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 Invention I, which corresponds to claims 1-14 in the reply filed on 6/2/2026 is acknowledged.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-14 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-34 of U.S. Patent No. 11,912,204. Although the conflicting claims at issue are not identical, they are not patentably distinct from each other. See the reasons sets forth below:
Instance Application No. 19/215,398
U.S. Patent No. 11,912,204
1. A vehicular camera assembly, the vehicular camera assembly comprising:a mounting base configured to mount the vehicular camera assembly at a side of a vehicle equipped with the vehicular camera assembly;an arm pivotally mounted at the mounting base and pivotable relative to the mounting base;a camera disposed at an outer end region of the arm;wherein, with the vehicular camera assembly mounted at the vehicle, the arm is pivotable relative to the mounting base between at least (i) a drive position, where the camera is positioned outward from the side of the vehicle so that the camera is positioned for viewing rearward of the vehicle, and (ii) a folded position, where the camera is positioned inward from the drive position toward the side of the vehicle;an actuator operable to pivot the arm between the folded position and the drive position;wherein, with the vehicular camera assembly mounted at the vehicle, and when the arm is pivoted from the drive position toward a forward fold position, the arm is at least partially received in a forward cavity at the side of the vehicle; anda forward flap assembly that seals the forward cavity when the arm is pivoted toward the forward fold position, and wherein the forward flap assembly, when the arm is pivoted away from the folded position and beyond the drive position toward the forward fold position, engages the arm and biases the arm toward the drive position.
2. The vehicular camera assembly of claim 1, wherein the actuator is operable to pivot a detent assembly to pivot the arm between the folded position and the drive position.
3. The vehicular camera assembly of claim 2, wherein the detent assembly comprises a (i) primary detent that is engaged when the arm is pivoted between the folded position and the drive position via operation of the actuator, (ii) a secondary detent that is engaged to maintain the arm at the drive position when the arm is manually pivoted to the drive position, and (iii) a locking component that is engaged when the arm is manually pivoted between the folded position and the drive position.
4. The vehicular camera assembly of claim 3, wherein the detent assembly comprises an internal biasing element that imparts a biasing force at the primary detent to urge the primary detent into engagement.
5. The vehicular camera assembly of claim 3, wherein, when the arm is manually pivoted between the folded position and the drive position, the primary detent is not engaged.
6. The vehicular camera assembly of claim 5, wherein, when the arm is manually pivoted to a position between the folded position and the drive position, the secondary detent is not engaged.
7. The vehicular camera assembly of claim 2, wherein the actuator comprises a cable drive actuator that is positioned remote from the detent assembly and is operable to pivot the detent assembly by pulling a flexible cable connected at the cable drive actuator and the detent assembly.
8. The vehicular camera assembly of claim 7, wherein pulling the flexible cable pivots a cable pull arm attached to the detent assembly to pivot the arm.
9. The vehicular camera assembly of claim 8, wherein the detent assembly comprises a locking component that, when engaged, engages the cable pull arm and the mounting base to fix the cable pull arm to the mounting base when the arm is manually pivoted between the folded position and the drive position.
10. The vehicular camera assembly of claim 8, wherein, when the cable drive actuator is operated to pivot the arm toward the drive position, the cable drive actuator pulls the flexible cable to pivot the cable pull arm in a first direction, and wherein, when the cable drive actuator is operated to pivot the arm toward the folded position, the cable drive actuator releases the flexible cable to pivot the cable pull arm in a second direction opposite the first direction.
11. The vehicular camera assembly of claim 10, wherein the cable drive actuator comprises a torsion spring that biases the cable pull arm in the second direction.
12. The vehicular camera assembly of claim 1, wherein, with the vehicular camera assembly mounted at the vehicle, and with the arm in the folded position, the arm is at least partially received in a recess at the side of the vehicle.
13. The vehicular camera assembly of claim 1, wherein, with the vehicular camera assembly mounted at the vehicle, the arm is manually to a forward fold position, where the arm and camera are pivoted beyond the drive position in an opposite direction from the folded position.
14. The vehicular camera assembly of claim 1, comprising an electronic control unit (ECU) having electronic circuitry and associated software, wherein, with the vehicular camera assembly mounted at the vehicle, the camera, when the arm is in the drive position, captures video image data and the captured video image data is provided to the ECU, and wherein, with the vehicular camera assembly mounted at the vehicle, video image data captured by the camera and provided to the ECU is processed at the ECU for at least one selected from the group consisting of (i) display of video images derived from video image data captured by the camera and provided to the ECU and (ii) detection of an object viewed by the camera.
1. A vehicular imaging system, the vehicular imaging system comprising: a camera device disposed at an exterior portion of a vehicle equipped with the vehicular imaging system, wherein the camera device comprises a pivotable arm that accommodates a camera; wherein the pivotable arm is pivotally mounted at a mounting base and is pivotable relative to the mounting base between at least a drive position, where the pivotable arm and camera are extended outward from the exterior portion of the vehicle so that the camera is positioned for viewing rearward of the vehicle, and a folded position, where the pivotable arm and camera are pivoted inward from the drive position toward the vehicle; an actuator comprising a pivot post structure attached to the mounting base and an output gear disposed at the pivot post structure; wherein the actuator comprises an electrically operated motor operable to pivot the pivotable arm about the output gear; wherein the actuator comprises a biasing element disposed within and circumscribed by the output gear, and wherein the biasing element (i) imparts a biasing force at the output gear to urge the output gear downward along the pivot post structure toward the mounting base and (ii) imparts a biasing force at a middle detent element to urge the middle detent element upward along the pivot post structure into engagement with a lower detent surface of the pivot post structure; wherein the actuator comprises a primary detent interface that is engaged to maintain the pivotable arm at the drive position when the pivotable arm is pivoted to the drive position; wherein the actuator comprises a secondary detent interface; and wherein the pivotable arm is manually pivotable relative to the mounting base, and wherein, when the pivotable arm is manually pivoted between the folded position and the drive position, the secondary detent interface is disengaged.
2. The vehicular imaging system of claim 1, wherein (i) a base portion of the pivot post structure comprises an upper detent surface, (ii) a lower housing portion comprises a lower detent surface, (iii) the middle detent element comprises an upper detent surface, (iv) an upper detent element comprises the lower detent surface of the pivot post structure, and (v) the biasing element is disposed between the output gear and the middle detent element.
3. The vehicular imaging system of claim 2, wherein the lower housing portion is disposed along the pivot post structure, and wherein the lower detent surface of the lower housing portion engages the upper detent surface of the base portion of the pivot post structure.
4. The vehicular imaging system of claim 3, wherein the output gear is rotatably disposed along the pivot post structure, and wherein ramp portions of the output gear engage lift ramps of the base portion of the pivot post structure, and wherein the output gear is movable between a raised position and a lowered position along the pivot post structure as the ramp portions engage and travel along the lift ramps.
5. The vehicular imaging system of claim 4, wherein the middle detent element is disposed along the pivot post structure, and wherein at least a portion of the middle detent element is disposed within a cavity of the output gear.
6. The vehicular imaging system of claim 5, wherein the middle detent element is rotatably fixed relative to the output gear.
7. The vehicular imaging system of claim 5, wherein the biasing element is disposed entirely within the cavity of the output gear.
8. The vehicular imaging system of claim 7, wherein the upper detent element receives the pivot post structure and is rotatably fixed relative to the pivot post structure.
9. The vehicular imaging system of claim 8, wherein the middle detent element, the biasing element, the output gear, and the lower housing portion are disposed along the pivot post structure between the lower detent surface of the upper detent element and the base portion of the pivot post structure.
10. The vehicular imaging system of claim 2, wherein the primary detent interface comprises part of the upper detent surface of the base portion and a correspondingly formed part of the lower detent surface of the lower housing portion, and wherein the secondary detent interface comprises part of the upper detent surface of the middle detent element and a correspondingly formed part of the lower detent surface of the pivot post structure.
11. The vehicular imaging system of claim 2, wherein the biasing element urges the middle detent element into engagement with the upper detent element.
12. The vehicular imaging system of claim 1, wherein the biasing element comprises a wave spring.
13. The vehicular imaging system of claim 1, comprising an electronic control unit (ECU) having electronic circuitry and associated software, wherein the camera, when the pivotable arm is in the drive position, captures image data and provides the captured image data to the ECU, and wherein the ECU processes the provided captured image data for at least one selected from the group consisting of (i) display of video images derived from video image data captured by the camera and provided to the ECU and (ii) detection of objects present in a field of view of the camera.
14. The vehicular imaging system of claim 1, wherein, when the pivotable arm is pivoted between the folded position and the drive position via the actuator, the secondary detent interface is engaged to fix the output gear relative to the pivot post structure and the primary detent interface is disengaged.
15. A vehicular imaging system, the vehicular imaging system comprising: a camera device disposed at an exterior portion of a vehicle equipped with the vehicular imaging system, wherein the camera device comprises a pivotable arm that accommodates a camera; wherein the pivotable arm is pivotally mounted at a mounting base and is pivotable relative to the mounting base between at least a drive position, where the pivotable arm and camera are extended outward from the exterior portion of the vehicle so that the camera is positioned for viewing rearward of the vehicle, and a folded position, where the pivotable arm and camera are pivoted inward from the drive position toward the vehicle; a detent assembly attached at the pivotable arm; a cable drive actuator operable to pivot the detent assembly to pivot the pivotable arm between the folded position and the drive position; and wherein the detent assembly comprises a (i) primary detent that is engaged when the pivotable arm is pivoted between the folded position and the drive position via operation of the cable drive actuator, (ii) a secondary detent that is engaged to maintain the pivotable arm at the drive position when the pivotable arm is manually pivoted to the drive position, and (iii) a locking component that is engaged when the pivotable arm is manually pivoted between the folded position and the drive position.
16. The vehicular imaging system of claim 15, wherein the cable drive actuator is positioned remote from the detent assembly and is operable to pivot the detent assembly by pulling a flexible cable connected at the cable drive actuator and the detent assembly.
17. The vehicular imaging system of claim 16, wherein pulling the flexible cable pivots a cable pull arm attached to the detent assembly to pivot the pivotable arm.
18. The vehicular imaging system of claim 17, wherein the locking component, when engaged, engages the cable pull arm and the mounting base to fix the cable pull arm to the mounting base when the pivotable arm is manually pivoted between the folded position and the drive position.
19. The vehicular imaging system of claim 17, wherein, when the cable drive actuator is operated to pivot the pivotable arm toward the drive position, the cable drive actuator pulls the flexible cable to pivot the cable pull arm in a first direction, and wherein, when the cable drive actuator is operated to pivot the pivotable arm toward the folded position, the cable drive actuator releases the flexible cable to pivot the cable pull arm in a second direction opposite the first direction.
20. The vehicular imaging system of claim 19, wherein the cable drive actuator comprises a torsion spring that biases the cable pull arm in the second direction.
21. The vehicular imaging system of claim 15, wherein the detent assembly comprises an internal biasing element that imparts a biasing force at the primary detent to urge the primary detent into engagement.
22. The vehicular imaging system of claim 15, wherein, when the pivotable arm is manually pivoted between the folded position and the drive position, the primary detent is not engaged.
23. The vehicular imaging system of claim 22, wherein, when the pivotable arm is manually pivoted to a position between the folded position and the drive position, the secondary detent is not engaged.
24. The vehicular imaging system of claim 15, wherein, when the pivotable arm is in the folded position, the pivotable arm is at least partially received in a recess at the exterior portion of the vehicle.
25. The vehicular imaging system of claim 15, wherein the pivotable arm is manually pivotable to a forward fold position, where the pivotable arm and camera are pivoted beyond the drive position in an opposite direction from the folded position.
26. The vehicular imaging system of claim 25, wherein, when the pivotable arm is pivoted from the drive position toward the forward fold position, the pivotable arm is at least partially received in a forward cavity at the exterior portion of the vehicle, and wherein the pivotable arm, when the pivotable arm is pivoted from the drive position toward the forward fold position, is biased toward the drive position.
27. The vehicular imaging system of claim 26, comprising a forward flap assembly that seals the forward cavity when the pivotable arm is between the folded position and the drive position.
28. The vehicular imaging system of claim 27, wherein the forward flap assembly, when the pivotable arm is pivoted from the drive position toward the forward fold position, engages the pivotable arm and biases the pivotable arm toward the drive position.
29. The vehicular imaging system of claim 15, comprising an electronic control unit (ECU) having electronic circuitry and associated software, wherein the camera, when the pivotable arm is in the drive position, captures image data and provides the captured image data to the ECU, and wherein the ECU processes the provided captured image data for at least one selected from the group consisting of (i) display of video images derived from video image data captured by the camera and provided to the ECU and (ii) detection of objects present in a field of view of the camera.
30. A vehicular imaging system, the vehicular imaging system comprising: a camera device disposed at an exterior portion of a vehicle equipped with the vehicular imaging system, wherein the camera device comprises a pivotable arm that accommodates a camera; wherein the pivotable arm is pivotally mounted at a mounting base and is pivotable relative to the mounting base between at least a drive position, where the pivotable arm and camera are extended outward from the exterior portion of the vehicle so that the camera is positioned for viewing rearward of the vehicle, and a folded position, where the pivotable arm and camera are pivoted inward from the drive position toward the vehicle; an electronic control unit (ECU) having electronic circuitry and associated software, wherein the camera, when the pivotable arm is in the drive position, captures image data and provides the captured image data to the ECU, and wherein the ECU processes the provided captured image data for at least one selected from the group consisting of (i) display of video images derived from video image data captured by the camera and provided to the ECU and (ii) detection of objects present in a field of view of the camera; an actuator comprising a pivot post structure attached to the mounting base and an output gear disposed at the pivot post structure; wherein the actuator comprises an electrically operated motor operable to pivot the pivotable arm about the output gear; wherein the actuator comprises a biasing element disposed within and circumscribed by the output gear, and wherein the biasing element (i) imparts a biasing force at the output gear to urge the output gear downward along the pivot post structure toward the mounting base and (ii) imparts a biasing force at a middle detent element to urge the middle detent element upward along the pivot post structure into engagement with a lower detent surface of the pivot post structure; wherein the actuator comprises a primary detent interface that is engaged to maintain the pivotable arm at the drive position when the pivotable arm is pivoted to the drive position; wherein the actuator comprises a secondary detent interface; wherein, when the pivotable arm is pivoted between the folded position and the drive position via the actuator, the secondary detent interface is engaged to fix the output gear relative to the pivot post structure and the primary detent interface is disengaged; and wherein the pivotable arm is manually pivotable relative to the mounting base, and wherein, when the pivotable arm is manually pivoted between the folded position and the drive position, the secondary detent interface is disengaged.
31. The vehicular imaging system of claim 30, wherein (i) a base portion of the pivot post structure comprises an upper detent surface, (ii) a lower housing portion comprises a lower detent surface, (iii) the middle detent element comprises an upper detent surface, (iv) an upper detent element comprises the lower detent surface of the pivot post structure, (v) the biasing element is disposed between the output gear and the middle detent element, (vi) the lower housing portion is disposed along the pivot post structure, and (vii) the lower detent surface of the lower housing portion engages the upper detent surface of the base portion of the pivot post structure.
32. The vehicular imaging system of claim 31, wherein the output gear is rotatably disposed along the pivot post structure, and wherein ramp portions of the output gear engage lift ramps of the base portion of the pivot post structure, and wherein the output gear is movable between a raised position and a lowered position along the pivot post structure as the ramp portions engage and travel along the lift ramps.
33. The vehicular imaging system of claim 31, wherein the middle detent element, the biasing element, the output gear, and the lower housing portion are disposed along the pivot post structure between the lower detent surface of the upper detent element and the base portion of the pivot post structure.
34. The vehicular imaging system of claim 31, wherein the primary detent interface comprises part of the upper detent surface of the base portion and a correspondingly formed part of the lower detent surface of the lower housing portion, and wherein the secondary detent interface comprises part of the upper detent surface of the middle detent element and a correspondingly formed part of the lower detent surface of the pivot post structure.
Claims 1-14 are anticipated by U.S. Patent No. 11,912,204 claims 1-34 as show in the table above.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten to overcome the rejection(s) under nonstatutory obviousness-type double patenting set forth in this office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHYOUN PARK whose telephone number is (571)270-1333. The examiner can normally be reached M - Thur 6:00 am - 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, THAI Q TRAN can be reached on (571)272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SUNGHYOUN PARK/Examiner, Art Unit 2484
Prosecution Insights