DETAILED CORRESPONDENCE
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 .
Status of Claims
This is the first Office Action on the merits for application no. 18/485,448 filed on October 12th, 2023. Claims 11-20 are pending.
Priority
Examiner acknowledges the Applicant’s claim to priority of application IT 10 2022 0000 21213 filed on October 14th, 2022. A certified copy was received on November 15th, 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 23rd, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the Examiner.
Examiner Note
Examiner would welcome an interview to clarify any of the various objections and/or rejections seen below in order to expediate prosecution of the instant application.
Claim Objections
Regarding Claim 11 (line 8), please change the recitation of “said brake pad in radial direction and circumferential direction” to - - said brake pad in the radial direction and the circumferential direction - - as antecedent basis has already been established in claim 11 (lines 3-4).
Regarding Claim 11 (lines 9-10), please change the recitation of “a pad return spring configured to bias said brake pad in the axial direction away from a brake disc” to - - a pad return spring configured to bias said brake pad in the axial direction away from [[a]] the disc brake [[disc]] - - as antecedent basis has already been established in claim 11 (lines 2-3).
Regarding Claim 11 (lines 13-14), please change the recitation of “wherein said pad-holding spring has a prevailing extension in radial and circumferential directions” to - - wherein said pad-holding spring has a prevailing extension in the radial and circumferential directions - - as antecedent basis has already been established in claim 11 (lines 3-4).
Regarding Claim 11 (lines 15-16), please change the recitation of “a C-shaped section comprising a central portion which extends at least in a radial direction” to - - a C-shaped section comprising a central portion which extends at least in [[a]] the radial direction - - as antecedent basis has already been established in claim 11 (line 3).
Regarding Claim 11 (line 18), please change the recitation of “partially in a circumferential direction” to - - partially in [[a]] the circumferential direction - - as antecedent basis has already been established in claim 11 (line 4).
Regarding Claim 13 (line 2), please change the recitation of “wherein said coupling spring comprises a second stretch” to - - wherein said coupling portion comprises a second stretch - - as this feature is previously referred to in claim 11 (line 23).
Regarding Claim 14 (lines 3-4), please change the recitation of “wherein the second stretch and the first stretch are arranged or lie on the same coupling portion plane” to - - wherein the second stretch and the first stretch are arranged or lie on [[the]] a same coupling portion plane - - to establish antecedent basis.
Regarding Claim 15 (line 9), please change the recitation of “inclined in the coupling plane portion” to - - inclined in the coupling [[plane]] portion plane - - as this feature is previously referred to in claim 14 (lines 3-4).
Regarding Claim 18 (lines 4-5), please change the recitation of “a cylindrical or conical helical portion of the spring” to - - a cylindrical or conical helical portion of the pad return spring - - as this feature is previously referred to in claim 11.
Regarding Claim 19 (lines 1-2), please change the recitation of “The brake pad assembly for a brake caliper” to - - [[The]] A brake pad assembly for [[a]] the brake caliper- - to correct various minor informalities regarding antecedent basis.
Regarding Claim 19 (line 7), please change the recitation of “protruding laterally in a circumferential direction” to - - protruding laterally in [[a]] the circumferential direction - - as antecedent basis has already been established in claim 11.
Regarding Claim 19 (lines 9-10), please change the recitation of “bias said pad in a circumferential direction and a radial direction” to - - bias said brake pad in [[a]] the circumferential direction and [[a]] the radial direction - - to correct various minor informalities regarding antecedent basis.
Regarding Claim 19 (lines 12-13), please change the recitation of “bias said pad in a direction away from a brake disc by means of said winding portion” to - - bias said brake pad in [[a]] the axial direction away from [[a]] the disc brake [[disc]] by means of [[said]] a winding portion - - to correct various minor informalities regarding antecedent basis.
Regarding Claim 20 (lines 1-3), please change the recitation of “The brake caliper comprising: - a caliper body connectable to a vehicle and adapted to be arranged straddling a brake disc” to - - The brake pad assembly according to claim 19 further comprising: - [[a]] the caliper body connectable to a vehicle and adapted to be arranged straddling [[a]] the disc brake [[disc]] - - to correct various minor informalities regarding antecedent basis.
Regarding Claim 20 (line 5), please change the recitation of “a pad assembly according to claim 19, wherein said pad-holding spring is interposed” to - -
Regarding Claim 20 (line 9), please change the recitation of “bias it in a direction away from said brake disc” to - - bias it in [[a]] the axial direction away from said disc brake [[disc]] - - to correct various minor informalities regarding antecedent basis.
Double Patenting
Claims 11-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 15-17 of copending Application No. 18/484,788 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because copending claims 11 and 15-17 encompass the elements recited in claims 11-15 of the instant application.
Regarding Claim 11, claims 11 and 15 of D’Alessio teach a pad-holding spring and pad return spring assembly for a brake caliper, said brake caliper comprising a caliper body adapted to be arranged straddling a disc brake, wherein said assembly defines an axial direction, a radial direction perpendicular to said axial direction and a circumferential or tangential direction perpendicular to both said axial direction and said radial direction (claim 11, lines 1-5), said assembly comprising:
at least one pad-holding spring configured to be arranged between at least one guiding ear of a brake pad housed in said caliper body and said caliper body so as to bias said brake pad in radial direction and circumferential direction (claim 11, lines 6-8),
and a pad return spring configured to bias said brake pad in the axial direction away from a brake disc (claim 11, lines 9-10),
wherein said pad-holding spring and said pad return spring are made as separate pieces and are operatively connected (claim 11, lines 11-12),
wherein said pad-holding spring has a prevailing extension in radial and circumferential directions and comprises at least (claim 11, lines 13-14):
a C-shaped section comprising a central portion which extends at least in a radial direction from which an upper portion and a lower portion extend from its radially opposite ends, wherein said upper portion and said lower portion develop at least partially in a circumferential direction away from said central portion, wherein said C-shaped section is adapted to be inserted in a recess of said caliper body and is adapted to accommodate said guiding ear (claim 11, lines 15-20),
wherein said pad return spring comprises:
an anchoring portion operatively connected to said C-shaped section (claim 11, lines 21-22),
a coupling portion configured to couple said brake pad (claim 11, line 23), and
a linking arm operatively connected to said anchoring portion and to said coupling portion, wherein said coupling portion is elastically movable relative to said anchoring portion in the axial direction between a retracted resting position and at least one advanced position, towards said disc, and vice versa (claim 11, lines 24-27),
wherein said pad return spring is made from at least one wire (claim 11, line 28),
wherein said linking arm comprises an arm end portion connected to said coupling portion (claim 15, lines 3-4)
wherein said arm end portion is arranged at a first distance along said circumferential direction relative to said central portion or a radial extension thereof (claim 15, lines 5-6),
wherein said coupling portion comprises a first stretch, which is arranged at a second distance along said circumferential direction from said central portion, wherein said second distance is less than said first distance (claim 15, lines 7-9).
Regarding Claim 12, claims 11 and 15 of D’Alessio teach the pad-holding spring and pad return spring assembly according to claim 11,
claim 16 of D’Alessio teaches wherein said first stretch has a spring free end, wherein said spring free end is adapted to face said central portion, wherein said spring free end is defined by a surface equal to a cross section of said at least one wire (claim 16, lines 3-5).
Regarding Claim 13, claims 11 and 15 of D’Alessio teach the pad-holding spring and pad return spring assembly according to claim 11,
claims 16 and 17 of D’Alessio teach wherein said coupling spring comprises a second stretch, wherein said second stretch and said first stretch are connected forming a coupling portion angle (claim 16, lines 9-11) and/or forming a concave portion in which said concave portion faces the central portion (claim 17, lines 3-4).
Regarding Claim 14, claims 11 and 15-17 of D’Alessio teach the pad-holding spring and pad return spring assembly according to claim 13,
claims 16 and 17 of D’Alessio teach wherein the second stretch and the first stretch are arranged or lie on the same coupling portion plane, wherein said coupling portion plane is perpendicular to said axial direction (A-A) (claim 17, lines 5-7); and/or
wherein said coupling portion angle is an acute angle facing the central portion (claim 16, lines 10-11).
Regarding Claim 15, claims 11 and 15-17 of D’Alessio teach the pad-holding spring and pad return spring assembly according to claim 14,
claim 17 of D’Alessio teaches wherein said first stretch is a straight wire stretch, wherein said second stretch is a straight wire stretch, wherein said second stretch and said first stretch are connected by a third stretch, wherein said third stretch is curved (claim 17, lines 9-11); and/or
wherein said second stretch is connected to said arm end portion, substantially forming a right angle, wherein said second stretch is inclined in the coupling plane portion by a second stretch angle comprised between 0 and 45 degrees relative to said radial direction, preferably between 15 and 30 degrees (claim 17, lines 13-17).
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 11-20 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 pre-AIA the applicant regards as the invention.
Regarding Claim 11 (lines 4-5), in the recitation of “and a circumferential or tangential direction perpendicular to both said axial direction and said radial direction” the difference between the “circumferential…direction” recited in claim 11 and the “tangential direction” recited in claim 11 is unclear. The lack of clarity renders the claim indefinite. Applicant could recite “and a circumferential
Regarding Claim 11 (lines 6-8), in the recitation of “at least one pad-holding spring configured to be arranged between at least one guiding ear of a brake pad housed in said caliper body and said caliper body so as to bias said brake pad in radial direction and circumferential direction” (emphasis added) it is generally unclear what Applicant intended to recite. The lack of clarity renders the claim indefinite. Applicant could recite “at least one pad-holding spring configured to be arranged between at least one guiding ear of a brake pad housed in said caliper body the radial direction and the circumferential direction” to clarify the recitation and Examiner will interpret the recitation as such during examination.
Regarding Claim 11 (lines 25-27), in the recitation of “wherein said coupling portion is elastically movable relative to said anchoring portion in the axial direction between a retracted resting position and at least one advanced position, towards said disc, and vice versa” it is generally unclear which position is towards the disc brake, and vice versa. The lack of clarity renders the claim indefinite. Applicant could recite “wherein said coupling portion is elastically movable relative to said anchoring portion in the axial direction between a retracted resting position and at least one advanced position
Regarding Claim 11 (lines 31-32), in the recitation of “wherein said arm end portion is arranged at a first distance along said circumferential direction relative to said central portion or a radial extension thereof” it is unclear how the arm end portion (Fig. 5, 16) is arranged at a first distance (D1) along said circumferential direction (C-C) relative to a radial extension (6 or 7) of said central portion (5). The lack of clarity renders the claim indefinite. Applicant could recite “wherein said arm end portion is arranged at a first distance along said circumferential direction relative to said central portion
Regarding Claim 11 (lines 31-32), in the recitation of “wherein said arm end portion is arranged at a first distance along said circumferential direction relative to said central portion or a radial extension thereof” the difference between the “upper portion” recited in claim 11 (line 16), the “lower portion” recited in claim 11 (line 16) and the “radial extension” recited in claim 11 (line 32) is unclear. The lack of clarity renders the claim indefinite. Applicant could recite “wherein said arm end portion is arranged at a first distance along said circumferential direction relative to said central portion
Regarding Claim 15 (lines 9-11), Applicant’s recited preferences in the recitation of “second stretch angle comprised between O and 45 degrees relative to said radial direction, preferably between 15 and 30 degrees” (emphasis added) leads to confusion over the intended scope of claim 15. The lack of clarity renders the claim indefinite. Applicant could recite “second stretch angle comprised between O and 45 degrees relative to said radial direction
Regarding Claim 17 (lines 8-9), in the recitation of “and/or wherein said winding axis is oriented substantially parallel to the axial direction or is incident and/or perpendicular to the axial direction or a direction parallel to it” it is generally unclear what Applicant intended to recite. The lack of clarity renders the claim indefinite. Applicant could recite “or wherein said winding axis is oriented substantially parallel to the axial direction or
Regarding Claim 20 (lines 3-4), in the recitation of “wherein said caliper body comprises at least one brake pad housing pocket, wherein said housing pocket comprises at least one recess” the difference between the “at least one brake pad housing pocket” recited in claim 20 and the “recess” recited in claims 1 and 20 is unclear. The lack of clarity renders the claim indefinite. Applicant could remove the recitation to clarify the recitation and Examiner will interpret the recitation as such during examination. See MPEP 2173.05(o) – Double Inclusion.
Claims 12-20 are rejected based upon their dependency to a rejected base claim.
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 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 11-13 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reuss (US 2019/0085921).
Regarding Claim 11, Reuss teaches a pad-holding spring and pad return spring assembly (Figs. 8-9, “pad clip” 12 and “retraction spring” 14, respectively) for a brake caliper (Figs. 1-2, “brake system” 100), said brake caliper (100) comprising a caliper body (“support bracket” 104) adapted to be arranged straddling a disc brake (“rotor” 106), wherein said assembly (12, 14) defines an axial direction (Examiner Fig. 1, A-A), a radial direction (R-R) perpendicular to said axial direction (A-A) and a circumferential (C-C) or tangential direction (see 112(b) rejection above) perpendicular to both said axial direction (A-A) and said radial direction (R-R), said assembly (12, 14) comprising:
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Examiner Fig. 1 – Figs. 9A and 9B of Reuss
at least one pad-holding spring (Figs. 4 and 7-8; 12) configured to be arranged between at least one guiding ear (“ear” 130) of a brake pad (“brake pads” 108) housed in said caliper body (104) and said caliper body (104; see 112(b) rejection above) so as to bias said brake pad (108) in radial direction (R-R) and circumferential direction (C-C; see Fig. 7B and Examiner Fig. 1), and
a pad return spring (Figs. 7-9, 14) configured to bias said brake pad (108) in the axial direction (A-A) away from a brake disc (106; [0056] – “Since the retraction arm 26 is in contact with the ear 130, as the retraction arm 26 moves away from the rotor 106 (not shown) the retraction arm 26 applies an outwardly force to the ear 130 resulting in the ear moving away from the rotor 106”),
wherein said pad-holding spring (12) and said pad return spring (14) are made as separate pieces and are operatively connected (see Figs. 8-9),
wherein said pad-holding spring (Fig. 4, 12) has a prevailing extension (extending portions of 12) in radial (R-R) and circumferential (C-C) directions (“upper flange” 34 and “rearward wall” 36 extend in the R-R direction; “middle wall” 30 and “lower wall” 38 extend in the C-C direction) and comprises at least:
a C-shaped section (formed by 30, 36 and 38) comprising a central portion (36) which extends at least in a radial direction (R-R) from which an upper portion (30) and a lower portion (38) extend from its radially opposite ends (ends of 36),
wherein said upper portion (30) and said lower portion (38) develop at least partially in a circumferential direction (C-C) away from said central portion (36),
wherein said C-shaped section (30, 36, 38) is adapted to be inserted in a recess (recessed portion of 104 for receiving 12) of said caliper body (104) and is adapted to accommodate said guiding ear (130; see Fig. 7B),
wherein said pad return spring (Figs. 8-9, 14) comprises:
an anchoring portion (“anchor arm” 20) operatively connected to said C-shaped section (30, 36, 38),
a coupling portion (“retraction arm” 26) configured to couple said brake pad (108; see Fig. 6), and
a linking arm (“bias device” 22) operatively connected to said anchoring portion (20) and to said coupling portion (26),
wherein said coupling portion (26) is elastically movable relative to said anchoring portion (20) in the axial direction (A-A) between a retracted resting position and at least one advanced position (see Figs. 6-9; see [0056] above), towards said disc (106; see 112(b) rejection above), and vice versa,
wherein said pad return spring (14) is made from at least one wire (see Fig. 9),
wherein said linking arm (22) comprises an arm end portion (“pad side arm” 64) connected to said coupling portion (26) wherein said arm end portion (64) is arranged at a first distance (distance away from 36 in the C-C direction) along said circumferential direction (C-C; see Examiner Fig. 1) relative to said central portion (36) or a radial extension thereof (see 112(b) rejection above),
wherein said coupling portion (26) comprises a first stretch (“contact arm” 46), which is arranged at a second distance (distance away from 36 in the C-C direction) along said circumferential direction (C-C) from said central portion (36),
wherein said second distance (46) is less than said first distance (64; in other words, the end of the first stretch (46) is closer to the central portion (36) of the pad holding spring (12) than the arm end portion (64) of the linking arm (22); see Figs. 8-9).
Regarding Claim 12, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 11,
wherein said first stretch (Figs. 8-9, 46) has a spring free end (end of 46),
wherein said spring free end (end of 46) is adapted to face said central portion (36; see Figs. 8-9),
wherein said spring free end (end of 46) is defined by a surface equal to a cross section of said at least one wire (see Fig. 9).
Regarding Claim 13, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 11,
wherein said coupling spring (Figs. 8-9, 26) comprises a second stretch (length of 26 minus the length of 46),
wherein said second stretch (26 minus 46) and said first stretch (46) are connected forming a coupling portion angle (obtuse angle seen in Fig. 9B) and/or forming a concave portion (obtuse angle seen in Fig. 9B) in which said concave portion faces the central portion (36; see Figs. 8-9).
Regarding Claim 16, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 11,
wherein said pad return spring (Figs. 8-9, 14) comprises at least one winding portion (“helical loops” 24) connecting said linking arm (22) to said anchoring portion (20),
wherein said at least one winding portion (24) comprises said at least one wire (see Figs. 8-9), wound as a spiral about a winding axis (central axis of 24 seen in Fig. 9A) so as to constantly and elastically bias said coupling portion (26) at least along said axial direction (see Figs. 8-9; see [0056] above), towards said retracted resting position (see [0056]), avoiding the contact of said winding portion (24) with said brake pad (108) and/or said pad-holding spring (12; see Figs. 6-9; [0051] – “helical loops 24 are free of contact with the pad clip 12”).
Regarding Claim 17, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 16,
wherein said winding portion (Figs. 8-9, 24) comprises a plurality of coils (see Fig. 8) wound around said winding axis (central axis of 24 seen in Fig. 9A),
wherein the plurality of coils (24) elastically deforms by torsion thus elastically biasing said coupling portion (26) towards said retracted resting position (see [0056] above), preventing elastic deformation by bending in the axial direction (A-A) in the linking arm (22) and/or in the coupling portion (26); and/or wherein said winding axis (central axis of 24 seen in Fig. 9A) is oriented substantially parallel to the axial direction (A-A) or is incident and/or perpendicular to the axial direction (A-A) or a direction parallel to it (see 112(b) rejection above; the winding axis taught by Reuss is perpendicular to the A-A direction seen in Examiner Fig. 1).
Regarding Claim 18, Reuss teaches the pad-holding spring and pad return spring assembly according to claim 17,
wherein said plurality of coils (Figs. 8-9, 24) comprises at least one first coil and one second coil (two seen in Fig. 8), and/or said plurality of coils (24) are concentric forming a cylindrical or conical helical portion of the [pad return] spring (14), and/or wherein said at least one wire (wired portion of 14) has a wire diameter (see Figs. 8-9),
wherein said winding portion (24) has a winding pitch comprised between said wire diameter and 4/3 of the wire diameter (see Figs. 8 and 9B), wherein said winding pitch is defined as the distance along the winding axis between the centers of at least two adjacent coils (24; see Figs. 8 and 9B).
Regarding Claim 19, Reuss teaches the brake pad assembly (Figs. 1-2 and 6-7; 100 and 108) for a brake caliper (“caliper housing” 102), comprising at least one brake pad (108) and at least one pad-holding spring and pad return spring assembly (12, 14, respectively) according to claim 11,
wherein said pad-holding spring and pad return spring assembly (12, 14) is connectable to said brake pad (108),
wherein said brake pad (108) comprises friction material (“frictional material” 124) and a support plate (“pressure plate” 118) supporting said friction material (124),
wherein said support plate (118) comprises at least one guiding ear (130) protruding laterally in a circumferential direction (C-C),
wherein said C-shaped section (Figs. 4 and 6-7; 30, 36, 38) of said pad-holding spring (12) is configured to accommodate said guiding ear (130) so as to bias said pad (108) in a circumferential direction (C-C) and a radial direction (R-R),
wherein said coupling portion (Figs. 8-9, 26) of said pad return spring (14) is configured to engage said guiding ear (130) so as to bias said pad (108) in a direction away (A-A) from a brake disc (106) by means of said winding portion (24) distanced by at least said linking arm (22) from said coupling portion (26), and/or by preventing the uncoupling of said coupling portion (26) from said brake pad (108; see various claim objections above).
Regarding Claim 20, Reuss teaches the brake caliper comprising:
a caliper body (Figs. 1-2 and 6-7; 104) connectable to a vehicle (not shown) and adapted to be arranged straddling a brake disc (106),
wherein said caliper body (104) comprises at least one brake pad housing pocket (for receiving 12 and 130), wherein said housing pocket comprises at least one recess (for receiving 12 and 130; see 112(b) rejection above),
a pad assembly (Figs. 1-2 and 6-7; 100, 108) according to claim 19,
wherein said pad-holding spring (12) is interposed at least between said guiding ear (130) and said recess (recessed portion of 104),
wherein said coupling portion (26) of said pad return spring (14) is coupled with said guiding ear (130) to bias it in a direction away (A-A) from said brake disc (106; see [0056] above; see various claim objections above).
Allowable Subject Matter
Regarding Claims 14-15, a determination of allowability will be considered after Applicant’s response to the nonstatutory double patenting rejections and the rejections under 35 U.S.C. 112(b) presented above.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Bosis (US 2023/0417298), Lee (US 2024/0141961), Chelaidite (US 8,397,880), Sekiguchi (US 11,015,668), Crippa (US 10,156,274), Miura (US 9,279,466), Gutelius (US 9,261,152) and Gerber (US 10,968,968) listed in the attached "Notice of References Cited" disclose similar pad holding springs and pad return springs related to various aspects of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES J. TAYLOR II
Primary Examiner
Art Unit 3655
/JAMES J TAYLOR II/Primary Examiner, Art Unit 3655