metal member, and the seventh base-side metal member have a same shape and a same size, the second base-side metal member, the fourth base-side metal member, the sixth base-side metal member, and the eighth base-side metal member have a same shape and a same size, and the first base-side metal member, the second base-side metal member, the third base-side metal member, and the fourth base-side metal member have a same shape and a same size (See claims above and Fig. 6 of Topliss which shows each side of the device has an identical actuator which meets the limitations of the claim).
With respect to claim 10 Topliss discloses further comprising: a plate spring (10) that connects the lens holding member and the base member (paragraph 88-89).
With respect to claim 12 Topliss in view of Eom teaches camera module (paragraph 81 of Topliss), comprising: the lens driving device according to claim 1; the lens body fixed to the lens holding member; and an image sensor facing the lens body (paragraph 83-84 of Topliss).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2011/0249131 A1 to Topliss et al in view of U.S. Patent Application Publication 2020/0073200 A1 to Eom in further view of U.S. Patent Application Publication 2025/0027485 A1 to Brown et al.
With respect to claim 11 Topliss in view of Eom teach the lens driving device according to claim 1; where the lens holder and the base are maintained in a predetermined positional relationship with each other by a spring member (paragraph 95).
However, Topless in view of Eom do not expressly disclose wherein the lens holding member is provided with a lens-side magnetic member, the base member is provided with a magnet, and the lens holding member and the base member are configured to maintain a predetermined positional relationship with each other by an attraction force acting between the magnet and the lens-side magnetic member.
However, in analogous art Brown teaches an actuator that uses SMA wires (abstract) where the positional relationship between the support structure and the movable part in connection between the wires can be maintained in a predetermined positional relationship with a spring (paragraph 43) or alternatively the positions can be maintained instead by magnets (paragraph 62-63). Therefore, Brown teaches wherein the lens holding member is provided with a lens-side magnetic member, the base member is provided with a magnet, and the lens holding member and the base member are configured to maintain a predetermined positional relationship with each other by an attraction force acting between the magnet and the lens-side magnetic member.
Before the invention was effectively filed it would have been obvious to use a magnet arrangement as taught by Brown instead of the spring arrangement disclose by Topliss in view of Eom for doing so would be a simple substitution of one known element in Topliss for another, as in Brown, to obtain predictable results as Brown states they are alternative methods to each other for biasing the SMA actuators.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL M PASIEWICZ whose telephone number is (571)272-5516. The examiner can normally be reached M-F 9 AM - 5:30 PM EST.
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/DANIEL M PASIEWICZ/Primary Examiner, Art Unit 2699
July 27, 2026
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