`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WWW. USspto,gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`13/071,169
`
`03/24/2011
`
`Niall R. Lynam
`
`DONOS P-1695
`
`3469
`
`LI/62011
`7590
`28101
`VAN DYKE, GARDNER, LINN & BURKHART, LLP
`SUITE 207
`2851 CHARLEVOIX DRIVE,S.E.
`
`GRANDRAPIDS, MI 49546 ART UNIT
`
`
`ANE
`SAMIR
`AMARI, ALESSANDRO V
`PAPER NUMBER
`
`2872
`
` MAIL DATE
`
`11/16/2011
`
`PAPER
`
`DELIVERY MODE
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Patent Owner Magna - Ex. 2005, p. 1
`Patent Owner Magna- Ex. 2005, p. 1
`
`

`

` Application No. Applicant(s)
`
`
`
`Office Action Summary
`
`13/071,169
`Ezantnier
`
`LYNAM, NIALL R.
`Art Unit
`
`
`uceworomenlee|
`
` U.S. Patent and Trademark Office
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`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 of time may be available under the provisions of 37 CFR 1.136(a).
`In no event, however, may a reply betimely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`IfNO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period forreply 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, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b)
`
`Status
`
`1)X] Responsive to communication(s)filed on 06 September 2011.
`2a)C This action is FINAL.
`2b) This action is non-final.
`3)L An election was made bythe applicant in responseto a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5) Claim(s) 1-26 is/are pendingin the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-26 is/are rejected.
`8)L] Claim(s) ____ is/are objected to.
`9) Claim(s)__ are subjectto restriction and/or election requirement.
`
`Application Papers
`
`10)L Thespecification is objected to by the Examiner.
`
`11)C The drawing(s)filed on
`is/are: a)L] accepted orb)[] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacementdrawing sheet(s) including the correction is requiredif the drawing(s) is objected to. See 37 CFR 1.121(d).
`12)(] Theoath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)D Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)LJAll b)[] Some * c)] Noneof:
`1.0] Certified copies of the priority documents have been received.
`2.2] Certified copies of the priority documents have been received in Application No.
`3.1. Copiesof the certified copies of the priority documents have beenreceivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action foralist of the certified copies not received.
`
`Attachment(s)
`1) [1 Notice of References Cited (PTO-892)
`2) [J Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [J information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date___.
`
`4) J interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) [] Notice of informal Patent Application
`6)(_] other:
`
`PTOL-326 (Rev, 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20111109
`
`Patent Owner Magna - Ex. 2005, p. 2
`Patent Owner Magna- Ex. 2005, p. 2
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 2
`
`DETAILED ACTION
`
`Terminal Disclaimer
`
`The terminal disclaimerfiled on 6 September 2011 disclaiming the terminal
`
`portion of any patent granted on this application which would extend beyond the
`
`expiration date of US 7934843 has been reviewed and is accepted. The terminal
`
`disclaimer has been recorded.
`
`Double Patenting
`
`Claims 1-26 are provisionally rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1-27 of
`
`copending Application No. 13/071,174. Although the conflicting claims are notidentical,
`
`they are not patentably distinct from each other because the claim combinationsrecite
`
`essentially the same subject matter and claim 1 in the instant invention is broader than
`
`claim 1
`
`in 13/071,174.
`
`This is a provisional obviousness-type double patenting rejection becausethe
`
`conflicting claims have notin fact been patented.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections underthis section madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application for patent by another filed in the United States before the invention by the
`
`Patent Owner Magna - Ex. 2005, p. 3
`Patent Owner Magna- Ex. 2005, p. 3
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 3
`
`applicant for patent, except that an international application filed under the treaty defined in section
`351 (a) shall have the effects for purposes of this subsection of an application filed in the United States
`only if the international application designated the United States and was published under Article 21(2)
`of such treaty in the English language.
`
`Claims 1-26 are rejected under 35 U.S.C. 102(e) as being anticipated by Lynam
`
`et al (hereafter “Lynam”) US 2002/0072026.
`
`The applied reference has a common inventor with the instant application.
`
`Based uponthe earlier effective U.S. filing date of the reference,it constitutes prior art
`
`under 35 U.S.C. 102(e). This rejection under 35 U.S.C. 102(e) might be overcome
`
`either by a showing under 37 CFR 1.132 that any invention disclosed but not claimed in
`
`the reference was derived from the inventorof this application and is thus not the
`
`invention “by another,” or by an appropriate showing under 37 CFR 1.131.
`
`In regard to claim 1, Lynam discloses (see Figures 3-9) an exterior sideview
`
`mirror system suitable for use on an automobile, said exterior sideview mirror system
`
`comprising: an exterior sideview mirror assembly (12) adapted for attachmentto a side
`
`of an automobile; said exterior sideview mirror assembly including a reflective element
`
`(30) having a rearwardfield of view when attached to the side of the automobile; said
`
`reflective element attached to an electrically-operated actuator (36) of said exterior
`
`sideview mirror assembly and movable by said actuator in orderto position said
`
`rearwardfield of view to a driver-desired position when said exterior sideview mirror
`
`assembly is attached to the side of the automobile as described in paragraph [0036];
`
`wherein said reflective element comprises a plano-auxiliary reflective element
`
`assembly, said piano-auxiliary reflective element assembly comprising a planoreflective
`
`element having unit magnification and a separate auxiliary reflective element having a
`
`Patent Owner Magna - Ex. 2005, p. 4
`Patent Owner Magna- Ex. 2005, p. 4
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 4
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`curvature as described in paragraph [0015] and as shownin Figures 5A-5H; said plano
`
`reflective element and said auxiliary reflective element of said plano-auxiliary reflective
`
`element assembly mounted adjacently at said piano-auxiliary reflective element
`
`assembly in a side-by-side relationship and not superimposed with one reflective
`
`elementon top of the otherreflective element as shownin Figures 5a-5H; said plano
`
`reflective element and said auxiliary reflective element supported at a backing plate
`
`element (60, 160), said backing plate element mounting to said actuator such that
`
`movementof said backing plate elementof said piano-auxiliary reflective dement
`
`assembly by said actuator simultaneously and similarly moves said plano reflective
`
`element and said auxiliary reflective element as described in paragraph [0042]; said
`
`auxiliary reflective element having a wide-angle field of view encompassing a blind spot
`
`in the side lane adjacent the side of the automobile to which said exterior sideview
`
`mirror assembly is attached as described in paragraph [0058]; said backing plate
`
`element havingafirst support portion supporting said plano reflective element and a
`
`second support portion supporting said auxiliary reflective element as shownin Figures
`
`3 and 6; wherein said auxiliary reflective elementis positioned at an outboard portion of
`
`said piano-auxiliary reflective element assembly when said exterior sideview mirror
`
`assembly is mounted to the side of the automobile as shownin Figures 5A-5H and as
`
`described in paragraph [0057]; wherein said backing plate element comprises a
`
`polymeric substrate that is formed as a single elementby injection molding of a
`
`polymeric resin as described in paragraph [0050]; wherein said backing plate elementis
`
`capable of supporting said plano reflective element and said auxiliary reflective element
`
`Patent Owner Magna - Ex. 2005, p. 5
`Patent Owner Magna- Ex. 2005, p. 5
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 5
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`as described in paragraph [0050]; wherein said first support portion of said backing
`
`plate element comprisesa flat portion and wherein said plano reflective element is
`
`disposed at said flat portion as described in paragraph [0050]; wherein said second
`
`support portion of said backing plate element comprises a curved portion and wherein
`
`said auxiliary reflective element is disposed at said curved portion; wherein the rearward
`
`field of view of said auxiliary reflective elementis different from and angled to the
`
`rearwardfield of view of said plano reflective element whenboth are attached to said
`
`backing plate element of said piano-auxiliary reflective element assembly when said
`
`piano-auxiliary reflective element assembly is included in said exterior sideview mirror
`
`assembly and whensaid exterior sideview mirror assembly is attached to the side of the
`
`automobile as described in paragraphs [0042] and [0051]; wherein angling of the
`
`rearwardfield of view of said auxiliary reflective elementrelative to the rearwardfield 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
`
`elementrelative to said first support portion of said backing plate element supporting
`
`said planoreflective element as described in paragraph [0059]; wherein, when said
`
`exterior sideview mirror assembly is attached to the side of the automobile, the field of
`
`view of said plano reflective element generally views rearwardly of the equipped
`
`automobile and thefield of view of said auxiliary reflective element generally views
`
`towards a blind spotin 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 rearwardfield of view of said plano reflective element whensaid plano reflective
`
`Patent Owner Magna - Ex. 2005, p. 6
`Patent Owner Magna- Ex. 2005, p. 6
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 6
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`element is viewed by a driver of the equipped automobile when said exterior sideview
`
`mirror assembly is attached to the side of the automobile as described in paragraphs
`
`[0052], [0058] and [0059]; wherein at least one of said 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 as described in paragraph [0043]; wherein said plano
`
`reflective element and said auxiliary reflective element are adjacently supported at said
`
`backing plate elementat a joint, and wherein said piano-auxiliary reflective element
`
`assembly includes a demarcation element(65, 165), said demarcation element
`
`disposed at said joint to form a demarcation between said plano reflective element and
`
`said auxiliary reflective element, said demarcation element having a portion visible to a
`
`driver of the automobile whensaid exterior sideview mirror assembly is attached to the
`
`side of the automobile as described in paragraph [0051] and as shownin Figures 3 and
`
`6; wherein at least a portion of said auxiliary reflective element adjacent said plano
`
`reflective elementhasits front surface generally coplanar with the front surface of said
`
`plano reflective element as described in paragraph [0048]; wherein said demarcation
`
`elementis dark colored as described in paragraph [0051]; wherein said demarcation
`
`element comprises a polymer material as described in paragraph [0051]; wherein said
`
`joint comprises a space betweensaid planoreflective element and said auxiliary
`
`reflective element as described in paragraph [0051] and as shownin Figures 3, 6, 8 and
`
`9; wherein said demarcation elementis at least partially disposed at said space
`
`Patent Owner Magna - Ex. 2005, p. 7
`Patent Owner Magna- Ex. 2005, p. 7
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 7
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`betweensaid plano reflective element and said auxiliary reflective element as shownin
`
`Figures 3, 6, 8 and 9; and wherein said demarcation element comprises a wall on said
`
`backing plate element, said wall located on said backing plate elementat said joint, said
`
`wall disposed betweensaid planoreflective element and said auxiliary reflective
`
`element as shown in Figure 6 and as described in paragraph [0051].
`
`Regarding claim 2, Lynam discloses that the rearwardfield of view of said
`
`auxiliary reflective elementis at an angle of at least about 3 degreesrelative to the
`
`rearwardfield of view of said plano reflective element as described in paragraph [0059].
`
`Regarding claim 3, Lynam discloses that the rearwardfield of view of said
`
`auxiliary reflective element is angled downward and outwardrelative to the rearward
`
`field of view of said plano reflective element as described in paragraph [0059].
`
`Regarding claim 4, Lynam discloses that the rearwardfield of view of said
`
`auxiliary reflective element is generally directed at least one of outwardly and
`
`downwardly with respectto the longitudinal axis of the equipped automobile when said
`
`exterior sideview mirror assembly is attached to the side of the automobile as described
`
`in paragraph [0059].
`
`Regarding claim 5, Lynam discloses that the rearwardfield of view of said
`
`auxiliary reflective element is generally directed outwardly and downwardly with respect
`
`to the longitudinal axis of the equipped automobile whensaid exterior sideview mirror
`
`assembly is attached to the side of the automobile as described in paragraphs [0013],
`
`[0058] and [0059].
`
`Patent Owner Magna - Ex. 2005, p. 8
`Patent Owner Magna- Ex. 2005, p. 8
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 8
`
`Regarding claim 6, Lynam discloses that said plano reflective elementis
`
`supported at said backing plate elementby at least one of an adhesive attachment and
`
`a mechanical attachment and wherein said auxiliary reflective element is supported at
`
`said backing plate element by at least one of an adhesive attachment and a mechanical
`
`attachment, and wherein said auxiliary reflective element comprises a glass substrate
`
`having a surface coated with a metallic reflector coating and wherein said auxiliary
`
`reflective element comprises a bent glass substrate with a spherical curvature as
`
`described in paragraph [0047] and [0055].
`
`Regarding claim 7, Lynam discloses that said plano reflective element comprises
`
`a flat glass substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a bent glass substrate having a
`
`surface coated with a metallic reflector coating, and wherein said bent glass substrate
`
`has a spherical curvature as described in paragraph [0047] and [0055].
`
`Regarding claim 8, Lynam disclosesthat said plano reflective element comprises
`
`a flat glass substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a bent glass substrate having a
`
`surface coated with a metallic reflector coating, and wherein said bent glass substrate
`
`has a multiradius curvature as described in paragraph [0047].
`
`Regarding claim 9, Lynam discloses that said plano reflective element comprises
`
`a flat glass substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a bent glass substrate having a
`
`Patent Owner Magna - Ex. 2005, p. 9
`Patent Owner Magna- Ex. 2005, p. 9
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 9
`
`surface coated with a metallic reflector coating, and wherein said bent glass substrate
`
`has an aspherical curvature as described in paragraph [0005] and [0080].
`
`Regarding claim 10, Lynam disclosesthat said plano reflective element
`
`comprises a substrate having a surface coated with a metallic reflector coating and
`
`wherein said auxiliary reflective element comprises a substrate having a surface coated
`
`with a metallic reflector coating as described in paragraph [0043] and [0047].
`
`Regarding claim 11, Lynam discloses that said curved portion of said backing
`
`plate element comprises a curvature corresponding to a curvature of said auxiliary
`
`reflective element, and wherein said curved portion of said backing plate element
`
`comprises at least one of (a) a spherical curvature, (b) an aspherical curvature and (c) a
`
`multiradius curvature as shown in Figures 3 and 6.
`
`Regarding claim 12, Lynam discloses that said demarcation element comprises a
`
`wall structure that at least partially partitions said backing plate elementinto a first
`
`region wheresaid planoreflective element is disposed and a separate and adjacent
`
`second region wheresaid auxiliary reflective elementis disposed, and wherein at least
`
`one of(a) said first region is adapted to receive said plano reflective element and (b)
`
`said secondregionis adapted to receive said auxiliary reflective element as described
`
`in paragraph [0051] and as shownin Figure 6.
`
`Regarding claim 13, Lynam disclosesthat said auxiliary reflective element
`
`comprises a heater element operable to demist/deice the outmostsurface of said
`
`auxiliary reflective element when said auxiliary reflective elementis disposed at said
`
`Patent Owner Magna - Ex. 2005, p. 10
`Patent Owner Magna- Ex. 2005, p. 10
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 10
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`backing plate element and whensaid exterior sideview mirror assembly is attached and
`
`operated on the side of the automobile as described in paragraph [0054].
`
`Regarding claim 14, Lynam discloses that said exterior sideview mirror assembly
`
`including said piano-auxiliary reflective element having a rearwardfield of view when
`
`attached to the side of the automobile comprisesa driver-side exterior sideview mirror
`
`assembly, and wherein, when attachedto the side of the automobile, said driver-side
`
`exterior sideview mirror assembly provides to the driver of the equipped automobile a
`
`total field of view that generally subtends an angle of at least about 25 degrees with
`
`respectto the side of the equipped automobile as described in paragraph [0046].
`
`Regarding claim 15, Lynam discloses that said auxiliary reflective element has an
`
`aspherical curvature as described in paragraph [0083].
`
`Regarding claim 16, Lynam disclosesthat said auxiliary reflective element has a
`
`spherical curvature as described in paragraph [0083].
`
`Regarding claim 17, Lynam disclosesthat the ratio of the width of said piano
`
`reflective element to the width of said auxiliary reflective element is greater than 1.5 as
`
`described in paragraph [0039].
`
`Regarding claim 18, Lynam disclosesthat said exterior sideview mirror assembly
`
`comprises a door-mounted exterior sideview mirror assembly adapted for attachmentto
`
`a side of the automobile adjacenta driver seating location of a driver of the automobile
`
`and wherein the rearwardfield of view of said auxiliary reflective element generally
`
`views downwardly towards the road surface adjacentto the driver seating location at
`
`Patent Owner Magna - Ex. 2005, p. 11
`Patent Owner Magna- Ex. 2005, p. 11
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 11
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`least at a distancein the range of about 1 foot to about 24 feet to the rear of the driver
`
`seating location as described in paragraph [0059].
`
`Regarding claim 19, Lynam discloses that at least one of said plano reflective
`
`elementand said auxiliary reflective element comprises a glass substrate having a
`
`surface coated with a metallic reflector coating, and wherein said metallic reflector
`
`coating is selected from the group consisting of (i) a chromium coating, (ii) a titanium
`
`coating,(iii) a rhodium coating, (iv) a metal-alloy coating, (v) a nickel alloy coating, (vi)
`
`an aluminum coating and(vii) a silver coating as described in paragraph [0043].
`
`Regarding claim 20, Lynam disclosesthat said plano reflective element
`
`comprises an electro-optic reflective element as described in paragraph [0043].
`
`Regarding claim 21, Lynam discloses that said auxiliary reflective element
`
`comprises a fixed reflectance mirror reflector and said fixed reflectance mirror reflector
`
`comprises a curved substrate coated with a metallic reflector coating as described in
`
`paragraph [0055].
`
`Regarding claim 22, Lynam discloses that said curved substrate comprises a
`
`spherically bent glass substrate as described in paragraph [0055] and Figures 3 and 6.
`
`In regard to claim 23, Lynam discloses (see Figures 3-9) an exterior sideview
`
`mirror system suitable for use on an automobile, said exterior sideview mirror system
`
`comprising: an exterior sideview mirror assembly (12) adapted for attachmentto a side
`
`of an automobile; said exterior sideview mirror assembly including a reflective element
`
`(30) having a rearwardfield of view when attachedto the side of the automobile; said
`
`reflective element attached to an electrically-operated actuator (36) of said exterior
`
`Patent Owner Magna - Ex. 2005, p. 12
`Patent Owner Magna- Ex. 2005, p. 12
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 12
`
`sideview mirror assembly and movable by said actuator in orderto position said
`
`rearwardfield of view to a driver-desired position when said exterior sideview mirror
`
`assembly is attached to the side of the automobile as described in paragraph [0036];
`
`wherein said reflective element comprises a plano-auxiliary reflective element
`
`assembly, said piano-auxiliary reflective element assembly comprising a planoreflective
`
`element having unit magnification and a separate auxiliary reflective element having a
`
`curvature as described in paragraph [0015] and as shownin Figures 5A-5H; said plano
`
`reflective element and said auxiliary reflective element of said plano-auxiliary reflective
`
`element assembly mounted adjacently at said piano-auxiliary reflective element
`
`assembly in a side-by-side relationship and not superimposedwith one reflective
`
`element on top of the otherreflective element as shownin Figures 5a-5H; said plano
`
`reflective element and said auxiliary reflective element supported at a backing plate
`
`element (60, 160), said backing plate element mounting to said actuator such that
`
`movementof said backing plate elementof said piano-auxiliary reflective dement
`
`assembly by said actuator simultaneously and similarly movessaid plano reflective
`
`element and said auxiliary reflective element as described in paragraph [0042]; said
`
`auxiliary reflective element having a wide-angle field of view encompassing a blind spot
`
`in the side lane adjacent the side of the automobile to which said exterior sideview
`
`mirror assembly is attached as described in paragraph [0058]; said backing plate
`
`element having a first support portion supporting said plano reflective element and a
`
`second support portion supporting said auxiliary reflective element as shownin Figures
`
`3 and 6; wherein said auxiliary reflective elementis positioned at an outboard portion of
`
`Patent Owner Magna - Ex. 2005, p. 13
`Patent Owner Magna- Ex. 2005, p. 13
`
`

`

`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 13
`
`said piano-auxiliary reflective element assembly whensaid exterior sideview mirror
`
`assembly is mounted to the side of the automobile as shown in Figures 5A-5H and as
`
`described in paragraph [0057]; wherein said backing plate element comprises a
`
`polymeric substrate that is formed as a single element by injection molding of a
`
`polymeric resin as described in paragraph [0050]; wherein said backing plate elementis
`
`capable of supporting said plano reflective element and said auxiliary reflective element
`
`as described in paragraph [0050]; wherein said first support portion of said backing
`
`plate element comprisesa flat portion and wherein said plano reflective elementis
`
`disposed at said flat portion as described in paragraph [0050]; wherein said second
`
`support portion of said backing plate element comprises a curved portion and wherein
`
`said auxiliary reflective element is disposed at said curved portion; wherein the rearward
`
`field of view of said auxiliary reflective elementis different from and angled to the
`
`rearwardfield of view of said plano reflective element when both are attached to said
`
`backing plate element of said piano-auxiliary reflective element assembly when said
`
`piano-auxiliary reflective element assembly is included in said exterior sideview mirror
`
`assembly and whensaid exterior sideview mirror assembly is attached to the side of the
`
`automobile as described in paragraphs [0042] and [0051]; wherein angling of the
`
`rearwardfield of view of said auxiliary reflective elementrelative to the rearwardfield of
`
`view of said plano reflective elementis achieved, at least in part, by an angling of said
`
`second support portion of said backing plate element supporting said auxiliary reflective
`
`elementrelative to said first support portion of said backing plate element supporting
`
`said plano reflective element as described in paragraph [0059]; wherein, when said
`
`Patent Owner Magna - Ex. 2005, p. 14
`Patent Owner Magna- Ex. 2005, p. 14
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`

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`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 14
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`exterior sideview mirror assembly is attached to the side of the automobile, thefield of
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`view of said plano reflective element generally views rearwardly of the equipped
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`automobile andthefield of view of said auxiliary reflective element generally views
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`towardsa blind spotin the side lane adjacent the side of the automobile to which said
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`exterior sideview mirror assembly is attached, said blind spot being generally outside
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`the rearwardfield of view of said plano reflective element whensaid plano reflective
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`elementis viewed by a driver of the equipped automobile when said exterior sideview
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`mirror assembly is attached to the side of the automobile as described in paragraphs
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`[0052], [0058] and [0059]: wherein at least one of said plano reflective element and said
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`auxiliary reflective element comprises one of (a) a glass substrate having a surface
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`coated with a metallic reflector coating and (b) a polymeric substrate having a thin glass
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`element applied to a surface thereof and with an opposing surface thereof having a
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`reflecting layer applied thereto as described in paragraph [0043]; wherein said auxiliary
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`reflective element comprises a fixed reflectance mirror reflector and wherein said fixed
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`reflectance mirror reflector comprises a curved substrate coated with a metallic reflector
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`coating as described in paragraph [0055]; and wherein said plano reflective element
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`and said auxiliary reflective element are adjacently supported at said backing plate
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`elementat a joint and wherein said joint comprises a space betweensaid plano
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`reflective element and said auxiliary reflective element and wherein a wall located on
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`said backing plate elementat said joint is disposed betweensaid pianoreflective
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`element and said auxiliary reflective element as described in paragraph [0051] and as
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`shownin Figure 6.
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`Patent Owner Magna - Ex. 2005, p. 15
`Patent Owner Magna- Ex. 2005, p. 15
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`

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`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 15
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`Regarding claim 24, Lynam disclosesthat said plano reflective element
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`comprises a glass substrate having a surface coated with a metallic reflector coating as
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`described in paragraph [0047], wherein said auxiliary reflective element comprises a
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`fixed reflectance mirror reflector and wherein said fixed reflectance mirror reflector
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`comprises a spherically bent glass substrate coated with a metallic reflector coating,
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`wherein said curved portion of said backing plate element comprises a curvature
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`corresponding to a curvature of said auxiliary reflective element, wherein said wall at
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`least partially partitions said backing plate elementinto a first region where said plano
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`reflective element is disposed and a separate and adjacent second region where said
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`auxiliary reflective elementis disposed, and wherein said first region is adapted to
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`receive said plano reflective element and said second region is adapted to receive said
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`auxiliary reflective element and wherein said exterior sideview mirror assembly including
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`said piano-auxiliary reflective element having a rearwardfield of view whenattached to
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`the side of the automobile comprisesa driver- side exterior sideview mirror assembly as
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`shownin Figures 3 and 6, and wherein, when attachedto the side of the automobile,
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`said driver-side exterior sideview mirror assembly providesto the driver of the equipped
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`automobileatotal field of view that generally subtends an angle of at least about 25
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`degreeswith respectto tile side of the equipped automobile as described in paragraph
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`[0046].
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`In regard to claim 25, Lynam discloses (see Figures 3-9) an exterior sideview
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`mirror system suitable for use on an automobile, said exterior sideview mirror system
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`comprising: an exterior sideview mirror assembly (12) adapted for attachmentto a side
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`Patent Owner Magna - Ex. 2005, p. 16
`Patent Owner Magna- Ex. 2005, p. 16
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`

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`Application/Control Number: 13/071,169
`Art Unit: 2872
`
`Page 16
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`of an automobile; said exterior sideview mirror assembly including a reflective element
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`(30) having a rearwardfield of view when attached to the side of the automobile; said
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`reflective element attached to an electrically-operated actuator (36) of said exterior
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`sideview mirror assembly and movable by said actuator in orderto position said
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`rearwardfield of view to a driver-desired position when said exterior sideview mirror
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`assembly is attached to the side of the automobile as described in paragraph [0036];
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`wherein said reflective element comprises a plano-auxiliary reflective element
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`assembly, said piano-auxiliary reflective element assembly comprising a plano reflective
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`element having unit magnification and a separate auxiliary reflective element having a
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`curvature as described in paragraph [0015] and as shownin Figures 5A-5H; said plano
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`reflective element and said auxiliary reflective element of said plano-auxiliary reflective
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`element assembly mounted adjacently at said piano-auxiliary reflective element
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`assembly in a side-by-side relationship and not superimposedwith one reflective
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`elementon top of the otherreflective element as shown in Figures 5a-5H; said plano
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`reflective element and said auxiliary reflective element supported at a backing plate
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`element (60, 160), said backing plate element mounting to said actuator such t