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 .
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,979,652. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations of the claim of the instant application are anticipated by the limitations of the claim of US 11,979,652.
Instant Application – claim 1
US 11,979,652 – claim 1
1. A camera module comprising:
1. A camera module comprising:
a housing;
a housing;
a lens barrel disposed in the housing;
a lens barrel disposed in the housing;
a lens assembly disposed in the lens barrel;
a lens assembly disposed in the lens barrel;
an image sensor substrate disposed in the housing;
an image sensor substrate disposed in the housing;
an image sensor disposed on the image sensor substrate; and
an image sensor disposed on the image sensor substrate; and
a first driving part and a second driving part configured to move the image sensor substrate in a first axis direction and a second axis direction intersecting the first axis direction,
and first and second driving parts configured to move the image sensor substrate in a first axis direction and a second axis direction intersecting the first axis direction, wherein the first driving part comprises:
wherein the first driving part includes a first group of a plurality of first driving parts configured to move the image sensor substrate in the first axis direction relative to the lens barrel, and a second group of a plurality of first driving parts configured to move the image sensor substrate in the second axis direction relative to the lens barrel, and
a first driving part of a first group configured to move the image sensor substrate in the first axis direction with respect to the lens barrel; and a first driving part of a second group configured to move the image sensor substrate in the second axis direction with respect to the lens barrel, wherein the second driving part comprises:
wherein the second driving part includes a first group of a plurality of second driving parts for overlapping the first group of the plurality of first driving parts in a third axis direction intersecting the first and second axes, and a second group of a plurality of second driving parts for overlapping the second group of the plurality of first driving parts in the third axis direction.
a second driving part of a first group overlapping the first driving part of the first group in a third axis direction; and a second driving part of a second group overlapping the first driving part of the second group in the third axis direction, wherein the first driving part of the first group comprises a first-first driving part and a first-third driving part, wherein the first driving part of the second group comprises a first-second driving part and a first-fourth driving part, wherein the second driving part of the first group comprises a second-first driving part and a second-third driving part corresponding to the first-first driving part and the first-third driving part, and wherein the second driving part of the second group comprises a second-second driving part and a second-fourth driving part corresponding to the first-second driving part and the first-fourth driving part.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wade, US 20200120242.
In regard to claim 1, Wade, US 20200120242, discloses a camera module comprising:
a housing (see figure 3a, element 2);
a lens barrel (not shown) disposed in the housing (see para 35);
a lens assembly (not shown) disposed in the lens barrel (see para 35);
an image sensor substrate (see figure 3a, element 10) disposed in the housing (see para 36);
an image sensor (see figure 3a, element 13) disposed on the image sensor substrate (se para 39); and
a first driving part (see figure 4a, elements 17 and 18) and a second driving part (see figure 2, elements 7) configured to move the image sensor substrate in a first axis direction (see figure 4a, element 26) and a second axis direction (see figure 4a, element 26) intersecting the first axis direction,
wherein the first driving part includes a first group of a plurality of first driving parts (see figure 4a, element 19) configured to move the image sensor substrate in the first axis direction relative to the lens barrel, and a second group of a plurality of first driving parts (see figure 4a, element 20) configured to move the image sensor substrate in the second axis direction relative to the lens barrel (see para 41-42), and
wherein the second driving part includes a first group of a plurality of second driving parts (see figure 2, elements 7a) for overlapping the first group of the plurality of first driving parts in a third axis direction intersecting the first and second axes, and a second group of a plurality of second driving parts (see figure 2, elements 7b) for overlapping the second group of the plurality of first driving parts in the third axis direction (see para 43-47).
In regard to claim 2, Wade, US 20200120242, discloses the camera module of claim 1, discloses wherein the first driving part includes a magnet (see figure 3a, element 7), and wherein the second driving part includes a coil (see figure 3a, element 8 and para 37).
In regard to claim 3, Wade, US 20200120242, discloses the camera module of claim 1, wherein the first group of the plurality of first driving parts includes a first-first driving part and a first-third driving part, wherein the second group of the plurality of first driving parts includes a first-second driving part and a first-fourth driving part, wherein the first group of the plurality of second driving parts includes a second-first driving part and a second-third driving part corresponding to the first-first driving part and the first-third driving part, and wherein the second group of the plurality of second driving parts includes a second-second driving part and a second-fourth driving part corresponding to the first-second driving part and the first-fourth driving part (see figure 4a and 5b).
In regard to claim 4, Wade, US 20200120242, discloses the camera module of claim 1, wherein the image sensor substrate moves in a first-first axis direction and a first-second axis direction by the first group of the plurality of first driving parts and the first group of the plurality of second driving parts (see para 37-49).
In regard to claim 5, Wade, US 20200120242, discloses the camera module of claim 1, wherein the image sensor substrate moves in a second- first axis direction and a second-second axis direction by the second group of the plurality of first driving parts and the second group of the plurality of second driving parts (see para 37-49).
In regard to claim 6, Wade, US 20200120242, discloses the camera module of claim 1, wherein the first axis direction is a X-axis (second axial direction) direction, wherein the second axis direction is a Y-axis direction (third axial direction), and wherein the third axis direction is a Z-axis direction (first axial direction) (see para 28 and 37-49).
In regard to claim 7, Wade, US 20200120242, discloses the camera module of claim 6, wherein the Z-axis direction (first axial direction) is an optical axis direction (see para 28-36).
In regard to claim 8, Wade, US 20200120242, discloses the camera module of claim 1, wherein the first group of the plurality of first driving parts and the second group of the plurality of first driving parts are disposed in a plurality of corner regions of the image sensor substrate along a circumferential direction of the image sensor (see figure 4a and 5a).
In regard to claim 9, Wade, US 20200120242, discloses the camera module of claim 8, wherein the plurality of corner regions includes a first corner region, a second corner region, a third corner region, and fourth corner region, and wherein the first group of the plurality of first driving parts and the second group of the plurality of first driving parts are disposed in the first to fourth corner regions (see figure 4a and 5a).
In regard to claim 10, Wade, US 20200120242, discloses the camera module of claim 1, wherein the image sensor substrate includes:
a spring plate (see figure 2, element 5) including a first open region (see para 28-38);
a substrate part (see figure 2, element 4) disposed on the spring plate and including a second open region overlapping the first open region in the third axis direction (see para 28-38); and
a conductive pattern (not shown, circuits) part disposed on the substrate part (see para 28-38).
Allowable Subject Matter
Claims 16-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
In regard to claims 16-20, the prior art does not disclose a camera with the combination of limitations specified in the claimed invention, specifically the limitations of:
a second plate part disposed around the first plate with the first open region interposed therebetween; and an elastic member disposed in the first open region and connecting between the first and second plate parts, wherein the substrate part includes an insulating layer including a first insulating part disposed on the first plate part; a second insulating part disposed on the second plate part; and an extension insulating part disposed in the second open region and connecting between the first and second insulating parts, wherein the conductive pattern part includes a first lead pattern part disposed on the first insulating part; a second lead pattern part disposed on the second insulating part; and an extension pattern part disposed on the extension insulating part and connecting between the first and second lead pattern parts, and wherein the extension insulating part includes a first region overlapping the extension pattern part in the third axis direction and a second region not overlapping the extension pattern part in the third axis direction, as stated in claim 16.
Claims 11-15 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.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0329170, discloses a camera with a driving part the moves the image sensor. US 2021/0321024, discloses a camera with multiple driving units. US 2006/0133786, discloses a camera with a plurality of drivers that move the image sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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