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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
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`15/314,685
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`11/29/2016
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`TSUYOKI HIRAI
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`20296.0081USWO
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`8515
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`53148
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`759°
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`(Mg/2°”
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`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
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`MINNEAPOLIS, MN 55402-1683
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`ELOSHWAY' NIKI MARINA
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`ART UNIT
`3736
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/18/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`PTOMail@hsml.eom
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`PTOL-90A (Rev. 04/07)
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`
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`0/7709 A0170” Summary
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`Application No.
`15/314,685
`Examiner
`NIKI M ELOSHWAY
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`Applicant(s)
`HIRAI, TSUYOKI
`Art Unit
`AIA (FITF) Status
`3736
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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).
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`Status
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`1)[:] Responsive to communication(s) filed on
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)C] 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.
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`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.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`[:1 Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[j Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`C] Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentszinit_events[pph[index.'§p or send an inquiry to PPeredhack@g§ptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`is/are: a)D accepted or b)D objected to by the Examiner.
`11):] The drawing(s) filed on
`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).
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`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:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1E] 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.
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`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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date m.
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190414
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`
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`Application/Control Number: 15/314,685
`Art Unit: 3736
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`2.
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Priority
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`Claim Rejections - 35 USC § 102
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`3.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application
`for patent published or deemed published under section 122(b), in which the patent or application, as
`the case may be, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
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`5.
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`Claims 1, 3, 4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto et
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`al. (U.S. 2002/0168496). Morimoto et al. teaches a heat insulator (paragraph [0001]) provided in a heat-
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`insulating vessel (LNG container) for holding a substance having a temperature that is lower than
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`ordinary temperature by at least 100°C, the heat insulator comprising a core material (foam), and an
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`
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`Application/Control Number: 15/314,685
`Art Unit: 3736
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`Page 3
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`outer wrapping material (metallic film; paragraph [0017]) for wrapping the core material, wherein the
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`core material has a heat-insulating core material made of an open-cell resin (paragraph [0062]), the
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`outer wrapping material is made of a metal thin plate (metallic film; paragraph [0017]), a peripheral
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`edge of the metal thin plate is fixedly bonded, and an inside of the outer wrapping material is vacuum-
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`sealed (paragraph [0019]).
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`The open-cell resin is an open-cell urethane foam, an open-cell phenolic foam, or a copolymer
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`resin containing the open-cell urethane foam or the open-cell phenolic foam (paragraphs [0064]-[0067]).
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`The outer wrapping material is made of stainless steel (paragraph [0111]).
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`The heat-insulating vessel (LNG vessel) is capable of holding a substance a temperature that is
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`lower than ordinary temperature by at least 100°C.
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`Claim Rejections - 35 USC § 103
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`6.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`7.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`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.
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`8.
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`Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Morimoto et al. (U.S.
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`2002/0168496) in view of Creazzo et al. (U.S. 2007/0100009). Morimoto et al. discloses the claimed
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`invention except for the foam being a thermoset. Creazzo et al. teaches that it is known to provide
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`Application/Control Number: 15/314,685
`Art Unit: 3736
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`Page 4
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`foam for insulating panels which is a thermoset foam (see paragraph [0054]).
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`It would have been
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`obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to
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`provide the insulator of Morimoto et al. with the foam being a thermoset, as taught by Creazzo et al., in
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`order to improve heat resistance and structural integrity.
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`9.
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`Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto et al. (U.S.
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`2002/0168496) in view of Yuasa Akiko (JP 2006-307995). Morimoto et al. discloses the claimed
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`invention except for the explosion proof structure. Yuasa Akiko teaches that it is known to provide
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`insulating panels with an explosion proof structure (see paragraph [0045]-[0047]).
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`It would have been
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`obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to
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`provide the insulator of Morimoto et al. with explosion proof structure, as taught by Yuasa Akiko, in
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`order to prevent damage from a buildup of pressure.
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`Conclusion
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`10.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. The prior art is cited for the vacuum panels having foam and a metal liner.
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`11.
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`THIS ACTION IS NON-FINAL.
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`12.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The
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`examiner can normally be reached on Monday through Friday 7: 00 am. to 3:00 pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`
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`Application/Control Number: 15/314,685
`Art Unit: 3736
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`Page 5
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Gregory Pickett can be reached on 571-272-4560. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
`
`/NIKI M ELOSHWAY/
`Examiner, Art Unit 3736
`
`