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 .
Election/Restrictions
Claims 17-45 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group of claims (Groups II-IV) as detailed below, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/19/2025.
Group I, claim(s) 1-16, drawn to two embodiments of a retention attachment for an invisible orthodontic appliance without brackets.
Group II, claims(s) 17-22, drawn to an invisible orthodontic device combination comprising a retention attachment for invisible orthodontic appliances without brackets and a shell-shaped orthodontic appliance.
Group III, claim(s) 23-40, drawn to a process of making a retention attachment.
Group IV, claim(s) 41, drawn to a system for carrying out the process of making a retention attachment.
Group V, claim(s) 42, drawn to a computer-readable storage medium for carrying out the process of making a retention attachment.
Group VI, claim(s) 43-45, drawn to an invisible orthodontic appliance combination comprising a shell-shaped orthodontic appliance and retention attachment for invisible orthodontic appliances without brackets and a shell-shaped orthodontic appliance.
Applicant's election with traverse of claims 1-16 in the reply filed on 11/19/2025 is acknowledged. The traversal is on the ground(s) that Matty (US 20190239983 A1) does not disclose the special technical feature of claims 1-45. This is not found persuasive because:
Regarding the first argument that the surfaces in Figs. 6D and 8 are not retention surfaces, in the context of the restriction, retention surfaces are understood as surfaces which are configured to be retained by the aligner. Matty discloses that the holding attachment (30), which is comprised of multiple surfaces, interacts with the aligners during treatment.
Regarding the second argument, that Matty fails to disclose “the arc-shaped second retention area”, this limitation is not considered a part of the special technical feature. The special technical feature is the feature common to all groups of the invention; the arc shaped second retention area is not common to all of the groups of the invention; claim 23 specifically describes a construction method and makes no mention of an arc-shaped second retention area.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application No. CN202121421775.8, filed on 06/24/2021, Application No. CN202110705580.4, filed on 06/24/2021.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
For the purpose of examination, the priority date for claims 1-16 is the filing date of the associated PCT application (PCT/CN2022/100465), 06/22/2022.
Information Disclosure Statement
Examiner has only considered the provided English abstracts for the foreign documents listed in the information disclosure statement filed 12/22/2023. To consider each document in its entirety a legible copy of each cited foreign patent document is required to be provided per 37 CFR 1.98(a)(2).
Specification
The disclosure is objected to because of the following informalities:
-Page 22, there is extra spacing in the second paragraph after 45°
-Page 22, there is extra spacing in the third paragraph between "30°" and "and".
Appropriate correction is required.
The abstract of the disclosure is objected to because the length of the abstract exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-16 are objected to because of the following informalities:
Claims 1-16
The preamble should be corrected to, “An attachment for an invisible orthodontic appliance without a bracket”
Claims 9-13
Lines 2-3 should be corrected to, “each of the first retention area, the second retention area, and the third retention area are set as”.
Appropriate correction is required.
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (WO 2020223384 A1).
Regarding claim 1, Wu discloses an attachment (50) for invisible orthodontic appliance without bracket (refer to Paragraph [0008]; the attachment (50) is for a clear aligner case), comprising
a bottom surface (52) for attaching to a tooth (refer to Paragraph [0063]; the attachment (50) is attached to the crown at contact surface (52)),
a retention surface (54+58) extending upward from a partial edge of the bottom surface (edge formed between contact surface (52), active surfaces (54) and active surface filleted edge (58)) (refer to annotated Fig. 4B below), and
a non-retention surface (56) connecting an upper edge of the retention surface (edge of active surface (54)) to the remaining edge of the bottom surface (edge formed between non-active surface (56) and contact surface (52)) (refer to Paragraph [0064]; the non-active surface (56) is filleted to present a curved surface),
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wherein the retention surface (54+58) and the bottom surface (52) are arranged at an angle ranging from 60° to 120° (refer to Paragraph [0064], annotated Fig. 4E below; the two angled active surfaces (54) have an angle of 58.1° relative to one another; by forming two right angle triangles which bisect this angle, the angle of the active surfaces (54+58) relative to the bottom surface (52) can be determined as 60.95°),
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the upper edge of the retention surface (edge of active surface (54)) defines a maximum height of the attachment (50) in a normal direction of the bottom surface (52) (refer to annotated Fig. 4D below), and
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the retention surface (54+58) comprises a first retention area (54, left), a second retention area (58), and a third retention area (54, right) sequentially connected along the partial edge of the bottom surface (edge formed between contact surface (52), active surfaces (54) and active surface filleted edge (58)) (refer to annotated Fig. 4B above);
the second retention area (58) is arc-shaped on a cross-section perpendicular to a normal of the bottom surface (refer to annotated Fig. 4C below; a cross-section perpendicular to the normal of the bottom surface (52) is parallel to the bottom surface (52); the filleted active surface edge (58) is arc shaped in this view); and
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Wu does not explicitly disclose the angle between the first retention area (54, left) and the third retention area (54, right) as ranging between 60° and 120°, disclosing this angle as 58.1°(refer to Paragraph [0064]).
Although the angle between the first and third retention surface is not explicitly disclosed in the range of 60°-120°, Wu teaches that the retention surfaces (54+58) are designed and dimensioned based on the desired tooth movements, using an iterative process to vary the angles and orientation of the attachment in determining the optimal final design (refer to Paragraphs [0049], [0050]). Additionally, Wen discloses that although particular measurements are provided for the attachment (50), these are intended to be illustrative of possible dimensions and other dimension ranges may be utilized (refer to Paragraph [0052]). Thus, the orientation/angle of the retention surfaces (54+58) is a results effective variable, which is selected based on the desired tooth movements using an iterative process (refer to Paragraphs [0049], [0050]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the retention surfaces (54) to form an angle between 60° and 120° to achieve improved attachment retention for correcting malocclusions, since doing so amounts to routine optimization of a results effective variable in the art. MPEP 2144.05 II.
Regarding claim 2, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein an upper edge of the second retention area (upper edge of active surface filleted edge (58)) defines the maximum height of the attachment (50) in the normal direction of the bottom surface (52) (refer to annotated Figs. 4B, 4E below; the three edges of the retention surfaces (54+58) meet at the maximum height of the attachment (50)).
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Regarding claim 3, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein the non-retention surface (56) is set as a convex curved surface (refer to annotated Fig. 4C below);
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Wu discloses wherein the angle between the tangent plane in any position on the non-retention surface (56) is 69° (refer to Paragraph [0064], annotated Fig. 4D below; the complementary angle of 111° is 69°, with the tangent plane represented by the dashed line), which is larger than an angle between the retention surface (54+58) and the bottom surface (52) (refer to Paragraph [0064], annotated Fig. 4E above; the angle between the active surfaces (54+58) relative to the bottom surface (52) is 60.95°).
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Wu is does not explicitly disclose the angle between the tangent plane of the non-retention surface(56) and bottom surface (52) for this embodiment of the attachment (50) as less than 58.1°.
Wu further discloses an alternative embodiment of the attachment (100), which forms an angle of 41.9° between the non-retention surface (106) and bottom surface (102) (refer to Paragraph [0084], Fig. 9D). Wu also teaches that that although particular measurements are provided for each attachment (50), these are intended to be illustrative of possible dimensions and other dimension ranges may be utilized (refer to Paragraph [0052]), with the angled non-retention surface (106) optimized to inhibit contact with the aligner for an attachment (100) with a large active surface (104) (refer to Paragraphs [0056], [0083])..
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the smaller angle (41.9°) between the non-retention surface (54+58) and bottom surface (52), as Wu discloses other dimension ranges may be utilized, and further discloses the smaller angle configuration in an alternative embodiment (100) as an optimized configuration for inhibiting contact with the aligner (refer to Paragraphs [0056], [0083], Fig. 9D).
Regarding claim 4, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein on the cross-section perpendicular to the normal of the bottom surface (52) (refer to annotated Fig. 4C from claim 1 above; a cross-section perpendicular to the normal of the bottom surface (52) is parallel to the bottom surface (52)), the second retention area (58) is in a shape of a circular arc (refer to annotated Fig. 4C below; the apex of the second retention area (58) is a circular arc) or in a shape of an elliptic arc with a convex middle portion (refer to annotated Fig. 4C below; the second retention area (58) as a whole is an elliptic arc with a convex apex).
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Regarding claim 5, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein the retention surface (54+58) and the bottom surface (52) are arranged at an angle ranging from 60° to 90° (refer to Paragraph [0064], annotated Fig. 4E above; the angle of the active surfaces (54+58) relative to the bottom surface (52) is 60.95°).
Regarding claim 6, Wu discloses the attachment for invisible orthodontic appliance without bracket of claim l; Wu does not explicitly disclose the angle between the retention surface (54+58) and the bottom surface (52) as ranging from 75°-90°.
Wu is does not explicitly disclose the angle between the retention surface (54+58) and the bottom surface (52) for this embodiment of the attachment (50) as ranging from 75°-90°.
Wu further discloses an alternative embodiment of the attachment (80), which forms an angle of 82.9° between the retention surface (84) and bottom surface (82) (refer to Paragraph [0075], Fig. 7D). Wu also teaches that that although particular measurements are provided for each attachment (50), these are intended to be illustrative of possible dimensions and other dimension ranges may be utilized (refer to Paragraph [0052]). The retention surface (84) in this embodiment (80) is optimized to maximize the rotational force (refer to Paragraphs [0075]-[0076]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the angle of 82.9° between the retention surface (54+58) and bottom surface (52), as Wu discloses other dimension ranges may be utilized, and further discloses this configuration (80) as an optimized configuration for providing rotational force to a patient’s tooth (refer to Paragraphs [[0075]- [0076], Fig. 7D).
Regarding claim 7, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein on the cross-section perpendicular to the normal of the bottom surface (52) (refer to annotated Fig. 4C from claim 1 above; a cross-section perpendicular to the normal of the bottom surface (52) is parallel to the bottom surface (52)), each of the first retention area (54, left) and the third retention area (54, right) is any one of a straight line (refer to annotated Fig. 4C below), a concave curved line, or a convex curved line.
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Regarding claim 8 Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein the first retention area (54, left) and the third retention area (54, right) are set as planes (refer to annotated Fig. 4B below).
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Regarding claims 9 and 11, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein each of the first retention area (54, left), the second retention area (58), and the third retention area (54, right) is set as a part in a straight-line curved surface;
Wu does not explicitly disclose this embodiment of the attachment (50) as being formed by a perpendicular generatrix having perpendicular profile lines.
Wu further discloses an alternative embodiment of the attachment (80) forms an active surface (84) having a straight line perpendicular to the bottom surface as a generatrix (refer to Paragraph [0076], annotated Fig. 7B below; the active surface (84) is orthogonal relative to the attachment surface (82)), having an edge of the bottom surface (82) as a guiding line (refer to annotated Fig. 7C below) having each profile line perpendicular to the bottom surface (82) (refer to Paragraph [0076]; annotated Figs. 7B-7C below; Examiner understands the profile lines as the set of lines forming the outline of the retention surface(84); each of the profile lines is orthogonal to the bottom surface (82), as the surface (84) which forms the profile lines is also orthogonal to the bottom surface (82)), and the retention surface (84) being perpendicular to the bottom surface (82) and extending upward along a straight line (refer to Paragraph [0076]; the retention surface (84) is orthogonal). The orthogonal active surface (84) is beneficial for desired rotation movements induced by the attachment (80) on the patient’s teeth (refer to Paragraph [0076]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included a perpendicular retention surface (54+58) arrangement between the retention surface (54+58) and bottom surface (52), as Wu discloses other dimension ranges may be utilized (Paragraph [0052]), and further discloses this configuration in an alternative embodiment (80) for inducing rotation tooth movements (refer to Paragraphs [0052], [0076], Fig. 7D).
Of note, Examiner reads claim 9 as how the surfaces of the attachment are formed ( a process claim), rather than an apparatus claim (claim 11). “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). MPEP § 2113-I.
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Regarding claims 10 and 12, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein each of the first retention area (54, left), the second retention area (58), and the third retention area (54, right) is set as:
a part in a straight-line curved surface (surface formed by active surfaces (54, 58)) having a straight line at an acute angle greater than or equal to 60 °with the bottom surface (52) as a generatrix (refer to Paragraph [0064], annotated Fig. 4B below, annotated Fig. 4E from claim 1 above; the angle of the active surfaces (54+58) relative to the bottom surface (52) is 60.95°; a line formed on this surface as a generatrix is also 60.95°), having an edge of the bottom surface (52) as a guiding line (refer to annotated Fig. 4C below); and
being at an acute angle greater than or equal to 60° with the bottom surface (52) and extending upward along a straight line (refer to Paragraph [0064], annotated Fig. 4B below, annotated Fig. 4E from claim 1 above; the angle of the active surfaces (54+58) relative to the bottom surface (52) is 60.95°).
Of note, Examiner reads claim 10 as how the surfaces of the attachment are formed ( a process claim), rather than an apparatus claim (claim 12). “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). MPEP § 2113-I.
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Regarding claim 13, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein each of the first retention area (54, left), the second retention area (58), and the third retention area (54, right) is set as:
extending upward in a convex or concave curved shape (refer to annotated Figs. 4B, 4D below), and
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a plane constructed by a higher endpoint of an upper edge of each retention area (54+58) and two endpoints on edges of the bottom surface (52) defines an angle between each retention area (54+58)and the bottom surface (52)(refer to annotated Figs. 4B, 4D, 4E below; the plane is defined by the two endpoints of the bottom surface (52) which intersect the non-retention surface (56), and the third apex point between the edges of the three retention areas (54+58); the lines which form this plane are illustrated in annotated Figs. 4D and 4E and are shown as forming angles with each of the retention areas (54+58) and bottom surface (52)).
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Regarding claim 14, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l, wherein on the partial edge of the bottom surface (edge formed between contact surface (52), active surfaces (54) and active surface filleted edge (58)) (refer to annotated Fig. 4B above from claim 1), an angle between a connection line between two farthest endpoints of the first retention area (54, left) and a connection line between two farthest endpoints of the third retention area (54, right) defines an angle between the first retention area (54, left) and the third retention area (54, right) (refer to annotated Fig.4C below).
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Regarding claim 16, Wu discloses an attachment for invisible orthodontic appliance without bracket, comprising
a bottom surface (52) for attaching to a tooth (refer to Paragraph [0063]; the attachment (50) is attached to the crown at contact surface (52)),
a retention surface (54+58) extending upward from a partial edge of the bottom surface (edge formed between contact surface (52), active surfaces (54) and active surface filleted edge (58)) (refer to annotated Fig. 4B below), and
a non-retention surface (56) extending obliquely downward from an upper edge of the retention surface (edge of active surface (54)) to the remaining edge of the bottom surface (edge formed between non-active surface (56) and contact surface (52)) (refer to Paragraph [0064]; the non-active surface (56) is filleted to present a curved surface),
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the non-retention surface (56) is set as a convex curved surface (refer to annotated Fig. 4C below),
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and the retention surface (54+58) comprises a first retention area (54, left), a second retention area (58), and a third retention area (54, right) sequentially connected along the partial edge of the bottom surface (edge formed between contact surface (52), active surfaces (54) and active surface filleted edge (58)) (refer to annotated Fig. 4B above);
the second retention area (58) is arc-shaped on a cross-section perpendicular to a normal of the bottom surface (refer to annotated Fig. 4C below; a cross-section perpendicular to the normal of the bottom surface (52) is parallel to the bottom surface (52); the filleted active surface edge (58) is arc shaped in this view); and
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Wu discloses wherein the angle between the tangent plane in any position on the non-retention surface (56) is 69° (refer to Paragraph [0064], annotated Fig. 4D below; the complementary angle of 111° is 69°, with the tangent plane represented by the dashed line), which is larger than an angle between the retention surface (54+58) and the bottom surface (52) (refer to Paragraph [0064], annotated Fig. 4E above; the angle between the active surfaces (54+58) relative to the bottom surface (52) is 60.95°).
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Wu is does not explicitly disclose the angle between the tangent plane of the non-retention surface(56) and bottom surface (52) for this embodiment of the attachment (50) as less than 58.1°.
Wu further discloses an alternative embodiment of the attachment (100), which forms an angle of 41.9° between the non-retention surface (106) and bottom surface (102) (refer to Paragraph [0084], Fig. 9D). Wu also teaches that that although particular measurements are provided for each attachment (50), these are intended to be illustrative of possible dimensions and other dimension ranges may be utilized (refer to Paragraph [0052]), with the angled non-retention surface (106) optimized to inhibit contact with the aligner for an attachment (100) with a large active surface (104) (refer to Paragraphs [0056], [0083]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the smaller angle (41.9°) between the non-retention surface (54+58) and bottom surface (52), as Wu discloses other dimension ranges may be utilized, and further discloses the smaller angle configuration in an alternative embodiment (100) as an optimized configuration for inhibiting contact with the aligner (refer to Paragraphs [0056], [0083], Fig. 9D).
Wu does not explicitly disclose the angle between the first retention area (54, left) and the third retention area (54, right) as ranging between 60° and 120°, disclosing this angle as 58.1° (refer to Paragraph [0064]).
Although the angle between the first and third retention surface is not explicitly disclosed in the range of 60°-120°, Wu teaches that the retention surfaces (54+58) are designed and dimensioned based on the desired tooth movements, using an iterative process to vary the angles and orientation of the attachment in determining the optimal final design (refer to Paragraphs [0049], [0050]). Additionally, Wen discloses that although particular measurements are provided for the attachment (50), these are intended to be illustrative of possible dimensions and other dimension ranges may be utilized (refer to Paragraph [0052]). Thus, the orientation/angle of the retention surfaces (54+58) is a results effective variable, which is selected based on the desired tooth movements using an iterative process (refer to Paragraphs [0049], [0050]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the retention surfaces (54) to form an angle between 60° and 120° to achieve improved attachment retention for correcting malocclusions, since doing so amounts to routine optimization of a results effective variable in the art. MPEP 2144.05 II.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (WO 2020223384 A1), herein referred to as Wu (refer to the provided foreign translation), in view of Huang (US 20180325626 A1).
Regarding claim 15, Wu discloses the attachment (50) for invisible orthodontic appliance without bracket of claim l; Wen is silent to a skid proof structure on the retention surface (54+58).
Huang discloses an attachment (14) in the same field of endeavor (refer to Paragraph [0037]), wherein the attachment (14) further comprising a skid-proof structure (18) added to the retention surface (16), wherein the skid-proof structure is any one of or a combination of a plurality of bumps (top portion of engagement feature (18)), a plurality of dents (24), and one or more nicks (refer Paragraph [0037], annotated Fig. 7 below; a prefabricated attachment (14) includes engagement features (18), which include an undercut portion (24)). The engagement features (18) provide superior grip with the clear aligner (refer to Paragraph [0007]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment (50) of Wu with the skid-proof texture (18) as taught by Huang in order to provide superior grip with the clear aligner (refer to Paragraph [0007]).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Knopp et al. (US 20030198911 A1) discloses an attachment device (100) with an angled surface (105) for engaging an appliance (refer to Paragraph [0074], Figs. 5C-5D).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adriena J Webb Lyttle whose telephone number is (571)270-7639. The examiner can normally be reached Mon - Fri 10:00-7:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADRIENA J WEBB LYTTLE/Examiner, Art Unit 3772
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3772