`
`UNITED STATES PATENT AND TRADEMARK OFF“ .‘F.
`
`['NITICD S'I'Am‘i DEPARTEHENT (1F CDMMISRCE
`L'njtetl Stalls Patent and Trademark OII'Ice
`Addicss: (.‘OMMESSIONER 130R I’A'I‘IZN'l'S
`PI} Box [430
`Alexandria. vugimu 22113-145”
`wwwllsplngnv
`
`APPLICA'HON N0.
`FILING DATE
`lilRS'I'NAMEI) INVENI‘OR
`A'E'I‘ORNEY DOCKET NO.
`CONFIRMATION N0.
`
`13m?! .169
`03:24am I
`Niall R. Lynam
`[)ONm P— l (:95
`3459
`
`11:15:20“
`7590
`23101
`VAN DYKE, GARDNER LINN 3: BURKI-[AR'R LLP
`S [.1 I'll": 20?
`285! (.‘i-lARI.HVOIX DRIVE. $.13.
`gms M149546
`
`:
`
`a
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`,1
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`AMARI. ALESSANDRO v
`
`2371
`
`MAEI. DATE
`DELIVERY MODE
`
`i | I | 0201 |
`PA PIER
`
`Please find below andfor attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any. is set in the attached communication.
`
`PTO] .—90A (Rev. 04M?)
`
`Patent Owner Magna - Ex. 2005, p. 1
`Patent Owner Magna - Ex. 2005, p. 1
`
`
`
`
`Application No.
`Applicant(s)
`
`13I'07‘I .159
`
`LYNAM, NIALL Fi.
`
`Office Action Summary
`
`Examiner
`
`M Uni,
`
`
`—-
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTEN ED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS) OR THIRTY (30) DAYS.
`WHICHEVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of a? CFFt 1.136ta].
`In no event. however. may a reply be timely filed
`alter SIX (6) MONTHS Item the maiiing date of this communication.
`It NO period for reply is specified above. the maximum statutory period will apply and witl expire SIX [Si MONTHS irom the mailing date of this communication.
`-
`— Failure to reply within the set or extended period for reply will. by stalule, cause the application to become ABANDONED (35 U.S_C_ § 133).
`Any reply received by the Office later than three months after the mailing date of this communication. even if timely filed. may reduce any
`earned patent term adjustment. See 3? CFR 1.?04(b)
`
`Status
`
`HIE Responsive to communicationis) filed on 06 Segtember2011.
`
`2b)E This action is non-final.
`2a)l:l This action is FINAL.
`3)|:[ An election was made by the applicant in response to a restriction requirement set forth during the interview on
`_; the restriction requirement and election have been incorporated into this action.
`
`4)]:[ Since this application is in condition for allowance except for formal matters. prosecution as to the merits is
`closed in accordance with the practice under EX parte Ouayie, 1935 CD. 11,453 0.6. 213.
`
`Disposition of Claims
`
`3% Claimis) 1-26 isiare pending in the application.
`5a) Of the above claimis)
`isiare withdrawn from consideration.
`5 I] Ctaimis}
`isiare allowed.
`
`isiare objected to.
`
`are subject to restriction andtor election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`NH] The drawingis) filed on _ isiare: a)I:| accepted or oil] objected to by the Examiner.
`Applicant may not request that any objection to the drawingis) be held in abeyance. See 37 CFR 1.851aj.
`
`Fteplacementdrawing sheetisi including the correction is required if the drawingis} is objected to. See 37 CFR 1.121(d).
`
`12H] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO—152.
`
`Priority under 35 use. § 119
`
`13)i:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`a)I:I All b)|:| Some * ch| None of:
`11:! Certified copies of the priority documents have been received.
`
`21] Certified copies of the priority documents have been received in Application No. _
`SCI Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Ftule 17.2(ajj.
`
`‘ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachmenfis}
`
`
`
`4) I] interview Summary (PTO-413}
`1) El Notice of References Cited (PTO-892}
`Paper Nojsji’MaiI 0319- _
`2] El Notice of Drafisperson's Patent Drawing Review [PTO-948]
`3} [:I lniom'lation Disclosure Stats-mantis} {worsens}
`5} I:I Notice of Informal Patent Application
`Paper NoisjiMail Date
`.
`a) I] Other:
`
`US. Patent and Trademark Office
`F'TOL'326 (REV. 03-11)
`
`Office Action Summary
`
`Part of Paper NojiVIaiI Date 20111109
`
`Patent Owner Magna - Ex. 2005, p. 2
`Patent Owner Magna - Ex. 2005, p. 2
`
`
`
`ApplicationiControl Number: 13i071,159
`Art Unit: 2872
`
`Page 2
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`DETAILED ACTION
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`Terminal Disciaimer
`
`The terminal disclaimer filed on 6 September 2011 disciaiming the terminal
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`portion of any patent granted on this application which would extend beyond the
`
`expiration date of US 7934843 has been reviewed and is accepted. The terminal
`
`disclaimer has been recorded.
`
`Doubie Paton ting
`
`Claims 1-26 are provisionally rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1-27 of
`
`copending Application No. 13i071,174. Although the conflicting claims are not identical,
`
`they are not patentably distinct from each other because the claim combinations recite
`
`essentially the same subject matter and claim 1 in the instant invention is broader than
`
`claim 1
`
`in 13i071,174.
`
`This is a provisional obviousness-type double patenting rejection because the
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`conflicting claims have not in fact been patented.
`
`Ciaim Rejections - 35 USC § 102
`
`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:
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`A person shall be entitled to a patent unless —
`
`(e) the invention was described in (1) an application for patent. published under section 122(b), by
`another tiled in the United States before the invention by the applicant for patent or (2} a patent
`granted on an application for patent by another tiled in the United States before the invention by the
`
`Patent Owner Magna - Ex. 2005, p. 3
`Patent Owner Magna - EX. 2005, p. 3
`
`
`
`ApplicationfControl Number: 13f071,159
`Art Unit: 2872
`
`Page 3
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`applicant for patent. except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
`
`Claims 1-26 are rejected under 35 U.S.C. 102(e) as being anticipated by Lynam
`
`et al (hereafter “Lynam") US 20030072026.
`
`The applied reference has a common inventor with the instant application.
`
`Based upon the earlier effective U.S. filing date of the reference, it constitutes prior art
`
`under 35 U.S.C. 102(e). This rejection under 35 U.S.C. 102(e) might be overcome
`
`either by a showing under 37 CFR 1.132 that any invention disclosed but not claimed in
`
`the reference was derived from the inventor of this application and is thus not the
`
`invention “by another,” or by an appropriate showing under 37 CFR 1.131.
`
`In regard to claim 1, Lynam discloses (see Figures 3-9) an exterior sideview
`
`mirror system suitable for use on an automobile. said exterior sideview mirror system
`
`comprising: an exterior sideview mirror assembly (12) adapted for attachment to a side
`
`of an automobile; said exterior sideview mirror assembly including a reflective element
`
`(30) having a rearward field of view when attached to the side of the automobile; said
`
`reflective element attached to an electrically-operated actuator (36) of said exterior
`
`sideview mirror assembly and movable by said actuator in order to position said
`
`rearward field of view to a driver-desired position when said exterior sideview mirror
`
`assembly is attached to the side of the automobile as described in paragraph [0036];
`
`wherein said reflective element comprises a plane-auxiliary reflective element
`
`assembly, said piano-auxiliary reflective element assembly comprising a piano reflective
`
`eiement having unit magnification and a separate auxiliary reflective element having a
`
`Patent Owner Magna - Ex. 2005, p. 4
`Patent Owner Magna - Ex. 2005, p. 4
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`
`
`ApplicationfControl Number: 13f071,159
`Art Unit: 2872
`
`Page 4
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`curvature as described in paragraph [0015] and as shown in Figures 5A-5H; said piano
`
`reflective element and said auxiliary reflective element of said piano-auxiliary reflective
`
`element assembly mounted adjacently at said piano-auxiliary reflective element
`
`assembly in a side~by-side relationship and not superimposed with one reflective
`
`element on top of the other reflective element as shown in Figures 5a—5l-i; said piano
`
`reflective element and said auxiliary reflective element supported at a backing plate
`
`eiernent (60, 160}, said backing plate element mounting to said actuator such that
`
`movement of said backing plate element of said piano-auxiliary reflective dement
`
`assembly by said actuator simultaneously and similarly moves said piano reflective
`
`element and said auxiliary reflective element as described in paragraph [0042]; said
`
`auxiliary reflective element having a wide-angle field of view encompassing a blind spot
`
`in the side lane adjacent the side of the automobile to which said exterior sideview
`
`mirror assembly is attached as described in paragraph [0058]; said backing plate
`
`element having a first support portion supporting said piano reflective element and a
`
`second support portion supporting said auxiliary reflective element as shown in Figures
`
`3 and 6; wherein said auxiliary reflective element is positioned at an outboard portion of
`
`said piano-auxiliary reflective element assembly when said exterior sideview mirror
`
`assembly is mounted to the side of the automobile as shown in Figures 5A-5H and as
`
`described in paragraph [0057]; wherein said backing plate element comprises a
`
`polymeric substrate that is formed as a single element by injection molding of a
`
`polymeric resin as described in paragraph [0050]; wherein said backing plate element is
`
`capable of supporting said piano reflective element and said auxiliary reflective element
`
`Patent Owner Magna - Ex. 2005, p. 5
`Patent Owner Magna - EX. 2005, p. 5
`
`
`
`ApplicationiControl Number: 13f071,159
`Art Unit: 2872
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`Page 5
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`as described in paragraph [0050]; wherein said first support portion of said backing
`
`piate element comprises a flat portion and wherein said piano reflective eiement is
`
`disposed at said flat portion as described in paragraph [0050]; wherein said second
`
`support portion of said backing plate element comprises a curved portion and wherein
`
`said auxiliary reflective element is disposed at said curved portion; wherein the reanivard
`
`field of view of said auxiliary reflective element is different from and angled to the
`
`rearward field of view of said piano reflective element when both are attached to said
`
`backing plate element of said piano~auxi|iary reflective element assembly when said
`
`piano-auxiliary reflective element assembly is included in said exterior sideview mirror
`
`assembly and when said exterior sideview mirror assembly is attached to the side of the
`
`automobile as described in paragraphs [0042] and [0051]; wherein angling of the
`
`reanivard field of view of said auxiliary refiective element relative to the rearward field of
`
`view of said piano reflective element is achieved, at least in part, by an angling of said
`
`second support portion of said backing plate element supporting said auxiliary reflective
`
`eiement relative to said first support portion of said backing plate element supporting
`
`said piano reflective element as described in paragraph [0059]; wherein, when said
`
`exterior sideview mirror assembly is attached to the side of the automobile, the field of
`
`view of said piano reflective element generally views rearwardiy of the equipped
`
`automobile and the field of view of said auxiliary reflective eiement generally views
`
`towards a blind spot in the side lane adjacent the side of the automobile to which said
`
`exterior sideview mirror assembly is attached, said blind spot being generally outside
`
`the rearward field of view of said piano reflective element when said piano reflective
`
`Patent Owner Magna - Ex. 2005, p. 6
`Patent Owner Magna - EX. 2005, p. 6
`
`
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`Applicatioanontrol Number: 13i071,159
`Art Unit: 2872
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`Page 6
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`element is viewed by a driver of the equipped automobile when said exterior sideview
`
`mirror assembly is attached to the side of the automobile as described in paragraphs
`
`[0052], [0058] and [0059]; wherein at least one of said piano reflective element and said
`
`auxiliary reflective element comprises one of (a) a glass substrate having a surface
`
`coated with a metallic reflector coating and (b) a polymeric substrate having a thin glass
`
`eiement applied to a surface thereof and with an opposing surface thereof having a
`
`reflecting layer applied thereto as described in paragraph [0043]; wherein said piano
`
`reflective element and said auxiliary reflective element are adjacently supported at said
`
`backing plate element at a joint, and wherein said piano-auxiliary reflective element
`
`assembly includes a demarcation element (65, 165), said demarcation element
`
`disposed at said joint to form a demarcation between said plano reflective element and
`
`said auxiliary reflective element, said demarcation element having a portion visible to a
`
`driver of the automobile when said exterior sideview mirror assembly is attached to the
`
`side of the automobile as described in paragraph [0051] and as shown in Figures 3 and
`
`6; wherein at least a portion of said auxiliary reflective element adjacent said piano
`
`reflective element has its front surface generally coplanar with the front surface of said
`
`piano reflective element as described in paragraph [0048]; wherein said demarcation
`
`element is dark colored as described in paragraph [0051]; wherein said demarcation
`
`eiement comprises a polymer material as described in paragraph [0051]; wherein said
`
`joint comprises a space between said piano reflective element and said auxiliary
`
`reflective element as described in paragraph [0051] and as shown in Figures 3, 6, 8 and
`
`9; wherein said demarcation element is at least partially disposed at said space
`
`Patent Owner Magna - Ex. 2005, p. 7
`Patent Owner Magna - EX. 2005, p. 7
`
`
`
`ApplicationiControl Number: 13i071,159
`Art Unit: 2872
`
`Page 7
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`between said plano reflective element and said auxiliary reflective element as shown in
`
`Figures 3, 6, 8 and 9; and wherein said demarcation element comprises a wall on said
`
`backing plate element, said wall located on said backing plate element at said joint, said
`
`wall disposed between said plane reflective element and said auxiliary reflective
`
`eiement as shown in Figure 6 and as described in paragraph [0051].
`
`Regarding claim 2, Lynam discloses that the rearward field of view of said
`
`auxiliary reflective element is at an angle of at least about 3 degrees relative to the
`
`reanivard field of view of said piano reflective element as described in paragraph [0059].
`
`Regarding claim 3, Lynam discloses that the rearward field of view of said
`
`auxiliary reflective element is angled downward and outward relative to the rearward
`
`field of view of said piano reflective element as described in paragraph [0059].
`
`Regarding claim 4, Lynam discloses that the rearward field of view of said
`
`auxiliary reflective element is generally directed at least one of outwardly and
`
`downwardly with respect to the longitudinal axis of the equipped automobile when said
`
`exterior sideview mirror assembly is attached to the side of the automobile as described
`
`in paragraph [0059].
`
`Regarding claim 5, Lynam discloses that the rearward field of view of said
`
`auxiliary reflective element is generally directed outwardly and downwardly with respect
`
`to the longitudinal axis of the equipped automobile when said exterior sideview mirror
`
`assembly is attached to the side of the automobile as described in paragraphs [0013],
`
`[0058] and [0059].
`
`Patent Owner Magna - Ex. 2005, p. 8
`Patent Owner Magna - EX. 2005, p. 8
`
`
`
`Applicatioanontrol Number: 13i071,159
`Art Unit: 2872
`
`Page 8
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`Regarding claim 6, Lynam discloses that said piano reflective element is
`
`supported at said backing plate element by at least one of an adhesive attachment and
`
`a mechanical attachment and wherein said auxiliary reflective element is supported at
`
`said backing plate element by at least one of an adhesive attachment and a mechanical
`
`attachment, and wherein said auxiliary reflective element comprises a glass substrate
`
`having a surface coated with a metallic reflector coating and wherein said auxiliary
`
`reflective element comprises a bent glass substrate with a spherical curvature as
`
`described in paragraph [004?] and [0055].
`
`Regarding claim 7, Lynam discloses that said piano reflective element comprises
`
`a flat glass substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a bent glass substrate having a
`
`surface coated with a metallic reflector coating, and wherein said bent glass substrate
`
`has a spherical curvature as described in paragraph [004?] and [0055].
`
`Regarding claim 8, Lynam discloses that said plane reflective element comprises
`
`a flat glass substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a bent glass substrate having a
`
`surface coated with a metallic reflector coating, and wherein said bent glass substrate
`
`has a muitiradius curvature as described in paragraph [0047].
`
`Regarding claim 9, Lynam discloses that said plane reflective element comprises
`
`a flat glass substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a bent glass substrate having a
`
`Patent Owner Magna - Ex. 2005, p. 9
`Patent Owner Magna - EX. 2005, p. 9
`
`
`
`Applicatioanontrol Number: 13i071,159
`Art Unit: 2872
`
`Page 9
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`surface coated with a metallic reflector coating, and wherein said bent glass substrate
`
`has an aspherical curvature as described in paragraph [0005] and [0080].
`
`Regarding claim 10, Lynam discloses that said piano reflective element
`
`comprises a substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a substrate having a surface coated
`
`with a metallic reflector coating as described in paragraph [0043] and [0047].
`
`Regarding claim 11, Lynam discloses that said curved portion of said backing
`
`piate element comprises a curvature corresponding to a curvature of said auxiliary
`
`reflective element, and wherein said curved portion of said backing plate element
`
`comprises at least one of (a) a spherical curvature, (b) an aspherical curvature and (c) a
`
`multiradius curvature as shown in Figures 3 and 6.
`
`Regarding claim 12, Lynam discloses that said demarcation element comprises a
`
`wall structure that at least partially partitions said backing plate element into a first
`
`region where said piano reflective element is disposed and a separate and adjacent
`
`second region where said auxiliary reflective element is disposed, and wherein at least
`
`one of (a) said first region is adapted to receive said plano reflective element and (b)
`
`said second region is adapted to receive said auxiliary reflective element as described
`
`in paragraph [0051] and as shown in Figure 6.
`
`Regarding claim 13, Lynam discloses that said auxiliary reflective element
`
`comprises a heater element operable to demistfdeice the outmost surface of said
`
`auxiliary reflective element when said auxiliary reflective element is disposed at said
`
`Patent Owner Magna - Ex. 2005, p. 10
`Patent Owner Magna - EX. 2005, p. 10
`
`
`
`Applicatioanontrol Number: 13r071,1se
`Art Unit: 2872
`
`Page 10
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`backing plate element and when said exterior sideview mirror assembly is attached and
`
`operated on the side of the automobile as described in paragraph [0054].
`
`Regarding claim 14, Lynam discloses that said exterior sideview mirror assembly
`
`including said piano-auxiliary reflective element having a rearward field of view when
`
`attached to the side of the automobile comprises a driver-side exterior sideview mirror
`
`assembly. and wherein, when attached to the side of the automobile, said driver-side
`
`exterior sideview mirror assembly provides to the driver of the equipped automobile a
`
`total field of view that generally subtends an angle of at least about 25 degrees with
`
`respect to the side of the equipped automobile as described in paragraph [0046].
`
`Regarding claim 15, Lynam discloses that said auxiliary reflective element has an
`
`aspherical curvature as described in paragraph [0083].
`
`Regarding claim 16, Lynam discloses that said auxiliary reflective element has a
`
`spherical curvature as described in paragraph [0083].
`
`Regarding claim 17, Lynam discloses that the ratio of the width of said piano
`
`reflective element to the width of said auxiliary reflective element is greater than 1.5 as
`
`described in paragraph [0039].
`
`Regarding claim 18, Lynam discloses that said exterior sideview mirror assembly
`
`comprises a door-mounted exterior sideview mirror assembly adapted for attachment to
`
`a side of the automobile adjacent a driver seating location of a driver of the automobile
`
`and wherein the rearward field of view of said auxiliary reflective element generally
`
`views downwardly towards the road surface adjacent to the driver seating location at
`
`Patent Owner Magna - Ex. 2005, p. 11
`Patent Owner Magna - Ex. 2005, p. 11
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`
`
`ApplicationiControl Number: 13i071,159
`Art Unit: 2872
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`Page 11
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`least at a distance in the range of about 1 foot to about 24 feet to the rear of the driver
`
`seating location as described in paragraph [0059].
`
`Regarding claim 19, Lynam discloses that at least one of said piano reflective
`
`eiement and said auxiliary reflective element comprises a glass substrate having a
`
`surface coated with a metallic reflector coating, and wherein said metallic reflector
`
`coating is selected from the group consisting of (i) a chromium coating, (ii) a titanium
`
`coating, (iii) a rhodium coating, (iv) a metal-alloy coating, (v) a nickel alloy coating, (vi)
`
`an aluminum coating and (vii) a silver coating as described in paragraph [0043].
`
`Regarding claim 20, Lynam discloses that said piano reflective element
`
`comprises an electro-optic reflective element as described in paragraph [0043].
`
`Regarding claim 21, Lynam discloses that said auxiliary reflective element
`
`comprises a fixed reflectance mirror reflector and said fixed reflectance mirror reflector
`
`comprises a curved substrate coated with a metallic reflector coating as described in
`
`paragraph [0055].
`
`Regarding claim 22, Lynam discloses that said curved substrate comprises a
`
`spherically bent glass substrate as described in paragraph [0055] and Figures 3 and 6.
`
`In regard to claim 23, Lynam discloses (see Figures 3-9) an exterior sideview
`
`mirror system suitable for use on an automobile, said exterior sideview mirror system
`
`comprising: an exterior sideview mirror assembly (12) adapted for attachment to a side
`
`of an automobile; said exterior sideview mirror assembly including a reflective element
`
`(30) having a rearward field of view when attached to the side of the automobile; said
`
`reflective element attached to an electrically-operated actuator (36) of said exterior
`
`Patent Owner Magna - Ex. 2005, p. 12
`Patent Owner Magna - Ex. 2005, p. 12
`
`
`
`ApplicationfControl Number: 13f071,159
`Art Unit: 2872
`
`Page 12
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`sideview mirror assembly and movable by said actuator in order to position said
`
`rearward field of view to a driver-desired position when said exterior sideview mirror
`
`assembly is attached to the side of the automobiie as described in paragraph [0036];
`
`wherein said reflective element comprises a plano-auxiliary reflective element
`
`assembly, said piano-auxiliary reflective element assembly comprising a piano reflective
`
`eiement having unit magnification and a separate auxiliary reflective element having a
`
`curvature as described in paragraph [0015] and as shown in Figures 5A-5H; said plano
`
`reflective element and said auxiliary reflective element of said plano~auxiliary reflective
`
`element assembly mounted adjacentiy at said piano-auxiliary reflective element
`
`assembly in a side-by-side relationship and not superimposed with one reflective
`
`element on top of the other reflective element as shown in Figures 5a-5H; said plano
`
`reflective element and said auxiliary reflective element supported at a backing plate
`
`eiement (60, 160}, said backing plate element mounting to said actuator such that
`
`movement of said backing plate element of said piano-auxiliary reflective clement
`
`assembly by said actuator simultaneously and similarly moves said piano reflective
`
`element and said auxiliary reflective element as described in paragraph [0042]; said
`
`auxiliary reflective element having a wide-angle field of view encompassing a blind spot
`
`in the side lane adjacent the side of the automobile to which said exterior sideview
`
`mirror assembly is attached as described in paragraph [0058]; said backing plate
`
`eiement having a first support portion supporting said plano reflective element and a
`
`second support portion supporting said auxiliary reflective element as shown in Figures
`
`3 and 8; wherein said auxiliary reflective element is positioned at an outboard portion of
`
`Patent Owner Magna - Ex. 2005, p. 13
`Patent Owner Magna - EX. 2005, p. 13
`
`
`
`ApplicationiControl Number: 13i071,159
`Art Unit: 2872
`
`Page 13
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`said piano-auxiliary reflective element assembly when said exterior sideview mirror
`
`assembly is mounted to the side of the automobile as shown in Figures 5A-5H and as
`
`described in paragraph [005?]; wherein said backing plate element comprises a
`
`polymeric substrate that is formed as a single element by injection molding of a
`
`polymeric resin as described in paragraph [0050]; wherein said backing plate element is
`
`capable of supporting said piano reflective element and said auxiliary reflective element
`
`as described in paragraph [0050]; wherein said first support portion of said backing
`
`piate element comprises a flat portion and wherein said piano reflective element is
`
`disposed at said flat portion as described in paragraph [0050]; wherein said second
`
`support portion of said backing plate element comprises a curved portion and wherein
`
`said auxiliary reflective element is disposed at said curved portion; wherein the rearward
`
`field of view of said auxiiiary reflective element is different from and angled to the
`
`reanivard field of view of said piano reflective element when both are attached to said
`
`backing plate element of said piano-auxiliary reflective element assembly when said
`
`piano-auxiliary reflective element assembly is included in said exterior sideview mirror
`
`assembly and when said exterior sideview mirror assembly is attached to the side of the
`
`automobile as described in paragraphs [0042] and [0051]; wherein angling of the
`
`rearward field of view of said auxiliary reflective element relative to the rearward field of
`
`view of said piano reflective element is achieved, at least in part, by an angling of said
`
`second support portion of said backing plate element supporting said auxiliary reflective
`
`eiement relative to said first support portion of said backing plate element supporting
`
`said piano reflective element as described in paragraph [0059]; wherein, when said
`
`Patent Owner Magna - Ex. 2005, p. 14
`Patent Owner Magna - Ex. 2005, p. 14
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`
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`ApplicationiControl Number: 13i071,159
`Art Unit: 2872
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`Page 14
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`exterior sideview mirror assembly is attached to the side of the automobile, the field of
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`view of said plano reflective element generally views reanNardly of the equipped
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`automobile and the field of view of said auxiliary reflective eiement generally views
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`towards a blind spot in the side lane adjacent the side of the automobile to which said
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`exterior sideview mirror assembly is attached, said blind spot being generally outside
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`the rearward field of view of said plano reflective element when said plano reflective
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`eiement is viewed by a driver of the equipped automobile when said exterior sideview
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`mirror assembly is attached to the side of the automobile as described in paragraphs
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`[0052], [0058] and [0059]; wherein at least one of said plano reflective element and said
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`auxiliary reflective element comprises one of (a) a glass substrate having a surface
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`coated with a metallic reflector coating and (b) a polymeric substrate having a thin glass
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`element applied to a surface thereof and with an opposing surface thereof having a
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`reflecting layer applied thereto as described in paragraph [0043]; wherein said auxiliary
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`reflective element comprises a fixed reflectance mirror reflector and wherein said fixed
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`reflectance mirror reflector comprises a curved substrate coated with a metallic reflector
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`coating as described in paragraph [0055]; and wherein said plano reflective element
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`and said auxiliary reflective element are adjacently supported at said backing plate
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`element at a joint and wherein said joint comprises a space between said plano
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`reflective element and said auxiliary reflective element and wherein a well located on
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`said backing plate element at said joint is disposed between said piano reflective
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`eiement and said auxiliary reflective element as described in paragraph [0051] and as
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`shown in Figure 6.
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`Patent Owner Magna - Ex. 2005, p. 15
`Patent Owner Magna - EX. 2005, p. 15
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`
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`ApplicationiControl Number: 13f071,159
`Art Unit: 2872
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`Page 15
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`Regarding claim 24, Lynam discloses that said piano reflective element
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`comprises a glass substrate having a surface coated with a metallic reflector coating as
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`described in paragraph [004?], wherein said auxiliary reflective element comprises a
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`fixed reflectance mirror reflector and wherein said fixed reflectance mirror reflector
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`comprises a spherically bent glass substrate coated with a metallic reflector coating,
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`wherein said curved portion of said backing plate element comprises a curvature
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`corresponding to a curvature of said auxiliary reflective element, wherein said wall at
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`least partially partitions said backing plate element into a first region where said plano
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`reflective element is disposed and a separate and adjacent second region where said
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`auxiliary reflective element is disposed, and wherein said first region is adapted to
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`receive said plano reflective element and said second region is adapted to receive said
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`auxiliary reflective element and wherein said exterior sideview mirror assembly including
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`said piano-auxiliary reflective element having a rearward field of view when attached to
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`the side of the automobile comprises a driver- side exterior sideview mirror assembly as
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`shown in Figures 3 and 6, and wherein, when attached to the side of the automobile,
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`said driver-side exterior sideview mirror assembly provides to the driver of the equipped
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`automobile a total field of view that generally subtends an angle of at least about 25
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`degrees with respect to tile side of the equipped automobile as described in paragraph
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`[0046].
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`In regard to claim 25, Lynam discloses (see Figures 3-9) an exterior sideview
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`mirror system suitable for use on an automobile, said exterior sideview mirror system
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`comprising: an exterior sideview mirror assembly (12) adapted for attachment to a side
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`Patent Owner Magna - Ex. 2005, p. 16
`Patent Owner Magna - EX. 2005, p. 16
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`
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`ApplicationfControl Number: 13f071,159
`Art Unit: 2872
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`Page 16
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`of an automobile; said exterior sideview mirror assembly including a reflective element
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`(30) having a rearward field of view when attached to the side of the automobile; said
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`reflective element attached to an electrically-operated actuator (36) of said exterior
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`sideview mirror assembly and movable by said actuator in order to position said
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`reanrvard field of view to a driver-desired position when said exterior sideview mirror
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`assembly is attached to the side of the automobile as described in paragraph [0036];
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`wherein said reflective element comprises a piano-auxiliary reflective element
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`assembly, said piano-auxiliary reflective element assembly comprising a plane reflective
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`element having unit magnification and a separate auxiliary reflective element having a
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`curvature as described in paragraph [0015] and as shown in Figures SA-SH; said piano
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`reflective element and said auxiliary reflective element of said piano-auxiliary reflective
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`element assembly mounted adjacentiy at said piano-auxiliary reflective element
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`assembly in a side-by-side relationship and not superimposed with one reflective
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`element on top of the other reflective element as shown in Figures 5a-5H; said piano
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`reflective