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 .
Election/Restrictions
Applicant’s election without traverse of the species of figures 1-2 in the reply filed on 01/02/26 is acknowledged.
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.
Claims 10-15 are 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.
In claim 10, lines 1-2 the recitation “an image sensor a wall,” is vague and indefinite because it is idiomatically incorrect and it is not clear how the wall and image sensor are related? Furthermore, the claim needs to end with a period and not a comma. For the purposes of examination, the examiner will interpret ‘an image sensor a wall’ as --an image sensor positioned near a wall--.
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 and 8 are rejected under 35 U.S.C. 102a1 as being anticipated by U.S. Patent Application Publication No. 2019/0351830, hereafter referred to as ‘Bosma ‘830‘. Regarding claim 1, Bosma ‘830 discloses an apparatus 10 (figures 1-5), comprising: a bezel 24 configured to couple to a housing 38 and surround a mirror 20 (see figures 1-3B and para. #’s 18-21); and a first light source (first light source of a plurality of light sources36 configured to provide an indication for a vehicle (see para. #’S 16, 34 and 36, plural indications such as left turn indication, right turn indication, door locked, and/or warning light indication), the first light source 36, in an unilluminated state, being at least partially hidden by the bezel 24 (see para. # 21, at least a portion if the bezel 24 has an opaque coating which would at least partially hide the first light source 36), the first light source 36, in an illuminated state, configured to provide light through the bezel (bezel 24 is made of transparent material, see para. #’s 18 and 37 and light exits a portion or portions of the bezel in an illuminated state, see para. #’s 18-37).
Regarding claim 8, Bosma ‘830 teaches the apparatus of claim 1 and further teaches, wherein the bezel 24 comprises a lens, the lens comprising: a first material (first material is opaque coating described in para. # 21) is configured to block light from the first light source (para. # 21), and a second material (the bezel 24 is made of a second material which is a transparent material, see para. #’s 18 and 37) and is configured to transmit the light from the first light source (para. #’s 18-37).
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.
Claims 2-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bosma ‘830 in view of U.S. Patent Application Publication No. 20170036603, hereafter referred to as ‘Brummel ‘603’. Regarding claim 2, Bosma ‘830 teaches the limitations of claim 1. Bosma ‘830 does not explicitly teach, however that the apparatus further comprising an image sensor carried by the housing, the image sensor configured to detect one or more objects external to the vehicle.
Brummel ‘603 teaches a vehicle with an illuminated interior rearview assembly, figures 1-17, and an illuminated exterior rearview mirror assembly (figures 18-19). The rearview mirror assembly further comprising an image sensor carried by the housing (see details of image sensor or video camera for rearview mirror housing in para #’s 65-71). The image sensor is configured to detect one or more objects external to the vehicle (see para. # 70).
It would have been obvious to one skilled in the art before the effective filing date of applicant’s claimed invention to modify the rearview mirror assembly of Bosma ‘830 to further include an image sensor carried by the housing, the image sensor configured to detect one or more objects external to the vehicle as taught by Brummel ‘884 in order to efficiently alert the driver of people, animals, cars and other objects external to the driver’s vehicle.
Regarding claim 3, Bosma ‘830 in view of Brummel ‘603 teaches the apparatus of claim 2, Bosma ‘830 further teaches a second light source 36 (see para. # ‘s 20 and 25-41 which describes a second light source 36 of a plurality of light sources which is configured to provide the indication (see para. #’s 16, 34 and 36, plural indications such as left turn indication, right turn indication, door locked, and/or warning light indication), wherein the bezel 24 covers the first light source and the second light source (figures 1-3B and para. #’s 18-41).
Regarding claim 6, Bosma ‘830 in view of Brummel ‘603 teaches the apparatus of claim 3, Bosma ‘830 further teaches wherein the bezel 24 comprises: a first lens portion (bezel 24 is made of transparent material which form at least a first lens portion and second lens portion, see para. #’s 18 and 37) configured to block light from the first light source 36 (see para. # 21, at least a first lens portion of the bezel 24 has an opaque coating which would block light from the first light source 36), and a second lens portion configured to transmit the light from the second light source. (the bezel 24 is made of transparent material and at least a portion of bezel which doesn’t include an opaque coating forms the second lens portion and light exits an exit portion 44 or portions 44 of the bezel 24 in an illuminated state, see para. #’s 18-37).
Regarding claim 7, Bosma ‘830 in view of Brummel ‘603 teaches the apparatus of claim 3, Bosma ‘830 further teaches wherein the first light source and the second light source (plural light sources 36, see para. #’s 21-37) provide a side turn indicator indicating a direction of travel for the vehicle (para. #’s 16, 34 and 36).
Claims 9-10, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bosma ‘830 in view of Brummel ‘603. Regarding claim 9, Bosma ‘830 discloses the claimed invention except for the teaching that the apparatus further comprising an image sensor carried by the housing, the image sensor is configured to detect one or more objects external to the door and a first side turn indicator disposed on the image sensor.
Regarding claim 9, Bosma ‘830 discloses a side mirror (outside vehicle rearview mirror, see para. # 16), comprising: a housing 38 configured to extend from a door (inherently, the outside rearview mirror would extend from a door and side of the vehicle so a driver can see the driver’s external blind spot on driver’s side of the vehicle); a first side turn indicator (para. #’s 16, 34 and 36) comprising a first light source 36 configured to illuminate with light and indicate a change of direction of the vehicle or vehicle door (para. #’s 16, 34 and 36); and a bezel 24 comprising: a first lens portion comprising an opaque portion configured to block the light material (the bezel 24 is made of transparent material with a portion of the bezel having an opaque coating which blocks light and forms a first lens portion, see para. # 21); and a second lens portion comprising a transparent portion configured to transmit the light (the bezel 24 is made of transparent material and forms a second lens portion, see para. #’s 18 and 37). However, Bosma ‘830 does not explicitly teach that the apparatus further comprising an image sensor carried by the housing, the image sensor is configured to detect one or more objects external to the door and a first side turn indicator disposed on the image sensor.
However, Brummel ‘603 teaches a vehicle with an illuminated interior rearview assembly, figures 1-17, and an illuminated exterior rearview mirror assembly (figures 18-19). The rearview mirror assembly further comprising an image sensor carried by the housing (see details of image sensor or video camera for rearview mirror housing in para #’s 65-71). The image sensor is configured to detect one or more objects external to the vehicle’s sides or the vehicle doors or the (see para. # 70) and a first side turn indicator disposed on the image sensor (para. #’s 65-71).
It would have been obvious to one skilled in the art before the effective filing date of applicant’s claimed invention to modify the rearview mirror assembly of Bosma ‘830 to further include an image sensor carried by the housing, the image sensor configured to detect one or more objects external to the vehicle’s sides or vehicle doors and disposing a first side turn indicator on the image sensor as taught by Brummel ‘884 in order to efficiently alert the driver of people, animals, cars and other objects external to the driver’s vehicle.
Regarding claim 10, Bosma ‘830 in view of Brummel ‘603 teaches the side mirror of claim 9, Brummel ‘603 further teaches an image sensor a wall (see para. # 70, image sensor is positioned in a mirror assembly mounting base, inherently the mounting base and mirror assembly would include a wall.)
Regarding claim 13, Bosma ‘830 in view of Brummel ‘603 teaches the side mirror of claim 10, Bosma ‘830 further teaches a second side turn indicator (see para. #’s 16, 32 and 34, plural turn indicators 36) comprising a second light source (plural light sources 36, para. #’s 18-41); wherein the bezel 24 covers the first side turn indicator and the second side turn indicator (figures 1-3B).
Regarding claim 16, Bosma ‘830 in view of Brummel ‘603 teaches the side mirror of claim 9, Bosma ‘830 further teaches a mirror 20, wherein the bezel 24 surrounds the mirror 20 (figures 1-3B).
Allowable Subject Matter
Claims 4-5 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.
Claims 11-12 and 14-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 17-20 allowed. Independent claim 17 claims among other things “an image sensor positioned between the first light source and the second light source.” Claims 18-20 depend on independent claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fehn ‘253 discloses an illuminated vehicle mirror which is similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875