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 .
This office action is responsive to the Request for Continued Examination, Amendment and Remarks filed 13 January 2026, wherein claim 21 was newly added. Subsequently, claims 1-10 and12-21 are pending and presently under consideration in this application.
Response to Arguments
Applicants have amended the base independent claim 1 as follows and argue that said amendment sufficiently distinguishes the liquid crystal medium of the present claims from that of the prior art of record:
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.
Response to Arguments
Applicant's arguments filed 13 January 2026 in response to the rejection of claims under 35 U.S.C. 103 over Hirschmann et al. (‘515) Hirschmann et al. and (2019/0390112), as respectively set forth in paragraphs 8 and 9 of the previous office action on the merits, said arguments to the effect that applicant’s amendment to the base independent claim 1 introducing a component (iii) comprising one or more compounds of formula III2-2, have been fully considered but they are not persuasive, and are moot since the new ground of rejection relies upon a secondary reference not applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Examiner notes that the compounds of the present formula III2-2 are well known in the liquid crystal art in and of themselves, as well as in combination with compounds of the present formulae IIB-2, IA, IB, and IC-1.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be 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.
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 1-10 and 12-20 are rejected under 35 U.S.C. 103 as being obvious over Hirschmann et al. (U.S. Patent No. 11,008,515) in view of Zhang et al. (Chinese Patent NO. CN 110922985 A; for applicant’s convenience the Examiner has included a machine translation thereof).
Hirschmann et al. discloses a liquid crystal medium, the corresponding method of preparation thereof said liquid crystal medium, as well as the corresponding use thereof said liquid crystal medium in a liquid crystal display, characterized in that said liquid crystal medium comprises:
a polymerizable component A) comprising one or more polymerizable compounds of the present formula M13, as generally represented therein by
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(column 53, line 47), wherein Table D (beginning in column 125+) of Hirschmann et al. shows example compounds inclusive of those of the present formula M13 which can preferably be used as reactive mesogenic compounds in the LC media in accordance with the present invention:
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140
704
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148
710
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130
729
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137
727
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146
723
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, and
a liquid-crystalline component B), comprising:
at least one compound inclusive of the compounds of the present formula IIB-2 as represented therein by
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(column 17, line 33),
at least one dibenzothiophene compound inclusive of the dibenzothiophene compounds of the present general formula IA , as well as each of the more specific formulae IA-1, IA-2 and IA-6 as recited in claim 2, as represented therein by
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117
435
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(column 40, line 62),
at least one compound inclusive of the compounds of the present general formula IB, as well as each of the more specific formulae IB-1/2, IB-3 and IB-4 as recited in claim 3, as respectively represented therein by
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123
390
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369
396
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(column 44, line 15+),
at least one compound of the present formula IC-1, as presented therein by
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72
292
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(column 33, line 40),
at least one compound of the present formula IC-2, as presented therein by
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64
299
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(column 33, line 45),
at least one compound of the present formula IC-5, as recited in claim 4, as presented therein by
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73
343
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(column 5, line 45),
at least one compound inclusive of the compounds of the present general formula II as recited in claim 5, well as the more specific formulae IIA, IIB, and IIC as recited in claim 6, as respectively represented therein by
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155
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(column 7, line 60)
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(column 8, line 40+),
at least one compound inclusive of the compound of the present formula IV, as recited in claim 7, as presented therein by
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87
430
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(column 29, line 55),
at least one compound inclusive of the compound of the present formula V, as recited in claim 8, as well as the compound of the present formula IV-16 as recited in claim 9, as presented therein by
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79
422
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(column 29, line 52),
at least one polymerizable compound inclusive of the polymerizable compound of the present formula M as recited in claim 10, as represented therein by
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34
519
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(column 50, line 65). However, Hirschmann et al. does not teach the inclusion of a compound of the present formula III2-2, as is now claimed.
Zhang et al. is relied upon for it’s teaching of a liquid crystal medium characterized by comprising a combination of:
at least one compound of the present formula III2-2, as represented therein by any one of
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470
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116
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, with
at least one compound of the present formula IIB-2, as represented therein by
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86
437
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(p. 6, and p. 58+) ;
at least one compound of the present formula IA, as represented therein by
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81
456
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(p. );
at least one compound of the present formula IB, as represented therein by
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76
489
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(p. 23);
at least one compound of the present formula IC-1, as represented therein by
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50
276
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(p. 20), and
at least one compound of the present formula IC-2, as represented therein by
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46
270
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(p. 20).
In fact Examples therein Zhang et al. expressly illustrate the combination of a compounds of the present formula III2-2, i.e., 1ONO1J, 2ONO1J, 3ONO1J, and 5ONO1J [ Examiner note: N =
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143
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, and J =
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; p. 48], with compounds of the present formula IA, i.e., 2ONO2 and 5ONO2, compounds of the present formula IIB-2, i.e., 3PWO2, compounds of the present formula IC-1, i.e., 3CCV, and compounds of the present formula IB, i.e., 3CLWO2 and 3CLWO3:
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324
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(p. 145),
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315
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(p. 150),
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317
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(p. 141),
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(p. 143).It would have been obvious to one of ordinary skill in the requisite art at the time the invention was filed include a compound of the present formula III2-2 as is now claimed with compounds of the present formulae IIB-2, IA, IB, IC-1 and IC-1, as taught in Zhang et al. in the liquid crystal medium of Hirschmann et al. characterized by similarly comprising compounds of with IIB-2, IA, IB, and IC-1 with compounds of the present formulae M-13, with reasonable expectations of achieving, absent object evidence to the contrary, the advantages taught therein, as well as those associated with the use of compounds of the present formula III2-2.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 1-10 and 12-20 are rejected under 35 U.S.C. 103 as being obvious over Hirschmann et al. (U.S. Patent Application Publication No. 2019/0390112) in view of Zhang et al. (Chinese Patent NO. CN 110922985 A; for applicant’s convenience the Examiner has included a machine translation thereof).
Hirschmann et al. discloses a liquid crystal medium, the corresponding method of preparation thereof said liquid crystal medium, as well as the corresponding use thereof said liquid crystal medium in a liquid crystal display, characterized in that said liquid crystal medium comprises:
a polymerizable component A) comprising one or more polymerizable compounds of the present formula M13, as generally represented therein by
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460
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([0288], p. 34), wherein Table D ([0322], p. 67+) shows example compounds inclusive of those of the present formula M13 which can preferably be used as reactive mesogenic compounds in the LC media in accordance with the present invention, i.e.,
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679
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124
676
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124
673
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130
690
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132
692
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134
677
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127
673
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101
675
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133
673
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100
681
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92
666
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98
680
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: and
a liquid-crystalline component B), comprising:
at least one compound inclusive of the compounds of the present formula IIB-2 as represented therein by
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([0079], p. 19),
at least one dibenzothiophene compound inclusive of the dibenzothiophene compounds of the present general formula IA , as well as each of the more specific formulae IA-1, IA-2 and IA-6 as recited in claim 2, as represented therein by
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([0060], p. 17),
at least one compound inclusive of the compounds of the present general formula IB, as well as each of the more specific formulae IB-1/2, IB-3 and IB-4 as recited in claim 3, as respectively represented therein by
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406
435
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([0170], p. 29),
at least one preferred compound of the present formula IC-1, as presented therein by
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83
389
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([0135], p. 25),
at least one preferred compound of the present formula IC-2, as presented therein by
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80
404
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([0135], p. 25),
at least one compound inclusive of the compounds of the present general formula II as recited in claim 5, well as the more specific formulae IIA, IIB and IIC as recited in claim 6, as respectively represented therein by
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297
414
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[0024], p. 2),
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403
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([0083], p. 19),
at least one compound inclusive of the compound of the present formula IV, as recited in claim 7, as presented therein by
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87
430
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([0123], p. 24),
at least one compound inclusive of the compound of the present formula V, as recited in claim 8, as well as the compound of the present formula IV-16 as recited in claim 9, as presented therein by
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79
422
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([0123], p. 24),
at least one polymerizable compound inclusive of the polymerizable compound of the present formula M as recited in claim 10, as represented therein by
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34
519
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([0266], p. 33).
Although Hirschmann et al. demonstrates multiple examples therein, i.e., Example P5 ([0347], p. 91), Example P14 ([0357], p. 92), Example P23 ([0367], p. 94), Example P32 ([0379], p. 95), and Example P41 ([0392], p. 97) which expressly illustrate the liquid crystal medium characterized by comprising a polymerizable compound of the present formula M13, as represented therein by
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114
429
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, wherein the mixtures containing said polymerizable compound of the present formula M13 comprise various combinations thereof the presently claimed compounds of formulae IIB-2, I1, IB, IC-1, IC-2, IIA, IIB, IIC, IID, III, IV, and V, Hirschmann et al. does not expressly illustrate a single liquid crystal medium comprising the combination of compounds contained in each of the polymerizable component and the liquid crystal component as is now claimed, or the additional inclusion of a compound of the present formula III2-2, as is now claimed.
Zhang et al. is relied upon for it’s teaching of a liquid crystal medium characterized by comprising a combination of:
at least one compound of the present formula III2-2, as represented therein by any one of
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80
470
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116
480
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93
482
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, with
at least one compound of the present formula IIB-2, as represented therein by
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86
437
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(p. 6, and p. 58+) ;
at least one compound of the present formula IA, as represented therein by
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81
456
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(p. );
at least one compound of the present formula IB, as represented therein by
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76
489
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(p. 23);
at least one compound of the present formula IC-1, as represented therein by
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50
276
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(p. 20), and
at least one compound of the present formula IC-2, as represented therein by
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46
270
media_image28.png
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(p. 20).
In fact Examples therein Zhang et al. expressly illustrate the combination of a compounds of the present formula III2-2, i.e., 1ONO1J, 2ONO1J, 3ONO1J, and 5ONO1J [ Examiner note: N =
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66
143
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, and J =
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50
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; p. 48], with compounds of the present formula IA, i.e., 2ONO2 and 5ONO2, compounds of the present formula IIB-2, i.e., 3PWO2, compounds of the present formula IC-1, i.e., 3CCV, and compounds of the present formula IB, i.e., 3CLWO2 and 3CLWO3:
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396
324
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(p. 145),
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320
315
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(p. 150),
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342
317
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(p. 141),
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323
322
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(p. 143).
It would have been obvious to one of ordinary skill in the requisite art at the time the invention was filed include a compound of the present formula III2-2 as is now claimed with compounds of the present formulae IIB-2, IA, IB, IC-1 and IC-2, as taught in Zhang et al. in the liquid crystal medium of Hirschmann et al. characterized by similarly comprising compounds of with IIB-2, IA, IB, and IC-1 with compounds of the present formulae M-13, with reasonable expectations of achieving, absent object evidence to the contrary, the advantages taught therein, as well as those associated with the use of compounds of the present formula III2-2.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Geraldina Visconti whose telephone number is (571)272-1334. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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, Mark F Huff can be reached at 571-272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GERALDINA VISCONTI
Primary Examiner
Art Unit 1737
/GERALDINA VISCONTI/Primary Examiner, Art Unit 1737