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 Objections
Claims 1, 16, and 17 are objected to because of the following informalities: “a first fluid inlet a first fluid outlet” should read “a first fluid inlet; a first fluid outlet”. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: “wherein the second member of body portion” should read “wherein the second member of the body portion.” Appropriate correction is required.
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 9 and 19-20 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.
Claim 9 recites the limitation "the side portions" and “the body member” in lines 1-2. There is insufficient antecedent basis for these limitations in the claim.
Claim 19 recites the limitations “the second member” and “the first member” in lines 1-2. There is insufficient antecedent basis for these limitations in the claim. For the purpose of compact prosecution, this claim has been interpreted to depend upon claim 18 rather than claim 17.
Claim 20 depends upon claim 19 and is therefore likewise rejected under 35 U.S.C. 112(b).
Claim Rejections - 35 USC § 102
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, 3, 5, and 16-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. US 2007/0034080 A1 to Van Hove (hereinafter referred to as Van Hove).
Regarding claim 1, Van Hove teaches a gas generation apparatus comprising: an air intake unit (Fig. 4, suction filter 5); a compressor unit (Fig. 4, compressor 4), the compressor unit being operable to draw atmospheric air through the air intake unit and into the compressor unit (Fig. 4, compressor 4 receives air from suction filter 5); a cooling unit (Fig. 4, extra cooler 24), the cooling unit being configured to cool the compressed atmospheric air from the compressor unit (Fig. 4, extra cooler 24 receives air from compressor 4); a filter unit (Fig. 4, water separator 13), the filter unit being configured to filter the compressed atmospheric air from the cooling unit (Fig. 4, water separator 13 receives air from extra cooler 24); a gas separator (Fig. 4, membrane separator 3), the gas separator being configured to separate the compressed atmospheric air from the filter unit (Fig. 4, membrane separator 3 receives air from water separator 13); a separated gas outlet (Fig. 4, exit 18), the separated gas outlet being configured to receive the separated compressed gas from the gas separator (Fig. 4, exit 18 is attached to membrane separator 3); and a heat exchange apparatus (Fig. 4, heat exchanger 10) comprising: a body portion having: a first fluid inlet (Fig. 4, inlet of first radiator 11); a first fluid outlet (Fig. 4, outlet of first radiator 11); a second fluid inlet (Fig. 4, inlet of second radiator 12); a second fluid outlet (Fig. 4, outlet of second radiator 12); a first fluid conduit arranged between the first fluid inlet and the first fluid outlet (Fig. 4, air passes through first radiator 11 from inlet to outlet); and a second fluid conduit arranged between the second fluid inlet and the second fluid outlet (Fig. 4, air passes through second radiator 12 from inlet to outlet), wherein the first fluid conduit and the second fluid conduit are arranged to allow heat to be exchanged between each conduit (¶0032 “The heat exchanger 10 is not an air-cooled heat exchanger as in FIG. 1 in this case, but it is cooled by a separate cooling circuit 21 with an extra cooling radiator 22 and a cooling liquid which absorbs heat from the radiator 11 and gives this heat back at the height of the radiator 12 to thus re-heat the gas mixture”), and wherein the heat exchange apparatus is arranged to receive compressed atmospheric air from the compressor unit at the first fluid inlet (Fig. 4, first radiator 11 receives air from compressor 4 at the inlet) and supply compressed atmospheric air from the first fluid outlet to the cooling unit (Fig. 4, outlet of first radiator 11 supplies the air to extra cooler 24), and receive filtered compressed atmospheric air from the filter unit at the second fluid inlet (Fig. 4, inlet of second radiator 12 receives air from water separator 13) and supply filtered compressed atmospheric air from the second fluid outlet to the gas separator (Fig. 4, outlet of second radiator 12 supplies air to membrane separator 3).
Regarding claim 3, Van Hove teaches the gas generation apparatus as applied to claim 1 above, wherein the second fluid inlet of the body portion of the heat exchange apparatus is located on a side portion of the body portion (Fig. 4, inlet of the radiator 12 is located towards the right-most end), and the second fluid outlet is located on an opposite side portion of the body portion (Fig. 4, outlet of radiator 12 is located at the opposite end of said radiator).
Regarding claim 5, Van Hove teaches the gas generation apparatus as applied to claim 1 above, wherein the second fluid inlet and second fluid outlet of the body portion of the heat exchange apparatus are arranged to be substantially parallel to a longitudinal axis of the body portion (see annotated figure below).
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Regarding claim 16, Van Hove teaches a method of generating gas comprising the steps of: providing a gas generation apparatus (Fig. 4) comprising: an air intake unit (Fig. 4, suction filter 5); a compressor unit (Fig. 4, compressor 4), the compressor unit being operable to draw atmospheric air through the air intake unit and into the compressor unit (Fig. 4, compressor 4 receives air from suction filter 5); a cooling unit (Fig. 4, extra cooler 24), the cooling unit being configured to cool the compressed atmospheric air from the compressor unit (Fig. 4, extra cooler 24 receives air from compressor 4); a filter unit (Fig. 4, water separator 13), the filter unit being configured to separate the compressed atmospheric air from the cooling unit (Fig. 4, water separator 13 receives air from extra cooler 24); a gas separator (Fig. 4, membrane separator 3), the gas separator being configured to separate the compressed atmospheric air from the filter unit (Fig. 4, membrane separator 3 receives air from water separator 13); a separated gas outlet (Fig. 4, exit 18), the separated gas outlet being configured to receive the separated compressed gas from the gas separator (Fig. 4, exit 18 is attached to membrane separator 3); and a heat exchange apparatus (Fig. 4, heat exchanger 10) comprising: a body portion having: a first fluid inlet (Fig. 4, inlet of first radiator 11); a first fluid outlet (Fig. 4, outlet of first radiator 11); a second fluid inlet (Fig. 4, inlet of second radiator 12); a second fluid outlet (Fig. 4, outlet of second radiator 12); a first fluid conduit arranged between the first fluid inlet and the first fluid outlet (Fig. 4, air passes through first radiator 11 from inlet to outlet); and a second fluid conduit arranged between the second fluid inlet and the second fluid outlet (Fig. 4, air passes through second radiator 12 from inlet to outlet), wherein the first fluid conduit and the second fluid conduit are arranged to allow heat to be exchanged between each conduit (¶0032 “The heat exchanger 10 is not an air-cooled heat exchanger as in FIG. 1 in this case, but it is cooled by a separate cooling circuit 21 with an extra cooling radiator 22 and a cooling liquid which absorbs heat from the radiator 11 and gives this heat back at the height of the radiator 12 to thus re-heat the gas mixture”), and wherein the heat exchange apparatus is arranged to receive compressed atmospheric air from the compressor unit at the first fluid inlet (Fig. 4, first radiator 11 receives air from compressor 4 at the inlet) and supply compressed atmospheric air from the first fluid outlet to the cooling unit (Fig. 4, outlet of first radiator 11 supplies the air to extra cooler 24), and receive filtered compressed atmospheric air from the filter unit at the second fluid inlet (Fig. 4, inlet of second radiator 12 receives air from water separator 13) and supply filtered compressed atmospheric air from the second fluid outlet to the gas separator (Fig. 4, outlet of second radiator 12 supplies air to membrane separator 3), operating the compressor unit to draw atmospheric air through the air intake unit into the compressor unit (¶0026 “The gas mixture to be treated, for example ambient air, is sucked in by the compressor installation, as represented in Fig. 1, via the inlet 7 and the filter 5”); cooling the compressed atmospheric air with the heat exchange apparatus (¶0027 “the hot gas mixture to be treated flowing directly out of the compressor element 4 through the radiator 11 will be cooled”); cooling the compressed atmospheric air with the cooling unit (Fig. 4, after flowing through radiator 11 the air passes through extra cooler 24); filtering the compressed atmospheric air from the cooling unit with the filter unit (Fig. 4, air passes from the extra cooler 24 to the water separator 13); heating the filtered compressed atmospheric air from the filter unit with the heat exchange apparatus (¶0027 “after further cooling in the water separator 13, will be re-heated in the radiator 12 before flowing to the membrane separator 3.”); separating the compressed atmospheric air from the heat exchange apparatus with the gas separator (Fig. 4, air moves from the second radiator 12 to the membrane separator 3); and providing the separated compressed gas from the gas separator to the separated gas outlet (Fig. 4, the gas moves through membrane separator 3 to exit 18).
Regarding claim 17, Van Hove teaches a gas processing apparatus (Fig. 4) comprising: an air intake unit (Fig. 4, suction filter 5); a compressor unit (Fig. 4, compressor 4), the compressor unit being operable to draw atmospheric air through the air intake unit and into the compressor unit (Fig. 4, compressor 4 receives air from suction filter 5); a cooling unit (Fig. 4, extra cooler 24), the cooling unit being configured to cool the compressed atmospheric air from the compressor unit (Fig. 4, extra cooler 24 receives air from compressor 4); a filter unit (Fig. 4, water separator 13), the filter unit being configured to filter the compressed atmospheric air from the cooling unit (Fig. 4, water separator 13 receives air from extra cooler 24); a heat exchange apparatus (Fig. 4, heat exchanger 10) comprising: a body portion having: a first fluid inlet (Fig. 4, inlet of first radiator 11); a first fluid outlet (Fig. 4, outlet of first radiator 11); a second fluid inlet (Fig. 4, inlet of second radiator 12); a second fluid outlet (Fig. 4, outlet of second radiator 12); a first fluid conduit arranged between the first fluid inlet and the first fluid outlet (Fig. 4, air passes through first radiator 11 from inlet to outlet); and a second fluid conduit arranged between the second fluid inlet and the second fluid outlet (Fig. 4, air passes through second radiator 12 from inlet to outlet), wherein the first fluid conduit and the second fluid conduit are arranged to allow heat to be exchanged between each conduit (¶0032 “The heat exchanger 10 is not an air-cooled heat exchanger as in FIG. 1 in this case, but it is cooled by a separate cooling circuit 21 with an extra cooling radiator 22 and a cooling liquid which absorbs heat from the radiator 11 and gives this heat back at the height of the radiator 12 to thus re-heat the gas mixture”); and a filtered compressed atmospheric air outlet (Fig. 4, filtered compressed atmospheric air exits the heat exchanger 10 through supply line 16), the filtered compressed atmospheric air outlet being configured to receive the compressed filtered atmospheric air from the heat exchange apparatus (Fig. 4, air flows through second radiator 12 to supply line 16), wherein the heat exchange apparatus is arranged to receive compressed atmospheric air from the compressor unit at the first fluid inlet (Fig. 4, first radiator 11 receives air from compressor 4) and supply compressed atmospheric air from the first fluid outlet to the cooling unit (Fig. 4, air exits first radiator 11 and passes to extra cooler 24), and receive filtered compressed atmospheric air from the filter unit at the second fluid inlet (Fig. 4, second radiator 12 receives air from water separator 13) and supply filtered compressed atmospheric air from the second fluid outlet to the filtered compressed atmospheric air outlet (Fig. 4, air travels through second radiator 12 to supply line 16).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2, 4, 6-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Van Hove, and further in view of U.S. Publication No. US 2015/0114611 A1 to Morris et al. (hereinafter referred to as Morris).
Regarding claim 2, Van Hove teaches the gas generation apparatus as applied to claim 1. Van Hove does not teach wherein the first fluid inlet of the body portion of the heat exchange apparatus is located towards an end portion of the body portion, and the first fluid outlet is located towards an opposite end portion of the body portion.
However, Morris teaches a heat exchanger (Fig. 5a), wherein said heat exchanger has a first fluid inlet (Fig. 5a, inlet portion 251), a first fluid outlet (Fig. 5a, outlet portion 252), a second fluid inlet (Fig. 5a, inlet portion 254), and a second fluid outlet (Fig. 5a, outlet portion 253). The first fluid inlet of the body portion of the heat exchange apparatus as taught by Morris is located towards an end portion of the body portion, and the first fluid outlet is located towards an opposite end of the body portion (See Fig. 5a). Morris additionally teaches that traditional heat exchangers are susceptible to thermo-mechanical fatigue, and it is therefore necessary to provide a solution that allows for maintaining heat exchange performance efficiency while increasing the longevity of the heat exchanger (See ¶0003-0004).
Van Hove is considered analogous to the claimed invention because it is in the same field of gas separation. Morris is considered analogous to the claimed invention because it is reasonably pertinent to the particular problem with which the inventor was concerned (providing a heat exchange apparatus which allows for indirect transfer of heat between fluid conduits). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas generation apparatus as taught by Van Hove to include the heat exchanger as taught by Morris in order to improve the longevity of the heat exchanger while maintaining the efficiency of the device. Furthermore, simple substitution of one known element for another to obtain predictable results supports a prima facie case of obviousness. See MPEP § 2143(I)(B).
Regarding claim 4, Van Hove teaches the gas generation apparatus as applied to claim 1 above. Van Hove does not teach wherein the first fluid inlet and first fluid outlet of the body portion of the heat exchange apparatus are arranged to be substantially parallel to a lateral axis of the body portion.
However, However, Morris teaches a heat exchanger (Fig. 5a), wherein said heat exchanger has a first fluid inlet (Fig. 5a, inlet portion 251), a first fluid outlet (Fig. 5a, outlet portion 252), a second fluid inlet (Fig. 5a, inlet portion 254), and a second fluid outlet (Fig. 5a, outlet portion 253). The first fluid inlet and first fluid outlet of the body portion of the heat exchange apparatus as taught by Morris are substantially parallel to a lateral axis of the body portion (see annotated figure below).
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Morris additionally teaches that traditional heat exchangers are susceptible to thermo-mechanical fatigue, and it is therefore necessary to provide a solution that allows for maintaining heat exchange performance efficiency while increasing the longevity of the heat exchanger (See ¶0003-0004).
Van Hove is considered analogous to the claimed invention because it is in the same field of gas separation. Morris is considered analogous to the claimed invention because it is reasonably pertinent to the particular problem with which the inventor was concerned (providing a heat exchange apparatus which allows for indirect transfer of heat between fluid conduits). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas generation apparatus as taught by Van Hove to include the heat exchanger as taught by Morris in order to improve the longevity of the heat exchanger while maintaining the efficiency of the device. Furthermore, simple substitution of one known element for another to obtain predictable results supports a prima facie case of obviousness. See MPEP § 2143(I)(B).
Regarding claim 6, Van Hove teaches the gas generation apparatus as applied to claim 1 above. Van Hove does not teach wherein the body portion of the heat exchange apparatus includes a first member and a second member, the first member being a hollow cylinder with an outer wall portion and an inner wall portion, and the second member being a hollow cylinder with an outer wall portion and an inner wall portion.
However, Morris teaches a heat exchanger (Fig. 5a), wherein the body portion of the heat exchange apparatus includes a first member (Fig. 5a, cylindrical heat exchanger mid portion 255) and a second member (Fig. 4a, tube 402), the first member being a hollow cylinder with an outer wall portion and an inner wall portion (see annotated figure below), and the second member being a hollow cylinder with an outer wall portion and an inner wall portion (see annotated figure below).
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Morris additionally teaches that traditional heat exchangers are susceptible to thermo-mechanical fatigue, and it is therefore necessary to provide a solution that allows for maintaining heat exchange performance efficiency while increasing the longevity of the heat exchanger (See ¶0003-0004).
Van Hove is considered analogous to the claimed invention because it is in the same field of gas separation. Morris is considered analogous to the claimed invention because it is reasonably pertinent to the particular problem with which the inventor was concerned (providing a heat exchange apparatus which allows for indirect transfer of heat between fluid conduits). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas generation apparatus as taught by Van Hove to include the heat exchanger as taught by Morris in order to improve the longevity of the heat exchanger while maintaining the efficiency of the device. Furthermore, simple substitution of one known element for another to obtain predictable results supports a prima facie case of obviousness. See MPEP § 2143(I)(B).
Regarding claim 7, Van Hove and Morris teach the gas generation apparatus as applied to claim 6 above. Morris further teaches wherein the diameter of the first member is greater than the diameter of the second member (Fig. 5B shows that tube 402 has a smaller diameter than mid portion 255).
Regarding claim 8, Van Hove and Morris teach the gas generation apparatus as applied to claim 6 above. Morris further teaches wherein the second member is positioned within the first member (Fig. 5A shows that tube 402 extends within mid portion 255).
Regarding claim 9, Van Hove and Morris teach the gas generation apparatus as applied to claim 8 above. Morris further teaches wherein the side portions of the body member of the heat exchange apparatus support the second member in position within the first member (see annotated figure below).
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Regarding claim 10, Van Hove and Morris teach the gas generation apparatus as applied to claim 8 above. Morris further teaches wherein the first and second members of the body portion of the heat exchange apparatus are arranged such that their longitudinal axes are collinear (Fig. 5A, tube 402 and mid portion 255 are arranged such that they have the same longitudinal axis and are therefore collinear).
Regarding claim 11, Van Hove and Morris teach the gas generation apparatus as applied to claim 8 above. Morris further teaches wherein the second member of the body portion of the heat exchange apparatus is space from the first member (Fig. 5B shows that there is space between the inner portion of mid portion 255 and the outer portion of tube 402).
Regarding claim 12, Van Hove and Morris teach the gas generation apparatus as applied to claim 8 above. Morris further teaches wherein the outer wall portion of the second member of the body portion of the heat exchange apparatus is spaced from the inner wall portion of the first member, such that an annular cylindrical void exists between the first member and the second member (Fig. 5B shows that there is space between the inner portion of mid portion 255 and the outer portion of tube 402 ; as both members are hollow cylinders, the space between them defines an annular cylindrical void on both sides of the heat exchange apparatus).
Regarding claim 13, Van Hove and Morris teach the gas generation apparatus as applied to claim 12 above. Morris further teaches wherein the annular cylindrical void defines the first fluid conduit of the body portion (¶0029 “Each heat exchanger second flow passage 406 is configured to direct the supplied fan air 203 along the associated tube 402, within mid portion 255 in a countercurrent manner against the hot air flow within the tube 402.”).
Regarding claim 14, Van Hove and Morris teach the gas generation apparatus as applied to claim 12 above. Morris further teaches wherein the first fluid conduit surrounds the second member (Fig. 4A depicts second flow passage 406, which surrounds tube 402).
Regarding claim 15, Van Hove and Morris teach the gas generation apparatus as applied to claim 8 above. Morris further teaches wherein the second member of the body portion defines the second fluid conduit (Fig. 4A depicts first flow passage 404 with runs through the interior of tube 402).
Regarding claim 18, Van Hove teaches the gas processing apparatus as applied to claim 17 above. Van Hove does not teach wherein the body portion of the heat exchange apparatus includes a first member and a second member, the first member being a hollow cylinder with an outer wall portion and an inner wall portion, and the second member being a hollow cylinder with an outer wall portion and an inner wall portion.
However, Morris teaches a heat exchanger (Fig. 5a), wherein the body portion of the heat exchange apparatus includes a first member (Fig. 5a, cylindrical heat exchanger mid portion 255) and a second member (Fig. 4a, tube 402), the first member being a hollow cylinder with an outer wall portion and an inner wall portion (see annotated figure above in relation to claim 6), and the second member being a hollow cylinder with an outer wall portion and an inner wall portion (see annotated figure above in relation to claim 6). Morris additionally teaches that traditional heat exchangers are susceptible to thermo-mechanical fatigue, and it is therefore necessary to provide a solution that allows for maintaining heat exchange performance efficiency while increasing the longevity of the heat exchanger (See ¶0003-0004).
Van Hove is considered analogous to the claimed invention because it is in the same field of gas separation. Morris is considered analogous to the claimed invention because it is reasonably pertinent to the particular problem with which the inventor was concerned (providing a heat exchange apparatus which allows for indirect transfer of heat between fluid conduits). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the gas generation apparatus as taught by Van Hove to include the heat exchanger as taught by Morris in order to improve the longevity of the heat exchanger while maintaining the efficiency of the device. Furthermore, simple substitution of one known element for another to obtain predictable results supports a prima facie case of obviousness. See MPEP § 2143(I)(B).
Regarding claim 19, Van Hove and Morris teach the gas processing apparatus as applied to claim 18 above. Morris further teaches wherein the second member is positioned within the first member (Fig. 5A shows that tube 402 extends within mid portion 255).
Regarding claim 20, Van Hove and Morris teach the gas processing apparatus as applied to claim 19 above. Morris further teaches wherein the outer wall portion of the second member of the body portion of the heat exchange apparatus is spaced from the wall portion of the first member, such that an annular cylindrical void exists between the first member and the second member (Fig. 5B shows that there is space between the inner portion of mid portion 255 and the outer portion of tube 402 ; as both members are hollow cylinders, the space between them defines an annular cylindrical void on both sides of the heat exchange apparatus), wherein the annular cylindrical void defines the first fluid conduit of the body portion (¶0029 “Each heat exchanger second flow passage 406 is configured to direct the supplied fan air 203 along the associated tube 402, within mid portion 255 in a countercurrent manner against the hot air flow within the tube 402.”), wherein the first fluid conduit surrounds the second member (Fig. 4A depicts second flow passage 406, which surrounds tube 402), and wherein the second member of the body portion defines the second fluid conduit (Fig. 4A depicts first flow passage 404 with runs through the interior of tube 402).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schwalm (US 2006/0117956 A1) teaches a gas generation apparatus which includes a compressor, heat exchanger, cooler, filter, and gas separation module.
Flores (US 5701751) teaches a double-pipe heat exchanger.
Kim (US 2011/0168369 A1) teaches a double-pipe heat exchanger.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL MARIE SLAUGOVSKY whose telephone number is (571)272-0188. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JENNIFER DIETERLE can be reached at (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL MARIE SLAUGOVSKY/Examiner, Art Unit 1773
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776