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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/12/2025 has been entered.
Response to Amendment
The amendments filed on 11/12/2025 are acknowledged and accepted. Claim 1 is amended, no new Claims have been added, and Claims 1 and 3-20 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amendments to Claim 1 have been rejected based on the newly cited refence Kukita (US 20100007961 A1).
Claim Objections
Claims 7 and 19 are objected to because of the following informalities:
Claims 7 depends on claim 2 which has been canceled. For prosecution, the Office assumes that claim 7 is dependent on claim 1.
Claim 19 is dependent on claim 7 and therefore inherits the same deficiencies.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth 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.
Claims 1, 3-10, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kesamaru (JP Patent No. JP-2017039377-A), previously cited, and further in view of Kukita (US 20100007961 A1), newly cited.
Regarding claim 1, Kesamaru teaches, in Figs. 2 and 4-5: a peripheral functional assembly (right camera unit 14, Fig. 2) for motor vehicles, the peripheral functional assembly (14) comprising:
- a base bracket (base member 20, Fig. 4, [0003] lines 2-4) to be fixedly attached to a motor vehicle; and
- an electric actuator assembly (support member 30, Fig. 4, [0016]) pivotally mounted to the base bracket (20), the electric actuator assembly (30) comprising:
- driving means (7, 7a, Fig. 4, [0033]) for pivoting to the base bracket (20) and
- a cover assembly (lower member 32, upper member 31, Fig. 4, [0030]); wherein the cover assembly (32, 31) is arranged enclosing the driving means (7, 7a, see Fig. 4) immediately adjacent said driving means, and wherein the cover assembly (32, 31) is also configured for supporting a functional element (camera switching motor 9, Fig. 4, [0029] lines 1-3);
wherein the cover assembly includes;
a first cover (31); and
a second cover (32, 33, 35) disposed at the base bracket (20) connected to the first cover (31), the driving means (7, 7a) disposed between the first cover (31) and the second cover (32, 33, 35); and
wherein a cover cap (20) is connected to the cover assembly (31 and 32, 33, 35).
Kesamaru fails to explicitly teach: the cover cap including: a top cover cap installed to the first cover; and a bottom cover cap installed to the base bracket; wherein the functional element is disposed between the cover assembly and the top cover cap.
However, in a related invention in the field of peripheral functional assemblies, Kukita teaches in Fig. 8: the cover cap including:
a top cover cap (“outside retaining member 57”; [0133]) installed to the first cover (“the outside retaining member 57 and inside retaining member 58 engaged with the holder plate 40”; [0133]); and a bottom cover cap (“a outside housing 36”; [0127]) installed to the base bracket (“a outside housing 36 mounted on the bracket 35”; [0127]);
wherein the functional element is disposed between the cover assembly and the top cover cap (“a first electric motor 77 and a second electric motor 78 are housed in and fixed to the actuator case 38, the first electric motor 77 exerting a motive power for axially driving the first drive shaft 75 back and forth”; [0143], see Fig. 8 in which actuator case 38 is contained within the top cover cap and the bottom cover cap).
Furthermore, Kukita teaches this configuration of actuators such that “When the first drive shaft 75 is axially moved by operation of the first electric motor 77, the mirror holder 46, that is, the outside mirror 27R and the inside mirror 28R, swing laterally around the swing center C1 of the swing support portion 63, and when the second drive shaft 76 is axially moved by operation of the second electric motor 78, the mirror holder 46, that is, the outside mirror 27R and the inside mirror 28R, swing vertically around the swing center C1 of the swing support portion 63” (Kukita, [0144]).
Additionally, the instant application defines a “function element” in para [0008] to be “any element intended for performing a specific function, such as an electrical device.” Therefore the actuator of Kukita reads upon the limitation of claim 1.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kesamaru to incorporate the teachings of Kukita to provide a device in which a top cover cap is installed to the first cover; and a bottom cover cap is installed to the base bracket; wherein the functional element is disposed between the cover assembly and the top cover cap, for the purpose for containing the functional element inside of the assembly which, in the configuration of Kukita, would allow for the actuators to move the mirror (Kukita, [0144]).
Regarding claim 3, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: wherein the cover assembly (31 and 32, 33, 35) has an extension (36a) where the functional element (9) is supported (fitting wall portion 36a, Fig. 5, [0034]).
Regarding claim 4, Kesamaru and Kukita teach the peripheral functional assembly of claim 3. Kesamaru further teaches in Fig. 2 and 4-5: wherein the extension (fitting wall portion 36a, Para [0034]). is integrally formed with at least one of the first cover (31) or the second cover.
Regarding claim 5, Kesamaru and Kukita teach the peripheral functional assembly of claim 3. Kesamaru further teaches in Fig. 2 and 4-5: the extension is removably formed with at least one of the first cover (31) or the second cover (fitting wall portion 36a, Para [0034]).
Regarding claim 6, Kesamaru and Kukita teach the peripheral functional assembly of claim 3. Kesamaru further teaches in Fig. 2 and 4-5: wherein the first cover (31) is at least 30 percent longer than the second cover (33, 35, Fig. 5, It is clear that Kesamaru teaches that the first cover extends beyond 30 percent longer than of the second cover as shown in Fig. 5).
Regarding claim 7, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: wherein at least one of the first cover (31) or the second cover (33, 35) is counter-shaped to at least one portion of the driving means ([0031] lines 1-4).
Regarding claim 8, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: wherein the base bracket (20) includes a shaft (support shaft 23, Fig. 5, [0029] lines 8-11) having at least one hollow end and the cover assembly (32, 31) has a downward projection (extending plate portion 33a, Fig. 5, [0031] lines 9-11) surrounding the shaft externally or arranged internally thereto.
Regarding claim 9, Kesamaru and Kukita teach the peripheral functional assembly of claim 8. Kesamaru further teaches in Fig. 2 and 4-5: wherein the downward projection (33a) is arranged overlapping the shaft ([0031] lines 9-11).
Regarding claim 10, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: further comprising a plug (screw 51, Fig. 5, [0044] lines 1-8) for covering the hollow end of the base bracket shaft (23) or the downward projection (33a) arranged internally to the base bracket shaft.
Regarding claim 12, Kesamaru and Kukita teach the peripheral functional assembly of claim 8. Kesamaru further teaches in Fig. 2 and 4-5: wherein the base bracket shaft (23) is divided into at least two sections (23, 33a, [0033], Para [0030] lines 3-6).
Regarding claim 13, Kesamaru and Kukita teach the peripheral functional assembly of claim 8. Kesamaru further teaches in Fig. 2 and 4-5: wherein the shaft is made integral with the base bracket ([0016] lines 1-5).
Regarding claim 14, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: a series of ramps (teeth 23a, Fig. 4, [0029] lines 8-15) formed in an upper surface of the base bracket which in use interact with a series of ramps formed in a lower surface of the cover assembly (20, see Fig. 4).
Regarding claim 15, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: wherein at least one of the first cover or the second cover is stiffer than the other cover (Stiffening elements are defined in the specification of the instant application to be “stiffening elements such as ribs, ridges, and others; increasing the thickness of the housing bracket (Para [0045] lines 6-7).” Kesamaru teaches a first cover that contains stiffening elements that the second cover does not have, thus making one member stiffer than the other [0030]: “The upper member 31 is formed so as to open downward as a whole, and has an upper wall portion 31a and an upper peripheral wall portion 31b extending downward from the peripheral edge portion of the upper wall portion 31a. The lower member 32 is formed so as to open upward as a whole, and has a lower wall portion 32a and a lower peripheral wall portion 32b extending upward from the peripheral edge portion of the lower wall portion 32a”).
Regarding claim 16, Kesamaru and Kukita teach the peripheral functional assembly of claim 1. Kesamaru further teaches in Fig. 2 and 4-5: wherein the cover assembly (31, 32) has an extension where the functional element (9) is supported (fitting wall portion 36a, [0034] Lines 1-8).
Regarding claim 17, Kesamaru and Kukita teach the peripheral functional assembly of claim 5. Kesamaru further teaches in Fig. 2 and 4-5: wherein the first cover (31) is as least 30 percent longer than the second cover (33, 35, Fig. 5, It is clear that Kesamaru teaches that the first cover extends beyond 30 percent longer than of the second cover as shown in Fig. 5).
Regarding claim 18, Kesamaru and Kukita teach the peripheral functional assembly of claim 6. Kesamaru further teaches in Fig. 2 and 4-5: wherein at least one of the first cover (31) or the second cover (33, 35) is counter-shaped to at least one portion of the driving means ([0031] lines 1-3).
Regarding claim 19, Kesamaru and Kukita teach the peripheral functional assembly of claim 7. Kesamaru further teaches in Fig. 2 and 4-5: wherein the base bracket (20) includes a shaft (23) having at least one hollow end and the cover assembly (32, 31) has a downward projection surrounding the shaft externally or arranged internally thereto ([0016], [0029] lines 10-11).
Regarding claim 20, Kesamaru and Kukita teach the peripheral functional assembly of claim 9. Kesamaru further teaches in Fig. 2 and 4-5: further comprising a plug (screw 51, Fig. 5, [0044] lines 1-8) for covering the hollow end of the base bracket shaft (23) or the downward projection (33a) arranged internally to the base bracket shaft (23).
Allowable Subject Matter
Claim 11 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Kesamaru teaches an assembly with a plug with only a singular functional purpose (Kesamaru, Fig. 4) and does not show a plug with a fastener. Sakata (US Patent No, US-20210024011-A1) teaches a circular through-hole (40, Fig, 2) provided in the back side of the side surface but does not teach a plug with a fastener for cables. Prior art fails to teach alone or in combination having a fastener for fixing cables passing over the base bracket. Therefore, the combination of features is considered to be allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUBY L KAUFFMAN whose telephone number is (571)272-1738. The examiner can normally be reached Mon-Fri 7:30am - 5pm EST.
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, Thomas Pham can be reached on (571) 272-3689. 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.
/RUBY L KAUFFMAN/Examiner, Art Unit 4198
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872