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 (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 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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20230418130 A1 (JUNG; Tae Jin).
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Per claim 1, Jung teaches an optical element driving mechanism [100], comprising: a movable portion [110] used for connecting an optical module [guide portion 11]; a fixed portion [140], wherein the movable portion is movable relative to the fixed portion [inherent]; and a driving assembly used for driving the movable portion to move [see paragraph 0080: “The lens moving apparatus 100 may further include at least one of an upper elastic member 150, a lower elastic member 160, a support member 220, a first position sensor 170, a circuit board 190, or a second magnet 180.”]
Per claim 2, Jung teaches the optical element driving mechanism as claimed in claim 1, further comprising a circuit assembly [150], and the circuit assembly comprises a first circuit [310]; wherein: the movable portion comprises: a first surface [top surface]; a first recess formed on the first surface [112a] and having a recessed structure [see paragraph 0094: “a first escape recess 112a”]; a second surface located on the first recess and facing the first circuit [the lower surface at the bottom of the recess faces outward which is where the circuit is positioned, see figure 11A]; and a first positioning structure used for positioning the first circuit [the outside portion of the fixed portion].
Allowable Subject Matter
Claims 3-20 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:
Per claim 3, Jung teaches the optical element driving mechanism as claimed in claim 2, wherein: the first surface and the second surface are parallel to each other [see figure 3A]. In combination with the limitations above, the prior art does not teach the first positioning structure is protruding from the second surface; and a height of the first positioning structure is less than a depth of the first recess.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A DUDEK whose telephone number is (571)272-2290. The examiner can normally be reached Monday-Thursday 6:30-4:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A DUDEK/Primary Examiner, Art Unit 2871
