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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
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`15/447,256
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`03/02/2017
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`MITSUYOSHI OKAMOTO
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`PANDP0200US
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`6330
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`02/22/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SELBY’ GEVELL V
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`CLEVELAND, OH 44115
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`2664
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/22/2018
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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
`following e—mail address(es):
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`ipdocket @rennerott0.c0m
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`PTOL—90A (Rev. 04/07)
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`Applicant(s)
`Application No.
` 15/447,256 OKAMOTO, MITSUYOSHI
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`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
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`2664GEVELL SELBY $233
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`-- The MAILING DA TE of this communication appears on the cover sheet with 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
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`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) 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).
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`In no event, however, may a reply be timely filed
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`Status
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`1)I:I Responsive to communication(s) filed on
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| 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
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
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`.
`—
`4) I:I Other'
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20180215
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`Disposition of Claims*
`5)|XI Claim(s) L5is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L5 is/are rejected.
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`is/are objected to.
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`) )
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`_
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`are subject to restriction and/or election requirement.
`9)|:l Claim(s
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`* If any claims have been determined allowable, 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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`://www.usoto. ov/ atents/init events"
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`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 3/2_/17is/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).
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`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)IZI 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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`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 2
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Specification
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`2.
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed.
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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.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and 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
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`basis 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.
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`5.
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`Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weng
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`et al., US 2014/0198242.
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`In regard to claim 1, Weng et al., US 2014/0198242, an imaging device
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`comprising:
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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 3
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`an optical system including a focus lens (see figure 1, element 13 and para
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`27);
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`an imaging unit (see figure 1, element 11) that images a subject image
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`input via the optical system and generates an image signal (see para 25—27);
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`an image processor (see figure 1, element 12) that executes a
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`predetermined process on the image signal and generates image data (see para 25
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`and 30);
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`an operation unit (shutter button (not numbered) and display 14) that
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`accepts a user operation (see para 29 and 35); and
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`a controller (see figure 1, element 12) that controls the image processor,
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`wherein the controller executes a search process for obtaining a focus
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`distance in each of a plurality of predetermined regions of an image indicated by
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`the image data While moving the focus lens in a predetermined drive range (see
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`para 27 and 29—41: the lens is driven through a plurality of focal distances with a
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`plurality of images captured and then the microprocessor 12 determines the focal
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`distance that correspond a plurality of regions on the images),
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`after the search process, records a moving image While moving the focus
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`lens (see para 14: video or moving images are recorded after the search process in
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`during the video recording process),
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`extracts, as a still image, a frame image focused on a region specified by a
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`user via the operation unit from a plurality of frame images forming recorded
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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 4
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`moving image data (see para 38—41: the user selects a specific lattice area and the
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`still image that has the maximum sharpness in that area is display), and
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`before the search process, sets the predetermined drive range based on a
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`range specified by the user via the operation unit (see para 27 and 29: the user
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`selects driving the lens by the prescribed driving range by pressing the shutter
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`button).
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`In regard to claim 2, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, wherein the operation unit is a touch panel that accepts a touch
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`operation from the user while regarding a region on a displayed image as an input region,
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`and the controller sets the predetermined drive range based on two points specified on the
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`touch panel by the user (see para 35: the user selects the lattice region by touching the
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`region on the display and the controller set the driving range based on the default lattice
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`selected wherein the two points are any two corner of the lattice bounding box for that
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`region).
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`In regard to claim 3, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, wherein the controller records the moving image while moving the
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`focus lens in the predetermined drive range (see para 28: the video capture process used
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`to capture images at the different focus distances).
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`In regard to claim 4, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, wherein the controller in the search process, generates a table where
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`each of the plurality of predetermined regions and information are managed in
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`association with each other, the information representing any of the plurality of frame
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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 5
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`images focused on the predetermined region, and extracts the still image with reference to
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`the table (see para 31 and 39—41: the microprocessor 12 calculates and stores sharpness
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`values to each region of each image and focus distances for each images in a table to
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`create sharpness value — focus distance distribution curves that it uses to select the
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`clearest image).
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`In regard to claim 5, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, further comprising a release button with which the user instructs
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`start of photographing operation, wherein, when the release button is half—pressed, the
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`controller starts the search process, and when the release button is full—pressed, the
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`controller starts a process for recording the moving image (see para 29).
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`Conclusion
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`6.
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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. US 2008/0239136, discloses an image sensor that acquires image data changing the
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`focal length of the lens. US 7,502,556, discloses an imaging device with focal distance detection
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`in a plurality of imaging regions. US 2014/0267825, discloses an imaging device that captures a
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`plurality of images with focusing.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to GEVELL SELBY whose telephone number is (571)272—7369.
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`The examiner can normally be reached on 8:00 A.M. — 5:30 PM (Wednesday mornings off).
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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 6
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`gvs
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`/GEVELL SELBY/
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`Primary Examiner, Art Unit 2664
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`