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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/25/2026 has been entered. The Applicant amended independent claim 1 and dependent claims 2. Claims 1-10 are pending.
Response to Arguments
Applicant's arguments filed on 6/03/2026 with respect to the rejection of amended claims 1 have been fully considered but are moot because 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.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Whitehead (US 5949591) in view of Mittelhauser et al. (US 4836490).
Regarding claim 1, Whitehead teaches an observation apparatus for a motor vehicle for observing rear traffic events (refer to US 5949591), the observation apparatus comprising: a base member (mounting base 24, [col. 4, ln-47], see annotated Figs. 2-3 below) with a base member body (see label on annotated Figs. 2-3) to fasten the base member to a bodywork or an add-on part of the motor vehicle (Fig. 1 shows exterior rearview mirror assembly 10 mounted to a panel 12 of a vehicle 14, [Col-4, L-12-13]); and a head member (housing 16 with mirror 18, see Annotated Fig. 2, and [C-4, L-19-21]) which is pivotally connected to the base member (Fig. 2, 3 and 5 show pivotal connection between base and head; “pivotally mount housing 16 on mounting bracket 20”, [C-4, L-58-59]), such that the head member is rotatable with respect to the base member (mounting bracket includes a member and a pivot extending between the member and the housing for pivotally mounting the housing to the mounting bracket for folding from a normal operating position to a break-away position. [C-2, L-18-21]), the head member having a head member body (body of 16) and an observation member arranged therein or thereon (Reflective element assembly 18 includes a reflective mirror element 18a arranged therein or thereon, [C-4, L-23-24], Fig. 2), wherein the base member body and the head member body are adjacent to each other at at least one gap (head16 adjacent to base 24 and a gap between them, clearly shown in Fig. 6; see annotated Fig. 2 and 6 below), wherein the head member body has at least one recessed region that is adjacent to the at least one gap, such that a step is formed between the base member body and the recessed region of the head member body (see annotated Figs. 2 and 4), and
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Annotated Figs. 2, 3, 4 and 6
wherein the recessed region of the head member body and the step are both located below a lowermost surface of the observation member (lowermost surface of mirror 18, see annotated Figs. 2 and 4) arranged in the head member body (arranged in 16, see annotated Figs. 2 and 6) when the base member is fastened to the bodywork or the add-on part of the motor vehicle (Fig. 2 shows mirror assembly 10 with head 16 and base 24; Fig. 1 shows mirror assembly 10 fastened to the bodywork or the add-on part of the motor vehicle).
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Whitehead doesn’t explicitly teach teaches a head member which is hingedly connected to the base member.
Whitehead and Mittelhauser are related as Exterior Mirror for a Vehicle.
Mittelhauser teaches an Exterior rearview mirror for a vehicle wherein a head member which is hingedly connected to the base member (housing 3 of the mirror is hingedly connected to base 1, Fig. 1, “a lever arm that is mounted on the base in such a way as to be pivotable in the direction of pivot of the mirror housing, especially to a limited extent; a swivel arm having a first end that is remote from the base, and a second end that is directed toward the base and is hingedly connected with the lever arm [C-1, L-46-49]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the observation apparatus of Whitehead to design the head member which is hingedly connected to the base member, as taught by Mittelhauser for the predictable advantage to improve a vehicle mirror of the general type in such a way that the spring tension can be very slight in the normal position of the housing, as taught by Mittelhauser in abstract and background of the invention.
Regarding claim 2, the modified Whitehead teaches the observation apparatus according to claim 1 (see above). wherein the step is formed between a face of the base member body and a face of the head member body (Fig. 2 shows the step is formed between a face of the base member body 24 and a face of the head member body 16), respectively, which together form a guide face having an extension direction (Figs. 2 and 6 show 16 and 24 together form a guide face having an extension direction), wherein the guide face extends along an incident flow direction of air flowing incident to the observation apparatus during forward travel of the motor vehicle equipped with the observation apparatus (Fig. 1 shows observation apparatus during forward travel of the motor vehicle the air will flow from front to back of the vehicle, and the figures show the guide face extends along an incident flow direction of air flowing incident), and wherein the face of the head member body is a lowermost face of the head member body and the face of the base member body is a lowermost face of the base member body (see annotated Figs. 1 and 6 for the lowermost faces).
Regarding claim 3, the modified Whitehead teaches the observation apparatus according to claim 1 (see above), wherein the observation apparatus is an exterior mirror such that the observation member is a mirror face or mirror face system (Reflective element assembly 18 includes a reflective mirror element 18a, [C-4, L-22-23], Fig. 2), or wherein the observation apparatus is a camera such that the observation member is a camera lens or camera lens system.
Regarding claim 4, the modified Whitehead teaches the observation apparatus according to claim 1 (see above), wherein the base member body and/or head member body is formed by a casing (Fig. 2 shows head member body is formed by a casing 16).
Regarding claim 5, the modified Whitehead teaches the observation apparatus according to claim 1 (see above), Mittelhauser teaches wherein the observation apparatus comprises a hinge joint hingedly connecting the base member body and the head member body to one another (Figs. 1 and 3 show base 1 and head member 4 comprises a hinge joint hingedly connecting the base member body and the head member body to one another; “housing 3, the latter is provided with a pin 5 that is disposed approximately vertically. The pin 5 serves for the mounting of a swivel arm 6 that comprises two elements. That end of the swivel arm 6 that is directed toward the vehicle, i.e. toward the base 1, is hingedly connected, about an approximately vertical pivot axis, to the free end of a lever arm 8, which also comprises two elements”, [C-2, L-34-42]]), and wherein, when the observation apparatus is mounted on the bodywork or the add-on part of the motor vehicle, an axis of rotation of the hinge joint extends substantially vertically, (hingedly connected, about an approximately vertical pivot axis, [col-2, L-39-40]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the observation apparatus of modified Whitehead wherein the observation apparatus comprises a hinge joint hingedly connecting the base member body and the head member body to one another, and wherein, when the observation apparatus is mounted on the bodywork or the add-on part of the motor vehicle, an axis of rotation of the hinge joint extends substantially vertically, as taught by Mittelhauser for the predictable advantage to improve a vehicle mirror of the general type in such a way that the spring tension can be very slight in the normal position of the housing, as taught by Mittelhauser in abstract and background of the invention.
Regarding claim 6, modified Whitehead teaches the observation apparatus according to claim 1, (see above), Whitehead in Fig. 5 cross-section view teaches wherein a height of the step between the base member body and the head member body is almost same as the wall thickness of the head member, but doesn’t explicitly teach the thickness at least 1 mm. Since it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing thickness include holding the safety and preventing wall damage. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was filed to select the thickness of wall of the base member body at least 1 mm for the predictable advantage of having the safety and preventing body wall damage. Wall thickness at least 1 mm makes the step thickness more than 1 mm.
Regarding claim 7, modified Whitehead teaches the observation apparatus according to claim 1 (see above), wherein the step is formed between a face of the base member body and a face of the head member body, and wherein the face of the base member body and the face of the head member body are substantially parallel to each other (Fig. 2 shows the step is formed between a face of the base member body 24 and a face of the head member body 16, and wherein the face of the base member body and the face of the head member body are substantially parallel to each other).
Regarding claim 8, modified Whitehead teaches the observation apparatus according to claim 1 (see above), wherein the step is formed between a face of the base member body and a face of the head member body (see step in Fig. 2), and wherein the face of the base member body and the face of the head member body are at an acute angle to each other (Fig. 5 cross-section view show near arrows 52 and 54 the faces are at an acute angle to each other).
Regarding claim 9, modified Whitehead teaches the observation apparatus according to claim 8 (see above), wherein the acute angle is at most 200. (Fig. 5 cross-section shows that the acute angle is at most 200).
Regarding claim 10, modified Whitehead teaches the observation apparatus according to claim 1, (see above), Fig. 1 shows a motor vehicle comprising at least one observation apparatus according to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hancock et al. (US 9079539), Haan et al. (US 5100095) and Beuzeville (US 5828504) disclose rearview mirrors in vehicles includes a base member, mirror assembly is supported on mounting arm by means of a ball members or pivots, extending outwardly, and a breakaway fastening assembly.
The difference between the applied art used for the rejection and the disclosure of the instant application: Although, the prior art in record teaches head member which is hingedly connected to the base member as claimed, the prior art doesn’t explicitly teach “observation apparatus further comprises a head member, which is hingedly and lockably connected to the base member by means of a hinge joint”, as recited in paragraph [0029] or “observation apparatus is a camera such that the observation member is a camera lens” as recited in paragraph [0015] of the detailed description of the instant application.
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
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