`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`17/045,390
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`10/05/2020
`
`Tatsuya OKUNO
`
`NIIP21PUSO1
`
`2403
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`FALLAHKHAIR, ARMAN B
`
`2875
`
`04/28/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`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 @rennerotto.com
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`PTOL-90A (Rev. 04/07)
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`
`
`
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`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-8 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s)filed on 10/5/20 is/are: a)¥) accepted or b)() 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
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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 10/5/20.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`4)
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mail Date 20210421
`
`Application No.
`Applicant(s)
`17/045,390
`OKUNO etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ARMAN B FALLAHKHAIR
`2875
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif 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 10/5/20.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
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`Application/Control Number: 17/045,390
`Art Unit: 2875
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`Page 2
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`Notice ofPre-AIA or AIA Status
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`The present application,filed on or after March 16, 2013, is being examined
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`underthefirst inventorto file provisions of the AIA.
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`Priority
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Information Disclosure Statement
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`The information disclosure statement (IDS) submitted on 10/05/2020 is being
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`considered by the examiner.
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`Preliminary Amendments
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`Applicant's preliminary submission dated 10/05/2020 has been entered.
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`Claim Rejections - 35 USC § 103
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`The followingis a quotation of 35 U.S.C. 103 which formsthebasisfor all
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`obviousnessrejections set forth in this Office action:
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`A patentfor a claimed invention may not be obtained, notwithstanding that the claimed
`inventionis not identically disclosed as set forth in section 102,if the differences between the
`claimed invention andthe 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 mannerin which the invention was made.
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`Claim 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`TAKAHIRA (US
`
`986
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`in view of RAINS (US 2010/0259918).
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`Regarding claim 1, TAKAHIRA discloses an illumination device (FIG.s 1-35),
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`comprising: a housing (4 FIG.s 1-34) including an opening portion; a wavelength
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`converting component(8 FIG.s 1-33) which is disposed inside the housing and radiates
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`wavelength-converted light after a laser beam enters the wavelength converting
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`component, the wavelength-convertedlight having a different wavelength from a
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`wavelength of the laser beam; an optical film (7 FIG.s 1-16) which covers the opening
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`
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`Application/Control Number: 17/045,390
`Art Unit: 2875
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`Page 3
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`portion, the optical film having optical properties such that a transmittance for the
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`wavelength-converted light is more and a transmittance for the laser beam at a peak
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`wavelengthis less than of a transmittance for the wavelength-converted light at a peak
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`wavelength (evident of the 'wavelengthselectionfilter’).
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`TAKAHIRA further teaches a structure whichis disposed onat least part of an
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`innerwall of the housingreflects the laser beam reflected by at least the optical film
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`(operationally required of the inner walls of the housing to do so), wherein the structure
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`is disposed on an inner surface of a bottom portion of the housing and an innersurface
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`of a side wall portion of the housing; however, TAKAHIRA doesnot explicitly show the
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`structure being a light diffusing structure.
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`Additionally, TAKAHIRA doesnot explicitly show the transmittance of the
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`optical film for the wavelength-converted light is 80% or more andits transmittance for
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`the laser beam at a peak wavelength is 80% orless of its transmittancefor the
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`wavelength-converted light at a peak wavelength.
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`RAINS(see FIG.s 1-10) teachesa light diffusing structure (see 29 FIG. 1 and
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`‘diffuse reflectivity’ 1[0032], see 79 FIG. 4 and {[0075]) is disposed onat least part of
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`an innerwall of a housing (27 FIG.1) reflects the beam reflected byat least the optical
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`element (such as 26 FIG.1).
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`Therefore, it would have been obviousto one of ordinaryskills in the art before
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`the claimed invention waseffectively filed to incorporate a diffuse reflective structure,
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`such as taught by RAINS, with the illumination device of TAKAHIRA inorderto
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`improve the uniformityof illumination.
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`Furthermore, although TAKAHIRA doesnotexplicitly teach the 80%
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`transmittance, it would have been obviousto one of ordinaryskills in the art before the
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`
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`Application/Control Number: 17/045,390
`Art Unit: 2875
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`Page 4
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`claimed invention waseffectively filed that the film of TAKAHIRA isstructurally and
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`functionally equivalent to the claimed film and absent persuasive evidence that the
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`claimed 80%é is critical, any modification or alteration to have an optimal transmittance,
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`to perform the desired function according to a preferred application, is within the
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`ordinaryskills in the art.
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`Regarding claim 2, similar to the explanation above, it would have been obvious
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`to one of ordinaryskills in the art before the claimed invention waseffectively filed to
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`incorporate an optical film with optimal transmittance in accordanceto the preferred
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`application of the assembly, such that the transmittance of the optical film for the
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`wavelength-converted light is 90% or more,in order to achieve a desired efficiency of
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`the illumination.
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`Regarding claims 3-5, absent persuasive evidence that the type of the diffusing
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`structureis significant to the intended inventive subject matter, it would have been
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`obviousto one of ordinaryskills in the art before the claimed invention waseffectively
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`filed to utilize any known typeoflight diffusing structure, such as a light diffusion film
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`disposed on the innerwall, a set of aggregates of a transparent inorganicfiller, or a
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`convexo-concavestructure disposed on the inner wall, optimal for the illumination
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`desired for the application of the assembly.
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`Regarding claim 6, it would have been obvious to one of ordinary skills in the art
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`before the claimed invention waseffectively filed to pick an optimal roughnessfor the
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`convexo-concavestructuresof the light diffusing structure, such that the convexo-
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`concave structure includes a convexo-concave surface having a surface roughnessRaof
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`10 pm or more,in orderto achieve a preferred uniformity in diffusion in accordance to
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`the application of the assembly.
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`
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`Application/Control Number: 17/045,390
`Art Unit: 2875
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`Page 5
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`Regarding claim 7, RAINSfurther teachesthe light diffusing structure is a
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`concave surface (space in the housing) defined by a curved surface (such as FIG.s 3, 6-
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`10) of the innerwall.
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`The motivation to combine is sameasin claim 1 above.
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`Regarding claim 8, TAKAHIRA further discloses a light source which emits the
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`laser beam (see 1 FIG.1).
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`Conclusion
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`Theprior art madeof record andnotrelied upon is considered pertinent to
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`applicant's disclosure.
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`BEESON(US 2006/0203468), ANNEN (US 10060580), SHUM (US 8575642),
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`SIGNORETTO(US 10788190), HIKMET (US 10324247), NISHI(sameapplicant, US
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`10274138).
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Arman B. Fallahkhair whose telephone numberis 571-
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`272-7950. Examinerinterviewsare available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
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`interview, applicant may contact the examiner by the above phone number, by email at
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`arman.fallahkhair@uspto.gov or by use of the USPTO Automated Interview Requestat
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`uspto.gov/interviewpractice. If attempts to reach the examinerby telephone are
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`unsuccessful, the examiner’s supervisor, Raj Chakraborty can be reached on 571-272-
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`7242. The fax phone numberfor the organization where this application or proceeding
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`is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`
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`Application/Control Number: 17/045,390
`Art Unit: 2875
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`Page 6
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applicationsis 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 accessto 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
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`USPTO CustomerService Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/ARMAN B FALLAHKHAIR/
`Examiner, Art Unit 2875
`
`