www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`14/232,162
`
`01/10/2014
`
`Subaru Matsumoto
`
`14434.0537USWO
`
`6141
`
`53148
`
`759°
`
`05/16/20”
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`ARANT' HARRY E
`
`PAPER NUMBER
`
`ART UNIT
`3763
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/16/2019
`
`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.
`14/232,162
`Examiner
`HARRY E ARANT
`
`Applicant(s)
`Matsumoto et al.
`Art Unit
`AIA (FITF) Status
`3763
`No
`
`- 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 9/4/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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)
`
`1—8,10—12 and 14—16 is/are pending in the application.
`
`5a) Of the above claim(s) fl is/are withdrawn from consideration.
`
`E] Claim(s) _ is/are allowed.
`
`Claim(s) 1—8,10—12 and 14—15 is/are rejected.
`
`C] Claim(s) _
`
`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, 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.'sp 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 1/10/2014 is/are: a). 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)|:] Some**
`
`c)C] None of the:
`
`1.|:] Certified copies of the priority documents have been received.
`
`21:] 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)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a 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 20190424
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA 0r AIA Status
`
`1.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`Election/Restrictions
`
`2.
`
`Newly submitted claim 16 is directed to an invention that is independent or distinct from
`
`the invention originally claimed for the following reasons: Claim 16 is directed to a method for
`
`using an outdoor heat exchanger rather than an outdoor heat exchanger or vehicle air conditioner
`
`as previous presented.
`
`Since applicant has received an action on the merits for the originally presented
`
`invention,
`
`this invention has been constructively elected by original presentation for prosecution
`
`on the merits. Accordingly, claim 16 is withdrawn from consideration as being directed to a
`
`non—elected invention. See 37 CFR 1.142(b) and MPEP § 821.03
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is aquotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre—AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointingout and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`4.
`
`Claims 1—8, 10—12, 14 and 15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—
`
`AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint
`
`inventor, or for pre —AIA the applicant
`
`regards as the invention.
`
`5.
`
`The term "substantially" in claim 1 is a relative term which renders the claim indefinite.
`
`The term "substantially" is not defined by the claim, the specification does not provide a standard
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 3
`
`for ascertaining the requisite degree, and one of ordinary skill
`
`in the art would not be reasonably
`
`apprised of the scope of the invention. For examining purposes the term will be omitted.
`
`6.
`
`Claims 2—8, 10— 12, 14 and 15 are rejected to the basis of their dependency on claim 1.
`
`Claim Rejections - 35 USC § 102
`
`7.
`
`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 made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in the
`United States.
`
`8.
`
`Claim(s) 1, 2, 4, 6, and 7 is/are rejected under pre -AIA 35 U.S.C. 102(b) as being
`
`anticipated by Nis hishita (US. Patent No. 6,273,184).
`
`Regarding Claim 1, Nishishita discloses an outdoor heat exchanger (fig 1, the
`
`embodiment shown in fig 4) comprising:
`
`flat tubes (3, 7) in which the refrigerant flows, the flat tubes having a cross—sectional
`
`shape extended in a first direction (fig 4), the flat tubes being arranged in a second direction
`
`orthogonal to the first direction so as to face each other (see annotated fig 4 below), wherein the
`
`outdoor air (A) is caused to flow between the flat tubes from one side to the other in the first
`
`direction; and
`
`a corrugated fin (4) disposed between the flat tubes adjacent to each other, the corrugated
`
`fin comprising: a plurality of plate portions (4b) arranged in a third direction orthogonal to the
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 4
`
`first direction and the second direction; and a plurality of folded portions (4a) joined alternately
`
`to the flat tubes adjacent to each other,
`
`wherein
`
`each of the plurality of plate portions has a plurality of louvers (30), the plurality of
`
`louvers being inclined with respect to the first direction and being continuous with each other in
`
`the first direction (fig 4),
`
`each of the plurality of plate portions has a joining region corresponding to aregion of
`
`the folded portion that is in contact with the flat tubes, and an extension portion (see annotated
`
`fig 4 below) corresponding to a region of the folded portion that is not in contact with the flat
`
`tubes,
`
`the joining region and the extension portion are arranged in the first direction,
`
`the
`
`extension portion projects windward in the first direction from an end position of the joining
`
`region (fig 4),
`
`a foremost louver (see annotated fig 4 below) that is located on the most windward side
`
`among the plurality of louvers is disposed entirely within the extension portion,
`
`each of the plurality of plate portions has a front flat portion as a part of the extension
`
`portion,
`
`the front flat portion being located windward of the foremost louver,
`
`the front flat portion has an area larger than half of that of the extension portion (as
`
`evident in fig 4), the entire foremost louver is disposed leeward of a center of the extension
`
`portion in the first direction, and
`
`a leeward end of the foremost louver is located windward of the end position of the
`
`joining region in the first direction (fig 4), and
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 5
`
`the outdoor heat exchanger is capable to function as both an evaporator that evaporates
`
`the refrigerant by heat exchange with outdoor air and a condenser that condenses the refrigerant
`
`by heat exchange with outdoor air.
`
`The limitations of “formed by cutting and raising” is being treated as a product—by—
`
`process limitation.
`
`In product—by—process claims, “once a product appearing to be substantially
`
`identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant
`
`to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/ 103 is
`
`proper because the “patentability of a product does not depend on its method of production.”
`
`In
`
`re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
`
`It has been held that a recitation with respect to the manner in which a claimed apparatus
`
`is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus
`
`satisfying
`
`the
`
`claimed
`
`structural
`
`limitations.
`
`Ex parte Masham,
`
`2 USPQ2d
`
`1647
`
`(1987). Furthermore, “apparatus claims cover what a device is, not what a device does”. Hewlett-
`
`Packard Co. v. Bausch & Lamb Inc, 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed Circ.
`
`1990) (emphasis in original). While features of an apparatus may be recited either structurally or
`
`functionally, claims directed to an apparatus must be distinguished from the prior art in terms of
`
`structure rather than function (MPEP § 2114). Therefore, any statement of intended use and all
`
`other functional
`
`implications have been carefully considered but are deemed not to impose any
`
`patentably distinguishing structure over that disclosed by Nishishita which is capable of being used
`
`in the intended manner, i.e., operating as an evaporator and condenser.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 6
`
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`Regarding Claim 2, Nishishita further discloses wherein the foremost louver is
`
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`
`portion on only one side in the third direction (see annotated fig 4 below).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 7
`
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`Regarding Claim 4, Nishishita further discloses wherein each of the plurality of folded
`
`portions is formed in a shape having a flat central portion so as to be in surface contact with the
`
`flat tube (see annotated fig 4 below).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 8
`
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`Regarding Claim 6, Nishishita further discloses wherein the plurality of louvers form a
`
`windward louver group constituted by parallel louvers
`
`including the foremost louver, and a leeward louver group constituted by louvers inclined
`
`in an opposite direction to inclination of the foremost louver with respect to the first direction
`
`(see annotated fig 4 below), and
`
`the windward louver group and the leeward louver group are axisymmetric when viewed
`
`in the second direction (fig 4).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 9
`
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`Regarding Claim 7, Nishishita further discloses a pair of headers (2a, 2b) that extend in
`
`the second direction and to which both ends of the flat tubes are connected, wherein
`
`the first direction and the second direction are capable of being horizontal directions, and
`
`the third direction is capable of being a vertical direction (see annotated fig 3 below).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 10
`
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`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of pre—AIA 35 USC. 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
`forthin section 102, 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. Patentability shall not
`be negatived by the manner in which the invention was made.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 11
`
`10.
`
`Claim 3 is rejected under pre -AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Nis hishita as applied to claim 1 above, and further in view of Beamer et al. (US. Patent
`
`Application No. 2009/017347 8, “Beamer”, previously cited).
`
`Regarding Claim 3, Nishishita discloses all previous claim limitations. However,
`
`Nishishita does not explicitly disclose wherein the plurality of louvers are inclined at an angle of
`
`15 degrees or more and 25 degrees or less. Beamer, however, discloses a heat exchanger wherein
`
`the plurality of louvers (56, fig 4) are inclined at an angle of 20 degrees (‘J[ 0020). Therefore it
`
`would have been obvious to a person of ordinary skill
`
`in the art at the time of the invention for
`
`Nishishita to have the louvers inclined at 20 degree as taught by Beamer in order to optimize the
`
`heat exchange efficiency of the heat exchanger.
`
`11.
`
`Claims 5 and 14 are rejected under pre -AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Nis his hita as applied to claim 1 above , and further in view of Iwasaki et al. (Japanese
`
`Patent Publication JP2002350077A, "Iwasaki", previously cited).
`
`Regarding Claim 5, Nishishita further discloses wherein each of the plurality of plate
`
`portions has a rear flat portion located leeward of a rearmost louver that is located on the most
`
`leeward side among the plurality of louvers (see annotated fig 4 below).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 12
`
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`
`However, Nishishita does not explicitly disclose wherein the rear flat portion has a length
`
`greater than that of the front flat portion in the first direction. Iwasaki, however, discloses a heat
`
`exchanger (fig 3) wherein the rear flat portion (15m) has a length greater that the front flat
`
`portion (15k). Iwasaki teaches this as an alternative embodiment of having the front flat portion
`
`and rear flat portion of equal length (fig 1). Thus it would have been obvious to a person of
`
`ordinary skill in the art at the time of the invention for Nishishita to have the rear flat portion of
`
`greater length than the front rear passage as taught by Iwasaki as this constitutes as choosing
`
`from a finite number of identified, predictable solutions, with a reasonable expectation of
`
`success.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 13
`
`Regarding Claim 14, the combination of Nishishita and Iwasaki disclose all previous
`
`claim limitations. Nishishita, as modified, further disclose wherein a distance from the windward
`
`edge of the front flat portion to the foremost louver in the first direction is smaller than a distance
`
`from the leeward edge of the rear flat portion to the rearmost louver in the first direction (since
`
`the rear flat portion is increased such as taught by Iwasaki).
`
`12.
`
`Claim 8 is rejected under pre -AIA 35 U.S.C. 103(a) as being unpate ntable over
`
`Nis hishita as applied to claim 7 above, and in further View of Hu (US. Patent No.
`
`7,506,683, previously cited).
`
`Regarding Claim 8, Nishishita discloses all previous claim limitations. However,
`
`Nishishita does not explicitly disclose wherein one or more partition plates are provided inside
`
`each of the pair of headers so as to divide the flat tubes into a plurality of tube groups between
`
`which a flow direction of the refrigerant is alternately reversed, and the corrugated fin is
`
`disposed at least between the flat tubes that constitute an evaporation—upstream tube group in
`
`which the refrigerant flows first in the heating operation among the plurality of tube groups.
`
`Hu, however, discloses a heat exchanger (fig 1) wherein partition plates (15a, 15b) are
`
`provided inside each of the pair headers (16a, 16b) so as to divide flat tubes (12a, 12b) into a
`
`plurality of tube groups (A, B) between which a flow direction of the refrigerant is alternately
`
`reversed, and corrugated fin (14) is disposed at least between the flat tubes that constitute an
`
`evaporation—upstream tube group in which refrigerant would flow first in aheating operation
`
`among the plurality of groups. Hu teaches that this can configuration can increase heat exchanger
`
`efficiency (col 2, lines 60-66).
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 14
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the time
`
`of the invention for Nishishita to provide the partitions of Hu in order to increase the thermal
`
`efficiency of the heat exchanger.
`
`13.
`
`Claim 10 is rejected under pre -AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Nis hishita as applied to claim 1 above, and further in Viewof Jiang et al. (US. Patent
`
`Publication No. 2011/0036550, “Jiang”).
`
`Regarding Claim 10, Nishishita discloses all previous claim limitations. However,
`
`Nishishita does not explicitly disclose wherein a louver that is adjacent to the foremost louver
`
`comprises a part that is disposed within the extension portion and a residual part that is disposed
`
`outside the extension portion.
`
`Jiang, however, discloses a heat exchanger wherein a louver that is adjacent to the
`
`foremost louver comprises a part that is disposed within the extension portion (114) and a
`
`residual part that is disposed outside the extension portion (see annotated fig 2 below). It would
`
`have been obvious to a person of ordinary skill in the art at the time of the invention for
`
`Nishishita to have a louver adjacent to the foremost louver partly in the extension portion in
`
`order to fit an optimal amount louvers onto the plate portion, thereby optimizing the airflow
`
`through the heat exchanger.
`
`

`

`Application/Control Number: 14/232, 162
`Art Unit: 3763
`
`Page 15
`
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`
`14.
`
`Claim 12 is/are rejected under pre -AIA 35 U.S.C. 103(3) as being unpatentable over
`
`Nis his hita alone .
`
`.mmCg
`
`2,1
`
`Nishishita discloses all previous claim limitations. However,
`
`.marwasweORH
`
`Nishishita does not explicitly disclose wherein the extension portion has a length of 1.5 mm or
`
`more and 3.5 mm or less in the first direction.
`
`since Nishishita teaches an extension portion (corresponding to L) which will
`
`vary in length,
`
`the length of the extension portion is recognized as a result—effective variable
`
`9
`
`i.e.
`
`a variable which achieve a recognized result. In this case the recognized result being that the
`
`length of the extension portion will affect the heat exchange capacity of the heat exchanger.
`
`
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 16
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the time
`
`of the invention for Nishishita to have the extension portion has a length of 1.5 mm or more and
`
`3.5 mm or less in the first direction in order to optimize the heat exchanger.
`
`15.
`
`Claim 15 is rejected under pre -AIA 35 U.S.C. 103(a) as being unpatentable over
`
`Nis his hita in View of Itoh et al. (US. Patent Application No. 2002/0036080, "It0h",
`
`pre vi0usly cited).
`
`Regarding Claim 15, Nishishita discloses all previous claim limitations. Nishishita
`
`further discloses an outdoor heat exchanger according to claim 1.
`
`However, Nishishita does not explicitly disclose a refrigeration circuit comprising: a
`
`compressor that compresses a refrigerant;
`
`an indoor heat exchanger that exchanges heat between the refrigerant and air to be fed
`
`into a vehicle interior;
`
`an expansion mechanism that expands the refrigerant; wherein
`
`the vehicle air conditioner is configured to perform a heating operation and a cooling
`
`operation, and
`
`the outdoor heat exchanger functions as both a condenser that condenses the refrigerant
`
`in the cooling operation and an evaporator that evaporates the refrigerant in the heating
`
`operation.
`
`Itoh, however, discloses arefrigeration circuit (fig 1) comprising: a compressor (110) that
`
`compresses a refrigerant (‘J[ 0033); an indoor heat exchanger (120) that exchanges heat between
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 17
`
`the refrigerant and air to be fed into a vehicle interior (‘J[ 0033); an expansion mechanism (161,
`
`162) that expands the refrigerant (‘J[ 0035);
`
`the vehicle air conditioner is configured to perform a heating operation and a cooling
`
`operation (‘JI 0034—0035), and
`
`the outdoor heat exchanger functions as both a condenser that condenses the refrigerant
`
`in the cooling operation and an evaporator that evaporates the refrigerant in the heating operation
`
`(‘11 0034—0035).
`
`Thus it would have been obvious to a person of ordinary skill in the art at the time of the
`
`invention for Nishishita to provide the outdoor heat exchanger of Claim 1 in place of the outdoor
`
`of heat exchanger (130) of Itoh in order to increase the thermal efficiency of the refrigerant
`
`circuit of Hu.
`
`Response to Arguments
`
`16.
`
`Applicant’s arguments, see appeal brief, filed 9/4/2018, with respect to the rejection(s) of
`
`claim(s) 1—8, 10— 12, 14, and 15 under 103(a) 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 Nishishita. Specifically,
`
`the argument that Yamamoto
`
`does not teach the front flat portion being more than half of the extension portion is found
`
`persuasive.
`
`Conclusion
`
`17.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HARRY E ARANT whose telephone number is (571)272—1105.
`
`The examiner can normally be reached on Monday—Friday 10—6 ET.
`
`

`

`Application/Control Number: 14/232,162
`Art Unit: 3763
`
`Page 18
`
`Examiner interviews are available via telephone,
`
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`
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`
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`
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Jianying Atkisson can be reached on (571)270—7740. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571—273—8300.
`
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`
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`
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`
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`
`/HARRY E ARANT/
`
`Examiner, Art Unit 3763
`
`/CHRISTOPHER R ZERPHEY/
`
`Primary Examiner, Art Unit 3763
`
`