Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Current application, US Application No. 17/360,423, is filed on 06/28/2021.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/19/2025 has been entered.
DETAILED ACTION
This office action is responsive to the amendment filed on 12/19/2025. Claims 1-2, 4-11 and 13-20 are currently pending. Claims 3, 12 and 21-28 are canceled per applicant’s request.
Response to Amendment
Applicant's amendment to the claims is entered into further examination and appreciated by the examiner.
Response to Arguments/Remarks
Regarding remarks on the objections to the claim, the amendment could not cure all the informalities. Therefore, the objections are maintained. See the updated objections below.
Regarding arguments on the rejections under 35 USC 112(a) and 112(b), the amendment is accepted and the previous rejections are withdrawn.
Regarding arguments on the rejections under 35 USC 103, applicant’s arguments have been considered but are moot in view of new ground of rejections necessitated by the amendment because the arguments do not apply to the combined prior art in view of new reference, Audebert (US 20170176615 A1) or Gjøystdal (Gjøystdal, Håvar, and et al. "Review of ray theory applications in modelling and imaging of seismic data." Studia geophysica et geodaetica 46, no. 2 (2002): 113-164), being used in the current rejection. See the updated office action below.
Claim Objections
Claims 4, 7 and 16 are objected to because of the following informalities:
As per claim 4, the equation
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should be replaced with
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because variable x is not defined, but
∆
x
is defined instead.
As per claims 7 and 16, the variables,
t
0
,
t
,
a
n
d
p
a
n
d
∆
x
are not defined. Please specify them. Appropriate correction is required.
Claim Interpretation – 35 USC 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The current application includes limitations in claim 11 that do not use the word “means,” but are nonetheless interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because of the following reasons:
Claim 11 include a limitation/element that use generic placeholders, “an information handling system” that is coupled with functional language, “identify” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
The physical structure of “an information handling system” is interpreted as a general computing system/unit (See spec. an information handling system 144 may be a component of the display and storage unit 120, a personal computer, microprocessor, central processing unit [0021, Fig. 1]).
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation to avoid it being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 103
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.
Claims 1-2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Merciu (US 20170350999 A1) in view of Guedes (US 20210247538 A1) and Audebert (US 20170176615 A1), hereinafter ‘Aude”.
As per claim 1, Merciu discloses
A method for logging (well integrity logging using … acoustic methods requires logging operation [0020], method … include … a logging tool [0046]) comprising:
disposing an acoustic logging tool into a wellbore, (tools inside casing, insonifies the casing with an acoustic wave [0014], casing in an … wellbore [0031], logging tool … arranged for deployment within the … pipe via wireline or LWD system [0040] logging … system within a tubing [0056, Fig. 1])
wherein the acoustic logging tool comprises a transmitter and a receiver, wherein the transmitter and the receiver are titled at an angle with respect to a longitudinal axis of the acoustic logging tool; (including an angled acoustic transmitter for exciting a flexural wave in the first pipe layer , and angled acoustic receivers spaced apart along the tool [abs, 0032, 0093, Fig. 2, 3a-3h and 9], angled transmitter [0070, Fig. 2, 3a-3h and 9], showing tilted transmitter and receivers)
insonifing a pipe string within the wellbore with the transmitter to produce a flexural wave (transmitter … for exciting a flexural wave in the … pipe [abs], inside casing, insonifies the casing with an acoustic wave [0014], insonify the casing [0016-0018, 0041], insonifying a flexural wave)
recording the flexural wave with the receiver as one or more traces; (transducer therefore excites a flexural wave in the casing by insonifying the casing [0017], receiving acoustics generated by the flexural wave [0018], waveforms recorded downhole by sonic tools [0023], recording system [0056, Fig. 1], flexural receiver [0073])
computing a travel time of the flexural wave; (flexural mode … travel [0013], flexural wave … traveling [0084], amplitudes received over time at each of the five receivers [0066, Fig. 11], flexural receiver [0073], second flexural wave [0084, Fig. 3], interface echo, near receiver, far receiver, time axis [0087, Fig. 4], set of amplitudes recorded by each of the five receivers over time [0096, Fig. 11], implying a travel time can be computed from the signal plot)
However, Merciu is not explicit on calculating the travel time of the flexural wave and is silent regarding forming an image of a material behind a pipe string based at least in part on the travel time of the flexural wave.
Guedes discloses calculating the travel time of the flexural wave (travel-time [0073, 0082, 0098]) and derive image of a material behind a pipe string using the arrival time of the waveform (the arrival time of the reflected wavefront, derive of the image of the casing, cement-casing interface, cement bonding [0127], determining material state of the annulus; determining an acoustic property of the formation; and/or imaging formation texture and/ or features , and for instance identifying a vug or fracture of the formation based on the image [0172]).
Guedes is in the same art of using an acoustic tool in the borehole to detect the integrity of a pipe string ( [0001-0002, 0004]) as the primary reference, Merciu.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of Merciu in view of Guedes to explicitly recite calculating the travel time of the flexural wave and form an image of a material behind a pipe string based at least in part on the travel time of the flexural wave for an accurate determination of the material condition behind the pipe string in the wellbore (Merciu - material behind the casing may be completely unknown. The location of the cement might not be accurately recorded and the cement can be deteriorated [0011], more accurately discriminate different cement bond conditions including identification of acceptable microannuli [0016], a more accurate characterisation of the second pipe layer [0031]).
However, the combined prior art is silent regarding “migrating one or more traces” and “forming an image of a material behind a pipe string based at least in part on migration of the one or more traces by placing one or more traces side by side”.
Aude discloses migrating one or more traces and generate seismic images based in part on migration of the one or more traces by placing one or more traces side by side (seismic imaging, acoustic waves, seismic traces [0003], velocity model, migration from dv(t) to dv(z) [0026-0027, Fig. 3, step f], seismic trace portions put side by side … determining a correction factor for the current velocity model [0057, Fig. 8], velocity model is initially determined in … 3D imaging technique, seismic trace … is then migrated into the velocity model, migration … transforming data represented in a time scale into data positioned on a depth scale, migrated mages [0060-0061], use known techniques of correlation between seismic traces [0081, Fig. 8], showing … the seismic image processing method [0058, Fig. 9], time scale, into the depth scale, to transform it by migration [0083], a transformation to the depth scale, attribute migration [0084]).
Aude is in the same field of the processing of seismic images using acoustic waves recorded in the form of seismic traces (See Aude – [0002-003]) like the combined prior art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Aude to migrate one or more traces and form an image of a material behind a pipe string based at least in part on the travel time of the flexural wave and migration of the one or more traces by placing one or more traces side by side with a rationale for an accurate determination of the material condition behind the pipe string in the wellbore.
As per claim 2, Merciu, Guedes and Aude discloses claim 1 set forth above.
Merciu further discloses recording the plurality of flexural waves at a plurality of locations by a plurality of receivers disposed on the acoustic logging tool. (receiving acoustics generated by the flexural wave [0018], receivers … for obtaining … echo data [0026, 0032], recording system [0056, Fig. 1], flexural receiver [0073], receivers … spaced apart along the tool [abs, 0026]).
As per claim 11, Merciu discloses
A system for logging (A logging system [abs, 0001, 0025]) comprising:
an acoustic logging tool comprising: one or more transmitters (a logging tool including an … acoustic transmitter [abs]) for insonifing a pipe string within a wellbore (logging tool has … acoustic transducers including a transducer for insonifying the casing [0018]) to produce a flexural wave (flexural wave(s) [0084, Fig. 3f]),
wherein the one or more transmitters are titled at an angle with respect to a longitudinal axis of the acoustic logging tool; (including an angled acoustic transmitter for exciting a flexural wave in the first pipe layer, and angled acoustic receivers spaced apart along the tool [abs, 0032, 0093, Fig. 2 and 9])
and one or more receivers configured to record a plurality of flexural waves as one or traces (transducer therefore excites a flexural wave in the casing by insonifying the casing [0017], receiving acoustics generated by the flexural wave [0018], receivers … for obtaining … echo data [0026, 0032], recording system [0056, Fig. 1], flexural receiver [0073]),
wherein the one or more receivers are titled with respect to an axis of the acoustic logging tool; (angled acoustic receivers spaced apart along the tool [abs, 0032, 0093, Fig. 2, 3a-3h and 9], angled transmitter [0070, Fig. 2, 3a-3h and 9], showing tilted transmitter and receivers)
and an information handling system (computer apparatus [0051]) configured to:
compute a travel time of the flexural wave; (flexural mode … travel [0013], flexural wave … traveling [0084], amplitudes received over time at each of the five receivers [0066, Fig. 11], flexural receiver [0073], second flexural wave [0084, Fig. 3], interface echo, near receiver, far receiver, time axis [0087, Fig. 4], set of amplitudes recorded by each of the five receivers over time [0096, Fig. 11], implying a travel time can be computed from the signal plot)
However, Merciu is not explicit on calculating the travel time of the flexural wave and is silent regarding forming an image of a material behind a pipe string based at least in part on the travel time of the flexural wave.
Guedes discloses calculating the travel time of the flexural wave (travel-time [0073, 0082, 0098]) and derive image of a material behind a pipe string using the arrival time of the waveform (the arrival time of the reflected wavefront, derive of the image of the casing, cement-casing interface, cement bonding [0127], determining material state of the annulus; determining an acoustic property of the formation; and/or imaging formation texture and/ or features , and for instance identifying a vug or fracture of the formation based on the image [0172]).
Guedes is in the same art of using an acoustic tool in the borehole to detect the integrity of a pipe string ( [0001-0002, 0004]) as the primary reference, Merciu.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of Merciu in view of Guedes to explicitly recite calculating the travel time of the flexural wave and form an image of a material behind a pipe string based at least in part on the travel time of the flexural wave for an accurate determination of the material condition behind the pipe string in the wellbore.
However, the combined prior art is silent regarding “migrate one or more traces” and “form an image of a material behind a pipe string based at least in part on migration of the one or more traces by placing one or more traces side by side”.
Aude discloses migrating one or more traces and generate seismic images based in part on migration of the one or more traces by placing one or more traces side by side (seismic imaging, acoustic waves, seismic traces [0003], velocity model, migration from dv(t) to dv(z) [0026-0027, Fig. 3, step f], seismic trace portions put side by side … determining a correction factor for the current velocity model [0057, Fig. 8], velocity model is initially determined in … 3D imaging technique, seismic trace … is then migrated into the velocity model, migration … transforming data represented in a time scale into data positioned on a depth scale, migrated mages [0060-0061], use known techniques of correlation between seismic traces [0081, Fig. 8], showing … the seismic image processing method [0058, Fig. 9], time scale, into the depth scale, to transform it by migration [0083], a transformation to the depth scale, attribute migration [0084]).
Aude is in the same field of the processing of seismic images using acoustic waves recorded in the form of seismic traces (See Aude – [0002-003]) like the combined prior art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Aude to migrate one or more traces and form an image of a material behind a pipe string based at least in part on the travel time of the flexural wave and migration of the one or more traces by placing one or more traces side by side with a rationale for an accurate determination of the material condition behind the pipe string in the wellbore.
Claims 8-10 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Merciu, Guedes and Aude in view of Willhoit (US 5671136 A).
As per claims 8 and 17, Merciu, Guedes and Aude discloses claims 1 and 11 set forth above.
Merci is silent regarding forming a final stacked trace from the one or more traces.
Willhoit discloses from a … stacked trace summing single-fold traces (Stacking is the term given to the summing together of single-fold ‘i.e., no stacking performed’ traces to form a higher signal-to-noise-level stacked trace [col 17 line 47-29])
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Willhoit to form a final stacked trace from the one or more traces for an accurate determination of the material condition behind the pipe string in the wellbore.
As per claims 9 and 18, Merciu, Guedes, Aude and Willhoit disclose claims 8 and 17 set forth above.
Merciu discloses analyzing the condition of pipe in the wellbore using flexural waves (flexural waves [abs, 0017], flexural … transducer [0018], flexural modes [0013]), but is silent regarding performing a pre-stack gather, a migration, and a final stacked trace on the plurality of flexural waves.
Willhoit further discloses performing a pre-stack gather, a migration, and a final stacked trace on sound waves related to shear moduli (pre-tack ‘CMP gather’ [col 21 line 30-36], three-dimensional stacked profile, three-dimensional migration [col 3 line 65 - col 4 line 6], final stack traces [col 21 line 18], sound waves, shear moduli [col 3 line 19-22]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Willhoit to perform a pre-stack gather, a migration, and a final stacked trace on the plurality of flexural waves for an accurate determination of the material condition behind the pipe string in the wellbore.
As per claims 10 and 19, Merciu, Guedes, Aude and Willhoit disclose claims 9 and 18 set forth above.
Willhoit further discloses forming a three-dimensional image of the are under-ground using the final stacked trace. (final stack traces [col 21 line 18], three-dimensional images of buried objects [abs], still images and 3D animations [col 30 line 55-59]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Willhoit to form a three-dimensional image of the material behind the pipe string using the plurality of flexural waves for an accurate determination of the material condition behind the pipe string in the wellbore.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Merciu, Guedes, Aude and Willhoit in view of Patrick (BR 9904428 B1).
As per claim 20, Merci and Willhoit disclose claim 19 set forth above.
Merciu discloses analyzing the condition of the pipe in the wellbore.
Willhoit discloses forming the three-dimensional image the three-dimensional image of under-ground.
However, the set forth combined prior art is silent regarding form the three-dimensional image for a plurality of depths in a wellbore.
Patrick discloses showing the three-dimensional image for a plurality of depths below ground (Figure 4 shows … different points of below ground … depth-migrated 3D image [pg. 5 line 10-14]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time when invention is filed before the effective filing date of the current application to modify the teachings of the combined prior art in view of Patrick to form the three-dimensional image of the material behind the pipe string for a plurality of depths in a wellbore for an accurate determination of the material condition behind the pipe string in the wellbore.
Allowable Subject Matter
Claims 4-7 and 13-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: As per claims 4 and 13, the closest prior art of record, Merciu, Guedes and Aude, either singularly or in combination, fail to anticipate or render obvious limitations “the travel time is found utilizing
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, where dstandoff is a distance of a transmitter from the pipe string, dcement is a material thickness, Bo is a phase angle of a primary flexural mode, 01 is a phase angle of a secondary flexural mode, VPfluid is a compressional wave velocity of a fluid in the pipe string, VPcement is a compressional wave velocity in the material behind the pipe string, and vssteel is a shear wave velocity in the pipe string,
∆
x
is offset between the two or more receivers, and vscement is a shear wave velocity of the material”.
As per claims 5 and 14, the closest prior art of record, Merciu, Guedes and Aude, either singularly or in combination, fail to anticipate or render obvious limitations “the travel time is computed utilizing
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, where dstandoff is a distance of a transmitter from the pipe string, dcement is a material thickness, θo is a phase angle of a primary flexural mode, θ2 is a phase matching angle of a secondary flexural mode when a P wave velocity of the material is more than a phase velocity of a flexural wave in the pipe string, VPfluid is a compressional wave velocity of a fluid in the pipe string, VPcement is a compressional wave 15Attorney Docket No.1560-126200 [2021-INV-110331-USO1]velocity in the material behind the pipe string, and vssteel is a shear wave velocity in the pipe string,
∆
x
is offset between the two or more receivers, and Vscement is a shear wave velocity of the material behind the pipe string”.
As per claims 6-7 and 15-16, claims would be also allowable because the base claims 5 and 14 would be allowable.
Notes with regard to Prior Art
The prior arts made of record are also considered pertinent to applicant's disclosure.
Gjøystdal (Gjøystdal, Håvar, and et al. "Review of ray theory applications in modelling and imaging of seismic data." Studia geophysica et geodaetica 46, no. 2 (2002): 113-164) also discloses migrating one or more traces and generate seismic images based in part on migration of the one or more traces by placing one or more traces side by side (imaging of seismic data [title, pg. 115 par 1-4, Fig. 1, pg. 135 par 3 – pg. 144 par 1], 3D seismic ray modeling, depth migration [abs], seismic ray tracing [pg. 116 par. 3], the rays are situated side by side [pg. 120 par 2], depth migration and ray theory, all Kirchhoff migration techniques [pg. 135 par. 3 – pg. 137 par. 1], travel time and imaging, several traces are migrated [pg. 137 par. 2-3, Fig. 17]).
Sinha (US 20140043938 A1) discloses (first and second flexural wave velocities for different wavenumbers [abs, 0066, 0068, claims 1, 3, 6 and 10]).
Wang (Wang, Chun H., James T. Rose, and Fu-Kuo Chang. "A synthetic time-reversal imaging method for structural health monitoring." Smart materials and structures 13, no. 2 (2004): 415) discloses (the temporal … focusing, flexural waves [abs], time-of-flight, arrival time of echo [pg. 415 right col par 2 – pg. 416 left col par 1], theoretical approach of time reversal [pg. 418 right col par 1 from the bottom – pg. 420 left col par 2 from the bottom], synthetic time-reversal imaging method, time-of-arrival of the tone-burst, relative time delays, Tmax, δTi, pitch-catch mode as well as pulse-echo mode, time-shifted in accordance to equation (21) [pg. 420 left col par 1 – pg. 421 right col par 1]).
Han (US 20190317234 A1) discloses forming a final stacked image from the one or more traces (the feature trace of a gather can be generated by stacking or summing the traces in that gather [0017], feature trace … for gather is generated by stacking the 10 traces [0021], the enhanced traces in a same gather are stacked to form a final migrated seismic image [0022]).
Tan (US 20110288831 A1) discloses prestack migration to traces and stack them to form a final image (‘prestack’ migration techniques are applied to the individual … traces and the migrated results are then stacked to from the final image [0060]).
Blias (US 20090185449 A1) discloses forming a final stacked trace from the one or more traces (To calculate the final trace for each depth we stack all traces [0032]).
Lemarenko (US 20220146701 A1) discloses forming an image of a material behind a pipe string based at least in part on the travel time of the flexural wave. (produces a well log view image using the flexural measurements that includes flexural waveforms in a plurality of positions versus time [0005], discriminate between different materials that may be located in the annulus between the casing and the wellbore [0026], plotted on a graph over time or on an image showing the waveforms vs time [0036]-0037, function of time, well log views from different azimuth and/or time [0044, Fig. 4])
Froelich (GB 2399411 A) discloses (an acoustic (ultrasonic) transmitter T and receiver R spaced apart and aligned at an angle from the normal to the wall of the casing, in a pitch-catch arrangement, flexural wave [abs]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS KAY whose telephone number is (408)918-7569. The examiner can normally be reached on M, Th & F 8-5, T 2-7, and W 8-1.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an 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, Arleen M Vazquez can be reached on 571-272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS KAY/Primary Examiner, Art Unit 2857