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 amendments to the claims 1 and 17 in the submission dated 05/14/2026 in response to the office action mailed 02/25/2026 are acknowledged and accepted.
New claims 21-27, are acknowledged and accepted because the subject matter of the new claims is similar to the subject matter of the originally filed claims.
Claims 8-16 and 20 are canceled. Claims 1-7, 17-19, and 21-27 are pending.
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks, filed 05/14/2026, with respect to the rejections of claims 1 and 17 under 35 U.S.C. §103 have been fully considered and are persuasive in view of the amended claims 1 and 17. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Peterson et al., US 2020/0223364 A1.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 17-18, and 21-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peterson et al., US 2020/0223364 A1 (of record; hereinafter referred to as Peterson).
As to claim 1, Peterson teaches (Figs. 1-8) a vehicular exterior rearview mirror assembly (10, “an exterior rearview mirror assembly 10 for a vehicle,” para [0030], Fig. 1), the vehicular exterior rearview mirror assembly comprising:
a mirror head accommodating a mirror reflective element (12, 14, “a mirror head 12 that includes a mirror reflective element 14,” para [0030], Fig. 1);
a mounting base (18, “a mounting arm or base or portion 18,” para [0030], Fig. 1) configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11, with the reflective element 14 providing a rearward field of view,” para [0030], Fig. 1);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11,” para [0030], Fig. 1), the mirror head is movable relative to the mounting base (12, “the mirror head portion 12 includes a mounting portion 12a that is pivotally or movably mounted to a mounting arm or base or portion 18,” para [0030], Figs. 2-3) between at least (i) an extended position, where the mirror head is extended outward from the side of the vehicle so that the mirror reflective element is positioned to provide a rearward view at the side of the vehicle to a driver of the vehicle (12, “a user or driver position,” para [0031], Fig. 2), and (ii) a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle (12, “a folded or park position,” para [0031], Fig. 3);
an electrically operable actuator (20, “mirror actuator 20,” para [0032], Figs. 4-5), wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11,” para [0030], Fig. 1), the actuator is electrically operable to move the mirror head relative to the mounting base between the folded position and the extended position (20, the actuator operates via the motor 29 to pivot the mirror head 12 between the drive position and the folded position, paras [0031]-[0033], Figs. 4-5);
wherein the actuator comprises a base portion that attaches at the mounting base (24, a base 24 disposed at the bottom of the tube 22 and fixedly disposed at or attached at the mounting base, para [0032], Fig. 5) and a pivot tube that extends from the base portion of the actuator (22, “the tube 22 extends through the base 24,” para [0032], Figs. 5-6);
wherein the pivot tube extends through an output gear of the actuator (24, the tube 22 extends through the output gear 26, para [0032], Figs. 5-6) and a housing of the actuator (28, the tube 22 extends through the housing 28, para [0032], Figs. 5-6);
wherein the mirror head and the housing of the actuator, when the actuator is electrically operated, move together and in tandem about a longitudinal axis of the pivot tube of the actuator (28, “during operation of the actuator, the actuator bracket or housing 28 (and the motor 29 and mirror head) rotate about the pivot axis (or longitudinal axis of the tube),” para [0033], Figs. 7-8);
wherein the output gear is rotatably fixed relative to the base portion of the actuator (26, the output gear 26 remains fixed relative to the mounting base 24, para [0033], Figs. 5-6), and wherein the housing of the actuator, when the actuator is electrically operated, pivots about the output gear as the housing of the actuator moves about the longitudinal axis of the pivot tube (28, 26, during operation of the actuator, the actuator housing 28 rotates about the pivot axis while the output gear 26 remains fixed, para [0033], Figs. 5-6);
wherein the actuator comprises a biasing element that releasably retains the actuator in at least one detent state of the actuator (34, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, para [0033], Figs. 5-6), and wherein the biasing element is disposed between an upper end of the pivot tube and an upper surface of the housing of the actuator (34, the coil spring is disposed between the retainer 30 which is rigidly fastened to the tube 22, and the upper ramp 32, paras [0032]-[0033], Figs. 5-6);
wherein the output gear comprises a plurality of detents (26, output gear or upper manual detent 26, [0032], Fig. 5) that, when the actuator is in the at least one detent state of the actuator, engage a corresponding plurality of detents of the housing of the actuator (28, 26, when the mirror head is in the drive position the lower housing detent is engaged with the output gear detent, para [0034], Fig. 7);
wherein, as the mirror head moves between the extended position and the folded position, the plurality of detents of the housing of the actuator disengage from the plurality of detents of the output gear (28, 26, the output gear 26 is disengaged from the base during manual folding or pivoting, para [0039], Figs. 7-8);
wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator (26, 28, the housing 28 engages with the output gear 26, the lower housing detent is engaged with the output gear detent, the lower home detent 40 rests on the output gear 26 and is rotationally keyed to the housing 28, paras [0033]-[0034] and [0039], Fig. 5), the biasing element biases through the housing of the actuator and the output gear to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (34, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, para [0033], Figs. 5-6); and
wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the upper surface of the housing of the actuator is moved away from the biasing element and the biasing element does not bias through the housing of the actuator and the output gear (28, when the output gear 26 is disengages from the base, the output gear 26 moves up the ramped detent surfaces of the base 24 and raises the housing 28, the housing is raised such that the coil spring does not compress, paras [0037] and [0039], Figs. 7-8).
As to claim 2, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the output gear and the housing of the actuator move in a direction parallel to the longitudinal axis of the pivot tube toward the base portion (26, 28, during operation of the actuator the housing 28 and output gear 26 rotate about the longitudinal axis of the tube 22, thus the output gear 26 and the housing 28 are raised and lowered in a direction parallel to the longitudinal axis of the tube 28, paras [0033], [0036], and [0039], Figs. 6-8).
As to claim 3, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1, wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator (26, 28, the housing 28 engages with the output gear 26, the lower housing detent is engaged with the output gear detent, the lower home detent 40 rests on the output gear 26 and is rotationally keyed to the housing 28, paras [0033]-[0034] and [0039], Fig. 5), the biasing element engages the housing of the actuator (34, the coil spring 34 provides the primary load and exerts a downward force on the housing 28, which engages the output gear 26, paras [0032]-[0033], Figs. 5-6).
As to claim 4, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the biasing element does not engage the housing of the actuator (28, when the output gear 26 is disengages from the base, the output gear 26 moves up the ramped detent surfaces of the base 24 and raises the housing 28, the housing is raised such that the coil spring does not compress, thus the biasing element does not engage the housing when the output gear disengages form the base, paras [0037] and [0039], Figs. 7-8).
As to claim 5, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1, wherein a retainer is disposed between the biasing element and the housing of the actuator (30, the retainer 30 is affixed to the upper end of the tube 22 which extends through the housing 28, thus as shown in Figs. 5 and 6 the retainer 30 is between the coil spring 34 and the housing 28, para [0032, Figs. 5-6).
As to claim 6, Peterson teaches the vehicular exterior rearview mirror assembly of claim 5, wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator, the biasing element biases through the retainer, the housing of the actuator and the output gear to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (34, the retainer 30 is affixed to the upper end of the tube 22 such that the retainer, tube and base are effectively a single member, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, paras [0032]-[0033], Figs. 5-6).
As to claim 17, Peterson teaches (Figs. 1-8) a vehicular exterior rearview mirror assembly (10, “an exterior rearview mirror assembly 10 for a vehicle,” para [0030], Fig. 1), the vehicular exterior rearview mirror assembly comprising:
a mirror head accommodating a mirror reflective element (12, 14, “a mirror head 12 that includes a mirror reflective element 14,” para [0030], Fig. 1);
a mounting base (18, “a mounting arm or base or portion 18,” para [0030], Fig. 1) configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11, with the reflective element 14 providing a rearward field of view,” para [0030], Fig. 1);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11,” para [0030], Fig. 1), the mirror head is movable relative to the mounting base (12, “the mirror head portion 12 includes a mounting portion 12a that is pivotally or movably mounted to a mounting arm or base or portion 18,” para [0030], Figs. 2-3) between at least (i) an extended position, where the mirror head is extended outward from the side of the vehicle so that the mirror reflective element is positioned to provide a rearward view at the side of the vehicle to a driver of the vehicle (12, “a user or driver position,” para [0031], Fig. 2), and (ii) a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle (12, “a folded or park position,” para [0031], Fig. 3);
an electrically operable actuator (20, “mirror actuator 20,” para [0032], Figs. 4-5), wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11,” para [0030], Fig. 1), the actuator is electrically operable to move the mirror head relative to the mounting base between the folded position and the extended position (20, the actuator operates via the motor 29 to pivot the mirror head 12 between the drive position and the folded position, paras [0031]-[0033], Figs. 4-5);
wherein the actuator comprises a base portion that attaches at the mounting base (24, a base 24 disposed at the bottom of the tube 22 and fixedly disposed at or attached at the mounting base, para [0032], Fig. 5) and a pivot tube that extends from the base portion of the actuator (22, “the tube 22 extends through the base 24,” para [0032], Figs. 5-6);
wherein the pivot tube extends through an output gear of the actuator (24, the tube 22 extends through the output gear 26, para [0032], Figs. 5-6) and a housing of the actuator (28, the tube 22 extends through the housing 28, para [0032], Figs. 5-6);
wherein the mirror head and the housing of the actuator, when the actuator is electrically operated, move together and in tandem about a longitudinal axis of the pivot tube of the actuator (28, “during operation of the actuator, the actuator bracket or housing 28 (and the motor 29 and mirror head) rotate about the pivot axis (or longitudinal axis of the tube),” para [0033], Figs. 7-8);
wherein the output gear is rotatably fixed relative to the base portion of the actuator (26, the output gear 26 remains fixed relative to the mounting base 24, para [0033], Figs. 5-6), and wherein the housing of the actuator, when the actuator is electrically operated, pivots about the output gear as the housing of the actuator moves about the longitudinal axis of the pivot tube (28, 26, during operation of the actuator, the actuator housing 28 rotates about the pivot axis while the output gear 26 remains fixed, para [0033], Figs. 5-6);
wherein the actuator comprises a biasing element that releasably retains the actuator in at least one detent state of the actuator (34, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, para [0033], Figs. 5-6), and wherein the biasing element is disposed between an upper end of the pivot tube and an upper surface of the housing of the actuator (34, the coil spring is disposed between the retainer 30 which is rigidly fastened to the tube 22, and the upper ramp 32, paras [0032]-[0033], Figs. 5-6), and wherein a retainer is disposed between the biasing element and the upper surface of the housing of the actuator (30, the retainer 30 is affixed to the upper end of the tube 22 which extends through the housing 28, thus as shown in Figs. 5 and 6 the retainer 30 is between the coil spring 34 and the housing 28, para [0032, Figs. 5-6);
wherein the output gear comprises a plurality of detents (26, output gear or upper manual detent 26, [0032], Fig. 5) that, when the actuator is in the at least one detent state of the actuator, engage a corresponding plurality of detents of the housing of the actuator (28, 26, when the mirror head is in the drive position the lower housing detent is engaged with the output gear detent, para [0034], Fig. 7);
wherein, as the mirror head moves between the extended position and the folded position, the plurality of detents of the housing of the actuator disengage from the plurality of detents of the output gear (28, 26, the output gear 26 is disengaged from the base during manual folding or pivoting, para [0039], Figs. 7-8);
wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator, the biasing element biases through the retainer, the housing of the actuator and the output gear to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (34, the retainer 30 is affixed to the upper end of the tube 22 such that the retainer, tube and base are effectively a single member, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, paras [0032]-[0033], Figs. 5-6); and
wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, (i) the output gear and the housing of the actuator move in a direction parallel to the longitudinal axis of the pivot tube toward the base portion and away from the biasing element (26, 28, during operation of the actuator the housing 28 and output gear 26 rotate about the longitudinal axis of the tube 22, thus the output gear 26 and the housing 28 are raised and lowered in a direction parallel to the longitudinal axis of the tube 28, paras [0033], [0036], and [0039], Figs. 6-8), (ii) the biasing element biases through the retainer and the pivot tube to the base portion of the actuator (34, the retainer 30 is affixed to the upper end of the tube 22 such that the retainer, tube and base are effectively a single member, a coil spring 34 provides the primary load and exerts a downward force on the base 24, paras [0032]-[0033], Figs. 5-6) and (iii) the biasing element does not bias through the housing of the actuator and the output gear (28, 26, when the output gear 26 is disengaged from the base during manual folding or pivoting the housing 28 is raised relative to the output gear without compressing/biasing the coil spring, paras [0036] and [0039], Figs. 7-8).
As to claim 18, Peterson teaches the vehicular exterior rearview mirror assembly of claim 17, wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator (26, 28, the housing 28 engages with the output gear 26, the lower housing detent is engaged with the output gear detent, the lower home detent 40 rests on the output gear 26 and is rotationally keyed to the housing 28, paras [0033]-[0034] and [0039], Fig. 5), the retainer engages the housing of the actuator (30, the retainer 30 engages the housing 28 via the tube 22 and the upper ramp element 32, paras [0032]-[0033], Fig. 5-6).
As to claim 21, Peterson teaches (Figs. 1-8) a vehicular exterior rearview mirror assembly (10, “an exterior rearview mirror assembly 10 for a vehicle,” para [0030], Fig. 1), the vehicular exterior rearview mirror assembly comprising:
a mirror head accommodating a mirror reflective element (12, 14, “a mirror head 12 that includes a mirror reflective element 14,” para [0030], Fig. 1);
a mounting base (18, “a mounting arm or base or portion 18,” para [0030], Fig. 1) configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11, with the reflective element 14 providing a rearward field of view,” para [0030], Fig. 1);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11,” para [0030], Fig. 1), the mirror head is movable relative to the mounting base (12, “the mirror head portion 12 includes a mounting portion 12a that is pivotally or movably mounted to a mounting arm or base or portion 18,” para [0030], Figs. 2-3) between at least (i) an extended position, where the mirror head is extended outward from the side of the vehicle so that the mirror reflective element is positioned to provide a rearward view at the side of the vehicle to a driver of the vehicle (12, “a user or driver position,” para [0031], Fig. 2), and (ii) a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle (12, “a folded or park position,” para [0031], Fig. 3);
an electrically operable actuator (20, “mirror actuator 20,” para [0032], Figs. 4-5), wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle (11, “the mounting arm or base 18 of mirror assembly 10 is mounted at the side 11a of a host or subject vehicle 11,” para [0030], Fig. 1), the actuator is electrically operable to move the mirror head relative to the mounting base between the folded position and the extended position (20, the actuator operates via the motor 29 to pivot the mirror head 12 between the drive position and the folded position, paras [0031]-[0033], Figs. 4-5);
wherein the actuator comprises a base portion that attaches at the mounting base (24, a base 24 disposed at the bottom of the tube 22 and fixedly disposed at or attached at the mounting base, para [0032], Fig. 5) and a pivot tube that extends from the base portion of the actuator (22, “the tube 22 extends through the base 24,” para [0032], Figs. 5-6);
wherein the pivot tube extends through an output gear of the actuator (24, the tube 22 extends through the output gear 26, para [0032], Figs. 5-6) and a housing of the actuator (28, the tube 22 extends through the housing 28, para [0032], Figs. 5-6);
wherein the mirror head and the housing of the actuator, when the actuator is electrically operated, move together and in tandem relative to the base portion and about a longitudinal axis of the pivot tube of the actuator (28, “during operation of the actuator, the actuator bracket or housing 28 (and the motor 29 and mirror head) rotate about the pivot axis (or longitudinal axis of the tube),” para [0033], Figs. 7-8);
wherein the output gear is rotatably fixed relative to the base portion of the actuator (26, the output gear 26 remains fixed relative to the mounting base 24, para [0033], Figs. 5-6), and wherein the housing of the actuator, when the actuator is electrically operated, pivots about the output gear as the housing of the actuator moves about the longitudinal axis of the pivot tube (28, 26, during operation of the actuator, the actuator housing 28 rotates about the pivot axis while the output gear 26 remains fixed, para [0033], Figs. 5-6);
wherein the actuator comprises a biasing element that releasably retains the actuator in at least one detent state of the actuator (34, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, para [0033], Figs. 5-6), and wherein the biasing element is disposed between an upper end of the pivot tube and an upper surface of the housing of the actuator (34, the coil spring is disposed between the retainer 30 which is rigidly fastened to the tube 22, and the upper ramp 32, paras [0032]-[0033], Figs. 5-6);
wherein the output gear comprises a plurality of detents (26, output gear or upper manual detent 26, [0032], Fig. 5) that, when the actuator is in the at least one detent state of the actuator, engage a corresponding plurality of detents of the housing of the actuator (28, 26, when the mirror head is in the drive position the lower housing detent is engaged with the output gear detent, para [0034], Fig. 7);
wherein individual detents of the plurality of detents of the output gear are disposed at an upper surface of the output gear (26, “output gear or upper manual detent 26,” as shown in Fig. 5 the detents of the output gear 26 are disposed on the upper surface of the output gear 26 para [0032], Fig. 5), and wherein individual detents of the plurality of detents of the housing of the actuator are disposed at an inner surface of the housing of the actuator that faces the upper surface of the output gear (28, the housing 28 engages with the output gear 26, the lower housing detent is engaged with the output gear detent, the lower home detent 40 rests on the output gear 26 and is rotationally keyed to the housing 28, paras [0033]-[0034] and [0039], Fig. 5);
wherein, as the mirror head moves between the extended position and the folded position, the plurality of detents of the housing of the actuator disengage from the plurality of detents of the output gear (28, 26, the output gear 26 is disengaged from the base during manual folding or pivoting, para [0039], Figs. 7-8);
wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator, the biasing element biases through the housing of the actuator and the output gear to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (34, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, para [0033], Figs. 5-6); and
wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the upper surface of the housing of the actuator is moved away from the biasing element and the biasing element does not bias through the housing of the actuator and the output gear (28, when the output gear 26 is disengages from the base, the output gear 26 moves up the ramped detent surfaces of the base 24 and raises the housing 28, the housing is raised such that the coil spring does not compress, paras [0037] and [0039], Figs. 7-8).
As to claim 22, Peterson teaches the vehicular exterior rearview mirror assembly of claim 21, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the output gear and the housing of the actuator move in a direction parallel to the longitudinal axis of the pivot tube toward the base portion (26, 28, during operation of the actuator the housing 28 and output gear 26 rotate about the longitudinal axis of the tube 22, thus the output gear 26 and the housing 28 are raised and lowered in a direction parallel to the longitudinal axis of the tube 28, paras [0033], [0036], and [0039], Figs. 6-8).
As to claim 23, Peterson teaches the vehicular exterior rearview mirror assembly of claim 21, wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator (26, 28, the housing 28 engages with the output gear 26, the lower housing detent is engaged with the output gear detent, the lower home detent 40 rests on the output gear 26 and is rotationally keyed to the housing 28, paras [0033]-[0034] and [0039], Fig. 5), the biasing element engages the housing of the actuator (34, the coil spring 34 provides the primary load and exerts a downward force on the housing 28, which engages the output gear 26, paras [0032]-[0033], Figs. 5-6).
As to claim 24, Peterson teaches the vehicular exterior rearview mirror assembly of claim 21, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the biasing element does not engage the housing of the actuator (28, when the output gear 26 is disengages from the base, the output gear 26 moves up the ramped detent surfaces of the base 24 and raises the housing 28, the housing is raised such that the coil spring does not compress, thus the biasing element does not engage the housing when the output gear disengages form the base, paras [0037] and [0039], Figs. 7-8).
As to claim 25, Peterson teaches the vehicular exterior rearview mirror assembly of claim 21, wherein a retainer is disposed between the biasing element and the housing of the actuator (30, the retainer 30 is affixed to the upper end of the tube 22 which extends through the housing 28, thus as shown in Figs. 5 and 6 the retainer 30 is between the coil spring 34 and the housing 28, para [0032, Figs. 5-6).
As to claim 26, Peterson teaches the vehicular exterior rearview mirror assembly of claim 25, wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator, the biasing element biases through the retainer, the housing of the actuator and the output gear to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (34, the retainer 30 is affixed to the upper end of the tube 22 such that the retainer, tube and base are effectively a single member, a coil spring 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24, paras [0032]-[0033], Figs. 5-6).
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.
Claims 7, 19 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al., US 2020/0223364 A1 (of record; hereinafter referred to as Peterson), and further in view of Harris et al. US 2021/0046874 A1 (of record; hereinafter referred to as Harris).
As to claim 7, Peterson does not teach the vehicular exterior rearview mirror assembly of claim 5, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the biasing element biases through the retainer and the pivot tube to the base portion of the actuator.
Peterson and Harris are related as actuators for folding vehicle mirror.
However, Harris teaches (Figs. 1-9) a vehicular exterior rearview mirror assembly (1, an actuator 1 for a rear view device of a vehicle, para [0063], Figs. 1-3), wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear (55b, the detent of the output gear 55b disengages from the housing of the actuator 3 via the cam ring 54, paras [0080] and [0089], Fig. 7), the biasing element biases through the retainer and the pivot tube to the base portion of the actuator (58, the wave spring 57 is supported between the retainer ring 58 and the clutch ring 56, thus biasing the clutch ring 56, the clutch gear 55 and the shaft cam ring 54 to the base section 20 of the body 2, para [0085], Fig. 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Peterson wherein with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the biasing element biases through the retainer and the pivot tube to the base portion of the actuator of Harris, because in doing so the assembly is very compact and easy to mount to both the base frame of the vehicle door and the mirror housing (para [0045]).
As to claim 19, Peterson does not teach the vehicular exterior rearview mirror assembly of claim 17, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the retainer does not engage the housing of the actuator.
Peterson and Harris are related as actuators for folding vehicle mirror.
However, Harris teaches (Figs. 1-9) the vehicular exterior rearview mirror assembly (1, an actuator 1 for a rear view device of a vehicle, para [0063], Figs. 1-3), wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear (55b, the detent of the output gear 55b disengages from the housing of the actuator 3 via the cam ring 54, paras [0080] and [0089], Fig. 7), the retainer does not engage the housing of the actuator (58, “the retainer ring 58 is axially fastened to the shaft section 21 by a bayonet lock,” thus the retainer ring 58 does not engage with the housing of the actuator, para [0085], Fig. 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Peterson with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the retainer does not engage the housing of the actuator of Harris, because in doing so the assembly is very compact and easy to mount to both the base frame of the vehicle door and the mirror housing (para [0045]).
As to claim 27, Peterson does not teach the vehicular exterior rearview mirror assembly of claim 25, wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the biasing element biases through the retainer and the pivot tube to the base portion of the actuator.
Peterson and Harris are related as actuators for folding vehicle mirror.
However, Harris teaches (Figs. 1-9) a vehicular exterior rearview mirror assembly (1, an actuator 1 for a rear view device of a vehicle, para [0063], Figs. 1-3), wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear (55b, the detent of the output gear 55b disengages from the housing of the actuator 3 via the cam ring 54, paras [0080] and [0089], Fig. 7), the biasing element biases through the retainer and the pivot tube to the base portion of the actuator (58, the wave spring 57 is supported between the retainer ring 58 and the clutch ring 56, thus biasing the clutch ring 56, the clutch gear 55 and the shaft cam ring 54 to the base section 20 of the body 2, para [0085], Fig. 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Peterson wherein with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the output gear, the biasing element biases through the retainer and the pivot tube to the base portion of the actuator of Harris, because in doing so the assembly is very compact and easy to mount to both the base frame of the vehicle door and the mirror housing (para [0045]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
De Wind et al., US 2018/0086272, Exterior Rearview Mirror Assembly, relevant to claims 1-7, 17-19, and 21-27.
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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/J.A.J./ JENNIFER A JONES
Examiner
Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
7/14/2026
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