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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/25/2025 has been entered.
Response to Arguments
Applicant’s arguments, see pages 7-9, with respect to the rejection(s) of claim(s) 1 and 17 under 35 U.S.C. 103 have been fully considered and are at least partially persuasive. Claim 1 has been amended to recite “wherein the air inlet is comprised of a curve that extends from an opening toward the air duct.” Applicant argues that LG does not disclose “the air inlet having a first distal end of a first shape and a first proximal end of a second shape, the air inlet having a first cross-section that tapers from the first distal end to the first proximal end wherein the air inlet is comprised of a reverse curve-shape that extends proximally from the distal opening toward the air duct, the reverse curve comprising an upwardly concave portion that is followed by an upwardly convex portion.” In response to Applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a first shape, a second shape, a reverse-curve shape) are not recited in claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Although not required by claim 1, Kurtz (DE 32 45 190 A1) discloses an air inlet (4) having a first distal end (at 6) of a first, rectangular cross-sectional shape and a first proximal end (connected to 11) of a second, circular cross-sectional shape, the air inlet tapering from the first cross-section at the first distal end to the second-cross sectional shape at the first proximal end [see Kurtz Figures 1-2]. The air inlet disclosed by LG does not include a curved shape between the opening of the air inlet and its opposing end. Therefore, the rejection of claim 1, and those depending therefrom, have been withdrawn. Claim 17 has been amended to recite “and wherein the air inlet is comprised of a reverse curve that extends proximally from a distal opening toward the air duct, the reverse curve comprising an upwardly concave portion that is followed by an upwardly convex portion.” The references cited in the rejection of claim 17 do not disclose the reverse curve. Therefore, the rejection of claim 17, and those depending therefrom, have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of the current amendments to the claims.
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 1-16 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 1 has been amended to recite “the air duct having a first distal end and a second distal end and a first proximal end and a second proximal end…the air duct having a second cross-section that tapers from the second distal end to the second proximal end.” In order for an air duct to have four separate ends, the duct would necessarily have a branch point that precludes a tapered cross-section between two of the four ends. The specification fails to provide a basis for interpreting the metes and bounds of the claim because the air duct is described as having only two ends, a distal inlet opening 164 and a proximal throttle opening 168 [see specification paragraph 0042]. Similarly, the air inlet is described as having only two ends, a distal opening 124 and an oval-shaped opening 148 [see specification 0040]. For the purposes of examination, claim 1 is being interpreted such that it recites “the air duct having a distal inlet opening and a proximal throttle opening…the air duct having a second cross-section that tapers from the distal inlet opening to the proximal throttle opening.”
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.
Claim(s) 1, 9 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over LG Motorsports (LG Carbon Air Intake for LS7/LS3), hereinafter “LG”, in view of Kurtz (DE 32 45 190 A1), in view of Stoltman (US Patent Number 4,200,073), and further in view of Tassinari (US Patent Application Publication 2010/0147244).
Regarding claim 1, LG discloses an air intake assembly for use with a Pro Stock vehicle comprising an engine equipped with a throttle body electronic fuel injection (this limitation is an intended use which LG’s intake is capable of being used with), the air intake assembly comprising:
an air inlet (1) configured to be disposed at a front of the vehicle (See LG Annotated Fig 1 below wherein the air inlet is disposed in an engine compartment at a front of the vehicle);
an air duct (2) to receive incident air from the air inlet (4) (See LG Annotated Fig 1 below); and
a throttle body adapter (3) to couple the air duct with the throttle body (4) (See LG Annotated Fig 1 below).
LG does not disclose the throttle body employing electronic fuel injection or the air duct has a second cross-section that continuously tapers from a second distal end of the air duct to a second proximal end of the air duct or wherein the air inlet is comprised of a curve that extends from an opening toward the air duct.
Kurtz discloses an air inlet (4) comprised of a curve that extends from an opening (6) toward an air duct (10) [as shown in Figures 1-2].
Kurtz suggests that the curve in the air inlet, formed by its funnel shape, functions to boost intake air pressure to the engine, thereby resulting in reduced fuel consumption for vehicles operated on gasoline fuel [0003-0006]. Kurtz teaches that the pressure boosting effect results from maximizing the cross-sectional area of the opening [0011] Kurtz also teaches that it is advisable to shape the outlet of the air inlet adjacent to the air duct to accept a standard hose or pipe connection [0012].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the air inlet disclosed by LG to include the shape and curve disclosed by Kurtz to boost intake air pressure to the engine, thereby reducing engine fuel consumption.
LG, as modified by Kurtz, does not disclose the throttle body employing electronic fuel injection or the air duct has a second cross-section that continuously tapers from a second distal end of the air duct to a second proximal end of the air duct.
Stoltman discloses an electronic throttle body fuel injection system (Title) (Col. 1, line 61-Col. 2, line 2, Col. 2, lines 29-32, as shown in the Figure).
Stoltman teaches that throttle body fuel injection systems are known in the art, and combined with electronic controls, they have a proven to meet various system requirements (Col. 1, lines 8-16). For example, Stoltman teaches that these systems can achieve a stoichiometric control of the air-fuel mixture supplied to the engine, thereby for example obtaining complete combustion, and a metered flow that is directly proportional to a demand signal (Col. 4, lines 1-7) (Col. 3, lines 62-68).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the throttle body of the air intake assembly disclosed by LG to include electronic fuel injection where it is desirable to operate the engine at a stoichiometric air fuel ratio so that complete combustion may be obtained and to obtain a fuel injection flow that is directly proportional to a demand signal.
Stoltman does not disclose wherein the air inlet is comprised of a curve that extends from an opening toward the air duct.
LG, as modified by Kurtz and Stoltman, does not disclose the air duct has a second cross-section that continuously tapers from a second distal end of the air duct to a second proximal end of the air duct.
Tassinari discloses an air duct (5) having a second distal end and a second proximal end, the air duct having a second cross-section that tapers from the second distal end to the second proximal end [0016, 0020, as shown in Figures 2 and 5].
Tassinari teaches that the power characteristics of an engine are dependent on the velocity and volume of air exiting the second proximal end of an air duct [0004]. Tassinari teaches that the air duct of his invention is easily interchangeable to tune the velocity and volume of air flow, and therefore the engine’s power characteristics, to better suit the driving terrain or the skill level of the vehicle operator [0006, 0024]. Tassinari teaches that fabrication of the air duct and its means of attachment are known to those skilled in the art [0021, 0023].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide a continuous taper from the second distal end to the second proximal end of the air duct disclosed by LG as disclosed by Tassinari in order to tune the velocity and volume of air flow entering the engine, thereby adjusting the engine’s power characteristics and allowing said characteristics to match the driving terrain or the skill level of the vehicle operator.
Regarding claim 9, LG further discloses wherein the air inlet and the air duct are configured to provide a direct route for air to be conducted from the front of the vehicle to the throttle body (See LG Annotated Fig 1 below).
Regarding claim 13, LG further discloses wherein the air duct comprises an elongate tube having a shape and size that taper from a distal inlet opening to a proximal throttle opening, the distal inlet opening being comprised of a shape and size that are substantially similar to a shape and size of a proximal opening of the air inlet, thereby providing a smooth transfer of an airstream from the air inlet into the air duct (See LG Annotated Figs 1 and 2 below).
Regarding claim 14, LG further discloses wherein the proximal throttle opening is comprised of a cross-sectional shape and a size that are substantially similar to a cross-sectional shape and a size of the throttle body adapter (See LG Annotated Fig 1 below).
Regarding claim 15, LG further discloses wherein the throttle body adapter is comprised of a proximal portion configured to be fastened onto the throttle body and a distal portion configured to be joined with the air duct by way of the second adapter (See LG Annotated Fig 1 below).
Regarding claim 16, LG further discloses wherein a central opening comprising the throttle body adapter is configured to conduct an airstream to the throttle body with advantageously little air turbulence, an inner surface of the central opening being configured to encourage laminar air flow of the airstream (LG describes flow through the throttle body adapter as “smooth” which one of ordinary skill in the art would understand to facilitate laminar flow).
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over LG Motorsports (LG Carbon Air Intake for LS7/LS3), hereinafter “LG”, in view of Kurtz (DE 32 45 190 A1), in view of Stoltman (US Patent Number 4,200,073) in view of Tassinari (US Patent Application Publication 2010/0147244) and further in view of Anderson (US Patent Application Publication 2015/0219261).
Regarding claims 2-5, LG, as modified by Kurtz, Stoltman and Tassinari, disclose the assembly of claim 1 as discussed above. LG further discloses wherein a first coupler is between the air inlet and the air duct, the first coupler is configured with a shape and size that substantially match a shape and size of an opening comprising each of the air inlet and the air duct (See LG Annotated Figs 1 and 2 below, where hose clamps are used to couple the air inlet to the air duct). LG does not disclose the hose clamps configured to maintain an airtight seal or one or more interior surfaces of the first coupler may be received onto smooth exterior surfaces of both the air inlet and the air duct.
Anderson discloses an air intake assembly comprising a first coupler (10) configured to maintain an airtight seal between two ducts used in an engine [0008, 0023-0024];
wherein the first coupler is configured such that one or more interior surfaces of the first coupler may be received onto smooth exterior surfaces of each component so as to form a substantially airtight seal therebetween [0025, wherein the coupler creates a leak-free seal];
wherein the first coupler is comprised of a distal portion (having end notch 154) and a proximal portion (122) that share an intervening flexible portion (114) configured to allow movement between two ducts [0043, 0045].
wherein the first coupler is comprised of a circumferential lip (144) configured to prevent a distal-most edge of one of the two ducts from being pushed into the flexible portion, the circumferential lip providing a smooth transitional surface configured to reduce air turbulence within an airstream flowing near the distal-most edge of the one duct [0041, as shown in Figures 5B and 6 the collar shoulder 144 is a smooth transitional surface between collar groove 140 and throat groove 146 and prevents one of the ducts corresponding to tubular body 12 from being pushed into the area bounded by the flexible portion].
Anderson teaches that even a slight break between the two components could allow contaminants to enter the air intake system of the engine [0004].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the first coupler disclosed by Anderson with the air inlet and air duct disclosed by LG to provide an airtight seal therebetween that prevents contaminants from entering the air intake system of the engine.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over LG Motorsports (LG Carbon Air Intake for LS7/LS3), hereinafter “LG”, in view of Kurtz (DE 32 45 190 A1), in view of Stoltman (US Patent Number 4,200,073) in view of Tassinari (US Patent Application Publication 2010/0147244) and further in view of Lutzer (US Patent Application Publication 2004/0146339).
Regarding claims 6-8, LG, as modified by Kurtz, Stoltman and Tassinari, discloses the assembly of claim 1 as discussed above, wherein LG further discloses wherein a second coupler is between the air duct and the throttle body adapter, such that the incident air is directed to the throttle body and such that (See LG Annotated Figs 1 and 2 below, where hose clamps are used to couple the air duct to the throttle body adapter).
LG does not disclose the hose clamps configured to maintain an airtight seal.
Lutzer discloses an assembly comprising a second coupler (10) configured to maintain an airtight seal between two ducts (8, 9), wherein the second coupler is configured with a shape and a size that substantially match a shape and a size of an opening of the two ducts, such that one or more interior surfaces of the second coupler may be received onto smooth exterior surfaces of the two ducts [0005-0006, as shown in Figures 1 or 2],
wherein the second coupler is comprised of a distal portion (5) and a proximal portion (6) that share a pair of intervening flexible portions (7) configured to allow movement of one duct relative to another [0012, 0023].
Lutzer teaches that second coupler achieves a mechanically-secure, gas tight junction while preventing excessive stresses from arising by accommodating allowing compression in the axial direction [0005, 0008, 0012].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the second coupler disclosed by LG for the second coupler disclosed by Lutzer because the coupler disclosed by Lutzer allows axial compression that prevents stresses from arising its structure thereby preventing, for example, premature failure, while similarly maintaining an airtight seal.
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over LG Motorsports (LG Carbon Air Intake for LS7/LS3), hereinafter “LG”, in view of Kurtz (DE 32 45 190 A1), in view of Stoltman (US Patent Number 4,200,073), in view of Tassinari (US Patent Application Publication 2010/0147244) and further in view of Velossa Tech (2013-2015 Focus ST Ram Air Big Mouth Intake Snorkel), hereinafter “Velossa.”
Regarding claim 10-12, LG, as modified by Kurtz, Stoltman and Tassinari, discloses the assembly of claim 9 as discussed above.
Velossa discloses an air inlet comprised of a nearly rectangular cross-sectional shape at a distal opening that is configured to receive a relatively large volume of incident air during forward movement of a vehicle (See Velossa Fig below);
wherein the air inlet is comprised of a reverse curve shape that extends proximally from the distal opening toward the air duct, the reverse curve comprising an upwardly concave portion that is followed by an upwardly convex portion (See Velossa Fig below);
wherein the air inlet is hollow and comprised of a tapered portion that extends from the distal opening to a proximal opening that is configured to smoothly couple with the air duct so as to conduct an airstream from the air inlet to the air duct with relatively little turbulence (See Velossa Fig below).
Velossa teaches that the assembly design cools ambient air entering the engine and maximizes airflow (See Velossa, page 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LG by providing an air inlet comprised of a reverse curve that extends proximally from the distal opening to the proximal opening, as disclosed by Velossa, for the air inlet disclosed by LG, for the purpose of providing cool ambient air to the engine with the maximum possible airflow (Velossa, Page 2).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LG Motorsports (LG Carbon Air Intake for LS7/LS3), hereinafter “LG”, in view of Velossa Tech (2013-2015 Focus ST Ram Air Big Mouth Intake Snorkel), hereinafter “Velossa,” in view of Yasuda (JP 2004-060629 A) in view of Anderson (US Patent Application Publication 2015/0219261) and further in view of Kurtz (DE 32 45 190 A1).
Regarding claim 17, LG discloses a method for an air intake assembly for use with a Pro Stock vehicle comprising an engine equipped with electronic fuel injection (this limitation is an intended use which LG’s intake is capable of being used with), the air intake assembly comprising:
configuring an air inlet (1) to direct incident air at a front of the vehicle into the air intake assembly (See LG Annotated Fig 1 below wherein the air inlet is disposed in an engine compartment at a front of the vehicle);
maintaining a seal between the air inlet and an air duct (2) by way of a first coupler (See LG Annotated Fig 1 below, where hose clamps are used to couple the air inlet to the air duct); and
joining the air duct with a throttle body adapter (3) by way of a second coupler (See LG Annotated Fig 1 below, where hose clamps are used to couple the throttle body adapter to the air duct);
establishing a coupling between the throttle body adapter and a throttle body (4) of the engine, such that the incident air is directed into the throttle body (See LG Annotated Fig 1 below).
LG does not disclose the first coupler creating an airtight seal or the coupling between the throttle body adapter and the throttle body being airtight. LG does not disclose the first distal end of the air inlet includes a first shape and a first proximal end of the air inlet includes a second shape different from the first shape. LG does not disclose wherein the air inlet is comprised of a reverse curve that extends proximally from a distal opening toward the air duct, the reverse curve comprising an upwardly concave portion that is followed by an upwardly convex portion.
Velossa discloses an air inlet is comprised of a reverse curve shape that extends proximally from the distal opening toward the air duct, the reverse curve comprising an upwardly concave portion that is followed by an upwardly convex portion (See Velossa Fig below).
Velossa teaches that the assembly design cools ambient air entering the engine and maximizes airflow (See Velossa, page 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LG by providing an air inlet comprised of a reverse curve that extends proximally from the distal opening to the proximal opening, as disclosed by Velossa, for the air inlet disclosed by LG, for the purpose of providing cool ambient air to the engine with the maximum possible airflow (Velossa, Page 2).
LG, as modified by Velossa, does not disclose the first coupler creating an airtight seal or the coupling between the throttle body adapter and the throttle body being airtight. LG does not disclose the first distal end of the air inlet includes a first shape and a first proximal end of the air inlet includes a second shape different from the first shape.
Yasuda discloses establishing an airtight coupling between a throttle body adapter (3) and a throttle body (2) of an engine [0006, “The fitting portion 2b of the throttle body 2 is formed with a large diameter, while the fitting portion 3b of the adapter 3 is formed with a small diameter, and an O-ring 6 is sandwiched between the two fitting portions 2b, 3b to maintain airtightness.”]
Yasuda teaches that when the engine includes a supercharger, the high supercharging pressure can cause the movement of the duct, resulting in leakage, which causes an uncontrolled amount of intake air entering the engine [0008].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling between the throttle body adapter and throttle body disclosed by LG, as disclosed by Yasuda, to prevent leakage on a supercharged engine and thereby allow accurate control of the engine intake air.
LG, as modified by Velossa and Yasuda, does not disclose the first coupler creating an airtight seal or a first distal end of the air inlet includes a first shape and a first proximal end of the air inlet includes a second shape different from the first shape.
Anderson discloses a method for an air intake assembly comprising a first coupler (10) configured to maintain an airtight seal between two engine components [0008, 0023-0024];
Anderson teaches that even a slight break between the two components could allow contaminants to enter the air intake system of the engine [0004].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the first coupler disclosed by Anderson with the air inlet and air duct disclosed by LG to provide an airtight seal therebetween that prevents contaminants from entering the air intake system of the engine.
LG, as modified by Velossa, Yasuda and Anderson, does not disclose a first distal end of the air inlet includes a first shape and a first proximal end of the air inlet includes a second shape different from the first shape.
Kurtz discloses configuring an air inlet (4) to direct incident air at a front of a vehicle into an air intake assembly (1, 2, 10), wherein the air inlet includes a first distal end (at 6) of a first shape and a first proximal end (at 7) of a second shape, the air inlet having a first cross-section that tapers from between the first shape of the first distal end of the air inlet to the second shape of the first proximal end of the air inlet [as shown in Figures 1-3, 0020: “The funnel-shaped component 4 consists of a tapered hollow body 5 with a rectangular air inlet opening 6 and a tubular connection piece 7”] [0019: “The dashed…[line] indicates the vehicle’s radiator grille. Behind the radiator grille…the funnel-shaped component 4 of the intake air pressure booster is mounted, which is shown in front view in Fig. 2 and in perspective view in Fig. 3”].
Kurtz teaches that the rectangular cross-section of the distal end is designed to accommodate fasteners for mounting the air inlet to the vehicle behind the radiator grille [0019-0020]. Kurtz also teaches that tubular cross-section of the proximal end is designed to fit standard hose clamps, shown in Figure 1 [“From Fig. 1 it can be seen that the tubular connecting piece 7 of the funnel-shaped component 4 is connected via a hose 10 to the intake piece 2 of the air intake device<sub>s</sub> which can be hermetically fastened to the two pieces by means of hose clamps 11”]. Finally, Kurtz teaches that an air inlet having this shape was tested on a vehicle and found to reduce fuel consumption, especially at very high driving speeds [0028-0033, 0003-0004: “The invention is based on the object of creating a simple arrangement or device with which it is possible to compensate for the pressure drop in the intake air flow for the engine that occurs at the air filter during normal vehicle movement and in particular increasing driving speed, in order to save fuel at high driving speeds associated with high engine speeds. This object is achieved by a device for reducing fuel consumption in motor vehicles with a gasoline engine and an air intake device with an intake manifold].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure the air inlet disclosed by LG to having a rectangular cross-section at its distal end and a circular cross-section at its proximal end as disclosed by Kurtz, because this configuration facilitates mounting of the air inlet at the front of the vehicle behind the radiator grille to receive incident air while accommodating a standard hose clamp connection at its other end, thereby, for example, enabling the part to fit into an existing vehicle with minimal necessary modifications. Furthermore, it would have been obvious to modify the air inlet disclosed by LG to use the cross-sectional shapes at either end disclosed by Kurtz because an air inlet having these shapes has been shown to reduce fuel consumption at high vehicle speeds by compensating for the pressure drop in the intake air flow to the engine that occurs at the intake air filter.
Regarding claim 18, LG further discloses wherein configuring the air inlet further comprises forming the air inlet and the air duct to provide a direct route for the incident air to be conducted from the front of the vehicle to the throttle body of the engine (See LG Annotated Figs 1 and 2 below).
Regarding claim 19, LG further discloses wherein joining further comprises configuring a proximal portion of the throttle body adapter to be fastened onto the throttle body and configuring a distal portion of the throttle body adapter to be coupled with the air duct by way of the second coupler (See LG Annotated Figs 1 and 2 below).
Regarding claim 20, LG further discloses wherein establishing further comprises configuring a central opening of the throttle body adapter to encourage substantially laminar flow of the incident air being conducted thereby to the throttle body (LG describes flow through the throttle body adapter as “smooth” which one of ordinary skill in the art would understand to facilitate laminar flow).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner
should be directed to JOSHUA CAMPBELL whose telephone number is (571) 272-8215. The examiner
can normally be reached on Monday - Friday 9:00 AM – 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
Lindsay M. Low can be reached on (571) 272-1196. The fax phone number for the organization where
this application or proceeding is assigned is 571-273-8300.
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/JOSHUA CAMPBELL/
Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747