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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) of U.S. Patent No. 12043179. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and thus is anticipated by the patent. For example, note the following relationship between the instant application claim 1 and patented claim 1 (examiner note: similarities to the patented claims have been underlined.)
Instant Application
Patent 12043179
Claim 1: A vehicular interior rearview mirror assembly, the vehicular interior rearview mirror assembly comprising:
a mirror head adjustable relative to a mounting base, the mounting base configured to mount the vehicular interior rearview mirror assembly at an interior portion of a vehicle;
wherein the mirror head comprises a mirror reflective element; wherein the mirror reflective element comprises a glass substrate, and wherein the glass substrate has a first side and a second side opposite the first side and spaced from the first side by a thickness of the glass substrate, and wherein a mirror reflector is disposed at the second side of the glass substrate, and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the vehicle, the first side of the glass substrate is closer to a driver of the vehicle than the second side of the glass substrate;
a driver monitoring camera accommodated by the mirror head, wherein the driver monitoring camera moves in tandem with the mirror head when, with the vehicular interior rearview mirror assembly mounted at the interior portion of the vehicle, the mirror head is adjusted relative to the mounting base to adjust a rearward view of the driver viewing the mirror reflective element;
wherein the driver monitoring camera comprises an imager and a lens;
wherein the driver monitoring camera views through a camera-region of the glass substrate of the mirror reflective element;
wherein, the second side of the glass substrate is not parallel to the first side of the glass substrate at least at the camera-region of the glass substrate;
a refraction-compensating element disposed between the lens of the driver monitoring camera and the camera-region of the glass substrate of the mirror reflective element;
wherein the refraction-compensating element has a first side and a second side opposite the first side and spaced from the first side by a thickness of the refraction- compensating element, and wherein the second side of the refraction-compensating element is not parallel to the first side of the refraction-compensating element;
and wherein the refraction-compensating element offsets refraction of light that passes through the camera-region of the glass substrate of the mirror reflective element.
Claim 1: A vehicular interior rearview mirror assembly, the vehicular interior rearview mirror assembly comprising:
a mirror head adjustable relative to a mounting base, the mounting base configured to attach at an interior portion of a vehicle equipped with the vehicular interior rearview mirror assembly;
wherein the mirror head comprises a prismatic mirror reflective element; wherein the prismatic mirror reflective element comprises a wedge-shaped, reflector-coated glass substrate;
a driver monitoring camera accommodated by the mirror head, wherein the driver monitoring camera moves in tandem with the mirror head when, with the mounting base attached at the interior portion of the vehicle, the mirror head is adjusted relative to the mounting base to adjust a rearward view of a driver viewing the prismatic mirror reflective element;
wherein the driver monitoring camera comprises an imager and a lens;
wherein the driver monitoring camera views through the prismatic mirror reflective element;
a refraction-compensating element disposed between the lens of the driver monitoring camera and the prismatic mirror reflective element;
wherein the refraction-compensating element comprises a wedge-shaped element;
and wherein the refraction-compensating element offsets refraction of light that passes through the wedge-shaped, reflector coated glass substrate of the prismatic mirror reflective element.
Claim 1 of the instant application, directly corresponds to that of claim 1 of patent 12043179.The pending application in the claims contains the following limitations (which have not been underlined in the abovementioned analysis) which continue to be anticipated on by the patent 12043179 and are further elaborated on below for clarity:
As to “and wherein the glass substrate has a first side and a second side opposite the first side and spaced from the first side by a thickness of the glass substrate, and wherein a mirror reflector is disposed at the second side of the glass substrate” Patent 12043179 teaches in claim 1 a wedge-shaped, reflector-coated glass substrate, examiner holds that a wedge shape glass substrate inherently has: a first side and a second side opposite the first side and spaced from the first side by a thickness of the glass substrate. Since the wedge-shaped glass substrate is reflector-coated it also meets the following limitation “wherein a mirror reflector is disposed at the second side of the glass substrate.”
As to “and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the vehicle, the first side of the glass substrate is closer to a driver of the vehicle than the second side of the glass substrate” Patent 12043179 teaches in claim 1 a vehicular interior rearview mirror assembly with a wedge-shaped glass substrate and a driver monitoring camera (implies a driver), examiner holds that any three dimensional object, in this case a wedge-shaped glass substrate, will inherently have a side that is closer to another object (e.g., driver) than its other sides.
As to “and wherein, the second side of the glass substrate is not parallel to the first side of the glass substrate at least at the camera-region of the glass substrate” and “wherein the refraction-compensating element has a first side and a second side opposite the first side and spaced from the first side by a thickness of the refraction- compensating element, and wherein the second side of the refraction-compensating element is not parallel to the first side of the refraction-compensating element.” Patent 12043179 teaches in claim 1 wherein the driver monitoring camera views through the prismatic mirror reflective element; a refraction-compensating element disposed between the lens of the driver monitoring camera and the prismatic mirror reflective element; wherein the refraction-compensating element comprises a wedge-shaped element; and wherein the refraction-compensating element offsets refraction of light that passes through the wedge-shaped, reflector coated glass substrate of the prismatic mirror reflective element. Examiner holds that a wedge-shape inherently has a second side that is not parallel to a first side. Using a similar analysis as above claims 2-32 of the instant application can be found to recite similar subject matter to claims 2-30 respectively of patent 12043179.
Instant Application
Patent 12043179
Claims 2, 14, 24
Claim 2
Claim 3, 15, 25
Claim 3
Claim 4, 16, 26
Claim 4
Claim 5, 17, 27
Claim 5
Claim 6, 18, 28
Claim 6
Claim 7, 29
Claim 7
Claim 8, 19, 30
Claim 8
Claim 9, 20, 31
Claim 9
Claim 10, 32
Claim 10
Claim 11, 21
Claim 11
Claim 12, 22
Claim 12
Claim 13
Claims 7 and 10
Claim 23
Claims 11 and 12
Thus, claims 2-32 of the instant application are respectively anticipated by claims 2-30 of patent 12043179.
Therefore, instant application 18779237 and Patent 12043179 are not patentably distinct from each other because they recite similar subject matter which is obvious over one another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lynam (US 20200320320) – (¶0012) The driver monitoring camera 14 captures image data representative of the driver's head. The interior cabin-viewing camera may be disposed at any suitable location in interior cabin of the vehicle, such as at a dashboard or instrument panel of the vehicle or within the movable head of an interior rearview mirror
De Wind et al. (US 20200269760) – (¶0096) an interior rearview mirror assembly 910 for a vehicle includes a casing 912, a reflective element 914 (such as a prismatic reflecting element comprising a prismatic or wedge-shaped substrate with a mirror reflector coating or layer disposed at its rear surface) positioned at a front portion of the casing 912
Tonar et al. (US 20130170013) - (¶0117) image sensor within a rearview mirror; (¶0119) a photo sensor 396, may be incorporated within the rearview mirror assembly such that they are positioned behind the mirror element with respect to the viewer; (¶0160) a typical mirror system of an inside rearview assembly contains an eye-hole (such as the elements 497 and 515 of FIGS. 4 and 5) behind which corresponding sensors (such as the sensor 396 of FIG. 3) may be positioned.
Peterson et al. (US 20090243824) – (¶0004) an interior rearview mirror assembly and (a) a video display for displaying video images in response to an output of a rearward facing camera
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK J JOHNSON whose telephone number is (571)272-9629. The examiner can normally be reached 9:00AM-5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian T. Pendleton can be reached on 571-272-7527. The fax phone
number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Frank Johnson/Primary Examiner, Art Unit 2425