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 (Chinese Application 202211216265.6 filed September 30th, 2022).
Response to Amendment
On April 7th, 2025 the Applicant filed a Preliminary Amendment. Applicant amended the Specification.
Applicant amended claims 1 – 15 and 17 – 20.
Applicant canceled claim 16.
Applicant added claim 21.
The pending claims are 1 – 15 and 17 – 21 [Page 11].
The preliminary amended claims were subject to an Election of Species Requirement on April 29th, 2026. Applicant responded on June 26th, 2026.
Election/Restrictions
Applicant’s election without traverse of Species II in the reply filed on June 26th, 2026 is acknowledged.
Claims 12 – 15 and 17 – 19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species I, III, IV, and V, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 26th, 2026.
The requirement is still deemed proper and is therefore made FINAL.
The pending claims are 1 – 11, 20, and 21.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on May 12th, 2025 and April 17th, 2026 were filed before the mailing date of the First Action on the Merits (this Office Action). The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
The information disclosure statement filed May 12th, 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document [FOR Item #2]; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation – Functional Analysis
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Such claim limitation(s) is/are: “support member configured to …” in claims 1, 20, and 21 (the member is attached to a vehicle / claim elements which connote sufficient structure to one of ordinary skill in the art).
Such claim limitation(s) is/are: “camera is configured to be…” in claims 1, 20, and 21 (the Examiner notes the claimed “camera” connoted sufficient structure to one of ordinary skill in the art).
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1 – 11, 20, and 21 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.
Claim limitations
“height adjustment mechanism comprising […] is configured to” [claims 1, 20, and 21]
have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the height adjustment mechanism and its components do not have clear corresponding structure in the Specification and do not recite adequate relationships with structural elements and thus even if intended to be Functionally Analyzed lack the corresponding structure. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Regarding claims 2 – 11, the dependent claims do not cure the deficiencies of the independent claims and thus are similarly Rejected.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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) 1 and 5 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Susumago (WO2022/074704 A1 referred to as “Susumago” throughout) [Cited in Applicant’s April 17th, 2026 IDS as FOR Item #2].
Regarding claim 1, Susumago teaches
a support member configured to be fastened to a top of a cockpit of a vehicle [Susumago Figures 5 and 8 (see at least reference characters 2 or 11 attached to the cockpit / roof of a vehicle in reference character 100 and 101 and 20 (support member)) as well as Paragraphs 14 – 17, 24 – 26, 32 and 42 – 43 (camera housing attached to the vehicle behind the rear view mirror)];
a height adjustment mechanism comprising a camera mounting member and a driving mechanism [Susumago Figures 4, 5, and 8 (see at least reference characters 1, 10 (camera), 11 (holder for the camera), 12 (lens of camera), 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera holding section with height adjustment mechanisms inside)), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment)]; and
a camera connected to the support member through the height adjustment mechanism [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 10 (camera), 11 (holder for the camera), 12 (lens of camera), 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera holding section with camera on the end (lens included) in which the camera’s height is adjusted)],
wherein the height adjustment mechanism is configured to implement switching of the camera between a first state and a second state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) and the flipped down position (first state) would be obvious variants to one of ordinary skill in the art as two different states)];
wherein a first height of the camera in the first state is lower than a second height of the camera in the second state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is higher than the flipped down position (first state) would be obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))], and
wherein the camera, in the first state, the camera is configured to be lower than an internal rear-view mirror of the vehicle [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is high than the flipped down position (first state) would be obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states and height differences claimed to one of ordinary skill in the art.
Regarding claim 5, Susumago teaches
wherein the camera in the first state is configured to protrude toward a rear of the vehicle relative to the camera in the second state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is closer to the front of the vehicle than the flipped down position (first state) would be as the camera swings down towards the rear of the vehicle as obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states and position differences relative to the rear of the vehicle (direction camera swings down) claimed to one of ordinary skill in the art.
Regarding claim 6, Susumago teaches
wherein in the first state, the camera is configured to be located below the internal rear-view mirror [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 7 – 8 and 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 (camera deployed below a rear view mirror for imaging) and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror (see Figures 2 and 5 where the camera is deployed below the rear view mirror) where the camera position deployed with be an obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states where the deployed state would be below the mirror for better field of view as readily recognized by one of ordinary skill in the art.
Regarding claim 7, Susumago teaches
wherein in the second state, the camera is configured to be blocked [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 7 – 8 and 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 29 (camera stored above the rear view mirror / blocked field of view) and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror (see Figures 2 and 5 where the camera is stored above the rear view mirror and thus blocked) where the camera position stowed is an obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states where the stored / stowed state would be blocked above the mirror for better field of view as readily recognized by one of ordinary skill in the art.
Regarding claim 8, Susumago teaches
wherein in the second state, the camera is configured to be in a hidden state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 7 – 8 and 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 29 (camera stored above the rear view mirror / hidden) and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror (see Figures 2 and 5 where the camera is stored above the rear view mirror and thus hidden) where the camera position stowed/ hidden is an obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states where the stored / stowed (hidden) state would be hidden above the mirror for better field of view as readily recognized by one of ordinary skill in the art.
Claim(s) 2 – 4, 9, 11, and 20 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Susumago as applied to claim 1 above, and further in view of Chen (CN-206416936-U referred to as “Chen” throughout) [Cited in Applicant’s May 12th, 2025 IDS as FOR Item #2].
Regarding claim 2, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
wherein the support member is further configured to be fastened to a side that is of the internal rear-view mirror and that faces away from a mirror face [See claim 1 for citations of the “support member” and additionally Susumago Figures 4, 5, and 8 (support member is behind the rear view mirror); Chen Figures 1 – 4 (see at least reference character 22 (camera) and supports (reference characters 3, 7 and 19 at least) attached to the back side of the rear view mirror (reference character 12)) as well as Paragraphs 28 – 31 (rear view mirror has camera attached to the rear / back side)].
The motivation to combine Chen with Susumago is to combine features in the same / related field of invention of adjusting mirrors and sensors in a vehicle [Chen Paragraphs 4 – 5] in order to improve adjustment mechanisms for setting the rear view mirror and attached / related cameras for driving [Chen Paragraphs 12 – 19 where the Examiner observes at least KSR Rationales (D) or (F) are also applicable].
This is the motivation to combine Susumago and Chen which will be used throughout the Rejection.
Regarding claim 3, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
wherein in the first state, a difference between a first height of an internal rear-view mirror and the a second height of the camera is less than 100 millimeters (mm) [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 7 – 8 and 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 (camera deployed below a rear view mirror for imaging) and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror (see Figures 2 and 5 where the camera is deployed below the rear view mirror); Chen Figures 1 and 4 where the slides is adjustable in Paragraphs 27 – 31 where the driver selects the height of the mirror and camera where the camera position deployed with be an obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
See claim 2 for the motivation to combine Susumago and Chen.
Regarding claim 4, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
wherein in the first state, the camera is configured to be flush with an eyellipse [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 7 – 8 and 12 – 17 (camera and movement of the camera relative to the rear view mirror to include imaging of a driver’s eye thus rendering obvious the positioning with an eyellipse to one of ordinary skill in the art), 25 – 28 (camera deployed below a rear view mirror for imaging) and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror (see Figures 2 and 5 where the camera is deployed below the rear view mirror); Chen Figures 1 and 4 where the slides is adjustable in Paragraphs 27 – 31 where the driver selects the height of the mirror and camera where the camera position deployed with be an obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
See claim 2 for the motivation to combine Susumago and Chen.
Regarding claim 9, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
wherein the camera mounting member is slidably connected to the support member [See claim 1 for Susumago citations of the “camera mounting member” and “support member” claimed where Chen Figure 4 (see at least reference characters 14, 21, and 22 where the slide rail moves camera (reference character 22) and the support (reference character 21)) as well as Paragraphs 28 – 32 (slider used to move / adjust the camera using the cross rod / support for the camera attached to rear view mirror)], wherein the driving mechanism is separately connected to the support member and the camera mounting member [See next limitation for citations], wherein the driving mechanism is configured to drive the camera mounting member to slide [See claim 1 for Susumago citations of the “camera mounting member”, “driving mechanism”, and “support member” claimed in combination with Chen Figures 1 – 4 (see at least reference characters 14 (slide rail), 21, and 22 where the slide rail moves camera (reference character 22) and the camera support (reference character 21) and reference characters 6, 16, 18, 19, and 20 (gears / slides to drive the camera support)) as well as Paragraphs 28 – 32 (slide rail used to move / adjust the camera using the cross rod / support for the camera attached to rear view mirror using the gears to drive the camera)], and wherein the camera is fastened to the camera mounting member [Chen Figures 1 and 4 (see at least reference characters 3, 7 and 21 (support members which the camera (reference character 22) is attached to) as well as Paragraphs 28 – 32 (sliders for adjusting the mirror and attached camera vertically)].
See claim 2 for the motivation to combine Susumago and Chen.
Regarding claim 11, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
wherein a sliding direction of the camera mounting member is a vertical direction [Chen Figures 1 – 4 (see at least reference characters 14 (slide rail), 21, and 22 where the slide rail moves camera (reference character 22) and the camera support (reference character 21) and reference characters 6, 16, 18, 19, and 20 (gears / slides to drive the camera support)) as well as Paragraphs 28 – 32 (slide rail used to move / adjust the camera using the cross rod / support for the camera attached to rear view mirror using the gears to drive the camera where the vertical movement would be understood additionally in view of Susumago Figures 4, 5, and 8 to one of ordinary skill in the art in view of MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures)].
See claim 2 for the motivation to combine Susumago and Chen.
Regarding claim 20, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
a support member configured to be fixed at a top of a cabin of a vehicle [Susumago Figures 5 and 8 (see at least reference characters 2 or 11 attached to the cockpit / roof of a vehicle in reference character 100 and 101 and 20 (support member)) as well as Paragraphs 14 – 17, 24 – 26, 32 and 42 – 43 (camera housing attached to the vehicle behind the rear view mirror)];
a height adjustment mechanism comprising:
a camera mounting member slidably connected to the support member [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 10 (camera), 11 (holder for the camera), 12 (lens of camera), 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera holding section with camera on the end (lens included) in which the camera’s height is adjusted); Chen Figures 1 – 4 (see at least reference characters 14, 21, and 22 where the slide rail moves camera (reference character 22) and the support (reference character 21)) as well as Paragraphs 28 – 32 (slider used to move / adjust the camera using the cross rod / support for the camera attached to rear view mirror)], and
a driving mechanism connected to the support member and the camera mounting member and configured to drive the camera mounting member to slide [Susumago Figures 4, 5, and 8 (see at least reference characters 1, 10 (camera), 11 (holder for the camera), 12 (lens of camera), 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera holding section with height adjustment mechanisms inside)), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment); Chen Figures 1 – 4 (see at least reference characters 14 (slide rail), 21, and 22 where the slide rail moves camera (reference character 22) and the camera support (reference character 21) and reference characters 6, 16, 18, 19, and 20 (gears / slides to drive the camera support)) as well as Paragraphs 28 – 32 (slide rail used to move / adjust the camera using the cross rod / support for the camera attached to rear view mirror using the gears to drive the camera)]; and
wherein the height adjustment mechanism is configured to switch between a first state and a second state of the camera mounting member [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) and the flipped down position (first state) would be obvious variants to one of ordinary skill in the art as two different states)];
wherein a first height of the camera mounting member in the first state is lower than a second height of the camera mounting member in the second state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is higher than the flipped down position (first state) would be obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))], and
wherein in the first state, the camera mounting member is configured to be lower than an internal rear-view mirror of the vehicle [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is high than the flipped down position (first state) would be obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states and height differences claimed to one of ordinary skill in the art.
Regarding claim 21, Susumago teaches an adjustable camera in a first and second state with different heights for imaging inside a vehicle. Chen teaches the use of sliders / vertical height adjustment members with the camera housing attached and suggests heights to set the camera.
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to modify the height adjustment methods of Susumago with the lift / slider / elevator approaches as taught by Chen. The combination teaches
a support member configured to be fastened to a top of a cockpit of a vehicle [Susumago Figures 5 and 8 (see at least reference characters 2 or 11 attached to the cockpit / roof of a vehicle in reference character 100 and 101 and 20 (support member)) as well as Paragraphs 14 – 17, 24 – 26, 32 and 42 – 43 (camera housing attached to the vehicle behind the rear view mirror)];
a height adjustment mechanism [Susumago Figures 4, 5, and 8 (see at least reference characters 1, 10 (camera), 11 (holder for the camera), 12 (lens of camera), 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera holding section with height adjustment mechanisms inside)), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment)]; and
a camera connected to the support member through the height adjustment mechanism [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 10 (camera), 11 (holder for the camera), 12 (lens of camera), 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera holding section with camera on the end (lens included) in which the camera’s height is adjusted)],
wherein the height adjustment mechanism is configured to implement switching of the camera between a first state and a second state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) and the flipped down position (first state) would be obvious variants to one of ordinary skill in the art as two different states)],
wherein a first height of the camera in the first state is lower than a second height of the camera in the second state [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is higher than the flipped down position (first state) would be obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))],
wherein the camera, in the first state, is configured to be lower than an internal rear-view mirror of the vehicle [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 12 – 17 (camera and movement of the camera relative to the rear view mirror), 25 – 28 and 30 – 32 (height adjustment in vertical directions / store behind rear view mirror and driving mechanisms / springs to achieve height adjustment where the second state / position (stored behind the mirror) is high than the flipped down position (first state) would be obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))], and
wherein the camera, in the first state, is configured to be flush with an eyellipse [Susumago Figures 2 and 4 – 8 (see at least reference characters 1, 20, 21, 22, 23, 24, 25, and 26 (driving and height adjustment mechanisms to flip / restore the force of the camera)) as well as Paragraphs 7 – 8 and 12 – 17 (camera and movement of the camera relative to the rear view mirror to include imaging of a driver’s eye thus rendering obvious the positioning with an eyellipse to one of ordinary skill in the art), 25 – 28 (camera deployed below a rear view mirror for imaging) and 30 – 34 (height adjustment in vertical directions / store behind rear view mirror (see Figures 2 and 5 where the camera is deployed below the rear view mirror); Chen Figures 1 and 4 where the slides is adjustable in Paragraphs 27 – 31 where the driver selects the height of the mirror and camera where the camera position deployed with be an obvious variants to one of ordinary skill in the art (see also MPEP2144.04 VI A rendering obvious the dimensions / relative heights features claimed and illustrated in the Figures))].
It would have been obvious to one of ordinary skill art before the effective filing date of the claimed invention to understand the obvious variants in the teachings of the Susumago with the attachment of the housing and the housing performing a deployment and storage (restoring force members) operation on the camera renders obvious the two states and height differences claimed to one of ordinary skill in the art.
Allowable Subject Matter
Claim 10 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 10 recites a novel requirement in shaping the camera housing to be skew on the back of the rear view mirror which is not contemplated in the prior art when claim 10 and all intervening features claimed (including claim 9) consider.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Englander, et al. (US PG PUB 2022/0118911 A1 referred to as “Englander” throughout) in Figure 9 teaches the use of cables for attaching the camera and variants that render obvious the height relationships claimed. Rawlings (US PG PUB 2012/0026616 A1 referred toa s “Rawlings” throughout) in Figures 6 – 9 and 11 teaches a camera ball that hinges with a rear view mirror (see at least reference character 122).
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/TYLER W. SULLIVAN/Primary Examiner, Art Unit 2487
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