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 .
Election/Restriction
Applicant's election with traverse of Species-A (reply filed 12-1-25) is acknowledged. Traversal is on the grounds that Species-B is the same embodiment as Species-A -- which is persuasive. Applicant elected Species-A (Fig7 Fig11). Species-C, D, E, and F are nonelected. Claims readable on the elected species are 1-3, 5-14, and 16-17. Claims 4 and 15 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species(s).
Claim Objections
Claims 5 and 7-8, 10, 12, and 16-17 are objected to because of the following informalities:
●claim 5: “part” should be inserted after “main body” (Ln4 -- twice recited)
●claim 5: “at least one” should be inserted before “protrusion” (Ln6)
●claim 5: “a” should be inserted before “bottom” (Ln6)
●claim 7: “a peripheral side wall” (Ln8) should be amended to read “the peripheral side
wall” which is previously recited in claim 7 at line 6
●claim 8: “the part of the inner cavity of the receiving seat,” (Lns6-7 -- the second
recitation of this phrase in the claim) should be deleted as it is a repeat of the same recited in lines 5-6
●claim 10: “an” (Ln3) should be amended to read “the”
●claim 12: “at least one” should be inserted before “protrusion” (Ln6)
●claim 12: “a” should be inserted before “bottom” (Ln6)
●claim 16: “part” should be inserted after “main body” (Ln4 -- twice recited)
●claim 16: “at least one” should be inserted before “protrusion” (Ln6)
●claim 16: “a” should be inserted before “bottom” (Ln6)
●claim 17: “part” should be inserted after “main body” (Ln4 -- twice recited)
●claim 17: “at least one” should be inserted before “protrusion” (Ln6)
●claim 17: “a” should be inserted before “bottom” (Ln6).
Claim Interpretation
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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:
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;
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
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) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
●heating member configured for heating the oil guide member: claims 1, 6, and 11
●oil absorbing member configured to absorb un-atomized liquid that is to be atomized
on the atomizing surface: claim 10
●battery assembly provides electricity (“electrically coupled” -- claim 11) to the heating
member: claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly
claiming the subject matter which the applicant regards as his invention.
Claims 5, 7-12, and 16-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 5, 12, and 16-17 are is considered to be indefinite in that it is unclear what is intended when reciting that positive and negative electrode contacts have contact with the receiving grooves “respectively” (Lns6-8). Does this mean, for example, that each receiving groove contacts both a positive and negative electrode contact?
Claim 7, 8, and 10 are considered to be indefinite in that the following lack antecedent basis: claim 7, “the main body” (Ln5 Lns7-8), claim 8 “the atomizing surface” (Ln5), claim 10 “the atomizing surface” (Ln7).
Claim 12 is considered to be indefinite in that the claim is directed to an “atomization device” but depends from claim 3 which is directed to a “heating assembly”. For examination purposes claim 12 is considered to be directed to an atomization device with an unknown dependency. The following lack antecedent basis:
●the extension part (Lns1-2)
●the atomizing surface (Ln3 Lns5-6)
●the main body (Ln4)
●the positive electrode contact (Ln7)
●the negative electrode contact (Ln8).
Claim 11, the limitation “battery assembly” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (“assembly” being a generic placeholder, battery assembly provides electricity to the heating member (i.e. function – “electrically coupled”), and claim does not recite sufficient structure for the function). However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
Specifically, the instant specification makes reference to a battery assembly in paragraphs 19, 42, 50, and 67. Paragraphs 42 and 50 refer to a battery assembly 180. Figure 1 is a schematic structural diagram of the atomization device -- and reference number 180 is illustrated. Since Figure 1 is a schematic structural diagram, the illustration of the battery assembly 180 is considered to be a symbol representing the battery assembly 180 and is not considered to show actual structure. Figure 2 illustrates the same symbol for the battery assembly 180 as in Figure 1.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may:
●Amend the claim so that the claim limitation will no longer be interpreted as a limitation
under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
●Amend the written description of the specification such that it expressly recites what
structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
●Amend the written description of the specification such that it clearly links the structure,
material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
●Amending the written description of the specification such that it expressly recites the
corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
●Stating on the record what the corresponding structure, material, or acts, which are
implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 6, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Jiaqi (CN 110916249 A).
Claim 1: Jiaqi teaches a heating assembly comprising an oil guiding member 4/5/6/7/8 (i.e. OGM) (¶31) defining a through hole (comprising at least 4h1/4t1/4t2/4v1/4v2/8h1/7) (i.e. TH) (¶s37-39 ¶53) cutting through the OGM (Fig1A Fig3A), and the TH configured to guide atomized gas P1’, generated on the OGM, out of the OGM (¶78); the OGM comprising a connecting part 5, and the connecting part 5 being located in the TH, and the connecting part 5 spanning the TH along a radial direction of the TH (¶42 Fig3A); and a heating member 6 (¶31), embedded in one end of the OGM (¶46 Fig3A); at least part of the heating member 6 being disposed on the connecting part 5 (¶46 Fig3A); the heating member 6 being configured for heating the OGM (¶42). Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
With respect to the claim limitations of “which is applied in an atomization device and configured for heating and atomizing liquid to be atomized” and “so that the liquid to be atomized is atomized on an end face of the oil guiding member close to the heating member”, these limitations refer to an intended use of the claimed heating assembly and are not considered to provide structural features to the claimed heating assembly (i.e. structure).
With respect to claimed heating member, because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the heating member to perform the claimed function. Jiaqi teaches a structure for the heating member to perform the same claimed function. Jiaqi is thus considered to meet this limitation of the claim.
Claim 6: Jiaqi teaches an atomization device 100 comprising a heating assembly. The heating assembly comprising an oil guiding member 4/5/6/7/8 (i.e. OGM) (¶31) defining a through hole (comprising at least 4h1/4t1/4t2/4v1/4v2/8h1/7) (i.e. TH) (¶s37-39 ¶53) cutting through the OGM (Fig1A Fig3A), and the TH configured to guide atomized gas P1’, generated on the OGM, out of the OGM (¶78); the OGM comprising a connecting part 5, and the connecting part 5 being located in the TH, and the connecting part 5 spanning the TH along a radial direction of the TH (¶42 Fig3A); and a heating member 6 (¶31), embedded in one end of the OGM (¶46 Fig3A); at least part of the heating member 6 being disposed on the connecting part 5 (¶46 Fig3A); the heating member 6 being configured for heating the OGM (¶42). Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
With respect to the claim limitations of “so that a liquid to be atomized is atomized on an end face of the oil guiding member close to the heating member”, this limitation refers to an intended use of the claimed heating assembly and is not considered to provide structural features to the claimed heating assembly (i.e. structure).
With respect to claimed heating member, because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the heating member to perform the claimed function. Jiaqi teaches a structure for the heating member to perform the same claimed function. Jiaqi is thus considered to meet this limitation of the claim.
Claim 2: Jiaqi teaches the heating assembly according to claim 1, wherein the OGM comprises a main body part (i.e. MBP) and an extension part (i.e. EP) (see a portion of Figure 1A annotated below) that are coupled to each other as shown in Figure 3A; the TH cuts through the EP (see the portion of Figure 1A annotated below) and the MBP (see a portion of Figure Fig1B annotated below) in sequence as shown in Figures 1A and 3A; the MBP comprises a bearing surface (i.e. BES) and an atomizing surface (i.e. AS) arranged opposite to each other (i.e. located at opposite portions of the MBP – see the portion of Figure 1A annotated below); the BES comprises a connecting surface (i.e. CP) (edge that connects with portion of that heating assembly) and a liquid absorbing surface (i.e. LAS) (comprising at least the upper and lower surfaces of the oil guide assembly 5) (¶45) that are coupled to each other as shown in Figure 3A; the EP is fixedly arranged on the CS as shown in Figure 3A; and the CP is arranged at an opening of the TH close to the AS -- as shown in Figure 3A.
With respect to the claim limitations of “the liquid to be atomized flows to the atomizing surface through the liquid absorbing surface, and is atomized on the atomizing surface”, this limitation refers to an intended use of the claimed heating assembly and are not considered to provide structural features to the claimed heating assembly (i.e. structure).
Claim 13: Jiaqi teaches the heating assembly according to claim 1, wherein the OGM comprises a main body part (i.e. MBP) and an extension part (i.e. EP) (see a portion of Figure 1A annotated below) that are coupled to each other as shown in Figure 3A; the TH cuts through the EP (see the portion of Figure 1A annotated below) and the MBP (see a portion of Figure Fig1B annotated below) in sequence as shown in Figures 1A and 3A; the MBP comprises a bearing surface (i.e. BES) and an atomizing surface (i.e. AS) arranged opposite to each other (i.e. located at opposite portions of the MBP – see the portion of Figure 1A annotated below); the BES comprises a connecting surface (i.e. CP) (edge that connects with portion of that heating assembly) and a liquid absorbing surface (i.e. LAS) (comprising at least the upper and lower surfaces of the oil guide assembly 5) (¶45) that are coupled to each other as shown in Figure 3A; the EP is fixedly arranged on the CS as shown in Figure 3A; and the CP is arranged at an opening of the TH close to the AS -- as shown in Figure 3A.
With respect to the claim limitations of “the liquid to be atomized flows to the atomizing surface through the liquid absorbing surface, and is atomized on the atomizing surface”, this limitation refers to an intended use of the claimed heating assembly and are not considered to provide structural features to the claimed heating assembly (i.e. structure).
Portion of Figure 1A:
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Portion of Figure 1B:
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Prior Art of Record
The following prior art is made of record. Liu teaches an atomizing device that uses oil guiding pathways. Chen teaches an atomizing device having oil guide ports and an atomization chamber.
Allowable Subject Matter
Claims 3 and 14 are is 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.
Claims 5, 7-12, and 16-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action (and any claim objections) and to include 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. Claim 3, the closest prior art of record to Jiaqi teaches the heating assembly according to claim 1 wherein the heating member 6 comprises a heating body (i.e. HB) (Fig1A -- tubular shape) and at least part of the HB is located on the CP (see the portion of Figure 1A annotated above; Fig1B). However, Jiaqi alone or in combination with the other prior art of record does not teach or fairly suggest that a positive electrode contact and a negative electrode contact are electrically coupled to both ends of the HB; that the HB is arranged on the AS in an arc shape or a curve shape; and that an arc corresponding to the HB is greater than or equal to 180o.
The following is a statement of reasons for the indication of allowable subject matter. Claim 5, the closest prior art of record to Jiaqi teaches the heating assembly according to claim 2 wherein the EP comprises a sleeve (the EP surrounds other portions of the heating assembly (Fig1B) and thus acts as a sleeve) and at least one protrusion located on an outer peripheral surface of the sleeve (see the portion of Figure1A annotated above -- the portion of the EP that protrudes away from the TH). The at least one protrusion abuts against the AS, which is illustrated in Figure 3A, by way of a portion of the base 8 acting as a common boundary or common line. The sleeve, the at least one protrusion, and the main body part are integrally formed as illustrated in Figure 3A. Specifically, Figure 3A illustrates that the sleeve and it’s at least one protrusion connects integrally with 5/6/7/8 within the outer housing of the atomizing device 100. The instant specification refers to “integrally formed” -- but does not provide further detail as to what this encompasses. Thus, “integrally formed” is given its ordinary meaning of being connected so as to form a unit. The main body part further defines a plurality of receiving grooves 8t1, 8t2, 8h1, and 8h2 -- each having an opening (¶s52-53 Fig1A Fig1B Fig3A Fig3B). At least part of a bottom of the receiving grooves extends towards (i.e. extends along the X-axis) the at least one protrusion which is illustrated in Figures 3A and 3B. The openings are defined on the AS (¶78 Fig3B). However, Jiaqi alone or in combination with the other prior art of record does not teach or fairly suggest that the plurality of the receiving grooves are configured for receiving a positive electrode contact and a negative electrode contact. Specifically, Jiaqi teaches that the plurality of receiving grooves are configured for a gas, electrical connections, and oil (¶53).
The following is a statement of reasons for the indication of allowable subject matter. Claim 7, the closest prior art of record to Jiaqi teaches the atomization device 100 according to claim 6 wherein there is provided a sealing seat 7 (¶31 Fig1A). A part of the sealing seat 7 is sealed with one side of the extension part which is away from the main body part (see Figure 1A annotated above; Fig3A). Another part of the sealing seat 7 is sealed with a peripheral side wall of the extension part (see Figure 1A annotated above; Fig3A). A peripheral side wall of the extension part, the liquid absorbing surface, and an inner side wall of the sealing seat 7 cooperatively form a receiving space which is shown in Figure 3B where the airflow P1 is flowable along the alcove-area if the BES (¶78). However, Jiaqi alone or in combination with the other prior art of record does not teach or fairly suggest that the atomization device 100 further comprises an atomizing rod -- the atomizing rod comprising a receiving seat; that the heating assembly, the sealing seat 7 and the receiving seat are sequentially sleeved from inside to outside; that the part of the sealing seat 7 which is sealed with the one side of the extension part which is away from the main body part is done so with the receiving seat (i.e. the sealing seat 7 therebetween), and the another part of the sealing seat 7 is sealed with a peripheral side wall of the extension part is done so with the receiving seat (i.e. the sealing seat7 therebetween; that the receiving seat defines at least one liquid guiding hole; the sealing seat 7 defines at least one liquid inlet hole; and that the at least one liquid guiding hole, the at least one liquid inlet hole and the receiving space are interconnected in sequence. With respect to the claim limitations of “the liquid to be atomized passes through the at least one liquid guiding hole, the at least one liquid inlet hole and the receiving space in sequence and then flows to the liquid absorbing surface”, this limitation refers to an intended use of the claimed heating assembly and are not considered to provide structural features to the claimed heating assembly (i.e. structure).
The following is a statement of reasons for the indication of allowable subject matter. Claim 14, the closest prior art of record to Jiaqi teaches the heating assembly according to claim 1 wherein the heating member 6 comprises a heating body (i.e. HB) (Fig1A -- tubular shape) and at least part of the HB is located on the CP (see the portion of Figure 1A annotated above; Fig1B). However, Jiaqi alone or in combination with the other prior art of record does not teach or fairly suggest that a positive electrode contact and a negative electrode contact are electrically coupled to both ends of the HB; that the HB is arranged on the AS in an arc shape or a curve shape; and that an arc corresponding to the HB is greater than or equal to 180o.
The following is a statement of reasons for the indication of allowable subject matter. Claim 16, the closest prior art of record to Jiaqi teaches the heating assembly according to claim 2 wherein the EP comprises a sleeve (the EP surrounds other portions of the heating assembly (Fig1B) and thus acts as a sleeve) and at least one protrusion located on an outer peripheral surface of the sleeve (see the portion of Figure1A annotated above -- the portion of the EP that protrudes away from the TH). The at least one protrusion abuts against the AS, which is illustrated in Figure 3A, by way of a portion of the base 8 acting as a common boundary or common line. The sleeve, the at least one protrusion, and the main body part are integrally formed as illustrated in Figure 3A. Specifically, Figure 3A illustrates that the sleeve and it’s at least one protrusion connects integrally with 5/6/7/8 within the outer housing of the atomizing device 100. The instant specification refers to “integrally formed” -- but does not provide further detail as to what this encompasses. Thus, “integrally formed” is given its ordinary meaning of being connected so as to form a unit. The main body part further defines a plurality of receiving grooves 8t1, 8t2, 8h1, and 8h2 -- each having an opening (¶s52-53 Fig1A Fig1B Fig3A Fig3B). At least part of a bottom of the receiving grooves extends towards (i.e. extends along the X-axis) the at least one protrusion which is illustrated in Figures 3A and 3B. The openings are defined on the AS (¶78 Fig3B). However, Jiaqi alone or in combination with the other prior art of record does not teach or fairly suggest that the plurality of the receiving grooves are configured for receiving a positive electrode contact and a negative electrode contact. Specifically, Jiaqi teaches that the plurality of receiving grooves are configured for a gas, electrical connections, and oil (¶53).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745