`Approved for use through 06/30/2010. 0MB 0651-0032
`U.S. Patent and Trademark Office. U.S. DEPARTMENT OF COMMERCE
`Under the Paoerwork Reduction Act of 1995 no oersons are reauired to resoond to a collection of information unless it disolavs a valid 0MB control number.
`
`UTILITY
`PATENT APPLICATION
`TRANSMITTAL
`
`Attorney Docket No.
`
`First Inventor
`
`Title
`
`DON09 P-1882
`
`Niall R. Lynam
`
`EXTERIOR REARVIEW MIRROR ASSEMBI
`
`"
`
`r
`
`\..
`
`(Only for new nonprovisional applications under 37 CFR 1.53(b))
`
`Express Mail Label No.
`
`.)
`
`APPLICATION ELEMENTS
`See MPEP chapter 600 concerning utility patent application contents.
`
`ADDRESS TO:
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`
`1.0 Fee Transmittal Form (e.g., PTO/SB/17)
`
`ACCOMPANYING APPLICATION PARTS
`
`2.0 Applicant claims small entity status.
`See 37 CFR 1.27.
`3.0 Specification
`[Total Pages
`40
`Both the claims and abstract must start on a new page
`(For information on the preferred arrangement, see MPEP 608.0t(a))
`4.0 Drawing(s) (35 U.S.C. 113)
`[Total Sheets
`16
`
`l
`
`5. Oath or Declaration
`
`[Total Sheets
`
`1
`
`a. 53 Newly executed (original or copy)
`
`b.
`
`i.
`
`A copy from a prior application (37 CFR 1.63(d))
`[]or continuation/divisional with Box 18 completed)
`DELETION OF INVENTOR(S)
`Signed statement attached deleting inventor(s)
`name in the prior application, see 37 CFR
`1.63(d)(2) and 1.33(b).
`
`9. 0
`
`Assignment Papers (cover sheet & document(s))
`
`Name of Assignee
`
`I
`
`l
`
`10. 0 37 CFR 3.73(b) Statement
`(when there is an assignee)
`
`OPowerof
`Attorney
`
`11.0 English Translation Document (if applicable)
`12. O lnfoEj'tion Disclosure Statement (PTO/SB/08 or PT0-1449)
`Copies of citations attached
`
`6.0 Application Data Sheet. See 37 CFR 1. 76
`
`7.0 CD-ROM or CD-R in duplicate, large table or
`caputer Program (Appendix)
`Landscape Table on CD
`
`8. Nucleotide and/or Amino Acid Sequence Submission
`(if applicable, items a. - c. are required)
`Computer Readable Form (CRF)
`a. 0
`b.
`Specification Sequence Listing on:
`
`0
`i.
`ii. 0
`
`CD-ROM or CD-R (2 copies); or
`Paper
`
`13. 0 Preliminary Amendment
`14. O Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`
`15. O Certified Copy of Priority Document(s)
`(if foreign priority is claimed)
`
`16. O Nonpublication Request under 35 U.S.C. 122(b)(2)(B)(i).
`Applicant must attach form PTO/SB/35 or equivalent.
`17. 0 Other:
`
`Statements verifying identity of above copies
`C. 0
`18. If a CONTINUING APPLICATION, check appropriate box, and supply the requisite information below and in the first sentence of the
`specification following the title, or in an Application Data Sheet under 37 CFR 1. 76:
`0 Continuation
`0 Continuation-in-part (CIP)
`~ Divisional
`Examiner Alessandro V. Amari
`
`Prior application information:
`
`Art Unit: 2872
`
`of prior application No.:1~/~~o.,Ql8 .................
`
`0 The address associated with Customer Number: I
`
`15671
`
`I OR D Correspondence address below
`
`19. CORRESPONDENCE ADDRESS
`
`Name
`
`Address
`
`City
`
`Country
`
`Signature
`
`Name
`(Print/Type)
`
`/taf/
`
`Timothy A. Flory
`
`I State
`I Telephone
`
`Zip Code
`
`I Date August 21 , 2012
`Registration No. I
`(Attornev/Aqent) 42 540
`
`This collection of information is required by 37 CFR 1.53(b). The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to
`complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer,
`U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PT0-9199 and select option 2.
`
`SMR USA
`Exhibit 1006
`Page 001
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`Niall R. Lynam
`
`For
`
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`
`PATENT
`DON09 P-1852
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`REQUEST FOR FILING DIVISIONAL APPLICATION
`UNDER 37 CPR 1.53(b)
`
`This is a request for filing a divisional application of U.S. patent application Serial
`
`No. 13/336,018, filed December 23, 2011, which is a continuation of U.S. patent application
`
`Serial No. 12/911,274, filed October 25, 2010, now U.S. Patent No. 8,128,243, which is a
`
`continuation of U.S. patent application Serial No. 12/851,045, filed August 5, 2010, now U.S.
`
`Patent No. 7,934,843, which is a continuation of U.S. patent application Serial No. 12/197,666,
`
`filed August 25, 2008, now U.S. Patent No. 7,842,154, which is a division of U.S. patent
`
`application Serial No. 10/709,434, filed May 5, 2004, now U.S. Patent No. 7,420,756, which
`
`claims the benefit of U.S. provisional application, Serial No. 60/471,872, filed May 20, 2003.
`
`1.
`
`Copy of Prior Application as Filed Which is Attached
`
`I hereby verify that the attached papers are a copy of what is shown in my records
`
`to be the above-identified prior application, including the Declaration as originally filed (37 CPR
`
`1.53). No amendments referred to in any Declaration filed to complete the prior application
`
`introduced new matter in that application.
`
`The attached copy of the papers of the parent application includes 36 pages of
`
`specification, 3 pages of claims (11 claims), 1 page of Abstract, 16 sheets of drawings, and
`
`signed Declaration and Power of Attorney (1 page). The attached drawings are copies of the
`
`SMR USA
`Exhibit 1006
`Page 002
`
`
`
`Applicant
`For
`Page
`
`Niall R. Lynam
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`2
`
`formal drawings filed in the parent applications and correspond to the drawings originally filed
`
`with the parent applications.
`
`2.
`
`Amendments
`
`The copy of the application includes the amendments made during prosecution of
`
`the parent applications and includes a revised/updated Cross Reference to Related Applications
`
`and new Abstract.
`
`The attached copy includes new claims 1-11, which correspond to withdrawn
`
`claims 16-18, 25-27 and 36-40, respectively, of the parent patent application, Serial No.
`
`13/336,018.
`
`Claims 1-3 were substantially copied in the parent patent application Serial No.
`
`13/336,018 (as claims 16-18 in the parent patent application) from U.S. Patent No. 7,857,469,
`
`which issued December 28, 2010, in order to preserve Applicant's right to request an interference
`
`with U.S. Patent No. 7,857,469. Independent claims 4 and 7 (formerly claims 25 and 36 of the
`
`parent patent application Serial No. 13/336,018) are derived from independent claim 16 of U.S.
`
`Patent No. 7,857,469.
`
`3.
`
`Notice Regarding Prosecution relative to Parent Application
`
`This application is a continuation of U.S. patent application Serial No.
`
`13/336,018, filed December 23, 2011, which is part of the continuation chain noted above.
`
`Applicants note from controlling case law that disclaimer of subject matter made during an
`
`earlier prosecution can be rescinded, permitting recapture of the disclaimed scope, so long as
`
`sufficiently clear notice is given to the U.S. Patent and Trademark Office, so that the U.S. Patent
`
`and Trademark Office can consider any prior disclaimer and any previously cited relevant prior
`
`SMR USA
`Exhibit 1006
`Page 003
`
`
`
`Applicant
`For
`Page
`
`Niall R. Lynam
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`3
`
`art Hakim v. Cannon Avent Group, PLC et al., 47 F.3d 1313, 1398 (Fed. Cir. 2007) (affirming
`
`the district court grant of summary judgment of non-infringement based on a limiting claim
`
`construction per file wrapper estoppel in a parent application where the patentee had in the child
`
`application not expressly rescinded any disclaimer effect of prosecution in the parent
`
`application).
`
`Therefore, this is to provide such clear notice to the U.S. Patent and Trademark
`
`Office that for purposes of the present application only, Applicants hereby rescind any disclaimer
`
`and argument, express or implied, made during the prosecution of the above-referenced prior
`
`application. Accordingly, Applicants respectfully note for the record that any arguments,
`
`disclaimers, and/or other actions taken with regard to the claims prosecuted in the above-
`
`referenced U.S. Patent Applications are not to be imputed or otherwise applied to the claims in
`
`the present application unless expressly repeated by the Applicants during prosecution of the
`
`present application.
`
`4.
`
`Patent Application Bibliographic Data Form
`
`A copy of the Patent Application Bibliographic Data Form is enclosed.
`
`5.
`
`Filing Fee and Calculation
`
`Filing Fee:
`
`Basic Fee - $380
`
`Each independent claim in excess of three,
`-0- times $250.00
`
`Number of claims in excess of twenty,
`-0- times $60.00
`
`Filing multiple dependent claims
`per application $450.00
`
`$380.00
`
`$0.00
`
`$0.00
`
`$.00
`
`SMR USA
`Exhibit 1006
`Page 004
`
`
`
`Applicant
`For
`Page
`
`Niall R. Lynam
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`4
`
`Application size fee for each additional
`50 sheets that exceeds 100 sheets
`(-0- times $310.00)
`
`Additional Fees:
`
`Search Fee - $620
`
`Examination Fee - $250
`
`Total Filing Fee
`
`$0.00
`
`$620.00
`
`$250.00
`
`$1,250.00
`
`The above fees will be paid by credit card. The Commissioner is hereby
`
`authorized to charge any additional fees which may be required, or credit any overpayment, to
`
`Deposit Account No. 50-5553.
`
`The Commissioner is hereby authorized to charge the following fees during the
`
`pendency of this application, or credit any overpayment to Deposit Account 50-5553.
`
`a)
`
`Any filing fees under 37 CPR 1.16 for presentation of extra claims for
`
`which full payment has not been tendered.
`
`b)
`
`Any patent application processing fees under 37 CPR 1.17 for which full
`
`payment has not been tendered.
`
`6.
`
`Drawings
`
`Sixteen (16) sheets of formal drawings are enclosed and are copies of those filed
`
`in the parent applications. The formal drawings correspond to the drawings originally filed with
`
`the parent applications and include any revisions made and approved during prosecution of the
`
`parent applications.
`
`7.
`
`Disclosure Statement
`
`SMR USA
`Exhibit 1006
`Page 005
`
`
`
`Applicant
`For
`Page
`
`Niall R. Lynam
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`5
`
`Applicants respectfully request that information cited in the prior parent
`
`application, Serial No. 13/336,018, be considered in the present application. An Information
`
`Disclosure Statement will be submitted that lists the cited references.
`
`8.
`
`Inventorship Statement
`
`With respect to the prior co-pending U.S. application from which this application
`
`claims benefit under 35 USC 120, the inventor in this application is the same, namely, Niall R.
`
`Lynam.
`
`9.
`
`Assignment
`
`The prior application was originally assigned to Donnelly Corporation, a
`
`corporation of the State of Michigan, located and doing business at 49 W. Third Street, Holland,
`
`Michigan 49423. That Assignment was recorded in the United States Patent and Trademark
`
`Office on August 23, 2004, at Reel 015715, Frame 0476.
`
`10.
`
`Power of Attorney
`
`The Power of Attorney in the parent applications is to the individual patent
`
`attorneys listed thereon. The attached Power of Attorney includes the original declaration signed
`
`by the inventors and confirms that the undersigned attorney is an attorney of record for this
`
`application.
`
`Please address all future correspondence to:
`
`Timothy A. Flory
`Gardner, Linn, Burkhart & Flory, LLP
`2851 Charlevoix Drive, S.E.
`P.O. Box 888695
`Grand Rapids, MI 49588-8695
`Ph: (616) 975-5500
`Fax: (616) 975-5505
`
`SMR USA
`Exhibit 1006
`Page 006
`
`
`
`Applicant
`For
`Page
`
`Niall R. Lynam
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`6
`
`11.
`
`Verification
`
`I hereby declare further that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true; and further
`
`that these statements are made with the knowledge that willful false statements and the like so
`
`made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the
`
`United States Code, and that such willful false statements may jeopardize the validity of the
`
`application or any patent issuing thereon.
`
`Respectfully submitted,
`
`NIALL R. LYNAM
`
`By: Gardner, Linn, Burkhart & Flory, LLP
`
`Date: August 21, 2012
`
`TAF/ars
`DON09 P-1852
`
`Timothy A. Flory
`Registration No. 42 540
`2851 Charlevoix Drive, S.E.
`P.O. Box 888695
`Grand Rapids, MI 49588-8695
`(616) 975-5500
`
`SMR USA
`Exhibit 1006
`Page 007
`
`
`
`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`DON09 P-1852
`
`Application Number
`
`Title of Invention
`
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
`document may be printed and included in a paper filed application.
`
`Secrecy Order 37 CFR 5.2
`D Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`r
`,DD 1can t I f
`f
`n orma 10n:
`A
`Aoolicant 1
`Applicant Authority (!)Inventor I QLegal Representative under 35 U.S.C. 117
`Prefix Given Name
`Middle Name
`
`I Remove I
`I QParty of Interest under 35 U.S.C. 118
`Family Name
`Suffix
`
`Niall
`R.
`Lynam
`Residence Information (Select One) (!) US Residency 0 Non US Residency O Active US Military Service
`I Country of Residence i I US
`City
`State/Province I Ml
`Holland
`us
`
`Citizenship under 37 CFR 1.41(b) i
`Mailing Address of Applicant:
`Address 1
`281 Norwood Avenue
`
`Address 2
`I Holland
`Postal Code
`
`City
`
`49424
`
`I State/Province
`I Countryi I us
`All Inventors Must Be Listed - Additional Inventor Information blocks may be
`generated within this form by selecting the Add button.
`
`I Ml
`
`I Add
`
`I
`
`Correspondence Information:
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`D An Address is being provided for the correspondence Information of this application.
`Customer Number
`15671
`
`Email Address
`
`flory@glbf.com
`
`Application Information:
`
`I I Add Email I
`
`!Remove Emaill
`
`Title of the Invention
`
`Attorney Docket Number DON09 P-1852
`
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`I Small Entity Status Claimed D
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`Suggested Class (if any)
`
`Suggested Technology Center (if any)
`
`I Sub Class (if any)I
`
`Total Number of Drawing Sheets (if any)
`
`16
`
`I Suggested Figure for Publication (if any) I
`
`EFS Web 2.2.2
`
`SMR USA
`Exhibit 1006
`Page 008
`
`
`
`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`DON09 P-1852
`
`Application Number
`
`Title of Invention
`
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`
`Publication Information:
`D Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`Request Not to Publish. I hereby request that the attached application not be published under 35 U.S.
`D C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the subject of
`an application filed in another country, or under a multilateral international agreement, that requires publication at
`eighteen months after filing.
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Enter
`either Customer Number or
`complete
`the Representative Name
`section
`below.
`If both
`are completed the Customer Number will be used for the Representative Information during processing.
`
`sections
`
`Please Select One:
`
`(!) Customer Number
`
`Customer Number
`
`15671
`
`I O US Patent Practitioner 10 Limited Recognition (37 CFR 11.9)
`
`Domestic Benefit/National Stage Information:
`This section allows for the applicant to either claim benefit under 35 U.S.C. 119(e), 120, 121, or 365(c) or indicate National Stage
`entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required by
`35 U.S.C. 119(e) or 120, and 37 CFR 1.78(a)(2) or CFR 1.78(a)(4), and need not otherwise be made part of the specification.
`I Remove I
`
`Prior Application Status Pending
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`Prior Application Status Patented
`
`Division of
`
`13336018
`
`2011-12-23
`
`I Remove I
`
`Application
`Number
`
`Continuity Type
`
`Prior Application
`Number
`
`Filing Date
`(YYYY-MM-DD)
`
`Patent Number
`
`Issue Date
`(YYYY-MM-DD)
`
`13336018
`
`Continuation of
`
`12911274
`
`2010-10-25
`
`Prior Application Status Patented
`
`Application
`Number
`
`Continuity Type
`
`Prior Application
`Number
`
`Filing Date
`(YYYY-MM-DD)
`
`12911274
`
`Continuation of
`
`12851045
`
`2010-08-05
`
`Prior Application Status Patented
`
`Application
`Number
`
`Continuity Type
`
`Prior Application
`Number
`
`Filing Date
`(YYYY-MM-DD)
`
`8128243
`
`2010-03-06
`
`I Remove I
`Issue Date
`Patent Number
`(YYYY-MM-DD)
`
`7934843
`
`2011-05-03
`I Remove I
`Issue Date
`Patent Number
`(YYYY-MM-DD)
`
`12851045
`
`Continuation of
`
`12197666
`
`2008-08-25
`
`7842154
`
`Prior Application Status Patented
`
`Application
`Number
`
`Continuity Type
`
`Prior Application
`Number
`
`Filing Date
`(YYYY-MM-DD)
`
`2010-11-30
`I Remove I
`Issue Date
`(YYYY-MM-DD)
`
`Patent Number
`
`12197666
`
`Division of
`
`10709434
`
`2004-05-05
`
`7420756
`
`2008-09-02
`
`EFS Web 2.2.2
`
`SMR USA
`Exhibit 1006
`Page 009
`
`
`
`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`DON09 P-1852
`
`Application Number
`
`Title of Invention
`
`EXTERIOR REARVIEW MIRROR ASSEMBLY
`
`Prior Application Status Expired
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`I Remove I
`Filing Date (YYYY-MM-DD)
`
`10709434
`
`non provisional of
`
`60471872
`
`Additional Domestic Benefit/National Stage Data may be generated within this form
`by selecting the Add button.
`
`2003-05-20
`I Add I
`
`Foreign Priority Information:
`This section allows for the applicant to claim benefit of foreign priority and to identify any prior foreign application for which priority is
`not claimed. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b)
`and 37 CFR 1.55(a).
`
`Application Number
`
`Country i
`
`I Remove I
`Parent Filing Date (YYYY-MM-DD)
`Priority Claimed
`0 Yes C!) No
`I Add
`I
`
`Additional Foreign Priority Data may be generated within this form by selecting the
`Add button.
`Assignee Information:
`Providing this information in the application data sheet does not substitute for compliance with any requirement of part 3 of Title 37
`of the CFR to have an assignment recorded in the Office.
`I Remove I
`
`Assignee 1
`If the Assignee is an Organization check here.
`
`~
`
`Organization Name
`
`I Donnelly Corporation
`Mailing Address Information:
`
`Address 1
`
`Address 2
`
`City
`Country ii us
`
`Phone Number
`
`Email Address
`
`49 W. Third Street
`
`Holland
`
`State/Province
`
`Ml
`
`Postal Code
`
`Fax Number
`
`49424
`
`Additional Assignee Data may be generated within this form by selecting the Add
`button.
`
`I
`
`Add
`
`I
`
`Signature:
`A signature of the applicant or representative is required in accordance with 37 CFR 1.33 and 10.18. Please see 37
`CFR 1.4(d) for the form of the signature.
`
`Signature
`
`!tall
`
`Date (YYYY-MM-DD) 2012-08-21
`
`First Name
`
`Timothy
`
`I Last Name I Flory
`
`Registration Number
`
`42540
`
`EFS Web 2.2.2
`
`SMR USA
`Exhibit 1006
`Page 010
`
`
`
`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
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`Application Data Sheet 37 CFR 1.76
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`Attorney Docket Number
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`D0N09 P-1852
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`Application Number
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`Title of Invention
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`EXTERIOR REARVIEW MIRROR ASSEMBLY
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`This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which
`is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This
`collection is estimated to take 23 minutes to complete, including gathering, preparing, and submitting the completed application data
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`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`EFS Web 2.2.2
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`SMR USA
`Exhibit 1006
`Page 011
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`Privacy Act Statement
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`The Privacy Act of 1974 (P .L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to
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`The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552)
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`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the
`USPTO becomes aware of a violation or potential violation of law or regulation.
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`EFS Web 2.2.2
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`SMR USA
`Exhibit 1006
`Page 012
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`(
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`(J
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`DONO! P-1152
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`DECLARATION AND POWER OF ATTORNEY
`As a below named inventor, I hereby declare:
`My residence, post office address and citizenship are as stated below next to my name.
`I believe I am the original, first and sole inventor, if only one name is listed below, or an original, first
`and joint inventor, if plural names are listed below, of the subject matter which is claimed and for which a
`. patent is sought on the invention entitled MIRROR REFLECTIVE ELEMENT, the specification of which was
`filed on May 5, 2004 as application Serial No. 10/709,434.
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`I have reviewed and understand the contents of the above-identified specification, including the claims,
`as amended by any amendment referred to above.
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`I acknowledge the duty to disclose to the United States Patent and Trademark Office (the Office), all
`information which is known by me to be material to patentability as defined in Title 37, Code of Federal
`Regulations (C.F.R.), Section 1.56.
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`CLAIM OF PRIORITY
`I hereby claim the benefit under Title 35, United States Code, § 119(e) of any United States
`provisional application(s) listed below:
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`U.S. Serial No. 60/471,872, filed on May 20, 2003.
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`POWER OF AT1DRNEY
`I hereby appoint the patent law firm of Van Dyke, Gardner, Linn & Burkhart, LLP, 2851 Charlevoix
`Drive, S.E., Suite 207, Grand Rapids, Michigan 49546, telephone number 616/975-5500, facsimile number
`616/975-5505, and the individual patent attorneys and patent agents at such patent law firm, namely, Daniel
`Van Dyke, Reg. No. 25 046; Donald S. Gardner, Reg. No. 25 975; Terence J. Linn, Reg. No. 30 283;
`Frederick S. Burkhart, Reg. No. 29 288; Catherine S. Collins, Reg. No. 37 599; Timothy A. Flory, Reg. No.
`42 540; and Karl T. Ondersma, Reg. No. 55 894 my attorney(s) or agent(s) with full power of substitution and
`revocation, to prosecute this application and to transact all business in and to receive all correspondence from
`the Patent and Trademark Office com1ected therewith.
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`All statements made herein of my own knowledge are true and all statements made on information and
`belief are believed to be true, and further, these statements are made with the knowledge that willful false
`statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that
`such willful false statements may jeopardize tl1e validity of this application or any patent issued thereon.
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`Sole inventor:
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`Date
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`Niall R. Lyna~
`Citizenship: U.S.A.
`Residence:
`248 Foxdown
`Holland, Michigan 49424
`United States of America
`Post Office Address: Same as above.
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`SMR USA
`Exhibit 1006
`Page 013
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`
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`PATENT
`DON09 P-1852
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`EXTERIOR REARVIEW MIRROR ASSEMBLY
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`CROSS REFERENCE TO RELATED APPLICATIONS
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`[0001]
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`The present application is a division of U.S. patent application Ser. No. 13/336,018, filed
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`Dec. 23, 2011 (Attorney Docket DON09 P-1800), which is a continuation of U.S. patent application
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`Ser. No. 12/911,274, filed Oct. 25, 2010, now U.S. Pat. No. 8,128,243, which is a continuation of
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`U.S. patent application Ser. No. 12/851,045, filed Aug. 5, 2010, now U.S. Pat. No. 7,934,843,
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`which is a continuation of U.S. patent application Ser. No. 12/197,666, filed Aug. 25, 2008, now
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`U.S. Pat. No. 7,842,154, which is a division of U.S. patent application Ser. No. 10/709,434, filed
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`May 5, 2004, now U.S. Pat. No. 7,420,756, which claims the benefit of U.S. provisional application,
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`Ser. No. 60/471,872, filed May 20, 2003, which are hereby incorporated herein by reference in their
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`entireties.
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`FIELD OF THE INVENTION
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`[0002]
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`The present invention relates generally to rearview mirror elements for a rearview mirror
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`assembly of a vehicle and, more particularly, to exterior rearview mirror elements comprising multi(cid:173)
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`radius reflective elements.
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`BACKGROUND OF THE INVENTION
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`[0003]
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`Typically, mirror reflective elements are formed of glass and have a reflective coating
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`deposited thereon, such as via vacuum deposition or wet chemical silvering or the like, such as on a
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`silver line, such as described in U.S. Pat. No. 4,737,188, which is hereby incorporated herein by
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`reference. Polymeric reflective elements are also known, such as are described in U.S. Pat. Nos.
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`6,601,960; 6,409,354; 4,944,581; 4,385,804; 4,193,668; 4,666,264; and 5,483,386, which are
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`hereby incorporated herein by reference. For such polymeric mirror reflective elements, the need
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`exists for a hard coat or surface on the first or outer or exterior surf ace of the element which is
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`contacted by the exterior elements, such as rain, road debris, or the like, or contacted, for example,
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`by a person scraping ice or wiping snow or condensation off the mirror element outer surface, such
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`as during winter. A variety of hard coats have been proposed in the art, typically applied by dip
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`coating or vacuum deposition techniques. However, a need exists for an automotive mirror
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`reflective element which has the properties of plastic (i.e., a specific gravity roughly half that of
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`glass), and which has a glass-like exterior surface.
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`SMR USA
`Exhibit 1006
`Page 014
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`[0004]
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`Also, exterior rearview mirror reflective elements may be aspheric or multi-radius, and may
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`typically have a less curved or substantially flat (around 2000 mm radius or thereabouts) inboard
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`portion or surface at the inboard side of the reflective element (i.e., closer to the side body of the
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`vehicle when the mirror assembly is mounted to the vehicle), and a more curved multi-radius
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`portion or surface at the outboard side of the reflective element (i.e., further from the side body of
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`the vehicle when the mirror assembly is mounted to the vehicle), in order to provide an extended
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`field of view. It is typically desirable to have the reflective elements or substrates of such exterior
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`mirror elements to be formed of a g