DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract of the disclosure is objected to because the abstract does not allow the reader to determine quickly from a cursory inspection of the abstract the nature and gist of the technical disclosure and that which is new in the art to which the invention pertains. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b) I A.
The abstract simply discusses a driving assembly which moves a movable portion connected to an optical member where the movable portion is movable with respect to a fixed portion. The abstract appears to be missing the general details of what the applicant believes to be novel in the implementation of the driving assembly, the movable portion and the fixed portion.
If the invention is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. See MPEP § 608.01(b) I B.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of copending Application No. 19207842 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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 2-20 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.
There is a lack of antecedent basis for “the center of the movement range” as recited in claim 2.
Claim Rejections - 35 USC § 102
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) 1-3 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (CN110780415). Wu teaches an optical member driving mechanism, comprising: a movable portion 1-108/3-200, configured to connect an optical member (“the bearing seat 1-108 can move relative to the fixed assembly, the bearing seat 1-108 is used for bearing an optical element (not shown), such as a lens, and said optical element defining an optical axis O.”); a fixed portion (1-102/1-112 or 3/110/3-120), wherein the movable portion is movable relative to the fixed portion; and a driving assembly 1-M11/12 and 1-DCL, configured to drive the movable portion to move (“the driving component is electrically connected to the circuit assembly 1-114 and can drive the bearing seat 1-108 to move relative to the fixed assembly such as 1-112 mobile relative to the base.”)
Regarding claim 2, the fixed portion comprises: a first surface (top of 1-102, see fig. 2 also see fig. 25, 3-O1), facing a light-entering side; a second surface (bottom of 1-112, see also fig. 25, 3-O2), facing a light-exiting side; a first opening, formed on the first surface; and a second opening, formed on the second surface, wherein an optical axis (1-O) passes through the first opening and the second opening, the movable portion comprises a connecting surface (inner ring of 1-108 or 3-220), and the connecting surface faces the optical member, the movable portion is movable relative to the fixed portion in a movement range (“the maximum distance (hereinafter called second limit moving range). movement range of the optical element bearing seat 3-210 is a first limit range and the second limit the moving range of the sum.”), and when the movable portion is in a default position (“when the drive assembly 3-500 not providing driving force, the optical element bearing seat 3-210 hung on a default position by the first elastic element 3-300 and second elastic elements 3-400, 3-210”), the movable portion is disposed at the center of the movement range (between 3-D1 and 3-D2, see fig. 25 for example), when the movable portion is in the default position, as observed along the optical axis, a shortest distance between the connecting surface and the first surface (3-D2) is different from a shortest distance between the connecting surface and the second surface (3D1). See fig. 25.
Regarding claim 3, when the movable portion is in the default position, as observed along the optical axis, the shortest distance between the connecting surface and the first surface (3-D1) is greater than the shortest distance between the connecting surface and the second surface (3-D2). (“In the present embodiment, the first limit range is greater than the second limit moving range”. See also fig. 25 which shows 3-D1 > 3-D2).
Regarding claim 20, the fixed portion comprises a frame 4-230 and a base 4-210, the frame and the base are engaged with each other, and the driving assembly is affixed to the frame, wherein the driving assembly comprises a circuit board 4-500 and a wire 4-C, the circuit board is disposed on the base (fig 45), and the wire passes through a gap between the frame and the base and connects to the circuit board and the driving assembly. See figs. 45 and 47.
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) 4-5 and 10-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN110780415) in view of Fan (U.S. Publication No. 20170363837). Wu teaches the base comprises: a first depression 1-1127 structure, formed on the second surface and configured to receive an optical unit 1-130. See fig. 10 for example. Wu teaches the salient features of the claimed invention except for a first protrusion structure, protruding outwardly from the second surface and adjacent to the first depression structure; and a second protrusion structure, protruding outwardly from the second surface and adjacent to the first protrusion structure, wherein a height of the first protrusion structure protruding from the second surface is greater than a height of the second protrusion structure protruding from the second surface. Fan teaches in fig. 4 the base comprises: a first protrusion structure 24A, protruding outwardly from the second surface and adjacent to the first depression structure (24 A is adjacent 22); and a second protrusion structure 24B, protruding outwardly from the second surface and adjacent to the first protrusion structure, wherein a height of the first protrusion structure protruding from the second surface is greater than a height of the second protrusion structure protruding from the second surface. See fig. 4. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize the features of Fan for the purpose of providing a strong anti twist function. See ¶50.
Regarding claim 5, Wu teaches in fig. 45 wherein the base further comprises a second depression structure (see depression area for 4-221), formed on the second surface and configured to receive an electronic member (4-221), wherein the second depression structure does not communicate with the first depression structure. (4-221 is not for control/communication of the imaging element.) See also 4-222.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN110780415) in view of Cheng (U.S. Publication No. 20220070351). Wu teaches the salient features of the claimed invention except for a first guiding member, connected to the fixed portion, wherein the movable portion is movably connected to the first guiding member; and a second guiding member, connected to the fixed portion, wherein the movable portion is movably connected to the second guiding member, wherein the fixed portion comprises a base, the base comprises a third opening and a fourth opening, the third opening is formed on the second surface and corresponds to the first guiding member, and the fourth opening is formed on the second surface and corresponds to the second guiding member. Cheng teaches a first guiding member 201, connected to the fixed portion, wherein the movable portion is movably connected to the first guiding member; and a second guiding member 202, connected to the fixed portion, wherein the movable portion is movably connected to the second guiding member, wherein the fixed portion comprises a base, the base comprises a third opening and a fourth opening, the third opening is formed on the second surface and corresponds to the first guiding member, and the fourth opening is formed on the second surface and corresponds to the second guiding member. See ¶45 and figs. 7-11. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize the features of Cheng for the purpose of greater resistance to shock or vibration.
Allowable Subject Matter
Claims 6-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park (U.S. Patent No. 10830980) teaches a camera structure including a base with protrusions and recesses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MAHONEY whose telephone number is (571)272-2122. The examiner can normally be reached 9-5:30.
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/CHRISTOPHER E MAHONEY/Primary Examiner, Art Unit 2852
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