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 .
Status of Claims
This Office Action is in response to the amendments filed on 10/10/2025. Claim 17 is amended. Claim 18 is cancelled. Claim 21 is new. Claims 1-17 and 19-21 are presently pending and examined.
Response to Arguments
Prior Art Rejection
Applicant’s amendments and accompanying arguments, see remarks, filed 10/10/2025, with respect to the rejection(s) of claim(s) and 1-20 under 35 U.S.C. 103 have been fully considered and are not persuasive.
Applicant argues that the Examiner has not properly addressed the claim feature of “wherein the controller is configured to instruct the motor to adjust the position of the deck to be substantially halfway between the groundscape and the floor.” Applicant argues, that Kipley teaches mid height position and does not disclose the features of adjusting the deck to be substantially halfway between the groundscape and the floor. Examiner respectfully disagrees.
Kipley discloses,
A running board with a deck and a linkage assembly including a motor to adjust the position of the deck. Kipley discloses that the motor is configured to rotate upon receiving instructions from a controller ([0014]) and adjust the position of the deck between a stowed and plurality of deployed position; with the deck at a different height from a ground relative to each of the other deployed positions ([0015]). Kipley also teaches that the controller instructs the motor to move the running board between the retracted and deployed positions based on a number of factors, with height of user being one of the factors ([0037)].
The claimed invention requires the controller configured to instruct the motor to adjust the position of the deck to be substantially halfway between the groundscape and the floor. BRI of the term “substantially halfway between the groundscape and the floor” could be interpreted as the deck being deployed at different heights relative to the ground surface and the body of the vehicle. Based on the BRI above, the various deployed positions that Kipley discloses teaches the claimed language of “wherein the controller is configured to instruct the motor to adjust the position of the deck to be substantially halfway between the groundscape and the floor.” Kipley discloses a plurality of deployed positions that are relative to the ground surface or relative to a body of the vehicle ([0015] and [0042]).
Based on the aforementioned reasons, the rejection is maintained.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6, 7, 14-16, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Mike Kipley et. al. US20230010767A1 (“Kipley”) in view of Anthony Smith US20220332254A1 (“Smith”)
As per Claim 1 and 19,
Kipley discloses,
a guide assembly configured to guide movement of the step; (see at least [0004] a deck and a linkage assembly configured to guide movement of the deck. The linkage assembly includes a first link and a second link further from the deck than the first link. Further, the second link is curved such that the second link exhibits a concave contour from a perspective of the deck)
a motor configured to move the guide assembly to adjust a position of the step (see at least [0013] the assembly includes a motor configured to rotate the first shaft to adjust a position on the deck
at least one sensor configured to obtain information indicative of a height of the deck relative to a groundscape adjacent the motor vehicle; (see at least [0042] Another sensor includes an image sensor 38 mounted to a body of the vehicle 10 and configured to generate still images or video useable by the controller 34 to determine a position of the deck 30 of the running board 14 relative to the ground surface G and/or relative to a body of the vehicle 10.)
a controller configured to interpret the information from the at least one sensor to determine the height of the deck relative to the groundscape and the floor, and wherein the controller is configured to instruct the motor to adjust the position of the deck to be substantially halfway between the groundscape and the floor (see at least [0014] a controller configured to issue instructions to the motor, and the motor is responsive to instructions from the controller, [0015] the motor is configured to adjust a position of the deck between a stowed position and a plurality of deployed positions. Further, in each deployed position, the deck is at a different height from a ground surface relative to each of the other deployed positions, [0037] In one example, the motor 32 is in communication with a controller 34, which instructs the motor 32 to move the running board 14 between the retracted and deployed positions based on a number of factors, including whether the doors 26, 28 are opened or closed, based on a height of a user, and/or based on whether a user provides a cargo access command, and [0041] When the user is of a mid-height, such as between 5′ 4″ and 6′ 0″, the running board 14 is set to a mid-height from the ground surface).
Kipley does not disclose,
a cargo area including a floor;
a step including a deck;
Smith teaches,
a cargo area including a floor; (see at least [0002] retractable vehicle step which is moveable between a retracted or storage position and an extended position in which it functions as a step assist to facilitate access to a tailgate, roof, cargo area, interior or other area of a vehicle such as a truck.)
a step including a deck; (see at least [0159] Such other mounting configurations of the retractable vehicle step 500 may include the retractable vehicle step 500 being mounted on a cargo van so as to provide a substantially elevated stepping position for a person to access items on the roof of a cargo van).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Smith teaches the retractable step at the back of the motor vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with retractable step taught by Smith, with a reasonable expectation of success, to provide the stepping assist that allows access to a cargo bed while advantageously providing tailgate clearance (0002).
As per Claim 2 and 20,
Kipley discloses,
The motor vehicle as recited in claim 1, wherein the controller is configured such that the controller only instructs the motor to adjust the position of the deck when a height between the groundscape and the floor exceeds a predefined threshold (see at least [0015] the motor is configured to adjust a position of the deck between a stowed position and a plurality of deployed positions. Further, in each deployed position, the deck is at a different height from a ground surface relative to each of the other deployed positions, and [0040] The vehicle 10, in this example, includes a plurality of sensors which provide information useable by the controller 34 in adjusting a position of the running board 14.)
As per Claim 3,
Kipley discloses,
The motor vehicle as recited in claim 1, wherein the groundscape adjacent the vehicle is a groundscape directly beneath the step (see at least (see at least [0040] The vehicle 10, in this example, includes a plurality of sensors which provide information useable by the controller 34 in adjusting a position of the running board 14. In an example, the vehicle 10 includes an image sensor 36, which may be a camera, mounted such that the image sensor 36 is able to capture still images or video of a user adjacent a side of the vehicle 10,
As per Claim 4,
Kipley discloses,
The motor vehicle as recited in claim 1, wherein the groundscape adjacent the vehicle is beneath the step and rearward of the step (see at least [0042] Another sensor includes an image sensor 38 mounted to a body of the vehicle 10 and configured to generate still images or video useable by the controller 34 to determine a position of the deck 30 of the running board 14 relative to the ground surface G and/or relative to a body of the vehicle 10.)
As per Claim 6,
Kipley discloses,
The motor vehicle as recited in claim 1
Kipley does not discloses,
The motor vehicle as recited in claim 1, wherein the guide assembly is configured to guide movement of the step such that as the step is lowered, the step moves rearwardly as the step moves vertically, and such that as the step is raised, the step moves forwardly as the step moves vertically
Smith teaches,
The motor vehicle as recited in claim 1, wherein the guide assembly is configured to guide movement of the step such that as the step is lowered, the step moves rearwardly as the step moves vertically, and such that as the step is raised, the step moves forwardly as the step moves vertically( see at least [0002] a retractable vehicle step which is moveable between a retracted or storage position and an extended position in which it functions as a step assist to facilitate access to a tailgate, roof, cargo area, interior or other area of a vehicle such as a truck, and [0025] FIG. 4 is a simplified perspective of a retractable vehicle step in a retracted or storage state illustrating features and advantages in accordance with some embodiments of the invention).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Smith teaches a van where the door provides access to a cargo area.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with the van including a door adjacent to the rear of the van as taught by Smith, with a reasonable expectation of success, to provide the stepping assist that allows access to a cargo bed while advantageously providing tailgate clearance (0002).
As per Claim 7,
Kipley discloses,
The motor vehicle as recited in claim 1, wherein the at least one sensor includes a first sensor mounted to an underside of the step, and a second sensor mounted to an underbody of the motor vehicle adjacent the step ( see at least [0042] Another sensor includes an image sensor 38 mounted to a body of the vehicle 10 and configured to generate still images or video useable by the controller 34 to determine a position of the deck 30 of the running board 14 relative to the ground surface G and/or relative to a body of the vehicle 10.)
As per Claim 14,
Kipley discloses,
motor vehicle as recited in claim 1, wherein the motor vehicle is a van, (see at least [0032] While an SUV is pictured, this disclosure is also applicable to other types of vehicles having a high ground clearance, such as vans and trucks)
As per Claim 15,
Kipley discloses,
The motor vehicle as recited in claim 14
Kipley does not disclose,
wherein the van includes a door adjacent a rear of the van, and wherein the door is configured to open to permit access to the cargo area
Smith teaches,
wherein the van includes a door adjacent a rear of the van, and wherein the door is configured to open to permit access to the cargo area (see at least [0002] a retractable vehicle step which is moveable between a retracted or storage position and an extended position in which it functions as a step assist to facilitate access to a tailgate, roof, cargo area, interior or other area of a vehicle such as a truck, and [0160] the retractable vehicle step may reside in a retracted position when the vehicle door is closed and may extend to an extended position when the vehicle door is opened).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Smith teaches a van where the door provides access to a cargo area.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with the van including a door adjacent to the rear of the van as taught by Smith, with a reasonable expectation of success, to provide the stepping assist that allows access to a cargo bed while advantageously providing tailgate clearance (0002).
As per Claim 16,
Kipley discloses,
The motor vehicle as recited in claim 14
Kipley does not disclose,
motor vehicle as recited in claim 15, wherein the step is adjacent the rear of the van
Smith teaches,
motor vehicle as recited in claim 15, wherein the step is adjacent the rear of the van (see at least [0082] The vehicle rear portion 11 includes a tailgate 15 and a bumper 16. As discussed in more detail later herein, the retractable vehicle step 20 is attached to a rear underbody, chassis or frame 18 of the vehicle 10)
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Smith teaches a van with steps adjacent to the rear of the van.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with the step adjacent to the rear of the van as taught by Smith, with a reasonable expectation of success, to provide the stepping assist that allows access to a cargo bed while advantageously providing tailgate clearance (0002).
As per Claim 21,
Kipley discloses,
The motor vehicle as recited in claim 1, wherein the controller is configured to dynamically calculate a position substantially halfway between the groundscape and the floor based on real-time sensor data (see at least [0015] the motor is configured to adjust a position of the deck between a stowed position and a plurality of deployed positions. Further, in each deployed position, the deck is at a different height from a ground surface relative to each of the other deployed positions, and [0042] Another sensor includes an image sensor 38 mounted to a body of the vehicle 10 and configured to generate still images or video useable by the controller 34 to determine a position of the deck 30 of the running board 14 relative to the ground surface G and/or relative to a body of the vehicle 10).
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kipley in view of Smith as in Claim 1 and further in view of William Kirk Robinson et. al. US 20210402929A (“Robinson”).
As per Claim 5,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 1, wherein the guide assembly is configured to guide movement of the step vertically without the step also moving in a forward or a rearward direction.
Robinson teaches,
The motor vehicle as recited in claim 1, wherein the guide assembly is configured to guide movement of the step vertically without the step also moving in a forward or a rearward direction (see at least Fig. 3, and [0040] the step assembly 58 includes a step panel 310, a linkage 314, a left step latch 318, and a right step latch 322. The linkage 314 generally couples the step panel 310 to the tailgate panel 46. In the example provided, the step assembly 58 also includes one or more biasing members 324. The linkage 314 is configured to permit the step panel 310 to move relative to the tailgate panel 46 between a stowed position (shown in FIGS. 1 and 2) and a deployed position (shown in FIG. 3))
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Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Robison teaches a guide assembly with guide movement of the step vertically without the step also moving in a forward or a rearward direction.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with retractable step taught by Smith, with a reasonable expectation of success, to issues with ingress and egress from typical tailgates (0003).
Claims 8-13 is rejected under 35 U.S.C. 103 as being unpatentable over Kipley in view of Smith as in Claim 1 and further in view of Silvia Pala US20120044093 (“Pala”)
As per Claim 8,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 7, wherein the first and second sensors are range sensors.
Pala teaches,
The motor vehicle as recited in claim 7, wherein the first and second sensors are range sensors (see at least [0006] An image sensor generates an image signal including an image of a detected object. The image sensor is distinct from and adjacent to the TOF sensor, [0026] Object detection sensors include, for example, time-of-flight (TOF) sensors and image sensors, and [0027] A TOF system includes at least one TOF sensor and detects distances between the TOF sensor(s) and objects within range of the TOF sensor(s)).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Pala teaches an image detection system of a vehicle provided with image and range sensors.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with object detection system for a vehicle using Time of Flight sensors to measure depth as taught by Pala, with a reasonable expectation of success, to detect a distance between the sensor and an object (0004).
As per Claim 9,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 1, wherein the at least one sensor includes a depth perception sensor
Pala teaches,
The motor vehicle as recited in claim 1, wherein the at least one sensor includes a depth perception sensor (see at least [0007] A TOF control module generates distance data based on the first time and the second time and determines whether at least a portion of a detected object is within a predetermined distance of a vehicle, and [0040] The TOF control module 66 amplifies, filters and/or converts the TOF sensor signal TOF to a distance signal DIST. The signals TOF and DIST include distance data. The distance signal DIST includes vertical and horizontal TOF data).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Pala teaches an image detection system of a vehicle provided with image and range sensors.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with object detection system for a vehicle using Time of Flight sensors to measure depth as taught by Pala, with a reasonable expectation of success, to detect a distance between the sensor and an object (0004).
As per Claim 10,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 9, wherein the at least one sensor includes at least one of a color camera, a time of flight sensor, near infrared sensor, and a range sensor
Pala teaches,
The motor vehicle as recited in claim 9, wherein the at least one sensor includes at least one of a color camera, a time of flight sensor, near infrared sensor, and a range sensor (see at least Fig. 3, Fig. 5, and [0008] an object detection system is provided and includes generating a correspondence matrix between TOF pixel sensors of a TOF sensor and image pixel sensors of an image sensor. Distance data is received from the TOF sensor. Image data is received from the image sensor).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Pala teaches an image detection system of a vehicle provided with image and range sensors.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with object detection system for a vehicle using Time of Flight sensors to measure depth as taught by Pala, with a reasonable expectation of success, to detect a distance between the sensor and an object (0004).
As per Claim 11,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 10, wherein the at least one sensor includes at least a color camera and a time of flight sensor
Pala teaches,
The motor vehicle as recited in claim 10, wherein the at least one sensor includes at least a color camera and a time of flight sensor (see at least [0008] an object detection system is provided and includes generating a correspondence matrix between TOF pixel sensors of a TOF sensor and image pixel sensors of an image sensor. Distance data is received from the TOF sensor. Image data is received from the image sensor, and [0059] The image pixel sensors 156 may be in various patterns. In FIG. 4, the image pixel sensors 156 are shown in a RG GB (2×2) matrix pattern. The image pixel sensors 156 may include more pixel sensors of a certain color than pixel sensors of other colors. For example, in the example of FIG. 4 there are more green pixel sensors than red and blue pixel sensors. Other pixel sensor colors may be incorporated, such as yellow pixel sensors. The designated color of the pixel sensor may refer to color detected by that pixel sensor).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Pala teaches an image detection system of a vehicle provided with color camera and time of flight sensor.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with object detection system for a vehicle using Time of Flight sensors to measure depth as taught by Pala, with a reasonable expectation of success, to detect a distance between the sensor and an object (0004).
As per Claim 12,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 11, wherein the color camera and time of flight sensor are integrated into a single sensor assembly
Pala teaches,
The motor vehicle as recited in claim 11, wherein the color camera and time of flight sensor are integrated into a single sensor assembly (see at least Fig. 6 and [0063] an object detection system 200 is shown incorporating a combined TOF and image sensor 202 on a shared substrate 204.
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Pala teaches an single sensor assembly.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with single sensor assembly as taught by Pala, with a reasonable expectation of success, to detect a distance between the sensor and an object (0004).
As per Claim 13,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
The motor vehicle as recited in claim 12, wherein the single sensor assembly is mounted adjacent a top of the motor vehicle and adjacent an access point for the cargo area such that the single sensor assembly has the floor, the deck, and the groundscape in a field of view of the single sensor assembly.
Pala teaches,
The motor vehicle as recited in claim 12, wherein the single sensor assembly is mounted adjacent a top of the motor vehicle and adjacent an access point for the cargo area such that the single sensor assembly has the floor, the deck, and the groundscape in a field of view of the single sensor assembly (see at least Fig. 1, Fig. 8, Fig. 9, Fig. 10 and [0029] Referring now to FIGS. 1 and 2, top and side views of an object detection system 10 of a vehicle 12 are shown).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Pala teaches an object detection system mounted adjacent to top of a motor vehicle with the floor, the deck and the groundscape in a field of view.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with single sensor assembly mounted adjacent a top of the motor vehicle as taught by Pala, with a reasonable expectation of success, to detect a distance between the sensor and an object (0004).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kipley in view of Smith as in Claim 1 and further in view of Andre Lavoie 20080106106 A1 (“Lavoie”).
As per Claim 17,
Kipley discloses,
an adjustable vehicle step in a SUV, pickup or van
Kipley does not disclose,
motor vehicle as recited in claim 16, wherein the van includes a rear bumper independent of the step
Smith teaches,
motor vehicle as recited in claim 16, wherein the van includes a rear bumper independent of the step (see at least [0082] The vehicle rear portion 11 includes a tailgate 15 and a bumper 16. As discussed in more detail later herein, the retractable vehicle step 20 is attached to a rear underbody, chassis or frame 18 of the vehicle 10 using, in certain embodiments, already existing connection members (e.g., trailer hitch bolts 19 a, 19 b or the like) on the vehicle 10, and [0084] In transitioning from the retracted position to the extended position, the stepping member 22 exits the rear portion 11 of the vehicle 10 from below the bumper 16 and advantageously provides a stepping assist, with tailgate and/or bumper clearance, for a user to access the cargo bed of the vehicle 10).
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Smith teaches a van including a rear bumper independent of the step.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with the van including a rear bumper independent of the step by Smith, with a reasonable expectation of success, to provide the stepping assist that allows access to a cargo bed while advantageously providing tailgate clearance (0002).
Kipley does not disclose,
The motor vehicle as recited in claim 16, wherein the step provides a rear bumper of the van
Lavoie teaches,
The motor vehicle as recited in claim 16, wherein the step provides a rear bumper of the van (see at least [0010] there is provided a step assembly adapted to be installed on a bumper of an automotive vehicle having a width. The step assembly comprises a sub-frame and a step pivotably attached to the sub-frame. The step has a stepping face and an opposed cosmetic face.
Thus, Kipley discloses an adjustable vehicle step in a SUV, pickup or van and Lavoie teaches bumper for an automotive vehicle, such as a truck, that transforms into a step for easy access to its cargo area.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Kipley with bumper for an automotive vehicle, such as a truck, that transforms into a step for easy access to its cargo area as taught by Lavoie, with a reasonable expectation of success, to get easy access to the whole cargo area or to get in the cargo area (0002).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHUTOSH PANDE whose telephone number is (571)272-6269. The examiner can normally be reached Monday -Friday 9:00am -5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 5712721516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.P./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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