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 .
Response to Amendment
Receipt is acknowledged of applicant's amendment filed on 11/06/2025. Claims 1-16 are amended, claims 17-24 have been newly added. Claims 1-24 are pending.
Response to Arguments
Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive. The arguments are based on new amendment. New ground of rejection has been made and applicant's argument is moot in view of the new ground of rejection necessitated by the amendments. With respect to the argument “Karner discloses an interior mirror element instead of an exterior mirror element. Thus, the construction with regard to a desired angle of a mirror element with respect to a coupling section configured to be coupled to the vehicle is completely different”, the Examiner’s response is “exterior rearview assembly” has not been given patentable weight because the recitation occurs in the preamble. A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural imitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (COPA 1976) and Kropa v. Robje, 187 F.2d 150, 152, 88 USPG 478, 434 (COPA 1951). Furthermore, reference Karner is not the primary reference, it is used as a secondary reference for establishing obviousness by combining with or modifying the primary reference. The Examiner has met all requirements establishing a prima facie case: all factual findings required by Graham were supplied in the previous and present Actions; the references are related art.
Claim Rejections - 35 USC § 112
Claims 3, 11, 12, 13-16 were rejected 35 USC § 112. The Applicant amended claims to overcome the claim rejection over 35 USC § 112. The rejection has been withdrawn.
Claim Objections
Claims 3, 11, 12, 13-16 were objected to because of informalities. The Applicant amended the claims to overcome the claim objection. The objection has been withdrawn.
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 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.
Claims 1, 9-11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Todd et al. (US 3624347).
Regarding claim 1, Todd teaches an exterior rear view assembly for road vehicles (refer to US 3624347), comprising: a first plate element (34, Fig. 3, C-2, L-33); a second plate element (base wall 28, C-2, L-30) having essentially a similar form as and extending essentially in parallel to the first plate element (extended from top portion to the bottom portion and the figure shows they are parallel); and a core element arranged sandwiched between the first plate element and the second plate element (Fig. 3; ball stud 40 includes a spherical ball and sandwiched between the first plate element and the second plate element), wherein the first plate element, the core element and the second plate element together form a joint part (see Fig. 3, elements 34, 40 and 28 together form a joint part) comprising a coupling section (connecting section or joint) configured to be coupled to a vehicle body in an articulated manner (Fig. 1; through the support arm 18. mounted on a door 12 of a motor vehicle 13, [C-2, L-18-20]), wherein the core element comprises an integral wiring guide for guiding a cable harness from the coupling section to the carrier section (Fig. 3 shows core element internal wiring 70, conductor 70 is suitably connected to a power source 80, which are connected to the terminals 66 and 67; conductor 70 extends through the ball stud 40, [C-2, L-67-73] ).
Regarding claim 9, Todd teaches the rear-view assembly according to claim 1 (see above), wherein at least one of the first and second plate (34 and 28) elements comprises at least one centering element (strap 50, Fig. 3; [C-2, L-49]), and the core element (40) comprises at least one counter centering element (threaded shank 42, Fig. 3; [C-2, L-43]), wherein the centering and counter centering elements are arranged and configured to align the first plate element (34) and/or second plate element with the core element (28) in a predetermined position relative to each other (see Fig. 3).
Regarding claim 10, Todd teaches the rear-view assembly according to claim 1 (see above), wherein at least one of the first and second plate elements comprises at least one fastening element configured to fasten the first plate element, the second plate element and the core element in a predetermined position relative to each other (see Fig. 3, strap 50, secured to backing plate 34 by rivets 52, includes a socket 54 (C-2, L-49-51]).
Regarding claim 11, Todd teaches the rear-view assembly according to claim 1 (see above), wherein the core element comprises a bearing recess arranged in the coupling section, and/or wherein the coupling section comprises an articulation axis protruding from the first plate element or second plate element into the core element, (Fig. 3, ball and socket joint is considered as a bearing, Fig. 3 shows articulation axis protruding from the first plate 34 element or second plate 28 element into the core element 40).
Regarding claim 13, Todd teaches the rear-view assembly according to claim 1 (see above), wherein the core element (40, Fig. 3) is formed as a hollow body (Fig. 3 shows 40 is a hollow body).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-8, 12 and 14-24 are rejected under 35 U.S.C. 103 as being unpatentable over Todd et al. (US 3624347) and further in view of In view of Karner et al. (US 2012/0078469, of record).
Regarding claim 2, Todd teaches an exterior rear view assembly for road vehicles (refer to US 3624347), comprising: a first plate element (34, Fig. 3, C-2, L-33); a second plate element (base wall 28, C-2, L-30) having essentially a similar form as and extending essentially in parallel to the first plate element (extended from top portion to the bottom portion and the figure shows they are parallel); and a core element arranged sandwiched between the first plate element and the second plate element (Fig. 3; ball stud 40 includes a spherical ball and sandwiched between the first plate element and the second plate element), wherein the first plate element, the core element and the second plate element together form a joint part (see Fig. 3; elements 34, 40 and 28 together form a joint part) comprising a coupling section (connecting section or joint) configured to be coupled to a vehicle body in an articulated manner (Fig. 1; through the support arm 18. mounted on a door 12 of a motor vehicle 13, [C-2, L-18-20]),
Todd doesn’t explicitly teach wherein the core element comprises an integrated plug retaining section configured to fix at least one plug of the cable harness in a predetermined position in the coupling section or in the immediate vicinity of the coupling section.
Todd and Karner are related as Rear view system for a vehicle.
Karner teaches wherein the core element comprises an integrated plug retaining section (section for connector or socket 444a or plug of vehicle wire harness 444, [0127]; wire 428, [0110]) configured to fix at least one plug of the cable harness in a predetermined position in the coupling section or in the immediate vicinity of the coupling section (Fig. 15 shows socket 444a and ball 422b’ with apertured central portion configured to fix the cable harness 428/444 within the hole or cavity or tube in a predetermined position; connector 444a of wire harness 444 may be electrically connected to the connector 431b of mounting base 424. The connector at the end of the wire harness or lead thus may be plugged into or otherwise connected to the connector at the mounting base (or at an end of a lead extending from the mounting base or from the support arm) when the mirror assembly is at or near or attached to or mounted on the mounting button. [0111]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the rear view assembly of Todd wherein the core element comprises an integrated plug retaining section configured to fix at least one plug of the cable harness in a predetermined position in the coupling section or in the immediate vicinity of the coupling section, as taught by Karner for the predictable advantage of providing a connection mechanism for securely positioning, easily connecting or disconnecting the electrical circuitry when needed, taught by Karner , (wire harness 444 and connector 444a can be inserted to connect to the corresponding connector 431b of mirror wire harness 428. . the connector or plug 431b or socket of mirror wire harness 428 is secured or retained or positioned at the socket portion 424a'' of mounting base 424'' and is accessible at a lower or bottom portion of the cavity defined by the walls 425a'', 425b'', 425c'' of shield portion 424b'', so that the connector or socket 444a or plug of vehicle wire harness 444 may be readily connected or plugged into the connector 431b of vehicle wire harness 428, such as after the mirror assembly 410'' is mounted to the mounting button 446 at the windshield 448, [0127]).
Regarding claim 3, Todd teaches an exterior rear view assembly according to claim 1 (see above), Todd doesn’t explicitly teach the exterior rear view assembly, wherein the core element comprises a carrier section (tube 423) configured to carry and electronically contact an electronic rear view sensor.
Todd and Karner are related as Rear view system for a vehicle.
Karner teaches core element comprises a carrier section (wire harness 428 may be routed through the stiffening tube 423, [0121]) configured to carry and electronically contact an electronic rear view sensor (mounting arrangement of the present invention may receive an appropriate circuit element or circuit board or chip to provide the desired electronic content, [0137]; electrical wire harness 428 may be routed through the tube 423 and may extend through the ball members 422a', 422b' for connection to the connectors 436, 444a at the circuit board 438, [0121]; circuit element may comprise compass circuitry, including, for example, the appropriate magneto-responsive sensor elements, or compass sensor, [0137]).
Regarding claim 4, the modified Todd teaches the rear-view assembly according to claim 3 (see above). Karner teaches wherein the integral wiring guide is a wiring channel (wire harness 428 may be routed through the stiffening tube 423, [0121]).
Regarding claim 5, Todd teaches an exterior rear view assembly according to claim 1 (see above), wherein the joint part is configured as cantilever arm that can be articulated and protrude from the coupling section in a vehicle outboard direction (Todd in Figs. 1-3 teaches the joint part is configured as cantilever arm that can be articulated and protrude from the coupling section in a vehicle outboard direction).
Todd doesn’t explicitly teach the coupling section in a vehicle outboard direction such that the electronic rear view sensor is arranged in a position spaced from the vehicle body.
Todd and Karner are related as Rear view system for a vehicle. Karner teaches the coupling section in a vehicle outboard direction such that the electronic rear view sensor is arranged in a position spaced from the vehicle body (electrical wire harness 428 may be routed through the tube 423 and may extend through the ball members 422a', 422b' for connection to the connectors 436, 444a at the circuit board 438, [0121]; circuit element may comprise compass circuitry, including, for example, the appropriate magneto-responsive sensor elements, or compass sensor, [0137]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the rear view assembly of Todd wherein the coupling section in a vehicle outboard direction such that the electronic rear view sensor is arranged in a position spaced from the vehicle body, as taught by Karner for the predictable advantage of providing a connection mechanism for securely positioning, easily connecting or disconnecting the electrical circuitry and sensor and compass when needed, taught by Karner.
Regarding claim 6, Todd teaches an exterior rear view assembly according to claim 1 (see above), Todd doesn’t explicitly teach wherein the core element comprises a sealing side cover covering an outer side area of the core element.
Todd and Karner are related as Rear view system for a vehicle. Karner teaches the core element comprises a sealing side cover covering an outer side area of the core element (molding at one or both ends of the support arm to provide a wire passageway for the cable leading into/out of the central/core stiffening tube or element, [0121]; wire cover may connect to or join to or snap to the shield portion 424b''/424a”, [0130]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the rear view assembly of Todd wherein the core element comprises a sealing side cover covering an outer side area of the core element, as taught by Karner for the predictable advantage of core element may securely connect to or join to or snap to the shield portion, taught by Karner [0130].
Regarding claim 7, the modified Todd teaches the rear-view assembly according to claim 6 (see above). Todd teaches the first plate element 34 and the second plate element 28, Fig. 3). Karner teaches wherein the sealing side cover is configured as a sealing barrier extending around the perimeter of the core element and sealing against the first plate element and the second plate element such that the core element is sealed against an exterior environment (shield portion 424b'', [0130] is configured as a sealing barrier extending around the perimeter of the core element 422a and sealing against such that the core element is sealed against an exterior environment, [Fig. 15]).
Regarding claim 8, the modified Todd teaches the rear-view assembly according to claim 7 (see above). Todd teaches the first plate element 34 and the second plate element 28, Fig. 3). Karner teaches wherein the sealing side cover 424’/424a’/424b’, first plate element and second plate element create a sealed internal cavity, Figs. 15-16 shows the cavity).
Regarding claim 12, Todd teaches the rear-view assembly according to claim 1 (see above), Todd doesn’t explicitly teach wherein first plate element and/or second plate element comprises a shielding metal material. Todd and Karner are related as Rear view system for a vehicle. Karner teaches first plate element and/or second plate element comprises a shielding metal material (base portion 224b' may include a metallic insert 226b' that may be insert molded within an overmolded polymeric, [0099]; mount 424 includes a polymeric portion 426a molded over a metal insert 426b [0111]. a structural core (that may be metal) that provides structural rigidity and/or vibration reduction/dampening is sheathed/encased in an outer plastic molding, [0120]. Karner teaches using metal that provides structural rigidity and vibration reduction. It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the rear view assembly of Todd wherein first plate element and/or second plate element comprises a shielding metal material, for the predictable advantage of structural rigidity and vibration reduction, as taught by Karner [0120].
Regarding claim 14, Todd teaches a method of manufacturing an exterior rear view assembly for road vehicles (refer to US 3624347), comprising the steps of: arranging a core element (Fig. 3; ball stud 40) on a first plate element (34, Fig. 3, C-2, L-33); in a predetermined position relative to the first plate element (see Fig. 3); guiding a cable harness by means of an integral wiring guide of the core element from a coupling section of the core element (Fig. 3 shows core element internal wiring 70, conductor 70 is suitably connected to a power source 80, which are connected to the terminals 66 and 67; conductor 70 extends through the ball stud 40, [C-2, L-67-73] , Fig. 3 shows wiring guide in the middle of 40), which is configured to be coupled to a vehicle body (see Fig. 1 vehicle door 12, [C-2, L74]), to a carrier section of the core element which is configured to carry (Fig. 3 hole in the middle of 40 carries conductor 70), and electrically contact an electrical terminal 66; arranging a second plate element (base wall 28, C-2, L-30) on the core element (28 on core 40 in a predetermined position relative to the core element (see Fig. 3); and stiffly fixing the first plate element, core element and second plate element to each other (Fig. 3 shows stiffly fixing the first plate element 34, core element 40 and second plate element 28 to each other).
Todd doesn’t explicitly teach a cable harness electronically contact an electronic rear view sensor.
Todd and Karner are related as Rear view system for a vehicle. Karner teaches a cable harness (Fig. 15, wires 428, [0110]; wire harness 444, [0111]) electronically contact an electronic rear view sensor (electrical wire harness 428 may be routed through the tube 423 and may extend through the ball members 422a', 422b' for connection to the connectors 436, 444a at the circuit board 438, [0121]; circuit element may comprise compass circuitry, including, for example, the appropriate magneto-responsive sensor elements, or compass sensor, [0137]).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the rear view assembly of Todd wherein a cable harness electronically contact an electronic rear view sensor, as taught by Karner for the predictable advantage of using a magneto-responsive sensor elements, or compass sensor, taught by Karner, [0137].
Regarding claim 15, the modified Todd teaches the method according to claim 14 (see above). Karner teaches the method further comprising fixing at least one plug of the cable harness in an integrated plug retaining section of the core element in a predetermined position (section for connector or socket 444a or plug of vehicle wire harness 444, [0127]; wire 428, [0110]; Fig. 15 shows socket 444a and ball 422b’ with apertured central portion configured to fix the cable harness 428/444 within the hole or cavity or tube in a predetermined position; connector 444a of wire harness 444 may be electrically connected to the connector 431b of mounting base 424. The connector at the end of the wire harness or lead thus may be plugged into or otherwise connected to the connector at the mounting base (or at an end of a lead extending from the mounting base or from the support arm) when the mirror assembly is at or near or attached to or mounted on the mounting button. [0111]).
Regarding claim 16, the modified Todd teaches the method according to claim 14 (see above). wherein arranging the core element (40) on the first plate element (34) and/or arranging the second plate element (28) on the core element (40) comprises pre-fixing the core element and the plate element by means of a clip connection, and/or stiffly fixing the first plate element, core element and second plate element comprises fixing them to each other with a plurality of fastening elements (secured to backing plate 34 by rivets 52, includes a socket 54 which embraces the front portion of the ball [C-2; L-44-52]).
Regarding claim 17, the modified Todd teaches exterior rear view assembly according to claim 2 (see above). Karner teaches, wherein the core element comprises a carrier section configured to carry and electronically contact an electronic rear view sensor (mounting arrangement of the present invention may receive an appropriate circuit element or circuit board or chip to provide the desired electronic content, [0137]; electrical wire harness 428 may be routed through the tube 423 and may extend through the ball members 422a', 422b' for connection to the connectors 436, 444a at the circuit board 438, [0121]; circuit element may comprise compass circuitry, including, for example, the appropriate magneto-responsive sensor elements, or compass sensor, [0137]).
Regarding claim 18, the modified Todd teaches exterior rear view assembly according to claim 2 (see above). wherein the joint part is configured as cantilever arm that can be articulated and protrude from the coupling section in a vehicle outboard direction such that the electronic rear view sensor is arranged in a position spaced from the vehicle body (Todd teaches Figs. 1-3 teaches the joint part is configured as cantilever arm that can be articulated and protrude from the coupling section in a vehicle outboard direction, and Karner teaches the coupling section in a vehicle outboard direction such that the electronic rear view sensor is arranged in a position spaced from the vehicle body (electrical wire harness 428 may be routed through the tube 423 and may extend through the ball members 422a', 422b' for connection to the connectors 436, 444a at the circuit board 438, [0121]; circuit element may comprise compass circuitry, including, for example, the appropriate magneto-responsive sensor elements, or compass sensor, [0137]).
Regarding claim 19, the modified Todd teaches exterior rear view assembly according to claim 2 (see above), wherein the core element comprises a sealing side cover covering an outer side area of the core element (Karner teaches the core element comprises a sealing side cover covering an outer side area of the core element (molding at one or both ends of the support arm to provide a wire passageway for the cable leading into/out of the central/core stiffening tube or element, [0121]; wire cover may connect to or join to or snap to the shield portion 424b''/424a”, [0130]).
Regarding claim 20, the modified Todd teaches exterior rear view assembly according to claim 2 (see above), wherein at least one of the first and second plate elements (one of the 34) comprises at least one centering element (center hole of the apertured central socket 48, Fig. 3) and the core element (Fig. 3; ball stud 40 includes a spherical ball) comprises at least one counter centering element (and threaded aperture 44, Fig. 3), wherein the centering and counter centering elements are arranged and configured to align the first plate element and/or second plate element with the core element in a predetermined position relative to each other (Fig. 3 shows center hole of the apertured central socket 48 and threaded aperture 44 are arranged and configured to align the first plate element and/or second plate element with the core element in a predetermined position relative to each other, see Fig. 3).
Regarding claim 21, the modified Todd teaches exterior rear view assembly according to claim 2 (see above), wherein at least one of the first and second plate elements comprises at least one fastening element configured to fasten the first plate element, the second plate element and the core element in a predetermined position relative to each other (secured to backing plate 34 by rivets 52, configured to fasten the first plate element 34, the second plate element 28 and the core element 40 in a predetermined position relative to each other, see Fig. 3).
Regarding claim 22, the modified Todd teaches exterior rear view assembly according to claim 2 (see above), wherein the core element comprises a bearing recess arranged in the coupling section, and/or wherein the coupling section comprises an articulation axis protruding from the first plate element or second plate element into the core element (Fig. 3, ball and socket joint is considered as a bearing, Fig. 3 shows articulation axis protruding from the first plate 34 element or second plate 28 element into the core element 40).
Regarding claim 23, the modified Todd teaches exterior rear view assembly according to claim 2 (see above), Karner teaches first plate element and/or second plate element comprises a shielding metal material (base portion 224b' may include a metallic insert 226b' that may be insert molded within an overmolded polymeric, [0099]; mount 424 includes a polymeric portion 426a molded over a metal insert 426b [0111]. a structural core (that may be metal) that provides structural rigidity and/or vibration reduction/dampening is sheathed/encased in an outer plastic molding, [0120]. Karner teaches using metal that provides structural rigidity and vibration reduction. It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the rear view assembly of Todd wherein first plate element and/or second plate element comprises a shielding metal material, for the predictable advantage of structural rigidity and vibration reduction, as taught by Karner [0120].
Regarding claim 24, the modified Todd teaches exterior rear view assembly according to claim 2 (see above), wherein the core element (40, Fig. 3) is formed as a hollow body (Fig. 3 shows 40 is a hollow body).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAHMAN ABDUR whose telephone number is (571)270-0438. The examiner can normally be reached 8:30 am to 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872