`
`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.
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`Niall R. Lynam
`
`DONO9P-1800
`
`7833
`
`13/336,018
`
`FILING DATE
`
`12/23/2011
`
`05/17/2012
`7590
`15671
`,
`.
`:
`Gardner, Linn, Burkhart & Flory, LLP
`2851 Charlevoix Dr.
`SE, Suite 207
`
`~
`:
`
`EXAMINER
`:
`AMARI, ALESSANDRO V
`
`Coal nat Gale 2872
`
` MAIL DATE
`
`05/17/2012
`
`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. 2007, p. 1
`Patent Owner Magna- Ex. 2007, p. 1
`
`

`

` Application No. Applicant(s)
`
`
`
`Office Action Summary
`
`13/336,018
`Ezantnier
`
`LYNAM, NIALL R.
`Art Unit
`
`
`uceworomenlee|
`
`-- 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 be timely 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 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 monthsafter 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 27 March 2012.
`2a)C This action is FINAL.
`2b) This action is non-final.
`3) Anelection was made bythe applicant in responseto a restriction requirementset forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)D) Sincethis application is in condition for allowance exceptfor formal matters, prosecutionasto the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5) Claim(s) 1-6, 16-40 is/are pending in the application.
`
`5a) Of the above claim(s) 16-18,25-27 and 36-40is/are withdrawn from consideration.
`6) Claim(s)___ is/are allowed.
`
`7)E) Claim(s) 1-6,19-24 and 28-35is/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)E] The drawing(s) filed on 01 February 2012 is/are: a)[X] accepted or b)L] 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)LJ All b)[] Some * c)L] 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 fora list of the certified copies not received.
`
`Attachment(s)
`1) EX] Notice of References Cited (PTO-892)
`2) ] Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) JX] information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 2/9/2012.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`4) J interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) [] Notice of informal Patent Application
`6) CJ Other:
`
`Part of Paper No./Mail Date 20120514
`
`Patent Owner Magna - Ex. 2007, p. 2
`Patent Owner Magna- Ex. 2007, p. 2
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 2
`
`DETAILED ACTION
`
`Election/Restrictions
`
`Applicant’s election of Invention | (claims 1-6, 19-24 and 28-35)in the replyfiled
`
`on 21 March 2012 is acknowledged. Because applicant did not distinctly and
`
`specifically point out the supposed errorsin the restriction requirement, the election has
`
`beentreated as an election without traverse (MPEP § 818.03(a)). Claims 16-18, 25-27
`
`and 36-40 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.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory
`
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`
`are not identical, but at least one examined application claim is not patentably distinct
`
`from the reference claim(s) because the examined application claim is either anticipated
`
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`
`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`
`USPQe2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`
`1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`
`Patent Owner Magna - Ex. 2007, p. 3
`Patent Owner Magna- Ex. 2007, p. 3
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 3
`
`F.2d 438, 164 USPQ 619 (CCPA 1970); and /n re Thorington, 418 F.2d 528, 163
`
`USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d)
`
`may be used to overcomean actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly ownedwith this application, or claims an invention made asa result of
`
`activities undertaken within the scopeof a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee mustfully comply with
`
`37 CFR 3.73(b).
`
`Claims 1-6, 19-24 and 28-34 are rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1, 6, 10, 13, 15,
`
`16 and 24 of U.S. Patent No. 8,128,243. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other becausethe claims of the
`
`instant invention are broader and claim essentially the same subject matter as thatof
`
`US 8,128,243.
`
`Claim Rejections - 35 USC § 102
`
`Thefollowing is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this 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. 2007, p. 4
`Patent Owner Magna- Ex. 2007, p. 4
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 4
`
`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, 19-24 and 28-35 are rejected under 35 U.S.C. 102(e) as being
`
`anticipated by Lynametal (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 claims 1, 19 and 28, Lynam discloses (see Fig. 2, 3) an exterior
`
`rearview mirror assembly for a motor vehicle, said exterior rearview mirror assembly
`
`comprising: a bracket (38) fixedly secured to the motor vehicle as describedin
`
`paragraph [0041]; a mirror casing (40) secured to said bracket, said mirror casing
`
`defining a primary opening; a single mirror support (60) movably secured within said
`
`mirror casing disposed adjacent said primary opening; a primary mirror (50) fixedly
`
`securedto said single mirror support and disposed within said primary opening for
`
`providing a view rearward of the motor vehicle through a primaryfield of view as
`
`described in [0046]; a spotting mirror (55) fixedly secured to said single mirror support
`
`and disposed adjacentsaid primary mirror, said spotting mirror defined by a single
`
`radius of curvature differing from said primary mirror such that said spotting mirror
`
`provides a secondfield of view rearward of the motor vehicle as described in [0083],
`
`Patent Owner Magna - Ex. 2007, p. 5
`Patent Owner Magna- Ex. 2007, p. 5
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 5
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`such that said primary field of view of said primary mirror overlaps said secondfield of
`
`view of said spotting mirror as described in [0076] and [0082]; wherein said spotting
`
`mirror is at an angle relative to said primary mirror as shownin Figures 3 and 14; and
`
`wherein said primary mirror comprises oneof (a) a generally flat glass substrate having
`
`a surface coated with a metallic reflector coating as described in [0043] 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 [0050].
`
`Regarding claims 2, 20 and 29, Lynam discloses said single mirror support
`
`defines a primary portion for having said primary mirror fixedly secured thereto and a
`
`spotting portion for having said spotting mirror fixedly secured thereto as shownin
`
`Figure 3 and as describedin [0042].
`
`Regarding claims 3, 21 and 30, Lynam discloses that said primary portion of said
`
`single mirror support defines a primary plane that is substantially flat as shownin Figure
`
`3 and as described in [0042].
`
`Regarding claims 4, 22 and 31, Lynam discloses that said spotting portion of said
`
`single mirror support defines a spotting mirror support radius of curvature substantially
`
`equalto said single radius of curvature as described in [0005], [0045], [0069] and
`
`[0083].
`
`Regarding claims 5, 23 and 32, Lynam discloses said spotting portion is forward
`
`of said primary plane as described in [0072] and as shownin Figure 10.
`
`Patent Owner Magna - Ex. 2007, p. 6
`Patent Owner Magna- Ex. 2007, p. 6
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 6
`
`Regarding claims 6, 24 and 33, Lynam discloses said spotting portion is
`
`substantially rearward of said primary plane as shownin Figure3.
`
`Regarding claim 34, Lynam discloses the secondfield of view of said spotting
`
`mirror is generally directed at least one of outwardly and downwardly with respect to the
`
`longitudinal axis of the motor vehicle when said exterior rearview mirror assemblyis
`
`attached to the motor vehicle as shownin Figure 6 and as described in [0052].
`
`Regarding claim 35, Lynam disclosesthat said spotting mirror is at an angle ofat
`
`least about three degreesrelative to said primary mirror as described in [0059].
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousnessrejectionssetforth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 ofthis title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obviousatthe time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 1-6 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Platzer, Jr. (hereafter “Platzer’) US 7097312 in view of Black et al (hereafter “Black") US
`
`5579133.
`
`In regard to claim 1, Platzer discloses (see Figures 20-22) an exterior rearview
`
`mirror assembly for a motor vehicle, said exterior rearview mirror assembly comprising:
`
`a single mirror support (92) disposed adjacent said primary opening; a primary mirror
`
`(88) fixedly secured to said single mirror support and disposed within said primary
`
`opening for providing a view rearward of the motor vehicle through a primaryfield of
`
`Patent Owner Magna - Ex. 2007, p. 7
`Patent Owner Magna- Ex. 2007, p. 7
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 7
`
`view; a spotting mirror (90) fixedly secured to said single mirror support and disposed
`
`adjacent said primary mirror, said spotting mirror defined by a single radius of curvature
`
`differing from said primary mirror such that said spotting mirror provides a secondfield
`
`of view rearward of the motor vehicle as described in col. 7, lines 60-67 and col. 8, lines
`
`1-25, such that said primaryfield of view of said primary mirror overlaps said second
`
`field of view of said spotting mirror as shownin Figure 1 and as describedin col. 8,lines
`
`26-51;
`
`However, in regard to claim 1, Platzer does not teach a bracketfixedly secured to
`
`the motor vehicle; a mirror casing secured to said bracket, said mirror casing defining a
`
`primary opening; and the mirror support moveable secured within mirror casing
`
`In regard to claim 1, Black teaches (see Fig. 12) a bracket (60) fixedly secured to
`
`the motor vehicle; a mirror casing (61) secured to said bracket, said mirror casing
`
`defining a primary opening; and the mirror support moveable secured within mirror
`
`casing (via 62, 63) as describedin col. 6, lines 11-51.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was madeto incorporate the bracket, casing wherein the mirror support is
`
`moveably secured within casing as taught by Black in the mirror assembly of Platzer in
`
`orderto provide for attaching the mirror to the motor vehicle, protection of mirror from
`
`hazards and for adjustability of the mirror so that motorist can change angle of mirror in
`
`responseto road conditions or changesin driver configuration (e.g., seat height).
`
`Regarding claim 2, the Platzer-Black combination teachesthat said single mirror
`
`support defines a primary portion for having said primary mirror fixedly secured thereto
`
`Patent Owner Magna - Ex. 2007, p. 8
`Patent Owner Magna- Ex. 2007, p. 8
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 8
`
`and a spotting portion for having said spotting mirror fixedly secured thereto as shownin
`
`Figures 20 and 21 of Platzer and Figure 12 of Black.
`
`Regarding claim 3, the Platzer-Black combination teaches that said primary
`
`portion of said single mirror support defines a primary plane thatis substantially flat as
`
`shownin Figures 20 and 21 of Platzer and Figure 12 of Black.
`
`Regarding claim 4, the Platzer-Black combination teaches that said spotting
`
`portion of said single mirror support defines a spotting mirror support radius of curvature
`
`(44) substantially equal to said single radius of curvature as shownin Figure 8 of
`
`Platzer.
`
`Regarding claim 5, the Platzer-Black combination teachesthat said spotting
`
`portion is forward of said primary plane as shownin Figure 21 of Platzer and Figure 12
`
`of Black.
`
`Regarding claim 6, the Platzer-Black combination teachesthat said spotting
`
`portion is substantially rearward of said primary plane as shownin Figure 22 and as
`
`described in col. 11, lines 58-62.
`
`Claims 19-24, 28-33 and 35 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Platzer US 7097312 in view of Black US 5579133 andfurther in view
`
`of Richard US 6409354.
`
`In regard to claims 19 and 28, Platzer discloses (see Figures 20-22) an exterior
`
`rearview mirror assembly for a motor vehicle, said exterior rearview mirror assembly
`
`comprising: a single mirror support (92) disposed adjacent said primary opening; a
`
`Patent Owner Magna - Ex. 2007, p. 9
`Patent Owner Magna- Ex. 2007, p. 9
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 9
`
`primary mirror (88) fixedly secured to said single mirror support and disposed within
`
`said primary opening for providing a view rearward of the motor vehicle through a
`
`primary field of view; a spotting mirror (90) fixedly secured to said single mirror support
`
`and disposed adjacentsaid primary mirror, said spotting mirror defined by a single
`
`radius of curvature differing from said primary mirror such that said spotting mirror
`
`provides a secondfield of view rearward of the motor vehicle as describedin col. 7,
`
`lines 60-67 andcol. 8, lines 1-25, such that said primaryfield of view of said primary
`
`mirror overlaps said secondfield of view of said spotting mirror as shownin Figure 1
`
`and as describedin col. 8, lines 26-51; wherein said spotting mirror is at an angle
`
`relative to said primary mirror as shownin Figure 21.
`
`However, in regard to claims 19 and 28, Platzer does not teach a bracketfixedly
`
`secured to the motor vehicle; a mirror casing secured to said bracket, said mirror casing
`
`defining a primary opening; and the mirror support moveable secured within mirror
`
`casing
`
`In regard to claims 19 and 28, Black teaches (see Fig. 12) a bracket (60)fixedly
`
`secured to the motor vehicle; a mirror casing (61) secured to said bracket, said mirror
`
`casing defining a primary opening; and the mirror support moveable secured within
`
`mirror casing (via 62, 63) as describedin col. 6, lines 11-51.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was madeto incorporate the bracket, casing wherein the mirror support is
`
`moveably secured within casing as taught by Black in the mirror assembly of Platzer in
`
`orderto provide for attaching the mirror to the motorvehicle, protection of mirror from
`
`Patent Owner Magna - Ex. 2007, p. 10
`Patent Owner Magna- Ex. 2007, p. 10
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 10
`
`hazards and for adjustability of the mirror so that motorist can change angle of mirror in
`
`responseto road conditions or changesin driver configuration (e.g., seat height).
`
`However, in further regard to claims 19 and 28, the Platzer-Black combination
`
`while teaching the invention as set forth above doesnot teach that said primary mirror
`
`comprises oneof (a) a generally flat 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.
`
`In regard to claims 19 and 28, Richard teaches teach that said primary mirror
`
`comprises oneof (a) a generally flat 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 describedin col. 1, lines 18-39.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was madeto have the generally flat glass substrate having a surface coated
`
`with a metallic reflector coating as taught by Richard for the Platzer-Black combination
`
`in order to provide for high reflectivity, low cost and to provide for a durable mirror.
`
`Regarding claims 20 and 29, the combination teachesthat said single mirror
`
`support defines a primary portion for having said primary mirror fixedly secured thereto
`
`and a spotting portion for having said spotting mirror fixedly secured thereto as shown in
`
`Figures 20 and 21 of Platzer and Figure 12 of Black.
`
`Patent Owner Magna - Ex. 2007, p. 11
`Patent Owner Magna- Ex. 2007, p. 11
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 11
`
`Regarding claims 21 and 30, the combination teachesthat said primary portion of
`
`said single mirror support defines a primary plane that is substantially flat as shown in
`
`Figures 20 and 21 of Platzer and Figure 12 of Black.
`
`Regarding claims 22 and 31, the combination teaches that said spotting portion
`
`of said single mirror support defines a spotting mirror support radius of curvature (44)
`
`substantially equal to said single radius of curvature as shownin Figure 8 of Platzer.
`
`Regarding claims 23 and 32, the combination teaches that said spotting portion
`
`is forward of said primary plane as shownin Figure 21 of Platzer and Figure 12 of
`
`Black.
`
`Regarding claims 24 and 33, the combination teaches that said spotting portion
`
`is substantially rearward of said primary plane as shownin Figure 22 of Platzer and as
`
`describedin col. 11, lines 58-62 of Platzer.
`
`Regarding claim 35, the combination teaches that said spotting mirror is at an
`
`angle of at least about three degreesrelative to said primary mirror as describedin col.
`
`5, lines 48-50 of Black.
`
`Claim 34 is rejected under 35 U.S.C. 103(a) as being unpatentable overPlatzer
`
`US 7097312 in view of Black US 5579133 andfurtherin view of Richard US 6409354
`
`and further in view of Hensley US 2279751.
`
`Regarding claim 34, the Platzer-Black-Richard combination teaches the invention
`
`as set forth above but does not teach wherein the secondfield of view of said spotting
`
`mirror is generally directed at least one of outwardly and downwardly with respect to the
`
`Patent Owner Magna - Ex. 2007, p. 12
`Patent Owner Magna- Ex. 2007, p. 12
`
`

`

`Application/Control Number: 13/336,018
`Art Unit: 2872
`
`Page 12
`
`longitudinal axis of the motor vehicle when said exterior rearview mirror assembly is
`
`attached to the motor vehicle.
`
`Regarding claim 34, Hensley teaches that the secondfield of view of said
`
`spotting mirror is generally directed at least one of outwardly and downwardly with
`
`respect to the longitudinal axis of the motor vehicle when said exterior rearview mirror
`
`assembly is attached to the motor vehicle as described in page 3, left column, lines 42-
`
`70.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was madeto have the spotting mirror be generally directed at least one of
`
`outwardly and downwardly with respect to the longitudinal axis of the motor vehicle as
`
`taught by Hensley in the Platzer-Black-Richard combination mirror assembly so as to
`
`increase the field of view andfurther eliminate blind spots so that the driver is provided
`
`with a clearer view of a wide extent of the road.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALESSANDRO AMARI whosetelephone numberis
`
`(571)272-2306. The examiner can normally be reached on Monday-Friday 8:00 AM to
`
`5:30 PM.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner's
`
`supervisor, Thomas Pham can be reached on (571) 272-3689. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Patent Owner Magna - Ex. 2007, p. 13
`Patent Owner Magna- Ex. 2007, p. 13
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`

`

`Application/Control Number: 13/336,018
`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
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Alessandro Amari/
`Primary Examiner, Art Unit 2872
`
`Patent Owner Magna - Ex. 2007, p. 14
`Patent Owner Magna- Ex. 2007, p. 14
`
`

`

`PATENT
`DONO9 P-1800
`
`|
`r
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`2872
`:
`Group Art
`: Alessandro V. Amari
`Examiner
`: Niall R. Lynam
`Applicant
`:
`13/336,018
`Serial No.
`Filing Date : December 23, 2011
`For
`:
`EXTERIOR SIDEVIEW MIRROR SYSTEM
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`REQUEST FOR RECONSIDERATION
`
`' Responsive to the Office Action mailed May 17, 2012, Applicant wishes to submit the
`
`following:
`
`Amendmentsto the Specification begin on page 2 of this paper.
`
`Amendments to the Claims are reflected in the listing of claims which begins onpage 3 ofthis
`
`paper.
`
`Remarks begin on page8of this paper.
`
`A Terminal Disclaimeris attached.
`
`A Declaration under Rule 131(a)is attached.
`
`Patent Owner Magna - Ex. 2007, p. 15
`Patent Owner Magna- Ex. 2007, p. 15
`
`

`

`Applicant
`Serial No.
`Page
`
`: Niall R. Lynam
`:
`13/336,018
`:
`2
`
`Amendments to the Specification:
`
`Please amend paragraph [0001] on page 1 as follows:
`
`[0045]
`
`The present application is a continuation of U.S. patent application Ser. No. 12/911,274,
`
`
`filed Oct. 25, 2010, now U.S. Pat. No. 8,128,243-(Atterney_DecketDONO9P1654), which is a
`
`continuation of U.S. patent application Ser. No. 12/851,045,filed Aug. 5, 2010, now USS. Pat.
`No. 7,934,843, whichis a continuation of U.S. patentapplication Ser. No. 12/197,666, filed Aug.
`25, 2008, now U.S. Pat. No. 7,842,154, which is a division of U.S. patent application Ser. No.
`
`10/709,434,filed May 5, 2004, now U.S. Pat. No. 7,420,756, which claims the benefit of U.S.
`provisional application, Ser. No. 60/471,872, filed May20, 2003, which are hereby incorporated
`herein by referencein their entireties.
`
`Patent Owner Magna - Ex. 2007, p. 16
`Patent Owner Magna- Ex. 2007, p. 16
`
`

`

`Applicant
`Serial No.
`Page
`
`: Niall R. Lynam
`:
`13/336,018
`>
`73
`
`Amendments to the Claims:
`
`Thislisting of claims will replace all prior versions and listings of claims in the present
`
`application:
`
`1 (original): An exterior rearview mirror assembly for a motor vehicle, said exterior rearview
`
`mirror assembly comprising:
`
`a bracket fixedly secured to the motor vehicle;
`
`a mirror casing secured to said bracket, said mirror casing defining a primary opening;
`
`a single mirror support movably secured within said mirror casing disposed adjacentsaid
`
`primary opening;
`a primary mirror fixedly secured to said single mirror support and disposed within said
`primary opening for providing a view rearward of the motor vehicle through aprimary field of
`
`view; and
`
`a spotting mirror fixedly secured to said single mirror support and disposed adjacent said
`
`primary mirror, said spotting mirror defined bya single radius of curvature differing from said
`‘primary mirror such that said spotting mirror provides a second field of view rearward ofthe
`motor vehicle, such thatsaidfirst field of view ofsaid primarymirror overlaps said secondfield
`of view of said spotting mirror.
`
`2 (original): An exterior rearview mirror assembly as set forth in claim 1 wherein said single
`
`mirror support defines a primary portion for having said primary mirror fixedly secured thereto
`
`and a spotting portion for having said spotting mirror fixedly secured thereto.
`
`3 (original): An exterior rearview mirror assembly as set forth in claim 2 wherein said primary
`
`portion of said single mirror support defines a primary planethat is substantially flat.
`
`Patent Owner Magna - Ex. 2007, p. 17
`Patent Owner Magna- Ex. 2007, p. 17
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`

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`Applicant
`Serial No.
`Page
`
`: Niall R. Lynam
`:
`13/336,018
`:
`4
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`4 (original): An exterior rearview mirror assembly as set forth in claim 3 wherein said spotting
`
`portion of said single mirror support defines a spotting mirror support radius of curvature
`
`substantially equal to said single radius of curvature.
`
`5 (original): An exterior rearview mirror assembly as set forth in claim 4 wherein said spotting
`
`portion is forward of said primary plane.
`
`6 (original): An exterior rearviewmirror assembly asset forth in claim 4 wherein said spotting
`portion is substantially rearward of said primary plane.
`
`7-18 (canceled).
`
`19 (previously presented): An exterior rearview mirror assembly for a motor vehicle, said
`exterior rearview mirror assembly comprising:
`
`a bracket fixedly secured to the motor vehicle;
`
`a mirror casing secured to said bracket, said mirror casing defining a primary opening;
`
`a single mirror support movably secured within said mirror casing disposed adjacent said
`primary opening;
`.
`a primary mirror fixedly secured to said single mirror support and disposed within said
`primary opening for providing a view rearward of the motorvehicle through a primary field of
`
`view;
`
`a spotting mirrorfixedly secured to said single mirror support and disposed adjacentsaid
`primary mirror, said spotting mirror defined by a single radius of curvature differing from said
`
`primary mirror such that said spotting mirror provides a second field of view rearward ofthe
`
`motorvehicle, such that said primary field of view of said primary mirror overlaps said second
`field of view of said spotting mirror; and
`: wherein said primary mirror comprises one of (a) a generally flat glass substrate having a
`surface coated with a metallic reflector coating and (b) a generally flat polymeric substrate
`
`Patent Owner Magna - Ex. 2007, p. 18
`Patent Owner Magna- Ex. 2007, p. 18
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`

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`Applicant
`Serial No.
`Page
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`: Niall R. Lynam
`:
`13/336,018
`:
`§
`,
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`having a thin glass element applied to a surface thereof and with an opposing surface thereof
`
`having a reflecting layer appliedthereto.
`
`20 (previously presented): An exterior rearview mirror assembly asset forth in claim 19
`
`wherein said single mirror support defines a primary portion for having said primary mirror
`
`fixedly secured thereto and a spotting portion for having said spotting mirror fixedly secured
`
`thereto.
`
`21 (previously presented): An exterior rearview mitror assemblyasset forth in claim 20
`
`wherein said primary portion of said single mirror support defines a primary plane that is
`
`substantially flat.
`
`22 (previously presented): An exterior rearview mirror assemblyas set forth in claim 21
`
`wherein said spotting portion of said single mirror support defines a spotting mirror support
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`radius of curvature substantially equal to said single radius of curvature.
`
`23 (previously presented): An exterior rearview mirror assembly as set forth in claim 22
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`wherein said spotting portion is forward of said primary plane.
`
`24 (previously presented): An exterior rearview mirror assemblyasset forth in claim 22
`
`wherein said spotting portion is substantially rearward of said primary plane.
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`25-27 (canceled).
`
`28 (previously presented): An exterior rearview mirror assembly for a motor vehicle, said
`
`exterior rearview mirror assembly comprising:
`
`a bracketfixedly secured to the motor vehicle;
`a mirror casing securedto said bracket,said mirror casing defining a primary opening;
`
`Patent Owner Magna - Ex. 2007, p. 19
`Patent Owner Magna- Ex. 2007, p. 19
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`

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`Applicant
`Serial No.
`Page
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`: Niall R. Lynam
`:
`13/336,018
`:
`6
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`a Single mirror support movably secured within said mirror casing disposed adjacent said
`
`primary opening;
`
`a primary mirror fixedly secured to said single mirror support and disposed within said
`
`primary opening for providing a view rearward of the motor vehicle through a primaryfield of
`
`view;
`
`a spotting mirror fixedly secured to said single mirror support and disposed adjacent said
`primary mirror, said spotting mirror defined by a single radius of curvature differing from sa