`
`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. Usplo,gov
`
` APPLICATION NO.
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`Niall R. Lynam
`
`DONO9P-2048
`
`1002
`
`13/776,091
`
`FILING DATE
`
`02/25/2013
`
`:
`
`.
`
`,
`
`EXAMINER
`
`Gardner, Linn, Burkhart & Flory, LLP a
`
`2851 Charlevoix Dr.
`AMARI, ALESSANDROV
`SE, Suite 207
`UNIT
`SABER
`NUNBEI
`Grand Rapids, MI 49546 2872
`
` NOTIFICATION DATE
`
`08/16/2013
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`sytsma@ elbf.com
`mason @ glbf.com
`patents @ gIbf.com
`
`PTOL-90A (Rev. 04/07)
`
`Patent Owner Magna - Ex. 2009, p. 1
`Patent Owner Magna- Ex. 2009, p. 1
`
`

`

`
`Applicant(s)
`Application No.
`LYNAM, NIALL R.
`13/776,091
`Art Unit
`AIA(First Inventorto File)
`Beamer
`
`
`2872
`al
`ALESSANDRO AMARI
` -- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`Office Action Summary
`
`
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS 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 underthe 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.
`-
`IF NO 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 months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`1) Responsive to communication(s)filed on 26 June 2013.
`(1) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)C] This action is FINAL.
`2b)—] This action is non-final.
`3)L] An election was made by the applicant in responseto a restriction requirementsetforth during the interview on
`__; the restriction requirement and election have been incorporated into this action.
`4)[] 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 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`5)] Claim(s) 7-98 is/are pending in the application.
`
`5a) Of the above claim(s) 47-98 is/are withdrawnfrom consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-6 and 11-40 is/are rejected.
`8) Claim(s) 7-10 is/are objected to.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may beeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`hitp.//www_uspte.dov/patents/init_events/pph/index.jsp or send an inquiry to PPHieedback@uspto.dov.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)EX] The drawing(s) filed on 25 February 2013 is/are: a)X] accepted or b)[J] 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgmentis made ofa claim forforeign priority under 35 U.S.C. § 119(a)-(d) or(f).
`Certified copies:
`a)LIAI
`b)[] Some” cc) Noneofthe:
`1.1] Certified copies of the priority documents have beenreceived.
`2.1] Certified copies of the priority documents have been received in Application No.
`3.0] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`1) XX Notice of References Cited (PTO-892)
`7
`:
`2) Kl Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 4/10/2013.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 05-13)
`
`3) CT Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4 Oo Other:
`er __
`)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20130809
`
`Patent Owner Magna - Ex. 2009, p. 2
`Patent Owner Magna- Ex. 2009, p. 2
`
`

`

`Application/Control Number: 13/776,091
`Art Unit: 2872
`
`Page 2
`
`DETAILED ACTION
`
`Election/Restrictions
`
`Applicant’s election of Invention | (claims 1-40) in the reply filed on 26 June 2013
`
`is acknowledged. Becauseapplicant did notdistinctly and specifically point out the
`
`supposederrorsin the restriction requirement, the election has been treated as an
`
`election without traverse (MPEP § 818.03(a)). Claims 41-98 are withdrawn from further
`
`consideration pursuant to 37 CFR 1.142(b) as being drawnto a nonelected Invention,
`
`there being no allowable generic orlinking 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 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 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 onlyif 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-AlA 35 U.S.C. 102(e) as being
`
`anticipated by Lynam etal (hereafter “Lynam”) US 2002/0072026.
`
`The applied reference has a commonInventor with the instant application.
`
`Based uponthe earlier effective U.S.filing date of the reference, it constitutes prior art
`
`under pre-AlA 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: 13/776,091
`Art Unit: 2872
`
`Page 3
`
`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(a).
`
`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
`
`electrically-operable actuator (36) as described in [0042]; a main plano mirror element
`
`(50) fixedly disposed at a first portion of said mirror backing plate element as described
`
`in [0041], [0042]; said main plano mirror element havingafirst primary field of view
`
`rearwardof a vehicle equipped with said exterior sideview mirror assembly as described
`
`in [0041] and [0042]; an auxiliary non-plano curved mirror element (55) fixedly disposed
`
`at a second portion of said mirror backing plate element as described in [0042]; wherein
`
`said main plano mirror element and said auxiliary non-plano curved mirror element are
`
`adjacently disposed at said mirror backing plate elementin a side-by-side relationship
`
`and are not superimposed with one mirror element on top of the other mirror element as
`
`shownin Figure 5; wherein said mirror backing plate element comprises a polymeric
`
`molding as described in [0050]; said auxiliary non-plano 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 plano mirror elementoverlaps said
`
`second auxiliary field of view of said auxiliary non-plano curved mirror element as
`
`shownin Figure 14 and as described in [0076]; wherein said auxiliary non-plano curved
`
`mirror elementthat is at said second portion of said mirror backing plate elementis
`
`Patent Owner Magna - Ex. 2009, p. 4
`Patent Owner Magna- Ex. 2009,p. 4
`
`

`

`Application/Control Number: 13/776,091
`Art Unit: 2872
`
`Page 4
`
`angled relative to said main plano mirror elementthat is at said first portion of said
`
`mirror backing plate element as shownin Figures 11 and 12; wherein said mirror
`
`backing plate element mounts to said actuator such that movementof said mirror
`
`backing plate element by said actuator simultaneously and similarly moves said main
`
`plano mirror element and said auxiliary non-plano curved mirror element as described in
`
`[0041], [0042] and [0056]; wherein said main plano mirror element 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 described in [0043]; and wherein said first primary field of view of said main
`
`plano mirror element overlaps said secondauxiliary field of view of said auxiliary non-
`
`plano curved mirror element by between about 2 degrees and about 20 degrees as
`
`shownin Figure 14 and as describedin [0076].
`
`Regarding claim 2, Lynam discloses that said main plano 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 plano mirror element and said auxiliary non-plano curved mirror elementthat
`
`visually demarcates said auxiliary non-plano curved mirror element from said main
`
`plano mirror element as described in [0042].
`
`Patent Owner Magna - Ex. 2009, p. 5
`Patent Owner Magna- Ex. 2009, p. 5
`
`

`

`Application/Control Number: 13/776,091
`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
`
`circumscribesthe circumferential edge of said auxiliary non-plano curved mirror element
`
`whensaid auxiliary non-plano curved mirror element is disposed at said mirror backing
`
`plate element as shownin Figure 5 and as described in [0051].
`
`Regarding claim 6, Lynam discloses that said main plano 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 disclosesthat said auxiliary non-plano curved mirror
`
`element comprisesa reflector-coated convex-curved substrate as shownin Figure 6
`
`and as described in [0042].
`
`Regarding claim 12, Lynam discloses that said secondportion of said mirror
`
`backing plate element is convex-curved as described in [0080].
`
`Regarding claim 13, Lynam discloses wherein said auxiliary non-plano 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 elementhas a curvatureat least partially matching said spherical
`
`curvature as described in [0083].
`
`Regarding claim 15, Lynam discloses wherein, whenusedin the exterior
`
`sideview mirror assembly of the equipped vehicle, said main plano mirror element has a
`
`Patent Owner Magna - Ex. 2009, p. 6
`Patent Owner Magna- Ex. 2009, p. 6
`
`

`

`Application/Control Number: 13/776,091
`Art Unit: 2872
`
`Page 6
`
`rearwardfield of view that generally subtends an angle of less than about 20 degrees
`
`relative to the side of the equipped vehicle as shownin Figure 14 and as described in
`
`[0076].
`
`Regarding claim 16, Lynam discloses wherein, whenusedin the exterior
`
`sideview mirror assembly of the equipped vehicle, said auxiliary non-plano curved
`
`mirror elementhas a rearwardfield of view that generally subtends an angle thatis in
`
`the range from about 15 degreesrelative to the side of the equipped vehicle to about 50
`
`degreesrelative to the side of the equipped vehicle as shownin Figure 14 and as
`
`described in [0076].
`
`Regarding claim 17, Lynam discloses wherein said main plano mirror element
`
`has an X-axis and a Y-axis and wherein, when disposed at said secondportion of said
`
`mirror backing plate element, said auxiliary non-plano curved mirror element is at least
`
`one of(a) tilted generally downward with respect to the Y-axis of said main plano mirror
`
`element by an angle that is the range from about 0.75 degrees to about 5 degrees and
`
`(b) tilted generally forwardly with respect to the X-axis of said main plano mirror element
`
`by an angle that is the range from about 0.75 degrees to about 5 degrees as shownin
`
`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 viewsinto a blind spot in a side lane adjacentthe side
`
`of the equipped vehicle at which said exterior sideview mirror assembly is attached, and
`
`wherein said blind spot is generally outside the rearwardfield of view of said main plano
`
`mirror element when said main plano mirror elementis viewed by a driver of the
`
`Patent Owner Magna - Ex. 2009, p. 7
`Patent Owner Magna- Ex. 2009, p. 7
`
`

`

`Application/Control Number: 13/776,091
`Art Unit: 2872
`
`Page 7
`
`equipped vehicle when said exterior sideview mirror assembly is attached at the side of
`
`the equipped vehicle as shownin 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 elementis tilted generally downward with respect to a Y-axis of said main
`
`plano mirror element by an angle that is the range from about 0.75 degrees to about 5
`
`degrees and(b) said auxiliary non-plano curved mirror elementis tilted generally
`
`forwardly with respect to an X-axis of said main plano mirror element by an angle thatis
`
`the range from about 0.75 degrees to about 5 degrees as shownin Figures 13 and 14
`
`and as describedin [0074].
`
`Regarding claim 20, Lynam discloses wherein said auxiliary non-plano curved
`
`mirror element comprises a reflector-coated convex-curved substrate as shownin
`
`Figure 6 and as described in [0042].
`
`Regarding claim 21, Lynam disclosesthat said auxiliary non-plano curved mirror
`
`element comprises a reflector-coated convex-curved glass substrate as shownin Figure
`
`6 and as described in [0042].
`
`Regarding claim 22, Lynam discloses that said second portion of said mirror
`
`backing plate elementis convex-curved as described in [0080].
`
`Regarding claim 23, Lynam discloses wherein said auxiliary non-plano 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: 13/776,091
`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-plano curved mirror
`
`elementis at least about 25 degreesrelative to the side of the equipped vehicle as
`
`described in [0076] and as shownin Figure 14.
`
`Regarding claim 26, Lynam disclosesthat the overall rearward field of view of
`
`said main plano mirror element combined with said auxiliary non-plano curved mirror
`
`element is less than about 50 degreesrelative to the side of the equipped vehicle as
`
`described in [0076] and as shownin Figure 14.
`
`Regarding claim 27, Lynam discloses wherein said first primaryfield of view of
`
`said main plano mirror element overlaps said second auxiliary field of view of said
`
`auxiliary non-plano curved mirror element by between about 5 degrees and about 15
`
`degrees as described in [0076] and as shownin Figure 14.
`
`Regarding claim 28, Lynam discloses wherein said first primary field of view of
`
`said main plano mirror element overlaps said second auxiliary field of view of said
`
`auxiliary non-plano curved mirror element by between about 8 degrees and about 10
`
`degrees as described in [0076] and as shownin Figure 14.
`
`Regarding claim 29, Lynam discloses that said main plano mirror element has a
`
`fixed reflectance and wherein said auxiliary non-plano curved mirror element hasa fixed
`
`reflectance and wherein said fixed reflectance auxiliary non-plano curved mirror element
`
`Patent Owner Magna - Ex. 2009, p. 9
`Patent Owner Magna- Ex. 2009, p. 9
`
`

`

`Application/Control Number: 13/776,091
`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 elementis
`
`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
`
`elementis 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-
`
`plano curved mirror element comprises a bent glass substrate as described in [0050].
`
`Regarding claim 32, Lynam discloses wherein said main plano 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 secondportion 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: 13/776,091
`Art Unit: 2872
`
`Page 10
`
`Regarding claim 33, Lynam disclosesthat said auxiliary non-plano curved mirror
`
`element comprises a heater element operable to demist/deice the outmostsurface of
`
`said auxiliary non-plano curved mirror element whensaid auxiliary non-plano curved
`
`mirror elementis disposed at said mirror backing plate element and whensaid exterior
`
`sideview mirror assembly is attached and operatedat the side of the equipped vehicle
`
`as described in [0054], [0065] and [0066].
`
`Regarding claim 34, Lynam disclosesthat said exterior sideview mirror assembly
`
`comprises a driver-side exterior sideview mirror assembly as shownin Figure 1 and as
`
`describedin [0041].
`
`Regarding claim 35, Lynam discloses wherein, when attachedat the side of the
`
`equippedvehicle, said driver-side exterior sideview mirror assembly providesto the
`
`driver of the equipped vehicle a total rearward field of view that generally subtends an
`
`angle of at least about 25 degrees with respectto the side of the equipped vehicle as
`
`shownin Figure 14 and as described in [0076].
`
`Regarding claim 36, Lynam discloses wherein a ratio of the width of said main
`
`plano mirror elementto the width of said auxiliary non-plano curved mirror elementis
`
`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 plano mirror element and said auxiliary non- plano
`
`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: 13/776,091
`Art Unit: 2872
`
`Page 11
`
`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 disclosesthat said auxiliary non-plano curved mirror
`
`elementhasa fixed reflectance and wherein said fixed reflectance auxiliary non-plano
`
`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 disclosesthat said first primary field of view of said
`
`main plano mirror element overlaps said second auxiliary field of view of said auxiliary
`
`non-plano curved mirror element by between about 5 degrees and about 15 degrees as
`
`shownin Figure 14 and as described in [0076].
`
`Regarding claim 40, Lynam disclosesthat said first primary field of view of said
`
`main plano mirror elementoverlaps said second auxiliary field of view of said auxiliary
`
`non-plano curved mirror element by between about 8 degrees and about 10 degrees as
`
`shownin Figure 14 and as described in [0076].
`
`Allowable Subject Matter
`
`Claims 7-10 are objected to as being dependent upona rejected baseclaim, 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 plano 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: 13/776,091
`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
`
`sheetof substrate material comprising a polymeric resin material, and wherein said
`
`elongated sheet has a substantially transparent functionalfilm applied at a surface
`
`thereof, and wherein said substantially transparent functionalfilm provides at least one
`
`of (a) an anti-abrasion function, (b) a hydrophobic function and (c) a hydrophilic
`
`function, and wherein said functionalfilm comprises an ultrathin glass material which is
`
`sufficiently flexible to be providedin a reel or roll, and wherein said functionalfilm is
`
`sufficiently flexible to conform to said generally flat polymeric substrate of said main
`
`plano mirror element, and wherein said main plano mirror element comprises a
`
`reflective film disposed at a surface of said generally flat polymeric substrate opposite
`
`said substantially transparent functionalfilm” 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 AAESSANDRO 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. 2009, p. 13
`Patent Owner Magna- Ex. 2009, p. 13
`
`

`

`Application/Control Number: 13/776,091
`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
`
`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 automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Alessandro Amari/
`Primary Examiner, Art Unit 2872
`
`Patent Owner Magna - Ex. 2009, p. 14
`Patent Owner Magna- Ex. 2009, p. 14
`
`

`

`PATENT
`DONOS P-2048
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`2872
`Group Art Unit:
`Examiner
`: Alessandro V. Amari
`Inventor
`:
`Niall R. Llynam
`Serial No.
`:
`13/776,091
`Filed
`:
`February 25, 2013
`For
`:
`EXTERIOR SIDEVIEW MIRROR ASSEMBLY
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`DearSir:
`
`RESPONSE
`
`Responsive to the Office Action mailed August 16, 2013, Applicant wishes to
`
`amend the application as follows:
`
`Amendmentsto the Claimsare reflected in thelisting of claims which begins on page
`
`2 of this paper.
`
`Remarksbegin on page 12 of this paper.
`
`Patent Owner Magna - Ex. 2009, p. 15
`Patent Owner Magna- Ex. 2009, p. 15
`
`

`

`Inventor
`Serial No.
`Page
`
`:
`:
`:
`
`Niall R. Lynam
`13/776,091
`2
`
`Amendments to the Claims:
`
`Thislisting of claims will replace all prior versions andlistings of claims in the
`
`present application:
`
`1
`
`(original): An exterior sideview mirror assembly suitable for use on a vehicle, said
`
`exterior sideview mirror assembly comprising:
`
`a mirror housing;
`
`a mirror backing plate element;
`
`wherein said mirror backing plate element is movable within said mirror housing
`
`by an electrically-operable actuator;
`
`a main plano mirror elementfixedly disposed ata first portion of said mirror
`
`backing plate element;
`
`said main plano mirror elementhavingafirst primary field of view rearward of a
`
`vehicle equipped with said exterior sideview mirror assembly;
`
`an auxiliary non-plano curved mirror elementfixedly disposed at a second
`
`portion of said mirror backing plate element;
`
`wherein said main plano mirror element and said auxiliary non-plano curved
`
`mirror element are adjacently disposed at said mirror backing plate elementin a side-
`
`by-side relationship and are not superimposed with one mirror element on top of the
`
`other mirror element;
`
`wherein said mirror backing plate element comprises a polymeric molding;
`
`said auxiliary non-plano curved mirror element having a second auxiliary field of
`
`view rearward of the equipped vehicle;
`
`wherein said first primary field of view of said main plano mirror element overlaps
`
`said second auxiliary field of view of said auxiliary non-plano curved mirror element;
`
`wherein said auxiliary non-plano curved mirror elementthat is at said second
`
`portion of said mirror backing plate elementis angled relative to said main plano mirror
`
`elementthatis at said first portion of said mirror backing plate element;
`
`Patent Owner Magna - Ex. 2009, p. 16
`Patent Owner Magna- Ex. 2009, p. 16
`
`

`

`Inventor
`Serial No.
`Page
`
`:
`:
`:
`
`Niall R. Lynam
`13/776,091
`3
`
`wherein said mirror backing plate element mounts to said actuator such that
`
`movementof said mirror backing plate element by said actuator simultaneously and
`
`similarly moves said main plano mirror element and said auxiliary non-plano curved
`
`mirror element;
`
`wherein said main plano mirror element 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 having a thin glass element applied to a surface
`
`thereof and with an opposing surface thereof having a reflecting layer applied thereto;
`
`and
`
`wherein said first primary field of view of said main plano 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.
`
`2 (original): The exterior sideview mirror assembly of claim 1, wherein said main plano
`
`mirror element comprises a generally flat glass substrate having a surface coated with a
`
`metallic reflector coating.
`
`3 (original): The exterior sideview mirror assembly of claim 1, including a divider
`
`between said main plano mirror element and said auxiliary non-plano curved mirror
`
`elementthat visually demarcates said auxiliary non-plano curved mirror element from
`
`said main plano mirror element.
`
`4 (original): The exterior sideview mirror assembly of claim 3, 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.
`
`5 (original): The exterior sideview mirror assembly of claim 4, wherein said molded
`
`wall generally circumscribes the circumferential edge of said auxiliary non-plano curved
`
`Patent Owner Magna - Ex. 2009, p. 17
`Patent Owner Magna- Ex. 2009, p. 17
`
`

`

`Inventor
`Serial No.
`Page
`
`:
`:
`7
`
`Niall R. Lynam
`13/776,091
`4
`
`mirror element whensaid auxiliary non-plano curved mirror elementis disposed at said
`
`mirror backing plate element.
`
`6 (original): The exterior sideview mirror assembly of claim 5, wherein said main plano
`
`mirror element comprises a generally flat glass substrate having a surface coated with a
`
`metallic reflector coating.
`
`7 (original): The exterior sideview mirror assembly of claim 1, wherein said main plano
`
`mirror element comprises 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, and wherein said generally flat polymeric substrate is
`
`formed from an elongated sheetof 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 whichis sufficiently flexible to be provided in a reel or roll, and wherein
`
`said functionalfilm is sufficiently flexible to conform to said generally flat polymeric
`
`substrate of said main plano mirror element, and wherein said main plano mirror
`
`element comprisesa reflective film disposed at a surface of said generally flat
`
`polymeric substrate opposite said substantially transparent functionalfilm.
`
`8 (original): The exterior sideview mirror assembly of claim 7, wherein said thin glass
`
`element comprisesa thin flexible glass sheet, said thin flexible glass sheet existing as a
`
`pre-formed glass sheetthat is separate from said generally flat polymeric substrate,
`
`said thin flexible glass sheet having an attaching surface, wherein said attaching
`
`surface is opposed to and adhered to said surface of said generally flat polymeric
`
`substrate when said thin flexible glass sheet is adhered to said exterior surface of said
`
`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
`
`

`

`Inventor
`Serial No.
`Page
`
`:
`:
`:
`
`Niall R. Lynam
`13/776,091
`6
`
`abrasion function at said surface of said generally flat polymeric substrate when
`
`adhered thereto, said thin flexible glass sheet substantially conforming to said exterior
`
`surface of said generally flat polymeric substrate when adhered thereto, said thin
`
`flexible glass sheet having a thicknessof les