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 .
Claim Objections
Claims 16 and 18 are objected to because of the following informalities:
In line 1 of claim 14, it is believed the word --to-- is missing after “affixed”.
In line 6 of claim 16, it is believed “coupling” should be changed to --couple--.
In line 6 of claim 16, it is believed the word “of” should be removed.
In line 1 of claim 18, it is believed “a joining plate” should be changed to --the joining plate--.
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.
Claim 16 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation "the joining plate" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-19 of U.S. Patent No. 12,115,842. Claims 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-14 and 20 of U.S. Patent No. 11, 577,584. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons provided in the table below.
US App. 18/915,150
US Pat 12,115,842
US Pat 11,577,584
Claim 1: A method for installing a sun visor mount comprising: engaging a first side of a sun visor into a J hook portion of a mounting plate; inserting a second side of the sun visor into a securing plate; and extending a joining plate to a satisfactory position.
Claim 1: A method for installing a sun visor mount comprising: engaging a first side of a sun visor into a J hook portion of a mounting plate; inserting a second side of the sun visor into a securing plate; extending a joining plate to a satisfactory position; and causing an extension plate to engage with a fixed structure for the stability of the mounting plate.
Claim 2: The method of claim 1, wherein the inserting step further comprises sliding the securing plate towards the J hook portion of the mounting plate.
Claim 2: The method of claim 1, wherein the inserting step further comprises sliding the securing plate towards the J hook portion of the mounting plate.
Claim 3: The method of claim 1, wherein an extension plate engages with a fixed structure for stability of the mounting plate and the satisfactory position allows the extension plate to engage the fixed structure.
Claim 3: The method of claim 1, wherein the satisfactory position allows the extension plate to engage the fixed structure.
Claim 4: The method of claim 1, further comprises attaching a secondary mounting plate to the J hook portion of the mounting plate.
Claim 4: The method of claim 1, further comprises attaching a secondary mounting plate to the J hook portion of the mounting plate.
Claim 5: The method of claim 1, further comprises mounting a camera bracket to the mounting plate.
Claim 5: The method of claim 1, further comprises mounting a camera bracket to the mounting plate.
Claim 6: The method of claim 5, further comprises affixing a camera to the camera bracket.
Claim 6: The method of claim 5, further comprises affixing a camera to the camera bracket.
Claim 7: The method of claim 1, further comprises coupling a viewing screen to the mounting plate.
Claim 7: The method of claim 1, further comprises coupling a viewing screen to the mounting plate.
Claim 8: The method of claim 1, further comprises coupling a G.P.S. unit to the mounting plate.
Claim 8: The method of claim 1, further comprises coupling a G.P.S. unit to the mounting plate.
Claim 9: The method of claim 4, further comprises coupling a viewing screen to the secondary mounting plate.
Claim 9: The method of claim 4, further comprises coupling a viewing screen to the secondary mounting plate.
Claim 10: The method of claim 4, further comprises coupling a G.P.S. unit to the secondary mounting plate.
Claim 10: The method of claim 4, further comprises coupling a G.P.S. unit to the secondary mounting plate.
Claim 11: A sun visor mounting apparatus comprising: a mounting plate; a camera bracket or camera capable of being mounted to the mounting plate a securing plate coupled to the mounting plate, the securing plate allowing for engagement of a sun visor between the mounting plate and the securing plate; a joining plate coupled to the mounting plate; and wherein at least one removable fastener is utilized for coupling each of said plates.
Claim 11: A sun visor mounting apparatus comprising: a mounting plate; a secondary mounting plate configured to couple with the mounting plate: a camera bracket or camera capable of being mounted to the mounting plate, a securing plate coupled to the mounting plate, the securing plate allowing for engagement of a sun visor between the mounting plate and the securing plate; a joining plate coupled to the mounting plate; and an extension plate coupled to the joining plate; wherein at least one removable fastener is utilized for coupling each of said plates.
Claim 12: The sun visor mounting apparatus of claim 11, further comprises a secondary mounting plate configured to couple with the mounting plate.
Claim 13: The sun visor mounting apparatus of claim 11, wherein an extension plate is coupled to the joining plate, and the extension plate has a first end and a second end.
Claim 13: The sun visor mounting apparatus of claim 11, wherein the extension plate has a first end and a second end.
Claim 14: The sun visor mounting apparatus of claim 13, wherein affixed the second end. of the extension plate is a vibration reduction pad.
Claim 14: The sun visor mounting apparatus of claim 13, wherein affixed to the second end of the extension plate is a vibration reduction pad.
Claim 15: The sun visor mounting apparatus of claim 11, wherein said plates each have at least one aperture for receiving one or more of the at least one fastener.
Claim 15: The sun visor mounting apparatus of claim 11, wherein said plates each have at least one aperture for receiving one or more of the at least one fasteners.
Claim 16: A sun visor mounting system comprising: a mounting plate with a hooked end for receiving a first side of a sun visor; a securing plate configured for receiving a second side of the sun visor and being coupled to the mounting plate; an extension plate coupled to a second side of a joining plate; wherein at least one removable fastener is utilized to coupling of said plates.
Claim 16: A sun visor mounting system comprising: a mounting plate with a hooked end for receiving a first side of a sun visor; a secondary mounting plate configured to be coupled to the hooked end of the mounting plate: a securing plate configured for receiving a second side of the sun visor and being coupled to the mounting plate; a joining plate with a first side for coupling to the mounting plate; an extension plate coupled to a second side of the joining plate; wherein at least one removable fastener is utilized to coupling said plates.
Claim 11: A sun visor mounting system comprising: a mounting plate with a J hooked end for receiving a first side of a sun visor; a securing plate configured in a U shape for receiving a second side of the sun visor and being coupled to the mounting plate; a joining plate generally configured in an obtuse V shape with a first side coupling to the mounting plate; an extension plate coupled to a second side of the joining plate, the extension plate having a first side of a length generally equal to the second side of the joining plate, and a second side at a fixed angle and length configured to create stability against a fixed structure; wherein at least one removable fastener is utilized for coupling of said plates.
Claim 17: The sun visor mount system of claim 16, wherein the securing plate is slidable in relation to the hooked end of the mounting plate.
Claim 17: The sun visor mount system of claim 16, wherein the securing plate is slidable in relation to the hooked end of the mounting plate.
Claim 12: The sun visor mount system of claim 11, wherein the securing plate is slidable in relation to the J hooked end of the mounting plate.
Claim 18: The sun visor mount system of claim 16, further comprising a joining plate with a first side for coupling to the mounting plate; and wherein the joining plate is slidable in relation to the mounting plate.
Claim 18: The sun visor mount system of claim 16, wherein the joining plate is slidable in relation to the mounting plate.
Claim 13: The sun visor mount system of claim 11, wherein the joining plate is slidable in relation to the mounting plate.
Claim 19: The sun visor mount system of claim 16, wherein the extension plate is slidable in relation to the joining plate.
Claim 19: The sun visor mount system of claim 16, wherein the extension plate is slidable in relation to the joining plate.
Claim 14: The sun visor mount system of claim 11, wherein the extension plate is slidable in relation to the joining plate.
Claim 20: The sun visor mount system of claim 16, further comprising a secondary mounting plate configured to be coupled to the hooked end of the mounting plate.
See claim 16 above
Claim 20: The sun visor mount system of claim 11, further comprising a secondary mounting plate configured to be coupled to the J hooked end of the mounting plate.
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 1-2, 4, 7, 9, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schierau (US Pat 5,356,192).
Regarding claim 1, Schierau discloses a method for installing a sun visor mount comprising: engaging a first side of a sun visor 12 into a J hook portion 33 of a mounting plate 14 (see Figures 1-3; Col. 2, lines 51-62; Col. 3, lines 42-48); inserting a second side of the sun visor 12 into a securing plate 13 (see Figures 1-3; Col. 2, lines 63-67); and extending a joining plate 35 to a satisfactory position (see Figures 1-3; Col. 3, lines 55-67).
Regarding claim 2, Schierau discloses the method of claim 1, wherein the inserting step further comprises sliding the securing plate 13 towards the J hook portion 33 of the mounting plate 14 (see Figures 1-3; Col. 3, lines 42-48).
Regarding claim 4, Schierau discloses the method of claim 1, further comprises attaching a secondary mounting plate 48 to the J hook portion 33 of the mounting plate 14 (see Figures 1-2; Col. 3, lines 43-63; Col. 4, lines 15-22). The secondary mounting plate 48 is attached to the J hook portion 33 of the mounting plate 14 by way of the joining plate 35 (see Col. 4, lines 15-22).
Regarding claim 7, Schierau discloses the method of claim 1, further comprises coupling a viewing screen 61 to the mounting plate 14 (see Figure 1; Col. 4, lines 39-55). The viewing screen 61 enables a user to more clearly view the road by screening out glaring light (see Col. 1, lines 54-60).
Regarding claim 9, Schierau discloses the method of claim 4, further comprises coupling a viewing screen 61 to the secondary mounting plate 48 (see Figure 1; Col. 4, lines 39-55). The viewing screen 61 enables a user to more clearly view the road by screening out glaring light (see Col. 1, lines 54-60).
Regarding claim 16, Schierau discloses a sun visor mounting system comprising: a mounting plate 14 with a hooked end 33 for receiving a first side of a sun visor 12 (see Figures 1-3; Col. 3, lines 11-54); a securing plate 13 configured for receiving a second side of the sun visor 12 and being coupled to the mounting plate 14 (see Figures 1-3; Col. 2, line 63-Col. 3, line 10); an extension plate 61 coupled to a second side of a joining plate 48 (see Figures 1-2; Col. 4, lines 39-55); wherein at least one removable fastener 50 is utilized to couple said plates (see Figure 2; Col. 4, lines 15-19).
Regarding claim 17, Schierau discloses the sun visor mount system of claim 16, wherein the securing plate 13 is slidable in relation to the hooked end 33 of the mounting plate 14 (see Figures 1-3; Col. 3, lines 11-54).
Regarding claim 18, Schierau discloses the sun visor mount system of claim 16, further comprising the joining plate 48 with a first side 49 for coupling to the mounting plate 14; and wherein the joining plate 48 is slidable in relation to the mounting plate 14 (see Figures 1-3; Col. 4, lines 15-38).
Regarding claim 19, Schierau discloses the sun visor mount system of claim 16, wherein the extension plate 61 is slidable in relation to the joining plate 48 (see Figure 1; Col. 4, lines 39-55).
Regarding claim 20, Schierau discloses the sun visor mount system of claim 16, further comprising a secondary mounting plate 35 configured to be coupled to the hooked end 33 of the mounting plate 14 (see Figures 1-3; Col. 3, lines 55-63).
Claims 1, 3, 5-6, 11-16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida (JPH08282393). NOTE: References to paragraphs are taken from Examiner provided translation.
Regarding claim 1, Yoshida discloses a method for installing a sun visor mount comprising: engaging a first side of a sun visor S into a J hook portion 11 of a mounting plate 1 (see Figure 1; Paragraphs 9 and 17); inserting a second side of the sun visor S into a securing plate 13 (see Figure 1; Paragraphs 9 and 17); and extending a joining plate 2 to a satisfactory position (see Figure 1; Paragraphs 12 and 18).
Regarding claim 3, Yoshida discloses the method of claim 1, wherein an extension plate 12 engages with a fixed structure R for stability of the mounting plate 1 and the satisfactory position allows the extension plate 12 to engage the fixed structure R (see Figure 1; Paragraph 9).
Regarding claim 5, Yoshida discloses the method of claim 1, further comprises mounting a camera bracket 15 to the mounting plate 1 (see Figures 1 and 3; Paragraphs 10 and 20).
Regarding claim 6, Yoshida discloses the method of claim 5, further comprises affixing a camera V to the camera bracket 15 (see Figure 1; Paragraph 20).
Regarding claim 11, Yoshida discloses a sun visor mounting apparatus comprising: a mounting plate 1 (see Figure 1; Paragraph 9); a camera bracket 15 or camera V capable of being mounted to the mounting plate 1 (see Figure 1; Paragraph 10); a securing plate 13 coupled to the mounting plate 1, the securing plate 13 allowing for engagement of a sun visor S between the mounting plate 1 and the securing plate 13 (see Figure 1; Paragraph 9); a joining plate 2 coupled to the mounting plate 1 (see Figures 1 and 3; Paragraph 12); and wherein at least one removable fastener 23 is utilized for coupling each of said plates (see Figure 1; Paragraphs 11 and 20).
Regarding claim 12, Yoshida discloses the sun visor mounting apparatus of claim 11, further comprises a secondary mounting plate 12 configured to couple with the mounting plate 1 (see Figure 1; Paragraph 9).
Regarding claim 13, Yoshida discloses the sun visor mounting apparatus of claim 11, wherein an extension plate 3 is coupled to the joining plate 2, and the extension plate 3 has a first end 52 and a second end 43 (see Figures 1 and 4; Paragraphs 12-13).
Regarding claim 14, Yoshida discloses the sun visor mounting apparatus of claim 13, wherein affixed the second end 43 of the extension plate 3 is a vibration reduction pad 43a (see Figure 1; Paragraph 13).
Regarding claim 15, Yoshida discloses the sun visor mounting apparatus of claim 11, wherein said plates 1, 13, 2 each have at least one aperture for receiving one or more of the at least one fastener 23 (see Figure 1 and annotated Figure 1 below; Paragraphs 9-12).
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Regarding claim 16, Yoshida discloses a sun visor mounting system comprising: a mounting plate 1 with a hooked end 11 for receiving a first side of a sun visor S (see Figure 1; Paragraph 9); a securing plate 13 configured for receiving a second side of the sun visor S and being coupled to the mounting plate 1 (see Figure 1; Paragraph 9); an extension plate 3 coupled to a second side of a joining plate 2 (see Figure 1; Paragraph 12); wherein at least one removable fastener 23 is utilized to coupling of said plates. (see Figures 1 and 3; Paragraphs 11-12).
Regarding claim 19, Yoshida discloses the sun visor mount system of claim 16, wherein the extension plate 3 is slidable in relation to the joining plate 2 (see Figures 1-2 and 4; Paragraphs 13-14).
Regarding claim 20, Yoshida discloses the sun visor mount system of claim 16, further comprising a secondary mounting plate 12 configured to be coupled to the hooked end 11 of the mounting plate 1 (see Figure 1; Paragraph 9).
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 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Schierau in view of Jung (US Pat 7,413,233).
Regarding claim 8, Schierau discloses the method of claim 1.
Schierau fails to disclose coupling a GPS unit to the mounting plate.
Jung discloses a method for installing a sun visor mount comprising: engaging a first side of a sun visor 10 by a mounting plate 34 (see Figure 1; Col. 3, line 63-Col. 4, line 2; Col. 4, lines 23-36). The mounting plate 34 holds a viewing screen 28 and a GPS is coupled to the mounting plate 34 to be displayed on the viewing screen 28 (see Figures 1-3 and 6; Col. 3, lines 36-46; Col. 7, lines 12-21). The viewing screen 28 enables the navigator to provide unambiguous and easily understood directions to change lanes (see Col. 6, line 56-Col. 7, line 11).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to couple a GPS unit to the mounting plate of Schierau in order for the GPS to be viewed on the viewing screen, with a reasonable expectation of success, to enable a user to view the navigation directions such that they are unambiguous and easily understood, as taught by Jung.
Regarding claim 10, Schierau discloses the method of claim 4.
Schierau fails to disclose coupling a GPS unit to the secondary mounting plate.
Jung discloses a method for installing a sun visor mount comprising: engaging a first side of a sun visor 10 by a mounting plate 34 (see Figure 1; Col. 3, line 63-Col. 4, line 2; Col. 4, lines 23-36). The mounting plate 34 holds a viewing screen 28 and a GPS is coupled to the mounting plate 34 to be displayed on the viewing screen 28 (see Figures 1-3 and 6; Col. 3, lines 36-46; Col. 7, lines 12-21). The viewing screen 28 enables the navigator to provide unambiguous and easily understood directions to change lanes (see Col. 6, line 56-Col. 7, line 11).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to couple a GPS unit to the secondary mounting plate of Schierau in order for the GPS to be viewed on the viewing screen, with a reasonable expectation of success, to enable a user to view the navigation directions such that they are unambiguous and easily understood, as taught by Jung.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Imasaka et al. (WO 2014/162420) disclose a sun visor mount having a J hook portion of a mounting plate, a securing plate, and a joining plate. Uchiyama et al. (US Pat 9,488,835) disclose a sun visor mount having a J hook portion of a mounting plate, a securing plate, and a joining plate. Griggs (US PG Pub 2016/0161052) discloses a sun visor mount having a mounting plate, a securing plate, and a joining plate. Nawas (US Pat 10,637,980) discloses a sun visor mount having a mounting plate, a securing plate, and a joining plate. Kouchi et al. (US PG Pub 2007/0063124) disclose an attachment unit for a camera having a mounting plate with a J hook portion, a securing plate, and a joining plate with a camera bracket. Daniels et al. (US Pat 10,640,049) disclose a sun visor mount having a mounting plate with a J hook portion, a securing plate, and joining plates. Rothgart (US Pat 3,140,781) discloses a sun visor mount having a mounting plate with a J hook portion, a securing plate, and a joining plate. Richard (US Pat 9,630,569) discloses a sun visor mount having a mounting plate, a securing plate, a joining plate, and a display device for a GPS or other electronic device. Luk et al. (US PG Pub 2011/0220697) disclose a GPS navigation device holder having a mounting plate with a hook portion and a joining plate. Losser (US PG Pub 2010/0225139) discloses a GPS attachment cradle having a mounting plate, a securing plate, and a joining plate coupled using fasteners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm 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, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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