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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings with 10 Sheets of Figs. 1-10 received on 11/19/2024 are acknowledged and accepted.
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.
Claim(s) 1-3,5,10, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peterson et al (US 2020/0223364 A1, of record).
Regarding Claim 1, Peterson teaches (fig 1-6) a vehicular exterior rearview mirror assembly (exterior rearview mirror assembly 10, para 30), the vehicular exterior rearview mirror assembly comprising:
a mounting arm (mounting arm or base 18, para 30) comprising (i) an attaching end (towards side 11a of vehicle, para 30) configured for attachment at an exterior portion of a vehicle equipped with the vehicular exterior rearview mirror assembly (10) and (ii) a distal end that is distal from the attaching end (as in fig 2-3);
a mirror head (mirror head 12, para 30) comprising a mirror reflective element (mirror reflective element 14, para 30);
wherein the distal end of the mounting arm (mounting arm or base 18, para 30) passes through an aperture of the mirror head (mirror head 12, para 30) (as in fig 2-3);
an electrically operable actuator (power fold actuator 20, para 31) disposed at the distal end of the mounting arm (mounting arm or base 18, para 30) within the mirror head (mirror head 12, para 30) (“an actuator 20 that is operable to pivot the mirror head 12 (comprising the mirror casing 16 and reflective element 14) relative to the mounting arm or base 18”, para 31);
wherein, with the mounting arm (mounting arm or base 18, para 30) attached at the exterior portion of the vehicle, the mirror head (mirror head 12, para 30) is movable relative to the mounting arm (mounting arm or base 18, para 30) to provide for a driver of the vehicle a rearward view at a side of the vehicle;
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the mirror head (mirror head 12) is pivotable about a pivot tube of the actuator (power fold actuator 20) to adjust the mirror head (mirror head 12) relative to the mounting arm (mounting arm or base 18);
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the actuator (power fold actuator 20) is electrically operable (“when the actuator is electrically powered”, para 44) to adjust the mirror head (mirror head 12) relative to the mounting arm (mounting arm or base 18), and
wherein, when the actuator (power fold actuator 20) is electrically operating (“when the actuator is electrically powered”, para 44) to adjust the mirror head (mirror head 12) relative to the mounting arm (mounting arm or base 18), the mirror reflective element (mirror reflective element 14, para 30) moves in tandem with the mirror head (mirror head 12) relative to the mounting arm to adjust the rearward view provided to the driver of the vehicle (mirror 14 is within the mirror head 12 and hence moves along with the mirror head);
a biasing element (“A coil spring or other suitable biasing or urging element 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24”, para 33) disposed within the mirror head (mirror head 12), wherein the biasing element (i) extends from structure of the mirror head (mirror head 12) and (ii) engages an upper end of the pivot tube (upper ramp element 32, para 33, is the upper end of the pivot tube);
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the biasing element (“A coil spring or other suitable biasing or urging element 34”, para 33) imparts a biasing force between the structure of the mirror head (mirror head 12) and the upper end of the pivot tube (upper ramp element 32 is the upper end of the pivot tube) (“A coil spring or other suitable biasing or urging element 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24”, para 33, base 24 is attached to the mirror head); and
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the biasing element (“A coil spring or other suitable biasing or urging element 34”, para 33) imparts a biasing force between the structure of the mirror head (mirror head 12) and the upper end of the pivot tube (upper ramp element 32 is the upper end of the pivot tube),
the biasing element (“A coil spring or other suitable biasing or urging element 34”, para 33) attenuates vibrations from transferring through the pivot tube (tube 22, para 33) to the structure of the mirror head (mirror head 12) and the mirror reflective element (mirror reflective element 14, para 30) ("While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114).Because the structure of the claimed system, as identified above and in the original action, is the same as that claimed, it must inherently perform the same function and the biasing element will attenuate vibrations from transferring through the pivot tube to the structure of the mirror head and the mirror reflective element. See MPEP § 2112.01).
Regarding Claim 2, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1,
wherein a cap (retainer 30, para 32) is disposed at the upper end of the pivot tube (tube 22, para 32), and wherein the biasing element (“A coil spring or other suitable biasing or urging element 34 ) engages the cap at the upper end of the pivot tube (tube 22) (spring 34 is coiled around tube 22 and touches or engages the retainer 34 as in fig 6) (“The tube 22 extends through the base 24, output gear 26 and housing 28 and has a retainer 30 affixed at its upper end.”, para 32).
Regarding Claim 3, Peterson teaches the vehicular exterior rearview mirror assembly of claim 2,
wherein the cap (retainer 30, para 32) is friction-fit (“the retainer 30 is rigidly fastened to the tube 22”, para 32) to one selected from the group consisting of (i) an inner surface of the pivot tube (inside as in fig 6) and (ii) an outer surface of the pivot tube.
Regarding Claim 5, Peterson teaches the vehicular exterior rearview mirror assembly of claim 2,
wherein the cap (retainer 30, para 32) comprises a curved upper surface (curved surface of 30 as in fig 5), and wherein the biasing element (“A coil spring or other suitable biasing or urging element 34, para 33) engages the curved upper surface of the cap (as in fig 5).
Regarding Claim 10, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1,
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the mirror head (mirror head 12) is movable relative to the mounting arm (mounting arm or base 18) between at least (i) an extended position where the mirror head is extended outward from a side of the vehicle so that the mirror reflective element is positioned to provide the rearward view and (ii) a folded position where the mirror head is moved inward from the extended position toward the side of the vehicle (“ The actuator operates, responsive to a user input, to pivot the mirror head 12 between a plurality of detent positions, including a user or drive position (FIG. 2) and a folded or park position (FIG. 3).”, para 31).
Claim Rejections - 35 USC § 103
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.
Claim(s) 4, is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al (US 2020/0223364 A1, of record) in view of Steffes et al (US 2022/0126751 A1, of record).
Regarding Claim 4, Peterson teaches the vehicular exterior rearview mirror assembly of claim 2.
However, Peterson does not teach
wherein the cap comprises a slot, and wherein, with the mounting arm attached at the exterior portion of the vehicle, a wire harness extends from the pivot tube through the slot of the cap into the mirror head.
Peterson and Steffes are related as pivot tubes in exterior rearview mirror assembly.
Steffes teaches (fig 1-7)
wherein the cap (retainer 38, para 3) comprises a slot (slot as in fig 7), and wherein, with the mounting arm attached at the exterior portion of the vehicle, a wire harness extends from the pivot tube (pivot tube 22, para 33) through the slot of the cap into the mirror head (“the diameter of the pivot tube may be increased, such as to provide added strength or to provide a passageway through the pivot tube, such as for electrical connectors or wiring for the exterior rearview mirror assembly”, para 40)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pivot tube cap of Peterson to include the slot of Steffes for the purpose of a versatile design for providing electrical connection (para 33).
Claim(s) 6, is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al (US 2020/0223364 A1, of record) in view of De Wind et al (US 9969334 B2, of record).
Regarding Claim 6, Peterson teaches the vehicular exterior rearview mirror assembly of claim 5,
wherein the curved upper surface of the cap (retainer 30, para 32) comprises a radius of curvature.
However, Peterson does not teach
wherein a first pivot axis of the mirror head is parallel with a longitudinal axis of the pivot tube, and wherein the actuator is electrically operable to adjust the mirror head about a second pivot axis that is perpendicular to the first pivot axis, and wherein the curved upper surface of the cap comprises a radius of curvature that is concentric with the second pivot axis.
Peterson and De Wind are related as exterior rearview mirror assembly.
De Wind teaches (fig 1A, B,4)
wherein a first pivot axis (first pivot axis 18a, col 4, lines 23-35) of the mirror head (mirror head housing, col 4) is parallel with a longitudinal axis of the pivot tube (tubular structure of actuator 18, fig 1A), and wherein the actuator (actuator is considered to have first and second actuators 18, 22, col 4) is electrically operable to adjust the mirror head about a second pivot axis (second pivot axis 22a, col 4) that is perpendicular to the first pivot axis (first pivot axis 18a), and wherein the curved upper surface of the cap (cover 24 of top part of actuator 22 in fig 1A, col 4) comprises a radius of curvature that is concentric with the second pivot axis (second pivot axis 22a) (as in fig 1A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the first and second pivot axis rotation of De Wind for the purpose of a versatile design for adjustment of rearward view of the driver of a vehicle (col 2).
Claim(s) 11-14,19,22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al (US 2020/0223364 A1, of record) in view of Esser et al (US 2022/0266752 A1).
Regarding Claim 11, Peterson teaches the vehicular exterior rearview mirror assembly of claim 10.
However, Peterson does not teach
wherein, when the mirror head moves relative to the mounting arm between the extended position and the folded position, the mirror head is adjusted about a first pivot axis that is parallel with a longitudinal axis of the pivot tube, and wherein, with the mirror head in the extended position and when the actuator is electrically operated to adjust the rearward view, the actuator adjusts the mirror head about the first pivot axis or about a second pivot axis that is perpendicular to the first pivot axis.
Peterson and Esser are related as exterior rearview mirror assembly.
Esser teaches (fig 1-5,19-27)
wherein, when the mirror head (mirror head 20, para 28) moves relative to the mounting arm (mounting arm 16, para 27) between the extended position and the folded position, the mirror head is adjusted about a first pivot axis that is parallel with a longitudinal axis of the pivot tube (“The actuator also provides a power fold function that operates to pivot the mirror head about a generally vertical or canted axis between a use position (where the mirror head is extended from the side of the vehicle and the reflective element is viewable by the driver of the vehicle and provides the driver with the desired or selected rearward field of view) and a folded or non-use or park position (where the mirror head is folded toward the side of the vehicle so that the reflective element is generally along the side of the vehicle and does not provide the driver with the selected rearward field of view)”, para 31), and
wherein, with the mirror head (mirror head 20, para 28) in the extended position and when the actuator (actuator 22) is electrically operated to adjust the rearward view, the actuator adjusts the mirror head about the first pivot axis or about a second pivot axis that is perpendicular to the first pivot axis (“The actuator 22 is mounted at the bracket portion at the upper end of mounting arm or post or structure and is operable to adjust the mirror back plate and reflective element and mirror casing (together and in tandem) relative to the mounting arm to adjust the rearward field of view of the driver viewing the reflective element when the mirror assembly is mounted at the side of the vehicle”, para 31) (“The two motor actuator 22 utilizes one motor for horizontal mirror head (including mirror casing and mirror reflective element) rotation and one motor for vertical mirror head rotation”, para 33) (“during horizontal mirror head rotation, the actuator body (motors 36a, 36b, gears, 38a, 38b, housing 32, 34) remains in place relative to the mounting arm as the horizontal adapter plate 40 and the housing bracket 46 (and thus the mirror head) pivot about the vertical axis (see FIGS. 19-21).”, figs 19-21, para 40, “During vertical mirror head rotation, the vertical adapter plate 42 remains in place while the actuator body, horizontal adapter plate 40, and mirror head rotate about a horizontal axis (see FIGS. 25-27)”, para 41)“.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the first and second pivot axis rotation of Esser for the purpose of a versatile design with dual actuators and dual pivot axes for adjustment of mirror head and reflective element relative to the vehicle side and a rearward view of the driver of a vehicle (para 3, 26).
Regarding Claim 12, Peterson-Esser teaches the vehicular exterior rearview mirror assembly of claim 11.
However, Peterson does not teach
wherein the actuator comprises (i) a first electrically operable motor that is electrically operable to adjust the mirror head about the first pivot axis and (ii) a second electrically operable motor that is electrically operable to adjust the mirror head about the second pivot axis.
Peterson and Esser are related as actuators in exterior rearview mirror assembly.
Esser teaches (fig 1-5,19-27)
wherein the actuator (actuator 22, para 27) comprises (i) a first electrically operable motor that is electrically operable to adjust the mirror head about the first pivot axis and (ii) a second electrically operable motor that is electrically operable to adjust the mirror head about the second pivot axis (“The two motor actuator 22 utilizes one motor for horizontal mirror head (including mirror casing and mirror reflective element) rotation and one motor for vertical mirror head rotation”, para 33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the first and second pivot axis rotation of Esser for the purpose of a versatile design with first and second motors and first and second pivot axes for adjustment of mirror head and reflective element relative to the vehicle side and a rearward view of the driver of a vehicle (para 3, 26).
Regarding Claim 13, Peterson-Esser teaches the vehicular exterior rearview mirror assembly of claim 11.
However, Peterson does not teach
wherein, with the mounting arm attached at the exterior portion of the vehicle, the first pivot axis comprises a vertical pivot axis and the second pivot axis comprises a horizontal pivot axis.
Peterson and Esser are related as actuators in exterior rearview mirror assembly.
Esser teaches (fig 1-5,19-27)
wherein, with the mounting arm (mounting arm, para 28) attached at the exterior portion of the vehicle, the first pivot axis comprises a vertical pivot axis (vertical pivot axis, para 37) and the second pivot axis comprises a horizontal pivot axis (horizontal pivot axis, para 34).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the first vertical and second horizontal pivot axis rotation of Esser for the purpose of a versatile design with first and second pivot axes for adjustment of mirror head and reflective element relative to the vehicle side and a rearward view of the driver of a vehicle (para 3, 26).
Regarding Claim 14, Peterson teaches the vehicular exterior rearview mirror assembly of claim 1.
However, Peterson does not teach
wherein the aperture allows for movement of the mirror head relative to the mounting arm.
Peterson and Esser are related as exterior rearview mirror assembly.
Esser teaches (fig 1-5)
wherein the aperture (aperture, para 36) allows for movement of the mirror head (mirror head 20, para 27) relative to the mounting arm (mounting arm 16, para 28) (“The mounting arm (or a lower portion of the actuator) is received through a gap or opening of the lower mirror casing 14b, with the opening providing clearance or a gap between the casing wall and the mounting post to allow for adjustment of the mirror head (including the mirror casing and reflective element) relative to the mounting arm 16”, para 28) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the aperture of Esser for the purpose of easy adjustment of mirror head (para 28).
Regarding Claim 19, Peterson teaches (fig 1-6) a vehicular exterior rearview mirror assembly (exterior rearview mirror assembly 10, para 30), the vehicular exterior rearview mirror assembly comprising:
a mounting arm (mounting arm or base 18, para 30) comprising (i) an attaching end (towards side 11a of vehicle, para 30) configured for attachment at an exterior portion of a vehicle equipped with the vehicular exterior rearview mirror assembly (10) and (ii) a distal end that is distal from the attaching end (as in fig 2-3);
a mirror head (mirror head 12, para 30) comprising a mirror reflective element (mirror reflective element 14, para 30);
wherein the distal end of the mounting arm (mounting arm or base 18, para 30) passes through an aperture of the mirror head (mirror head 12, para 30) (as in fig 2-3);
an electrically operable actuator (power fold actuator 20, para 31) disposed at the distal end of the mounting arm (mounting arm or base 18, para 30) within the mirror head (mirror head 12, para 30) (“an actuator 20 that is operable to pivot the mirror head 12 (comprising the mirror casing 16 and reflective element 14) relative to the mounting arm or base 18”, para 31);
wherein, with the mounting arm (mounting arm or base 18, para 30) attached at the exterior portion of the vehicle, the mirror head (mirror head 12, para 30) is movable relative to the mounting arm (mounting arm or base 18, para 30) to provide for a driver of the vehicle a rearward view at a side of the vehicle;
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the mirror head (mirror head 12) is movable relative to the mounting arm (mounting arm or base 18) between at least (i) an extended position where the mirror head is extended outward from a side of the vehicle so that the mirror reflective element is positioned to provide the rearward view and (ii) a folded position where the mirror head is moved inward from the extended position toward the side of the vehicle (“ The actuator operates, responsive to a user input, to pivot the mirror head 12 between a plurality of detent positions, including a user or drive position (FIG. 2) and a folded or park position (FIG. 3).”, para 31);
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the mirror head (mirror head 12) is pivotable about a pivot tube of the actuator (power fold actuator 20) to adjust the mirror head (mirror head 12) relative to the mounting arm (mounting arm or base 18);
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the actuator (power fold actuator 20) is electrically operable (“when the actuator is electrically powered”, para 44) to adjust the mirror head (mirror head 12) relative to the mounting arm (mounting arm or base 18), and
wherein, when the actuator (power fold actuator 20) is electrically operating (“when the actuator is electrically powered”, para 44) to adjust the mirror head (mirror head 12) relative to the mounting arm (mounting arm or base 18), the mirror reflective element (mirror reflective element 14, para 30) moves in tandem with the mirror head (mirror head 12) relative to the mounting arm to adjust the rearward view provided to the driver of the vehicle (mirror 14 is within the mirror head 12 and hence moves along with the mirror head);
wherein a cap (retainer 30, para 32) is disposed at the upper end of the pivot tube (tube 22, para 32), and wherein the biasing element (“A coil spring or other suitable biasing or urging element 34 ) engages the cap at the upper end of the pivot tube (tube 22) (spring 34 is coiled around tube 22 and touches or engages the retainer 34 as in fig 6) (“The tube 22 extends through the base 24, output gear 26 and housing 28 and has a retainer 30 affixed at its upper end.”, para 32).
a biasing element (“A coil spring or other suitable biasing or urging element 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24”, para 33) disposed within the mirror head (mirror head 12), wherein the biasing element (i) extends from structure of the mirror head (mirror head 12) and (ii) engages an upper end of the pivot tube (upper ramp element 32, para 33, is the upper end of the pivot tube);
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the biasing element (“A coil spring or other suitable biasing or urging element 34”, para 33) imparts a biasing force between the structure of the mirror head (mirror head 12) and the upper end of the pivot tube (upper ramp element 32 is the upper end of the pivot tube) (“A coil spring or other suitable biasing or urging element 34 provides the primary load and exerts a downward force at the upper ramp element 32, which engages the housing 28, which engages the output gear 26, which engages the base 24”, para 33, base 24 is attached to the mirror head); and
wherein, with the mounting arm (mounting arm or base 18) attached at the exterior portion of the vehicle, the biasing element (“A coil spring or other suitable biasing or urging element 34”, para 33) imparts a biasing force between the structure of the mirror head (mirror head 12) and the upper end of the pivot tube (upper ramp element 32 is the upper end of the pivot tube),
the biasing element (“A coil spring or other suitable biasing or urging element 34”, para 33) attenuates vibrations from transferring through the pivot tube (tube 22, para 33) to the structure of the mirror head (mirror head 12) and the mirror reflective element (mirror reflective element 14, para 30) ("While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP § 2113; In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997); In re Swinehart, 439 F.2d 210, 212-13, 169 USPQ 226, 228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). “apparatus claims cover what a device is, not what a device does.” Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original, MPEP §2114).Because the structure of the claimed system, as identified above and in the original action, is the same as that claimed, it must inherently perform the same function and the biasing element will attenuate vibrations from transferring through the pivot tube to the structure of the mirror head and the mirror reflective element. See MPEP § 2112.01).
However, Peterson does not teach
wherein, when the mirror head moves relative to the mounting arm between the extended position and the folded position, the mirror head is adjusted about a first pivot axis that is parallel with a longitudinal axis of the pivot tube, and wherein, with the mirror head in the extended position and when the actuator is electrically operated to adjust the rearward view, the actuator adjusts the mirror head about the first pivot axis or about a second pivot axis that is perpendicular to the first pivot axis.
Peterson and Esser are related as exterior rearview mirror assembly.
Esser teaches (fig 1-5,19-27)
wherein, when the mirror head (mirror head 20, para 28) moves relative to the mounting arm (mounting arm 16, para 27) between the extended position and the folded position, the mirror head is adjusted about a first pivot axis that is parallel with a longitudinal axis of the pivot tube (“The actuator also provides a power fold function that operates to pivot the mirror head about a generally vertical or canted axis between a use position (where the mirror head is extended from the side of the vehicle and the reflective element is viewable by the driver of the vehicle and provides the driver with the desired or selected rearward field of view) and a folded or non-use or park position (where the mirror head is folded toward the side of the vehicle so that the reflective element is generally along the side of the vehicle and does not provide the driver with the selected rearward field of view)”, para 31), and
wherein, with the mirror head (mirror head 20, para 28) in the extended position and when the actuator (actuator 22) is electrically operated to adjust the rearward view, the actuator adjusts the mirror head about the first pivot axis or about a second pivot axis that is perpendicular to the first pivot axis (“The actuator 22 is mounted at the bracket portion at the upper end of mounting arm or post or structure and is operable to adjust the mirror back plate and reflective element and mirror casing (together and in tandem) relative to the mounting arm to adjust the rearward field of view of the driver viewing the reflective element when the mirror assembly is mounted at the side of the vehicle”, para 31) (“The two motor actuator 22 utilizes one motor for horizontal mirror head (including mirror casing and mirror reflective element) rotation and one motor for vertical mirror head rotation”, para 33) (“during horizontal mirror head rotation, the actuator body (motors 36a, 36b, gears, 38a, 38b, housing 32, 34) remains in place relative to the mounting arm as the horizontal adapter plate 40 and the housing bracket 46 (and thus the mirror head) pivot about the vertical axis (see FIGS. 19-21).”, figs 19-21, para 40, “During vertical mirror head rotation, the vertical adapter plate 42 remains in place while the actuator body, horizontal adapter plate 40, and mirror head rotate about a horizontal axis (see FIGS. 25-27)”, para 41)“.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the first and second pivot axis rotation of Esser for the purpose of a versatile design with dual actuators and dual pivot axes for adjustment of mirror head and reflective element relative to the vehicle side and a rearward view of the driver of a vehicle (para 3, 26).
Regarding Claim 22, Peterson-Esser teaches the vehicular exterior rearview mirror assembly of claim 19.
However, Peterson does not teach
wherein the actuator comprises (i) a first electrically operable motor that is electrically operable to adjust the mirror head about the first pivot axis and (ii) a second electrically operable motor that is electrically operable to adjust the mirror head about the second pivot axis.
Peterson and Esser are related as actuators in exterior rearview mirror assembly.
Esser teaches (fig 1-5,19-27)
wherein the actuator (actuator 22, para 27) comprises (i) a first electrically operable motor that is electrically operable to adjust the mirror head about the first pivot axis and (ii) a second electrically operable motor that is electrically operable to adjust the mirror head about the second pivot axis (“The two motor actuator 22 utilizes one motor for horizontal mirror head (including mirror casing and mirror reflective element) rotation and one motor for vertical mirror head rotation”, para 33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mirror assembly of Peterson to include the first and second pivot axis rotation of Esser for the purpose of a versatile design with first and second motors and first and second pivot axes for adjustment of mirror head and reflective element relative to the vehicle side and a rearward view of the driver of a vehicle (para 3, 26).
Claim(s) 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al (US 2020/0223364 A1, of record) in view of Esser et al (US 2022/0266752 A1) and further in view of Steffes et al (US 2022/0126751 A1, of record).
Regarding Claim 20, Peterson-Esser teaches the vehicular exterior rearview mirror assembly of claim 19.
However, Peterson does not teach
wherein the cap comprises a slot, and wherein, with the mounting arm attached at the exterior portion of the vehicle, a wire harness extends from the pivot tube through the slot of the cap into the mirror head.
Peterson and Steffes are related as pivot tubes in exterior rearview mirror assembly.
Steffes teaches (fig 1-7)
wherein the cap (retainer 38, para 3) comprises a slot (slot as in fig 7), and wherein, with the mounting arm attached at the exterior portion of the vehicle, a wire harness extends from the pivot tube (pivot tube 22, para 33) through the slot of the cap into the mirror head (“the diameter of the pivot tube may be increased, such as to provide added strength or to provide a passageway through the pivot tube, such as for electrical connectors or wiring for the exterior rearview mirror assembly”, para 40)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pivot tube cap of Peterson to include the slot of Steffes for the purpose of a versatile design for providing electrical connection (para 33).
Allowable Subject Matter
Claims 15-18 allowed.
Claim 15 is allowable over the prior art for at least the reason:
“a biasing element disposed within the mirror head, wherein the biasing element (i) extends from structure of the mirror head and (ii) engages the cap at the upper end of the pivot tube; wherein the biasing element comprises a spring bar that extends at least partially along the upper end of the pivot tube, and wherein, with the mounting arm attached at the exterior portion of the vehicle, the spring bar flexes to impart a biasing force between the structure of the mirror head and the upper end of the pivot tube; and wherein, with the mounting arm attached at the exterior portion of the vehicle, and with the spring bar engaging the cap at the upper end of the pivot tube and imparting the biasing force between the structure of the mirror head and the upper end of the pivot tube, the biasing element attenuates vibrations from transferring through the pivot tube to the structure of the mirror head and the mirror reflective element.”
Claims 16-18 are dependent on claim 15 and hence are allowable for at least the same reasons as the base claim.
Claim 7-9,21, 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.
Claim 7 is allowable for at least the reason:
“wherein the biasing element comprises a spring bar that extends at least partially along the upper end of the pivot tube and that flexes to impart the biasing force. “
Claims 8-9 are dependent on claim 7 and hence are allowable for at least the same reasons as the base claim.
Claim 21 is allowable for at least the reason:
“wherein the biasing element comprises a spring bar that extends at least partially along the upper end of the pivot tube and that flexes to impart the biasing force.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Peterson et al (US 2015/0360615 A1) teaches an exterior rearview mirror assembly with a mirror head, a mirror casing, a mounting arm, and a mirror head adjustment mechanism.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 9/28/2026
