Application No.: 16/580,195
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`Docket No.: P190960US00
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`REMARKS
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`Claims 1-2 and 4-13 are pending in the application. Claims 1-2 and 4-13 are rejected.
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`Claims 1, 2, 11 and 13 are amended herein. Support for the amendmentis at least found in
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`paragraph [0025] of the specification as filed. Further support is detailed below.
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`
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`Applicant’s Response to the Claim Rejections under 35 U.S.C. §103
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`Claims 1, 4, 6, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Shiozaki (JP Publication 2016-127000) in view of Umeyama (U.S. Patent Publication
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`2015/0333324).
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`Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shiozaki (JP
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`Publication 2016-127000) in view of Umeyama (U.S. Patent Publication 2015/0333324) as
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`applied to claims 1, 4, 6, 8 and 10 above, and further in view of Schmidt (U.S. Patent
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`Publication 2013/0164635).
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`In responsethereto, applicants respectfully submit that the claims as now presented are not
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`obvious over Shiozaki
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`in view of Umeyama and/or Schmidt for at least the reason that the
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`combination does not providefor all the aspects of the claims, nor is there any rationale prompting
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`a skilled artisan to modify the combination so as to derive the current invention.
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`Specifically, Shiozaki in view of Umeyamaand/or Schmidtat least fails to provide for the
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`aspects of parent claim 1 the thermally expandable material includes expandable graphite treated
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`with at least one of the group consisting of concentrated sulfuric acid, nitric acid and selenic acid,
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`and at least one of the group consisting of concentrated nitric acid, perchlorate, permanganate and
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`dichromate so as to form crystalline compounds having a graphitic layer structure which when a
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`predetermined temperature is reached are volumetrically expanded by a gas generated by heat to
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`Application No.: 16/580,195
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`Docket No.: P190960US00
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`form a nonflammable carbonized layer, and the thermally expandable material has larger volume
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`expansion due to heat than the conductive material.
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`The rejection primarily relies on Shiozaki as disclosing a secondary battery comprising a
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`positive electrode, a negative electrode, and a non-aqueous electrolyte, wherein the positive
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`electrode comprises a current collector, a protective layer comprising a conductive material and
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`inorganic compound, the content of the inorganic compoundin the protective layer is 90-99 wt%,
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`and an active material layer which can be a lithium transition metal oxide, such as LixCoQ, per
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`paragraphs 0012, 0016, 0018, 0022 and 0023thereof.
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`The rejection acknowledges that Shiozaki fails to disclose that a thermally expandable
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`material, different from a conductive material, is present in the cathode and has larger volume
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`expansion than the conductive material.
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`For these missing aspects the rejection cites to the secondary reference, Umeyamaas
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`disclosing a nonaqueouselectrolyte secondary battery comprising expandedgraphite addedin the
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`active material/expanded graphite mixture in an amountof 0.44-5.83 mass%, per paragraphs 0057,
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`0062, 0069 and 0073 thereof.
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`The rejection concludesthat the skilled artisan would have included an expanded graphite
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`as taught by Umeyamain the positive electrode active material layer of Shiozaki, in addition to
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`the conductive agent, because Umeyama teaches that
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`this material
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`improves the output
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`characteristics at a low state of charge.
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`In regard to previously presented claim 11, (in part now incorporated into base claim 1),
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`the rejection relies upon the additional secondary reference, Schmidt as teaching an expanded
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`graphite teaches formed by treating a natural graphite with concentrated sulfuric acid and
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`concentrated nitric acid, per paragraph [0038] thereof.
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`Application No.: 16/580,195
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`Docket No.: P190960US00
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`In response thereto, applicant first notes that the teachings of the secondary reference,
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`Umeyamaregarding the use of expanded graphite are detailed at paragraphs 0070 to 0072 thereof
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`as follows:
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`[0070] (Expanded Graphite)
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`[0071] Expanded graphite 3 1s graphite in which an interlayer spacing is expanded
`in the crystalline structure of graphite, and serves as a conductive material.
`Expanded graphite 3 is excellent
`in elasticity, and therefore can follow
`expansion/contraction of second positive electrode active material particle 2.
`Therefore, the electric conduction path can be suppressed from being broken during
`cycle endurance.
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`in lubricity. Therefore, during
`[0072] Expanded graphite 3 is also excellent
`granulation, expanded graphite 3 is likely to be exposed at
`the surface of
`granulation body 10. Moreover, when granulation body 10 is compressed during
`the sheet formation, expanded graphite 3 can be further pushed to the surface of
`granulation body 10, whereby granulation body 10 is covered with expanded
`graphite 3 depending on conditions. Because expanded graphite 3 is thus exposed
`at the surface of granulation body 10, a contact point CP between granulation
`bodies 10 is formed by highly conductive expanded graphite 3 as shownin FIG.5,
`for example. Such contact points CP are formed between granulation bodies 10
`vertically and horizontally adjacent to each other, thereby constructing a good
`electric conduction network.
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`Umeyama
`FIG.2
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`FIGS
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`Application No.: 16/580,195
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`Docket No.: P190960US00
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`Further, per paragraph 0015 of Umeyama, the “expanded graphite” is defined.
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`[0015] Here, the “expanded graphite” is graphite in which an interlayer spacing is
`expanded in the crystalline structure of graphite, serves as a conductive material,
`and
`is
`excellent
`in
`elasticity
`and
`is
`therefore
`capable of
`following
`expansion/contraction of the second positive electrode active material particle
`(lithium iron phosphate). Accordingly, a secure electric conduction path is formed
`which is capable of withstanding excessive expansion/contraction of the second
`positive electrode active material particle in the granulation body.
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`As seen from the above, the “expanded graphite” of Umeyamais an expanded material
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`meant to provide conductive connection per the contact points CP. Hence, the “expanded graphite”
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`of Umeyamais not a “thermally expandable material” in the state present in Umeyama. The
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`additional secondary reference, Schmidt provides a similar description in the relied upon paragraph
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`[0038] to that of Umeyama.
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`Contrary, as described in the current application at paragraph [0025] asfiled:
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`Examples of expanded graphite include treated products obtained by treating
`natural graphite with concentrated sulfuric acid, nitric acid, or selenic acid, and
`concentrated nitric acid, perchlorate, permanganate, or dichromate. These are
`crystalline compoundshavinga graphitic layer structure, and when a predetermined
`temperature is reached, they are volumetrically expanded by a gas generated by
`heat to form a nonflammable carbonized layer.
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`In other words, the expanded graphite of Umeyama“is a graphite in which an interlayer
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`spacing is expandedin the crystalline structure of graphite.” Opposite, in the current invention the
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`expandedgraphite is treated so that the crystalline compoundshaving a graphitic layer structure,
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`and when a predetermined temperature is reached, they are volumetrically expanded by a gas
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`generated by heat to form a nonflammable carbonized layer. In short, the graphite structure of the
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`current invention is “thermally expandable” as claimed, whereas in Umeyamathe graphite is
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`expanded.
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`10
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`Application No.: 16/580,195
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`Docket No.: P190960US00
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`Moreover, there is no rationale prompting a skilled artisan to derive this missing aspect.
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`Rather, Umeyamarequires the expanded graphite as a conductive material between the granulation
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`bodies 10. There is no teaching or suggestion to maintain the graphite as a thermally expandable
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`material.
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`In light of the above, assuming arguendo a combination of including the “expanded
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`graphite” of Umeyama and/or Schmidt into the battery of Shiozaki, the result would not be the
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`invention as set forth in base claim 1 as the material would not be “thermally expandable”.
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`Wherefore, applicant respectfully submits that claim 1 as previously presented as well as
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`its respective dependent claims are not obvious over Shiozaki in view of Umeyama and/or
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`Schmidt.
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`Claims 2, 5, 7, 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Shiozaki (JP Publication 2016-127000) in view of Umeyama (U.S. Patent Publication
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`2015/0333324) and Kuzuo (JP Publication 2001-332245).
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`Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Shiozaki (JP
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`Publication 2016-127000) in view of Umeyama (U.S. Patent Publication 2015/0333324) and
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`Kuzuo (JP Publication 2001-332245) as applied to claims 2, 5, 7, 9 and 12 above, and further
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`in view of Schmidt (U.S. Patent Publication 2013/0164635).
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`In response thereto, applicants respectfully submit that the claims as now presentedare not
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`obvious over Shiozaki in view of Umeyamaand Kuzuo and/or Schmidt forat least the reason that
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`the combination does not provide for all the aspects of the claims, nor is there any rationale
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`prompting a skilled artisan to modify the combination so as to derive the current invention.
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`Specifically, Shiozaki in view of Umeyama and Kuzuo and/or Schmidt at least fails to
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`provide for the aspects of parent claim 1 the thermally expandable material includes expandable
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`11
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`Application No.: 16/580,195
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`Docket No.: P190960US00
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`graphite treated with at least one of the group consisting of concentrated sulfuric acid, nitric acid
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`and selenic acid, and at least one of the group consisting of concentrated nitric acid, perchlorate,
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`permanganate and dichromate so as to form crystalline compounds having a graphitic layer
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`structure which when a predetermined temperature is reached are volumetrically expanded by a
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`gas generated by heat to form a nonflammable carbonized layer, and the thermally expandable
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`material has larger volume expansion due to heat than the conductive material.
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`The rejection of base claim 2 is based on the same disclosures of Shiozaki and Umeyama
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`as utilized in regard to claim 1 as detailed above. Therejection relies upon the additional secondary
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`reference, Kuzuo in regard to a heat expandable microcapsule in an amount of 0.01-5 wt%, per
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`paragraphs 0010 and 0021 thereof. The rejection of claim 13 (in part now incorporated into base
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`claim 2) relies upon the additional secondary reference, Schmidt as utilized in regard to claim 11
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`as detailed above.
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`Asdetailed above and hereby incorporated by reference, Umeyama and/or Schmidt does
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`not disclose “expanded graphite” as a thermally expandable material. As such, there is no manner
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`wherebya skilled artisan may derive utilizing the expanded graphite thereof as the expandable
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`material in place of the expandable microcapsules taught by Kuzuo.
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`Wherefore, applicant respectfully submits that base claim 2 as well as its respective
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`dependentclaims are not obvious over Shiozaki in view of Umeyama and Kuzuo and/or Schmidt.
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`In view of the foregoing amendments and accompanying remarks, it is submitted that all
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`pending claims are in condition for allowance. A prompt and favorable reconsideration of the
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`rejection and an indication of allowability of all pending claims are earnestly solicited.
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`12
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`Application No.: 16/580,195
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`Docket No.: P190960US00
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`If the Examiner believes that there are issues remaining to be resolved in this application,
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`the Examineris invited to contact the undersigned attorney at the telephone number indicated
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`below to arrange for an interview to expedite and complete prosecution ofthis case.
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`If this paperis not timely filed, Applicants respectfully petition for an appropriate extension
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`of time. The fees for such an extension or any other fees that may be due with respect to this paper
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`may be charged to Deposit Account No. 50-2866.
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`Respectfully submitted,
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`WHDA, LLP
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`/Michael J. Caridi/
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`MichaelJ. Caridi
`Attorney for Applicants
`Registration No. 56,171
`Telephone: 703-827-3800
`Facsimile: 571-395-8753
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`MIJC/yk
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`13
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