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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/759,267
`
`04/24/2020
`
`Yasuaki KAMEYAMA
`
`091478-0376
`
`8161
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washinaton, BC 2000
`
`GILES, NICHOLAS G
`
`2697
`
`08/10/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1-5 and 9-10 is/are rejected.
`Claim(s) 6-8 is/are objectedto.
`OO Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 24 April 2020is/are: a)[¥} accepted or b){] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)L) Some**
`a)¥) All
`1.1) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.4 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210805
`
`Application No.
`Applicant(s)
`16/759,267
`KAMEYAMAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`NICHOLAS G GILES
`2697
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/759,267
`Art Unit: 2697
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Claim Rejections - 35 USC § 102
`
`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 madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(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, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`Claim(s) 1-5 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being
`
`anticipated by Hwang et al. (U.S. Pub. No. 20170134628).
`
`Regarding claim 1, Hwang discloses:
`
`An actuator comprising:
`
`a movable unit configured to hold an object to be driven
`
`(combination of the part of the driving member 1100 that rotates and the
`
`connected focusing module housings that rotate, par. 51-66, 104-109,
`
`Figs. 3, 11, 12, see also par. 67-85);
`
`a fixed unit configured to support the movable unit thereon to make
`
`the movable unit rotatable (fixing member 1200 where recess 1210 is
`
`formedin a lower surface of driving member 1200 and which receives the
`
`

`

`Application/Control Number: 16/759,267
`Art Unit: 2697
`
`Page 3
`
`ball bearing and the ball bearing may rotate according to a driving force
`
`generated in the camera module to enable the driving member to
`
`effectively rotate which enables the plurality of mounted focusing modules
`
`to rotate, par. 51-66, 104-109, Figs. 3, 11, 12, see also par. 67-85); and
`
`a structure for supporting the movable unit with respectto the fixed
`
`unit, the structure including:
`
`a sphere(ball bearing, par. 51-66, 104-109, Figs. 3, 11, 12, see
`
`also par. 67-85); and
`
`a pair of holding members configured to clamp the sphere between
`
`themselves (recess 1110 and recess 1210 where recess 1110 is formed in
`
`the rear surface of driving member 1100 and which receives a ball bearing
`
`and where the recess does not extend in the depth direction to the other
`
`side of driving member 1100 from the side that the recess is formed in,
`
`and where recess 1210 is formed in a lower surface of driving member
`
`1200 and whichreceives the ball bearing, par. 51-66, 104-109, Figs. 3, 11,
`
`12, see also par. 67-85),
`
`a space being left to let the sphere roll while shifting a center
`
`position thereof with respect to at least one of the pair of holding members
`
`(the ball bearing may rotate according to a driving force generated in the
`
`camera module to enable the driving member to effectively rotate with
`
`respect to the ball bearing which enables the plurality of mounted focusing
`
`modules to rotate with respect to the ball bearing, par. 51-66, 104-109,
`
`Figs. 3, 11, 12, see also par. 67-85).
`
`

`

`Application/Control Number: 16/759,267
`Art Unit: 2697
`
`Regarding claim 2, Hwang further discloses:
`
`Page 4
`
`sphereis notfixed to any of the pair of holding members (ball
`
`bearing rotates and is not connected, par. 51-66, 104-109, Figs. 3, 11, 12,
`
`see also par. 67-85).
`
`Regarding claim 3, Hwang further discloses:
`
`at least one of two contact surfaces between the pair of holding
`
`members and the sphere is a recessed spherical surface (recess 1110
`
`and recess 1210 are shapedto receive the ball bearing, par. 51-66, 104-
`
`109, Figs. 3, 11, 12, see also par. 67-85).
`
`Regarding claim 4, Hwang further discloses:
`
`both of two contact surfaces between the pair of holding members
`
`and the sphere are recessed spherical surfaces (recess 1110 and recess
`
`1210 are shapedto receive the ball bearing, par. 51-66, 104-109, Figs. 3,
`
`11, 12, see also par. 67-85).
`
`Regarding claim 5, Hwang further discloses:
`
`the contact surface between at least one of the pair of
`
`holding members and the sphere is the recessed spherical surface
`
`having a larger radius than the sphere (recess 1110 and recess
`
`1210 are shapedto receive the ball bearing, par. 51-66, 104-109,
`
`Figs. 3, 11, 12, see also par. 67-85).
`
`Regarding claim 10, Hwang further discloses:
`
`the actuator of claim 1 (see rejection of claim 1); and
`
`

`

`Application/Control Number: 16/759,267
`Art Unit: 2697
`
`Page 5
`
`a camera module serving as the object to be driven
`
`(focusing module housings of the camera module that rotate, par.
`
`51-66, 104-109, Figs. 3, 11, 12, see also par. 67-85).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang
`
`et al. (U.S. Pub. No. 20170134628).
`
`Regarding claim 9, Hwang is silent with regards to a grease pool is provided for
`
`the space. Official Notice is taken that it was well known before the effectivefiling date
`
`of the claimed invention to include providing grease pools within a space of a ball
`
`bearing. This is advantageous in that friction between the ball bearing and the part
`
`around the ball bearing can be reduced. Therefore, it would have been obvious to one
`
`of ordinary skill in the art before the effective filing date of the claimed invention to
`
`include a grease pool is providedfor the space.
`
`

`

`Application/Control Number: 16/759,267
`Art Unit: 2697
`
`Page 6
`
`Allowable Subject Matter
`
`Claims 6-8 are objected to as being dependent uponarejected base claim, but
`
`would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims.
`
`Regarding claim 6, no prior art could be located that teaches or fairly suggests
`
`the radius of the recessed spherical surface of the holding member is larger than a
`
`productof the radius of the sphere and (4 x tan-1 (coefficient of static friction of the
`
`spherical surface) / (4 x tan-1 (coefficient of static friction of the spherical surface) - 1),
`
`in combination with the rest of the limitations of the claim.
`
`Claims 7 and 8 depend on claim 6 and therefore are objectedto.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NICHOLAS G GILES whose telephone number is
`
`(571)272-2824. The examiner can normally be reached on M-F 6:45AM-3:15PM EST
`
`(HOTELING).
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Lin Ye can be reached on (571) 272-7372. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 16/759,267
`Art Unit: 2697
`
`Page 7
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`/NICHOLAS G GILES/
`Primary Examiner, Art Unit 2697
`
`

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