`TRAILER TOWING MIRROR ALONE OR IN VIEW OF ONE OR MORE OF THE NOTED SECONDARY REFERENCES
`
`A.
`
`U.S. Patent No. 7,934,843
`
`
`
`Claim 15
`
`2001 Dodge Ram Mirror
`
`a.
`
`(depends on claim 1)
`
`1. An exterior sideview
`mirror system suitable for
`use on an automobile, said
`exterior sideview mirror
`system comprising:
`
`The 2001 Dodge Ram Mirror is an exterior sideview mirror system suitable for use on an automobile.
`See, e.g., 2001 Dodge Ram Owner’s Manual (“Ram Manual”) at p. 64
`
`b.
`
`an exterior sideview mirror
`assembly adapted for
`attachment to a side of an
`automobile;
`
`The 2001 Dodge Ram Mirror is an exterior sideview mirror assembly adapted for attachment to a side
`of an automobile. See, e.g., Ram Manual p. 64.
`
`
`
`
`
`
`
`1
`
`
`SMR USA
`Exhibit 1004
`Page 001
`
`
`
`c.
`
`said exterior sideview
`mirror assembly including a
`reflective element having a
`rearward field of view when
`attached to the side of the
`automobile;
`
`
`
`
`
`The 2001 Dodge Ram Mirror includes a reflective element having a rearward field of view when
`attached to the side of the automobile. See, e.g., Ram Manual p. 64.
`
`
`
`
`
`
`
`d.
`
`said reflective element
`attached to an electrically-
`operated actuator of said
`exterior sideview mirror
`assembly and movable by
`said actuator in order to
`position said rearward field
`
`The 2001 Dodge Ram Mirror includes said reflective element attached to an electrically-operated
`actuator 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. See, e.g., Ram Manual at 63.
`
`2
`
`
`SMR USA
`Exhibit 1004
`Page 002
`
`
`
`of view to a driver-desired
`position when said exterior
`sideview mirror assembly is
`attached to the side of the
`automobile;
`
`
`
`To the extent the 2001 Dodge Ram Mirror does not disclose said reflective element attached to an
`electrically-operated actuator 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, a POSITA would have found this obvious in
`view of the Magna 2001 Dodge Ram Trailer Towing Mirror alone or in combination with one or more
`other references.
`
`
`
`See discussion of element d in the claim chart for the 2001 Dodge Ram mirror.
`
`See discussion of element d in the claim chart for the 2001 GMT800 mirror.
`
`See discussion of element d in the claim chart for Platzer 956.
`
`See discussion of element d in the claim chart for Platzer 731.
`
`See discussion of element d in the claim chart for Henion 013.
`
`See discussion of this element in the claim chart for Lynam 026.
`
`See EP0864465B1:
`
`3
`
`
`SMR USA
`Exhibit 1004
`Page 003
`
`
`
`“The reflective member 50 has a second integrally moulded socket formation 54 which
`engages with a spherical formation 56 of a screw jack drive unit 58, which may, for example,
`be as described in EP-A-0272047, and which includes an electric motor to enable the reflective
`member 50 to be pivoted relative to the housing 40 about an axis through the spherical
`formation 46 perpendicular to the plane of the drawing. A similar screw jack drive unit (not
`shown) has its jacking screw engaging with a third spherical socket (not shown) which is
`integrally moulded with the reflective member 50 to permit adjustment about an axis through
`the spherical formation 46 orthogonal to the first mentioned axis.” EP0864465B1 at [0011].
`
`EP0864465B1 at Fig. 4.
`
`
`
`See 49 C.F.R. § 571.111 (October 1, 1999):
`
`
`
`“The mirror shall not be obscured by the unwiped portion of the windshield, and shall be
`adjustable by tilting in both horizontal and vertical directions from the driver's seated position.”
`49 C.F.R. § 571.111 (October 1, 1999) at 318.
`
`See U.S. Pat. No. 6,328,451 at Figs. 1-4; 2:52-3:9.
`
`See U.S. Pat. No. 5,721,646 at Figs. 13-21 and accompanying text.
`
`See U.S. Pat. No. 6,984,048 at Figs. 1-4, 9 and accompanying text.
`
`See also U.S. Pat. No. 5,579,133 at Fig. 12 and accompanying text.
`
`See also U.S. Pat. No. 3,826,563 at Fig. 6 and accompanying text; 3:10-14.
`
`The Asserted Patents admit that an electrically actuated actuator is known in the automotive mirror art.
`See, e.g.:
`
`“Alternately, when actuator 136 comprises an electrically actuated actuator that is electrically
`operable incorporating at least one motor, control 137 can comprise a switch (which,
`preferably, is operable under control of the driver seated in cabin 125) or control 137 can
`
`4
`
`
`SMR USA
`Exhibit 1004
`Page 004
`
`
`
`e. wherein said reflective
`element comprises a plano-
`auxiliary reflective element
`assembly, said plano-
`auxiliary reflective element
`assembly comprising a
`plano reflective element
`having unit magnification
`and a separate auxiliary
`reflective element having a
`curvature;
`
`comprise a memory controller, as known in the automotive mirror art, that controls actuator
`136 to move the position of plano-multiradius reflective element assembly 130 to a pre-set
`orientation that suits the rearward field of view preference of an individual driver.” (US
`9,694,750 at 6:28-37)
`
`The applicants conceded that this limitation was known in the art and/or obvious during the
`prosecution of the ’750 Patent. See 11/25/2016 Office Action pp. 5, 12, 18.
`
`The 2001 Dodge Ram Mirror comprises a plano-auxiliary reflective element assembly, said plano-
`auxiliary reflective element assembly comprising a plano reflective element having unit magnification
`and a separate auxiliary reflective element having a curvature.
`
`
`
`Auxiliary reflective
`element having
`curvature
`
`Plano reflective
`element having unit
`magnification
`
`
`
`See also Ram Manual p. 64:
`
`5
`
`
`SMR USA
`Exhibit 1004
`Page 005
`
`
`
`
`
`The 2001 Dodge Ram Mirror includes said plano reflective element and said auxiliary reflective
`element of said plano-auxiliary reflective element assembly mounted adjacently at said plano-auxiliary
`reflective element assembly in a side-by-side relationship and not superimposed with one reflective
`element on top of the other reflective element. See, e.g., Ram Manual p. 64.
`
`
`
`
`
`f.
`
`said plano reflective
`element and said auxiliary
`reflective element of said
`plano-auxiliary reflective
`element assembly mounted
`adjacently at said plano-
`auxiliary reflective element
`assembly in a side-by-side
`relationship and not
`superimposed with one
`reflective element on top of
`the other reflective element;
`
`6
`
`
`SMR USA
`Exhibit 1004
`Page 006
`
`
`
`To the extent the 2001 Dodge Ram Mirror does not disclose said plano reflective element and said
`auxiliary reflective element of said plano-auxiliary reflective element assembly mounted adjacently at
`said plano-auxiliary reflective element assembly in a side-by-side relationship and not superimposed
`with one reflective element on top of the other reflective element, a POSITA would have found this
`obvious in view of the Magna 2001 Dodge Ram Trailer Towing Mirror alone or in combination with
`one or more other references.
`
`
`
`
`
`See discussion of element f in the claim chart for Platzer 956.
`
`See discussion of element f in the claim chart for Platzer 731.
`
`See discussion of element f in the claim chart for Van Nostrand.
`
`See discussion of element f in the claim chart for Tobin.
`
`See discussion of element f in claim chart for Kondo.
`
`See discussion of this element in the claim chart for Lynam 026.
`
`7
`
`
`SMR USA
`Exhibit 1004
`Page 007
`
`
`
`See U.S. Pat. No. 5,557,467:
`
`“With reference now to FIG. 1, present mirror 1 combines a conventional first flat reflective
`surface 4 and a second longitudinally convex reflective surface 8. Mirror 4 provides the usual
`undistorted but limited field of rearward vision whereas mirror 8, being convex, provides a
`much wider rearward field of vision which overlaps to both sides with most persons natural
`peripheral vision, thereby all but eliminating the blind spots in the field of view afforded by
`mirror 4 alone.” U.S. Pat. No. 5,557,467 at 2:39-47.
`
`“Surrounding both of mirrors 4 and 8 is a frame 12 including a backing 13 and relatively thin
`raised edges 15 which overlap the adjacent edges of mirrors 4 and 8 to retain the mirrors firmly
`in place in fixed positions relative to each other. As shown, both mirrors as retained by frame
`12 are in parallel longitudinal alignment with mirror 8 preferably, but not necessarily, located
`vertically above mirror 4.” U.S. Pat. No. 5,557,467 at 2:48-55.
`
`“Frame 12 is formed integrally about both mirrors to provide a unitary, seamless, aesthetically
`pleasing appearance while at the same time making the mirror as a whole compact,
`unobtrusive, easy to adjust and rigid. As shown, to provide a relatively low profile, the vertical
`height of mirror 8 is less than that of mirror 4.” U.S. Pat. No. 5,557,467 at 2:56-61.
`
`U.S. Pat. No. 5,557,467 at Fig. 1.
`
`
`
`See U.S. Pat. No. 6,328,451 at Figs. 1-4; 2:52-3:9.
`
`See U.S. Pat. No. 5,721,646 at Figs. 13-21 and accompanying text.
`
`See U.S. Pat. No. 6,984,048 at Figs. 1-4, 9 and accompanying text.
`
`See U.S. Appl. Pub. No. 2003/0039039 at [0013], Fig. 2 and accompanying text.
`
`See U.S. Pat. No. 3,501,227 at Figs. 1-6 and accompanying text.
`
`8
`
`
`SMR USA
`Exhibit 1004
`Page 008
`
`
`
`g.
`
`said plano reflective
`element and said auxiliary
`reflective element supported
`at a backing plate element,
`said backing plate element
`mounting to said actuator
`such that movement of said
`backing plate element of
`said plano-auxiliary
`reflective element assembly
`by said actuator
`simultaneously and
`similarly moves said plano
`reflective element and said
`auxiliary reflective element;
`
`See GB1133005 at Figs. 1-4 and accompanying text.
`
`In addition, the applicants conceded that this limitation was known in the art and/or obvious during
`prosecution of the ’750 Patent. See, e.g., 11/25/2016 Office Action pp. 8, 15, 22.
`
`
`
`Analysis of the physical structure of the 2001 Dodge Ram Mirror shows that said plano reflective
`element and said auxiliary reflective element supported at a backing plate element, said backing plate
`element mounting to said actuator such that movement of said backing plate element of said plano-
`auxiliary reflective element assembly by said actuator simultaneously and similarly moves said plano
`reflective element and said auxiliary reflective element. The photograph below shows the common
`backing plate for the plano and auxiliary reflective elements of the passenger-side 2001 Dodge Ram
`Trailer Towing Mirror. The driver’s side backing plate has a symmetrical structure.
`
`
`
`
`
`Common backing
`plate for plano
`and auxiliary
`reflective
`elements
`
`
`
`h.
`
`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
`
`The auxiliary reflective element in the 2001 Dodge Ram Mirror has 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.
`
`See, e.g., Ram Manual p. 64:
`
`9
`
`
`SMR USA
`Exhibit 1004
`Page 009
`
`
`
`which said exterior sideview
`mirror assembly is attached;
`
`
`
`Analysis of the physical structure of the 2001 Dodge Ram Mirror shows that the auxiliary mirror is
`curved.
`
`
`
`
`
`
`
`
`
`i.
`
`said backing plate element
`having a first support
`portion supporting said
`plano reflective element and
`a second support portion
`supporting said auxiliary
`reflective element;
`
`Analysis of the physical structure of the 2001 Dodge Ram Mirror shows that the backing plate element
`has a first support portion supporting said plano reflective element and a second support portion
`supporting said auxiliary reflective element.
`
`
`
`10
`
`
`SMR USA
`Exhibit 1004
`Page 010
`
`
`
`Support portion
`for reflective
`element
`
`Support portion
`for plano element
`
`
`
`
`The auxiliary reflective element in the 2001 Dodge Ram Mirror is positioned at an outboard portion of
`said plano-auxiliary reflective element assembly when said exterior sideview mirror assembly is
`mounted to the side of the automobile. See, e.g., Ram Manual p. 64.
`
`
`
`j.
`
`wherein said auxiliary
`reflective element is
`positioned at an outboard
`portion of said plano-
`auxiliary reflective element
`assembly when said exterior
`sideview mirror assembly is
`mounted to the side of the
`automobile;
`
`11
`
`
`SMR USA
`Exhibit 1004
`Page 011
`
`
`
`
`
`
`
`
`
`
`
`k. wherein said backing plate
`element comprises a
`polymeric substrate that is
`formed as a single element
`by injection molding of a
`polymeric resin;
`
`Analysis of the physical structure of the backing plate in the 2001 Dodge Ram Mirror shows that it
`comprises a polymeric substrate that is formed as a single element by injection molding of a polymeric
`resin. This is further shown by the marking of the backing plate with the letters “HHABS,” which
`indicates that the backing plate is formed of a polymeric resin.
`
`
`
`12
`
`
`SMR USA
`Exhibit 1004
`Page 012
`
`
`
`l.
`
`wherein said backing plate
`element is capable of
`supporting said plano
`reflective element and said
`auxiliary reflective element;
`
`m. wherein said first support
`portion of said backing plate
`element comprises a flat
`portion and wherein said
`plano reflective element is
`disposed at said flat portion;
`
`The backing plate element in the 2001 Dodge Ram Mirror supports, and hence is capable of
`supporting, said plano reflective element and said auxiliary reflective element.
`
`
`
`Analysis of the physical structure of the backing plate in the 2001 Dodge Ram Mirror shows that said
`first support portion of said backing plate element comprises a flat portion and wherein said plano
`reflective element is disposed at said flat portion.
`
`
`
`13
`
`
`SMR USA
`Exhibit 1004
`Page 013
`
`
`
`Flat portion where
`plano reflective
`element is
`disposed
`
`
`n. 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;
`
`
`
`Analysis of the physical structure of the backing plate in the 2001 Dodge Ram Mirror shows that 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.
`
`
`
`Curved portion
`where auxiliary
`reflective element
`is disposed.
`
`
`o. wherein the rearward field
`of view of said auxiliary
`reflective element is
`
`The rearward field of view of the auxiliary reflective element in the 2001 Dodge Ram Mirror is
`different from the rearward field of view of said plano reflective element when both are attached to
`said backing plate element of said plano-auxiliary reflective element assembly when said plano-
`
`
`
`14
`
`
`SMR USA
`Exhibit 1004
`Page 014
`
`
`
`different from and angled to
`the rearward field of view of
`said plano reflective
`element when both are
`attached to said backing
`plate element of said plano-
`auxiliary reflective element
`assembly when said plano-
`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;
`
`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. The auxiliary
`reflective element is curved, rather than planar, and hence provides a different field of view.
`
`
`
`To the extent the 2001 Dodge Ram Mirror does not disclose that the rearward field of view of said
`auxiliary reflective element is angled to the rearward field of view of said plano reflective element, a
`POSITA would have found this obvious in view of the Magna 2001 Dodge Ram Trailer Towing
`Mirror alone or in combination with one or more other references.
`
`
`
`See discussion of element o in the claim chart for the 2001 Dodge Ram mirror.
`
`See discussion of element o in the claim chart for the 2001 GMT800 mirror.
`
`See discussion of element o in the claim chart for Platzer 956.
`
`See discussion of element o in the claim chart for Platzer 731.
`
`See discussion of element o in the claim chart for Van Nostrand.
`
`See discussion of element o in the claim chart for Hagiri 534.
`
`See discussion of element o in the claim chart for Tobin.
`
`See discussion of this element in the claim chart for Lynam 026.
`
`See U.S. Pat. No. 5,557,467:
`
`“With reference to FIGS. 6 to 10, there is shown a modified combination mirror in which the
`same reference numerals as used in FIGS. 1 to 5 have been used to identify like elements. As
`will be seen particularly from FIG. 6, upper lens 8, in addition to curving rearwardly to provide
`a convexity, also curves downwardly at its opposite ends to emulate a "droop" at its ends. This
`droop has been found to provide enhanced rearward vision in the vertical plane without the
`excessive distortion associated with a spherical lens. The droop therefore allows children
`located in the vehicle's rear seat to be readily observed and also to facilitate better sighting of
`bicycles, scooters and motorcycles particularly in the driver's blind spots. If desired, lens 8 can
`be imparted with a slight spherical curvature in the vertical plane.” U.S. Pat. No. 5,557,467 at
`2:39-47.
`
`15
`
`
`SMR USA
`Exhibit 1004
`Page 015
`
`
`
`U.S. Pat. No. 5,557,467 at Fig. 6.
`
`
`
`See U.S. Pat. No. 6,328,451 at Figs. 1-4; 2:52-3:9.
`
`See U.S. Pat. No. 5,721,646 at Figs. 13-21 and accompanying text.
`
`See U.S. Pat. No. 3,501,227 at Figs. 1-6 and accompanying text.
`
`See GB1133005 at Figs. 1-4 and accompanying text; 1:53-2:15.
`
`See also U.S. Pat. No. 5,579,133 at Fig. 12 and accompanying text.
`
`See also U.S. Pat. No. 2,279,751 at Figs. 2-5 and accompanying text.
`
`See also U.S. Pat. No. 3,826,563 at Figs. 5-7 and accompanying text.
`
`See also U.S. Pat. No. 5,005,962 at Fig. 4 and accompanying text.
`
`See also DE1405836 at Fig. 3 and accompanying text.
`
`See also DE1921076 at Fig. 2b and accompanying text.
`
`See also DE1921384 at Figs. 1, 5, and accompanying text.
`
`See also DE2207208 at Figs. 1-2 and accompanying text.
`
`See also EP0864465B1 at Fig. 6 and accompanying text.
`
`See also DE2537876 at Figs. 1, 8, and accompanying text.
`
`See also US2778273 at Fig. 4 and accompanying text.
`
`In addition, the applicants conceded that this limitation was known in the art and/or obvious during
`prosecution of the ’712 Patent. See ’712 Patent File History, 2003-3-17 Office Action p. 4
`
`p. wherein angling of the
`rearward field of view of
`said auxiliary reflective
`
`The 2001 Dodge Ram Mirror discloses that angling of the rearward field of view of said auxiliary
`reflective element relative to the rearward field of view of said plano reflective element is achieved, at
`least in part, by an angling of said second support portion of said backing plate element supporting
`
`16
`
`
`SMR USA
`Exhibit 1004
`Page 016
`
`
`
`element relative to the
`rearward field of view of
`said plano 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 element relative to
`said first support portion of
`said backing plate element
`supporting said plano
`reflective element;
`
`said auxiliary reflective element relative to said first support portion of said backing plate element
`supporting said plano reflective element. This can be shown from the photograph below, which
`indicates that the support portion for the spotter is angled.
`
`
`
`
`
`Second support
`portion is angled
`
`
`
`
`To the extent the 2001 Dodge Ram Mirror does not disclose that angling of the rearward field of view
`of said auxiliary reflective element relative to the rearward field of view of said plano 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 element relative to said first support portion of said
`backing plate element supporting said plano reflective element, a POSITA would have found this
`obvious in view of the Magna 2001 Dodge Ram Trailer Towing Mirror alone or in combination with
`one or more other references.
`
`
`
`See discussion of element p in the claim chart for the 2001 GMT800 mirror.
`
`See also discussion of element p in the claim chart for Henion 013.
`
`See discussion of element p in the claim chart for Platzer 956.
`
`See discussion of element p in the claim chart for Platzer 731.
`
`See U.S. Patent No. 3,826,563 at Fig. 7
`
`17
`
`
`SMR USA
`Exhibit 1004
`Page 017
`
`
`
`
`
`See also U.S. Pat. No. 5,579,133 at Fig. 12 and accompanying text.
`
`See also U.S. Pat. No. 2,279,751 at Figs. 2-5 and accompanying text.
`
`See also U.S. Pat. No. 3,826,563 at Figs. 5-7 and accompanying text.
`
`See also U.S. Pat. No. 5,005,962 at Fig. 4 and accompanying text.
`
`See also DE1405836 at Fig. 3 and accompanying text; p. 3.
`
`See also DE1921076 at Fig. 2b and accompanying text.
`
`18
`
`
`
`
`SMR USA
`Exhibit 1004
`Page 018
`
`
`
`See also DE1921384 at Fig. 5 and accompanying text.
`
`See also DE2207208 at Figs. 1-2 and accompanying text.
`
`See also EP0864465B1 at Fig. 6 and accompanying text.
`
`See also DE2537876 at Figs. 1, 8, and accompanying text.
`
`See also US2778273 at Fig. 4 and accompanying text.
`
`In addition, the applicants conceded that this limitation was known in the art and/or obvious during
`prosecution of the ’712 Patent. See ’712 Patent File History, 2003-3-17 Office Action p. 4
`
`When the 2001 Dodge Ram Mirror is attached to the side of the automobile, the field of view of said
`plano reflective element generally views rearwardly of the equipped automobile and the field of view
`of said auxiliary reflective element 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 plano reflective element when said plano
`reflective element is viewed by a driver of the equipped automobile when said exterior sideview mirror
`assembly is attached to the side of the automobile. See, e.g., Ram Manual p. 64:
`
`
`
`19
`
`
`q. wherein, when said exterior
`sideview mirror assembly is
`attached to the side of the
`automobile, the field of
`view of said plano reflective
`element generally views
`rearwardly of the equipped
`automobile and the field of
`view of said auxiliary
`reflective element 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 plano reflective
`element when said plano
`reflective element is viewed
`by a driver of the equipped
`automobile when said
`exterior sideview mirror
`assembly is attached to the
`side of the automobile; and
`
`SMR USA
`Exhibit 1004
`Page 019
`
`
`
`Analysis of the physical structure of the 2001 Dodge Ram Mirror shows that the plano reflective
`element comprises a glass substrate having a surface coated with a metallic reflector coating.
`
`
`
`r. wherein at least one of said
`plano 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
`element applied to a surface
`thereof and with an
`opposing surface thereof
`having a reflecting layer
`applied thereto.
`
`s.
`
`15. The exterior sideview
`mirror system of claim 1,
`
`The rearward field of view of the auxiliary reflective element of the 2001 Dodge Ram Mirror is
`generally directed outwardly and downwardly with respect to the longitudinal axis of the equipped
`
`20
`
`
`SMR USA
`Exhibit 1004
`Page 020
`
`
`
`wherein 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.
`
`automobile when said exterior sideview mirror assembly is attached to the side of the automobile. The
`mirror assembly in the 2001 Dodge Ram Mirror is mounted on an actuator that is capable of angling
`the assembly so that the rearward field of view of the auxiliary mirror is generally directed outwardly
`and downwardly with respect to the longitudinal axis when the mirror is attached to the vehicle.
`
`To the extent the rearward field of view of the auxiliary reflective element of the 2001 Dodge Ram
`Mirror is not 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, a POSITA would have found this obvious in view of the Magna 2001 Dodge Ram Trailer
`Towing Mirror alone or in combination with one or more other references.
`
`See discussion of element s in the claim chart for the 2001 Dodge Ram mirror.
`
`See discussion of element s in the claim chart for the 2001 GMT800 mirror.
`
`See discussion of element s in the claim chart for Henion 013.
`
`See discussion of this element in the claim chart for Lynam 026.
`
`See U.S. Patent No. 2,279,751 at Fig. 6, 10:
`
`
`
`See DE2537876:
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`
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`21
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`SMR USA
`Exhibit 1004
`Page 021
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` DE2537876 at Figs. 1 (left), 8
`
`See FR2650982:
`
`“FIG. 3 is a horizontal cross-section along III - III of FIG. 2. In this figure, it can be seen that
`the horizontal section of the auxiliary mirror 4 forms, with the horizontal section of the main
`mirror 2, an angle a, the value of which is set at the factory and which is between 8° and 10°
`according to the car models and preferably equal to 9°.” FR2650982 (machine translation) at
`3:37-4:4.
`
`“FIG. 4 shows a vertical section of FIG. 2 by a line IV IV.
`
`It can be seen in this figure that the cross-sections of the two mirrors 2 and 4 by a vertical plane
`form between them a constant angle ss. This angle is between 1.50° and 3.50° and preferably
`equal to 2.50°.” FR2650982 (machine translation) at 4:22-26.
`
`22
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`SMR USA
`Exhibit 1004
`Page 022
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`FR2650982 at Fig. 1.
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`
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`FR2650982 at Figs. 2-4.
`
`See U.S. Pat. No. 5,557,467:
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`
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`“As will be seen particularly from FIG. 6, upper lens 8, in addition to curving rearwardly to
`provide a convexity, also curves downwardly at its opposite ends to emulate a "droop" at its
`ends. This droop has been found to provide enhanced rearward vision in the vertical plane
`
`23
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`SMR USA
`Exhibit 1004
`Page 023
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`without the excessive distortion associated with a spherical lens. The droop therefore allows
`children located in the vehicle's rear seat to be readily observed and also to facilitate better
`sighting of bicycles, scooters and motorcycles particularly in the driver's blind spots. If desired,
`lens 8 can be imparted with a slight spherical curvature in the vertical plane.” U.S. Pat. No.
`5,557,467 at 3:54-64.
`
`U.S. Pat. No. 5,557,467 at Fig. 6.
`
`
`
`See U.S. Pat. No. 6,062,699 at Figs. 2A-2D; 4:29-44.
`
`See U.S. Pat. No. 5,721,646 at Figs. 13-21 and accompanying text.
`
`See GB1133005 at Figs. 1-4 and accompanying text; 1:53-2:15.
`
`See also U.S. Pat. No. 5,579,133 at Fig. 12 and accompanying text.
`
`See also U.S. Pat. No. 2,279,751 at Figs. 2-7 and accompanying text.
`
`See also U.S. Pat. No. 3,826,563 at 3:6-17.
`
`See also U.S. Pat. No. 5,005,962 at Fig. 4 and accompanying text.
`
`See also DE1921076 at Fig. 2b and accompanying text.
`
`See also DE2207208 at Figs. 1-2 and accompanying text.
`
`See also DE2537876 at Figs. 1, 8, and accompanying text.
`
`See also US2778273 at Fig. 4 and accompanying text.
`
`
`
`The applicants conceded that this limitation was known in the art and/or obvious during prosecution of
`the ’712 patent. See 2003-3-17 Office Action at 4.
`
`The applicants conceded that this limitation was known in the art and/or obvious during prosecution of
`24
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`SMR USA
`Exhibit 1004
`Page 024
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`t.
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`u.
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`the ’294 Patent. See Jan. 12, 2005 Office Action at p. 5.
`
`
`
`Claim 33
`
`2001 Dodge Ram Mirror
`
`(depends on claim 1)
`
`33. The exterior sideview
`mirror system of claim 1,
`wherein the ratio of the
`width of said plano
`reflective element to the
`width of said auxiliary
`reflective element is greater
`than 2.5.
`
`The 2001 Dodge Ram Mirror discloses that the ratio of the width of said plano reflective element to
`the width of said auxiliary reflective element is greater than 2.5. The ratio of the width of the plano
`reflective element to the width of the auxiliary reflective element is roughly 3, which is greater than
`2.5.2001 Dodge Ram Mirror2001 Dodge Ram Mirror
`
`
`
`
`
`Claim 34
`
`2001 Dodge Ram Mirror
`
`The 2001 Dodge Ram Mirror is 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.
`Furthermore, the rearward field of view of said auxiliary reflective element generally views
`downwardly towards the road surface adjacent to the driver seating location to a distance of roughly 7
`feet, which is in the range of about 1 foot to about 24 feet to the rear of the driver seating location.
`
`
`
`(depends on claim 1)
`
`34. The exterior sideview
`mirror system of claim 1,
`wherein 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
`least at a distance in the
`range of about 1 foot to
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`SMR USA
`Exhibit 1004
`Page 025
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`about 24 feet to the rear of
`the driver seating location.
`
`B.
`
`U.S. Patent No. 8,128,244
`
`Claim 24
`
`
`
`(depends on claim 23)
`
`See discussion of element a above, which is incorporated herein by reference.
`
`See discussion of element b above, which is incorporated herein by reference.
`
`See discussion of element c above, which is incorporated herein by reference.
`
`See discussion of element d above, which is incorporated herein by reference.
`
`23. An exterior sideview
`mirror system suitable for
`use on an automobile, said
`exterior sideview mirror
`system comprising:
`
`an exterior sideview mirror
`assembly adapted for
`attachment to a side of an
`automobile;
`
`said exterior sideview
`mirror assembly including a
`reflective element having a
`rearward field of view when
`attached to the side of the
`automobile;
`
`said reflective element
`attached to an electrically-
`operated actuator 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
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`SMR USA
`Exhibit 1004
`Page 026
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`automobile;
`
`wherein said reflective
`element comprises a plano-
`auxiliary reflective element
`assembly, said plano-
`auxiliary reflective element
`assembly comprising a
`plano reflective element
`having unit magnification
`and a separate auxiliary
`reflective element having a
`curvature;
`
`said plano reflective
`element and said auxiliary
`reflective element of said
`plano-auxiliary reflective
`element assembly mounted
`adjacently at said plano-
`auxiliary reflective element
`assembly in a side-by-side
`relationship and not
`superimposed with one
`reflective element on top of
`the other reflective element;
`
`said plano reflective
`element and said auxiliary
`reflective element supported
`at a backing plate element,
`said backing plate element
`mounting to said actuator
`such that movement of said
`backing plate element of
`said plano-auxiliary
`reflective element assembly
`
`See discussion of element e above, which is incorporated herein by reference.
`
`See discussion of element f above, which is incorporated herein by reference.
`
`See discussion of element g above, which is incorporated herein by reference.
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`SMR USA
`Exhibit 1004
`Page 027
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`by said actuator
`simultaneously and
`similarly moves said plano
`reflective element and said
`auxiliary r