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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`14/766,033
`
`08/05/2015
`
`Hiroyuki KAWANO
`
`20240.0047USWO
`
`3631
`
`”mm” —HAMRE, SCHUMANN,MUELLER&LARSONP.C. m
`7590
`53148
`45 South Seventh Street
`PLAKKOOTTAM, DOMINICKL
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`3746
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/16/2017
`
`ELECTRONIC
`
`Please find below and/0r 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.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/766,033 KAWANO ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`3746DOMINICK L. PLAKKOOTTAM $2215
`-- The MAILING DA TE of this communication appears on the cover sheet with 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 CFR1. 136( a).
`after SIX () 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`
`1)IZI Responsive to communication(s) filed on 8/21/17
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI CIaim(s)1;8is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-8is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* 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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)IXI The drawing(s) filed on 8/5/15 is/are: a)IXI accepted or b)I:I 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)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`SIXI 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20171109
`
`

`

`Application/Control Number: 14/766,033
`
`Page 2
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`Art Unit: 3746
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`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 —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`3.
`
`Claim(s) 1, 2, 4 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Kinjo et al. (herein Kinjo) (US PG Pub 2010/0239438).
`
`Regarding Claim 1:
`
`ln Figures 1-6, Kinjo discloses a sealed compressor comprising: a sealed container
`
`(101) having a sealed space (space within container occupied by refrigerant gas 105)
`
`inside thereof; an electric component (109) accommodated in the sealed container (see
`
`Figure 1); and a compression component (111) accommodated in the sealed container
`
`and driven by the electric component to compress a refrigerant gas (see paragraph
`
`[0118]), wherein the compression component (111) includes: a crankshaft (113)
`
`supported such that an axis of the crankshaft extends vertically (as evident from Figure
`
`1), the crankshaft being rotated by the electric component (see paragraph [0118]); a
`
`piston (117) which is provided such that an axis of the piston crosses an axial direction
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`of the crankshaft and is reciprocatable according to a rotation of the crankshaft (as seen
`
`in Figure 1 and as described in paragraph [0118]); a Cylinder (131) having a
`
`

`

`Application/Control Number: 14/766,033
`
`Page 3
`
`Art Unit: 3746
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`compression chamber (129) inside thereof, the piston being reciprocatably inserted into
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`the cylinder through one end of the cylinder (see Figure 1 and paragraph [0118]); a
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`valve plate (137) which closes the other end of the cylinder (as seen in Figure 1) and is
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`provided with a suction hole (135) and a discharge hole (not shown, see paragraph
`
`[0107]); a cylinder head (141) which is fastened to the other end of the cylinder via the
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`valve plate (see paragraph [0107]) and has a discharge space (not shown) inside
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`thereof which is in communication with the discharge hole; and a suction muffler (145)
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`which is located below the cylinder (as seen in Figure 1), has a muffling space (147)
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`inside thereof, and includes a communication pipe (153) coupled to the suction hole
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`(see Figure 1), wherein the communication pipe (153) extends upward from the suction
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`muffler toward the other end of the cylinder (as seen in Figure 1) and includes a
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`communication pipe exit section (portion of pipe that is coupled to the suction hole 135,
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`hence forth referred to as CPE) at an upper end of the communication pipe such that
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`the communication pipe exit section is in communication with the suction hole (as seen
`
`in Figure 1), wherein a recess (space between the wall of the cylinder head 141 and the
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`suction hole 135, that is occupied by CPE, henceforth referred to as R) accommodating
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`the communication pipe exit section inside thereof is provided on a lower portion of the
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`cylinder head (as seen in Figure 1), and wherein a gas inflow space (depicted as 208 in
`
`Figure 6) in an interior of the sealed container is formed between the communication
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`pipe exit section (CPE) and the cylinder head (as seen in Figure 6) and is in
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`communication with the sealed space (as evident from Figure 6), and wherein a heat
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`insulating space (see annotated Figure A below) is formed on an outer periphery of the
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`

`

`Application/Control Number: 14/766,033
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`Page 4
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`Art Unit: 3746
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`communication pipe exit (CPE) and below an opening section (163) of the
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`communication pipe exit (CPE), and the heat insulating space is facing the valve plate
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`(faces valve plate 137 as seen in annotated Figure A below).
`
`Regarding Claim 2:
`
`ln Figures 1-6, Kinjo discloses a sealed compressor, wherein when the axial direction of
`
`the crankshaft (113) is a longitudinal direction and an axial direction of the piston (117)
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`is a lateral direction, the gas inflow space in the interior of the sealed container includes
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`a first space (see annotated Figure A below, henceforth referred to as FS) located
`
`below the discharge space and extending in the lateral direction to face an upper
`
`peripheral surface of the communication pipe exit section, and a second space (see
`
`annotated Figure A below, henceforth referred to as 88) extending in the longitudinal
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`direction to face a side peripheral surface of the communication pipe exit section, and
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`wherein the first space has a thickness larger than a thickness of the second space (as
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`seen in the annotated Figure A below, the first space has a constant thickness that is
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`greater than the thickness of the second space since the second space is formed
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`between a wall of the cylinder head that tapers towards the communication pipe and so
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`the second space’s thickness is smaller than the thickness of the first space).
`
`

`

`Application/Control Number: 14/766,033
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`Page 5
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`Art Unit: 3746
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`First Space
`
`
`
`
`«fl';:.'393%?
`
`
`
`Spafle
`
`Regarding Claim 4:
`
`In Figures 1-6, Kinjo discloses a sealed compressor, wherein the cylinder head (141) is
`
`formed with a hollow space (same occupied by the communication pipe and the first
`
`and second spaces) on a projection plane formed by projecting the suction hole in the
`
`lateral direction to the lower portion of the cylinder head.
`
`Regarding Claim 7:
`
`ln Figures 1-6, Kinjo discloses a sealed compressor, being configured to be driven at an
`
`operating frequency (as is well known in the art, the motors driving the pistons of these
`
`types of piston compressors, typically operate at one or more operating frequencies).
`
`

`

`Application/Control Number: 14/766,033
`
`Page 6
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`Art Unit: 3746
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`Claim Rejections - 35 USC § 103
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`4.
`
`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.
`
`5.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`6.
`
`Claim 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kinjo
`
`(US PG Pub 2010/0239438) in view of Kim et al. (herein Kim) (US PG Pub
`
`2003/0108438)
`
`ln Figures 1-6, Kinjo discloses a sealed compressor, wherein the communication pipe
`
`exit section (CPE) has the opening section (163) at a tip end (as seen in Figure 1).
`
`Kinjo fails to disclose that the opening section is inserted into the suction hole.
`
`However, it is extremely well known in the art to insert a pipe opening directly into a hole
`
`to provide sealed entry of the fluid into the hole. For example, in Figure 1, Kim discloses
`
`a compressor wherein a pipe has an opening section at a tip end, wherein the opening
`
`

`

`Application/Control Number: 14/766,033
`
`Page 7
`
`Art Unit: 3746
`
`section is inserted into a hole (4a).
`
`Hence, based on common knowledge in the art and the teachings it Kim, it would have
`
`been obvious to one of ordinary skill in the art, before the effective filing date of the
`
`claimed invention, to modify the opening section of Kinjo's communication pipe exit
`
`section (CPE), such that it could be inserted into Kinjo's suction hole (in the manner
`
`taught by Kim), such that the entry point of the pipe into the hole would be sealed,
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`thereby preventing leakage of fluid between the hole and the pipe.
`
`7.
`
`Claims 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kinjo (US PG Pub 2010/0239438) in view of Nakano et al. (herein Nakano) (US PG
`
`Pub 2006/0039803)
`
`Regarding Claim 5:
`
`Kinjo substantially discloses all the claimed limitations but fails to disclose that the
`
`communication pipe exit section is provided with a communication hole which provides
`
`communication between the heat insulating space and an interior of the communication
`
`pipe section.
`
`However, in Figure 9, Nakano discloses a similar suction muffler (50) wherein a
`
`communication pipe exit section (55) is provided with a communication hole (59) which
`
`provides communication between a heat insulating space (58, refrigerant gas within
`
`heat insulating space 58 thermally insulates suction space 57, see paragraph [0017])
`
`and an interior of the communication pipe section (as seen in Figure 9). This
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`communication hole also permits the heat insulating space (58) to function as a
`
`resonant space (see paragraph [0017]).
`
`

`

`Application/Control Number: 14/766,033
`
`Page 8
`
`Art Unit: 3746
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`Hence, based on Nakano’s teachings, it would have been obvious to one of ordinary
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`skill in the art, before the effective filing date of the claimed invention, to include a
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`communication hole in Kinjo's communication pipe exit section (CPE) at the section of
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`the pipe directly adjacent to the heat insulating space, as taught by Nakano, in order to
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`advantageously provide a more direct flow path between the interior of the
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`communication pipe exit section and the heat insulating space, thereby allowing the
`
`heat insulating space to be quickly filled with heat insulating refrigerant gas and to also
`
`allow the heat insulating space to act as a resonant space which would reduce the
`
`generated noise (see Nakano's paragraph [0017]).
`
`Regarding Claim 6:
`
`Kinjo discloses a suction muffler, wherein the suction muffler (145) is formed of molded
`
`resin (see paragraph [0108]), and wherein the heat insulating space (see Figure A) is
`
`formed integrally with the suction muffler, when the suction muffler is molded (as
`
`evident from Figure A, the suction muffler is molded into a shape that integrally forms
`
`the indicated heat insulating space on an outer periphery of the muffler).
`
`8.
`
`Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kinjo
`
`(US PG Pub 2010/0239438) in view of Imai et al. (herein Imai) (US PG Pub
`
`2006/0230782)
`
`Kinjo substantially discloses all the claimed limitations including utilizing the compressor
`
`in a refrigeration circuit (refrigerator not shown, see paragraph [0001]).
`
`Kinjo is silent regarding the elements of the refrigeration circuit.
`
`However, in Figure 1, Imai discloses a similar refrigeration circuit with a sealed
`
`

`

`Application/Control Number: 14/766,033
`
`Page 9
`
`Art Unit: 3746
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`compressor (1), a heat radiator (2), a pressure-reducing device (expansion valve 3
`
`acting as pressure reducing means, see paragraph [0026]), and a heat absorbing unit
`
`(14) sequentially coupled to each other to form a circuit by use of pipes.
`
`Hence, based on lmai’s teachings, it would have been obvious to one of ordinary skill in
`
`the art, before the effective filing date of the claimed invention, that Kinjo's refrigeration
`
`circuit (refrigerator not shown) could incorporate Kinjo's sealed compressor, sequentially
`
`coupled to a heat radiator, a pressure reducing device and a heat absorbing unit, of the
`
`type taught by lmai, since these elements are known components of a refrigeration
`
`cycle apparatus and so would yield predictable results when used in a refrigeration
`
`circuit of a refrigeration device (such as a refrigerator).
`
`Response to Arguments
`
`9.
`
`Applicant's arguments filed 8/21/2017 have been fully considered but they are
`
`not persuasive. Applicant argues that Kinjo fails to disclose the newly added limitation of
`
`claim 1 which discloses a heat insulating space formed at a particular location with
`
`respect to the communication pipe exit section. However, as explained above in the
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`revised rejection of claim 1, Kinjo does teach a heat insulating space (see Figure A
`
`above) formed in the claimed location. It should be noted that refrigerant within the
`
`compressor shell (101) is capable of entering the aforementioned heat insulating space
`
`and so this refrigerant within this space acts as a heat insulator between the
`
`communication pipe exit section and the space surrounding it. Due to these reasons,
`
`the applicant’s arguments are not persuasive. In light of this amended claim language, a
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`new rejection has been proposed for claim 5 as well.
`
`

`

`Application/Control Number: 14/766,033
`
`Page 10
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`Art Unit: 3746
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`Conclusion
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`10.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`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.
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DOMINICK L. PLAKKOOTTAM whose telephone
`
`number is (571)270-7571. The examiner can normally be reached on M-F 9:00 AM to
`
`5:30 PM EST.
`
`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: 14/766,033
`
`Page 11
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`Art Unit: 3746
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Essama Omgba can be reached on (571 )272—4532. 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 USPTO
`
`Customer Service Representative or access to the automated information system, call
`
`800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/DOMINICK L PLAKKOOTTAM/
`
`Primary Examiner, Art Unit 3746
`
`