DETAILED ACTION
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 .
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 (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.
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.
Claim 10-12, 15-19, 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over Castellano (US 20040035491 A1) in view of Teutsch et al. (US 20150065958 A1).
Regarding Claim 10, Castellano discloses a device (Fig 21) for administering a fluid (degassed fluid; [0059]), comprising: a cylinder (cylinder 3026, Fig 21), including an open dispensing end (discharge nozzle 3020, Fig 21); a piston (piston 3007, Fig 22), which is displaceable in the cylinder (3026) between a front end position and a rear end position ([0060]; piston moves freely in a longitudinal direction) and is connected to a piston rod (connecting rod 3006, Fig 21) which, along a first direction (direction towards the rear end, Annotated Fig 1), protrudes from a rear end of the cylinder opposite the open dispensing end (fig. 21 shows connecting rod 3006 extend past rear end of cylinder 3026); a nonreturn valve (non-return valve 3019, Fig 21) closing the open dispensing end (3020); and a tensioning device (cam 3011, cam follower 3010 and motor 3004, Fig 21) connected to the piston rod (3006), wherein the tensioning device (3011 and 3004) can move the piston rod (3006) along the first direction (direction towards the rear end, Annotated Fig 1
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in a tensioning procedure until the piston (3007) is in its rear end position, thereby filling the cylinder (3026) with the fluid to be administered (degassed fluid) and to pretension the piston rod (3006) toward the open dispensing end (3020) ([0062]) and wherein the tensioning device (3011+3004+3010), when the piston (3007) is in its rear end position, can release the piston rod (3006) in a dispensing procedure such that, owing to the pretension which is present, the piston (3007) is moved counter to the first direction toward the open dispensing end (3020) and, in the process, fluid in the cylinder (3026) is dispensed via the nonreturn valve (3019) for administration ([0063]; Cam follower 3010 is released at letter C see Fig 26; piston rod and piston move toward dispensing end and fluid is dispensed), the tensioning device (3011+3004+3010) includes a ramp (cam 3011, Fig 21) which is rotatable via a motor (motor 3004, Fig 21), and a ramp track (cam 3011 profile, Fig 22) extending along a helical line (Fig 22), wherein the ramp track (Fig 26) ascends from a first plateau (101, Annotated Fig 2) along a region of inclination (102, Annotated Fig 2) to a second plateau (103, Annotated Fig 2) and descends from the second plateau (103) to the first plateau (101) via a transition flank (105), wherein the ramp track (cam 3011 profile ,Fig 26) includes a transfer region (104) connecting the second plateau (103) and the transition flank (1003), wherein the tensioning device (3011+3004+3010) includes a roller (follower 3010, Fig 21) which is in contact with the ramp track (cam 3011 profile, Fig 26) and which is mounted rotatably in a driver (1005, Annotated Fig 2), the driver (100, Annotated Fig 1) being connected to the piston rod (3006), and therefore, upon rotation of the ramp (3011) along a first rotation direction, the ramp track runs below the thus rotating roller (Fig. 26 shows cam follower 3010 position along ramp track), wherein, during the tensioning procedure, the ramp track (cam 3011 profile, Fig 22) is rotated along the first rotation direction such that the roller (3010) runs on the region of inclination (102) as far as the second plateau (1002) ([0062]) and the piston (3007) is thereby moved to its rear end position (Fig 21), wherein, during the dispensing procedure, starting from a contact of the roller (3010) with the second plateau (103), the ramp track (cam 3011 profile, Fig 22) is rotated along the first rotation direction until the roller (3010) runs over the transfer region (104) and, on account of the pretension, is accelerated toward the first plateau (101) and, as a result, the piston (3007) is moved toward the open dispensing end (3020), wherein the motor (3004) is connected to the ramp (3011) via a coupling (connection between the motor shaft and the cam, Fig 21-22), wherein, to rotate the ramp (3011), the coupling (motor shaft) transmits torque provided by the motor (3004), in the first rotation direction ([0063]).
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However, Castellano is silent regarding in the process, allows a motor to freewheel counter to the first rotation direction for at least a rotation angle range which corresponds to the transfer region.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) and a drive unit (not shown; [0075]) a first rotation direction (direction shown in Fig 25b) and a freewheel counter (freewheel experience by the driver when transitions as result of the rotational play, the drive unit will rotate freely with coupler 41 without causing rotation of the shaft 32, Fig 25b;[0155]) to the first rotation direction (direction shown in Fig 25b), the freewheel being configured such that the freewheel covers at least a rotation angle range (angle alpha; [0155]) which corresponds to a transfer region (gap between cam 43 and 34, Fig 25c).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the coupling of device of Castellano with the teaching of a coupling having a rotational play covering a rotation angle of a transfer region as taught by Teutsch for the purpose of having a lower initial load region before contact of the cam surfaces which reduces mechanical stress on the driver ([0075]).
Regarding Claim 11, Castellano/Teutsch discloses the device of claim 10. Castellano as modified with the teaching of Teutsch in claim 10 discloses wherein the coupling is configured such that the freewheel (rotational play, Fig 25b; [0155]; from Teutsch ) covers a rotation angle range (angle alpha; [0155] from Teutsch) which corresponds to no more than twice the transfer region (gap between cam 43 and 34, Fig 25c corresponds to the transfer region represented by angle alpha; [0155]; See Castellano modification of claim 10 with Teutsch teaching).
Regarding Claim 12, Castellano/Teutsch discloses the device of claim 11. Castellano discloses a coupling (connection between the motor 3004 shaft and the cam 3011, Fig 21-22) connecting the motor (3004) and the ramp (cam 3011) wherein the coupling comprises a first coupling part, which is connected to the motor (coupling between the cam 3011 and motor 3004 would require a first coupling structure to connect the shaft of the motor 3004), and a second coupling part (base of cam 3011, Fig 21-22), which is connected to the ramp (base of cam 3011 having the recess where the shaft and the first coupling part are inserted, base is integrally connected to cam 3011, See Fig 21-22). Castellano is silent wherein one of the first and second coupling parts includes a protruding engagement element and the other of the first and second coupling parts includes a recess into which the engagement element protrudes, and wherein an extent of the engagement element in the first rotation direction is smaller by at least the rotation angle range covering the transfer region than an extent of the recess in the first rotation direction.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) further comprising a first coupling part (coupler 41, Fig 25b), which is connected to a driving unit (driving unit; [0075]), and a second coupling part (shaft 32, Fig 25b), which is connected to a ramp (ramp 72,72’; [0111]), wherein one of the first and second coupling parts includes a protruding engagement element (plunger coupler 41 includes four protruding cams engagement 43, Fig 25b) and the other of the first and second coupling parts includes a recess (bore 322 of the shaft 32, Fig 25b) into which the engagement element protrudes (Fig 25b-c), and wherein an extent of the engagement element (43) in the first rotation direction (direction shown in Fig 25b) is smaller by at least the rotation angle range (angle alpha; [0155], Fig 25b) covering the transfer region (gap between cam 43 and 34, Fig 25c) than an extent of the recess (bores 322, Fig 25b) in the first rotation direction (direction shown in Fig 25b) ([0155]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the first and second coupling parts of device of Castellano with the teaching of a first coupling having protrusions to engage in a bore of a second part connected to the ramp; the coupling having rotational play covering a rotation angle of a transfer region as taught by Teutsch for the purpose of friction reduction during displacement and having a lower initial load region before contact when the drive unit is switching direction ([0075]; [0153])
Regarding Claim 15, Castellano/Teutsch discloses the device of claim 12. Castellano is silent wherein the engagement element is a web.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) including protruding engagement element (protruding engagement 43, Fig 25b) wherein the engagement element is a web (engagement cams 43 are a web; See Fig 25b-c).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the coupling of device of Castellano with teaching of web like shape formed by the four engaging elements as taught by Teutsch for efficiently transmitting a rotational torque from the plunger coupler to the plunger ([0087])
Regarding Claim 16, Castellano/Teutsch discloses the device of claim 12. Castellano as modified with the teaching of Teutsch discloses wherein the first coupling part (plunger coupler 41; from Teutsch) includes the engagement element (four protruding cams engagement 43, Fig 25b; from Teutsch see modification of claim 12)
Regarding Claim 17, Castellano/Teutsch discloses the device of claim 12. Castellano discloses wherein the ramp (3011) comprises a base (base of 3011 having a recess, Fig 21-22) as the second coupling part (coupling between the cam and motor would require a first coupling part to connect the shaft to the motor and a second coupling part, base of cam 3011, having the recess where the shaft and the first coupling part are inserted, See Fig 21-22) and wherein the recess (recess of cam 3011) is formed in the base (recess is located in the base of cam 3011, See Fig 21-22).
Regarding Claim 18, Castellano/Teutsch discloses the device of claim 12. Castellano is silent regarding wherein one of the first and second coupling parts comprises a plurality of protruding engagement elements which are spaced apart from one another in the first rotation direction, and the other of the first and second coupling parts comprises a plurality of recesses into which the plurality of protruding engagement elements protrude, wherein an extent of each engagement element in the first rotation direction is smaller by at least the rotation angle range covering the transfer region than an extent of the corresponding recess in the first rotation direction.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) wherein one of the first and second coupling parts comprises a plurality of protruding engagement elements (plunger coupler 41 includes four protruding cams engagement 43, Fig 25b ) which are spaced apart from one another in the first rotation direction (direction shown in Fig 25b), and the other of the first and second coupling parts comprises a plurality of recesses (shaft 32 includes bores 322, Fig 25b) into which the plurality of protruding engagement elements (43) protrude, wherein an extent of each engagement element (43) in the first rotation direction (direction shown in Fig 25b) is smaller by at least the rotation angle range (angle alpha) covering the transfer region (gap between cam 43 and 34, Fig 25c) than an extent of the corresponding recess (322) in the first rotation direction (direction shown in Fig 25b) ([0087]; [0155]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the coupling of device of Castellano with the teaching of a coupling comprising a first coupling part having a plurality protrusions spaced apart in the first direction to engage in a plurality of bores of a second part connected to the ramp; the coupling having rotational play covering a rotation angle of a transfer region as taught by Teutsch for the purpose of friction reduction during displacement and having a lower initial load region before contact when the drive unit is switching direction ([0075]; [0153]).
Regarding Claim 19, Castellano/Teutsch discloses the device of claim 10. Castellano discloses wherein the coupling (connection between the motor 3004 shaft and the cam 3011, Fig 21-22) comprises a first coupling part, which is connected to the motor (coupling between the cam 3011 and motor 3004 would require a first coupling structure to connect the shaft of the motor 3004), and a second coupling part, which is connected to the ramp (base of cam 3011 having the recess where the shaft and the first coupling part are inserted, See Fig 21-22). Castellano is silent wherein one of the first and second coupling parts comprises a protruding engagement element and the other of the first and second coupling parts comprises a recess into which the engagement element protrudes, wherein an extent of the engagement element in the first rotation direction is smaller by at least the rotation angle range covering the transfer region than an extent of the recess in the first rotation direction.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) comprises a first coupling part (plunger coupler 41, Fig 25b), which is connected to a driving unit (driving unit; [0075]), and a second coupling part (shaft 32, Fig 25b), which is connected a ramp (ramp 72,72’; [0111]), wherein one of the first and second coupling parts comprises a protruding engagement element (plunger coupler 41 includes four protruding cams engagement 43, Fig 25b ) and the other of the first and second coupling parts comprises a recess (shaft 32 includes bores 322, Fig 25b) into which the engagement element protrudes (43), wherein an extent of the engagement element (43) in the first rotation direction (direction shown in Fig 25b) is smaller by at least the rotation angle range (angle alpha) covering the transfer region (gap between cam 43 and 34, Fig 25c) than an extent of the recess (322) in the first rotation direction (direction shown in Fig 25b).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the coupling of device of Castellano with the teaching of a coupling comprising a first coupling connected having a plurality protrusions to engage in a plurality of bores of a second part connected to the ramp; the coupling having rotational play covering a rotation angle of a transfer region as taught by Teutsch for the purpose of friction reduction during displacement and having a lower initial load region before contact when the drive unit is switching direction ([0075]; [0153])
Regarding Claim 22, Castellano/Teutsch discloses the device of claim 19. Castellano is silent wherein the engagement element is a web.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) including protruding engagement element (protruding engagement 43, Fig 25b) wherein the engagement element is a web (engagement cams 43 is a web; See Fig 25b-c).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the coupling of device of Castellano with teaching of web like shape formed by the four engaging elements as taught by Teutsch for efficiently transmitting a rotational torque from the plunger coupler to the plunger ([0087])
Regarding Claim 23, Castellano/Teutsch discloses the device of claim 19. Castellano as modified with the teaching of Teutsch discloses wherein the first coupling part (plunger coupler 41; from Teutsch) includes the engagement element (four protruding cams engagement 43, Fig 25b; from Teutsch see modification of claim 19)
Regarding Claim 24, Castellano/Teutsch discloses the device of claim 19. Castellano discloses wherein the ramp (3011) comprises a base (base of 3011 having a recess, Fig 21-22) as the second coupling part (coupling between the cam 3011 and motor 3004 would require a first coupling part to connect the shaft to the motor 3004 and a second coupling, the base of cam 3011 having the recess where the shaft and the first coupling part are inserted, See Fig 21-22) and wherein the recess is formed in the base (recess in the base of cam 3011, See Fig 21-22).
Regarding Claim 25, Castellano/Teutsch discloses the device of claim 19. Castellano is silent wherein one of the first and second coupling parts comprises a plurality of protruding engagement elements which are spaced apart from one another in the first rotation direction, and the other of the first and second coupling parts comprises a plurality of recesses into which the engagement elements protrude, wherein an extent of each engagement element in the first rotation direction is smaller by at least the rotation angle range covering the transfer region than an extent of the corresponding recess in the first rotation direction.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) wherein one of the first and second coupling parts comprises a plurality of protruding engagement elements (plunger coupler 41 includes four protruding cams engagement 43, Fig 25b ) which are spaced apart from one another in the first rotation direction (direction shown in Fig 25b) and the other of the first and second coupling parts comprises a plurality of recesses (shaft 32 includes bores 322, Fig 25b) into which the engagement elements (43) protrude, wherein an extent of each engagement element (43) in the first rotation direction (direction shown in Fig 25b) is smaller by at least the rotation angle range (angle alpha) covering the transfer region (gap between cam 43 and 34, Fig 25c) than an extent of the corresponding recess (322) in the first rotation direction (direction shown in Fig 25b) ([0087]; [0155]).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the coupling of device of Castellano with the teaching of a coupling comprising a first coupling part having a plurality protrusions spaced apart in the first direction to engage in a plurality of bores of a second part connected to the ramp; the coupling having rotational play covering a rotation angle of a transfer region as taught by Teutsch for the purpose of friction reduction during displacement and having a lower initial load region before contact when the drive unit is switching direction ([0075]; [0153]).
Claims 13-14 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Castellano (US 20040035491 A1) in view of Teutsch et al. (US 20150065958 A1) in further view of Chambrion et al. (US 20120247914 A1).
Regarding Claim 13, Castellano/Teutsch discloses the device of claim 12. Castellano as modified with Teutsch disclose a side surface of the engagement element (side surfaces of cams engagement 43, Fig 25b-c from Teutsch) and a side surface of the recess (side surfaces of bores 322, Fig 25b-c from Teutsch) facing each other in the first rotation direction (shown in Fig 25b). However, Castellano/Teutsch are silent wherein a spring is arranged between a side surface of the engagement element and a side surface of the recess.
Chambrion teaches a device (clutching device, Fig 6-10) comprising a spring (compression spring 52, [0049]; Fig 6-10) is arranged between a side surface (108, Annotated Fig 3) of the engagement element (engagement element of hub 40; [0065], Fig 6-10) and a surface side of the recess (side surface 107 of recess 106 of the flange 38; [0065], Fig 6-10).
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Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the engagement element and recess of device of Castellano/Teutsch with the teaching of compression spring between the side surfaces of the engaging part and recess as taught by Teutsch for the purpose of providing dampening between the side faces ([0049]; [0054]).
Regarding Claim 14, Castellano/Teutsch/Chambrion the device of claim 13 wherein the spring is a compression spring (spring of Castellano/Teutsch/Chambrion as modified in claim 13 with the teaching of Chambrion is a compression spring; [0049] from Chambrion; See modification of claim 13).
Regarding Claim 20, Castellano/Teutsch discloses the device of claim 19. Castellano as modified with Teutsch disclose a side surface of the engagement element (side surfaces of cams engagement 43, Fig 25b-c from Teutsch) and a side surface of the recess (side surfaces of bores 322, Fig 25b-c from Teutsch) facing each other in the first rotation direction (shown in Fig 25b). However, Castellano/Teutsch are silent wherein a spring is arranged between a side surface of the engagement element and a side surface of the recess.
Chambrion teaches a device (clutching device, Fig 6-10) comprising a spring (compression spring 52, [0049]; Fig 6-10) is arranged between a side surface (side by clutch hub 40; [0065], Fig 6-10) of the engagement element (engagement element of hub 40) and a surface side (side surface of clutch flange 38, [0065], Fig 6-10) of the recess (recess between side surfaces of the flange 38), said side surfaces facing each other in the first rotation direction (Fig 6).
Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the engagement element and recess of device of Castellano/Teutsch with the teaching of compression spring between the side surfaces of the engaging part and recess as taught by Teutsch for the purpose of providing dampening between the side faces ([0049]; [0054]).
Regarding Claim 21, Castellano/Teutsch/Chambrion discloses the device of claim 20 wherein the spring is a compression spring (spring of Castellano/Teutsch/Chambrion as modified in claim 20 with the teaching of Chambrion is a compression spring [0049] from Chambrion; See modification of claim 20).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Castellano (US 20040035491 A1) in view of Teutsch et al. (US 20150065958 A1) in further view of Balkenbush et al. (US 20190365567 A1).
Regarding Claim 26, Castellano/Teutsch discloses the device of claim 10. Castellano/Teutsch are silent wherein the transfer region is curved.
Balkenbush teaches a device comprising a ramp (rotating cam 2769, Fig 4I-K) which is rotatable via a motor motor 2756, Fig 4D) the ramp further comprising a curved transfer region (Annotated Fig 4).
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Therefore, it would be prima facie obvious, before the effective filing date of the present invention, to modify the device of Castellano/Teutsch with similar curved transfer region as taught by Balkenbush for the purpose of smooth the transition at the ledge ([0157]).
Response to Arguments
Applicant's arguments filed 07/24/2025 have been fully considered but they are not persuasive. Applicant submits that Teutsch does not teach the freewheeling of the motor but rather a rotational from one direction to the opposite direction with play allowed between the cams.
Examiner respectfully disagrees. The combination of Castellano (US 20040035491 A1) in view of Teutsch et al. (US 20150065958 A1) discloses the claimed functional limitation of freewheel of the motor. The motor of Castellano is structurally capable of freewheeling; however, when assembled in device of Castellano, its shaft is directly connected to the cam 3011 without any recitation of rotational clearance or play. Therefore rotation of the motor will always be accompanied by rotation of coupled driving mechanism. Therefore, Castellano discloses all limitations of claim 1, but is silent regarding in the process, allows a motor to freewheel counter to the first rotation direction for at least a rotation angle range which corresponds to the transfer region.
Teutsch teaches a device (dosing unit embodiment of Fig 25b-c) comprising a coupling (plunger coupler 41 + shaft 32, Fig 25b-c) and a drive unit (not shown; [0075]) a first rotation direction (direction shown in Fig 25b) and a freewheel counter (freewheel experience by the driver when transitions as result of the rotational play, the drive unit will rotate freely with coupler 41 without causing rotation of the shaft 32, Fig 25b;[0155]) to the first rotation direction (direction shown in Fig 25b), the freewheel being configured such that the freewheel covers at least a rotation angle range (angle alpha; [0155]) which corresponds to a transfer region (gap between cam 43 and 34, Fig 25c).
When the device of Castellano is modified with the necessary coupling structure that allows freewheeling of the driver as result of the rotational play between the cams as taught by Teutsch, the motor in the coupling assembly of device of Castellano/Teutsch as modified is capable of freewheeling as result of rotational play.
Applicant’s arguments with respect to claim 26 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUILLERMO G PAZ ESTEVEZ whose telephone number is (703)756-5951. The examiner can normally be reached Monday- Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached on (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GUILLERMO G PAZ ESTEVEZ/ Examiner, Art Unit 3783
/Lauren P Farrar/ Primary Examiner, Art Unit 3783