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 .
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.
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+4, 2, 10 and 16] are rejected on the ground of nonstatutory double patenting as being unpatentable over claim [1 + 3 +12 +4, 2- 3 and 16+17] of U.S. Patent No.[ 12, 382,152]. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims [1+4, 2, 10 and 16 ] of the current application are an obvious variant and encompassed by claims [1 + 3 +12 +4, 2-3 and 16+17] of U.S. Patent No. [ 12, 382,152].
Below is the table showing the conflicting claims.
US. 19/289, 836
US. PAT. No. 12, 382,152
A camera module comprising: a first housing including a lens; a second housing coupled to the first housing;
a substrate assembly disposed inside a space formed by coupling the first housing and the second housing;
and a shield can disposed inside the second housing, wherein the substrate assembly includes: a first substrate in which an image sensor is disposed;
a second substrate spaced apart from the first substrate in an optical axis direction; and a spacer disposed between the first substrate and the second substrate,
(part of claim [1] is obviated by obviated by claim 3 of the
Patent -152
4. The camera module according to claim 1, wherein the spacer comprises: a first plate part; a second plate part disposed adjacent to the first plate part; a third plate part disposed adjacent to the second plate part and facing the first plate part; and a fourth plate part disposed adjacent to the third plate part and facing the second plate part. (claim 4 of the prior art also obviated by a portion of the Patent -152).
wherein the spacer includes a plurality of plate parts, wherein at least one of the plurality of plate parts includes a first region and a second region arranged closer to the second substrate than is the first region, wherein based on a direction perpendicular to the optical axis direction, the second region is arranged with a step outward from the first region, (part of claim [1] is obviated by obviated by claim 12 of the
Patent -152)
wherein the second region includes a first coupling hole coupled to the second substrate. part of claim [1] is obviated by obviated by claim 4 of the
Patent -152)
A camera module comprising: a first housing including a lens; a second housing coupled to the first housing;
a substrate assembly disposed inside a space formed by coupling the first housing and the second housing;
and a shield can disposed inside the second housing, wherein the substrate assembly includes at least one substrate and a spacer disposed outside the substrate,
3. The camera module according to claim 1, wherein the substrate assembly comprises: a first substrate in which an image sensor is disposed; a second substrate spaced apart from the first substrate in an optical axis direction and coupled to a connector; and a flexible printed circuit board connecting the first substrate and the second substrate.
wherein the spacer includes a plurality of protrusions protruded from an outer surface and in contact with the shield can,
wherein the spacer comprises: a first plate part; a second plate part disposed adjacent to the first plate part; a third plate part disposed adjacent to the second plate part and facing the first plate part; and a fourth plate part disposed adjacent to the third plate part and facing the second plate part,
and wherein at least one among the first to the fourth plate parts includes a second protrusion protruded outward from an outer surface and a third protrusion disposed below the second protrusion and protruded outward from an outer surface.
12. The camera module according to claim 1, wherein each of the second plate part and the fourth plate part includes a first region in which the second protrusion is disposed and a second region being formed below the first region and in which the third protrusion is disposed, and wherein the first region is disposed more inward than the second region to have a step.
4. The camera module according to claim 3, wherein the third plate part includes a first protrusion protruded from an outer surface, and a first coupling hole disposed below the first protrusion and penetrating the outer surface from an inner surface to which the side surface of the second substrate is coupled.
2. The camera module according to claim 1, wherein at least one of the plurality of plate parts has a protrusion arranged in contact with a lower surface of the first substrate.
2. The camera module according to claim 1, wherein the protrusions are respectively disposed in at least three plate parts among the first to fourth plate parts.
10. The camera module according to claim 1, comprising a flexible printed circuit board connecting the first substrate and the second substrate.
3. The camera module according to claim 1, wherein the substrate assembly comprises: a first substrate in which an image sensor is disposed; a second substrate spaced apart from the first substrate in an optical axis direction and coupled to a connector; and a flexible printed circuit board connecting the first substrate and the second substrate.
16. A camera module comprising: a first housing including a lens; a second housing coupled to the first housing;
a substrate assembly disposed inside a space formed by coupling the first housing and the second housing;
and a shield can disposed inside the second housing,
wherein the substrate assembly includes: a first substrate in which an image sensor is disposed; a second substrate spaced apart from the first substrate in an optical axis direction; and a spacer disposed between the first substrate and the second substrate. (is obviated by claim 16 and 17 of Patent_1152).
16. A camera module comprising: a first housing including a lens; a second housing coupled to the first housing;
a substrate assembly disposed inside a space formed by the coupling of the first housing and the second housing;
and a shield can disposed inside the second housing,
wherein the substrate assembly includes at least one substrate and a spacer disposed outside the substrate, wherein the shield can is formed of a metal material, wherein the second housing is formed of a plastic material, wherein the shield can and the second housing are integrally formed by insert injection, wherein the spacer includes four plate parts, wherein at least one plate part among the four plate parts includes a plurality of protrusions being in contact with the shield can, wherein the spacer comprises: a first plate part; a second plate part disposed adjacent to the first plate part; a third plate part disposed adjacent to the second plate part and facing the first plate part; and a fourth plate part disposed adjacent to the third plate part and facing the second plate part, and wherein the at least one among the first to the fourth plate parts includes a second protrusion protruded outward from an outer surface and a third protrusion disposed below the second protrusion and protruded outward from an outer surface.
17. The camera module according to claim 16, wherein the substrate assembly comprises: a first substrate in which an image sensor is disposed; a second substrate spaced apart from the first substrate in an optical axis direction and coupled to a connector; and a flexible printed circuit board connecting the first substrate and the second substrate.
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) [16] is/are rejected under 35 U.S.C. 102 (a1) as being anticipated by Inoue (US. 2011/0298925
Reclaim [16], Inoue discloses a camera module (see fig. 3) comprising: a first housing including a lens (see ¶ 0033, fig. 3, a front case part 12 supporting the imaging optical system 20); a second housing coupled to the first housing (see ¶0033 a rear case part 13 housing the electronic circuit unit 30); a substrate assembly disposed inside a space formed by coupling the first housing and the second housing (see 12, 13 32 and 33 fig. 3) and a shield can disposed inside the second housing (see 35 fig. 3 and ¶0043, , the shield case 35 as), wherein the substrate assembly includes: a first substrate in which an image sensor is disposed (see 32 and 31 fig. 3 and ¶0042, The imaging device 31 is mounted on a front surface of the first board 32 on the object side); a second substrate spaced apart from the first substrate in an optical axis direction (see 33 fig. 3 and ¶0043, The second board 33 has ); and a spacer disposed between the first substrate and the second substrate (37 fig. 3 is between 32 and 33 as depicted in fig. 3).
Allowable Subject Matter
Claims [3, 5-9 and 11-15] 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park (US. 2019/0227411) discloses: The front body 200 may be coupled to the rear body 300. Coupling between the front body 200 and the rear body 300 may be carried out, for example, by couplers. For this purpose, as exemplarily shown in FIG. 1, through holes, into which the couplers are inserted, may be formed at corners of the front body 200. In paragraph [0031].
Bingle (US. 2006/0171704) discloses: Camera module 10 provides a camera or image capture device 18 for capturing an image of a scene occurring exteriorly or interiorly of a vehicle. In paragraph [0072].
Park (2019/0028620) discloses a camera module configured to improve a use area of circuit board by supporting circuit boards disposed in a layered manner inside a housing without recourse to use of coupling screws, and to reduce the number of assembly processes by reducing the number of parts without recourse to use of coupling screws. In paragraph [0006].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AHMED A BERHAN/Primary Examiner, Art Unit 2639