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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2025 and 06/15/2026 are in compliance with the provisions on 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first driving unit”, “a second position control unit” in claim 9 and “a first position control unit” in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 9-10 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 9 recites the limitation "the controller" in line 24. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 is rejected as being dependent on claim 9.
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 1-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,395,738 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the current limitations of claims 1-10 are broader than the Patent claims and are therefore encompassed therein by the Patent claims.
US Patent 12,395,738
Application No. 19264834
Claim 1
A camera module, comprising:
a controller that generates a first position control signal indicating a first target position to which an object provided with an image sensor or a lens is to be moved, and a first master port configured to output the first position control signal;
a first driver, including a first slave port connected to the first master port, configured to provide driving force to the object based on the first position control signal and to generate a second position control signal indicating a second target position to which the object is to be moved, and a second master port configured to output the second position control signal; and
a second driver controlled by the first driver, including a second slave port connected to the second master port, configured to provide driving force to the object based on the second position control signal; wherein
the first driver further includes a first sensor configured to detect a position of the object, and
the first driver is configured to provide driving force to the object based on a first position signal indicating a position of the object detected by the first sensor, and the first position control signal;
the second driver further includes a second sensor configured to detect a position of the object, and
the second driver is configured to apply driving force to the object based on a second position signal indicating a position of the object detected by the second sensor, and the second position control signal; and
the first driver further is configured to correct, after the controller outputs the first position control signal and before the controller outputs a next one of the first position control signal, at least any of the first position control signal and the first position signal using the second position signal obtained directly by the second driver via the second master port, without use of the controller and the first slave port, wherein the driving force applied to the object is based on such correction to any of the first position signal and the first position control signal.
Claim 1
A camera module, comprising:
a controller that generates a first position control signal indicating a first target position to which an object provided with an image sensor or a lens is to be moved, and a first master port configured to output the first position control signal;
a first driver, including a first slave port connected to the first master port, configured to provide driving force to the object based on the first position control signal and to generate a second position control signal indicating a second target position to which the object is to be moved, and a second master port configured to output the second position control signal; and
a second driver including a second slave port connected to the second master port, configured to provide driving force to the object based on the second position control signal; wherein
the first driver further includes a first sensor configured to detect a position of the object, and
the first driver is configured to provide driving force to the object based on a first position signal indicating a position of the object detected by the first sensor, and the first position control signal;
the second driver further includes a second sensor configured to detect a position of the object, and
the second driver is configured to apply driving force to the object based on a second position signal indicating a position of the object detected by the second sensor, and the second position control signal; and
the first driver further is configured to correct at least any of the first position control signal and the first position signal at least based on the second position signal obtained by the second driver using the second position signal obtained directly by the second driver via the second master port, without use of the controller and the first slave port.
Claim 2
The camera module according to claim 1, wherein the first driver further is configured to correct, after the controller outputs the first position control signal and before the controller outputs a next one of the first position control signal, the at least any of the first position control signal and the first position signal.
Claim 3
The camera module according to claim 1, wherein the driving force applied to the object is based on such correction to any of the first position signal and the first position control signal.
Claim 4
The camera module according to claim 2, wherein the driving force applied to the object is based on such correction to any of the first position signal and the first position control signal.
Claim 1 of Patent 12,395,738 contains all the limitations of claims 1-4 of 19264834
Claim 2
The camera module according to claim 1, wherein the first driver is configured to correct at least any of the first position control signal, the first position signal, and the second position control signal in such a way so as to reduce mutual interference by drive of the object by the first driver and drive of the object by the second driver.
Claim 5
The camera module according to claim 1, wherein the first driver is configured to correct at least any of the first position control signal, the first position signal, and the second position control signal in such a way so as to reduce mutual interference by drive of the object by the first driver and drive of the object by the second driver.
Claim 2 of Patent 12,395,738 contains all the limitations of claim 5 of 19264834
Claim 3
The camera module according to claim 1, wherein when the first driver is configured to drive a first object provided with a first lens, and the second driver is configured to drive a second object provided with a second lens, the first driver is configured to correct at least any of the first position control signal, the first position signal, and the second position control signal in such a way so that the first object and the second object interlock.
Claim 6
The camera module according to claim 1, wherein when the first driver is configured to drive a first object provided with a first lens, and2the second driver is configured to drive a second object provided with a second lens, the first driver is configured to correct at least any of the first position control signal, the first position signal, and the second position control signal in such a way so that the first object and the second object interlock.
Claims contains the same limitations
Claim 4
The camera module according to claim 1, wherein communication between master and slave is serial communication.
Claim 7
The camera module according to claim 1, wherein communication between master and slave is serial communication.
Claims contains the same limitations
Claim 5
The camera module according to claim 1, wherein the camera module is capable of executing at least any of optical image stabilization, auto focus, and zoom processes.
Claim 8
The camera module according to claim 1, wherein the camera module is capable of executing at least any of optical image stabilization, auto focus, and zoom processes.
Claims contains the same limitations
Claim 1
A camera module, comprising:
a controller that generates a first position control signal indicating a first target position to which an object provided with an image sensor or a lens is to be moved, and a first master port configured to output the first position control signal;
a first driver, including a first slave port connected to the first master port, configured to provide driving force to the object based on the first position control signal and to generate a second position control signal indicating a second target position to which the object is to be moved, and a second master port configured to output the second position control signal; and
a second driver controlled by the first driver, including a second slave port connected to the second master port, configured to provide driving force to the object based on the second position control signal; wherein
the first driver further includes a first sensor configured to detect a position of the object, and
the first driver is configured to provide driving force to the object based on a first position signal indicating a position of the object detected by the first sensor, and the first position control signal;
the second driver further includes a second sensor configured to detect a position of the object, and
the second driver is configured to apply driving force to the object based on a second position signal indicating a position of the object detected by the second sensor, and the second position control signal; and
the first driver further is configured to correct, after the controller outputs the first position control signal and before the controller outputs a next one of the first position control signal, at least any of the first position control signal and the first position signal using the second position signal obtained directly by the second driver via the second master port, without use of the controller and the first slave port, wherein the driving force applied to the object is based on such correction to any of the first position signal and the first position control signal.
Claim 9
A driver module, comprising:
a first driver, including a first slave port to receive a first position control signal indicating a first target position to which an object provided with an image sensor or a lens is to be moved, a first driving unit to provide driving force to the object based on the first position control signal, a second position control unit to generate a second position control signal indicating a second target position to which the object is to be moved, and a second master port configured to output the second position control signal; and
a second driver including a second slave port connected to the second master port, configured to provide driving force to the object based on the second position control signal; wherein
the first driver further includes a first sensor configured to detect a position of the object, and
the first driver is configured to provide driving force to the object based on a first position signal indicating a position of the object detected by the first sensor, and the first position control signal;
the second driver further includes a second sensor configured to detect a position of the object, and
the second driver is configured to apply driving force to the object based on a second position signal indicating a position of the object detected by the second sensor, and the second position control signal; and
the first driver further is configured to correct, at least any of the first position control signal and the first position signal at least based on the second position signal obtained by the second driver using the second position signal obtained directly by the second driver via the second master port, without use of the controller and the first slave port.
Claim 10
The driver module according to claim 9, wherein the first slave port of the first driver is connected to a first master port of the controller that includes a first position control unit to generate the first position control signal and the first master port to output the first position control signal.
Claim 1 of Patent 12,395,738 contains all the limitations of claims 9 and 10 of 19264834
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WESLEY JASON CHIU whose telephone number is (571)270-1312. The examiner can normally be reached Mon-Fri: 8am-4pm.
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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.
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/WESLEY J CHIU/ Examiner, Art Unit 2639
/TWYLER L HASKINS/ Supervisory Patent Examiner, Art Unit 2639
