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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-20 are rejected herein.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 2-10 and 12-20 are objected to because of the following informalities:
Claims 2-10 line 1 “A mirror bracket according to claim 1” should be amended to –The mirror bracket according to claim 1–.
Claims 12-20 line 1 “A method” should be amended to –The method–.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 5 and 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
The recitation of claim 2 wherein “…said side body panel that is on said vehicle between a front of said vehicle and a front door of said vehicle, said side body panel and said door have a gap therebetween, and said side lip extends into said gap…” renders the claim indefinite because the side body panel and the door is not an element of the claimed invention and it is improper to seek to define claimed structure based on some unclaimed element. In this case, the boundaries of the claim cannot be properly ascertain because one would not know whether their invention infringed the instant claim until someone else later added the side body panel of a vehicle and a door. Accordingly, the mirror bracket itself must be defined by its structural elements instead of relying upon a comparison with an unascertained element. Claim 5 contains similar issue.
Claim 11 recites the limitation "said side body panel" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim.
Dependent claims 12-20 are rejected based on their respective dependencies.
Appropriate correction/explanation is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11, 13-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Golden (U.S. Pat. No. 2411421).
Regarding claim 1, Golden teaches a mirror bracket adapted for coupling a mirror to a vehicle, the mirror bracket comprising:
a main member (Fig. 3; element 10) that has a front surface and a rear surface, the rear surface adapted for placement towards a side body panel of said vehicle;
a side lip (15) orthogonal to said rear surface;
a bracket attachment location (location/opening of 10 receiving 11) adapted for attaching said main member to said side body panel of said vehicle;
an arm attachment structure (9, 11, 20) for attaching an arm to said mirror bracket, wherein said mirror (2) is attached to said arm (1);
wherein said arm attachment structure faces said front surface of said main member and said side lip extends away from said rear surface.
Regarding claim 2, Golden teaches a mirror bracket capable of being used with said side body panel that is on said vehicle between a front of said vehicle and a front door of said vehicle, said side body panel and said door have a gap (gap receiving 14) therebetween, and said side lip (10) extends into said gap.
Regarding claim 3, Golden teaches said side lip (15) extends from a side edge of said mirror bracket.
Regarding claim 4, Golden teaches a bottom lip (13) extending from a bottom edge of said mirror bracket and extending orthogonal to said rear surface.
Regarding claim 5, Golden teaches a mirror bracket capable of being used with said side body panel of said vehicle that is above and adjacent to a bottom body panel of said vehicle, to form a border line between said side body panel and said bottom body panel, and said bottom lip (13) aligns with said border line.
Regarding claim 6, Golden teaches said bracket attachment location includes an opening (opening of 10 receiving 11), and a fastener (11) extends through said opening and into said side body panel to secure said mirror bracket to said side body panel.
Regarding claim 7, Golden teaches said arm attachment structure (9, 11, 20) includes a pivoting member (threaded opening of 20) this is coupled to said arm, and said pivoting member pivots said arm relative to said mirror bracket.
Regarding claim 8, Golden teaches said arm attachment structure (9, 11, 20) includes at least one of an opening (9) and a cylindrical member (11), and said arm pivots within said opening or about said cylindrical member, respectively.
Regarding claim 9, Golden teaches said rear surface of said main member (10) is adapted to press towards said side body panel and said side lip is adapted to be in contact with said door jamb of said vehicle [intended use/capable].
Regarding claim 10, Golden teaches said side lip (15) is adapted to face a door jamb of said vehicle [intended use/capable].
Regarding claim 11, Golden teaches a method of attaching a mirror to a vehicle, the method comprising the steps
providing a mirror bracket, wherein the mirror bracket comprises:
a main member (10) that has a front surface and a rear surface;
a side lip (15) orthogonal to said rear surface;
a bracket attachment location (opening of 10 receiving 11) adapted for attaching said main member to said side body panel (G1 see annotated figure below) of said vehicle;
an arm attachment structure (9, 11, 20) for attaching an arm (1) to said mirror bracket, wherein said mirror (2) is attached to said arm;
wherein said arm attachment structure faces said front surface of said main member and said side lip extends away from said rear surface;
placing the rear surface of the main member so it faces said side panel of the vehicle (18); and
securing the mirror bracket to the vehicle via the bracket attachment location.
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Regarding claim 13, Golden teaches a method of attaching a mirror to a vehicle according to claim 11, wherein said side lip extends (15) from a side edge of said mirror bracket.
Regarding claim 14, Golden teaches a bottom lip (13) extending from a bottom edge of said mirror bracket and extending orthogonal to said rear surface.
Regarding claim 16, Golden teaches said bracket attachment location includes an opening (opening of 10 receiving 11), and a fastener (11) extends through said opening and into said side body panel to secure said mirror bracket to said side body panel.
Regarding claim 17, Golden teaches said arm attachment structure (9, 11, 20) includes a pivoting member this is coupled to said arm, and said pivoting member (threaded opening of 20) pivots said arm relative to said mirror bracket.
Regarding claim 18, Golden teaches said arm attachment structure (9, 11, 20) includes at least one of an opening (9) and a cylindrical member (11), and said arm pivots within said opening or about said cylindrical member, respectively.
Regarding claim 19, Golden teaches said rear surface is adapted to press towards said side body panel and said side lip (10) is adapted to be in contact with said door jamb (17) of said vehicle.
Regarding claim 20, Golden teaches said side lip (15) is adapted to face a door jamb (17) of said vehicle.
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 12 and 15 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) or alternatively under 35 U.S.C. 103 as being unpatentable over Golden (U.S. Pat. No. 2411421).
Regarding claim 12, Golden teaches said side body panel (G1)
wherein said side body panel is on said vehicle between a front of said vehicle and a front door (18) of said vehicle, said side body panel and said door have a gap (gap receiving 10) therebetween, said method further comprising the step of inserting said side lip (10) into said gap. Golden suggests the side body panel being is on the vehicle between the front of said vehicle and the front door e.g. side view mirrors attached on side body panel are old and well known in the art to be positioned between the front of the vehicle and front of the door. Assuming arguendo, Golden does not specifically point out the location of the side body panel; the Examiner takes the official noticed that providing the side body panel on the vehicle that is between a front of the vehicle and the front door of the vehicle is old and well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Golden having the side body panel being in between the front of the vehicle and front of the door such that the side body panel and the door have a gap therebetween, wherein said side lip is inserted into said gap. The motivation would have been to provide appropriate view and as well as to provide appropriate grip during the retention.
Regarding claim 15, Golden as modified teaches said side body panel (G1) is above and adjacent to a bottom body panel (G2 see annotated figure above) of said vehicle, to from a border line (vertical reference line of space receiving 14) between said side body panel and said bottom body panel, and said bottom lip aligns with said border line.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631