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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, “the list may not be incorporated into the specification but must be submitted in a separate paper.” Therefore, unless the references have been cited by the applicant in the IDS on form PTO-1449 or by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claims 1, 12 and 16 are objected to because of the following informalities:
Claims 1, 12 and 16, line 7 – “wherein a socket element is attached at structure of the mirror head” is presumed to be intended as “wherein a socket element is attached at a structure of the mirror head”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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, 4-9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newcomb (US 2004/0184169).
Regarding claim 1, Newcomb discloses a vehicular interior rearview mirror assembly (Figs. 1-12), the vehicular interior rearview mirror assembly comprising:
a mirror head (28) adjustable about a mounting structure (29), wherein the mounting structure is configured to mount the vehicular interior rearview mirror assembly at an interior portion of an interior cabin of a vehicle (para. [0022]);
wherein the mounting structure (29) comprises a mounting arm (30) having a ball member (para. [0008]), and wherein a socket element (10 or 42) is attached at structure of the mirror head (28) and receives the ball member to adjustably mount the mirror head at the mounting arm (Figs. 1-12);
wherein the mirror head (28) includes a mirror reflective element (para. [0004]);
wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the mirror head is adjustable by a driver of the vehicle to set a rearward view for the driver of the vehicle (para. [0004]); and
a dampening element (44) disposed between the socket element (10, 42) and the structure of the mirror head (Figs. 10-12), wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the dampening element (44) at least partially attenuates vibrations from transferring from the mounting structure to the mirror head (paras. [0022, 0028]).
Regarding claim 2, Newcomb discloses wherein the socket element is attached at the structure of the mirror head via a threaded fastener (10 or 11), and wherein the dampening element (44) circumscribes the threaded fastener (Figs. 10-12).
Regarding claim 4, Newcomb discloses wherein the structure of the mirror head comprises a mirror backplate (7), and wherein the mirror reflective element is attached at a first side of the mirror backplate and the socket element is attached at a second side of the mirror backplate opposite the first side (Fig. 6; para. [0022]).
Regarding claim 5, Newcomb discloses wherein the structure of the mirror head comprises a mirror casing (4, 6 or 7) of the mirror head (Fig. 6).
Regarding claim 6, Newcomb discloses wherein the structure of the mirror head comprises a stanchion (41) that is received within a recess of the socket element, and wherein the dampening element (44) is disposed between the stanchion and the socket element within the recess (Figs. 10-12).
Regarding claim 7, Newcomb discloses wherein the dampening element (44) is radially disposed between an outer circumferential surface of the stanchion (41) and an inner circumferential surface of the socket element within the recess (Figs. 10-12).
Regarding claim 8, Newcomb discloses wherein the dampening element (44) is axially disposed between an end surface of the stanchion (41) and an end surface of the socket element (10, 42) within the recess (Figs. 10-12).
Regarding claim 9, Newcomb discloses wherein a threaded fastener (10 or 11) extends through the socket element and is received at the stanchion (41) to attach the socket element at the structure of the mirror head (Figs. 1-12; para. [0022]).
Regarding claim 12, Newcomb discloses a vehicular interior rearview mirror assembly (Figs. 1-12), the vehicular interior rearview mirror assembly comprising:
a mirror head (28) adjustable about a mounting structure (29), wherein the mounting structure is configured to mount the vehicular interior rearview mirror assembly at an interior portion of an interior cabin of a vehicle (para. [0022]);
wherein the mounting structure (29) comprises a mounting arm (30) having a ball member (para. [0008]), and wherein a socket element (10 or 42) is attached at structure of the mirror head (28) and receives the ball member to adjustably mount the mirror head at the mounting arm (Figs. 1-12);
wherein the mirror head (28) includes a mirror reflective element (para. [0004]);
wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the mirror head is adjustable by a driver of the vehicle to set a rearward view for the driver of the vehicle (para. [0004]);
wherein the structure of the mirror head comprises a mirror backplate (7), and wherein the mirror reflective element is attached at a first side of the mirror backplate and the socket element is attached at a second side of the mirror backplate opposite the first side (Fig. 6; para. [0022]), and wherein the socket element is attached at the mirror backplate via a threaded fastener (10 or 11); and
a dampening element (44) disposed between the socket element (10, 42) and the mirror backplate (Figs. 10-12), wherein the dampening element (44) circumscribes the threaded fastener (Figs. 10-12), and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the dampening element (44) at least partially attenuates vibrations from transferring from the mounting structure to the mirror head (paras. [0022, 0028]).
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.
Claims 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Newcomb (US 2004/0184169) in view of Lu (US 2021/0162926), of record in IDS.
Regarding claim 16, Newcomb discloses a vehicular interior rearview mirror assembly (Figs. 1-12), the vehicular interior rearview mirror assembly comprising:
a mirror head (28) adjustable about a mounting structure (29), wherein the mounting structure is configured to mount the vehicular interior rearview mirror assembly at an interior portion of an interior cabin of a vehicle (para. [0022]);
wherein the mounting structure (29) comprises a mounting arm (30) having a ball member (para. [0008]), and wherein a socket element (10 or 42) is attached at structure of the mirror head (28) and receives the ball member to adjustably mount the mirror head at the mounting arm (Figs. 1-12);
wherein the mirror head (28) includes a mirror reflective element (para. [0004]);
wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the mirror head is adjustable by a driver of the vehicle to set a rearward view for the driver of the vehicle (para. [0004]);
wherein the structure of the mirror head comprises a stanchion (41) that is received within a recess of the socket element (Figs. 10-12); and
a dampening element (44) disposed between the stanchion (41) and the socket element (10, 42) within the recess (Figs. 10-12), wherein the dampening element (44) circumscribes the threaded fastener (Figs. 10-12), and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the dampening element (44) at least partially attenuates vibrations from transferring from the mounting structure to the mirror head (paras. [0022, 0028]).
Newcomb fails to explicitly disclose wherein the mirror head accommodates a driver monitoring camera that captures image data for a driver monitoring function.
However, Lu discloses a vehicular interior rearview mirror assembly (Figs. 1-3), wherein the mirror head (12; paras. [0017, 0019]) accommodates a driver monitoring camera (16) that captures image data for a driver monitoring function (paras. [0011, 0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the mirror head accommodates a driver monitoring camera that captures image data for a driver monitoring function, as in Lu, into the assembly of Newcomb to accommodate the driver for safety and assistance as desired.
Regarding claim 18, Newcomb discloses wherein the dampening element (44) is radially disposed between an outer circumferential surface of the stanchion (41) and an inner circumferential surface of the socket element within the recess (Figs. 10-12).
Regarding claim 19, Newcomb discloses wherein the dampening element (44) is axially disposed between an end surface of the stanchion (41) and an end surface of the socket element (10, 42) within the recess (Figs. 10-12).
Regarding claim 20, Newcomb discloses wherein a threaded fastener (10 or 11) extends through the socket element and is received at the stanchion (41) to attach the socket element at the structure of the mirror head (Figs. 1-12; para. [0022]).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Newcomb (US 2004/0184169), as applied to claims 2 and 12 above, and further in view of Ferman (US 2010/0328795).
Regarding claims 3 and 13, Newcomb fails to explicitly disclose wherein the dampening element comprises an O-ring.
However, Ferman discloses a vehicular interior rearview mirror assembly (Figs. 1-4), wherein the dampening element comprises an O-ring (24, Figs. 1-2; paras. [0012, 0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the dampening element comprises an O-ring, as in Ferman, into the assembly of Newcomb to entirely surround the fastener for a complete dampening effect.
Claims 10, 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Newcomb (US 2004/0184169), as applied to claims 1 and 12 above, and further in view of Lu (US 2021/0162926), of record in IDS.
Regarding claims 10 and 14, Newcomb fails to explicitly disclose wherein the mirror head accommodates a video display screen, and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the video display screen is electrically operable to display video images for viewing by the driver of the vehicle.
However, Lu discloses a vehicular interior rearview mirror assembly (Figs. 1-3), wherein the mirror head (12; paras. [0017, 0019]) accommodates a video display screen (20), and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle (Fig. 1), the video display screen is electrically operable to display video images for viewing by the driver of the vehicle (para. [0011]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the mirror head accommodates a video display screen, and wherein, with the vehicular interior rearview mirror assembly mounted at the interior portion of the interior cabin of the vehicle, the video display screen is electrically operable to display video images for viewing by the driver of the vehicle, as in Lu, into the assembly of Newcomb to display information regarding the driver’s surroundings for safety and assistance as desired.
Regarding claims 11 and 15, Newcomb fails to explicitly disclose wherein the mirror head accommodates a driver monitoring camera that captures image data for a driver monitoring function.
However, Lu discloses a vehicular interior rearview mirror assembly (Figs. 1-3), wherein the mirror head (12; paras. [0017, 0019]) accommodates a driver monitoring camera (16) that captures image data for a driver monitoring function (paras. [0011, 0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the mirror head accommodates a driver monitoring camera that captures image data for a driver monitoring function, as in Lu, into the assembly of Newcomb to accommodate the driver for safety and assistance as desired.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Newcomb (US 2004/0184169) in view of Lu (US 2021/0162926), as applied to claim 16 above, and further in view of Ferman (US 2010/0328795).
Regarding claim 17, Newcomb fails to explicitly disclose wherein the dampening element comprises an O-ring.
However, Ferman discloses a vehicular interior rearview mirror assembly (Figs. 1-4), wherein the dampening element comprises an O-ring (24, Figs. 1-2; paras. [0012, 0016]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the dampening element comprises an O-ring, as in Ferman, into the assembly of Newcomb and Lu to entirely surround the fastener for a complete dampening effect.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CALEY can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
