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
The amendment filed on 11/14/2025 has been entered. The Applicant amended independent claim 1 and dependent claim 7 and added claims 11-15.
Response to Arguments
Applicant’s arguments filed on 11/14/2025 with respect to amended claims 1 has been considered but are moot. The Applicant amended claim 1 and argues “claim 1 has been amended to clarify that Porsche's inner shell 7 is "discontinuous" and the "recess" 11 is formed between "two free and disconnected ends" of the inner shell. No such features can be found in Horio. Horio's inner shell 100 has a continuous body lacking two free and disconnected ends” (page 3 of remark). The Examiner respectfully disagrees. The Examiner interpreted the newly added limitations and mapped the amended limitation in the rejection of claim 1 below. In view of the interpretation and the new ground of rejection of amended claim 1, the Applicant’s argument is non-persuasive.
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 1-6 and 8-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Horio et al (US 20010026411, of record).
Regarding claim 1, Horio teaches a mirror housing for an outer mirror of a passenger vehicle (refer to US 2001/0026411; door mirror 10 includes a visor 16 which is structured with a visor cover 12 and a visor rim 14, [0033], Fig. 2; Fig. 6 shows visor 96), said mirror housing comprising: an outer shell (cover 94, Fig. 6) for receiving a mirror assembly (cover 94 for receiving a mirror assembly 106, see Fig. 6), the outer shell comprising a mirror opening (see Figs. 5 and 6), which is closed in a circumferential direction (see Fig. 7), for receiving a mirror (opening for receiving mirror 106, [0062]; Figs. 5, 6); and an inner shell (visor rim 98, [0062], Fig. 7 shows 98 includes wall 112 and bottom portion 100) fastened inside of the outer shell in a region of the mirror opening (inner shell 98 fastened inside outer shell 94 in a region of the mirror opening, Figs. 6, 11), wherein the inner shell lines the mirror opening from an inside of the mirror opening and along the circumferential direction (98 lines the mirror opening from an inside of the mirror opening, see Fig. 6), wherein the inner shell (Fig. 7 shows 98 includes wall 112 and bottom portion 100) comprises a discontinuous and elastic body (Fig. 12 shows elastic piece 168 which is not continuous due to the open end) having two free and disconnected ends (Fig 12 shows two 168 having two free and disconnected ends) and a recess (insertion hole 132, [0068]; Fig. 12 and fitting groove 164 and hole 166, [0087-0088]) extending in the circumferential direction (132 and 164/166 extends around a particular area, encompassing the perimeter of 168 (see Figs. 12) between the free and disconnected ends (between the free and disconnected ends of 168), such that the inner shell is configured to be inserted into the outer shell from a location that is outside of the outer shell (see Fig. 6 inner shell 98 and outer shell 94) and through the mirror opening in order to assemble the mirror housing (see Figs. 6, 7 and 11).
Regarding claim 2, Horio teaches the mirror housing according to claim 1 (see above), wherein the outer shell comprises an open insertion cross-section in the region of the mirror opening (see Figs. 5, 6), wherein the inner shell (98), when fastened to the outer shell (94), comprises an outer cross-section in the region of the mirror opening that is larger than the open insertion cross-section (see Fig. 11 shows a gap between 98 and 94), wherein the inner shell is elastically deformable for assembly on the outer shell so that the recess and the outer cross-section shrink to an extent that the inner shell is configured to be inserted into the outer shell through the insertion cross-section (Fig. 11 shows 168 is elastically deformable for assembly, and inserted into the outer shell through the insertion cross-section when assembled).
Regarding claim 3, Horio teaches the mirror housing according to claim 1 (see above), wherein the outer shell (94) comprises an undercut contour in the region of the mirror opening, and the inner shell engages rearwardly with the undercut contour in a positive-locking manner (94 comprises an undercut and inner shell 98/100/168 engages rearwardly with the undercut contour in a positive-locking manner, see Fig. 11).
Regarding claim 4, Horio teaches the mirror housing according to claim 1 (see above), wherein a circumferential outer contour of the mirror housing (96, 94, 98) that is closed outwardly in the region of the mirror opening (Figs. 2 and 5; closed outwardly in the region of the mirror opening, opening for 106) is formed exclusively by a region of the outer shell (see Figs. 2 and 5).
Regarding claim 5, Horio teaches the mirror housing according to claim 1 (see above), wherein the inner shell is integral, and/or the outer shell is integral (Fig. 6 shows inner shell 98/100 is integral, necessary to make a whole complete; essential or fundamental).
Regarding claim 6, Horio teaches the mirror housing according to claim 1 (see above), wherein when the inner shell is fastened to the outer shell (Fig. 11, when inner shell 98/168 is locked with the outer shell 94), the recess (164/166) is at least partially filled and/or closed by a closure element (see Figs. 11 and 12, 164/166 is at least partially filled with fitting claws 122 or closed by a closure element 168/visor cover 94/ visor rim 98, [0060] [0088]).
Regarding claim 8, Horio teaches the mirror housing according to claim 1 (see above), wherein the mirror housing comprises a foot for fastening the mirror housing to the passenger vehicle, which foot is fastened to the outer shell (Fig. 3 shows foot is connecting portion 40; connecting portion 40 is formed at a side of the cover main body 18 toward the inside of the vehicle compartment when the door mirror 10 is mounted to the vehicle body 17, [0041]; door mirror 10 is mounted to the vehicle body 17, [0049]).
Regarding claim 9, Horio teaches an outer mirror (door mirror 10, Figs. 2, 3; door mirror 80 Figs. 5-7) comprising: the mirror housing according to claim 1 (see above), a mirror assembly comprising a mirror (Fig. 2, mirror 38, [0040]; Figs. 5-6, mirror 106), wherein the mirror assembly is installed into the outer shell (Fig. 5, shell 94) of the mirror housing (Fig. 2, visor cover 12 and the visor rim 14; Figs. 5-6, cover 94, rim 98) such that the mirror is arranged in the region of the mirror opening of the mirror housing (mirror 106 is arranged in the region of the mirror opening of the mirror cover 12 and the visor rim 14) and is encased by the inner shell of the mirror housing (Fig. 7, encased by the inner shell 98/100 of the mirror housing visor cover 12 and the visor rim 14).
Regarding claim 10, Horio teaches a motor vehicle comprising a body and at least one outer mirror according to claim 9 (see above), which is mounted on the body (door mirror 10 is mounted to the vehicle body 17, [0049]).
Regarding claim 11, Horio teaches a motor vehicle comprising a body and at least one outer mirror according to claim 1 (see above), wherein the two free and disconnected ends face each other (holes 166 of face each other).
Regarding claim 12, Horio teaches a motor vehicle comprising a body and at least one outer mirror according to claim 1 (see above), wherein the inner shell has a C-shape (Fig. 7 shows inner shell 98/96/112 has a C-shape).
Regarding claim 13, Horio teaches a motor vehicle comprising a body and at least one outer mirror according to claim 1 (see above), wherein the inner shell is compressible and expandable in the circumferential direction (Fig. 12, elastic piece 168 of inner shell are expandable in the circumferential direction due to the elasticity).
Regarding claim 14, Horio teaches a motor vehicle comprising a body and at least one outer mirror according to claim 6 (see above), wherein the closure element has two sides, each side being in direct contact with one of the two free and disconnected ends of the inner shell (Figs. 11 and 12, a closure element 168/visor cover 94/visor rim 98, has two sides, each side being in direct contact with one of the two free and disconnected ends of the inner shell, see Fig. 6,).
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 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Horio et al (US 20010026411) in view of Huizen et al. (US 20130242586).
Regarding claim 7, Horio teaches the mirror housing according to claim 6 (see above), wherein the closure element (168) is a component of an outer mirror indicator (168 is a component of door mirror 10 includes a visor 16 which is structured with a visor cover 12 and a visor rim 14, [0033]; Figs. 11-12, indicator is needle or pointer).
Horio doesn’t explicitly teach closure element visor rim comprises a blinking indicator. Horio and Huizen are related as vehicle exterior mirrors. Huizen teaches closure element visor rim comprises a blinking indicator (Fig. 3A shows light module 12 on the rim area. Light module 12 includes a plurality of forward lighting illumination sources …at least one turn signal indicating illumination source, [0022]). 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 Horio to include blinking indicator, as taught by Huizen for the predictable advantage of enhancing safety by preventing collisions, reducing stress during lane changes, and ensuring smooth traffic flow.
Regarding claim 15, Horio teaches a motor vehicle comprising a body and at least one outer mirror according to claim 14 (see above), Horio doesn’t explicitly teach, wherein the closure element comprises a blinking indicator. Horio and Huizen are related as vehicle exterior mirrors. Huizen teaches closure element visor rim comprises a blinking indicator (Fig. 3A shows light module 12 on the rim area. Light module 12 includes a plurality of forward lighting illumination sources …at least one turn signal indicating illumination source, [0022]). 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 Horio to include blinking indicator, as taught by Huizen for the predictable advantage of enhancing safety by preventing collisions, reducing stress during lane changes, and ensuring smooth traffic flow.
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.
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/R.A/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872