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 and 10 are objected to because of the following informalities:
In claim 1, lines 8-9, “the left-side skirt fastener holes” and “the right-side skirt fastener holes” have no antecedent basis in the claims. Previously, only “a multiplicity of skirt fastener holes” has been recited. This objection could be overcome by changing the language of the claim to --a multiplicity of skirt fastener holes, including left-side skirt fastener holes and right-side skirt fastener holes, the left-side skirt fastener holes matching . . .”
In claim 10, lines 14, “the left-side wheel well” has no antecedent basis in the claims.
In claim 10, line 14, “the right-side wheel well” has no antecedent basis in the claims.
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 2, 10-12, and 14 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.
In claim 2, line 2 “the fastener holes” is vague and indefinite because previously Applicant has recited several different sets of fastener holes: a multiplicity of left-side flatbed fastener holes, a multiplicity of right-side flatbed fastener holes, left-side skirt fastener holes, and right-side skirt fastener holes. Therefore, it is not clear which set of fastener holes “the fastener holes” is referring to.
Claim 14 has a similar problem.
In claim 10, line 9, the language reads as if there is only a single wheel well in all of the multiplicity of skirt sets. However, it appears from the disclosure that Applicant intends to mean --each skirt set with a wheel well and a multiplicity of skirt fastener holes--.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 2, 9, 13, 14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scott (US 2001/0033095).
With respect to claim 1, Scott discloses a flatbed assembly, comprising:
a flatbed 104 comprising a bed floor (shown in Fig. 1 of Scott, supporting article 108), a left side (as shown in Fig. 1), and a right side (not shown), the flatbed further comprising a multiplicity of left-side flatbed fastener holes 112 proximate the left side (as shown in Fig. 3 of Scott) and a multiplicity of right-side flatbed fastener holes proximate the right side (not shown, “Each skirt is bolted to its fender,” Scott, abstract);
an engagement assembly 110 comprising a multiplicity of fasteners 110,110; and
a left-side skirt 100 and a right-side skirt (not shown), each skirt comprising a wheel well (as shown in Figs. 1 and 3 of Scott) and a multiplicity of skirt fastener holes (as shown in Fig. 3 of Scott), the left-side skirt fastener holes matching the left-side flatbed fastener holes (as shown in Fig. 3 of Scott) and the right-side skirt fastener holes matching the right-side flatbed fastener holes (not shown);
wherein the engagement assembly 110 couples the skirts to the flatbed by one each of the fasteners 110 positioned in the respective matching left-side skirt hole and left-side flatbed hole (as shown in Fig. 3 of Scott), and one each of the fasteners positioned in the respective matching right-side skirt hole and right-side flatbed hole (not shown).
With respect to claim 2, Scott disclose that the wheel well of each skirt is located in a wheel-well position (as shown in Fig. 1 of Scott), and that the fastener holes are located in fastener-hole positions (as shown in Fig. 3 of Scott), and the wheel-well position may be selected from a multiplicity of predetermined locations without changing the fastener-hole locations (note the limitation appearing after the term “may” is considered optional and not required by the claim. Additionally, this last limitation appears to be an abstract concept of the design process which does not result in any change to the claimed flatbed assembly.)
With respect to claim 9, Scott teaches that the fasteners comprise bolts 110 and nuts (as shown in Fig. 3 of Scott).
With respect to claim 13, Scott discloses a flatbed assembly kit, comprising:
a flatbed 104 comprising a bed floor (shown in Fig. 1 of Scott, supporting article 108), a left side (as shown in Fig. 1), and a right side (not shown), the flatbed further comprising a multiplicity of left-side flatbed fastener holes 112 proximate the left side (as shown in Fig. 3 of Scott) and a multiplicity of right-side flatbed fastener holes proximate the right side (not shown, “Each skirt is bolted to its fender,” Scott, abstract);
an engagement assembly 110 comprising a multiplicity of fasteners 110,110; and
a left-side skirt 100 and a right-side skirt (not shown), each skirt comprising a wheel well (as shown in Figs. 1 and 3 of Scott) and a multiplicity of skirt fastener holes (as shown in Fig. 3 of Scott), the left-side skirt fastener holes matching the left-side flatbed fastener holes (as shown in Fig. 3 of Scott) and the right-side skirt fastener holes matching the right-side flatbed fastener holes (not shown);
wherein the engagement assembly 110 is adapted to couple the skirts to the flatbed when one each of the fasteners 110 positioned in the respective matching left-side skirt hole and left-side flatbed hole (as shown in Fig. 3 of Scott), and one each of the fasteners positioned in the respective matching right-side skirt hole and right-side flatbed hole (not shown).
With respect to claim 14, Scott discloses that the wheel well of each skirt 100 is located in a wheel-well position (as shown in Fig. 1 of Scott), and the fastener holes are located in fastener-hole positions (as shown in Fig. 3 of Scott), and the wheel-well position may be selected from a multiplicity of predetermined locations without changing the fastener-hole locations (note the limitation appearing after the term “may” is considered optional and not required by the claim. Additionally, this last limitation appears to be an abstract concept of the design process which does not result in any change to the claimed flatbed assembly.)
With respect to claim 20, Scott teaches that the fasteners comprise bolts 110 and nuts (as shown in Fig. 3 of Scott).
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 1-3, 5-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Frankham (US 7,748,764) in view of Wojnowski (US 6,089,639)
With respect to claim 1, Frankham discloses the claimed flatbed assembly except that they are silent on the inclusion of a multiplicity of left-side flatbed fastener holes and a multiplicity of right-side flatbed fastener holes, and what type of engagement assembly is included and except for a multiplicity of skirt fastener holes, the left-side skirt fastener holes matching the left-side flatbed fastener holes and the right-side skirt fastener holes matching the right-side flatbed fastener holes;
Frankham discloses a flatbed assembly, comprising:
a flatbed (Frankham, col. 1, lines 6-9) comprising a bed floor (inherent in a flatbed), a left side (inherent in a flatbed), and a right side (inherent in a flatbed); and
a left-side skirt 14 and a right-side skirt 12, each skirt comprising a wheel well 12c as shown below in the image taken from Fig. 1 of Frankham:
[AltContent: textbox (right-side skirt)][AltContent: textbox (wheel well)][AltContent: ][AltContent: ][AltContent: textbox (wheel well)][AltContent: ][AltContent: textbox (left-side skirt)][AltContent: ]
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Wojnowski discloses a multiplicity of left-side flatbed fastener holes 42 and a multiplicity of right-side flatbed fastener holes 42 (“Referring to FIGS. 6 and 7, the side wall cabinets 14L/14R each have a ledge 46 which is bolted to mounting members 44 through slotted holes 46a in ledge 46 and slotted holes 42 in mounting members 44,” Wojnowski, col. 4, lines 11-14; Fig. 5), an engagement assembly comprising a multiplicity of fasteners (bolts passing through holes 42, as shown in Fig. 7 of Wojnowski), and a multiplicity of skirt fastener holes 46a, the left-side skirt fastener holes 46a matching the left-side flatbed fastener holes 42 and the right-side skirt fastener holes 46a matching the right-side flatbed fastener holes 42 (as shown in Fig. 7 of Wojnowski).
It 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, with a reasonable expectation of success, to combine the teaching of Wojnowski with the flatbed assembly disclosed by Frankham for the engagement assembly disclosed by Wojnowski which facilitates easy attachment and removal of the left and right-side skirt.
With respect to claim 2, Frankham disclose that the wheel well of each skirt is located in a wheel-well position (as shown in Fig. 1 of Frankham), and Wojnowski teaches that the fastener holes are located in fastener-hole positions (as shown in Fig. 17 of Wojnowski, and the wheel-well position may be selected from a multiplicity of predetermined locations without changing the fastener-hole locations (note the limitation appearing after the term “may” is considered optional and not required by the claim. Additionally, this last limitation appears to be an abstract concept of the design process which does not result in any change to the claimed flatbed assembly.)
With respect to claim 3, both Frankham discloses that the left-side skirt and the right-side skirt from mirror images of one another (as shown in Figs. 1-3 of Frankham).
With respect to claim 5, Wojnowski teaches that each of the skirts comprises a front end (by the cab 12a as shown in Fig. 1 of Wojnowski), and wherein the engagement assembly further comprises: at least one left-side front coupler 41 (left-most coupler 41 in Fig. 5 of Wojnowski) coupled to the left-side skirt front end (at hole 40a) and the flatbed 34a (as shown in Fig. 7 of Wojnowski); and at least one right-side front coupler 41 (top-most coupler 41 shown partially obscured in Fig. 5 of Wojnowski) coupled to the right-side skirt front end (at hole 40a) and the flatbed 34a (as shown in Fig. 7 of Wojnowski).
With respect to claim 6, Frankham discloses that at least one of the skirts has a front end (as shown at the right-most end in Fig. 1 of Frankham) the front end proximate to a cab of a truck on which the flatbed assembly is installed (Frankham, col. 1, lines 6-9).
With respect to claim 7, Frankham disclose at least one of the skirt 12 has a front end (right-most end of skirts as shown in Fig. 1 of Frankham), and further comprising a toolbox 12a coupled to the flatbed so that the toolbox 12a is between the front end of the at least one skirt 12 and a cab of a truck (not shown) on which the flatbed assembly is installed (Frankham, col. 2, lines 29-42).
With respect to claim 8, Wojnowski disclose that the flatbed further comprises a lower left-side lip and a lower right-side lip as shown below in the image taken from Fig. 7 of Wojnowski:
[AltContent: textbox (upper-left side lip)][AltContent: textbox (lower-left side lip)][AltContent: ][AltContent: ]
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and wherein at least some of the left-side flatbed fastener holes 42 are formed in the lower left-side lip and at least some of the right-side flatbed fastener holes are formed in the lower right-side lip (not shown, but a mirror image of that shown in Fig. 7);
the left-side skirt further comprises an upper left-side lip (as indicated above) and wherein at least some of the left-side skirt fastener holes 46a are formed in the upper left-side lip;
and the right-side skirt further comprises an upper right-side lip (not shown, but a mirror image of that shown in Fig. 7) and wherein at least some of the right-side skirt fastener holes 42 are formed in the upper right-side lip;
such that the fasteners positioned in the holes formed in the lips fasten the left-side lower lip to the left-side upper lip and fasten the right-side lower lip to the right-side upper lip (as shown in Fig. 7 of Wojnowski).
With respect to claim 9, Wojnowski teaches that the fasteners comprise bolts and nuts (as shown in Fig. 7 of Wojnowski).
With respect to claim 10, Frankham discloses the claimed process for assembling a flatbed assembly for a truck except for a multiplicity of left-side flatbed fastener holes proximate the left side and a multiplicity of right-side flatbed fastener holes proximate the right side, a multiplicity of skirt fastener holes, the fastener holes of each respective left-side skirt matching the left-side flatbed fastener holes and the fastener holes of each respective right-side skirt matching the right-side flatbed fastener holes, the respective predetermined axle position being different from set to set, selecting the skirt set with left-side and right-side wheel well positions that match that of the left-side wheel location and the right-side wheel location of the truck, selecting the skirt set with left-side and right-side wheel well positions that match that of the left-side wheel location and the right-side wheel location of the truck, and coupling the skirts of the selected skirt set to the flatbed by positioning fasteners in the respective matching left-side skirt holes and left-side flatbed holes, and by positioning fasteners in the respective matching right-side skirt holes and right-side flatbed holes. Frankham discloses a process for assembling a flatbed assembly for a truck having a rear axle defining a left-side wheel location and a right-side wheel location (as indicated by wheel wells 12c,14b Frankham, col. 1, lines 6-9; Fig. 1), the process comprising:
attaching a flatbed to the truck (inherent step in the production of a flatbed truck as disclose in col. 1, lines 6-9 of Frankham), the flatbed comprising a bed floor, a left side, and a right side (inherent in a flatbed truck),
providing a multiplicity of skirt sets (“Preferably, the panels comprising the skirt are initially produced of a length wherein they may be cut to fit various lengths of trays or flatbeds,” Frankham, col. 1, lines 57-59–this language indicates that a multiplicity of skirt sets for different types of vehicles are intended to be provided), each set comprising a respective left-side skirt 14 and a respective right-side skirt 12 each with a wheel well and wherein the left-side wheel well 14b and the right-side wheel well 12c within a respective set have matching positions that correspond to a respective predetermined axle position (Frankham, col. 2, lines 40-42).
Wojnowski teach a similar process for assembling a flatbed assembly wherein the flatbed 26 further comprising a multiplicity of left-side flatbed fastener holes 42 proximate the left side (as shown in Fig. 7 of Wojnowski) and a multiplicity of right-side flatbed fastener holes 42 proximate the right side (as shown in Fig. 5 of Wojnowski);
and a multiplicity of skirt fastener holes 46a, the fastener holes 46a of each respective left-side skirt 14L matching the left-side flatbed fastener holes 42 and the fastener holes 46a of each respective right-side skirt 14R matching the right-side flatbed fastener holes 42; and
coupling the skirts 14L,14R of the selected skirt set to the flatbed by positioning fasteners in the respective matching left-side skirt holes 46a and left-side flatbed holes 42, and by positioning fasteners in the respective matching right-side skirt holes 46a and right-side flatbed holes 42 (as shown in Fig. 7 of Wojnowski).
It 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, with a reasonable expectation of success, to combine the teaching of Wojnowski with the process disclosed by Frankham for coupling of the skirts to the flatbed with fasteners as taught by Wojnowski which facilitates easy attachment and removal of the left and right-side skirt.
While Frankham is silent on the respective predetermined axle position being different from set to set; one of ordinary skill in the art would recognize that there are thousands of different flatbed truck designs many of which have axles located at different locations. One of ordinary skill would also recognize that any accessory designed for a specific vehicle must match the structure of that particular vehicle. Thus, it 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, with a reasonable expectation of success, to appropriately adjust the designed spacing of the wheel wells of the skirt to match the location of the axle (and wheels) on the truck in which the skirt set is provided, and selecting a skirt set with left-side and right-side wheel well positions that match that of the left-side wheel location and the right-side wheel location of the truck.
With respect to claim 11, Frankham discloses coupling the wheel wells of the selected skirt set to the flatbed (Frankham, col. 1, lines 48-51).
With respect to claim 12, Frankham discloses that at least one of the skirts 12 of the selected skirt set has a front end (as shown at the right-most side of Fig. 1 of Frankham), and further comprising coupling a toolbox 12a to the flatbed so that the toolbox is between the front end and a cab of the truck on which the flatbed is attached (as shown in Fig. 1 of Frankham).
With respect to claim 13, Frankham discloses the claimed flatbed assembly kit except for multiplicity of left-side flatbed fastener holes proximate the left side and a multiplicity of right-side flatbed fastener holes proximate the right side; an engagement assembly comprising a multiplicity of fasteners; a multiplicity of skirt fastener holes, the left-side skirt fastener holes matching the left-side flatbed fastener holes and the right-side skirt fastener holes matching the right-side flatbed fastener holes; wherein the engagement assembly is adapted to couple the skirts to the flatbed when one each of the fasteners is positioned in the respective matching left-side skirt hole and left-side flatbed hole, and one each of the fasteners is positioned in the respective matching right-side skirt hole and right-side flatbed hole. Frankham discloses the claimed flatbed assembly kit comprising:
a flatbed comprising a bed floor, a left side, and a right side, (inherent in a flatbed) and a left-side skirt 14 and a right-side skirt 12, each skirt comprising a wheel well (as shown in Fig. 1 of Frankham).
Wojnowski discloses a similar flatbed assembly kit including a flatbed 26 and left-side skirt 14L and right-side skirt 14R and a multiplicity of left-side flatbed fastener holes 42 proximate the left side (as shown in Fig. 7 of Wojnowski) and a multiplicity of right-side flatbed fastener holes 42 proximate the right side (as shown in Fig. 5 of Wojnowski); an engagement assembly comprising a multiplicity of fasteners (nuts and bolts as shown in Fig. 7 of Wojnowski); a multiplicity of skirt fastener holes 46a, the left-side skirt fastener holes 46a matching the left-side flatbed fastener holes 42 and the right-side skirt fastener holes 46a matching the right-side flatbed fastener holes 42;
wherein the engagement assembly is adapted to couple the skirts to the flatbed when one each of the fasteners is positioned in the respective matching left-side skirt hole 46a and left-side flatbed hole 42, and one each of the fasteners is positioned in the respective matching right-side skirt hole 46a and right-side flatbed hole 42 (as shown in Fig. 7 of Wojnowski).
It 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, with a reasonable expectation of success, to combine the teaching of Wojnowski with the flatbed assembly kit disclosed by Frankham for the engagement assembly disclosed by Wojnowski which facilitates easy attachment and removal of the left and right-side skirt.
With respect to claim 14, Frankham disclose that the wheel well of each skirt 12c and 14b is located in a wheel-well position, and the fastener holes 42; 46a taught by Wojnowski are located in fastener-hole positions (as shown in Fig. 7 of Wojnowski), and the wheel-well position may be selected from a multiplicity of predetermined locations without changing the fastener-hole locations (note the limitation appearing after the term “may” is considered optional and not required by the claim. Additionally, this last limitation appears to be an abstract concept of the design process which does not result in any change to the claimed flatbed assembly.)
With respect to claim 16, Frankham discloses that each of the skirts comprises a front end (by the cab 12a as shown in Fig. 1 of Wojnowski), and wherein the engagement assembly further comprises: at least one left-side front coupler 41 (left-most coupler 41 in Fig. 5 of Wojnowski) adapted to couple to the left-side skirt front end (at hole 40a) and the flatbed 34a (as shown in Fig. 7 of Wojnowski); and at least one right-side front coupler 41 (top-most coupler 41 shown partially obscured in Fig. 5 of Wojnowski) adapted to couple to the right-side skirt front end (at hole 40a) and the flatbed 34a (as shown in Fig. 7 of Wojnowski).
With respect to claim 17, Frankham discloses that at least one of the skirts has a front end (as shown at the right-most end in Fig. 1 of Frankham) the front end proximate to a cab of a truck on which the flatbed assembly is installed (Frankham, col. 1, lines 6-9).
With respect to claim 18, Frankham discloses that at least one of the skirts 12 has a front end (the right-most end as shown in Fig. 1 of Frankham), and further comprising a toolbox 12a adapted to be coupled to the flatbed so that the toolbox 12a is between the front end of the at least one skirt and a cab of a truck on which the flatbed assembly is to be installed (as shown in Fig. 1 of Frankham).
With respect to claim 19, Wojnowski teaches the flatbed further comprises a lower left-side lip and a lower right-side lip as shown below in the image taken from Fig. 7 of Wojnowski:
[AltContent: textbox (upper-left side lip)][AltContent: textbox (lower-left side lip)][AltContent: ][AltContent: ]
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and wherein at least some of the left-side flatbed fastener holes 42 are formed in the lower left-side lip and at least some of the right-side flatbed fastener holes are formed in the lower right-side lip (not shown, but a mirror image of that shown in Fig. 7);
the left-side skirt further comprises an upper left-side lip (as indicated above) and wherein at least some of the left-side skirt fastener holes 46a are formed in the upper left-side lip;
and the right-side skirt further comprises an upper right-side lip (not shown, but a mirror image of that shown in Fig. 7) and wherein at least some of the right-side skirt fastener holes 42 are formed in the upper right-side lip;
such that the fasteners positioned in the holes formed in the lips fasten the left-side lower lip to the left-side upper lip and fasten the right-side lower lip to the right-side upper lip (as shown in Fig. 7 of Wojnowski).
With respect to claim 20, Wojnowski teaches that the fasteners comprise bolts and nuts (as shown in Fig. 7 of Wojnowski).
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Frankham (US 7,748,764) in view of Wojnowski (US 6,089,639), as applied to claim 1 or 13 above, and further in view of Scharf (US4,406,474).
With respect to claim 4, Frankham in view of Wojnowski disclose the claimed flatbed assembly except for the at least one left-side wheel well coupler and the at least one right-side wheel well coupler. However, Scharf teaches a similar wheel well including a left-side wheel coupler 22 coupled to a left-side wheel well and a bed frame 12 (as shown in Fig. 2 of Scharf) and a right-side wheel coupler 22 coupled to a right-side wheel well and the bed frame 12(note, while Scharf only shows the left-side wheel coupler, one or ordinary skill in the art would understand that the right side of the vehicle would have a similar fender and a right-side wheel coupler).
It 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, with a reasonable expectation of success, to combine the teaching of Scharf with the flatbed assembly disclosed by Frankham in view of Wojnowski for the advantage of providing additional support to the wheel well thereby maintaining the wheel well in a desired location.
With respect to claim 15, Frankham in view of Wojnowski disclose the claimed flatbed assembly kit except for the at least one left-side wheel well coupler and the at least one right-side wheel well coupler.
However, Scharf teaches a similar wheel well including a left-side wheel coupler 22 coupled to a left-side wheel well and a bed frame 12 (as shown in Fig. 2 of Scharf) and a right-side wheel coupler 22 coupled to a right-side wheel well and the bed frame 12 (note, while Scharf only shows the left-side wheel coupler, one or ordinary skill in the art would understand that the right side of the vehicle would have a similar fender and a right-side wheel coupler).
It 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, with a reasonable expectation of success, to combine the teaching of Scharf with the flatbed assembly kit disclosed by Frankham in view of Wojnowski for the advantage of providing additional support to the wheel well thereby maintaining the wheel well in a desired location.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612