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 .
Response to Amendment
The amendment filed on 01/27/2026 has been entered.
Election/Restrictions
Applicant’s election without traverse of Species A, claims 1-15 and 17-22 in the reply filed on 01/27/2026 is acknowledged.
Claim 16 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/27/2026.
Claim Objections
Claims 18 and 22 objected to because of the following informalities:
Claims 18 and 22, the phase “first surface photopic average reflectance” should be “first surface average photopic reflectance” for the purpose of consistency (see claims 4 and 7).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-15 and 17-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amin US 20150322270 in view of Kim US 2021/0286106.
1. Amin discloses an article, in at least figs.1-6, 27-32, 38 and 39 comprising: a substrate (110) comprising a first major surface (112), the first major surface comprising a first portion (central portion) and a second portion (edge portion) (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons, so that the edge portion of the substrate can be curved), wherein a first direction that is normal to the first portion of the first major surface is not the same as a second direction that is normal to the second portion of the first major surface (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons); and
an optical coating (120) disposed on both the first portion and the second portion of the first major surface, the optical coating forming an anti-reflective surface and comprising a total thickness (see tables 12 and 13),
wherein the total thickness of the optical coating (i) measured in the first direction normal to the first portion is less than 1000 nm (see tables 12 and 13); and
the optical coating disposed on the substrate exhibits a first surface reflected color characterized by International Commission on Illumination (“CIE”) L*a*b* color space values of: (i) a*, from −6.0 to +4.5, and (ii) b*, from −11.0 to +6.0, under illumination from CIE standard illuminant D65, at all viewing angles within a range of from 0 degrees to 10 degrees relative to a normal of the first major surface at both (i) the first portion and (ii) the second portion (see figs.27-32 and claim 24).
Amin does not explicitly disclose the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion is less than the maximum value measured in the first direction normal to the first portion, and second portion where the total thickness of the optical coating is within a range of 75% to 90% of the maximum value of the total thickness.
Kim discloses an article, in at least figs.1-9, the total thickness of the optical coating (420, 520, 820 or 920) has a maximum value at the first portion (401a), and the total thickness measured in the second direction normal to the second portion (401b) is less than the maximum value measured in the first direction normal to the first portion (see figs.4A-9), and second portion where the total thickness of the optical coating is within a range of 75% to 90% of the maximum value of the total thickness (see figs.4A-9) for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion is less than the maximum value measured in the first direction normal to the first portion, and second portion where the total thickness of the optical coating is within a range of 75% to 90% of the maximum value of the total thickness as taught by Kim in the article of Amin for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance.
2. Amin in view of Kim discloses the optical coating disposed on the substrate exhibits a first surface reflected color characterized by International Commission on Illumination (“CIE”) L*a*b* color space values of: (i) a*, from −6.0 to +6.0, and (ii) b*, from −12.0 to +7.5, under illumination from CIE standard illuminant D65, at all viewing angles within a range of from 0 degrees to 90 degrees relative to a normal of the first major surface at both (i) the first portion and (ii) the second portion where the total thickness of the optical coating is within a range of from 75% to 90% of the maximum value of the total thickness (see figs.27-32 and claim 24) for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract). The reason for combining is the same as claim 1.
3. Amin in view of Kim discloses the optical coating disposed on the substrate exhibits a first surface reflected color characterized by International Commission on Illumination (“CIE”) L*a*b* color space values of: (i) a*, from −6.0 to +2.0, and (ii) b*, from −12.0 to +4.0, under illumination from CIE standard illuminant D65, at all viewing angles within a range of from 0 degrees to 90 degrees relative to a normal of the first major surface at both (i) the first portion and (ii) the second portion where the total thickness of the optical coating is within a range of from 75% to 90% of the maximum value of the total thickness (see figs.29-32 and claim 24) for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract). The reason for combining is the same as claim 1.
4. Amin in view of Kim discloses the article at the optical coating exhibits a first surface average photopic reflectance within a range of from 0.30% to 1.60% for any incidence angle within a range of from 0 degrees to 30 degrees relative to a normal of the first major surface at both (i) the first portion and (ii) the second portion where the total thickness of the optical coating is within a range of from 75% to 90% of the maximum value of the total thickness (see figs.27-32 and para.90 and 91 and claim 24); and
the article at the optical coating exhibits a first surface average photopic reflectance within a range of from 0.30% to 2.80% for any incidence angle within a range of from 0 degrees to 45 degrees relative to a normal of the first major surface at both (i) the first portion and (ii) the second portion where the total thickness of the optical coating is such as within a range of from 75% to 90% of the maximum value of the total thickness (see figs.27-32 and para.90 and 91 and claim 24) for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract). The reason for combining is the same as claim 1.
5. Amin discloses the article at the optical coating exhibits a first surface average reflectance within a range of from 0.5% to 2.0% across an entire wavelength range of from 840 nm to 860 nm for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see at least figs.29 and 30); and
the article at the optical coating exhibits a first surface average reflectance within a range from 1.0% to 5.0% across an entire wavelength range of from 930 nm to 950 nm for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see at least figs.29 and 30).
6. Amin discloses the article at the optical coating exhibits, for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion, a first surface reflectance of: (i) less than 1.0% across an entire wavelength range of from 625 nm to 820 nm; (ii) less than 1.5% across an entire wavelength range of from 540 nm to 870 nm; and (iii) less than 2.0% across an entire wavelength range of from 440 nm to 900 nm (see fig.29).
7. Amin discloses the article at the optical coating exhibits a first surface average photopic reflectance within a range of from 0.70% to 1.50% for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see figs.27-32 and para.90 and 91 and claim 24).
8. Amin discloses for an incidence angle normal to the first portion, the article through the optical coating exhibits (i) a two surface average photopic transmittance within a range of from 94.5% to 95.5%, (ii) a two surface transmittance within a range of from 94.5% to 95.9% across an entire wavelength range of from 840 nm to 860 nm, and (iii) a two surface transmittance within a range of from 93.0% to 95.0% across an entire wavelength range of from 930 nm to 950 nm (see at least figs.29, 30, 38 and 39, para.89 and abstract, based on figs.38 and 39, figs.29 and 30 having more flat two surface average photopic transmittance for wavelength range of from 840nm to 950nm).
9. Amin discloses the optical coating comprises six or less layers that comprise a repeating period of a layer of a low refractive index material and a layer of a high refractive index material (see table 12); the layer of the high refractive index material of the optical coating disposed furthest from the substrate has a thickness over the first portion of the substrate that is greater than or equal to 100 nm (see table 12); at least 50%, by thickness, of a 250 nm thick portion of the total thickness of the optical coating over the first portion that is disposed furthest from the substrate is high refractive index material (table 12) and the total thickness of the optical coating disposed over the first portion of the substrate is within a range of from 320 nm to 800 nm (see table 12).
10. Amin discloses the layer of low refractive index material of the optical coating disposed closest to the substrate has a thickness over the first portion of the first major surface (see table 12).
Amin in view of Kim does not explicitly disclose the thickness is within a range of from 150 nm to 250 nm. However, one of ordinary skill in the art would have been led to that is within a range of from 150 nm to 250 nm through routine experimentation and optimization, in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The Applicant has not disclosed that the range is for a particular unobvious purpose, produce an unexpected/significant result, or are otherwise critical, and it appears prima facie that the process would possess utility using another range. Indeed, it has been held that mere range limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the thickness is within a range of from 150 nm to 250 nm in the article of Amin in view of Kim for the purpose of forming the antireflective coating with abrasion resistance, low reflectivity, and colorless transmittance and/or reflectance (para.2).
11. Amin discloses the thickness of the layer of high refractive index material disposed furthest from the substrate, over the first portion of the first major surface, is within a range of from 140 nm to 170 nm (167nm, see table 12).
12. Amin discloses the optical coating comprises:
a first layer (second layer with 57 nm) disposed on the substrate, the first layer comprising (i) low refractive index material and (ii) a thickness on the first portion of the substrate (see table 12);
a second layer (first layer with 14 nm) disposed on the first layer, the second layer comprising (i) high refractive index material and (ii) a thickness within a range of from 10 nm to 25 nm on the first portion of the substrate (see table 12);
a third layer (fourth layer with 31 nm) disposed on the second layer, the third layer comprising (i) low refractive index material and (ii) a thickness within a range of from 30 nm to 50 nm on the first portion of the substrate (see table 12);
a fourth layer (fifth layer with 167 nm) disposed on the third layer, the fourth layer comprising (i) high refractive index material and (ii) a thickness within a range of from 100 nm to 250 nm on the first portion of the substrate (see table 12); and
a fifth layer (sixth layer with 95 nm) disposed on the fourth layer, the fifth layer comprising (i) low refractive index material and (ii) a thickness within a range of from 60 nm to 150 nm on the first portion of the substrate (see table 12).
Amin does not explicitly disclose the thicknesses of each of the first layer through the fifth layer are less on the second portion of the substrate than on the first portion of the substrate.
Kim discloses an article, in at least figs.1-9, the thicknesses of each of the first layer through the fifth layer are less on the second portion (edge portion or 401b) of the substrate than on the first portion (401a) of the substrate for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the thicknesses of each of the first layer through the fifth layer are less on the second portion of the substrate than on the first portion of the substrate as taught by Kim in the article of Amin for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance.
Moreover, Amin in view of Kim does not explicitly disclose the thickness is within a range of from 150 nm to 250 nm. However, one of ordinary skill in the art would have been led to that is within a range of from 150 nm to 250 nm through routine experimentation and optimization, in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The Applicant has not disclosed that the range is for a particular unobvious purpose, produce an unexpected/significant result, or are otherwise critical, and it appears prima facie that the process would possess utility using another range. Indeed, it has been held that mere range limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produce an unexpected result, or are otherwise critical. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the thickness is within a range of from 150 nm to 250 nm in the article of Amin in view of Kim for the purpose of forming the antireflective coating with abrasion resistance, low reflectivity, and colorless transmittance and/or reflectance (para.2).
13. Amin discloses the thickness of the fourth layer on the first portion of the substrate is within a range of from 100 nm to 200 nm (167nm, see table 12).
14. Amin discloses the low refractive index material has a refractive index within a range of from 1.44 to 1.55 (see table 12); the high refractive index material has a refractive index within a range of from 1.8 to 2.5 (see table 12); and the number of layers of the optical coating is six or less (see table 12).
15. Amin discloses the total thickness of the optical coating over the first portion of the first major surface of the substrate is within a range of from 320 nm to 700 nm (see 401, table 12, 352, table 13).
17. Amin in view of Kim discloses the substrate comprises a glass or glass-ceramic composition (para.97), and the substrate is chemically strengthened (para.97 and 101); the first portion of the first major surface of the substrate is substantially planar (para.98); and the second portion of the first major surface of the substrate is curved or faceted (para.98) for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract). The reason for combining is the same as claim 1.
18. Amin discloses the article at the optical coating exhibits a first surface average photopic reflectance less than 1.6% for an incidence angle within a range of from 0 degrees to 10 degrees relative to a normal of the first portion (see figs.29-32 and para.90 and 91 and claim 24);
the article at the optical coating exhibits a first surface average reflectance within a range of from 0.2% to 1.6% across an entire wavelength range of from 840 nm to 860 nm for an incidence angle within a range of from 0 degrees to 10 degrees relative to a normal of the first portion (see figs.29-32); and
the article at the optical coating exhibits a first surface average reflectance within a range from 0.2% to 2.0% across an entire wavelength range of from 930 nm to 950 nm for an incidence angle within a range of from 0 degrees to 10 degrees relative to a normal of the first portion (see figs.29-32).
19. Amin does not explicitly disclose the article is of a consumer electronic product, the consumer electronic product further comprising: a housing comprising a back surface and side surfaces; and electrical components at least partially housed within the housing, the electrical components comprising a controller, memory, a display, and a sensor, wherein the article and the housing cooperate to separate the electrical components from an environment external to the consumer electronic product, the display is configured to transmit visible electromagnetic radiation through the article to the environment external to the consumer electronic product, and the sensor is configured to detect electromagnetic radiation having a wavelength within a range of from 800 nm to 1000 nm that transmits through the article from the environment external to the sensor.
Kim discloses an article, in at least figs.1-9, the article is of a consumer electronic product (100), the consumer electronic product further comprising: a housing (320 with 380) comprising a back surface and side surfaces (see fig.3); and electrical components at least partially housed within the housing, the electrical components comprising a controller (para.33), memory (para.33), a display (330), and a sensor (104, 116 and 119, para.25 and 27), wherein the article and the housing cooperate to separate the electrical components from an environment external to the consumer electronic product (see figs.1-3), the display is configured to transmit visible electromagnetic radiation through the article to the environment external to the consumer electronic product (see figs.1-3), and the sensor is configured to detect electromagnetic radiation having a wavelength within a range of from 800 nm to 1000 nm that transmits through the article from the environment external to the sensor (see figs.1-7B, para.25 and 27) for the purpose of having a consumer electronic product with an article with an antireflective coating with high transmittance and low reflectance (abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the article is of a consumer electronic product, the consumer electronic product further comprising: a housing comprising a back surface and side surfaces; and electrical components at least partially housed within the housing, the electrical components comprising a controller, memory, a display, and a sensor, wherein the article and the housing cooperate to separate the electrical components from an environment external to the consumer electronic product, the display is configured to transmit visible electromagnetic radiation through the article to the environment external to the consumer electronic product, and the sensor is configured to detect electromagnetic radiation having a wavelength within a range of from 800 nm to 1000 nm that transmits through the article from the environment external to the sensor as taught by Kim in the article of Amin for the purpose of having a consumer electronic product with an article with an antireflective coating with high transmittance and low reflectance.
20. Amin discloses an article, in at least figs.1-6, and 27-32, comprising: a substrate (110) comprising a first major surface (112), the first major surface comprising a (central portion) and a second portion (edge portion) (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons, so that the edge portion of the substrate can be curved), wherein a first direction that is normal to the first portion is not the same as a second direction that is normal to the second portion (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons); and
an optical coating (120) disposed on both the first portion and the second portion of the first major surface, the optical coating forming an anti-reflective surface (see table 12) and comprising: a number of layers that comprise a repeating period of a layer of a low refractive index material and a layer of a high refractive index material (see table 12), wherein (i) the layer of the high refractive index material disposed furthest from the substrate has a thickness over the first portion of the first major surface that is greater than or equal to 100 nm (see table 12) and (ii) at least 40%, by thickness, of a 250 nm thick portion of the total thickness of the optical coating over the first portion that is disposed furthest from the substrate is high refractive index material (see table 12); and a total thickness (i) measured in the first direction normal to the first portion that is within a range of from 320 nm to 1000 nm (see table 12).
Amin does not explicitly disclose the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion that is less than the maximum value measured in the first direction normal to the first portion.
Kim discloses an article, in at least figs.1-9, the total thickness of the optical coating (420, 520, 820 or 920) has a maximum value at the first portion (401a), and the total thickness measured in the second direction normal to the second portion (401b) that is less than the maximum value measured in the first direction normal to the first portion for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion that is less than the maximum value measured in the first direction normal to the first portion as taught by Kim in the article of Amin for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance.
21. Amin discloses an article, in at least figs.1-6, and 27-32, comprising: a substrate (110) comprising a first major surface (112), the first major surface comprising a (central portion) and a second portion (edge portion) (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons, so that the edge portion of the substrate can be curved), wherein a first direction that is normal to the first portion of the first major surface is not the same as a second direction that is normal to the second portion of the first major surface (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons, so that the edge portion of the substrate can be curved); and
an optical coating (120) disposed on both the first portion and the second portion of the first major surface, the optical coating forming an anti-reflective surface and comprising a total thickness (see tables 12 and 13), wherein the total thickness of the optical coating (i) measured in the first direction normal to the first portion is less than or equal to 800 nm (see tables 12 and 13);
the article at the optical coating exhibits a first surface average reflectance within a range of from 0.5% to 2.0% across an entire wavelength range of from 840 nm to 860 nm for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see at least figs.29 and 30); and
the article at the optical coating exhibits a first surface average reflectance within a range from 1.0% to 5.0% across an entire wavelength range of from 930 nm to 950 nm for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see at least figs.29 and 30);
wherein, the article at the optical coating exhibits a maximum hardness within in a range of from 8.5 GPa to 15 GPa (para.72 and abstract).
Amin does not explicitly disclose the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion is less than the maximum value measured in the first direction normal to the first portion.
Kim discloses an article, in at least figs.1-9, the total thickness of the optical coating (420, 520, 820 or 920) has a maximum value at the first portion (401a), and the total thickness measured in the second direction normal to the second portion (401b) is less than the maximum value measured in the first direction normal to the first portion for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion is less than the maximum value measured in the first direction normal to the first portion as taught by Kim in the article of Amin for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance.
22. Amin discloses an article, in at least figs.1-6, and 27-32, comprising: a substrate (110) comprising a first major surface (112), the first major surface comprising a (central portion) and a second portion (edge portion) (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons, so that the edge portion of the substrate can be curved), wherein a first direction that is normal to the first portion of the first major surface is not the same as a second direction that is normal to the second portion of the first major surface (para.98 and 99 disclose a curved substrate and the physical thickness of the substrate may vary along one or more of its dimensions for aesthetic and/or functional reasons, so that the edge portion of the substrate can be curved); and
an optical coating (120) disposed on both the first portion and the second portion of the first major surface, the optical coating forming an anti-reflective surface and comprising a total thickness (see tables 12 and 13), wherein the total thickness of the optical coating (i) measured in the first direction normal to the first portion is less than or equal to 800 nm (see tables 12 and 13);
the article at the optical coating exhibits a first surface average photopic reflectance less than 1.6% for an incidence angle within a range of from 0 degrees to 10 degrees relative to a normal of the first portion (see figs.29-32 and para.90 and 91 and claim 24); and
the article at the optical coating exhibits a first surface average reflectance within a range of from 0.2% to 1.6% across an entire wavelength range of from 840 nm to 860 nm for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see at least figs.29 and 30); and
the article at the optical coating exhibits a first surface average reflectance within a range from 0.2% to 2.0% across an entire wavelength range of from 930 nm to 950 nm for an incidence angle within a range of from 0 degrees to 6 degrees relative to a normal of the first portion (see at least figs.29 and 30);
wherein, the article at the optical coating exhibits a maximum hardness within in a range of from 8.5 GPa to 15 GPa (para.72 and abstract).
Amin does not explicitly disclose the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion is less than the maximum value measured in the first direction normal to the first portion.
Kim discloses an article, in at least figs.1-9, the total thickness of the optical coating (420, 520, 820 or 920) has a maximum value at the first portion (401a), and the total thickness measured in the second direction normal to the second portion (401b) is less than the maximum value measured in the first direction normal to the first portion for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance (abstract).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the total thickness of the optical coating has a maximum value at the first portion, and the total thickness measured in the second direction normal to the second portion is less than the maximum value measured in the first direction normal to the first portion as taught by Kim in the article of Amin for the purpose of forming an article with an antireflective coating with high transmittance and low reflectance.
Contact Information
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim US 2021/0286106 (figs.1-9), Hart US 20210122671 (figs.1-8) can be a primary reference as well.
Also, Hart US 2023/0010461, Amin US 20230273345 and Amin US 2023/0359074 can be a primary reference as well and can be overcome with a same assignee statement.
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/JIA X PAN/Primary Examiner, Art Unit 2871