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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims as set forth below of U.S. Patent No. 12,036,927 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed details are already patented in the parent case.
Current Application 18/772,326
U.S. Patent No. 12,036,927 B2
1. A vehicular exterior rearview mirror assembly, the vehicular exterior rearview mirror assembly comprising:
a mirror head accommodating a mirror reflective element; a mounting base configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle; 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 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 and (ii) a folded position where the mirror head is folded inward from the extended position toward the side of the vehicle;
an actuator, 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; wherein the mirror head is manually movable between at least the extended position and the folded position;
wherein the actuator comprises a first detent interface and a second detent interface; wherein the first detent interface is engaged when the actuator is electrically operated to move the mirror head to the folded position or the extended position, and
wherein the second detent interface is not engaged as the actuator is electrically operated to move the mirror head between the folded position and the extended position; and wherein the second detent interface is engaged when the mirror head is manually moved to the folded position or the extended position, and
wherein the first detent interface is not engaged as the mirror head is manually moved between the folded position and the extended position.
2. The vehicular exterior rearview mirror assembly of claim 1, wherein the actuator comprises (i) a base portion fixed relative to the mounting base, (ii) an upper detent element non-rotatably disposed at the base portion, (iii) an output gear and (iv) an attaching portion attached at the mirror head.
17. A vehicular exterior rearview mirror assembly, the vehicular exterior rearview mirror assembly comprising:a mirror head accommodating a mirror reflective element; a mounting base configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle; 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 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 and (ii) a folded position where the mirror head is folded inward from the extended position toward the side of the vehicle; an actuator, 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; wherein the actuator comprises (i) a base portion fixed relative to the mounting base, (ii) an upper detent element non-rotatably disposed at the base portion, (iii) an output gear and (iv) an attaching portion attached at the mirror head; wherein the mirror head is manually movable between at least the extended position and the folded position; wherein the actuator comprises a first detent interface, and wherein the first detent interface comprises (i) an upper detent surface of the output gear partially nesting with a lower detent surface of the upper detent element and (ii) a lower detent surface of the attaching portion partially nesting with an upper detent surface of the base portion; wherein the actuator comprises a second detent interface, and wherein the second detent interface comprises the lower detent surface of the attaching portion partially nesting with the upper detent surface of the base portion; wherein the first detent interface is engaged when the actuator is electrically operated to move the mirror head to the folded position or the extended position, and wherein the second detent interface is not engaged as the actuator is electrically operated to move the mirror head between the folded position and the extended position; and wherein the second detent interface is engaged when the mirror head is manually moved to the folded position or the extended position, and wherein the first detent interface is not engaged as the mirror head is manually moved between the folded position and the extended position.
1. A vehicular exterior rearview mirror assembly,
said vehicular exterior rearview mirror assembly comprising:
a mirror head movably attached at a mounting base configured for mounting at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly, wherein the mirror head comprises a mirror casing and a mirror reflective element;
an actuator electrically operable to move the mirror head relative to the mounting base, wherein, with the mounting base mounted at the side of the vehicle, the actuator, when electrically operated, moves the mirror head between at least 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, and a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle; wherein the actuator comprises (i) a base portion fixed relative to the mounting base, the base portion having an upper detent surface at a lower end region of the base portion and a post extending from the lower end region, (ii) an output gear having an upper detent surface and a lower detent surface and (iii) an attaching portion attached at the mirror head and having an upper detent surface and a lower detent surface; wherein the actuator comprises an electrically powered motor that is electrically operable to move the attaching portion relative to the base portion;
wherein the actuator comprises a first detent interface that is engaged to maintain the mirror head at the folded position or at the extended position when the mirror head is moved via the actuator to the folded position or to the extended position;
wherein the actuator comprises a second detent interface that is engaged to maintain the mirror head at the folded position or at the extended position when the mirror head is manually moved to the folded position or to the extended position; and
wherein the second detent interface is not engaged while the actuator moves the mirror head between the folded position and the extended position.
3.The vehicular exterior rearview mirror assembly of claim 2, wherein the first detent interface comprises (i) an upper detent surface of the output gear partially nesting with a lower detent surface of the upper detent element and (ii) a lower detent surface of the attaching portion partially nesting with an upper detent surface of the base portion.
18. The vehicular exterior rearview mirror assembly of claim 1, wherein said first detent interface comprises (i) the upper detent surface of said output gear partially nesting with a lower detent surface of an upper detent element of said actuator and (ii) the lower detent surface of said attaching portion partially nesting with the upper detent surface of said base portion.
4. The vehicular exterior rearview mirror assembly of claim 2, wherein the second detent interface comprises a lower detent surface of the attaching portion partially nesting with an upper detent surface of the base portion.
19. The vehicular exterior rearview mirror assembly of claim 18, wherein said second detent interface comprises the lower detent surface of said attaching portion partially nesting with the upper detent surface of said base portion.
5. The vehicular exterior rearview mirror assembly of claim 2, wherein the upper detent element is axially movable relative to the base portion.
20. The vehicular exterior rearview mirror assembly of claim 18, wherein said upper detent element is non-rotatably disposed at said base portion, and wherein said upper detent element is axially movable relative to said post.
6. The vehicular exterior rearview mirror assembly of claim 2, wherein a post extends from the base portion and at least partially through the attaching portion, the output gear and the upper detent element.
11. A vehicular exterior rearview mirror assembly, the vehicular exterior rearview mirror assembly comprising: a mirror head accommodating a mirror reflective element; a mounting base configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle; 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 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 and (ii) a folded position where the mirror head is folded inward from the extended position toward the side of the vehicle; an actuator, 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; wherein the mirror head is manually movable between at least the extended position and the folded position; wherein the actuator comprises a first detent interface and a second detent interface; wherein the actuator comprises (i) a base portion fixed relative to the mounting base, (ii) an upper detent element non-rotatably disposed at the base portion, (iii) an output gear, (iv) an attaching portion attached at the mirror head, (v) a post extending from the base portion and at least partially through the attaching portion, the output gear and the upper detent element and (vi) a biasing element that urges the first detent interface and the second detent interface toward engagement; wherein the first detent interface is engaged when the actuator is electrically operated to move the mirror head to the folded position or the extended position, and wherein the second detent interface is not engaged as the actuator is electrically operated to move the mirror head between the folded position and the extended position; and wherein the second detent interface is engaged when the mirror head is manually moved to the folded position or the extended position, and wherein the first detent interface is not engaged as the mirror head is manually moved between the folded position and the extended position.
12. The vehicular exterior rearview mirror assembly of claim 11, wherein the first detent interface comprises (i) an upper detent surface of the output gear partially nesting with a lower detent surface of the upper detent element and (ii) a lower detent surface of the attaching portion partially nesting with an upper detent surface of the base portion.
19. The vehicular exterior rearview mirror assembly of claim 17, wherein a post extends from the base portion and at least partially through the attaching portion, the output gear and the upper detent element.
23. A vehicular exterior rearview mirror assembly, the vehicular exterior rearview mirror assembly comprising: a mirror head movably attached at a mounting base configured for mounting at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly, wherein the mirror head comprises a mirror casing and a mirror reflective element; an actuator electrically operable to move the mirror head relative to the mounting base, wherein, with the mounting base mounted at the side of the vehicle, the actuator, when electrically operated, moves the mirror head between at least 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, and a folded position, where the mirror head is moved inward from the extended position toward the side of the vehicle; wherein the actuator comprises (i) a base portion fixed relative to the mounting base, the base portion having an upper detent surface at a lower end region of the base portion and a post extending from the lower end region, (ii) an output gear having an upper detent surface and a lower detent surface and (iii) an attaching portion attached at the mirror head and having an upper detent surface and a lower detent surface; wherein the actuator comprises an electrically powered motor that is electrically operable to move the attaching portion relative to the base portion; wherein the electrically powered motor is disposed in a housing portion of the actuator; wherein the actuator comprises a first detent interface that is engaged to maintain the mirror head at the folded position or at the extended position when the mirror head is moved via the actuator to the folded position or to the extended position; wherein the actuator comprises a second detent interface that is engaged to maintain the mirror head at the folded position or at the extended position when the mirror head is manually moved to the folded position or to the extended position; wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together; wherein the second detent interface is not engaged while the actuator moves the mirror head between the folded position and the extended position; and wherein the first detent interface is not engaged when the mirror head is manually moved to the folded position or to the extended position.
7. The vehicular exterior rearview mirror assembly of claim 2, wherein the output gear is non-rotatable relative to the base portion when the first detent interface is engaged, and wherein the output gear is rotatable relative to the base portion when the second detent interface is engaged and the first detent interface is disengaged.
17. The vehicular exterior rearview mirror assembly of claim 1, wherein the output gear is non-rotatable relative to the base portion when the first detent interface is engaged, and wherein the output gear is rotatable relative to the base portion when the second detent interface is engaged and the first detent interface is disengaged.
8. The vehicular exterior rearview mirror assembly of claim 2, wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together.
22. The vehicular exterior rearview mirror assembly of claim 1, wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together.
9. The vehicular exterior rearview mirror assembly of claim 1, wherein the actuator comprises a biasing element, and wherein the biasing element urges the first detent interface and the second detent interface toward engagement.
14. The vehicular exterior rearview mirror assembly of claim 13, wherein the actuator comprises a biasing element disposed between an upper detent surface of the upper detent element and an upper end region of the post, the biasing element urging the upper detent element axially toward the base portion.
10. The vehicular exterior rearview mirror assembly of claim 1, wherein the actuator comprises an electrically operable motor that is electrically operated to move the mirror head between the folded position and the extended position.
11. The vehicular exterior rearview mirror assembly of claim 10, wherein, while the electrically powered motor is electrically powered to move the mirror head between the folded position and the extended position, the electrically powered motor and the attaching portion move relative to the base portion and the lower detent surface of the attaching portion moves relative to the upper detent surface of the base portion, and wherein, while the lower detent surface of the attaching portion moves relative to the upper detent surface of the base portion, the attaching portion moves upward from the base portion to axially move the mirror head away from the mounting base.
13. The vehicular exterior rearview mirror assembly of claim 11, wherein the second detent interface comprises a lower detent surface of the attaching portion partially nesting with an upper detent surface of the base portion.
38. The vehicular exterior rearview mirror assembly of claim 37, wherein the second detent interface comprises the lower detent surface of the attaching portion partially nesting with the upper detent surface of the base portion.
14. The vehicular exterior rearview mirror assembly of claim 11, wherein the upper detent element is axially movable relative to the base portion.
39. The vehicular exterior rearview mirror assembly of claim 37, wherein the upper detent element is non-rotatably disposed at the base portion, and wherein the upper detent element is axially movable relative to the post.
15. The vehicular exterior rearview mirror assembly of claim 11, wherein the output gear is non-rotatable relative to the base portion when the first detent interface is engaged, and wherein the output gear is rotatable relative to the base portion when the second detent interface is engaged and the first detent interface is disengaged.
36. The vehicular exterior rearview mirror assembly of claim 23, wherein the output gear is non-rotatable relative to the base portion when the first detent interface is engaged, and wherein the output gear is rotatable relative to the base portion when the second detent interface is engaged and the first detent interface is disengaged.
16. The vehicular exterior rearview mirror assembly of claim 11, wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together.
22. The vehicular exterior rearview mirror assembly of claim 1, wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together.
18. The vehicular exterior rearview mirror assembly of claim 17, wherein the upper detent element is axially movable relative to the base portion.
33. The vehicular exterior rearview mirror assembly of claim 32, wherein the upper detent element is non-rotatably disposed at the base portion, and wherein the upper detent element is axially movable relative to the post.
20. The vehicular exterior rearview mirror assembly of claim 17, wherein the output gear is non-rotatable relative to the base portion when the first detent interface is engaged, and wherein the output gear is rotatable relative to the base portion when the second detent interface is engaged and the first detent interface is disengaged.
36. The vehicular exterior rearview mirror assembly of claim 23, wherein the output gear is non-rotatable relative to the base portion when the first detent interface is engaged, and wherein the output gear is rotatable relative to the base portion when the second detent interface is engaged and the first detent interface is disengaged.
21. The vehicular exterior rearview mirror assembly of claim 17, wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together.
22. The vehicular exterior rearview mirror assembly of claim 1, wherein, during manual moving of the mirror head relative to the mounting base, the attaching portion and the output gear move together.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNCHA P CHERRY whose telephone number is (571)272-2310. The examiner can normally be reached M to F 7am to 3:30pm.
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6/26/2026
/EUNCHA P CHERRY/Primary Examiner, Art Unit 2872
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