`
`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
`
`
`
`
`
`15/057,950
`
`03/01/2016
`
`Takashi TOYOOKA
`
`065933—0711
`
`2737
`
`53080
`7590
`“”400”
`McDermon Will and Emery LLP —
`The McDermott Building
`SCHWARZENBERG, PAUL
`500 North Capitol Street, NW.
`WASHINGTON, DC 20001
`
`PAPER NUMBER
`
`3744
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/24/2017
`
`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):
`
`mweipdocket @ mwe.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/057,950 TOYOOKA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`Paul Schwarzenberg $22” 3744
`-- 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 3/1/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|Z| 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
`
`; 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
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) L6is/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| Claim(s)_1-6is/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
`:/'I’vaIW.usnI‘.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)|Xl The drawing(s) filed on 3/1/2016 is/are: a)lX| 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.
`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)
`
`
`
`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 20170511
`
`

`

`Application/Control Number: 15/057,950
`
`Page 2
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`Art Unit: 3744
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`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 § 103
`
`In the event the determination of the status of the application as subject to
`
`AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is
`
`incorrect, any correction of the statutory basis for the rejection will not be
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`considered a new ground of rejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same under either status.
`
`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.
`
`2.
`
`Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over WO
`
`2011/150940 to Svendsen et al. (hereinafter referred to as Svendsen), in view of DE
`
`102008047753 to Sonnekalb et al. (hereinafter referred to as Sonnekalb) and further in
`
`view of JP 2001019944 to Yoshida et al. (hereinafter referred to as Yoshida).
`
`

`

`Application/Control Number: 15/057,950
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`Page 3
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`Art Unit: 3744
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`a)
`
`In regards to claim 1, Svendsen discloses a refrigeration apparatus (cooling
`
`system used in ultra low temperature freezers, page 6, lines 17-18),
`
`comprising: a refrigerant circuit constituted by a compressor (compressor 4,
`
`fig. 1), a condenser (condenser 8, fig. 1), a decompressor (capillary tube 20,
`
`fig. 1), and an evaporator (evaporator 22, fig. 1) connected in this order in a
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`loop (cooling system 2 comprises a compressor 4 with an outlet connected to
`
`a condenser 8 from which refrigerant flows to a capillary tube 20 then into an
`
`evaporator 22 and back to the inlet of compressor 4, page 10, lines 9-16),
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`wherein, as a refrigerant in the refrigerant circuit, a refrigerant composite
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`material (system uses mixture of refrigerants, page 5, lines 17-22) that contains a
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`first refrigerant of an ultralow temperature range refrigerant having a boiling point
`
`(mixture of refrigerants is adjusted to a specific temperature by mixing
`
`refrigerants with low boiling points with normal boiling points, page , lines 19-21),
`
`and a second refrigerant that is soluble in the carbon dioxide (R744) at a
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`temperature lower than a boiling point of the carbon dioxide (R744) is used
`
`(mixture of refrigerants may contain 515% R600a, pages 12, lines 1-4),
`
`refrigeration performance of not more than -8OC is achieved by causing the
`
`first refrigerant to evaporate in the evaporator (possible with refrigerant to
`
`achieve temperatures as low as -90 degrees C, page 6, lines 4-5),
`
`However, Svendsen fails to disclose a refrigerant that contains a refrigerant
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`having a boiling point of not less than -89.0 C and not more than -78.1 C, and
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`carbon dioxide (R744), and as the second refrigerant dissolves the carbon
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`

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`Application/Control Number: 15/057,950
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`Page 4
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`Art Unit: 3744
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`dioxide (R744), the carbon dioxide (R744) is retained in a liquid phase or in a gas
`
`phase or the solidified carbon dioxide (R744) is melted in a suction pipe through
`
`which the refrigerant that returns from the evaporator to the compressor passes.
`
`Sonnekalb, in the related field of refrigeration systems, teaches a refrigerant
`
`that contains carbon dioxide (R744) (carbon dioxide R744 is a preferred low
`
`temperature high pressure refrigerant for the first refrigerant circuit 3, para. 0044,
`
`fig. 1) and wherein as the second refrigerant dissolves the carbon dioxide
`
`(R744), the carbon dioxide (R744) is retained in a liquid phase or in a gas phase
`
`(first heat exchanger 11 can be a cascade heat exchanger with heat transferred
`
`from the refrigerant of the first refrigerant circuit 3 to the refrigerant of the second
`
`refrigerant circuit 5, para. 0037, fig. 1).
`
`It would have been obvious to one skilled
`
`in the art at the time of the invention to modify the cooling system of Svendsen
`
`with the refrigeration system of Sonnekalb to provide wherein as the second
`
`refrigerant dissolves the carbon dioxide (R744), the carbon dioxide (R744) is
`
`retained in a liquid phase or in a gas phase. The motivation for doing so would
`
`have been to transfer heat from the first refrigerant to the second refrigerant
`
`(Sonnekalb, para. 0037).
`
`Yoshida, in the related field of low temperature working fluid, teaches a
`
`refrigerant that contains a refrigerant having a boiling point of not less than -89.0
`
`C and not more than -78.1 C (low temperature working fluid mixture contains
`
`ethane R170, para. 0022), and carbon dioxide (R744) (low temperature working
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`fluid mixture contains CO2, para. 0022).
`
`It would have been obvious to one
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`

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`Application/Control Number: 15/057,950
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`Page 5
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`Art Unit: 3744
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`skilled in the art at the time of the invention to modify the cooling system of
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`Svendsen with the refrigerant of Yoshida to provide wherein a refrigerant that
`
`contains a refrigerant having a boiling point of not less than -89.0 C and not more
`
`than -78.1 C, and carbon dioxide (R744). The motivation for doing so would
`
`have been to mix C02 and R170 because their refrigerating capacity and
`
`coefficient of performance are superior to alternative HFC mixed refrigerants
`
`(Yoshida, para. 0022).
`
`b)
`
`In regards to claim 2, modified Svendsen discloses the refrigeration
`
`apparatus according to claim 1, but fails to disclose wherein the first
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`refrigerant contains difluoroethylene (R1132a),
`
`a mixed refrigerant of difluoroethylene (R1132a) and hexafluoroethane
`
`(R116),
`
`a mixed refrigerant of difluoroethylene (R1132a) and ethane (R170),
`
`ethane (R170),
`
`a mixed refrigerant of ethane (R170) and hexafluoroethane (R116),
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`an azeotropic mixture (R508A, boiling point -85.7 C) of 39 mass%
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`trifluoromethane (R23) and 61 mass% hexafluoroethane (R116),
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`or an azeotropic mixture (R508B, boiling point -86.9 C) of 46 mass%
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`trifluoromethane (R23) and 54 mass% hexafluoroethane (R116).
`
`Yoshida, in the related field of low temperature working fluid, teaches
`
`wherein the first refrigerant contains ethane (R170) (low temperature working
`
`

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`Application/Control Number: 15/057,950
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`Page 6
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`Art Unit: 3744
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`fluid mixture contains ethane R170, para. 0022).
`
`It would have been obvious to
`
`one skilled in the art at the time of the invention to modify the cooling system of
`
`Svendsen with the refrigerant of Yoshida to provide wherein the first refrigerant
`
`contains ethane (R170). The motivation for doing so would have been to mix
`
`C02 and R170 because their refrigerating capacity and coefficient of
`
`performance are superior to alternative HFC mixed refrigerants (Yoshida, para.
`
`0022)
`
`c)
`
`In regards to claim 3, modified Svendsen discloses the refrigeration
`
`apparatus according to claim 1, and further discloses wherein the second
`
`refrigerant contains isobutane (R600a) (mixture of refrigerants may contain 5-
`
`15% R600a, page 12, lines 1-4).
`
`d)
`
`In regards to claim 4, modified Svendsen discloses the refrigeration
`
`apparatus according to claim 1, but fails to disclose wherein the carbon
`
`dioxide (R744) is added in a proportion greater than 20% to a total mass of
`
`the refrigerant composite material.
`
`Yoshida, in the related field of low temperature working fluid, teaches wherein
`
`the carbon dioxide (R744) is added in a proportion greater than 20% to a total
`
`mass of the refrigerant composite material (CO2 and R170 are mixed so as to
`
`contain not less than 60% by weight of CO2, para. 0022).
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`It would have been
`
`obvious to one skilled in the art at the time of the invention to modify the cooling
`
`

`

`Application/Control Number: 15/057,950
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`Page 7
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`Art Unit: 3744
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`system of Svendsen with the refrigerant of Yoshida to provide wherein the
`
`carbon dioxide (R744) is added in a proportion greater than 20% to a total mass
`
`of the refrigerant composite material. The motivation for doing so would have
`
`been to mix C02 and R170 so as to contain 60% by weight or more of CO2
`
`because their refrigerating capacity and coefficient of performance are superior
`
`to alternative HFC mixed refrigerants (Yoshida, para. 0022).
`
`e)
`
`In regards to claim 5, modified Svendsen discloses the refrigeration
`
`apparatus according to claim 1, but fails to disclose wherein the second
`
`refrigerant is added in a proportion at which the carbon dioxide (R744) can be
`
`prevented from turning into dry ice.
`
`Yoshida, in the related field of low temperature working fluid, teaches wherein
`
`the second refrigerant is added in a proportion (CO2 and R170 are mixed so as
`
`to contain not less than 60% by weight of CO2, para. 0022) at which the carbon
`
`dioxide (R744) can be prevented from turning into dry ice (low temperature
`
`working fluid composed CO2 and R170 is operated at a condensing temperature
`
`and an evaporation temperature which prevents the risk of solidification of CO2,
`
`para. 0026).
`
`It would have been obvious to one skilled in the art at the time of
`
`the invention to modify the cooling system of Svendsen with the refrigerant of
`
`Yoshida to provide wherein the second refrigerant is added in a proportion at
`
`which the carbon dioxide (R744) can be prevented from turning into dry ice. The
`
`motivation for doing so would have to provide a low temperature working fluid
`
`

`

`Application/Control Number: 15/057,950
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`Page 8
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`Art Unit: 3744
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`mixture composed of CO2 that prevents the risk of solidification of CO2 on the
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`evaporization side of the refrigeration cycle apparatus (Yoshida, para. 0026).
`
`f)
`
`In regards to claim 6, modified Svendsen discloses the refrigeration
`
`apparatus according to claim 1, and further discloses wherein
`
`the refrigerant circuit constitutes an independent refrigerant closed circuit that
`
`condenses a refrigerant discharged from a compressor, decompresses the
`
`refrigerant with a capillary tube, and exhibits a cooling effect by causing the
`
`refrigerant to evaporate in an evaporator (cooling system 2 comprises a
`
`compressor 4 with an outlet connected to a condenser 8 from which refrigerant
`
`flows to a capillary tube 20 then into an evaporator 22 and back to the inlet of
`
`compressor 4, page 10, lines 9—16),
`
`, and
`
`the refrigerant composite material is used as a refrigerant in the refrigerant
`
`circuit (system uses mixture of refrigerants, page 5, lines 17-22) that exhibits a
`
`final cooling effect in the evaporator in the refrigerant circuit (by adding
`
`refrigerant with a natural boiling point that is very low it is possible to achieve
`
`very low temperatures at the evaporator, page 8, lines 17-19). However,
`
`Svendsen fails to disclose wherein the refrigerant circuit includes a high-
`
`temperature-side refrigerant circuit and a low-temperature-side refrigerant circuit
`
`that each constitute an independent refrigerant closed circuit, the evaporator in
`
`the high-temperature-side refrigerant circuit and the condenser in the low-
`
`

`

`Application/Control Number: 15/057,950
`
`Page 9
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`Art Unit: 3744
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`temperature-side refrigerant circuit constitute a cascade heat exchanger, and
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`refrigerant in the low-temperature side refrigerant circuit.
`
`Sonnekalb, in the related field of refrigeration systems, teaches wherein the
`
`refrigerant circuit includes a high-temperature-side refrigerant circuit (refrigerant
`
`of the second refrigerant circuit 5 is usually a high temperature low pressure
`
`refrigerant, para. 0043) and a low-temperature-side refrigerant circuit (low
`
`temperature high pressure first refrigerant circuit 3, para. 0035, fig. 1) that each
`
`constitute an independent refrigerant closed circuit (refrigerant circuit 3 and
`
`refrigerant circuit 5 are closed circuits, fig. 1), the evaporator in the high-
`
`temperature-side refrigerant circuit and the condenser in the low-temperature-
`
`side refrigerant circuit constitute a cascade heat exchanger (first heat exchanger
`
`can be switched as a cascade heat exchanger, para. 0037, fig. 1), and refrigerant
`
`in the low-temperature side refrigerant circuit (carbon dioxide R744 is a preferred
`
`low temperature high pressure refrigerant for the first refrigerant circuit 3, para.
`
`0044, fig. 1).
`
`It would have been obvious to one skilled in the art at the time of
`
`the invention to modify the cooling system of Svendsen with the refrigeration
`
`system of Sonnekalb to provide wherein the refrigerant circuit includes a high-
`
`temperature-side refrigerant circuit and a low-temperature-side refrigerant circuit
`
`that each constitute an independent refrigerant closed circuit, the evaporator in
`
`the high-temperature-side refrigerant circuit and the condenser in the low-
`
`temperature-side refrigerant circuit constitute a cascade heat exchanger, and
`
`refrigerant in the low-temperature side refrigerant circuit. The motivation for
`
`

`

`Application/Control Number: 15/057,950
`
`Page 10
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`Art Unit: 3744
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`doing so would have been to use a low temperature mixed refrigerant that does
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`not destroy the ozone layer and has low greenhouse effect in a cascade
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`refrigeration system (Sonnekalb, page 1, second paragraph).
`
`Conclusion
`
`9.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`a)
`
`b)
`
`Minor et al. (US 20120216551) teaches a cascade refrigeration system.
`
`Feng et al. (CN101434831A) teaches a low temperature mixed refrigerant
`
`for in a conventional cascade refrigeration system.
`
`c)
`
`Rolfsman et al. (US 20090223232) teaches R744 refrigerant with a
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`cascade heat exchanger.
`
`d)
`
`All (US 2009/0272128) teaches a cascade refrigeration system with R744
`
`as a refrigerant.
`
`10.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Paul Schwarzenberg whose telephone number is (313)
`
`446-6611. The examiner can normally be reached on Monday - Friday; 8:00 AM - 5:00
`
`PM Eastern Standard Time.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 15/057,950
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`Page 11
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`Art Unit: 3744
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Justin Jonaitis, can be reached on (571) 270-5150. 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.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`
`/P. S./
`
`Examiner, Art Unit 3744
`
`/JUSTIN JONAITIS/
`
`Primary Examiner, Art Unit 3744
`
`