Prosecution Insights
Last updated: August 16, 2026
Application No. 18/443,504

INTERIOR REARVIEW MIRROR ASSEMBLY WITH PIVOT MOUNT

Final Rejection §102§103
Filed
Feb 16, 2024
Priority
Feb 23, 2023 — provisional 63/486,476 +2 more
Examiner
NGUYEN, LAUREN
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Magna Mirrors of America Inc.
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
11m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
562 granted / 1026 resolved
-13.2% vs TC avg
Strong +35% interview lift
Without
With
+34.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
84 currently pending
Career history
1107
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
65.7%
+25.7% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1026 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Notice of Pre-AIA or AIA Status 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 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. Election/Restrictions Applicant’s election without traverse of Species G (figures 23-30), including claims 1-2, 7-10, 14-15, 23-27, in the reply filed on 02/20/2026 is acknowledged. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-2, 7-10, 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hansen (US 5,788,205). Regarding claim 1, Hansen (figures 1-5) discloses a vehicular interior rearview mirror assembly, the vehicular interior rearview mirror assembly comprising: a mirror head (rearview mirror assembly 20; figure 1) adjustable relative to a mounting assembly (base 30; figure 5), wherein the mirror head accommodates a mirror reflective element (mirror 24); wherein the mounting assembly is configured to mount the vehicular interior rearview mirror assembly at an interior portion of an interior cabin of a vehicle equipped with the vehicular interior rearview mirror assembly (12; figure 1), and wherein the mounting assembly comprises (i) a base portion (base 30) configured to attach at the interior portion of the interior cabin of the vehicle and (ii) an arm having a pivot element (figure 5; a ball 26 forming a portion of the ball joint mounting assembly and a base 30 at an opposite end of arm 28 from the ball 26 for mounting the arm to the underlying sheet metal roof support; see at least column 2, lines 35-55); wherein the mirror head is adjustably attached at the pivot element of the arm via a ball-and-socket pivot joint (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55); wherein the arm is pivotally attached at the base portion via a uni-axial pivot joint, and wherein the arm pivots relative to the base portion about a pivot axis of the uni-axial pivot joint (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55); wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the arm is pivoted relative to the base portion about the pivot axis of the uni-axial pivot joint and the uni-axial pivot joint limits pivoting of the arm relative to the base portion about other axes (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55); wherein the uni-axial pivot joint comprises a retention mechanism that, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, is configured to retain the arm relative to the base portion in a selected position relative to the base portion (a generally rectangular frame 32 integrally formed with arm 28 at its opposite end from the ball mount (not shown) and mirror housing 22; ; see at least column 2, lines 56-65); and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, and with the arm retained in the selected position relative to the base portion by the retention mechanism, the mirror head is adjusted by a driver of the vehicle to adjust a rearward view of the driver via pivoting of the mirror head relative to the arm at the ball-and-socket pivot joint (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55). The limitation, “wherein the mirror head is adjustably attached at the pivot element of the arm via a ball-and-socket pivot joint; wherein the arm is pivotally attached at the base portion via a uni-axial pivot joint, and wherein the arm pivots relative to the base portion about a pivot axis of the uni-axial pivot joint; wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the arm is pivoted relative to the base portion about the pivot axis of the uni-axial pivot joint and the uni-axial pivot joint limits pivoting of the arm relative to the base portion about other axes; wherein the uni-axial pivot joint comprises a retention mechanism that, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, is configured to retain the arm relative to the base portion in a selected position relative to the base portion; and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, and with the arm retained in the selected position relative to the base portion by the retention mechanism, the mirror head is adjusted by a driver of the vehicle to adjust a rearward view of the driver via pivoting of the mirror head relative to the arm at the ball-and-socket pivot joint” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. The limitations "the mirror head is adjusted by a driver of the vehicle to adjust a rearward view of the driver via pivoting of the mirror head relative to the arm at the ball-and-socket pivot joint" are regarded as intended use limitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Regarding claim 2, Hansen (figures 1-5) discloses wherein the retention mechanism comprises a plurality of detents to retain the arm relative to the base portion in a selected one of a plurality of positions relative to the base portion (Triangular projection 38 is aligned to fit within an elongated slot 15 in roof member 14 which extends radially outwardly from the center of a rectangular mounting aperture 17 formed in the sheet metal roof structure 14 which, in turn, receives a snap-in mounting clip 60 (FIGS. 2 and 3) for holding the mirror assembly to the vehicle roof; see at least column 2, lines 54-67). The limitation, “detents to retain the arm relative to the base portion in a selected one of a plurality of positions relative to the base portion” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 7, Hansen (figures 1-5) discloses wherein the arm comprises a plurality of detent structures and the base portion comprises a plurality of corresponding detent structures that engage the plurality of detent structures of the arm to retain the arm relative to the base portion at the selected one of the plurality of positions relative to the base portion (Triangular projection 38 is aligned to fit within an elongated slot 15 in roof member 14 which extends radially outwardly from the center of a rectangular mounting aperture 17 formed in the sheet metal roof structure 14 which, in turn, receives a snap-in mounting clip 60 (FIGS. 2 and 3) for holding the mirror assembly to the vehicle roof; see at least column 2, lines 54-67). The limitation, “engage the plurality of detent structures of the arm to retain the arm relative to the base portion at the selected one of the plurality of positions relative to the base portion” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 8, Hansen (figures 1-5) discloses wherein a biasing element biases the plurality of detent structures of the arm toward engagement with the plurality of corresponding detent structures of the base portion (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “element biases the plurality of detent structures of the arm toward engagement with the plurality of corresponding detent structures of the base portion” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 9, Hansen (figures 1-5) discloses wherein, as the arm pivots relative to the base portion about the pivot axis of the uni-axial pivot joint, the plurality of detent structures of the arm ride along the plurality of corresponding detent structures of the base portion (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “as the arm pivots relative to the base portion about the pivot axis of the uni-axial pivot joint, the plurality of detent structures of the arm ride along the plurality of corresponding detent structures of the base portion” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 10, Hansen (figures 1-5) discloses wherein the plurality of detent structures of the arm and the plurality of corresponding detent structures of the base portion extend radially about the pivot axis of the uni-axial pivot joint (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “extend radially about the pivot axis of the uni-axial pivot joint” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 14, Hansen (figures 1-5) discloses wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the pivot axis of the uni-axial pivot joint is oriented horizontally (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “the pivot axis of the uni-axial pivot joint is oriented horizontally” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 15, Hansen (figures 1-5) discloses wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the retention mechanism is configured to retain the arm relative to the base portion in a selected one of a plurality of vertical positions relative to the base portion (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience. The mirror assembly 20 further includes a mounting arm 28 having, as seen in the embodiment of FIG. 5, a ball 26 forming a portion of the ball joint mounting assembly and a base 30 at an opposite end of arm 28 from the ball 26 for mounting the arm to the underlying sheet metal roof support. As seen in FIG. 1, a decorative cover 19 may fit over arm 28 to cover the base 30; see at least column 2, lines 35-65). 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 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 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 5,788,205) in view of LaCross et al. (US 2020/0377022). Regarding claim 23, Hansen (figures 1-5) discloses a vehicular interior rearview mirror assembly, the vehicular interior rearview mirror assembly comprising: a mirror head (rearview mirror assembly 20; figure 1) adjustable relative to a mounting assembly (base 30; figure 5), wherein the mirror head accommodates a mirror reflective element (mirror 24); wherein the mounting assembly is configured to mount the vehicular interior rearview mirror assembly at an interior portion of an interior cabin of a vehicle equipped with the vehicular interior rearview mirror assembly (12; figure 1), and wherein the mounting assembly comprises (i) a base portion (base 30) configured to attach at the interior portion of the interior cabin of the vehicle and (ii) an arm having a pivot element (figure 5; a ball 26 forming a portion of the ball joint mounting assembly and a base 30 at an opposite end of arm 28 from the ball 26 for mounting the arm to the underlying sheet metal roof support; see at least column 2, lines 35-55); wherein the mirror head is adjustably attached at the pivot element of the arm via a ball-and-socket pivot joint (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55); wherein the arm is pivotally attached at the base portion via a uni-axial pivot joint, and wherein the arm pivots relative to the base portion about a pivot axis of the uni-axial pivot joint (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55); wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the arm is pivoted relative to the base portion about the pivot axis of the uni-axial pivot joint and the uni-axial pivot joint limits pivoting of the arm relative to the base portion about other axes (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55); wherein the uni-axial pivot joint comprises a retention mechanism that, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, is configured to retain the arm relative to the base portion in a selected one of a plurality of positions relative to the base portion (a generally rectangular frame 32 integrally formed with arm 28 at its opposite end from the ball mount (not shown) and mirror housing 22; ; see at least column 2, lines 56-65); wherein the retention mechanism comprises (i) a plurality of detent structures at the arm and (ii) a plurality of corresponding detent structures at the base portion, and wherein the plurality of corresponding detent structures of the base portion engage the plurality of detent structures of the arm to retain the arm relative to the base portion at the selected one of the plurality of positions relative to the base portion wherein the retention mechanism comprises a plurality of detents to retain the arm relative to the base portion (Triangular projection 38 is aligned to fit within an elongated slot 15 in roof member 14 which extends radially outwardly from the center of a rectangular mounting aperture 17 formed in the sheet metal roof structure 14 which, in turn, receives a snap-in mounting clip 60 (FIGS. 2 and 3) for holding the mirror assembly to the vehicle roof; see at least column 2, lines 54-67); wherein the plurality of detent structures of the arm and the plurality of corresponding detent structures of the base portion extend radially about the pivot axis of the uni-axial pivot joint (Triangular projection 38 is aligned to fit within an elongated slot 15 in roof member 14 which extends radially outwardly from the center of a rectangular mounting aperture 17 formed in the sheet metal roof structure 14 which, in turn, receives a snap-in mounting clip 60 (FIGS. 2 and 3) for holding the mirror assembly to the vehicle roof; see at least column 2, lines 54-67); and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, and with the arm retained at the selected one of the plurality of positions relative to the base portion by the retention mechanism, the mirror head is adjusted by a driver of the vehicle to adjust a rearward view of the driver via pivoting of the mirror head relative to the arm at the ball-and-socket pivot joint (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience; see at least column 2, lines 35-55). Hansen discloses the limitations as shown in the rejection of claim 23 above. However, Hansen is silent regarding wherein the uni-axial pivot joint comprises a pivot pin of the arm that is at least partially received in a receiving portion of the base portion, and wherein the pivot axis of the uni-axial pivot joint extends along a longitudinal axis of the pivot pin. LaCross et al. (figures 17-26) teaches wherein the uni-axial pivot joint comprises a pivot pin (128a; figure 25) of the arm that is at least partially received in a receiving portion of the base portion, and wherein the pivot axis of the uni-axial pivot joint extends along a longitudinal axis of the pivot pin (when the cam followers 134 are pivoted (via actuation of the motor driving the gear elements) about their axes of rotation, the pins move along the slots to pivot the body 122 and the pivot element 130 about the pivot axis at the pivot mounts 132 and relative to the mirror backing plate; see at least paragraphs 0041-0045). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the pivot pin as taught by LaCross et al. in order to achieve a very sturdy connection between the actuator and the mirror assembly The limitation, “wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the arm is pivoted relative to the base portion about the pivot axis of the uni-axial pivot joint and the uni-axial pivot joint limits pivoting of the arm relative to the base portion about other axes; wherein the uni-axial pivot joint comprises a retention mechanism that, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, is configured to retain the arm relative to the base portion in a selected one of a plurality of positions relative to the base portion; wherein the retention mechanism comprises (i) a plurality of detent structures at the arm and (ii) a plurality of corresponding detent structures at the base portion, and wherein the plurality of corresponding detent structures of the base portion engage the plurality of detent structures of the arm to retain the arm relative to the base portion at the selected one of the plurality of positions relative to the base portion; wherein the plurality of detent structures of the arm and the plurality of corresponding detent structures of the base portion extend radially about the pivot axis of the uni-axial pivot joint; and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, and with the arm retained at the selected one of the plurality of positions relative to the base portion by the retention mechanism, the mirror head is adjusted by a driver of the vehicle to adjust a rearward view of the driver via pivoting of the mirror head relative to the arm at the ball-and-socket pivot joint; wherein the pivot axis of the uni-axial pivot joint extends along a longitudinal axis of the pivot pin” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. The limitations "the mirror head is adjusted by a driver of the vehicle to adjust a rearward view of the driver via pivoting of the mirror head relative to the arm at the ball-and-socket pivot joint" are regarded as intended use limitations. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Regarding claim 24, Hansen (figures 1-5) discloses wherein a biasing element biases the plurality of detent structures of the arm toward engagement with the plurality of corresponding detent structures of the base portion (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “element biases the plurality of detent structures of the arm toward engagement with the plurality of corresponding detent structures of the base portion” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 25, Hansen (figures 1-5) discloses wherein, as the arm pivots relative to the base portion about the pivot axis of the uni-axial pivot joint, the plurality of detent structures of the arm ride along the plurality of corresponding detent structures of the base portion (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “as the arm pivots relative to the base portion about the pivot axis of the uni-axial pivot joint, the plurality of detent structures of the arm ride along the plurality of corresponding detent structures of the base portion” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 26, Hansen (figures 1-5) discloses wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the pivot axis of the uni-axial pivot joint is oriented horizontally (Interposed between the base 30 and the snap-in mounting clip 60 is a bias spring 50 comprising, in the embodiment shown in FIGS. 2-4, a flat spring plate having a central, generally rectangular body 52 generally conforming to the shape of the rectangular opening 35 in base 30 of arm 28; see at least column 2, lines 54-67). The limitation, “the pivot axis of the uni-axial pivot joint is oriented horizontally” is functional in nature. Such a functional limitation is only given patentable weight insofar as it imparts a structural limitation. Here, Hanson discloses the structural limitations required to perform the function as claimed. It is further noted that apparatus claims must be structurally distinguishable from the prior art and that the manner of operating the device does not differentiate the apparatus claim from the prior art (see e.g. MPEP 2114). In other words, the prior art need not perform the function, but must merely be capable of doing so. Regarding claim 27, Hansen (figures 1-5) discloses wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the retention mechanism is configured to retain the arm relative to the base portion in a selected one of a plurality of vertical positions relative to the base portion (The rear of housing 22 includes a conventional ball-and-socket mounting structure which allows the rearview mirror 24 to be adjusted to any desired operative position for convenience. The mirror assembly 20 further includes a mounting arm 28 having, as seen in the embodiment of FIG. 5, a ball 26 forming a portion of the ball joint mounting assembly and a base 30 at an opposite end of arm 28 from the ball 26 for mounting the arm to the underlying sheet metal roof support. As seen in FIG. 1, a decorative cover 19 may fit over arm 28 to cover the base 30; see at least column 2, lines 35-65). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN NGUYEN whose telephone number is (571)270-1428. The examiner can normally be reached on Monday - Thursday, 8:00 AM -6:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Carruth, can be reached at 571-272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LAUREN NGUYEN/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Feb 16, 2024
Application Filed
Apr 21, 2026
Non-Final Rejection mailed — §102, §103
Jul 20, 2026
Response Filed
Aug 14, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
90%
With Interview (+34.9%)
3y 4m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
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