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 2231371450
`www.uspto.gov
`
`15/406,208
`
`01/13/2017
`
`Hidenori KOBAYASHI
`
`20759.0026U501
`
`8812
`
`52835
`
`759°
`
`06/24/20”
`
`HAMRE, SCHUMANN, MUELLER & LARSON, P.C.
`45 South Seventh Street
`Suite 2700
`
`Minneapolis, MN 55402- 1683
`
`BOBISH‘ CHRISTOPHER S
`
`3746
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/24/2019
`
`ELECTRONIC
`
`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):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`15/406,208
`Examiner
`CHRISTOPHER s BOBISH
`
`Applicant(s)
`KOBAYASHI et al.
`Art Unit
`AIA (FITF) Status
`3746
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS 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.
`|f 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 05/28/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
`
`2b) C] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
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`1 and 3—9 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
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`is/are allowed.
`
`Claim(s) 1 and 3—9 is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D 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).
`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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)I:I Some**
`
`c)CI None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] 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) C] Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/OBa and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190617
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 2
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`DETAILED ACTION
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Response to Amendment
`
`The amendments filed 05/28/2019 have been considered and are sufficient to
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`overcome the previous rejections in view of Hsiao and Lifson. However, a new rejection
`
`is made in further view of Kieffer and alternatively Boxberg.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`Claims 1, 4, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Haraki et al (US PGPub No. 2014/0308141) in view of Kieffer (US Patent No.
`
`6,002,190).
`
`Haraki teaches:
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 3
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`limitations from claim 1, a sealed refrigerant compressor (100) comprising: a
`
`sealed container (101); an electric component (111) accommodated in the sealed
`
`container; and a compression component (117) accommodated in the sealed
`
`container and configured to be driven by the electric component (paragraphs 34-
`
`35), wherein the compression component includes a cylinder (137) disposed
`
`inside the sealed container to extend in a direction crossing a vertical direction
`
`(FIG. 1), and a piston (133) which is reciprocatable inside the cylinder (paragraph
`
`43), wherein the electric component includes a stator (113), and a rotor (115)
`
`having a lower surface facing an oil surface (103) of the lubricating oil (FIG. 1),
`
`and the rotor has a shape in which a diameter of the rotor is larger than a length
`
`(L) of the rotor in a rotational axis direction thereof (see FIG. 1, 38); wherein the
`
`rotor includes a permanent magnet (115b) and does not include a magnet
`
`protective member covering an outer periphery of the permanent magnet
`
`provided in the core (see FIG. 3a-b);
`
`Haraki does not teach balancing holes in the rotor;
`
`Kieffer teaches:
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`limitations from claim 1, a rotor (see FIG. 1, formed of laminations 12, 14) for a
`
`compressor motor (C.
`
`1 Lines 41 -44), wherein a core of the rotor is provided with
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`at least one balance hole (30, 30A, 308) configured to adjust a load balance
`
`during rotation of the rotor of the compressor motor (C. 7 Lines 1-10), and
`
`wherein when considered from a direction along a rotational axis of the rotor (see
`
`FIG. 7A-C), the at least one balance hole (30, 30A, 308) is located not to be line-
`
`symmetric or point-symmetric with respect to the rotational axis of the rotor and is
`
`configured to adjust a load of the rotor during rotation into an unbalanced state
`
`(FIG. 7A-C; C. 7 Lines 20-33 teaching asymmetrical hole formations); wherein at
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`least part of the at least one balance hole (30, 30A, 308) is located closer to an
`
`outer periphery of the rotor than to a rotor shaft hole (22) of the rotor when
`
`viewed in the rotational axis direction of the rotor (see FIG. 7A-C);
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 4
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`It would have been obvious to one of ordinary skill in the art to provide balance
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`holes in the rotor of the compressor of Haraki, as taught by Kieffer, in order to
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`balance the rotor with respect to the rotating compressor components while
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`reducing or negating the need for a counterweight (see C. 1 Lines 41 -56 and C. 7
`
`Lines 1-19);
`
`Haraki further teaches:
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`limitations from claim 4, wherein the compression component is accommodated
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`in the sealed container in such a manner that the compression component
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`is located above the electric component (see FIG. 1);
`
`limitations from claim 9, a refrigeration device (paragraph 1) comprising a sealed
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`refrigerant compressor (100) of claim 1;
`
`Claims 1, 3, 5-6, and 8 is/are rejected under 35 U.S.C. 103 as being
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`unpatentable over Haraki et al (US PGPub No. 2014/0308141) in view of Hsiao et al
`
`(US Patent No. 7,598,650) in view of Kieffer (US Patent No. 6,002,190).
`
`Haraki teaches:
`
`limitations from claim 1, a sealed refrigerant compressor (100) comprising: a
`
`sealed container (101); an electric component (111) accommodated in the sealed
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 5
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`container; and a compression component (117) accommodated in the sealed
`
`container and configured to be driven by the electric component (paragraphs 34-
`
`35), wherein the compression component includes a cylinder (137) disposed
`
`inside the sealed container to extend in a direction crossing a vertical direction
`
`(FIG. 1), and a piston (133) which is reciprocatable inside the cylinder (paragraph
`
`43), wherein the electric component includes a stator (113), and a rotor (115)
`
`having a lower surface facing an oil surface (103) of the lubricating oil (FIG. 1),
`
`and the rotor has a shape in which a diameter of the rotor is larger than a length
`
`(L) of the rotor in a rotational axis direction thereof (see FIG. 1, 38); wherein the
`
`rotor includes a permanent magnet (115b) and does not include a magnet
`
`protective member covering an outer periphery of the permanent magnet
`
`provided in the core (see FIG. 3a-b);
`
`Haraki does not teach balancing holes in the rotor;
`
`Hsiao teaches:
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`limitations from claims 1 and 3, a compressor (see conventional art FIG. 1)
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`including a rotor (21, FIG. 5-6), wherein a core of the rotor is provided with
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`at least one balance hole (22, 42) for adjusting a load balance during rotation of
`
`the rotor (C. 3 Lines 4-13 and 46-57); wherein the rotor includes a
`
`permanent magnet (50) and does not include a magnet protective member
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`covering an outer periphery of the permanent magnet provided in the core (see
`
`FIG. 1 of Haraki), and wherein the at least one balance hole (22, 42) is
`
`configured to adjust a load of the rotor during rotation into an unbalanced state
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`(see FIG. 7 and forces F5 and F6; C. 3 Lines 21-40); wherein the at least one
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`balance hole (22, 42) is provided in the core in such a manner that at least a part
`
`of the balance hole is located outward relative to the permanent magnet (50)
`
`when viewed from the rotational axis direction of the rotor (see FIG. 5-6); and
`
`wherein at least part of the at least one balance hole (22, 42) is located closer to
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 6
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`an outer periphery of the rotor than to a rotor shaft hole (60) of the rotor when
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`viewed in the rotational axis direction of the rotor (see FIG. 5-6);
`
`It would have been obvious to one of ordinary skill in the art of compressors at
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`the time the invention was filed to provide layers and balancing holes in the
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`rotor of Haraki as suggested by Hsiao, in order to unbalance the rotor so that
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`the entirety of the reciprocating compressor may be balanced without the use
`
`of weights (C.
`
`1 Lines 44-52 and C. 3 Lines 46-52 of Hsiao).
`
`Hsiao teaches creating unbalance via holes (22, 42) which appear to be
`
`symmetrically arranged (FIG. 5-6) rather than asymmetrically arranged;
`
`However, Kieffer teaches:
`
`limitations from claim 1, a rotor (see FIG. 1, formed of laminations 12, 14) for a
`
`compressor motor (C. 1 Lines 41 -44), wherein a core of the rotor is provided with
`
`at least one balance hole (30, 30A, BOB) configured to adjust a load balance
`
`during rotation of the rotor of the compressor motor (C. 7 Lines 1-10), and
`
`wherein when considered from a direction along a rotational axis of the rotor (see
`
`FIG. 7A-C), the at least one balance hole (30, 30A, BOB) is located not to be line-
`
`symmetric or point-symmetric with respect to the rotational axis of the rotor and is
`
`configured to adjust a load of the rotor during rotation into an unbalanced state
`
`(FIG. 7A-C; C. 7 Lines 20-33 teaching asymmetrical hole formations); wherein at
`
`least part of the at least one balance hole (30, 30A, BOB) is located closer to an
`
`outer periphery of the rotor than to a rotor shaft hole (22) of the rotor when
`
`viewed in the rotational axis direction of the rotor (see FIG. 7A-C);
`
`It would have been obvious to one of ordinary skill in the art to form the holes of
`
`Hsiao in a variety of known shapes and positions as a matter of design choice,
`
`including asymmetric holes as taught by Kieffer (see C. 1 Lines 41 -56 and C. 7
`
`Lines 1-19 of Kieffer), in order to unbalance the rotor to account for forces
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 7
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`created by the pumping mechanism (see C. 3 Lines 15-17 and Lines 46-51 of
`
`Hsiao teaches the determination of different shapes and arrangements based
`
`upon needs of the compressor motor);
`
`Hsiao further teaches:
`
`limitations from claim 5, wherein the at least one balance hole (22, 42) extends in
`
`the rotational axis direction of the rotor (C. 3 Lines 4-13 and 46-57);
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`limitations from claim 8, wherein the at least one balance hole (22, 42) is a blind
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`hole having a bottom surface which is set to be higher than an upper surface
`
`of the stator (FIG. 5-6, C. 3 Lines 4-13 and 46-57);
`
`Kieffer further teaches:
`
`limitations from claim 6, wherein the at least one balance hole is a through-hole
`
`(FIG. 7A-C);
`
`It would have been obvious to one of ordinary skill in the art to form the holes of
`
`Hsiao in a variety of known shapes and positions as a matter of design choice,
`
`including through holes as taught by Kieffer (see C. 1 Lines 41 -56 and C. 7 Lines
`
`1-19 of Kieffer), in order to unbalance the rotor to account for forces created by
`
`the pumping mechanism (see C. 3 Lines 15-17 and Lines 46-51 of Hsiao teaches
`
`the determination of different shapes and arrangements based upon needs of the
`
`compressor motor);
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 8
`
`Claims 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Haraki et al (US PGPub No. 2014/0308141) in view of Boxberg et al (US PGPub No.
`
`2014/0265717).
`
`Haraki teaches:
`
`limitations from claim 1, a sealed refrigerant compressor (100) comprising: a
`
`sealed container (101); an electric component (111) accommodated in the sealed
`
`container; and a compression component (117) accommodated in the sealed
`
`container and configured to be driven by the electric component (paragraphs 34-
`
`35), wherein the compression component includes a cylinder (137) disposed
`
`inside the sealed container to extend in a direction crossing a vertical direction
`
`(FIG. 1), and a piston (133) which is reciprocatable inside the cylinder (paragraph
`
`43), wherein the electric component includes a stator (113), and a rotor (115)
`
`having a lower surface facing an oil surface (103) of the lubricating oil (FIG. 1),
`
`and the rotor has a shape in which a diameter of the rotor is larger than a length
`
`(L) of the rotor in a rotational axis direction thereof (see FIG. 1, 38); wherein the
`
`rotor includes a permanent magnet (115b) and does not include a magnet
`
`protective member covering an outer periphery of the permanent magnet
`
`provided in the core (see FIG. 3a-b);
`
`Haraki does not teach balancing holes in the rotor;
`
`Boxberg teaches:
`
`limitations from claims 1 and 7, a rotor (18) for a motor (paragraph 2), wherein a
`
`core of the rotor is provided with at least one balance hole (34) configured to
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 9
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`adjust a load balance during rotation of the rotor of the compressor motor
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`(Paragraph 20, 24, and 25 discussing the use of holes 34 and fasteners 38 to
`
`balance the motor rotor during operation), and wherein when considered from a
`
`direction along a rotational axis of the rotor, the at least one balance hole is
`
`located not to be line-symmetric or point-symmetric with respect to the rotational
`
`axis of the rotor and is configured to adjust a load of the rotor during rotation into
`
`an unbalanced state (Paragraph 25 teaches that the holes may be located at
`
`various selected positions; it would have been obvious to one of ordinary skill at
`
`the time the invention was filed to choose locations for the holes, including
`
`asymmetric arrangements, in order to balance different rotor forces); wherein at
`
`least part of the at least one balance hole (34) is located closer to an outer
`
`periphery of the rotor than to a rotor shaft hole (about shaft 16) of the rotor when
`
`viewed in the rotational axis direction of the rotor (see FIG. 4-5 wherein the outer
`
`portions of the hole 34 is located closer to the outside of the rotor core 26;
`
`additionally, it would have been obvious to one of ordinary skill at the time the
`
`invention was filed to choose locations for the holes, including placing he holes at
`
`different radial locations, in order to balance different rotor forces); wherein a
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`balance weight (58) is fastened to an upper surface of the rotor (FIG. 4;
`
`paragraph 25) to adjust a load balance (paragraph 25), and wherein the at least
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`one balance hole (34) is provided within a portion of the core of the rotor to which
`
`the balance weight is fastened (FIG. 4);
`
`Response to Arguments
`
`Applicant’s arguments, see response, filed 05/28/2019, with respect to the
`
`rejection(s) of claim(s) 1 and 3-9 under Lifson have been fully considered and are
`
`persuasive. Therefore, the rejection has been withdrawn. However, upon further
`
`consideration, a new ground(s) of rejection is made in view of Kieffer and Boxberg.
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 10
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`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHRISTOPHER S BOBISH whose telephone number is
`
`(571)270-5289. The examiner can normally be reached on Mon-Fri 9-5.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 15/406,208
`Art Unit: 3746
`
`Page 11
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Devon Kramer can be reached on 571-272—7118. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`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 access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/CHRISTOPHER S BOBISH/
`
`Examiner, Art Unit 3746
`
`