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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/21/2026 has been entered.
Response to Arguments
Applicant's arguments filed 7/21/2026 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, as on pages 6-8 of Applicant’s arguments against Kuboshima and the coupling element, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the secondary reference Karner was relied upon to teach the details of the coupling element, not Kuboshima.
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:
Fastening section (means for fastening) performing the function of fastening the mirror arm to the motorcycle in claim 10.
Coupling element for supplying (means for coupling and supplying) performing the function of supplying an electrically conductive connection to a cable in claim 10.
Cable guidance element (means for cable guidance) performing the function of carrying the coupling element in claim 12.
Second coupling element (means for coupling) performing the function of coupling the cable to the coupling element in claim 18.
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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10-13, 16-17, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kuboshima et. al US 20090073704 (hereinafter “Kuboshima”) in view of Karner et. al US 20060061008 (hereinafter “Karner”).
Regarding claim 10, Kuboshima teaches a rear view mirror arrangement for a motorcycle, comprising:
a mirror arm (Kuboshima fig. 2 – 35) which carries a mirror housing (Kuboshima fig. 2 - 34) and/or a mirror element (Kubota fig. 2 – 31 and 32) at an outer end (Kuboshima fig. 2 – 31 and 32 are housed within 34 and supported by 35, see also para. 0031);
a fastening section (Kuboshima fig. 2 – 36) which is arranged at a vehicle-adjacent end of the mirror arm (Kuboshima fig. 32 – 36 which supports 34 also contacts 22 which is the front portion of the motorcycle) in order to fasten the mirror arm (35) to the motorcycle (Kuboshima para. 0032 – 36 attaches 35 to 22); and
a cable harness (Kuboshima fig. 6 - 47) which runs in a cavity of the mirror arm (Kuboshima fig. 6 – 35 includes cavity 46 which houses 47) between the outer end and the vehicle-adjacent end of the mirror arm (Kuboshima fig. 6 – 46 lies between 34 and the vehicle contact portion 36), wherein
the cable harness (47) has a coupling element for supplying an electrically conductive connection to a cable provided on the motorcycle (Kuboshima para. 0047 – 47 is extended through 22 to connect to a main harness within the motorcycle, where the main harness within the motorcycle is a cable provided on the motorcycle).
Kuboshima does not specify a coupling element which supplies an electrically conductive connection, nor that the fastening section carries the coupling element.
In the same field of endeavor, Karner teaches a coupling element (Karner fig. 10 – 331b, 344a), and
the fastening section (Karner fig. 10 - 324) carries the coupling element (Karner fig. 10 – 324 carries 331b and 344a, see also para. 106), wherein
the coupling element (331b, 344a) is fixedly connected to an outer surface of the fastening section (Karner fig. 10 – 331b and 344a are fixedly connected to an outer surface of 324, see also the annotated fig. 10 below) for the purpose of preventing stress on the electrical conductors or wires (Karner para. 0105). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a coupling element carried in the fastening section in order to prevent stress on the electrical conductors or wires (Karner para. 0105).
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Regarding claim 11, Kuboshima and Karner teach the rear view mirror arrangement according to claim 10, and Karner further teaches wherein
the coupling element (331b, 344a) comprises a male connector or a female connector for supplying an electrically conductive plug-in connection (Karner fig. 10 – 331b is a plug and 344a is a socket, see also para. 0106).
Regarding claim 12, Kuboshima and Karner teach the rear view mirror arrangement according to claim 11, and Karner further teaches wherein
the fastening section (324) comprises a cable guidance element (Karner fig. 10 – 327, 324a) which carries the coupling element (Karner fig. 10 – 327 houses 331b and 324a supports both 331b and 344a, see also para. 0106).
Regarding claim 13, Kuboshima and Karner teach the rear view mirror arrangement according to claim 12, and Karner further teaches wherein
the cable guidance element (327, 324a) is configured with a cable duct that receives a bent portion of the cable harness (Karner fig. 10 – 327 is an open space which accommodates lead 330b and allows it to bend, see also para. 0106), the bent portion relieving strain of the cable harness (Karner para. 0106).
Regarding claim 16, Kuboshima and Karner teach the rear view mirror arrangement according to claim 10, wherein
the fastening section (324) has a covering cap (Karner para. 0108) which covers the fastening section (324) at least partially or completely on an upper side and/or a lateral surface (Karner para. 0108 – the mounting base 324 may be molded to incorporate a wire conduit or cover).
Regarding claim 17, Kuboshima and Karner teach a motorcycle comprising a rear view mirror arrangement according to claim 10 (see rejection to claim 1, Kuboshima teaches a motorcycle).
Regarding claim 19, Kuboshima and Karner teach the rear view mirror arrangement according to claim 10, and Kuboshima further teaches wherein the cable harness (Kuboshima fig. 6 – 47) is configured to supply electric current and electric signals to the electrical and/or electronic components provided in the mirror element (Kuboshima fig. 6 – 31) including at least one of a mirror heater, sensors, and lamps (Kuboshima para. 0047).
Regarding claim 20, Karner and Kuboshima teach the rear view mirror arrangement according to claim 10, wherein the coupling element (Karner 331b, 344a) is configured to be connected to the fastening section by a force fit, and/or a form fit, and/or a material bond such that the rear view mirror arrangement has no loose cable end during fitting (Karner fig. 10 – 344a and 331b fit into 324 such that when 344 is routed through 344a and 331b, there is no loose cable end within 344a and 331b during fitting).
Regarding claim 21, Kuboshima and Karner teach the rear view mirror arrangement according to claim 16, and Karner further teaches wherein the covering cap is manufactured from elastic plastic or an elastic rubber material and the covering cap seals the fastening section to protect the fastening section from moisture and dirt (Karner para. 0108 – the cover may be positioned above the mounting base, and may be molded or formed/customized for the particular vehicle model application).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kuboshima and Karner as applied to claim 10 above, in view of Spitzer et. al US 20030142422 (hereinafter “Spitzer”) of record.
Regarding claim 14, Kuboshima and Karner teach the rear view mirror arrangement according to claim 10, and Karner further teaches
the fastening section (324) comprises an adapter element (Karner fig. 10 – 326a), the adapter element (326a) having a first end that provides the connection of the fastening section (324) to the mirror arm (Karner fig. 10 – 324a connects 324 to support arm 322 which supports the mirror housing 318).
Kuboshima and Karner do not teach an adapter element having a second end which is configured for connection to a socket section on the motorcycle.
In a similar field of endeavor, Spitzer teaches an adapter element (Spitzer fig. 7 - 90) having a second end (Spitzer fig. 7 - 92) which is configured for connection to a socket section on the motorcycle (Spitzer fig. 4 – 92 fits into handlebar 22) for the purpose of connecting the upright post portion to the handlebar (Spitzer para. 0071). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an adapter element with a second end configured for connection to a socket section on the motorcycle in order to connect the upright post portion to the handlebar (Spitzer para. 0071).
Regarding claim 15, Kuboshima, Karner, and Spitzer teach the rear view mirror arrangement according to claim 14, and Spitzer further teaches
the adapter element (Spitzer fig. 7 - 90) has a cavity (Spitzer fig. 4 – 108, where there’s a cavity near reference number 92 through which 32 exits 108) which is open relative to the cavity (Spitzer fig. 4 - 110) of the mirror arm (Spitzer fig. 4 - 84), and has an opening in a wall of the adapter element (Spitzer fig. 7 - 114),
the cable harness (Spitzer fig. 4 - 32) extends from the mirror arm (84) through the cavity (108) as far as the opening of the adapter element (114, Spitzer fig. 4 – 32 extends throughout 108 until 114), and through the opening in the wall (114) onto an outer surface of the adapter element (referring to the below annotated Spitzer fig. 4, 32 extends from 114 onto an outer surface of the adapter element, see also para. 0072 – the wire extends through 108 and out 114 at a point above the handlebar).
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Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kuboshima and Karner as applied to claim 17 above, in view of Chu et. al US 20060232389 (hereinafter “Chu”) of record.
Regarding claim 18, Kuboshima and Karner teach the motorcycle as claimed in claim 17.
Kuboshima and Karner do not teach further comprising: the cable on the motorcycle, which cable is connected electrically conductively to the coupling element of the cable harness by way of a second coupling element.
In the same field of endeavor, Chu teaches further comprising:
the cable on the motorcycle (Chu figs. 1-2 - 77), which cable (77) is connected electrically conductively to the coupling element of the cable harness by way of a second coupling element (Chu fig. 2 – 90, see also para. 0041 – 77 connects from a set of video cameras and/or motors of image taking devices to 90 at the front of the vehicle) for the purpose of controlling and operating rear cameras and displaying them at the front of the vehicle (Chu para. 0041). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a cable connected to a second coupling element, which would reasonably work with the driving image monitoring unit of Kuboshima and Karner in order to control and operate rear cameras and display their images (Chu para. 0041).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
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