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 .
DETAILED ACTION
Double Patenting
Claims 1, 9-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11560058. Further claims 2-7 match claims 2-3, 8, 4, 1, 5 of U.S. Patent No. 11560058. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain the same primary limitations as shown in bold below, with claim 1 being broader than claim 1 of 11560058, and claim 6 matching the scope of claim 1 of 11560058.
18/776402
11560058
A vehicle display control device for a display device provided on a vehicle, the vehicle being capable of switching between autonomous driving and manual driving, and capable of performing an action, which is to be performed either by autonomous driving or manual driving and is associated with each of a plurality of action schedule items created by a creation unit,
A vehicle display control device comprising: a first processor configured to display an action schedule item created by a second processor configured to create an action schedule item demanded of a vehicle capable of switching between autonomous driving and manual driving on a display device provided inside a cabin of the vehicle, wherein the second processor is configured to create an action plan including a plurality of the action schedule items;
the vehicle display control device comprising: a display controller configured to, in a state in which the plurality of action schedule items together with information about a distance to a site where the action associated with the respective action schedule item is to be performed is displayed sequentially on the display device,
the display device includes a first display device and a second display device; and out of the action plan, the first processor is further configured to display on the first display device an action schedule item for which a distance to a site where the action is to be performed or a time until the action is to be performed is not greater than a first specified value, and to display on the second display device an action schedule item for which a distance to a site where the action is to be performed or a time until the action is to be performed is not greater than a second specified value that is smaller than the first specified value.
emphasize display of an action schedule item to be performed by manual driving compared to display of an action schedule item to be performed by autonomous driving.
and to emphasize display of the action schedule item to be performed by manual driving compared to display of the action schedule item to be performed by autonomous driving,
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Creation unit in claim 6-7, 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhalla U.S. Patent/PG Publication 20190204827.
Regarding claim 1 (independent):
A vehicle display control device for a display device provided on a vehicle, (Bhalla [0057] In one embodiment, a vehicle 100 comprises one or more input/output (I/O) device 140 integrated in or coupled to the vehicle 100 such as, but not limited to, a display device) the vehicle being capable of switching between autonomous driving and manual driving, (Bhalla [0044] The handoff protocol comprises providing information to at least one input/output (I/O) device inside the vehicle as an alert of an upcoming transition from operating the vehicle in the autonomous mode to a manual mode.)
and capable of performing an action, which is to be performed either by autonomous driving or manual driving and is associated with each of a plurality of action schedule items created by a creation unit, the vehicle display control device comprising: (Bhalla [0064] The first zone of information 451 comprises environmental in view information indicative of the driving environment and highlighting important data that is immediately relevant to the driver, such as, but not limited to, obstacle detection data indicative of one or more upcoming obstacles on a roadway the vehicle 100 is on, turn-by-turn navigation data indicative of directions and turns for the driver to make while driving the vehicle 100, etc.).
a display controller configured to, in a state in which the plurality of action schedule items together with information about a distance to a site where the action associated with the respective action schedule item is to be performed is displayed sequentially on the display device, (Bhalla Fig. 5A) where navigation steps are provided and can include time/distance, and the steps are displayed sequentially.
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emphasize display of an action schedule item to be performed by manual driving compared to display of an action schedule item to be performed by autonomous driving (Bhalla [0075] As described in detail later herein, the MtA handoff protocol involves the system 200 providing information to at least one I/O device 140 inside the vehicle 100 to alert the driver of the handoff and to guide the driver during the handoff of how to safely relinquish control of the vehicle 100.) since action items that require manual driving will also have a hand-off alert, therefore there will be an emphasis of the display of the upcoming action item when manual driving is required. Further, the map displays the current route which is part of the action schedule item, and it can be different colors (which is an emphasis) to indicate manual/autonomous (Bhalla [0099] As shown in FIG. 6B, a portion 531 of the route 532 comprises an overlay of a different color to indicate that the vehicle 100 can operate in the autonomous mode along this portion 531. In one embodiment, an overlay of an autonomous icon 533 is positioned at a point along the route 532 to indicate where the vehicle 100 can begin operating in the autonomous mode. As shown in FIGS. 6B-6C, in one embodiment, the autonomous icon 533 comprises an icon of the letter “A”.).
Bhalla discloses the above elements in several embodiments. With the embodiments being disclosed in a single reference, one of ordinary skill in the art before the effective filing date of the invention being aware of one embodiment would also have been aware of the others, and it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have combined these elements from two or more embodiments into a single arrangement for the benefit of enjoying the advantages of all the embodiments disclosed combined into a single arrangement.
Regarding claim 5:
The vehicle display control device of claim 1, has all of its limitations taught by Bhalla. Bhalla further teaches wherein the display controller is further configured to display on the display device a display indicating an end to manual driving in cases in which a site of an action schedule item performed manually by an occupant has been passed or a duration of an action schedule item performed manually by the occupant has been exceeded (Bhalla [0075] In response to receiving the user input, the autonomous indicator unit 210 is configured to trigger a manual to autonomous (MtA) handoff protocol to initiate handoff of control of the vehicle 100 from the driver. As described in detail later herein, the MtA handoff protocol involves the system 200 providing information to at least one I/O device 140 inside the vehicle 100 to alert the driver of the handoff and to guide the driver during the handoff of how to safely relinquish control of the vehicle 100.)(Bhalla [0116] FIG. 9C illustrates a third example UI 580C including a third example dynamic map view 882 displayed on the sensor view tab 580 of the infotainment console 430, in accordance with an embodiment. The dynamic map view 882 represents a route overview of a route the vehicle 100 is on. Based on sensor data of the vehicle 100, the dynamic map view 882 is indicative of conditions of the route, such as status of the route, portions of the route where autonomous drive is available, or handoff warning information.).
Regarding claim 6:
The vehicle display control device of claim 1, has all of its limitations taught by Bhalla. Bhalla further teaches wherein:
the creation unit is configured to create an action plan including a plurality of the action schedule items (Bhalla [0064] The first zone of information 451 comprises environmental in view information indicative of the driving environment and highlighting important data that is immediately relevant to the driver, such as, but not limited to, obstacle detection data indicative of one or more upcoming obstacles on a roadway the vehicle 100 is on, turn-by-turn navigation data indicative of directions and turns for the driver to make while driving the vehicle 100, etc.).
the display device includes a meter display and a head-up display (Bhalla [0057] Examples of a display device include, but are not limited to, a head-up display (or heads-up display) 410 (FIG. 2A), a dashboard display 420 (FIG. 2A), an infotainment console 430 (FIG. 2A), a virtual reality display, an augmented reality display, a light indicator, or a mobile electronic device.).
and out of the action plan, the display controller is further configured to display on the meter display an action schedule item for which a distance to a site where the action is to be performed or a time until the action is to be performed is not greater than a first specified value, (Bhalla Fig. 5A 23 mi until hand off.)
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and to display on the head-up display an action schedule item for which a distance to a site where the action is to be performed or a time until the action is to be performed is not greater than a second specified value that is smaller than the first specified value (Bhalla Fig. 5A .89 mi turn left).
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Regarding claim 7:
The vehicle display control device of claim 1, has all of its limitations taught by Bhalla. Bhalla further teaches wherein:
the creation unit is configured to create an action plan including a plurality of the action schedule items and in cases in which there are a plurality of the action schedule items to display on the display device, the display controller is configured to perform enlarged display of an action schedule item having the shortest distance to a site where the action is to be performed or the shortest time until the action relative to other action schedule items (Bhalla Fig. 5A) where the next item is bolded, which is an enlargement of the text.
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Regarding claim 8 (independent):
The claim is a/an parallel version of claim 1. As such it is rejected under the same teachings.
Regarding claim 9 (independent):
The claim is a/an parallel version of claim 1. As such it is rejected under the same teachings.
Regarding claim 10 (independent):
A vehicle display system comprising: (Bhalla [0057] In one embodiment, a vehicle 100 comprises one or more input/output (I/O) device 140 integrated in or coupled to the vehicle 100 such as, but not limited to, a display device) a creation unit (Bhalla [0053] The vehicle 100 is equipped with one or more computation resources such as, but not limited to, one or more processor devices 110, one or more storage devices 120, and one or more network devices 130. One or more applications may execute/operate on the vehicle 100 utilizing the one or more computation resources of the vehicle 100.) configured to create an action schedule item demanded of a vehicle capable of switching between autonomous driving and manual driving, (Bhalla [0044] The handoff protocol comprises providing information to at least one input/output (I/O) device inside the vehicle as an alert of an upcoming transition from operating the vehicle in the autonomous mode to a manual mode.)
the action schedule item being associated with an action that is to be performed either by autonomous driving or manual driving (Bhalla [0064] The first zone of information 451 comprises environmental in view information indicative of the driving environment and highlighting important data that is immediately relevant to the driver, such as, but not limited to, obstacle detection data indicative of one or more upcoming obstacles on a roadway the vehicle 100 is on, turn-by-turn navigation data indicative of directions and turns for the driver to make while driving the vehicle 100, etc.).
a display device provided inside a cabin of the vehicle (Bhalla [0057] In one embodiment, a vehicle 100 comprises one or more input/output (I/O) device 140 integrated in or coupled to the vehicle 100 such as, but not limited to, a display device, an audio device, a haptic feedback device, a keyboard, a keypad, a touch interface (e.g., a touchpad), a control knob, a dial mechanism (e.g., a rotary dial), etc. Examples of a display device include, but are not limited to, a head-up display (or heads-up display) 410 (FIG. 2A), a dashboard display 420 (FIG. 2A), an infotainment console 430 (FIG. 2A), a virtual reality display, an augmented reality display, a light indicator, or a mobile electronic device.).
and a display controller configured to, in a state in which a plurality of action schedule items created by the creation unit together with information about a distance to a site where the action associated with the respective action schedule item is to be performed is displayed sequentially on the display device, (Bhalla Fig. 5A) where navigation steps are provided and can include time/distance, and the steps are displayed sequentially.
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emphasize display of an action schedule item to be performed by manual driving compared to display of an action schedule item to be performed by autonomous driving (Bhalla [0075] As described in detail later herein, the MtA handoff protocol involves the system 200 providing information to at least one I/O device 140 inside the vehicle 100 to alert the driver of the handoff and to guide the driver during the handoff of how to safely relinquish control of the vehicle 100.) since action items that require manual driving will also have a hand-off alert, therefore there will be an emphasis of the display of the upcoming action item when manual driving is required. Further, the map displays the current route which is part of the action schedule item, and it can be different colors (which is an emphasis) to indicate manual/autonomous (Bhalla [0099] As shown in FIG. 6B, a portion 531 of the route 532 comprises an overlay of a different color to indicate that the vehicle 100 can operate in the autonomous mode along this portion 531. In one embodiment, an overlay of an autonomous icon 533 is positioned at a point along the route 532 to indicate where the vehicle 100 can begin operating in the autonomous mode. As shown in FIGS. 6B-6C, in one embodiment, the autonomous icon 533 comprises an icon of the letter “A”.).
Bhalla discloses the above elements in several embodiments. With the embodiments being disclosed in a single reference, one of ordinary skill in the art before the effective filing date of the invention being aware of one embodiment would also have been aware of the others, and it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have combined these elements from two or more embodiments into a single arrangement for the benefit of enjoying the advantages of all the embodiments disclosed combined into a single arrangement.
Claim(s) 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhalla U.S. Patent/PG Publication 20190204827 in view of Vanderwall U.S. Patent/PG Publication 20100220250.
Regarding claim 2:
The vehicle display control device of claim 1, has all of its limitations taught by Bhalla. Bhalla further teaches wherein the display controller is further configured to display the action schedule item on the display device using information including a text string indicating autonomous driving or manual driving, (Bhalla [0144] The computer system 600 includes one or more processors 601, and can further include an electronic display device 602 (for displaying video, graphics, text, and other data))(Bhalla [0058] For example, as described in detail later herein, as the vehicle 100 transitions from the autonomous mode to the manual mode, the system 200 is configured to display different alerts on different display devices inside the vehicle 100 to allow the driver to receive, in a timely manner, critical information necessary for safe transfer of control of the vehicle 100 to the driver.)
and to emphasize display of the action schedule item to be performed by manual driving relative to display of the action schedule item to be performed by autonomous driving (Bhalla [0075] As described in detail later herein, the MtA handoff protocol involves the system 200 providing information to at least one I/O device 140 inside the vehicle 100 to alert the driver of the handoff and to guide the driver during the handoff of how to safely relinquish control of the vehicle 100.)
Bhalla does not teach inverting colors. In a related field of endeavor, Vanderwall teaches:
and to emphasize display […] by inverting a color of the text string and a color of a background portion of the text string (Vanderwall [0088] For example, a control system might be configured to receive second display portion 1206 from a portable device, to invert the colors on the image for easier readability, to adjust the contrast of the image, to adjust the brightness of the image, to outline certain elements of the image, to magnify the image, to resize the image, and/or to soften the edges or provide anti-aliasing processing to the image.)
Therefore, it would have been obvious before the effective filing date of the claimed invention to use inversion as taught by Vanderwall. The rationale for doing so would have been a simple substitution of emphasis, where Bhalla discloses attracting the users with alerts, and Vanderwall provides an alternative form of emphasis using color, where the same content is still being displayed, and there is just a substitution of visual characteristics, where changes in visual characteristics are very well known . Therefore it would have been obvious to combine Vanderwall with Bhalla to obtain the invention.
Regarding claim 4:
The vehicle display control device of claim 1, has all of its limitations taught by Bhalla. Bhalla further teaches wherein:
the display device includes a meter display and a head-up display (Bhalla [0057] Examples of a display device include, but are not limited to, a head-up display (or heads-up display) 410 (FIG. 2A), a dashboard display 420 (FIG. 2A), an infotainment console 430 (FIG. 2A), a virtual reality display, an augmented reality display, a light indicator, or a mobile electronic device.).
and the display controller is further configured to display the action schedule item on the display device using information including a text string, (Bhalla Fig. 5A)
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and in the case of the meter display, emphasize display of the action schedule item to be performed by manual driving relative to display of the action schedule item to be performed by autonomous driving by changing a color (Bhalla [0099] As shown in FIG. 6B, a portion 531 of the route 532 comprises an overlay of a different color to indicate that the vehicle 100 can operate in the autonomous mode along this portion 531. In one embodiment, an overlay of an autonomous icon 533 is positioned at a point along the route 532 to indicate where the vehicle 100 can begin operating in the autonomous mode. As shown in FIGS. 6B-6C, in one embodiment, the autonomous icon 533 comprises an icon of the letter “A”.).
and in the case of the head-up display, emphasize display of the action schedule item to be performed by manual driving relative to display of the action schedule item to be performed by autonomous driving by (Bhalla [0099] As shown in FIG. 6B, a portion 531 of the route 532 comprises an overlay of a different color to indicate that the vehicle 100 can operate in the autonomous mode along this portion 531. In one embodiment, an overlay of an autonomous icon 533 is positioned at a point along the route 532 to indicate where the vehicle 100 can begin operating in the autonomous mode. As shown in FIGS. 6B-6C, in one embodiment, the autonomous icon 533 comprises an icon of the letter “A”.).
Bhalla does not teach text colors. In a related field of endeavor, Vanderwall teaches:
of at least one out of the text string or a background portion of the text string, and in the case of the head-up display, emphasize display of the action schedule item to be performed by manual driving relative to display of the action schedule item to be performed by autonomous driving by inverting a color of the text string and a color of a background portion of the text string (Vanderwall [0088] For example, a control system might be configured to receive second display portion 1206 from a portable device, to invert the colors on the image for easier readability, to adjust the contrast of the image, to adjust the brightness of the image, to outline certain elements of the image, to magnify the image, to resize the image, and/or to soften the edges or provide anti-aliasing processing to the image.)
Therefore, it would have been obvious before the effective filing date of the claimed invention to use inversion as taught by Vanderwall. The rationale for doing so would have been a simple substitution of emphasis, where Bhalla discloses attracting the users with alerts, and Vanderwall provides an alternative form of emphasis using color, where the same content is still being displayed, and there is just a substitution of visual characteristics, where changes in visual characteristics are very well known . Therefore it would have been obvious to combine Vanderwall with Bhalla to obtain the invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhalla U.S. Patent/PG Publication 20190204827 in view of Conaway U.S. Patent/PG Publication 20200298994.
Regarding claim 3:
The vehicle display control device of claim 1, has all of its limitations taught by Bhalla. Bhalla further teaches wherein the display controller is further configured to display the action schedule item on the display device using information including a text string, (Bhalla Fig. 5A) where navigation steps are provided and can include time/distance, and the steps are displayed sequentially.
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and to emphasize display of the action schedule item to be performed by manual driving relative to display of the action schedule item to be performed by autonomous driving by setting a color (Bhalla [0099] As shown in FIG. 6B, a portion 531 of the route 532 comprises an overlay of a different color to indicate that the vehicle 100 can operate in the autonomous mode along this portion 531. In one embodiment, an overlay of an autonomous icon 533 is positioned at a point along the route 532 to indicate where the vehicle 100 can begin operating in the autonomous mode. As shown in FIGS. 6B-6C, in one embodiment, the autonomous icon 533 comprises an icon of the letter “A”.).
Bhalla does not teach text in a frame with a color change. In a related field of endeavor, Conaway teaches:
by setting a color of a background portion of the text string that is a portion inside a frame surrounding the text string differently from a color of the text string and differently from a color of a background of at least a region of a display region of the display device in which the text string is displayed (Conaway [0050] For instance, to emphasize the task, the checklist system 422 may perform one or a combination of change of color, bold, highlight, italicize, etc., on text or symbols associated with the task and/or dim a background of not completed tasks and/or non-required tasks.)
Therefore, it would have been obvious before the effective filing date of the claimed invention to use a frame with color change as taught by Conaway. The rationale for doing so would have been a simple substitution of emphasis, where Bhalla discloses attracting the users gaze through emphasis such as color or bolding, and Conaway provides an alternative form of emphasis using highlighting (text and frame colored differently from a background), where the same content is still being displayed, and there is just a substitution of visual characteristics, where changes in visual characteristics are very well known . Therefore it would have been obvious to combine Conaway with Bhalla to obtain the invention.
Conclusion
For the prior art referenced and the prior art considered pertinent to Applicant’s disclosure but not relied upon, see PTO-892 “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PRINGLE-PARKER whose telephone number is (571) 272-5690 and e-mail is jason.pringle-parker@uspto.gov. The examiner can normally be reached on 8:30am-5:00pm est Monday-Friday. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, King Poon can be reached on (571) 270-0728. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON A PRINGLE-PARKER/
Primary Examiner, Art Unit 2617