`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`['Nl'l‘l'll) S'I'Am‘i DEPARTMENT OF COMMERCE
`United Sink-s Patent and Trademark OII'Icc
`Addicss: COMMISSIONER 130R l’A'l‘IZN'l'S
`PI} Box [430
`Atcwdria. \a’irgilfin 23113-1450
`www.mplngnv
`
`APPLICA'HON N0.
`FILING DATE
`FIRST NAMED INVENI‘OR
`A'E'I‘ORNIEY DOCKET NO.
`CONFIRMATION N0.
`
`13!?16091
`023250013
`Niall R. Lynam
`DOND‘) llama
`1002
`
`‘
`,
`1
`hx \M IM-R
`(aardncr. Lmn. Burkharl & [-‘lory. LLI’ —
`285i Charlemix [)r.
`AMARI. ALESSANDROV
`
`SH.Suite 207
`”my.
`,
`..
`.1.
`_
`Grand Rapids. MI 49546 2371
`
`NIJ'I'D‘ltJA'i'ION DATE
`DELIVER ‘1' MODE
`
`()8! | 0201 .1
`lil J‘IT'I‘RONIC
`
`Please find below andfor attached an Office communication concerning this application or proceeding.
`
`The time period f01'rep1y, if any. is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es}:
`sytsma @glbf.c0m
`mason C0.) glbfcom
`patents @ glbfcom
`
`P'1'01,-9£m (Rev. (MFG?)
`
`Patent Owner Magna - Ex. 2009, p. 1
`Patent Owner Magna - Ex. 2009, p. 1
`
`

`

`
`
`Application No.
`
`Applicantlls}
`LYNAM, NIALL a.
`
`Office Astra" summary
`
` ‘3’775-091
`AlMFirstInvenlor to File)
`Art Unit
`Examiner
`
`
`I54?“
`2872
`ALESSANDRO AMARI
`— The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
` Aflachmenus)
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION
`Extensions oftime may be available under the provisions of 3? CFR 1.136(a}.
`In no event however. may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`ll NO period for reply is specified above. the maximum statutory period will apply and wiil expire Six (5‘; MONTHS from [he mailing date of Ihis communication.
`-
`. Failure to reply within the set or exlended period for reply will. by statute. 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 .704[bi.
`
`Status
`
`HE Responsive to communicationts) filed on 26 June 2013.
`[I A declaration(sitaffidavids) under 37 OFF! 1.130(b) wastwere filed on
`
`am This action is nonwtinal.
`2a)l:] This action is FINAL.
`3)I:I 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)l:] 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 Quayle, 1935 CD. 11. 453 OG. 213.
`
`Disposition ot Claims
`
`Sig Claim(s) fl isiare pending in the application.
`5a) Of the above claim(s) we istare withdrawn trorn consideration.
`
`6)I:] Claim(s)__ isiare allowed.
`7}|X] Claimts} 1- 63nd 1140 Istare rejected
`BMZI Claim(s)_7-10 istare objected to
`
`9}I:I Claim((5)
`are subject to restriction andt0t election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information. please see
`httgwwww.usgtcgovrgatentstinit eventstgphtindexfisg or send an inquiry to PPHleedbackg’c‘flusgtogov.
`
`Application Papers
`10)|:| The specification is objected to by the Examiner.
`1MB The drawing(s} tiled on 25 Februagg 2013 istare: a)® accepted or oil] objected to by the Examiner.
`Applicant may not request that any objection to the drawingts) be held in abeyance. See 37 CFFI 1.85(a).
`Replacement drawing sheetts) including the correction is required it the drawingts) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(aJ-(d) or (f).
`Certified copies:
`a}|:| All on] Some ‘ c)|:| None of the:
`11:] Certified copies of the priority documents have been received.
`.
`21:] Certified copies of the priority documents have been received in Application No.
`31:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 1?.2(a)).
`' See the attached detailed Office action for a list of the codified copies not received.
`
`1) E Notice of References Cited (PTO-892]:
`_
`.
`2) E InformatIon Disclosure Statementts) (PTOIISBJIOS)
`Paper No(s}fMail Dale «rooms.
`U5 Palenl and Trademark Office
`PTOL—326 (Rev. 05—13]
`
`31 II] Interview Summary (PTO-4131
`Paper Nots)tMai| Date.
`4 I] 0th .
`I
`a“ —
`
`Office Action Summary
`
`Part of Paper No.tMail Date 20130809
`
`Patent Owner Magna - Ex. 2009, p. 2
`Patent Owner Magna - Ex. 2009, p. 2
`
`
`
`

`

`Application/Control Number: 131776.091
`Art Unit: 2872
`
`Page 2
`
`DETAILED ACTION
`
`Erection/Restrictions
`
`Applicant's election of Invention l (claims 1-40) in the reply filed on 26 June 2013
`
`is acknowledged. Because applicant did not distinctly and specifically point out the
`
`supposed errors in the restriction requirement, the election has been treated as an
`
`election without traverse (MP EP § 818.03(a)). Claims 41-98 are withdrawn from further
`
`consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention,
`
`there being no allowable generic or linking claim.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
`
`102 that form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`(a) the invention was described in (1) an application for patent. published under section
`122(b), by another filed in the United States before the invention by the applicant for patent or
`(2) a patent granted on an appticatlon for patent by another filed in the United States before
`the invention by the 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 1-6 and 11-40 are rejected under pre-AIA 35 U.S.C. 102(e) as being
`
`anticipated by Lynam et al (hereafter “Lynarn") US 20020072026.
`
`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 pre-AIA 35 U.S.C. 102(e). This rejection under pre-AIA 35 U.S.C. 102(e) might be
`
`overcome either by a showing under 37 CFR 1.132 that any invention disclosed but not
`
`Patent Owner Magna - Ex. 2009, p. 3
`Patent Owner Magna - EX. 2009, p. 3
`
`

`

`Application/Control Number: 131776091
`Art Unit: 2872
`
`Page 3
`
`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(3).
`
`In regard to claim 1, Lynam discloses (see Figs. 1-3, 5, 6, 8, 11, 12, 14) an
`
`exterior sideview mirror assembly suitable for use on a vehicle, said exterior sideview
`
`mirror assembly comprising: a mirror housing (40); a mirror backing plate element (60);
`
`wherein said mirror backing plate element is movable within said mirror housing by an
`
`eiectrically-operable actuator (36) as described in [0042]; a main piano mirror element
`
`(50) fixedly disposed at a first portion of said mirror backing plate element as described
`
`in [0041], [0042]; said main piano mirror element having a first primary field of view
`
`rearward of a vehicle equipped with said exterior sideview mirror assembly as described
`
`in [0041] and [0042]; an auxiliary non-piano curved mirror element (55) fixedly disposed
`
`at a second portion of said mirror backing plate eiement as described in [0042]; wherein
`
`said main piano mirror element and said auxiliary non-piano curved mirror element are
`
`adjacently disposed at said mirror backing plate element in a side-by-side relationship
`
`and are not superimposed with one mirror element on top of the other mirror element as
`
`shown in Figure 5; wherein said mirror backing plate element comprises a polymeric
`
`molding as described in [0050]: said auxiliary non-piano curved mirror element having a
`
`second auxiliary field of view rearward of the equipped vehicle as described in [0083];
`
`wherein said first primary field of view of said main piano mirror element overlaps said
`
`second auxiliary field of view of said auxiliary non-piano curved mirror element as
`
`shown in Figure 14 and as described in [0076]; wherein said auxiliary non-piano curved
`
`mirror element that is at said second portion of said mirror backing plate element is
`
`Patent Owner Magna - Ex. 2009, p. 4
`Patent Owner Magna - Ex. 2009, p. 4
`
`

`

`Application/Control Number: 13776091
`Art Unit: 2872
`
`Page 4
`
`angled relative to said main piano mirror element that is at said first portion of said
`
`mirror backing plate element as shown in Figures 11 and 12; wherein said mirror
`
`backing plate element mounts to said actuator such that movement of said mirror
`
`backing plate element by said actuator simultaneously and similarly moves said main
`
`piano mirror element and said auxiliary non-piano curved mirror element as described in
`
`[0041], [0042] and [0056]; wherein said main piano mirror element comprises one of (a)
`
`a generally fiat glass substrate having a surface coated with a metallic reflector coating
`
`and (b) a generally flat polymeric substrate having a thin glass element applied to a
`
`surface thereof and with an opposing surface thereof having a reflecting layer applied
`
`thereto as described in [0043]; and wherein said first primary field of view of said main
`
`piano mirror element overlaps said second auxiliary field of view of said auxiliary non-
`
`plano curved mirror element by between about 2 degrees and about 20 degrees as
`
`shown in Figure 14 and as described in [0076].
`
`Regarding claim 2, Lynam discloses that said main piano mirror element
`
`comprises a generally flat glass substrate having a surface coated with a metallic
`
`reflector coating as described in [0043].
`
`Regarding claim 3, Lynam discloses (see Fig. 5) including a divider (65) between
`
`said main piano mirror element and said auxiliary non-piano curved mirror element that
`
`visually demarcates said auxiliary non—piano curved mirror element from said main
`
`piano mirror element as described in [0042].
`
`Patent Owner Magna - Ex. 2009, p. 5
`Patent Owner Magna - EX. 2009, p. 5
`
`

`

`Application/Control Number: 13:77:31,091
`Art Unit: 2872
`
`Page 5
`
`Regarding claim 4, Lynam discloses wherein said mirror backing plate element
`
`includes a molded wall extending from a surface thereof and wherein said divider
`
`comprises at least a portion of said molded wall as described in [0051].
`
`Regarding claim 5, Lynam discloses that said molded wall generally
`
`circumscribes the circumferential edge of said auxiliary non-piano curved mirror element
`
`when said auxiliary non-piano curved mirror element is disposed at said mirror backing
`
`piate element as shown in Figure 5 and as described in [0051].
`
`Regarding claim 6, Lynam discloses that said main piano mirror element
`
`comprises a generally flat glass substrate having a surface coated with a metallic
`
`reflector coating as described in [0043}.
`
`Regarding claim 11, Lynam discloses that said auxiliary non-piano curved mirror
`
`eiement comprises a reflector-coated convex-curved substrate as shown in Figure 6
`
`and as described in [0042].
`
`Regarding claim 12, Lynam discloses that said second portion of said mirror
`
`backing plate element is convex-curved as described in [0080].
`
`Regarding claim 13, Lynam discloses wherein said auxiliary non-piano curved
`
`mirror element has a spherical curvature as described in [0083].
`
`Regarding claim 14, Lynam discloses that said second portion of said mirror
`
`backing plate element has a curvature at least partially matching said spherical
`
`curvature as described in [0083].
`
`Regarding claim 15, Lynam discloses wherein. when used in the exterior
`
`sideview mirror assembly of the equipped vehicle, said main piano mirror element has a
`
`Patent Owner Magna - Ex. 2009, p. 6
`Patent Owner Magna - EX. 2009, p. 6
`
`

`

`Application/Control Number: 13f776,091
`Art Unit: 2872
`
`Page 6
`
`rearward field of view that generally subtends an angle of less than about 20 degrees
`
`relative to the side of the equipped vehicle as shown in Figure 14 and as described in
`
`[0076].
`
`Regarding claim 16, Lynam discloses wherein, when used in the exterior
`
`sideview mirror assembly of the equipped vehicle, said auxiliary non-piano curved
`
`mirror element has a rearward field of view that generally subtends an angle that is in
`
`the range from about 15 degrees relative to the side of the equipped vehicle to about 50
`
`degrees relative to the side of the equipped vehicle as shown in Figure 14 and as
`
`described in [0076].
`
`Regarding claim 17, Lynam discloses wherein said main piano mirror element
`
`has an X-axis and a Y-axis and wherein, when disposed at said second portion of said
`
`mirror backing plate element, said auxiliary non-piano curved mirror element is at least
`
`one of (a) tilted generally downward with respect to the Y-axis of said main piano mirror
`
`element by an angle that is the range from about 0.75 degrees to about 5 degrees and
`
`(b) tilted generally fonivardly with respect to the X-axis of said main piano mirror element
`
`by an angle that is the range from about 0.75 degrees to about 5 degrees as shown in
`
`Figures 13 and 14 and as described in [0074].
`
`Regarding claim 18, Lynam discloses that said second auxiliary field of view
`
`rearward of the equipped vehicle views into a blind spot in a side lane adjacent the side
`
`of the equipped vehicle at which said exterior sideview mirror assembly is attached, and
`
`wherein said blind spot is generally outside the rearward field of view of said main piano
`
`mirror element when said main piano mirror element is viewed by a driver of the
`
`Patent Owner Magna - Ex. 2009, p. 7
`Patent Owner Magna - EX. 2009, p. 7
`
`

`

`Application/Control Number: 13i776,091
`Art Unit: 2872
`
`Page 7
`
`equipped vehicle when said exterior sideview mirror assembly is attached at the side of
`
`the equipped vehicle as shown in Figure 14 and as described in [0076] and [0077].
`
`Regarding claim 19, Lynam discloses wherein, when disposed at said second
`
`portion of said mirror backing plate element. at least one of (a) said auxiliary non- plano
`
`curved mirror element is tilted generally downward with respect to a Y-axis of said main
`
`piano mirror element by an angle that is the range from about 0.75 degrees to about 5
`
`degrees and (b) said auxiliary non-piano curved mirror element is tilted generally
`
`forwardly with respect to an X~axis of said main piano mirror element by an angle that is
`
`the range from about 0.75 degrees to about 5 degrees as shown in Figures 13 and 14
`
`and as described in [0074].
`
`Regarding claim 20, Lynam discloses wherein said auxiliary non-piano curved
`
`mirror element comprises a reflector-coated convex-curved substrate as shown in
`
`Figure 6 and as described in [0042].
`
`Regarding claim 21, Lynam discloses that said auxiliary non-piano curved mirror
`
`element comprises a reflector-coated convex-curved glass substrate as shown in Figure
`
`6 and as described in [0042].
`
`Regarding claim 22, Lynam discloses that said second portion of said mirror
`
`backing plate element is convex-curved as described in [0080].
`
`Regarding claim 23, Lynam discloses wherein said auxiliary rich-piano curved
`
`mirror element has a spherical curvature as described in [0083].
`
`Patent Owner Magna - Ex. 2009, p. 8
`Patent Owner Magna - EX. 2009, p. 8
`
`

`

`Application/Control Number: 13f776,091
`Art Unit: 2872
`
`Page 8
`
`Regarding claim 24, Lynam discloses that said second portion of said mirror
`
`backing plate element has a curvature at least partially matching said spherical
`
`curvature as described in [0083].
`
`Regarding claim 25, Lynam discloses wherein the overall rearward field of view
`
`of said main plano mirror element combined with said auxiliary non-piano curved mirror
`
`eiement is at least about 25 degrees relative to the side of the equipped vehicle as
`
`described in [0076] and as shown in Figure 14.
`
`Regarding claim 26, Lynam discloses that the overall rearward field of view of
`
`said main piano mirror element combined with said auxiliary non-piano curved mirror
`
`eiement is less than about 50 degrees reiative to the side of the equipped vehicle as
`
`described in [0076] and as shown in Figure 14.
`
`Regarding claim 27, Lynam discloses wherein said first primary field of view of
`
`said main piano mirror element overlaps said second auxiliary field of view of said
`
`auxiliary non-piano curved mirror element by between about 5 degrees and about 15
`
`degrees as described in [0076] and as shown in Figure 14.
`
`Regarding claim 28, Lynam discloses wherein said first primary field of View of
`
`said main piano mirror element overlaps said second auxiliary field of view of said
`
`auxiliary non-piano curved mirror element by between about 8 degrees and about 10
`
`degrees as described in [0076] and as shown in Figure 14.
`
`Regarding claim 29, Lynam discloses that said main piano mirror element has a
`
`fixed reflectance and wherein said auxiliary non-piano curved mirror element has a fixed
`
`reflectance and wherein said fixed reflectance auxiliary non-piano curved mirror element
`
`Patent Owner Magna - Ex. 2009, p. 9
`Patent Owner Magna - EX. 2009, p. 9
`
`

`

`Application/Control Number: 13776091
`Art Unit: 2872
`
`Page 9
`
`comprises a curved glass substrate coated with a metallic reflector coating as described
`
`in [0043] and [0047].
`
`Regarding claim 30, Lynam discloses that said main plano mirror element is
`
`disposed at said mirror backing plate element by at least one of an adhesive attachment
`
`and a mechanical attachment and wherein said auxiliary non-plano curved mirror
`
`eiement is disposed at said mirror backing plate element by at least one of an adhesive
`
`attachment and a mechanical attachment, and wherein said auxiliary non-plano curved
`
`mirror element comprises a bent glass substrate having a surface coated with a metallic
`
`reflector coating as described in [0050].
`
`Regarding claim 31, Lynam discloses that said main plano mirror element
`
`comprises a glass substrate having a surface coated with a metallic reflector coating
`
`and wherein said auxiliary non-plano curved mirror element comprises a glass substrate
`
`having a surface coated with a metallic reflector coating, and wherein said auxiliary non-
`
`piano curved mirror element comprises a bent glass substrate as described in [0050].
`
`Regarding claim 32, Lynam discloses wherein said main piano mirror element
`
`comprises a substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary non-plano curved mirror element comprises a substrate having a
`
`surface coated with a metallic reflector coating, and wherein said second portion of said
`
`mirror backing plate element comprises a curvature correSponding to a curvature of said
`
`auxiliary non-plano curved mirror element, and wherein said second portion of said
`
`mirror backing plate element comprises at least one of (a) a spherical curvature, (b) an
`
`aspherical curvature and (c) a multiradius curvature as described in [0050] and [0083].
`
`Patent Owner Magna - Ex. 2009, p. 10
`Patent Owner Magna - EX. 2009, p. 10
`
`

`

`Application/Control Number: 13i776,091
`Art Unit: 2872
`
`Page 10
`
`Regarding claim 33, Lynam discloses that said auxiliary non-piano curved mirror
`
`eiement comprises a heater element operable to demistrdeice the outmost surface of
`
`said auxiliary non-piano curved mirror element when said auxiliary non-piano curved
`
`mirror element is disposed at said mirror backing plate element and when said exterior
`
`sideview mirror assembly is attached and operated at the side of the equipped vehicle
`
`as described in [0054], [0065] and [0066].
`
`Regarding claim 34, Lynam discloses that said exterior sideview mirror assembly
`
`comprises a driver-side exterior sideview mirror assembly as shown in Figure 1 and as
`
`described in [0041].
`
`Regarding claim 35, Lynam discloses wherein, when attached at the side of the
`
`equipped vehicle, said driver-side exterior sideview mirror assembly provides to the
`
`driver of the equipped vehicle a total rearward field of view that generally subtends an
`
`angie of at least about 25 degrees with respect to the side of the equipped vehicle as
`
`shown in Figure 14 and as described in [0076].
`
`Regarding claim 36, Lynam discloses wherein a ratio of the width of said main
`
`piano mirror element to the width of said auxiliary non-piano curved mirror element is
`
`greater than 1.5 as described in [0049].
`
`Regarding claim 37, Lynam discloses that said exterior sideview mirror assembly
`
`comprises a driver-side exterior sideview mirror assembly of the equipped vehicle, and
`
`wherein at least one of said main plane mirror element and said auxiliary non- plane
`
`curved mirror element comprises a glass substrate having a surface coated with a
`
`metallic reflector coating, and wherein said metallic reflector coating is selected from the
`
`Patent Owner Magna - Ex. 2009, p. 11
`Patent Owner Magna - Ex. 2009, p. 11
`
`

`

`Application/Control Number: 13l776,091
`Art Unit: 2872
`
`Page 1 1
`
`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 [0043] and [0047].
`
`Regarding claim 38, Lynam discloses that said auxiliary non-piano curved mirror
`
`element has a fixed reflectance and wherein said fixed reflectance auxiliary non-piano
`
`curved mirror element comprises a spherically bent glass substrate coated with a
`
`metallic reflector as described in [0043], [0047] and [0083].
`
`Regarding claim 39, Lynam discloses that said first primary field of view of said
`
`main piano mirror element overlaps said second auxiliary field of view of said auxiliary
`
`non-piano curved mirror element by between about 5 degrees and about 15 degrees as
`
`shown in Figure 14 and as described in [0078].
`
`Regarding claim 40, Lynam discloses that said first primary field of view of said
`
`main piano mirror element overlaps said second auxiliary field of View of said auxiliary
`
`non-piano curved mirror element by between about 8 degrees and about 10 degrees as
`
`shown in Figure 14 and as described in [0076].
`
`Allowable Subject Matter
`
`Claims 7-10 are objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims.
`
`Claim 7 is allowable for at least the reason, “said main piano mirror element
`
`comprises a generally flat polymeric substrate having a thin glass element applied to a
`
`Patent Owner Magna - Ex. 2009, p. 12
`Patent Owner Magna - Ex. 2009, p. 12
`
`

`

`Application/Control Number: 13i776,091
`Art Unit: 2872
`
`Page 12
`
`surface thereof and with an opposing surface thereof having a reflecting layer applied
`
`thereto, and wherein said generally flat polymeric substrate is formed from an elongated
`
`sheet of substrate material comprising a polymeric resin material, and wherein said
`
`elongated sheet has a substantially transparent functional film applied at a surface
`
`thereof, and wherein said substantially transparent functional film provides at least one
`
`of (a) an anti-abrasion function, (b) a hydrophobic function and (c) a hydrophilic
`
`function, and wherein said functional film comprises an ultrathin glass material which is
`
`sufficiently flexible to be provided in a reel or roll, and wherein said functional film is
`
`sufficiently flexible to conform to said generally flat polymeric substrate of said main
`
`piano mirror element, and wherein said main piano mirror element comprises a
`
`reflective fiim disposed at a surface of said generally flat polymeric substrate opposite
`
`said substantially transparent functional film” as set forth in the claimed combination.
`
`Claims 8-10 are allowable due to their dependence on claim 7.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALESSANDRO AMARI whose telephone number is
`
`(571)272-2306. The examiner can normally be reached on Monday-Friday 8:00 AM to
`
`5:30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Thomas Pham can be reached on (571) 2?2-3689. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Patent Owner Magna - Ex. 2009, p. 13
`Patent Owner Magna - EX. 2009, p. 13
`
`

`

`Application/Control Number: 13f776,091
`Art Unit: 2872
`
`Page 13
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`pubiished applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is availabie through Private PAIR only.
`
`For more information about the PAIFI system, see http:ffpair-direct.usptogov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 886-217-9197 (toll-free). If you would like assistance from a
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`
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`
`fAlessandro Amarif
`
`Primary Examiner, Art Unit 2872
`
`Patent Owner Magna - Ex. 2009, p. 14
`Patent Owner Magna - Ex. 2009, p. 14
`
`

`

`PATENT
`DONOQ P-2048
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`2872
`Group Art Unit :
`Examiner
`: Alessandro V. Amari
`
`Inventor
`Serial No.
`
`Filed
`For
`
`:
`:
`
`:
`:
`
`Niall R. Lynam
`131776.091
`
`February 25, 2013
`EXTERIOR SIDEVIEW MIRROR ASSEMBLY
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`RESPONSE
`
`Responsive to the Office Action mailed August 16, 2013, Applicant wishes to
`
`amend the application as follows:
`
`Amendments to the Claims are reflected in the listing of claims which begins on page
`
`2 of this paper.
`
`Remarks begin on page 12 of this paper.
`
`Patent Owner Magna - Ex. 2009, p. 15
`Patent Owner Magna - EX. 2009, p. 15
`
`

`

`Inventor
`Serial No.
`
`Page
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`:
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`:
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`Niall R. Lynam
`13r776,091
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`2
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`Amendments to the Claims:
`
`This listing of claims will replace all prior versions and listings of claims in the
`
`present application:
`
`1
`
`(original): An exterior sideview mirror assembly suitable for use on a vehicle, said
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`exterior sideview mirror assembly comprising:
`
`a mirror housing;
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`a mirror backing plate element;
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`wherein said mirror backing plate element is movabie within said mirror housing
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`by an electrically-operable actuator;
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`a main piano mirror element fixedly disposed at a first portion of said mirror
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`backing plate element;
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`said main piano mirror element having a first primary field of view rearward of a
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`vehicle equipped with said exterior sideview mirror assembly:
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`an auxiliary non-piano curved mirror element fixedly disposed at a second
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`portion of said mirror backing plate element:
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`wherein said main piano mirror element and said auxiliary non-piano curved
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`mirror element are adjacently disposed at said mirror backing plate element in a side-
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`by~side relationship and are not superimposed with one mirror element on top of the
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`other mirror element;
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`wherein said mirror backing piate eiement comprises a polymeric molding;
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`said auxiliary non-piano curved mirror eiernent having a second auxiliary field of
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`view rearward of the equipped vehicle;
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`wherein said first primary field of view of said main piano mirror eiement overlaps
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`said second auxiliary field of view of said auxiliary non-piano curved mirror element;
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`wherein said auxiliary non-piano curved mirror element that is at said second
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`portion of said mirror backing plate element is angled relative to said main piano mirror
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`element that is at said first portion of said mirror backing plate element;
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`Patent Owner Magna - Ex. 2009, p. 16
`Patent Owner Magna - EX. 2009, p. 16
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`

`

`Inventor
`Serial No.
`
`Page
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`:
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`:
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`Niall R. Lynam
`13i776,091
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`3
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`wherein said mirror backing piate element mounts to said actuator such that
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`movement of said mirror backing plate element by said actuator simultaneously and
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`similarly moves said main piano mirror element and said auxiliary non-piano curved
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`mirror element;
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`wherein said main piano mirror element comprises one of (a) a generaiiy flat
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`glass substrate having a surface coated with a metallic reflector coating and (b) a
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`generally flat polymeric substrate having a thin glass element applied to a surface
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`thereof and with an opposing surface thereof having a reflecting layer applied thereto;
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`and
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`wherein said first primary field of view of said main piano mirror element overlaps
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`said second auxiliary field of view of said auxiliary non-piano curved mirror element by
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`between about 2 degrees and about 20 degrees.
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`2 (original): The exterior sideview mirror assembly of claim 1, wherein said main piano
`
`mirror element comprises a generally flat glass substrate having a surface coated with a
`
`metallic reflector coating.
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`3 (original): The exterior sideview mirror assembly of claim 1, including a divider
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`between said main piano mirror element and said auxiliary non-piano curved mirror
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`element that visually demarcates said auxiliary non~p|ano curved mirror element from
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`said main piano mirror eiement.
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`4 (original): The exterior sideview mirror assembly of claim 3, wherein said mirror
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`backing plate element includes a molded wall extending from a surface thereof and
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`wherein said divider comprises at least a portion of said molded wall.
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`5 (original): The exterior sideview mirror assembly of claim 4, wherein said molded
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`wall generally circumscribes the circumferential edge of said auxiliary non-piano curved
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`Patent Owner Magna - Ex. 2009, p. 17
`Patent Owner Magna - EX. 2009, p. 17
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`Inventor
`Serial No.
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`Page
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`Niall R. Lynam
`13r776,091
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`4
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`mirror element when said auxiliary non-piano curved mirror efernent is disposed at said
`
`mirror backing plate element.
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`6 (original): The exterior sideview mirror assembly of claim 5, wherein said main piano
`
`mirror element comprises a generally flat glass substrate having a surface coated with a
`
`metallic reflector coating.
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`7 (original): The exterior sideview mirror assembly of claim 1, wherein said main piano
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`mirror element comprises a generally flat polymeric substrate having a thin glass
`
`eiement applied to a surface thereof and with an opposing surface thereof having a
`
`reflecting layer applied thereto, and wherein said generally flat polymeric substrate is
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`formed from an elongated sheet of substrate material comprising a polymeric resin
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`material, and wherein said elongated sheet has a substantially transparent functional
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`film applied at a surface thereof, and wherein said substantially transparent functional
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`film provides at least one of (a) an anti-abrasion function, (b) a hydrophobic function
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`and (c) a hydrophilic function, and wherein said functional film comprises an ultrathin
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`glass material which is sufficiently flexible to be provided in a reel or roll, and wherein
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`said functional film is sufficiently flexible to conform to said generally flat polymeric
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`substrate of said main piano rnirror element, and wherein said main piano mirror
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`eiement comprises a reflective film disposed at a surface of said generally flat
`
`polymeric substrate opposite said substantially transparent functional film.
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`8 (original): The exterior sideview mirror assembly of claim 7, wherein said thin glass
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`element comprises a thin flexible glass sheet, said thin flexible glass sheet existing as a
`
`pre-formed glass sheet that is separate from said generally flat polymeric substrate,
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`said thin flexible glass sheet having an attaching surface, wherein said attaching
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`surface is opposed to and adhered to said surface of said generally flat polymeric
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`substrate when said thin flexible glass sheet is adhered to said exterior surface of said
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`generally flat polymeric substrate, said thin flexible glass sheet providing an anti-
`
`Patent Owner Magna - Ex. 2009, p. 18
`Patent Owner Magna - EX. 2009, p. 18
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`Inventor
`Serial No.
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`Page
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`Niall R. Lynam
`13(776,091
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`5
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`abrasion function at said surface of said generally fl