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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-8 and 17-20, drawn to a vehicular exterior rearview mirror assembly comprising an electrically operable actuator, classified in B60R 1/074.
II. Claims 9-16, drawn to vehicular exterior door handle assembly comprising an actuator wherein, the actuator comprises an electrically operable motor, classified in E05B 85/107.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed can have a materially different design. Group I does not need to have the door handle as required by Group II. Group II does not need to have the rearview mirror as required by Group I. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(a) the inventions have acquired a separate status in the art in view of their different classification;
(b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter;
(c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries)
(d) the prior art applicable to one invention would likely not be applicable to another invention
(e) the inventions are likely to raise different non-prior art issues under 35 USC 101 and/or 35 USC 112 (a).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Mr. Christopher Delucenay on 02/11/2026 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-8 and 17-20. Affirmation of this election must be made by applicant in replying to this Office action. Claims 9-16 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 09/02/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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 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 1-3, 5-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al., US 2021/0070222 A1 (hereinafter referred to as Harris222), and further in view of Harris et al., US 2021/0046874 A1 (hereinafter referred to as Harris874).
As to claim 1, Harris222 teaches a vehicular exterior rearview mirror assembly (Harris222, Fig. 1, 102, paragraphs [0033]-[0034], “a component 102 is disposed on the vehicle… the component 102 is a side view mirror”), the vehicular exterior rearview mirror assembly comprising:
a mirror head accommodating a mirror reflective element (Harris222, Figs. 2A and 2B, 104, paragraph [0036], “mirror casing 104”);
a mounting base configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly (Harris222, Figs. 2A and 2B, 102, paragraph [0042], “a base of the component 102,” a mounting base mounting the side view mirror 102 to the vehicle 100 is shown in the annotated Figs. 2A and 2B below);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle, the mirror head is movable relative to the mounting base (Harris222, Figs. 3A-3B, FD, UD, paragraph [0036], the mirror and mirror casing 104 of the side view mirror 102 may move between the folding and unfolding positions) 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 (Harris222, Figs. 3A-3B, FD, UD, paragraph [0036], “The housing 204 may rotate in an unfolding direction ‘UD’ relative to the shaft 202 to move the mirror casing 104 of the component 102 from the folded position to the unfolded position. The unfolding direction ‘UD’ may be opposite to the folding direction ‘FD’.”), and (ii) a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle (Harris222, Figs. 3A-3B, FD, UD, paragraph [0036], “The housing 204 may rotate in a folding direction ‘FD’ relative to the shaft 202 to move the mirror casing 104 of the component 102 from the unfolded position to the folded position”);
an electrically operable actuator (Harris222, Figs. 3A-3B, 200, paragraph [0036], “the actuating device 200”), wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle, the actuator is electrically operable to move the mirror head relative to the mounting base between the folded position and the extended position (Harris222, Figs. 3A-3B, 200, paragraph [0036], “the actuating device 200 may move the component 102 between the unfolded position and the folded position,” paragraph [0045], “the motor 502 may be a direct current (DC) motor, an alternating current (AC), a universal motor, or any electrical device that converts electrical energy into rotational power output”);
wherein the actuator comprises a base portion that attaches at the mounting base (Harris222, Fig. 4, 406, paragraph [0037], “the actuating device 200 includes… the housing 204,” paragraphs [0041]-[0042], the housing 204 includes a second housing part that is distal to the top end 302) and a pivot tube that extends from the base portion of the actuator (Harris222, Fig. 6, 202, paragraphs [0041]-[0042], “the housing 204 is movably disposed around the shaft 202,” the shaft 202 has a top end 302 and the second housing 406 is distal to the top end 302);
wherein the pivot tube extends through an output gear of the actuator and a housing of the actuator (Harris222, Figs. 6 and 8, 202, paragraph [0037], “the shaft 202 defines a longitudinal axis ‘LA’ along a length thereof. The shaft 202 has a substantially hollow cylindrical configuration having a top end 302 and a bottom end 304… the shaft 202 includes a flange 306 at the bottom end 304. The flange 306 may be mounted on the vehicle 100,” thus the shaft 202 extends through the output gear 208 and the actuator housing 404, 406);
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 (Harris222, Figs. 3A and 3B, 104, 204, paragraphs [0036], “the housing 204 may be coupled to a mirror casing 104 (shown in FIGS. 2A and 2B) of the side view mirror 102… The housing 204 may be movable between a first position (shown in FIG. 3A) and a second position (shown in FIG. 3B) with respect to the shaft 202. The first position of the housing 204 may correspond to the unfolded position of the component 102. The second position of the housing 204 may correspond to the folded position of the component 102.”);
wherein the output gear is rotatably fixed relative to the base portion of the actuator (Harris222, Figs. 6 and 11, 402, 704, paragraph [0041], the second housing part 406 includes a plurality of tabs 402, paragraph [0052], the clutch gear ring 206 includes three engagement grooves 704… the tabs 402 engage with corresponding engagement grooves, paragraphs [0055]-[0056], the drive gear 208 includes cam followers 602 and the clutch ring 206 includes a cam surface 702 that extends a hard stop 708 configured to engage with the cam followers 602, thus the drive gear 208 is rotatably fixed relative to the second housing 406 via the clutch gear ring 206), and wherein the housing of the actuator, when the actuator is electrically operated, (i) pivots about the output gear as the housing of the actuator moves about the longitudinal axis of the pivot tube (Harris222, Fig. 6, 204, 208, paragraph [0037], “the shaft 202 defines a longitudinal axis “LA” along a length thereof,” paragraphs [0041] and [0049], the housing 204 is movably disposed around the shaft 202 and the drive gear 208 is received within the housing 204 and movably disposed around the shaft 202);
wherein the actuator comprises a biasing element that releasably retains the actuator in at least one detent state of the actuator (Harris222, Fig. 6, 216, paragraphs [0063] and [0065], “the second spring 216 is disposed between the clutch ring 206 and the second housing 406… the second spring 216 may provide a force that holds the tabs 402 engaged with the corresponding engagement grooves 704”);
wherein the clutch ring comprises a plurality of detents 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 (Harris222, Fig. 6, 402, 704, paragraph [0068], “the engagement between the tabs 402 and the corresponding engagement grooves 704 may prevent rotation of the housing 204 in the first position”);
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 clutch ring (Harris222, Fig. 6, 402, 704, paragraph [0069], “disengagement of the tabs 402 from the corresponding engagement grooves 704 may lead to rotation of the motor drive 210 and the housing 204 in the folding direction ‘FD’”);
wherein, with the plurality of detents of the clutch ring engaged with the plurality of detents of the housing of the actuator, the biasing element biases through the housing of the actuator and the clutch ring to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (Harris222, Fig. 6, 216, paragraphs [0063] and [0065], “the second spring 216 is disposed between the clutch ring 206 and the second housing 406… the second spring 216 may provide a force that holds the tabs 402 engaged with the corresponding engagement grooves 704”); and
wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the clutch ring, the biasing element does not bias through the housing of the actuator and the clutch ring (Harris222, Fig. 6, 216, paragraph [0068], the engagement between the motor drive 210 and the housing 204 can move the housing 204 away from the clutch ring 206, due to the upward movement of the housing 204, the second spring may be further deformed, the upward movement of the housing 204 may also move the tabs 402 upwards relative to the clutch ring 206 and the tabs 402 may be disengaged from the corresponding engagement grooves 704.).
Harris222 does not teach the vehicular exterior rearview mirror assembly wherein the output gear comprises detents wherein, the detents of the housing of the actuator engage with and disengage from the detents of the output gear.
However, in the same field of endeavor Harris874 teaches a vehicular exterior rearview mirror assembly (Harris874, Fig. 1, 1, paragraph [0063], an actuator 1 for a rear view device of a vehicle) wherein the output gear comprises a detent (Harris874, Fig. 7, 55, 55b, paragraph [0078], “the clutch gear 55 has a lifting stop detent 55b”) wherein, the detents of the housing of the actuator engage with and disengage from the detents of the output gear (Harris874, Fig. 7, 55b, paragraph [0080], “the lifting cam track 55d of the clutch gear 55 completely engages the lifting cam track 54c of the body 2, i.e. the lifting stop catch 54b engages the lifting stop detent 55b which corresponds to the first axial position 2g of the actuator housing 3,” thus the detent of the output gear engages with and disengages from the housing of the actuator 3 via the cam ring 54).
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 Harris222 with the output gear comprising detents wherein, the detents of the housing of the actuator engage with and disengage from the detents of the output gear of Harris874, because the clutch gear 55 is the central part of the drive assembly having an outer helical gear for interacting with the drive train and forwarding a moment (Harris874, paragraph [0084]).
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As to claim 2, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 1. Harris222 does not teach 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.
However, in the same field of endeavor Harris874 teaches a vehicular exterior rearview mirror assembly, 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 (Harris874, Fig. 4, 4, 2g, 2h, paragraph [0075], the clutch gear 55 is axially displaceably borne by the body 2, paragraph [0079], the body 2 and the clutch gear 55 each have a lifting cam track 54d, 55d extending peripherally around the body 2 and interacting with each other for defining a lifting stop and a lifting stroke. The lifting stroke determines the width of the gap 4, paragraph [0091], “the clutch gear 55 is rotated relative to the actuator housing 3 and relative to the body 2 until the lifting stop detent 55b of the clutch gear 55 and the lifting stop catch 54b of the body 2 engage which engagement causes a displacement of the actuator housing 3 from the second axial position 2h to the first axial position 2g supported by the biasing force of the wave spring 57,” ).
Harris874 discloses the claimed invention except for 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. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the output gear and housing of the actuator move toward the base portion, since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.). See MPEP §2144.04(VI)(A).
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 Harris222 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, because doing so controls a relative axial position of the clutch gear 55 and the housing 3 (Harris874, paragraph [0084]).
As to claim 3, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Harris222 further 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, the biasing element engages the housing of the actuator (Harris222, Fig. 10, 902, paragraph [0063], the second spring 216 includes a pair of arms 902, the second housing 406 includes a pair of extensions 426 corresponding to the pair of arms 902, the arms 902 may be biased towards the lower surface of the second housing 406 and the second spring 216 may deform due to an upward movement of the housing 204 relative to the clutch ring 206).
As to claim 5, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Harris222 further 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 (Harris222, Fig. 6, 312, paragraph [0038], “the locking ring 312,” as shown in figure 6 the locking ring 312 is between the biasing element 216 and the housing 406).
As to claim 6, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 5. Harris222 does not teach 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.
However, in the same field of endeavor Harris874 a vehicular exterior rearview mirror assembly, 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 (Harris874, Fig. 9, 58, paragraph [0085], “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”).
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 Harris222 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 of Harris874, because doing so biases the clutch ring 56, the clutch gear 55 and the shaft cam ring 54 to the base section 20 of the body 2 (Harris874, paragraph [0085]).
As to claim 7, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 5. Harris222 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.
However, in the same field of endeavor Harris874 a vehicular exterior rearview mirror assembly, 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 (Harris874, Fig. 9, 58, paragraph [0085]).
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 Harris222 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 Harris874, because doing so biases the clutch ring 56, the clutch gear 55 and the shaft cam ring 54 to the base section 20 of the body 2 (Harris874, paragraph [0085]).
As to claim 8, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Harris222 further teaches the vehicular exterior rearview mirror assembly of claim 1, wherein the biasing element is disposed between the housing of the actuator and an upper end of the pivot tube (Harris222, Fig. 6 and Fig. 8, 216, paragraph [0037], the shaft has a top 302, as shown in the figures 6 and 8 the biasing element 216 is disposed between the housing 406 and the upper end of the shaft 302).
As to claim 17, Harris222 teaches a vehicular exterior rearview mirror assembly (Harris222, Fig. 1, 102, paragraphs [0033]-[0034], “a component 102 is disposed on the vehicle… the component 102 is a side view mirror”), the vehicular exterior rearview mirror assembly comprising:
a mirror head accommodating a mirror reflective element (Harris222, Figs. 2A and 2B, 104, paragraph [0036], “mirror casing 104”);
a mounting base configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly (Harris222, Figs. 2A and 2B, 102, paragraph [0042], “a base of the component 102,” a mounting base mounting the side view mirror 102 to the vehicle 100 is shown in the annotated Figs. 2A and 2B below);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle, the mirror head is movable relative to the mounting base (Harris222, Figs. 3A-3B, FD, UD, paragraph [0036], the mirror and mirror casing 104 of the side view mirror 102 may move between the folding and unfolding positions) 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 (Harris222, Figs. 3A-3B, FD, UD, paragraph [0036], “The housing 204 may rotate in an unfolding direction ‘UD’ relative to the shaft 202 to move the mirror casing 104 of the component 102 from the folded position to the unfolded position. The unfolding direction ‘UD’ may be opposite to the folding direction ‘FD’.”), and (ii) a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle (Harris222, Figs. 3A-3B, FD, UD, paragraph [0036], “The housing 204 may rotate in a folding direction ‘FD’ relative to the shaft 202 to move the mirror casing 104 of the component 102 from the unfolded position to the folded position”);
an electrically operable actuator (Harris222, Figs. 3A-3B, 200, paragraph [0036], “the actuating device 200”), wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the vehicle, the actuator is electrically operable to move the mirror head relative to the mounting base between the folded position and the extended position (Harris222, Figs. 3A-3B, 200, paragraph [0036], “the actuating device 200 may move the component 102 between the unfolded position and the folded position,” paragraph [0045], “the motor 502 may be a direct current (DC) motor, an alternating current (AC), a universal motor, or any electrical device that converts electrical energy into rotational power output”);
wherein the actuator comprises a base portion that attaches at the mounting base (Harris222, Fig. 4, 406, paragraph [0037], “the actuating device 200 includes… the housing 204,” paragraphs [0041]-[0042], the housing 204 includes a second housing part that is distal to the top end 302) and a pivot tube that extends from the base portion of the actuator (Harris222, Fig. 6, 202, paragraphs [0041]-[0042], “the housing 204 is movably disposed around the shaft 202,” the shaft 202 has a top end 302 and the second housing 406 is distal to the top end 302);
wherein the pivot tube extends through an output gear of the actuator and a housing of the actuator (Harris222, Figs. 6 and 8, 202, paragraph [0037], “the shaft 202 defines a longitudinal axis ‘LA’ along a length thereof. The shaft 202 has a substantially hollow cylindrical configuration having a top end 302 and a bottom end 304… the shaft 202 includes a flange 306 at the bottom end 304. The flange 306 may be mounted on the vehicle 100,” thus the shaft 202 extends through the output gear 208 and the actuator housing 404, 406);
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 (Harris222, Figs. 3A and 3B, 104, 204, paragraphs [0036], “the housing 204 may be coupled to a mirror casing 104 (shown in FIGS. 2A and 2B) of the side view mirror 102… The housing 204 may be movable between a first position (shown in FIG. 3A) and a second position (shown in FIG. 3B) with respect to the shaft 202. The first position of the housing 204 may correspond to the unfolded position of the component 102. The second position of the housing 204 may correspond to the folded position of the component 102.”);
wherein the output gear is rotatably fixed relative to the base portion of the actuator (Harris222, Figs. 6 and 11, 402, 704, paragraph [0041], the second housing part 406 includes a plurality of tabs 402, paragraph [0052], the clutch gear ring 206 includes three engagement grooves 704… the tabs 402 engage with corresponding engagement grooves, paragraphs [0055]-[0056], the drive gear 208 includes cam followers 602 and the clutch ring 206 includes a cam surface 702 that extends a hard stop 708 configured to engage with the cam followers 602, thus the drive gear 208 is rotatably fixed relative to the second housing 406 via the clutch gear ring 206), and wherein the housing of the actuator, when the actuator is electrically operated, (i) pivots about the output gear as the housing of the actuator moves about the longitudinal axis of the pivot tube (Harris222, Fig. 6, 204, 208, paragraph [0037], “the shaft 202 defines a longitudinal axis “LA” along a length thereof,” paragraphs [0041] and [0049], the housing 204 is movably disposed around the shaft 202 and the drive gear 208 is received within the housing 204 and movably disposed around the shaft 202);
wherein the actuator comprises a biasing element that releasably retains the actuator in at least one detent state of the actuator (Harris222, Fig. 6, 216, paragraphs [0063] and [0065], “the second spring 216 is disposed between the clutch ring 206 and the second housing 406… the second spring 216 may provide a force that holds the tabs 402 engaged with the corresponding engagement grooves 704”), and wherein a retainer is disposed between the biasing element and the housing of the actuator (Harris222, Fig. 6, 312, paragraph [0038], “the locking ring 312,” as shown in figure 6 the locking ring 312 is between the biasing element 216 and the housing 406);
wherein the clutch ring comprises a plurality of detents 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 (Harris222, Fig. 6, 402, 704, paragraph [0068], “the engagement between the tabs 402 and the corresponding engagement grooves 704 may prevent rotation of the housing 204 in the first position”);
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 clutch ring (Harris222, Fig. 6, 402, 704, paragraph [0069], “disengagement of the tabs 402 from the corresponding engagement grooves 704 may lead to rotation of the motor drive 210 and the housing 204 in the folding direction ‘FD’”);
wherein, with the plurality of detents of the clutch ring engaged with the plurality of detents of the housing of the actuator, the biasing element biases through the housing of the actuator and the clutch ring to the base portion of the actuator to releasably retain the actuator in the at least one detent state of the actuator (Harris222, Fig. 6, 216, paragraphs [0063] and [0065], “the second spring 216 is disposed between the clutch ring 206 and the second housing 406… the second spring 216 may provide a force that holds the tabs 402 engaged with the corresponding engagement grooves 704”); and
wherein, with the plurality of detents of the housing of the actuator disengaged from the plurality of detents of the clutch ring, the biasing element does not bias through the housing of the actuator and the clutch ring (Harris222, Fig. 6, 216, paragraph [0068], the engagement between the motor drive 210 and the housing 204 can move the housing 204 away from the clutch ring 206, due to the upward movement of the housing 204, the second spring may be further deformed, the upward movement of the housing 204 may also move the tabs 402 upwards relative to the clutch ring 206 and the tabs 402 may be disengaged from the corresponding engagement grooves 704.).
Harris222 does not teach the vehicular exterior rearview mirror assembly wherein the output gear comprises detents wherein, the detents of the housing of the actuator engage with and disengage from the detents of the output gear.
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
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, and
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.
However, in the same field of endeavor Harris874 teaches a vehicular exterior rearview mirror assembly (Harris874, Fig. 1, 1, paragraph [0063], an actuator 1 for a rear view device of a vehicle) wherein the output gear comprises a detent (Harris874, Fig. 7, 55, 55b, paragraph [0078], “the clutch gear 55 has a lifting stop detent 55b”) wherein, the detents of the housing of the actuator engage with and disengage from the detents of the output gear (Harris874, Fig. 7, 55b, paragraph [0080], “the lifting cam track 55d of the clutch gear 55 completely engages the lifting cam track 54c of the body 2, i.e. the lifting stop catch 54b engages the lifting stop detent 55b which corresponds to the first axial position 2g of the actuator housing 3,” thus the detent of the output gear engages with and disengages from the housing of the actuator 3 via the cam ring 54),
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 (Harris874, Fig. 9, 58, paragraph [0085], “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”),
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 (Harris874, Fig. 4, 4, 2g, 2h, paragraph [0075], the clutch gear 55 is axially displaceably borne by the body 2, paragraph [0079], the body 2 and the clutch gear 55 each have a lifting cam track 54d, 55d extending peripherally around the body 2 and interacting with each other for defining a lifting stop and a lifting stroke. The lifting stroke determines the width of the gap 4, paragraph [0091], “the clutch gear 55 is rotated relative to the actuator housing 3 and relative to the body 2 until the lifting stop detent 55b of the clutch gear 55 and the lifting stop catch 54b of the body 2 engage which engagement causes a displacement of the actuator housing 3 from the second axial position 2h to the first axial position 2g supported by the biasing force of the wave spring 57,” ), and
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 (Harris874, Fig. 9, 58, paragraph [0085]).
Harris874 discloses the claimed invention except for 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. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have the output gear and housing of the actuator move toward the base portion, since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.). See MPEP §2144.04(VI)(A).
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 Harris222 with the output gear comprising detents wherein, the detents of the housing of the actuator engage with and disengage from the detents of the output gear,
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
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, and
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 Harris874, because the clutch gear 55 is the central part of the drive assembly having an outer helical gear for interacting with the drive train and forwarding a moment, doing so controls a relative axial position of the clutch gear 55 and the housing 3, and biases the clutch ring 56, the clutch gear 55 and the shaft cam ring 54 to the base section 20 of the body 2 (Harris874, paragraphs [0084]-[0085]).
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As to claim 19, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 17. Harris222 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.
However, in the same field of endeavor Harris874 teaches the vehicular exterior rearview mirror assembly, 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 (Harris874, Fig. 6, 58, paragraph [0085], “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).
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 Harris222 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 Harris874, because 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 (Harris874, paragraph [0085]).
As to claim 20, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 17, and Harris222 further teaches the vehicular exterior rearview mirror assembly of claim 1, wherein the biasing element is disposed between the housing of the actuator and an upper end of the pivot tube (Harris222, Fig. 6 and Fig. 8, 216, paragraph [0037], the shaft has a top 302, as shown in the figures 6 and 8 the biasing element 216 is disposed between the housing 406 and the upper end of the shaft 302).
Claims 4 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al., US 2021/0070222 A1 (hereinafter referred to as Harris222), in view of Harris et al., US 2021/0046874 A1 (hereinafter referred to as Harris874), and further in view of Foote et al., US 2003/0218812 A1 (hereinafter referred to as Foote).
As to claim 4, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 1. Harris222 does not teach 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.
However, in the same field of endeavor Foote teaches a vehicular exterior rearview mirror assembly (Foote, Figs. 1-4, 10, paragraphs [0199]-[0200], “vehicular mirror assembly 10”), 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 (Foote, Fig. 7, 48, paragraph [0219], “the control ring 50 is depressed against the bias of spring 48 until an upper surface of the annular body 90 of the control ring 50 traverses past the bore 68 located in the upper engagement portion 64 of the rotatable column 42. Once the control ring 50 is depressed beneath the bore 68, the shaft 70 is inserted within the bore 68 and the downward pressure on the control ring 50 is released. The spring 48 attempts to return to its unbiased position and bears the upper surface of the annular body 90 of the control ring 50 against ends of the shaft protruding from the bore 68.”).
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 Harris222 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 of Foote, because doing so reduces the force between the detents 34 and the grooves 98, thus reducing the force needed to rotate the mirror housing relative to the base 14 (Foote, paragraph [0219]).
As to claim 18, Harris222 in view of Harris874 teaches all the limitations of the instant invention as detailed above with respect to claim 17. Harris222 does not teach 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, the retainer engages the housing of the actuator.
However, in the same field of endeavor Foote teaches a vehicular exterior rearview mirror assembly (Foote, Figs. 1-4, 10, paragraphs [0199]-[0200], “vehicular mirror assembly 10”), wherein, with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator, the retainer engages the housing of the actuator (Foote, Fig. 19, 70, paragraph [0232], “a split ring retainer 70 which snaps into a groove 104 in the lower portion 22 of the base 14to compress the spring 48”).
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 Harris222 with the plurality of detents of the output gear engaged with the plurality of detents of the housing of the actuator, the retainer engages the housing of the actuator of Foote, because doing so performs the force-reducing function of a force-modifying device during the normal range of movement (Foote, paragraph [0232]).
Conclusion
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JENNIFER A JONES
Examiner
Art Unit 2872
/JENNIFER A JONES/ Examiner, Art Unit 2872
/THOMAS K PHAM/ Supervisory Patent Examiner, Art Unit 2872