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 .
This action is in response to the CON filed on 07/28/2025
Application is a CON of 18/461,205 now a patent 12,375,790 which is a CON of 17/456,285 now a patent 11,785,318 which is a CON of 16/781,414 now a patent 11,218,623 which is a CON of 15/770,436 now a PAT 10,594,907 which is a 371 of PCT/KR2016/011871 10/21/2016
Application claims FP date of 10/2/2015
Claims 1 and 14 are independent
Claims 1-20 are pending
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/770,436.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/28/2025 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98(a)(4). Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the central region”, “a peripheral region” and “a recessed region disposed between the central region and the peripheral region” must be shown or the features canceled from the claims 14-19. No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 -20 of U.S. Patent No. 12,375,790 and U.S. Patent No. 11,785,318 B2 and of U.S. Patent No. 10,594,907 B2 and of U.S. Patent No. 10,218,623 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
1. Application: A camera module comprising: a housing;
1. Patent 10,594,907 B2: A camera module comprising: a housing;
a support unit disposed under the housing and comprising a first recess;
1. Patent 10,594,907 B2: a support unit disposed in the housing while receiving the first printed circuit board,
a first printed circuit board and a second printed circuit board disposed spaced apart from each other in a vertical direction within the support unit; a first fixing unit fixing the first printed circuit board; and,
1. Patent 10,594,907 B2: a second printed circuit board and a third printed circuit board sequentially disposed under the first printed circuit board in a vertical direction;
a second fixing unit fixing the second printed circuit board, wherein the first printed circuit board is coupled to the housing by the first fixing unit, wherein the second printed circuit board is coupled to the support unit by the second fixing unit, and
1. Patent 10,594,907 B2: and a fixing unit post coupled to the housing through a first recess and a second recess formed in corners of the second printed circuit board and the third printed circuit board respectively, and through a third recess formed in a corner of the support unit;
wherein at least a portion of the second fixing unit is disposed in the first recess.
5. Patent 10,594,907 B2: a first fixing unit post extending through the first recess of the second printed circuit board and the third recess of the support unit;
2. Application: wherein the first printed circuit board comprises a first hole, and the first fixing unit extends through the first hole to be coupled to the housing.
4. Patent 10,594,907 B2: coupling holes are disposed in the second printed circuit board so as to respectively correspond to the second coupling protrusions ..
3. Application: wherein the housing comprises a first coupling recess, and wherein one end of the first fixing unit is engaged with the first coupling recess.
3. Patent 12,375,790 B2: wherein a plurality of first coupling protrusions is disposed on a first surface of the support unit that contacts the housing, and first coupling recesses are disposed in the housing so as to respectively correspond to the first coupling protrusions such that the first coupling protrusions are respectively inserted into the first coupling recesses.
4. Application: wherein the first hole comprises a plurality of holes respectively disposed at corners of the first printed circuit board.
3. Patent 11,785,318 B2: wherein the housing comprises a first hole disposed at a first corner of the housing and a second hole disposed at a second corner of the housing opposite from the first corner of the housing
5. Application: wherein the second printed circuit board comprises a second hole, and the second fixing unit extends through the second hole.
4. Patent 10,594,907 B2: coupling holes are disposed in the second printed circuit board so as to respectively correspond to the second coupling protrusions
6. Application: wherein the second hole is diagonally disposed on the second printed circuit board.
5. Patent 12,375,790 B2: wherein the housing includes a first hole disposed at a first.
7. Application: wherein the first printed circuit board comprises a first hole, and the first hole is diagonally disposed on the first printed circuit board.
10. Patent 12,785,318 B2: wherein the first fixing unit and the second fixing unit are disposed diagonally from each other.
8. Application: wherein the second hole is diagonally disposed on the second printed circuit board, and wherein a first imaginary axis connecting the diagonally disposed first hole and a second imaginary axis connecting the diagonally disposed second hole intersect with each other in a top view.
20. Patent 11,785,318 B2: wherein the housing comprises a first hole disposed at a first corner of the housing and a second hole disposed at a second corner of the housing opposite from the first corner of the housing.
9. Application: wherein the second printed circuit board comprises a first concave portion formed at a corner thereof.
8. Patent 11,785,318 B2: wherein the adhesion surface comprises a plurality of concave portions and a plurality of convex portions relative to the outer perimeter of the first surface of the first printed circuit board.
10. Application: wherein the first concave portion is diagonally disposed on the second printed circuit board.
15. Patent 11,218,623 B2: wherein the first printed circuit board has a first groove at a first corner … and a second groove at a second corner thereof adjacent to the second corner of the housing
11. Application: wherein the support unit comprises a first protrusion formed on an upper surface thereof.
3. Patent 10,594,907 B2: wherein a plurality of first coupling protrusions is disposed on a first surface of the support that contacts the housing …
12. Application: wherein the housing comprises a second coupling recess into which the first protrusion is inserted.
3. Patent 10,594,907 B2: and first coupling recesses are disposed in the housing so as to respectively correspond to the first coupling protrusions such that the first coupling protrusions are respectively inserted in the first coupling recesses
13. Application: wherein the support unit comprises a second protrusion formed on a lower surface thereof.
4. Patent 10,594,907 B2: wherein a plurality of second coupling protrusions is disposed on a second surface of the support that contracts the second printed circuit board
Claims 14-20 are similarly rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 -20 of U.S. Patent No. 12,375,790 and U.S. Patent No. 11,785,318 B2 and of U.S. Patent No. 10,594,907 B2 and of U.S. Patent No. 10,218,623 B2.
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: “support unit”, “first fixing unit”, “second fixing unit”, in claims 1-3, 5, 11, and 13-14.
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.
Claim 8 is 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 “imaginary” in claim 8 is exists solely in mind rather than in physical reality and therefore renders the claim indefinite. The term 8 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.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 9-10 recite “wherein the second printed circuit board comprises a first concave portion formed at a corner thereof”. Nowhere in the specification has this been disclosed in such a way as to reasonably convey to one skilled in the art that the inventor or a joint invertor had possessed. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The instant application does disclose “concave and convex portion formed on the adhesion surface” but does not disclose “wherein the second printed circuit board comprises a first concave portion formed at a corner thereof”. If the applicant is of the opinion that the written description of the specification already implicitly or inherently discloses this terminology, the applicant is requested to clarify the record by stating on the record what the corresponding structure, material, or acts which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP 608.01(o) and 2181.
Claims 14-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 14-16 recite “central region”, “peripheral region” and “a recessed region disposed between the central region and the peripheral region”. Nowhere in the specification have these been disclosed in such a way as to reasonably convey to one skilled in the art that the inventor or a joint invertor had possessed. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The instant application nor the parent application disclose “central region”, “peripheral region” and “a recessed region disposed between the central region and the peripheral region”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention
Claim(s) 1 and 14 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Han et al. (WO 2013069866 A1 which has a publication date of 05/16/2013; U.S. Patent Publication Number 2014/0320657 A1 has been used for citing purposes).
Regarding Claim 1, Han discloses a camera module (Camera module of Fig 1) comprising:
a housing (Case of the camera module);
a support unit (Fig 1 – outer shield 30) disposed under the housing and comprising a first recess (In ¶0035 Han discloses that the support unit 100 supports the first and second PCB; Fig 2 clearly discloses the recess in the outer shield 30);
a first printed circuit board (Fig 1 – first PCB 10) and a second printed circuit board (Fig 1 – second PCB 20) disposed spaced apart from each other in a vertical direction within the support unit (In ¶0025, Han discloses that the second PCB 20 is spaced apart from the first PCB 10 at a specific interval and is disposed at the bottom of the first PCB 10 – Fig 1 clearly discloses this to be in a vertical direction);
a first fixing unit fixing the first printed circuit board (In ¶0017 Han discloses that the sheets of PCB can be fixed and supported in the support unit 100. Fig 2 discloses the plurality of the support unit 100); and
a second fixing unit fixing the second printed circuit board, wherein the first printed circuit board is coupled to the housing by the first fixing unit (See Fig 2 and ¶0029),
wherein the second printed circuit board is coupled to the support unit by the second fixing unit (Since Han discloses that the plurality of support unit 100 support the first and the second PCB 10 and 20, it is reasonable to state that the first support unit supports PCB 10 and the second support unit 100 supports PCB 20, and
wherein at least a portion of the second fixing unit is disposed in the first recess (Fig 1-4 (especially fig 4) discloses the support protrusion 11 which is touching the recess 13 on either side – and therefore it is reasonable to state that the support fixing unit is disposed in the recess).
Regarding Claim 14, this claim has limitations parallel to claim 1. Since Han’s discloses the central region, peripheral region and the recessed region (As marked in the annotated figure below), Claim 14 is rejected on the same grounds as Claim 1.
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Reference Cited
The following prior art made of record but not relied upon is considered pertinent to applicant's disclosure.
Tanaami (U.S. Patent Publication Number 2010/0188565 A1) discloses a circuit-substrate support structure comprises a circuit substrate having electronic components mounted on it; a first substrate-holding member provided at one side edge of the circuit substrate to hold the circuit substrate; a second substrate-holding member provided at the other side edge of the circuit substrate, opposite the one side edge, to hold the circuit substrate; and an elastic member provided together with the second substrate-holding member to hold the circuit substrate by applying elasticity in a surface direction of the circuit substrate.
Conclusion
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/PADMA HALIYUR/Primary Examiner, Art Unit 2639 October 9, 2026
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