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 .
DETAILED ACTION
Applicant's arguments filed 8/6/2025 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Specifically, the applicant argues that neither Eavenson nor Tsung individually teach all of the amended claims. However, the rejection is based on the combined teachings of Eavenson and Tsung.
Claim Objections
Claim 13 is objected to because “through the at least a main burner” should be - through at least the main burner-. Appropriate correction is required.
Claim 8, “wherein controller” should read “wherein the controller.”
Regarding claims 1, 11, and 20, the limitation “the low pressure situation” lacks clear antecedent basis. For example, turning to claim 1, there is recited in the third to last line, “pressure… below a predetermined value…” While it’s understood that “the low pressure situation” is a reference to this limitation, pressure being below a predetermined value doesn’t necessarily imply a “low pressure situation” (i.e. high pressure could be below a predetermined value) and therefore the claim should be amended so that “the low pressure situation” is amended to explicitly say or reference the pressure being below a predetermined value, or vice versa. The same objection applies to claims 11 and 20 for reciting the same language.
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.
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.
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.
Claims 1, 2, 4-7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Eavenson (US 5397233 A), hereinafter Eavenson, in view of Tsung (US 20100066549 A1), hereinafter Tsung.
Regarding claims 1, 2, 4-6 and 9, Eavenson discloses a gas hearth comprising:
at least a main burner in a fireplace (A fireplace is a place for a domestic fire. The device of Eavenson is a domestic fire apparatus. The location where it is placed is a fireplace) receiving gas from a remote gas supply (“gas fired artificial log assembly 10, including a gas control apparatus 12 and gas log assembly 14. Log assembly 14 includes logs 16 and 18 and log support 20. Only two logs are shown for simplicity, however, normally more logs would normally be used. Gas burner 22 is located under logs 16 and 18” column 3, line 10 and “enable the user to use both natural gas and propane” column 4, line 17. It is well known that natural gas is typically obtained from a utility provider which is remote from individual homes);
a controller at the fireplace (“Gas control system 12 includes gas valve 24 is fully automatic and is preferably made by ITT General Controls Division (Catalog No. B67RA01)” column 3, line 15).
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Eavenson does not disclose:
a pressure sensor in the fireplace spaced apart from the controller and in communication with the controller, said pressure sensor in fluid communication with the at least a main burner sensing gas pressure and providing a signal to the controller;
wherein when the controller receives a signal from the pressure sensor detecting a pressure at the pressure sensor below a predetermined value, said controller provides a signal directing an output to be displayed related to the low pressure situation at the fireplace;
wherein the output is displayed at a display connected to the hearth at the fireplace;
wherein the pressure sensor is integrally connected to a valve of the gas hearth;
wherein the pressure sensor is connected to a burner valve;
wherein the pressure sensor is connected to one of a pilot assembly and a manifold of the hearth in the fireplace;
wherein the pressure sensed by the pressure sensor is displayed to a user.
However, Tsung teaches:
a pressure sensor spaced apart from the controller and in communication with the controller, said pressure sensor in fluid communication with the at least a main burner sensing gas pressure and providing a signal to the controller (“the pressure gauge 20 is connected to a warning unit 60” paragraph [0022]);
wherein when the controller receives a signal from the pressure sensor detecting a pressure at the pressure sensor is below a predetermined value, said controller provides a signal directing an output to be displayed related to the low pressure situation (“when the combustion gas stored in the gas cylinder 10 is reduced and the needle pointer 40 is moved to the low level zone 32, the needle pointer 40 can thus turn on the pointer switch 50 to activate the circuit of the warning unit 60; by providing different volumes of sound, frequencies of sound, colors of light or frequencies of light flashing, a user can be reminded to change the gas cylinder 10 immediately” paragraph [0030]);
wherein the output is displayed at a display connected to the heater (“the warning unit 60 can be a buzzer or an warning lamp to provide a warning effect by using various volumes of sound, frequencies of sound, colors of light or frequencies of light flashing” paragraph [0026]);
wherein the pressure sensor is integrally connected to valve of the gas heater (“The pressure gauge 20 can be connected with a panel of a burner 80 via a pipe line 81” paragraph [0028]. The pressure gauge is fluidically connected to both the supply valve and burner control valve and is therefore made integral to both);
wherein the pressure sensor is connected to a burner valve (“The pressure gauge 20 can be connected with a panel of a burner 80 via a pipe line 81” paragraph [0028]. The pressure gauge is fluidically connected to both the supply valve and burner control valve);
wherein the pressure sensor is connected to one of a pilot assembly and a manifold of the heater (“The pressure gauge 20 can be connected with a panel of a burner 80 via a pipe line 81” paragraph [0028]);
wherein the pressure sensed by the pressure sensor is displayed to a user (“The dial 30 is provided in the pressure gauge 20, and includes at least a normal storing level zone 31 and a low level zone 32 to show the state of normally supplying or exhausting respectively” paragraph [0023]).
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In view of Tsung’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a pressure sensor in fluid communication with the main burner as is taught in Tsung, in the gas hearth disclosed by Eavenson because Tsung states system will “eliminate the trouble that bath or cooking may be interrupted, and an effect of convenience of using can be achieved” (paragraph [0015]). Therefore, including the pressure sensor as taught by Tsung will eliminate trouble of heating being interrupted in Eavenson.
Regarding claim 7, Eavenson, as modified by Tsung, discloses the gas hearth of claim 1 further comprising an ambient temperature sensor connected to the hearth of the fireplace, said ambient temperature sensor providing a signal to the controller, said controller shutting off gas flow through the at least a main burner if ambient temperature exceeds a predetermined temperature (“It is preferred that thermostat 25 be connected to gas valve 24 through wires 27 so that the gas will be automatically turned on and off when the temperature of the room reaches predetermined levels” column 3, line 21).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Eavenson, in view of Tsung, and further in view of Isaacs (US 20060038695 A1), hereinafter Isaacs.
Regarding claim 3, Eavenson, as modified by Tsung, discloses the gas hearth of claim 1.
Eavenson, as modified by Tsung, does not disclose wherein the output is displayed remotely from the gas hearth on one of a computing device and a remote.
However, Isaacs teaches wherein the output is displayed remotely on one of a computing device and a remote (“system controller 10 may be operably and controllably linked with a communications interface, for example a modem or wireless router. The communications interface may then be connected with an external control system such as the world wide web. In this manner, alternative embodiments of the present pressure alarm device may either send messages or emails of alarm or re-order or receive alarm controls from an external control, for example a home computer” paragraph [0088]).
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In view of the teachings of Isaacs, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the output is displayed remotely on one of a computing device and a remote as is taught in Isaacs, in the gas hearth as presently modified because Isaacs states “the alarm signal, may generate a responsive control signal, for example an instruction to order a replacement gas cylinder or to perform maintenance of some kind” (paragraph [0130]). Therefore, including the teachings of Isaacs will improve a user’s ability to maintain the hearth as presently modified.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Eavenson, in view of Tsung, and further in view of Riley (US 5395042 A), hereinafter Riley.
Regarding claim 8, Eaverson, as modified by Tsung, discloses the gas hearth of claim 1 wherein controller switching to control at least one of flame height, fan speed and lighting at the hearth (“It is preferred that thermostat 25 be connected to gas valve 24 through wires 27 so that the gas will be automatically turned on and off when the temperature of the room reaches predetermined levels” column 3, line 21).
Eaverson, as modified by Tsung, does not disclose wherein controller employs zero voltage switching.
However, Riley teaches wherein controller employs zero voltage switching (“The voltage at which alternating current is delivered to equipment varies along a sine wave from amplitude peaks to zero-voltage crossovers. The present system can be configured to detect the zero-voltage crossover and automatically switch on the electric current at this point, minimizing the chance of sparks and decreasing equipment stress which can occur due to sudden changes in electromotive force” column 22, line 21).
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In view of Riley’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the controller employs zero voltage switching because Riley states that zero-voltage switching minimizes sparks and decreases stress on equipment.
Claims 10 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Eavenson, in view of Riley.
Regarding claim 10, Eavenson discloses a gas hearth comprising:
at least a main burner in a fireplace (A fireplace is a place for a domestic fire. The device of Eavenson is a domestic fire apparatus. The location where it is placed is a fireplace) receiving gas from a remote gas supply (“gas fired artificial log assembly 10, including a gas control apparatus 12 and gas log assembly 14. Log assembly 14 includes logs 16 and 18 and log support 20. Only two logs are shown for simplicity, however, normally more logs would normally be used. Gas burner 22 is located under logs 16 and 18” column 3, line 10 and “enable the user to use both natural gas and propane” column 4, line 17. It is well known that natural gas is typically obtained from a utility provider which is remote from individual homes);
a controller at the fireplace (“Gas control system 12 includes gas valve 24 is fully automatic and is preferably made by ITT General Controls Division (Catalog No. B67RA01)” column 3, line 15); and
an ambient temperature sensor providing a signal to the controller (“thermostat 25” column 3, line 21);
wherein the ambient temperature sensor provides a signal to the controller, said controller shutting off gas flow through the at least a main burner if ambient temperature exceeds a predetermined temperature; and wherein the controller employs switching to control at least one of gas flow, fan speed and lighting at the hearth (“It is preferred that thermostat 25 be connected to gas valve 24 through wires 27 so that the gas will be automatically turned on and off when the temperature of the room reaches predetermined levels” column 3, line 21).
Eavonson does not disclose wherein the controller employs zero voltage switching.
However, Riley teaches wherein controller employs zero voltage switching (“The voltage at which alternating current is delivered to equipment varies along a sine wave from amplitude peaks to zero-voltage crossovers. The present system can be configured to detect the zero-voltage crossover and automatically switch on the electric current at this point, minimizing the chance of sparks and decreasing equipment stress which can occur due to sudden changes in electromotive force” column 22, line 21).
In view of Riley’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include wherein the controller employs zero voltage switching as taught in Riley in the gas hearth disclosed by Eavonson because Riley states that zero-voltage switching minimizes sparks and decreases stress on equipment.
Regarding claims 13-16, Eaverson discloses a gas hearth comprising:
at least a main burner in a fireplace receiving gas from a remote gas supply (“gas fired artificial log assembly 10, including a gas control apparatus 12 and gas log assembly 14. Log assembly 14 includes logs 16 and 18 and log support 20. Only two logs are shown for simplicity, however, normally more logs would normally be used. Gas burner 22 is located under logs 16 and 18” column 3, line 10 and “enable the user to use both natural gas and propane” column 4, line 17);
a controller (“Gas control system 12 includes gas valve 24 is fully automatic and is preferably made by ITT General Controls Division (Catalog No. B67RA01)” column 3, line 15); and
an ambient temperature sensor providing a signal to the controller (“thermostat 25” column 3, line 21);
wherein the ambient temperature sensor provides a signal to the controller, said controller shutting off gas flow through the at least a main burner if ambient temperature exceeds a predetermined temperature; wherein the controller initially directs a maximum of one of gas flow through the main burner and fan speed for a predetermined period of time and then automatedly directs the lowering the one of gas flow and fan speed to a lower temperature;
the controller initially directs a change in lighting intensity at the hearth;
the controller employs switching to control at least one of flame height, fan speed and lighting at the hearth;
wherein the controller starts and stops of one of a change in flame height and fan speed (“thermostat 25 be connected to gas valve 24 through wires 27 so that the gas will be automatically turned on and off when the temperature of the room reaches predetermined levels”).
Eaverson does not disclose:
wherein the controller employs zero voltage switching;
wherein the controller initially directs a change at a zero voltage node of an AC input;
wherein the controller delays the starting and stopping for a predetermined period of time as a delay;
wherein the delay of the controller ends at a zero voltage node of an AC input.
However, Riley teaches:
wherein the controller employs zero voltage switching;
wherein the controller initially directs a change at a zero voltage node of an AC input;
wherein the controller delays the starting and stopping for a predetermined period of time as a delay;
wherein the delay of the controller ends at a zero voltage node of an AC input (“The voltage at which alternating current is delivered to equipment varies along a sine wave from amplitude peaks to zero-voltage crossovers. The present system can be configured to detect the zero-voltage crossover and automatically switch on the electric current at this point, minimizing the chance of sparks and decreasing equipment stress which can occur due to sudden changes in electromotive force” column 22, line 21).
In view of Riley’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein the controller employs zero voltage switching;
wherein the controller initially directs a change at a zero voltage node of an AC input;
wherein the controller delays the starting and stopping for a predetermined period of time as a delay;
wherein the delay of the controller ends at a zero voltage node of an AC input as is taught in Riley, in the gas hearth disclosed by Eaverson because Riley states that zero-voltage switching minimizes sparks and decreases stress on equipment.
Regarding claims 17 and 18, Eavenson discloses a gas hearth comprising:
at least a main burner in a fireplace receiving gas from a remote gas supply (“gas fired artificial log assembly 10, including a gas control apparatus 12 and gas log assembly 14. Log assembly 14 includes logs 16 and 18 and log support 20. Only two logs are shown for simplicity, however, normally more logs would normally be used. Gas burner 22 is located under logs 16 and 18” column 3, line 10 and “enable the user to use both natural gas and propane” column 4, line 17); and
a controller located at the fireplace (“Gas control system 12 includes gas valve 24 is fully automatic and is preferably made by ITT General Controls Division (Catalog No. B67RA01)” column 3, line 15);
wherein controller employs switching to assist in controlling at least one of BTU output, flame height, fan speed and lighting at the hearth;
wherein the controller starts and stops of one of a change in flame height and fan speed (“It is preferred that thermostat 25 be connected to gas valve 24 through wires 27 so that the gas will be automatically turned on and off when the temperature of the room reaches predetermined levels” column 3, line 21).
Eavenson does not disclose:
wherein controller employs zero voltage switching by adjusting an output as the voltage passes through the zero voltage node;
wherein the controller delays the starting and stopping for a predetermined period of time as a delay before the zero voltage node.
However, Riley teaches:
wherein controller employs zero voltage switching by adjusting an output as the voltage passes through the zero voltage node;
wherein the controller delays the starting and stopping for a predetermined period of time as a delay before the zero voltage node (“The voltage at which alternating current is delivered to equipment varies along a sine wave from amplitude peaks to zero-voltage crossovers. The present system can be configured to detect the zero-voltage crossover and automatically switch on the electric current at this point, minimizing the chance of sparks and decreasing equipment stress which can occur due to sudden changes in electromotive force” column 22, line 21).
In view of Riley’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include:
wherein controller employs zero voltage switching by adjusting an output as the voltage passes through the zero voltage node;
wherein the controller delays the starting and stopping for a predetermined period of time as a delay before the zero voltage node as is taught in Riley, in the gas hearth disclosed by Eaverson because Riley states that zero-voltage switching minimizes sparks and decreases stress on equipment.
Regarding claim 19, Eaverson, as modified by Riley, discloses the gas hearth of claim 17 further comprising:
an ambient temperature sensor providing a signal to the controller; and
wherein the ambient temperature sensor provides a signal to the controller, said controller shutting off gas flow through the at least a main burner if ambient temperature exceeds a predetermined temperature (“It is preferred that thermostat 25 be connected to gas valve 24 through wires 27 so that the gas will be automatically turned on and off when the temperature of the room reaches predetermined levels” column 3, line 21).
Claims 11 and 20 and rejected under 35 U.S.C. 103 as being unpatentable over Eavenson, in view of Riley, and further in view of Tsung.
Regarding claim 11, Eavenson, as modified by Riley, discloses the gas hearth of claim 10.
Eavenson, as modified by Riley, does not disclose a pressure sensor in fluid communication with the main burner; and wherein the controller receives a signal from the pressure sensor detecting a pressure at the pressure sensor below a predetermined value, said controller provides a signal directing an output to be displayed related to the low pressure situation.
However, Tsung teaches a pressure sensor in fluid communication with the main burner (“The pressure gauge 20 can be connected with a panel of a burner 80” paragraph [0028]); and wherein the controller receives a signal from the pressure sensor detecting a pressure at the pressure sensor below a predetermined value, said controller provides a signal directing an output to be displayed related to the low pressure situation (“when the combustion gas stored in the gas cylinder 10 is reduced and the needle pointer 40 is moved to the low level zone 32, the needle pointer 40 can thus turn on the pointer switch 50 to activate the circuit of the warning unit 60; by providing different volumes of sound, frequencies of sound, colors of light or frequencies of light flashing, a user can be reminded to change the gas cylinder 10 immediately” paragraph [0030]).
In view of Tsung’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a pressure sensor in fluid communication with the main burner as is taught in Tsung, in the gas hearth disclosed by Eavenson because Tsung states system will “eliminate the trouble that bath or cooking may be interrupted, and an effect of convenience of using can be achieved” (paragraph [0015]). Therefore, including the pressure sensor as taught by Tsung will eliminate trouble of heating being interrupted in Eavenson.
Regarding claim 20, Eaverson, as modified by Riley, discloses the gas hearth of claim 17.
Eaverson, as modified by Riley, does not disclose:
a pressure sensor at the fireplace in fluid communication with the at least a main burner sensing gas pressure and providing a signal to the controller; and
wherein when the controller detects a pressure at the pressure sensor is below a predetermined value, providing a signal directing an output to be displayed related to the low pressure situation at the fireplace.
However, Tsung teaches:
a pressure sensor in fluid communication with the at least a main burner sensing gas pressure and providing a signal to the controller (“the pressure gauge 20 is connected to a warning unit 60” paragraph [0022]); and
wherein when the controller detects a pressure at the pressure sensor is below a predetermined value, providing a signal directing an output to be displayed related to the low pressure situation (“when the combustion gas stored in the gas cylinder 10 is reduced and the needle pointer 40 is moved to the low level zone 32, the needle pointer 40 can thus turn on the pointer switch 50 to activate the circuit of the warning unit 60; by providing different volumes of sound, frequencies of sound, colors of light or frequencies of light flashing, a user can be reminded to change the gas cylinder 10 immediately” paragraph [0030]).
In view of Tsung’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a pressure sensor in fluid communication with the main burner as is taught in Tsung, in the gas hearth disclosed by Eavenson because Tsung states system will “eliminate the trouble that bath or cooking may be interrupted, and an effect of convenience of using can be achieved” (paragraph [0015]). Therefore, including the pressure sensor as taught by Tsung will eliminate trouble of heating being interrupted in Eavenson.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shimek (US 5890485 A)
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Downing (US 20160116163 A1) “FIG. 1 shows a perspective view of a burner unit in a fireplace assembly as might be used with the present invention” paragraph [0011] and “A pressure switch is upstream from a convertible pressure regulator. The pressure switch senses the pressure of incoming LP or NG gas. When the Selector device is aligned to the LP gas position, the tine is disengaged from the selector switch, leaving the first branch of a parallel circuit in the Normally Closed (NC), or on, position”
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Gregory (GB 1604254 A) “the sensing means forming part of an electrical circuit for providing a signal when the sensing means senses a pressure lower than a predetermined pressure, and indicating means arranged for actuation in response to said signal for providing an indication that said predetermined pressure has been reached” page 1, line 40
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Shimek (US 5000162 A) “It is another object of the present invention to provide a gas valve in a heat exchanger system which is connected to a remote sensor and to a thermostat in the heat exchanger for controlling gas supplied to the burner system as well as controlling heat to a room being heated” column 2, line 54
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Bachinsky (US 20070068511 A1) “In the case of a gas powered heating appliance such as a gas fireplace or stove, heat generation is controlled by altering the flow of gas to a burner via a gas valve” paragraph [0005]
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THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOGAN P JONES whose telephone number is (303)297-4309. The examiner can normally be reached Mon-Fri 8:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762