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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: stationary part 700. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-3, 6, 8-13, 15 and 17-19 is/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.
Claim 1 recites the limitation "a second circuit board part" in line 9 of the claim. There is no defined first circuit board part, rendering the claim indefinite.
Claims 2-3, 6, 8-13 and 15 further depend on claim 1 and do not cure the deficiencies stated above for claim 1 and are therefore rejected as being indefinite.
Claim 12 recites “a second bore” in the first limitation. There is no defined first bore, rendering the claim indefinite.
Claim 17 recites the limitation "the support member" in the last limitation of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 18-19 further depend on claim 17 and do not cure the deficiencies stated above for claim 17 and are therefore rejected as being indefinite.
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, 6, 8, 9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0247931 to Mahmoudzadeh et al. (hereinafter Mahmoudzadeh).
Regarding independent claim 1, Mahmoudzadeh teaches a camera module (camera 300, see figures 3 and 4) comprising:
a stationary part comprising a housing (figures 3 and 4 exhibit shield can 304 as disclosed at paragraph 67), and a magnet disposed on the housing (figure 4 shows magnet 308 disposed on the shield can through magnet holder 306 as disclosed at paragraph 67);
a movable part disposed under the stationary part so as to be spaced apart from the stationary part (figures 3 and 4 show a moveable part comprising OIS frame 322, image sensor 320, OIS FPC 318 and OIS coils 316); and
a connecting part comprising an upper end connected to the stationary part and a lower end connected to the movable part and configured to support the movable part (figures 3 and 4 show base 314 which has an upper part connected to can 304 as disclosed at paragraph 68 and lower part connected to OIS frame 322 as disclosed at paragraph 69),
wherein the movable part comprises:
a coil disposed under the magnet so as to face in a direction parallel to an optical axis (figure 4 shows that coils 316 are located under magnets 308);
a second circuit board part disposed under the housing (figure 4 shows that the OIS FPC 318 is located under can 304);
an image sensor disposed on the second circuit board part (figures 4 and 6 show image sensor 320 which is integrated with OIS FPC 318 as disclosed at paragraph 70),
wherein the movable part connected to the lower end of the connecting part is configured to be movable or tilted in a direction perpendicular to the optical axis by an interaction between the magnet and the coil (paragraph 79 teaches that the image sensor is moved orthogonal to the optical axis by the transverse VCM).
Regarding claim 6, Mahmoudzadeh teaches the camera module according to claim 1, wherein the lower end of the connecting part is coupled to the second circuit board part (lower end of base 314 is coupled to OIS FBC 318 via OIS frame 322, see figure 3).
Regarding claim 8, Mahmoudzadeh teaches the camera module according to claim 1, wherein the optical axis is perpendicular to one surface of the image sensor (the optical axix is perpendicular to the top surface of the image sensor 320, see figure 4).
Regarding claim 9, Mahmoudzadeh teaches the camera module according to claim 1, comprising a lens module spaced apart from the image sensor (lens module 302 is space apart from the image sensor 320 as shown in figure 4).
Regarding claim 13, Mahmoudzadeh teaches the camera module according to claim 1, wherein the coil comprises a plurality of coil units, and the magnet comprises a plurality of magnet units corresponding to the plurality of coil units (figure 3 shows at least 2 magnets 308 and corresponding OIS coils 316).
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) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahmoudzadeh in view of IDS provided reference KR 20190053411 to Park (hereinafter Park).
Regarding claim 10, Mahmoudzadeh teaches the camera module according to claim 1.
But Mahmoudzadeh fails to clearly specify “comprising a filter disposed on the image sensor so as to be spaced apart from the image sensor”.
However, Park teaches a camera module “comprising a filter disposed on the image sensor so as to be spaced apart from the image sensor (filter 610 disposed on image sensor 810 and mounted on holder 600 with protrusion 500 spaces the filter from the image sensor, see Fig. 18)”.
References are analogous art because they are from the same field of endeavor and/or are reasonably pertinent to the particular problem with which the applicant was concerned because they relate to camera modules.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the above camera module as taught by Mahmoudzadeh, by incorporating the components, as taught by Park.
One of ordinary skill in the art would have been motivated to do this modification in order to block the light of a specific frequency band in the light passing through the lens barrel 400 from being incident on the image sensor as suggested by Park (see par. [0387]).
Regarding claim 11, Mahmoudzadeh in view of Park teaches the camera module according to claim 10, wherein the movable part comprises a filter holder disposed around the image sensor, and the filter is disposed on the filter holder (filter holder 600 is disposed around image sensor 810 and the filter 610 is disposed on the filter holder 600, ee Park Fig. 18).
Regarding claim 12, Mahmoudzadeh in view of Park teaches the camera module according to claim 11, wherein the second circuit board part has a second bore through which the image sensor is exposed (OIS FPC 318 has a bore where through which the image sensor 320 is exposed, see Mahmoudzadeh Figs. 3-4).
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.
Claims 1-15 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-13 and 15 of U.S. Patent No. 12,363,407.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant application are anticipated by patent claims as shown infra.
Instant Application
Patent 12,363,407
1. A camera module comprising:
a stationary part comprising a housing, and a magnet disposed on the housing;
a movable part disposed under the stationary part so as to be spaced apart from the stationary part; and
a connecting part comprising an upper end connected to the stationary part and a lower end connected to the movable part and configured to support the movable part,
wherein the movable part comprises:
a coil disposed under the magnet so as to face in a direction parallel to an optical axis;
a second circuit board part disposed under the housing;
an image sensor disposed on the second circuit board part, wherein the movable part connected to the lower end of the connecting part is configured to be movable or tilted in a direction perpendicular to the optical axis by an interaction between the magnet and the coil.
20. A camera module comprising:
a stationary part comprising a first circuit board part;
a movable part disposed under the stationary part and comprising a second circuit board part and an image sensor disposed on the second circuit board part;
a connecting part connecting the stationary part and the movable part.
1. A camera module comprising:
a stationary part comprising a housing, a first circuit board part coupled to the housing, and a magnet disposed on the housing;
a movable part disposed under the stationary part so as to be spaced apart from the stationary part; and
a connecting part comprising an upper end connected to the stationary part and a lower end connected to the movable part and configured to support the movable part,
wherein the movable part comprises:
a holder spaced apart from the housing;
a second circuit board part coupled to the holder and disposed under the first circuit board part;
a coil disposed on the second circuit board part so as to be positioned under the magnet;
an image sensor disposed on the second circuit board part, wherein the movable part connected to the lower end of the connecting part is configured to be movable or tilted in a direction perpendicular to an optical axis by an interaction between the magnet and the coil.
17. A camera module comprising:
a stationary part comprising a first circuit board part;
a movable part disposed under the stationary part and comprising a second circuit board part and an image sensor disposed on the second circuit board part;
a connecting part connecting the stationary part and the movable part,
wherein the movable part is configured to be movable or tilted with respect to the stationary part in a direction perpendicular to an optical axis,
wherein the connecting part comprises a support member comprising an upper end connected to the stationary part and a lower end connected to the movable part,
wherein the first circuit board part comprises a first region connected to the upper end of the support member, second region comprising a connector, and a third region connecting the first region and the second region, and wherein the support member is a wire.
Claim 2 of the instant application is encompassed by patent claim 4.
Claim 3 of the instant application is encompassed by patent claim 2.
Claim 4 of the instant application is encompassed by patent claim 1.
Claim 5 of the instant application is encompassed by patent claim 1.
Claim 6 of the instant application is encompassed by patent claim 5.
Claim 7 of the instant application is encompassed by patent claim 6.
Claim 8 of the instant application is encompassed by patent claim 8.
Claim 9 of the instant application is encompassed by patent claim 9.
Claim 10 of the instant application is encompassed by patent claim 10.
Claim 11 of the instant application is encompassed by patent claim 11.
Claim 12 of the instant application is encompassed by patent claim 7.
Claim 13 of the instant application is encompassed by patent claim 12.
Claim 14 of the instant application is encompassed by patent claim 13.
Claim 15 of the instant application is encompassed by patent claim 15.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2017/0045753 to ENTA discloses an actuator that carries out shake correction by inclining a driven unit using the driving force of a voice coil motor having a coil portion and a magnet portion. The actuator is provided with: a movable portion that has a flat frame-like holding member to which the driven unit is adhered, wherein one of either the coil portion or the magnet portion is disposed in the holding member; a fixed portion that has a base member and a frame-like cover member that is fixed to the peripheral edge of the base member, wherein the other of either the coil portion or the magnet portion is disposed in the base member; and a support portion that is disposed in the base member and supports the movable portion so as to be inclinable relative to the fixed portion. The movable portion is sandwiched between the base member and the cover member.
Allowable Subject Matter
Claim(s) 16 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGEL L GARCES-RIVERA whose telephone number is (571)270-7268. The examiner can normally be reached Mon-Fri 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at 571-727-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANGEL L GARCES-RIVERA/ Examiner, Art Unit 2637
/SINH TRAN/ Supervisory Patent Examiner, Art Unit 2637
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