`
`UNITED STATES PATENT AND TRADEMARK OFFH .‘E
`
`['NITICI) STAE‘S DEPARTMENT OF COMMERCE
`L'njtetl Slalcs Patent and Trademark Office
`Addmss: COMMISSIONER FOR 1’;\']‘IZN'1'S
`PI} Box [430
`Alexandria. \a’itgitfiu 1:11 i— 14%”
`www.mphmgnv
`
`M’I’UCA'I'EON N0.
`FILING DATE
`FIRST NAMED INVENI'OR
`r\'i'l‘ORN]£Y DOCKET NO.
`CONFIRMATION N0.
`
`13636.0] 8
`[21231201 I
`Niall R. Lynam
`DOND‘) P— I 800
`1833
`
`mo
`
`05:17am:
`
`15671
`1
`,
`‘
`(Jardncr. I.,1nn. Burkharl & i'lory. LLI’
`285[ Ciaztrlevoix [)r.
`SE. Suite 20'!
`(m
`
`.
`hx wJ IM-R
`
`a
`AMARI. ALESSM'DROV
`
`MI W 2371
`
`Please find below andfor attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any. is set in the attached communication.
`
`MAIL DA'I'IL
`DELIVER ‘1' MODE
`
`()5! I 7120] 2
`PA PIER
`
`PTO] .—90A (Rev. {NEON
`
`Patent Owner Magna - Ex. 2007, p. 1
`Patent Owner Magna - Ex. 2007, p. 1
`
`

`

`
`Application No.
`Applicant(s)
`
`131336.018
`
`LYNAM. NIALL Fi.
`
`Office Action Summary
`
`Examiner
`
`M Uni,
`
`
`—-
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTEN ED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS) OR THIRTY (30) DAYS.
`WHICHEVER IS LONGER FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 3? CFR 1.136ta].
`In no event. however. may a reply be timely filed
`alter SIX [6) MONTHS from the matting date of this communication.
`Ii NO period for reply is specified above. the maximum statutory period will apply and wiil expire SIX [61 MONTHS irom the mailing date of this communication.
`-
`— Failure to reply within the set or extended period for reply will. by stalule, cause the application to become ABANDONED (35 U.S_C_ § 133).
`Any reply received by the Ofiice later than three months after the mailing date of this communication. even if timely filed. may reduce any
`earned patent term adjustment. See 3? CFR 1.?04(b)
`
`Status
`
`HE Responsive to communicationis) filed on 21 March 2012.
`
`2a)|:I This action is FINAL.
`
`2b)E This action is non-final.
`
`3)|:[ An election was made by the applicant in response to a restriction requirement set forth during the interview on
`_; the restriction requirement and election have been incorporated into this action.
`
`4)]:[ 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 parfe Ouayie, 1935 CD. 11,453 0.6. 213.
`
`Disposition of Claims
`
`3% Claim(s) 1-6,16-40isiare pending in the application.
`
`5a) Of the above claim(s) 16—18 25—27 and 36—40 israre withdrawn from consideration.
`
`Bil] Ciaim(s} _ isiare allowed.
`
`7121 Claimis) 1-6 19-24 and 28-35 isiare rejected.
`
`Bil] Ciaimis) _ israre objected to.
`
`9)I:i Claim(s} _ are subject to restriction andior election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`mix The drawingis) filed on 01 February 2012 isiare: ajfi accepted or bjEI 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).
`
`Fieplacementdrawing sheetisi including the correction is required if the drawingis} is objected to. See 37 CFR 1.121(d).
`
`12H] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO—152.
`
`Priority under 35 use. § 119
`
`13)[:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`ail] All b)|:| Some * ch| None of:
`LEI Certified copies of the priority documents have been received.
`
`21] Certified copies of the priority documents have been received in Application No. _
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Ftule 17.2(a}).
`
`‘ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachmenfis}
`
`
`
`4) I] interview Summary (PTO-413}
`1) E Notice of References Cited (PTO-892}
`Paper NoiseraiI 0319- _
`2] El Notice of Drafisperson's Patent Drawing Review [PTO-948]
`3} E lnfonnation Disclosure State-mantis} (PTOJSBI'OBj
`5} I:I Notice of Informal Patent Application
`Paper NoisjiMail Date m.
`6) C] Other: _
`
`US. Patent and Trademark Office
`PTOL-326 f Rev. 03-11)
`
`Office Action Summary
`
`Pan of Paper NoJMaiI Date 20120514
`
`Patent Owner Magna - Ex. 2007, p. 2
`Patent Owner Magna - Ex. 2007, p. 2
`
`

`

`ApplicationfControl Number: 13i336,018
`Art Unit: 2872
`
`Page 2
`
`DETAILED ACTION
`
`Election/Restrictions
`
`Appticant's election of Invention 1 (claims 1-6, 19-24 and 28-35) in the reply fiied
`
`on 21 March 2012 is acknowledged. Because applicant did not distinctly and
`
`specifically point out the supposed errors in the restriction requirement, the election has
`
`been treated as an election without traverse (MP EP § 818.03(a}). Claims 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 Paten ting
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a poticy 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 patentabiy distinct
`
`from the reference ciaim(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
`
`USPQZd 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 Vogef, 422
`
`Patent Owner Magna - Ex. 2007, p. 3
`Patent Owner Magna - EX. 2007, p. 3
`
`

`

`ApplicationtControl Number: 13t336,018
`Art Unit: 2872
`
`Page 3
`
`F.2d 438, 164 USPQ 619 (CCPA 19?0); and In 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 ((1)
`
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly owned with this application, or claims an invention made as a result of
`
`activities undertaken within the scope of 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 must fully 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 US. Patent No. 8,128,243. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other because the claims of the
`
`instant invention are broader and claim essentially the same subject matter as that of
`
`US 8,128,243.
`
`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 under this section made in 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(bi, by
`another filed in the United States before the invention by the applicant for patent or (2) a patent
`granted on an application tor patent by another tiled in the United States before the invention by the
`
`Patent Owner Magna - Ex. 2007, p. 4
`Patent Owner Magna - Ex. 2007, p. 4
`
`

`

`ApplicationfControl Number: 131636018
`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 Lynam et al (hereafter “Lynam") US 2002f0072026.
`
`The applied reference has a common inventor with the instant application.
`
`Based upon the earlier effective U.S. filing date of the reference, it constitutes prior art
`
`under 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 inventor of 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 described in
`
`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
`
`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 as
`
`described in [0046]; a spotting mirror (55) 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 second field of view rearward of the motor vehicfe as described in [0083],
`
`Patent Owner Magna - Ex. 2007, p. 5
`Patent Owner Magna - EX. 2007, p. 5
`
`

`

`Applicatioanontrol Number: 13r336,018
`Art Unit: 2872
`
`Page 5
`
`such that said primary field of view of said primary mirror overlaps said second field 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 shown in Figures 3 and 14; and
`
`wherein said primary mirror comprises one of (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 giass 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 shown in
`
`Figure 3 and as described in [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 shown in 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
`
`equal to 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 shown in Figure 10.
`
`Patent Owner Magna - Ex. 2007, p. 6
`Patent Owner Magna - EX. 2007, p. 6
`
`

`

`Applicatioanontrol Number: 113836.018
`Art Unit: 2872
`
`Page 6
`
`Regarding claims 6, 24 and 33, Lynam discloses said spotting portion is
`
`substantially rearward of said primary plane as shown in Figure 3.
`
`Regarding claim 34, Lynam discloses the second field 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 shown in Figure 6 and as described in [0052].
`
`Regarding claim 35, Lynam discloses that said spotting mirror is at an angle of at
`
`least about three degrees relative 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
`
`obviousness rejections set forth 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 of this 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 obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentabllity 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 primary field of
`
`Patent Owner Magna - Ex. 2007, p. 7
`Patent Owner Magna - EX. 2007, p. 7
`
`

`

`ApplicationfControl Number: 13i336,018
`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 second field
`
`of view rearward of the motor vehicle as described in col. 7, lines 6067 and col. 8, lines
`
`1-25, such that said primary field of view of said primary mirror overlaps said second
`
`field of view of said spotting mirror as shown in Figure 1 and as described in col. 8, lines
`
`26-51 ;
`
`However, in regard to claim 1, Platzer does not teach a bracket fixedly secured to
`
`the motor vehicle; a mirror casing secured to said bracket, said mirror casing defining a
`
`primary opening; and the mirror support moveabie 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 described in col. 6, lines 11-51.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was made to incorporate the bracket, casing wherein the mirror support is
`
`moveably secured within casing as taught by Black in the mirror assembly of Platzer in
`
`order to 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
`
`response to road conditions or changes in driver configuration (e.g., seat height).
`
`Regarding claim 2, the Platzer-Biack combination teaches that 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
`
`

`

`Applicatioanontrol Number: 113836.018
`Art Unit: 2872
`
`Page 8
`
`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.
`
`Regarding claim 3, the Platzer-Black combination teaches that 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 claim 4, the PIatzer-Biack 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 shown in Figure 8 of
`
`Platzer.
`
`Regarding claim 5, the Platzer-Black combination teaches that said spotting
`
`portion is forward of said primary plane as shown in Figure 21 of Platzer and Figure 12
`
`of Black.
`
`Regarding claim 6. the Platzer-Black combination teaches that said spotting
`
`portion is substantially rearward of said primary plane as shown in 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 and further 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
`
`

`

`ApplicationfControl Number: 13638018
`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 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 second field of view rearward of the motor vehicle as described in col. 7.
`
`lines 80-87 and col. 8, lines 1-25, such that said primary field of view of said primary
`
`mirror overlaps said second field of view of said spotting mirror as shown in Figure 1
`
`and as described in col. 8, lines 26-51; wherein said spotting mirror is at an angle
`
`relative to said primary mirror as shown in Figure 21.
`
`However, in regard to claims 19 and 28, Piatzer does not teach a bracket fixedly
`
`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 described in col. 6, lines 11-51.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was made to incorporate the bracket, casing wherein the mirror support is
`
`moveably secured within casing as taught by Black in the mirror assembly of Piatzer in
`
`order to provide for attaching the mirror to the motor vehicle, protection of mirror from
`
`Patent Owner Magna - Ex. 2007, p. 10
`Patent Owner Magna - EX. 2007, p. 10
`
`

`

`ApplicationfControl Number: 131636.018
`Art Unit: 2872
`
`Page 10
`
`hazards and for adjustability of the mirror so that motorist can change angle of mirror in
`
`response to road conditions or changes in driver configuration (e.g., seat height).
`
`However, in further regard to claims 19 and 28, the Ptatzer-Black combination
`
`while teaching the invention as set forth above does not teach that 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 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, Flichard teaches teach that 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 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 col. 1, lines 18-39.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was made to have the generally flat glass substrate having a surface coated
`
`with a metallic reflector coating as taught by Richard for the PIatzer-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 teaches that 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
`
`

`

`ApplicationfControl Number: 113836.018
`Art Unit: 2872
`
`Page 11
`
`Regarding claims 21 and 30, the combination teaches that 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)
`
`substantialiy equal to said single radius of curvature as shown in Figure 8 of Platzer.
`
`Regarding claims 23 and 32, the combination teaches that said spotting portion
`
`is fonrvard of said primary plane as shown in 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 shown in Figure 22 of Platzer and as
`
`described in 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 degrees relative to said primary mirror as described in col.
`
`5, lines 48-50 of Black.
`
`Claim 34 is rejected under 35 U.S.C. 103(a) as being unpatentable over Platzer
`
`US 709?312 in view of Black US 557'9133 and further in view of Richard US 6409354
`
`and further in view of Hensley US 2279751.
`
`Regarding claim 34, the PIatzer-BIack-Richard combination teaches the invention
`
`as set forth above but does not teach wherein the second field 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
`
`

`

`Applicatioanontrol Number: 113836.018
`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 second field 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 made to 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-BIack-Fiichard combination mirror assembly so as to
`
`increase the field of view and further 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 whose telephone number is
`
`(571)272-2306. The examiner can normally be reached on Monday- Friday 8:00 AM to
`
`5:30 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Thomas Pham can be reached on (571) 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
`
`

`

`ApplicationfControl Number: 131636.018
`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 httpprair-directusptdgov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 886-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`fAlessandro Amarir’
`
`Primary Examiner, Art Unit 2872
`
`Patent Owner Magna - Ex. 2007, p. 14
`Patent Owner Magna - Ex. 2007, p. 14
`
`

`

`PATENT
`DON09 P-1800
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Group Art
`Examiner
`
`2872
`:
`: Alessandro V. Amari
`
`Applicant
`: Niall R. Lynam
`Serial No.
`:
`13f336,018
`Filing Date : December 23, 2011
`For
`:
`EXTERIOR SIDEVIEW MIRROR SYSTEM
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`REQUEST FOR RECONSIDERATION
`
`' Responsiire to the Office Action mailed May 17, 2012, Applicant wishes to submit the
`
`following:
`
`Arnendments to the Specification begin on page 2 of this paper.
`
`Amendments to the Claims are reflected in the listing of claims which begins on' page 3 of this
`
`paper.
`
`Remarks begin on page 8 of this paper.
`
`A Terminal Disclaimer is attached.
`
`A Declaration under Rule 13 1(a) is attached.
`
`Patent Owner Magna - Ex. 2007, p. 15
`Patent Owner Magna - EX. 2007, p. 15
`
`

`

`Applicant
`Serial No.
`Page
`
`: Niall R. Lynam
`:
`13f336,018
`:
`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 243Wiey—Beeket—DQNGQ—P—165-B, which is a
`
`continuation of U.S. patent application Ser. No. 12/851,045, filed Aug. 5, 2010, now U.S. Pat.
`
`No. 7,934,843, which is a continuation of U.S. patent application 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.
`
`10f709,434, 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 Ma)r 20, 2003, which are hereby incorporated
`
`herein by reference in their cntireties.
`
`Patent Owner Magna - Ex. 2007, p. 16
`Patent Owner Magna - EX. 2007, p. 16
`
`

`

`Applicant
`Serial No.
`
`: Niall R. Lynam
`:
`13/336,018
`
`Page
`
`:
`
`3
`
`Amendments to the Claims:
`
`-—-—
`
`This listing of claims will replace all prior versions and listings of claims in the present
`
`application:
`
`1 (original): An exterior 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 motor vehicle through a'primary field of
`
`view; and
`
`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 said
`primary mirror such that said spotting mirror provides a second field of view rearward of the
`motor vehicle, such that said first field of view of said primary mirror overlaps said second field
`
`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 minor assembly as set forth in claim 2 wherein said primary
`
`portiori of said single mirror support defines a primary plane that is substantially flat.
`
`Patent Owner Magna - Ex. 2007, p. 17
`Patent Owner Magna - EX. 2007, p. 17
`
`

`

`Applicant
`SerialNo.
`Page
`
`: Niall R. Lynam
`:
`13/336,018
`:
`4
`
`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 as set 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: I
`
`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 rnOvany 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 primary field 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 said
`
`primary mirror such that said spotting mirror provides a second field of view rearward 'of the
`
`motor vehicle, such that said primary field of view of said primary mirror overlaps said second
`field of View of said spotting mirror; and
`I 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
`
`

`

`Applicant
`Serial No.
`Page
`
`: Niall R. Lynarn
`:
`13/336,018
`:
`5
`I
`
`having a thin glass element applied to a surface thereof and with an Opposing surface thereof
`
`having a reflecting layer applied thereto.
`
`20 (previously presented): An exterior rearview mirror assembly as set 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 mirror assembly as set 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 assembly as set forth in claim 21
`
`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.
`
`23 (previously presented): An exterior rearview mirror assembly as set forth in claim 22
`
`wherein said Spotting portion is forward of said primary plane.
`
`24 (previously presented): An exterior rcarview mirror assembly as set forth in claim 22
`
`wherein said spotting portion is substantially rearward of said primary plane.
`
`25-27 (canceled).
`
`28 (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 easing secured to said bracket,_said mirror easing defining a primaryopening;
`
`Patent Owner Magna - Ex. 2007, p. 19
`Patent Owner Magna - EX. 2007, p. 19
`
`

`

`Applicant
`Serial No.
`Page
`
`: Niall R. Lynarn
`:
`13,836,018
`:
`6
`
`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