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 .
Status Of Claims
Claims 1-26, received 8/26/2024, are pending for examination.
If applicant is aware of any relevant prior art, or other co-pending application not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The originally filed disclosure of the prior-filed application, Application No. 17/250066, and provisional 62/675912, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The originally filed disclosures of the prior-filed Application No. 17/250066, and provisional 62/675912, do not appear to provide a description or adequate support for the limitations “actuator-mounting bracket”, “base mounting portion” and “mirror reflective element sub-assembly” found in at least claims 1, 17 and 23 (It is noted that “mirror reflective element sub-assembly” is only found in claim 1.). Additionally, the originally filed disclosures of the prior-filed Application No. 17/250066, and provisional 62/675912, do not appear to provide element numbers, and/or does not appear to show, the elements “mounting post” and “actuator bracket”, found in at least claims 1, 17 and 23. If Applicant disagrees, Applicant is invited to point to which particular figure elements may be considered to be associated with any of the “actuator-mounting bracket”, “base mounting portion”, “mirror reflective element sub-assembly”, “mounting post” or the “actuator bracket”. Accordingly, claims 1-26 are not entitled to the benefit of the prior applications, Application No. 17/250066, and provisional 62/675912. Application No. 17/663228, filed on 11/18/2020, is the earliest priority date given for the instant application since Application No. 17/663228 is interpreted to be the earliest filed application which provides support for inclusion of the language for the elements/limitations “actuator-mounting bracket”, “base mounting portion” and “mirror reflective element sub-assembly” in the originally filed disclosure. It is additionally noted that the inclusion of the language for the elements/limitations “actuator-mounting bracket” (found in the abstract and claims starting in Application No. 17/663228), “base mounting portion” (found in the abstract and claims starting in Application No. 17/663228) and “mirror reflective element sub-assembly” (found in the claims starting in Application No. 17/663228) are only found starting in the original filing of Application No. 17/663228, and therefore Application No. 17/663228 appears to be a continuation-in-part of Application No. 17/250066.
Information Disclosure Statement
The Information Disclosure Statement(s) (IDS) filed on 8/26/2024 was considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “actuator-mounting bracket”, “base mounting portion”, “mirror reflective element sub-assembly”, “mounting post” and the “actuator bracket” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification must provide proper antecedent basis for the claim limitations “actuator-mounting bracket”, “base mounting portion”, and “mirror reflective element sub-assembly”.
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 (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 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 17-18, 23, 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foote et al., U.S. Patent Application Publication Number 2011/0194203 A1, of record (hereafter Foote).
Regarding claim 17, Foote discloses a vehicular exterior rearview mirror assembly (see at least figures 6-9, element 110), the vehicular exterior rearview mirror assembly comprising:
a mounting arm (see at least figures 6-9, element 116) comprising (i) an actuator-mounting bracket (see at least figures 6-9, element 132), (ii) a mounting post (see at least figures 6-9, element 116a) and (iii) a base mounting portion (see at least figures 6-9, element 116);
wherein the base mounting portion of the mounting arm is configured for mounting the vehicular exterior rearview mirror assembly at an exterior portion of a side door of a vehicle equipped with the vehicular exterior rearview mirror assembly (see at least para. [0025]);
a mirror head (see at least figures 6-9, element 114) comprising a mirror reflective element (see at least figures 6-9, element 112) and an actuator bracket (see at least figures 6-9, element 133);
wherein the mirror reflective element comprises a glass substrate having a circumferential perimeter glass edge circumscribing a periphery of the glass substrate, the circumferential perimeter glass edge spanning a thickness dimension of the glass substrate separating a front side of the glass substrate from a rear side of the glass substrate (see at least figures 6-9, element 112, paras. [0035], [0037]-[0038], [0041]-[0042], [0045]);
wherein the mirror head comprises a mirror casing (see at least figures 6-9, elements 114a-114c, 115), and wherein the mirror casing has a portion that circumscribes the circumferential perimeter glass edge of the glass substrate of the mirror reflective element to provide a transition from the front side of the glass substrate of the mirror reflective element to an outer surface of the mirror casing without encroaching onto the front side of the glass substrate of the mirror reflective element (see at least figures 6-9, elements 114a-114c, 115);
an electrically-operated actuator (see at least figures 6-9, elements 122, 124);
wherein the electrically-operated actuator comprises a first attachment element that attaches at the actuator-mounting bracket of the mounting arm (see at least figures 6-9, element 121) and a second attachment element that attaches at the actuator bracket of the mirror head (see at least figures 6-9, element 120);
wherein the electrically-operated actuator comprises first and second electrically- operated motors (see at least figures 6-9, elements 126a, 134a);
wherein the electrically-operated actuator is attached at the mounting arm inside the mirror head (see at least elements 118, 116a, paras. [0025]-[0027] of Foote);
wherein the electrically-operated actuator comprises an actuator housing that houses the first and second electrically-operated motors, and wherein, when the first electrically-operated motor is electrically operated, the second attachment element and the actuator bracket move relative to the actuator housing (see at least figures 6-9, elements 132, 133, paras. [0027]-[0032] of Foote);
wherein, when the first electrically-operated motor is electrically operated, the electrically-operated actuator causes pivoting of the second attachment element and the actuator bracket to adjust the mirror head relative to the mounting arm about a first pivot axis (see at least paras [0027]-[0032]);
wherein, when the second electrically-operated motor is electrically operated, the electrically-operated actuator causes adjustment of the actuator bracket and the mirror head relative to the mounting arm about a second pivot axis (see at least paras [0027]-[0032]);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the equipped vehicle, electrical operation of the first and second electrically-operated motors of the electrically-operated actuator moves the actuator bracket and the mirror head to adjust a rearward view provided by the mirror reflective element of the mirror head to a driver of the equipped vehicle viewing the mirror reflective element (see at least paras [0027]-[0032]);
wherein the mirror reflective element moves in tandem with movement of the actuator bracket and the mirror head when the electrical operation of the electrically- operated actuator moves the mirror head to adjust the rearward view provided by the mirror reflective element of the mirror head to the driver of the equipped vehicle viewing the mirror reflective element (see at least paras [0027]-[0032]); and
wherein the mounting post of the mounting arm passes through an opening of the mirror head, the opening providing clearance between the mirror head and the mounting arm to allow movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the side of the equipped vehicle (see at least elements 115, 114b, 116a, paras. [0025]-[0032]).
Regarding claim 18, Foote discloses the limitations of claim 17, and wherein the actuator housing and the actuator bracket cooperate to limit pivotal movement of the actuator bracket about the first pivot axis (see at least figures 6-9, element 132 of Foote wherein element 132 may only pivot as far as allowed by the housing and teeth 121c).
Regarding claim 23, Foote discloses a vehicular exterior rearview mirror assembly (see at least figures 6-9, element 110), the vehicular exterior rearview mirror assembly comprising:
a mounting arm (see at least figures 6-9, element 116) comprising (i) an actuator-mounting bracket (see at least figures 6-9, element 132), (ii) a mounting post (see at least figures 6-9, element 116a) and (iii) a base mounting portion (see at least figures 6-9, element 116);
wherein the base mounting portion of the mounting arm is configured for mounting the vehicular exterior rearview mirror assembly at a side of a vehicle equipped with the vehicular exterior rearview mirror assembly (see at least para. [0025]);
a mirror head (see at least figures 6-9, element 114) comprising a mirror reflective element (see at least figures 6-9, element 112) and an actuator bracket (see at least figures 6-9, element 133);
wherein the mirror reflective element comprises a glass substrate having a circumferential perimeter glass edge circumscribing a periphery of the glass substrate, the circumferential perimeter glass edge spanning a thickness dimension of the glass substrate separating a front side of the glass substrate from a rear side of the glass substrate (see at least figures 6-9, element 112, paras. [0035], [0037]-[0038], [0041]-[0042], [0045]);
wherein the mirror head comprises a mirror casing (see at least figures 6-9, elements 114a-114c, 115), and wherein the mirror casing has a portion that circumscribes the circumferential perimeter glass edge of the glass substrate of the mirror reflective element to provide a transition from the front side of the glass substrate of the mirror reflective element to an outer surface of the mirror casing without encroaching onto the front side of the glass substrate of the mirror reflective element (see at least figures 6-9, elements 114a-114c, 115);
an electrically-operated actuator (see at least figures 6-9, elements 122, 124);
wherein the electrically-operated actuator comprises a first attachment element that attaches at the actuator-mounting bracket of the mounting arm (see at least figures 6-9, element 121) and a second attachment element that attaches at the actuator bracket of the mirror head (see at least figures 6-9, element 120);
wherein the electrically-operated actuator comprises first and second electrically- operated motors (see at least figures 6-9, elements 126a, 134a);
wherein, when the first electrically-operated motor is electrically operated, the electrically-operated actuator causes adjustment of the actuator bracket and the mirror head relative to the mounting arm about a first pivot axis (see at least paras [0027]-[0032]);
wherein, when the second electrically-operated motor is electrically operated, the electrically-operated actuator causes adjustment of the actuator bracket and the mirror head relative to the mounting arm about a second pivot axis (see at least paras [0027]-[0032]);
wherein the first attachment element comprises a partially spherical protrusion and the electrically-operated actuator has a partially spherical receiver that receives the partially spherical protrusion therein to allow for pivotal movement of the electrically- operated actuator about the second pivot axis relative to the first attachment element (see at least figures 6-9, elements 121a, 121b, 121c, 132a, 128b, paras. [0027]-[0032] of Foote);
wherein the second attachment element comprises a shaft portion that is received at an aperture of the first attachment element (see at least figures 6-9, element 120a, para. [0028] of Foote);
wherein, with the vehicular exterior rearview mirror assembly mounted at the side of the equipped vehicle, electrical operation of the first and second electrically-operated motors of the electrically-operated actuator moves the actuator bracket and the mirror head to adjust a rearward view provided by the mirror reflective element of the mirror head to a driver of the equipped vehicle viewing the mirror reflective element (see at least paras [0027]-[0032]);
wherein the mirror reflective element moves in tandem with movement of the actuator bracket and the mirror head when the electrical operation of the electrically- operated actuator moves the mirror head to adjust the rearward view provided by the mirror reflective element of the mirror head to the driver of the equipped vehicle viewing the mirror reflective element (see at least paras [0027]-[0032]); and
wherein the mounting post of the mounting arm passes through an opening of the mirror head, the opening providing clearance between the mirror head and the mounting arm to allow movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the side of the equipped vehicle (see at least elements 115, 114b, 116a, paras. [0025]-[0032]).
Regarding claim 25, Foote discloses the limitations of claim 23, and wherein, when the first electrically-operated motor is electrically operated, the electrically-operated actuator causes pivoting of the second attachment element and the actuator bracket to adjust the mirror head relative to the mounting arm about the first pivot axis (see at least figures 6-9, elements 120, 133, paras. [0027]-[0032] of Foote).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-7, 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Foote et al., U.S. Patent Application Publication Number 2011/0194203 A1, of record (hereafter Foote) in view of Uken et al., U.S. Patent Number 7,289,037 B2, of record (hereafter Uken).
Regarding claim 1, Foote discloses a vehicular exterior rearview mirror assembly (see at least figures 6-9, element 110), the vehicular exterior rearview mirror assembly comprising:
a mounting arm (see at least figures 6-9, element 116) comprising (i) an actuator-mounting bracket (see at least figures 6-9, element 132), (ii) a mounting post (see at least figures 6-9, element 116a) and (iii) a base mounting portion (see at least figures 6-9, element 116);
wherein the base mounting portion of the mounting arm is configured for mounting the vehicular exterior rearview mirror assembly at an exterior portion of a side door of a vehicle equipped with the vehicular exterior rearview mirror assembly (see at least para. [0025]);
a mirror head (see at least figures 6-9, element 114) comprising a mirror reflective element sub-assembly (see at least figures 6-9, element 112) and an actuator bracket (see at least figures 6-9, element 133);
wherein the mirror reflective element sub-assembly comprises a mirror reflective element (see at least figures 6-9, element 112);
wherein the mirror reflective element comprises a glass substrate having a circumferential perimeter glass edge circumscribing a periphery of the glass substrate, the circumferential perimeter glass edge spanning a thickness dimension of the glass substrate separating a planar front side of the glass substrate from a planar rear side of the glass substrate (see at least figures 6-9, element 112, paras. [0035], [0037]-[0038], [0041]-[0042], [0045]);
wherein the mirror head comprises a mirror casing (see at least figures 6-9, elements 114a-114c, 115), and wherein the mirror casing has a portion that circumscribes the circumferential perimeter glass edge of the glass substrate of the mirror reflective element to provide a transition from the planar front side of the glass substrate of the mirror reflective element to an outer surface of the mirror casing without encroaching onto the planar front side of the glass substrate of the mirror reflective element (see at least figures 6-9, elements 114a-114c, 115);
an electrically-operated actuator (see at least figures 6-9, elements 122, 124);
wherein the electrically-operated actuator comprises a first attachment element that attaches at the actuator-mounting bracket of the mounting arm (see at least figures 6-9, element 121) and a second attachment element that attaches at the actuator bracket of the mirror head (see at least figures 6-9, element 120);
wherein the electrically-operated actuator comprises first and second electrically- operated motors (see at least figures 6-9, elements 126a, 134a);
wherein, when the first electrically-operated motor is electrically operated, the electrically-operated actuator causes adjustment of the actuator bracket and the mirror head relative to the mounting arm about a first pivot axis (see at least paras [0027]-[0032]);
wherein, when the second electrically-operated motor is electrically operated, the electrically-operated actuator causes adjustment of the actuator bracket and the mirror head relative to the mounting arm about a second pivot axis (see at least paras [0027]-[0032]);
wherein, with the vehicular exterior rearview mirror assembly mounted at the exterior portion of the side door of the equipped vehicle, electrical operation of the first and second electrically-operated motors of the electrically-operated actuator moves the actuator bracket and the mirror head to adjust a rearward view provided by the mirror reflective element of the mirror head to a driver of the equipped vehicle viewing the mirror reflective element (see at least paras [0027]-[0032]);
wherein the mirror reflective element sub-assembly moves in tandem with movement of the actuator bracket and the mirror head when the electrical operation of the electrically-operated actuator moves the mirror head to adjust the rearward view provided by the mirror reflective element of the mirror head to the driver of the equipped vehicle viewing the mirror reflective element (see at least paras [0027]-[0032]); and
wherein the mounting post of the mounting arm passes through an opening of the mirror head, the opening providing clearance between the mirror head and the mounting arm to allow movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the exterior portion of the side door of the equipped vehicle (see at least elements 115, 114b, 116a, paras. [0025]-[0032]).
Foote does not specifically disclose that the mirror casing is formed of a polymeric material.
However, Uken teaches a vehicular rearview mirror assembly wherein the mirror casing may be formed of a polymeric material (see at least element 16, col. 9, line 49 through col. 10, line 8).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Foote to include the teachings of Uken so that the mirror casing is formed of a polymeric material, for the purpose of using a known material in the rearview mirror art to achieve desired physical characteristics.
Additionally, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to form the mirror casing from a polymeric material, since it has been held to be within the ordinary skill of workers in the art to select a known material on the basis of its suitability for the intended use. One would have been motivated to form the mirror casing from a polymeric material, for the purpose of using a known material to achieve desired weight, strength and cost characteristics. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Regarding claim 2, Foote in view of Uken discloses the limitations of claim 1, and wherein the first attachment element comprises a partially spherical protrusion and the electrically-operated actuator has a partially spherical receiver that receives the partially spherical protrusion therein to allow for pivotal movement of the electrically-operated actuator about the second pivot axis relative to the first attachment element (see at least figures 6-9, elements 121a, 121b, 121c, 132a, 128b, paras. [0027]-[0032] of Foote).
Regarding claim 3, Foote in view of Uken discloses the limitations of claim 1, and wherein the second attachment element comprises a shaft portion that is received at an aperture of the first attachment element (see at least figures 6-9, element 120a, para. [0028] of Foote).
Regarding claim 5, Foote in view of Uken discloses the limitations of claim 1, and wherein, when the first electrically-operated motor is electrically operated, the electrically-operated actuator causes pivoting of the second attachment element and the actuator bracket to adjust the mirror head relative to the mounting arm about the first pivot axis (see at least figures 6-9, elements 120, 133, paras. [0027]-[0032] of Foote).
Regarding claim 6, Foote in view of Uken discloses the limitations of claim 5, and wherein the electrically-operated actuator comprises an actuator housing that houses the first and second electrically-operated motors, and wherein, when the first electrically-operated motor is electrically operated, the second attachment element and the actuator bracket move relative to the actuator housing (see at least figures 6-9, elements 132, 133, paras. [0027]-[0032] of Foote).
Regarding claim 7, Foote in view of Uken discloses the limitations of claim 6, and wherein the actuator housing and the actuator bracket cooperate to limit pivotal movement of the actuator bracket about the first pivot axis (see at least figures 6-9, element 132 of Foote wherein element 132 may only pivot as far as allowed by the housing and teeth 121c).
Regarding claim 11, Foote in view of Uken discloses the limitations of claim 1, and wherein the first and second electrically-operated motors are oriented so that their respective output shafts are parallel to one another (see at least elements 126b and 134b of Foote).
Regarding claim 12, Foote in view of Uken discloses the limitations of claim 1, and wherein the electrically-operated actuator is attached at the mounting arm inside the mirror head (see at least elements 118, 116a, paras. [0025]-[0027] of Foote).
Regarding claim 13, Foote in view of Uken discloses the limitations of claim 1, and wherein the first pivot axis is vertically oriented with the vehicular exterior rearview mirror assembly mounted at the exterior portion of the side door of the equipped vehicle and with the mirror head in a nominal orientation (see at least para. [0027] of Foote).
Regarding claim 14, Foote in view of Uken discloses the limitations of claim 1, and wherein the second pivot axis is horizontally oriented with the vehicular exterior rearview mirror assembly mounted at the exterior portion of the side door of the equipped vehicle (see at least para. [0027] of Foote).
Regarding claim 15, Foote in view of Uken discloses the limitations of claim 14, and wherein the second pivot axis extends laterally across the equipped vehicle (see at least figures 6-9, para. [0027] of Foote).
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Foote et al., U.S. Patent Application Publication Number 2011/0194203 A1, of record (hereafter Foote) in view of Uken et al., U.S. Patent Number 7,289,037 B2, of record (hereafter Uken) as applied to claim 1 above, and further in view of Foote et al., U.S. Patent Application Publication Number 2015/0224930 A1, of record (hereafter Foote’930).
Regarding claim 4, Foote in view of Uken does not specifically disclose a stop element of the first attachment element engages an outer surface of the shaft portion to limit pivotal movement of the second attachment element about the second pivot axis relative to the first attachment element when the second electrically-operated motor is electrically operated.
However, Foote’930 teaches a similar exterior rearview mirror assembly including travel stops to limit rotation about adjustment axes (see at least para. [0039] of Foote’930).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Foote in view of Uken to include the teachings of Foote’930 so that the mirror assembly includes a stop element of the first attachment element engages an outer surface of the shaft portion to limit pivotal movement of the second attachment element about the second pivot axis relative to the first attachment element when the second electrically-operated motor is electrically operated, for the purpose of utilizing a known type of stop element to limit rotation to a desired amount around pivot axes.
Regarding claim 16, Foote in view of Uken does not specifically disclose a seal is disposed at the opening of the mirror head to limit intrusion of water and contaminants into the mirror head, wherein the seal comprises a flexible material that allows movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the exterior portion of the side door of the equipped vehicle.
However, Foote’930 teaches a similar exterior rearview mirror assembly which is rotatable and includes at least one gasket seal disposed at an opening to limit water intrusion while allowing movement of the mirror head (see at least elements 214a, 228, 328, paras. [0029], [0036], [0040], [0042] of Foote’930).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Foote in view of Uken to include the teachings of Foote’930 so that the mirror assembly includes a seal is disposed at the opening of the mirror head to limit intrusion of water and contaminants into the mirror head, wherein the seal comprises a flexible material that allows movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the exterior portion of the side door of the equipped vehicle, for the purpose of utilizing a known type of gasket element to allow rotation while preventing water and contaminants from entering the mirror head.
Claims 22, 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Foote et al., U.S. Patent Application Publication Number 2011/0194203 A1, of record (hereafter Foote) in view of Foote et al., U.S. Patent Application Publication Number 2015/0224930 A1, of record (hereafter Foote’930).
Regarding claims 22 and 26, Foote does not specifically disclose a seal is disposed at the opening of the mirror head to limit intrusion of water and contaminants into the mirror head, wherein the seal comprises a flexible material that allows movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the exterior portion of the side door of the equipped vehicle.
However, Foote’930 teaches a similar exterior rearview mirror assembly which is rotatable and includes at least one gasket seal disposed at an opening to limit water intrusion while allowing movement of the mirror head (see at least elements 214a, 228, 328, paras. [0029], [0036], [0040], [0042] of Foote’930).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Foote to include the teachings of Foote’930 so that the mirror assembly includes a seal is disposed at the opening of the mirror head to limit intrusion of water and contaminants into the mirror head, wherein the seal comprises a flexible material that allows movement of the mirror head relative to the mounting arm during the electrical operation of the electrically-operated actuator when the base mounting portion of the vehicular exterior rearview mirror assembly is mounted at the exterior portion of the side door of the equipped vehicle, for the purpose of utilizing a known type of gasket element to allow rotation while preventing water and contaminants from entering the mirror head.
Regarding claim 24, Foote does not specifically disclose a stop element of the first attachment element engages an outer surface of the shaft portion to limit pivotal movement of the second attachment element about the second pivot axis relative to the first attachment element when the second electrically-operated motor is electrically operated.
However, Foote’930 teaches a similar exterior rearview mirror assembly including travel stops to limit rotation about adjustment axes (see at least para. [0039] of Foote’930).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the vehicular exterior rearview mirror assembly of Foote to include the teachings of Foote’930 so that the mirror assembly includes a stop element of the first attachment element engages an outer surface of the shaft portion to limit pivotal movement of the second attachment element about the second pivot axis relative to the first attachment element when the second electrically-operated motor is electrically operated, for the purpose of utilizing a known type of stop element to limit rotation to a desired amount around pivot axes.
Other Related Art
This prior art, already of record, but not relied upon is considered pertinent to applicant's disclosure since the following references have similar structure and/or use similar optical elements to what is claimed and/or disclosed in the instant application:
Esser, US 11,623,568 B2, claims a very similar vehicular exterior rearview mirror assembly (claims 1, 4, 22); and
Esser, US 12,071,074 B2, claims a very similar vehicular exterior rearview mirror assembly (claims 1, 4-6, 16, 19).
Allowable Subject Matter
Claims 8-10 and 19-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 8, as best understood, is objected to as being dependent upon a rejected base claim, but would be allowable over the cited art of record, if rewritten in independent form including all of the limitations of the base claim and any intervening claims, for at least the reason that the prior art and cited art of record fails to teach or reasonably suggest a vehicular exterior rearview mirror assembly, wherein the actuator bracket includes stop flanges that engage the actuator housing to limit pivotal movement of the actuator bracket relative to the actuator housing about the first pivot axis when the first electrically-operated motor is electrically operated, as generally set forth in claim 8, the device including the totality of the particular limitations recited in claims 1, 5, 6 and 7 from which claim 8 depends.
Claims 9-10 depend from claim 8 and therefore are objected to for at least the same reasons as claim 8.
Claim 19, as best understood, is objected to as being dependent upon a rejected base claim, but would be allowable over the cited art of record, if rewritten in independent form including all of the limitations of the base claim and any intervening claims, for at least the reason that the prior art and cited art of record fails to teach or reasonably suggest a vehicular exterior rearview mirror assembly, wherein the actuator bracket includes stop flanges that engage the actuator housing to limit pivotal movement of the actuator bracket relative to the actuator housing about the first pivot axis when the first electrically-operated motor is electrically operated, as generally set forth in claim 19, the device including the totality of the particular limitations recited in claims 17 and 18 from which claim 19 depends.
Claims 20-21 depend from claim 19 and therefore are objected to for at least the same reasons as claim 19.
Conclusion
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/Derek S. Chapel/Primary Examiner, Art Unit 2872 6/26/2026
Derek S. CHAPEL
Primary Examiner
Art Unit 2872
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