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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 17-20 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.
Regarding claim 17: Claim 17 recites “an energy level of a lowest unoccupied molecular orbital (LUMO) is from -5.3 eV to -5.1 eV”. However, this claimed range of LUMO energy levels appears to correspond to highest occupied molecular orbital (HOMO) instead, as shown in Table 3 of the instant specification. It is unclear if the claimed range refers to HOMO energy levels or LUMO energy levels, rendering the claim indefinite. For the purpose of examination, the claim is being interpreted such that the claimed range is for HOMO energy levels.
Regarding claims 18-20: Claims 18-20 are rejected due to their dependence from claim 17.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 10, 13, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ha et al. (US 2021/0253512 A1) (hereafter “Ha”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”).
Regarding claims 1-5, 10, 13, 16-18, and 20: Ha discloses a light-emitting device comprising an anode, a cathode facing the anode, and an interlayer comprising an emission layer arranged between the anode and the cathode {paragraphs [0240]-[0244]: Example 2}.
The interlayer comprises a hole transport region located between the anode and the emission layer {paragraphs [0240]-[0244]: Example 2}. The hole transport region comprises a hole injection layer and a first hole transport layer {paragraphs [0240]-[0244]: Example 2 where the layer comprising PEDOT/PSS is being equated with the instant hole injection layer, and the layer comprising Compound 2 of Ha is equated with the instant first hole transport layer.}. The first hole transport layer comprises the compound shown below {paragraph [0244] and [0184]-[0185] describing the structure of Ha’s Compound 2}.
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The interlayer comprises an electron transport region located between the emission layer and the cathode and comprising an electron transport layer {paragraphs [0240]-[0244]: Example 2}.
Ha does not teach a compound similar to the compound shown above except for the methylene linking group instead being adamantane.
Ha teaches that the compounds of Ha have the structure of Chemical Formula 1 of Ha, shown below {paragraphs [0011] and [0044]}.
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Where R1 and R2 of the alkylene linking group can be joined to form a cycloalkyl group {paragraphs [0013] and [0071]}.
Tanaka teaches compounds for use in organic light emitting devices {abstract; col. 1, line 66 to col. 2, line 5; col. 13, line 11 through col. 14, line 14}. Tanaka teaches that the compounds of Tanaka can have the structure of the formula shown below {cols. 7, 20}.
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Where Ar1 and Ar2 can each be amine {col. 7, line 28 through col. 9, including structures shown; col. 20, lines 34-50; and col. 21 through col. 23—structures shown}.
Tanaka sought to solve the problem of chemical compound and organic compound film layer stability by providing compounds having good heat endurance and low crystallinity {abstract; col. 1, line 66 through col. 2, line 5; col. 7, lines 31-40; col. 19, line 58 to col. 20, line 9; col. 21, line 3 to col. 22, line 6; col. 34, lines 6-14}. Tanaka teaches that these benefits are due to the presence of the adamantane group {col. 7, lines 31-40; col. 19, line 58 to col. 20, line 9; col. 21, line 3 to col. 22, line 6; col. 34, lines 6-14}.
Tanaka teaches that the compound can be comprised in the organic layer between the anode and the cathode of the organic light emitting device, including the hole transport and light-emitting layers {abstract; col. 1, line 66 through col. 2, line 5; col. 7, lines 40-44; col. 19, line 58 to col. 20, line 9; col. 25-26}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the compound of Ha by replacing the Methylene linking group with an adamantane group, based on the teaching of Tanaka. The motivation for doing so would have been to provide a compound having good head endurance and that can be used to make films having low crystallinity, as taught by Tanaka.
Ha as modified by Tanaka teaches the claimed invention above but fails to teach that an energy level of a lowest unoccupied molecular orbital (LUMO) is from -5.3 eV to -5.1 eV. It is reasonable to presume that an energy level of a LUMO being from -5.3 eV to -5.1 eV is inherent to Ha as modified by Tanaka. Support for said presumption is found in the use of like materials and like processes which would result in the claimed property.
The modified compound of Ha is similar to the instant Compound 1 in that it is a diamine in which the two amino groups are linked by p-phenylene groups which are themselves linked by a adamantyl group. Additionally, the compounds are similar in that they each have a fluorenyl substituent on at least one of the amine N atoms.
Furthermore, paragraph [00115] of the instant specification describes that in general for the compounds of the instant disclosure having the structure of the instant Formula 1 that the LUMO may be from about -5.3 eV to about -5.1 eV. The modified compound meets all of the limitations of the claimed compounds having the structure of the instant Formula 1. Thus, the modified compound of Ha would meet the criteria for having the claimed LUMO energy level.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Ha as modified by Tanaka product is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Regarding claim 10: Ha as modified by Tanaka teaches all of the features with respect to claim 1, as outlined above.
An organic light emitting device is an electronic apparatus.
Claims 6-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ha et al. (US 2021/0253512 A1) (hereafter “Ha”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”), as applied to claim 2 above, and further in view of Spindler et al. (US 2007/0231596 A1) (hereinafter “Spindler”) and Nomura et al. (US 2009/0160323 A1) (hereafter “Nomura”).
Regarding claims 6 and 9: Ha as modified by Tanaka teaches all of the features with respect to claim 10, as outlined above.
Ha as modified by Tanaka does not teach that the hole transport region further comprises a second hole transport layer comprising an amine-based compound and a third hole transport layer comprising the diamine-based compound.
Spindler teaches an organic light emitting device comprising three hole-transporting sublayers: first hole transporting sublayer HTL1 (131) of Fig. 3 of Spindler, second hole transporting sublayer, HTL2 (132.) of Fig. 3 of Spindler and third hole transporting sublayer (HTL3, 133) of Fig. 3 of Spindler {paragraph [0026]}. The first hole transporting sublayer (131), comprises a hole transporting material and stabilizing dopant. The second hole transporting sublayer (HTL2) comprises of a hole transporting material, a second stabilizing dopant and a third stabilizing dopant {paragraph [0026]}. The third hole transporting sublayer (HTL3, 133) comprises mainly a hole transporting material {paragraph [0026]}. In some cases, the first and second hole-transporting materials are the same and the first and second stabilizing dopants are the same {paragraph [0026]}.
The hole transporting materials of Spindler can be selected from known hole transporting materials and include aromatic amines {paragraph [0032]}.
Spindler teaches that such a structure provides organic light emitting devices having good efficiency, low driving voltage, and good stability {paragraphs [0008], [0014]-[0017], and [0251]}.
Nomura teaches the compounds for use in hole transporting layers of organic light emitting devices {paragraphs [0021] and [0129]}.
Nomura exemplifies the compound shown below {paragraph [0015]}.
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Nomura teaches that the compounds of the disclosure of Nomura enables devices having low power usage and low driving voltage {paragraph [0010]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the device of Ha to comprise the hole transport layer structure of Spindler, based on the teaching of Spindler. The motivation for doing so would have been to use the three-layered hole transport layer of Spindler to enable organic light emitting devices having good efficiency, low driving voltage, and good stability, as taught by Spindler. Furthermore, it would have been obvious to one of ordinary skill in the art to use the modified compound of Ha as the hole-transporting host material of two of the hole transporting sub-layers of Spindler. The selection of the modified compound of Ha as the hole-transporting host material of two of the hole transporting sub-layers of Spindler would have been a choice from a finite number of identified, predictable solutions (the possible iterations of hole-transporting materials used in the different layers of the hole transporting stack of Spindler), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Additionally, it would have been obvious to one of ordinary skill in the art to use the compound of Nomura, shown above, as the hole-transporting host of the remaining layer of the hole transporting layer stack of Spindler. The motivation for doing so would have been to use a compound known to enable organic light-emitting devices having low power usage and low driving voltage, as taught by Nomura.
In the resultant device, the two layers comprising the modified compound of Ha can be labeled as the first hole transport layer and the third hole transport layer. The layer comprising the compound of Nomura can be labeled as the second hole transport layer. Neither claim 6 nor claim 9 place any limitations on the order of the claimed first, second or third hole transport layers.
Regarding claim 7: Ha as modified by Tanaka and Nomura teaches all of the features with respect to claim 6, as outlined above.
Ha as modified by Tanaka and Nomura teaches the claimed invention above but fails to teach that a refractive index of the second hole transport layer is greater than a refractive index of the first hole transport layer. It is reasonable to presume that a refractive index of the second hole transport layer being greater than a refractive index of the first hole transport layer is inherent to Ha as modified by Tanaka and Nomura. Support for said presumption is found in the use of like materials and like processes which would result in the claimed property.
The modified compound of Ha is similar to the instant Compound 1 in that it is a diamine in which the two amino groups are linked by p-phenylene groups which are themselves linked by an adamantyl group. Additionally, the compounds are similar in that they each have a fluorenyl substituent on at least one of the amine N atoms. Therefore, the modified compound of Ha would have an index of refraction similar to that of the instant Compound 1.
The compound of Nomura has the same structure as the instant compound HT1.
Paragraph [00458] of the filed specification states that the instant Compound 1 has an index of refraction that is lower than the index of refraction of the instant Compound 1. Thus, a refractive index of the second hole transport layer is greater than a refractive index of the first hole transport layer.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Ha as modified by Tanaka and Nomura product is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ha et al. (US 2021/0253512 A1) (hereafter “Ha”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”), as applied to claim 10 above, and further in view of Kim (US 2002/0149710 A1) (hereinafter “Kim ‘710”).
Regarding claim 11: Ha as modified by Tanaka teaches all of the features with respect to claim 10, as outlined above.
Ha as modified by Tanaka does not exemplify that the display device is a flat panel display or that the first electrode of the organic light-emitting device is electrically connected to a source electrode or a drain electrode of a thin-film transistor.
Kim ‘710 teaches flat panel display comprising organic light-emitting devices as the light-emitting elements {Figs. 3L and 4 as described in paragraphs [0056]-[0060]}.
The display comprises a thin-film transistor comprising a source electrode, a drain electrode, and an active layer {Figs. 3L and 4 as described in paragraphs [0039] [0059]: Element 265 is the drain electrode, Element 260 is the source electrode, and Element 220-3 is the active layer.}
The first electrode of the organic light-emitting device is electrically connected to a source electrode or a drain electrode of a thin-film transistor {Figs. 3L and 4 as described in paragraph [0059]: Element 265 is the drain electrode and is in electrical contact with the electrode of the organic light-emitting device, Element 310.}.
Kim ‘710 sought to provide a flat panel display produced using reduced mask processes, increasing manufacturing yield {abstract, paragraph [0019], and [0059]}.
At the time the invention was effectively filed, it would have been obvious to one with ordinary skill in the art to have further modified the device taught by Ha as modified by Tanaka by using the device as light-emitting elements of the flat panel display device of Kim ‘710, based on the teachings of Kim ‘710. The motivation for doing so would have been to provide a flat panel display produced using reduced mask processes, increasing manufacturing yield, as taught by Kim ‘710.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ha et al. (US 2021/0253512 A1) (hereafter “Ha”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”), as applied to claim 10 above, and further in view of Kim et al. (US 2017/0287985 A1) (hereafter “Kim ‘985”).
Regarding claim 12: Ha as modified by Tanaka teaches all of the features with respect to claim 10, as outlined above.
Ha as modified by Tanaka does not teach that the light-emitting element taught by D1 is incorporated into a display device comprising a color filter.
Kim ‘985 teaches a display device comprising a substrate, and on the substrate, a red pixel region, a green pixel region, and a blue pixel region, an organic light emitting device corresponding to each of the red, green, and blue pixel regions {Fig. 1 and paragraphs [0041]-[0044]}. The display device additionally comprising a color filter layer corresponding to the red, green, and blue pixel regions and disposed between the substrate and the organic light emitting diode {paragraphs [0050]-[0052]}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the device of Ha as modified by Tanaka by including the device in the display device structure of Kim ‘985 described above, based on the teaching of Kim ‘985. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum device structures in order to produce optimal organic light-emitting devices.
Claim(s) 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (CN 112028853 A—machine translation relied upon) (hereafter “Sun”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”).
Regarding claims 13 and 15-20: Sun discloses the compound shown below {p. 12, Compound 104}.
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Sun does not teach a compound similar to the compound shown above except for the cyclohexane linking group instead being adamantane.
Sun teaches that the compounds of Sun have the structure of Equation I of Sun, shown below {p. 2, lines 23-28; Equation I}.
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Where L can be a C3 to C30 cycloalkyl group {p. 2, line 29}.
Sun teaches the compounds of Sun are useful as materials of the organic layer between the electrodes of an organic light-emitting device {p. 16, lines 3-6 and lines 9-12}.
Tanaka teaches compounds for use in organic light emitting devices {abstract; col. 1, line 66 to col. 2, line 5; col. 13, line 11 through col. 14, line 14}. Tanaka teaches that the compounds of Tanaka can have the structure of the formula shown below {cols. 7, 20}.
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Where Ar1 and Ar2 can each be amine {col. 7, line 28 through col. 9, including structures shown; col. 20, lines 34-50; and col. 21 through col. 23—structures shown}.
Tanaka sought to solve the problem of chemical compound and organic compound film layer stability by providing compounds having good heat endurance and low crystallinity {abstract; col. 1, line 66 through col. 2, line 5; col. 7, lines 31-40; col. 19, line 58 to col. 20, line 9; col. 21, line 3 to col. 22, line 6; col. 34, lines 6-14}. Tanaka teaches that these benefits are due to the presence of the adamantane group {col. 7, lines 31-40; col. 19, line 58 to col. 20, line 9; col. 21, line 3 to col. 22, line 6; col. 34, lines 6-14}.
Tanaka teaches that the compound can be comprised in the organic layer between the anode and the cathode of the organic light emitting device, including the hole transport and light-emitting layers {abstract; col. 1, line 66 through col. 2, line 5; col. 7, lines 40-44; col. 19, line 58 to col. 20, line 9; col. 25-26}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have modified the compound of Sun by replacing the cyclohexane group as L of Sun with an adamantane group, based on the teaching of Tanaka. The motivation for doing so would have been to provide a compound having good head endurance and that can be used to make films having low crystallinity, as taught by Tanaka.
Sun does not teach a specific organic light emitting device comprising the compound of Sun.
However, Sun teaches a light-emitting device comprising a first electrode, a second electrode facing the first electrode, and an interlayer between the first electrode and the second electrode {p. 16, lines 3-6 and lines 9-12}.
Sun teaches that the compound of Sun can be used in the interlayer between the first electrode and the second electrode {p. 16, lines 3-6 and lines 9-12}.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the compound of Sun by using it as a compound of the interlayer of the light-emitting device of Sun, based on the teaching of Sun. The modification would have been a combination of prior art elements according to known methods to yield predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Sun as modified by Tanaka teaches the claimed invention above but fails to teach that an energy level of a lowest unoccupied molecular orbital (LUMO) is from -5.3 eV to -5.1 eV. It is reasonable to presume that an energy level of a LUMO being from -5.3 eV to -5.1 eV is inherent to Sun as modified by Tanaka. Support for said presumption is found in the use of like materials and like processes which would result in the claimed property.
Paragraph [00115] of the instant specification describes that in general for the compounds of the instant disclosure having the structure of the instant Formula 1 that the LUMO may be from about -5.3 eV to about -5.1 eV. The modified compound meets all of the limitations of the claimed compounds having the structure of the instant Formula 1. Thus, the modified compound of Ha would meet the criteria for having the claimed LUMO energy level.
The burden is upon the Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed properties would obviously have been present once the Sun as modified by Tanaka product is provided. Note In re Best, 195 USPQ at 433, footnote 4 (CCPA 1977). Reliance upon inherency is not improper even though the rejection is based on Section 103 instead of 102. In re Skoner, et al. (CCPA) 186 USPQ 80.
Regarding claim 14: Sun as modified by Tanaka teaches all of the features with respect to claim 13, as outlined above.
Sun does not exemplify a compound in which this instant Ra and Rb are different.
Sun teaches that the compounds of Sun have the structure of Equation I of Sun, shown below {p. 2, lines 23-28; Equation I}.
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Where Ar1, Ar2, Ar3, and Ar4 can each be aryl or one of the groups Equations II-1 to II-9 of Sun {p. 2, lines 33-37}.
Compound 24 of Sun teaches that Ar4 can be
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in addition to
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of the compound of Sun shown above {p. 9}. Both structures have the structure of Equation II-1 of Sun.
At the time the invention is effectively filed, it would have been obvious to one of ordinary skill in the art to have further modified the compound of Sun by substituting one of the groups
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with the group
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, based on the teaching of Sun. The substitution would have been one known element for another known element and would have led to predictable results. See MPEP 2143(I)(B). The selection of
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would have been a choice from a finite number of identified, predictable solutions (the exemplified groups that can be Ar2 and Ar4 of Sun), with a reasonable expectation of success. See MPEP 2143(I)(E). Furthermore, one of ordinary skill in the art would have been motivated to select suitable and optimum combinations of materials to be used to make an organic light-emitting device in order to produce optimal organic light-emitting devices.
Allowable Subject Matter
Claim 8 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.
The following is a statement of reasons for the indication of allowable subject matter: As outlined above, Ha et al. (US 2021/0253512 A1) (hereafter “Ha”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”) and Sun et al. (CN 112028853 A—machine translation relied upon) (hereafter “Sun”) in view of Tanaka et al. (US 6,777,111 B1) (hereafter “Tanaka”) are representations of the closest prior art. However, neither Ha nor Tanaka provide any disclosure regarding the index of refraction of the compounds of Ha or Tanaka. Neither does the broader prior art provide any teachings regarding the index of refraction of the compounds of Ha or Tanaka. While the instant specification provides evidence showing the inherency of the relative values of the indexes of refraction of the modified compound of Ha and the instant compound HT1, there is no evidence regarding the actual values of the indexes of refraction. Absent teachings regarding the index of refraction of the compounds of Ha or Tanaka, it cannot be determined that the index of refraction of the first hole transport layer is from 1.4 to 1.7. Therefore, the current claim 8 is nonobvious over the cited references.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN CLAY KERSHNER whose telephone number is (303)297-4257. The examiner can normally be reached M-F, 9am-5pm (Mountain).
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/DYLAN C KERSHNER/ Primary Examiner, Art Unit 1786