DETAILED ACTION
This Office action is in response to applicant’s amendments filed 04/21/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 08/21/2024. In applicant’s amendments filed 04/21/2026, claims 8, 14, 19, and 20 were withdrawn. Claims 1-20, as filed on 04/21/2026, are currently pending.
Applicant’s election with traverse of Species D (Figures 16-23) and claims 1-7, 9-13, and 15-18 in the reply filed on 04/21/2026 is acknowledged. The traversal is on the ground(s) that “any disclosure of the structures for connecting the barbell sleeve assembly 30 to the bar 12 disclosed in the application with respect to FIGS. 1-13 is incorporated as part of the disclosure of the embodiment of FIGS. 16-23 as well. Indeed, as noted above, claims 1-19 are all fully supported by the disclosure of the embodiment of FIGS. 16-23.”
This argument that Figures 1-13 and 16-23 represent a single grouping of patentably indistinct species is found persuasive. In light of applicant’s arguments with traverse and in the examiner-initiated interview on 05/19/2026, see attached, examiner and applicant's representative agreed that the species identified by the Office in the Requirement for Restriction/Election, dated 01/21/2026, are re-defined herein as follows:
Species A: Figures 1-13;
Species B: Figures 1-14;
Species C: Figures 1-13 and 15;
Species D: Figures 1-13 and 16-23;
Species E: Figures 1-13 and 24; and
Species F: Figures 1-13 and 25.
Accordingly, applicant's representative stated that applicant elects Species D (Figures 1-13 and 16-23) with traverse in that applicant believes that claims 1-19 read on this elected species, see above.
Claims 8, 14, 19, and 20, as filed on 04/21/2026, are no longer withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species because each of these claims reads on the elected Species D (Figures 1-13 and 16-23).
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-20, as filed on 04/21/2026, are considered below.
Specification
The abstract of the disclosure is objected to because of the following informalities:
In lines 5-6, “a connection assembly for connecting the sleeve to the end portion, which includes” should be --- a connection assembly for connecting the sleeve to the end portion, and including ---.
In lines 6-7, “received within the recessed slot and around the neck section,” should be --- received within the recessed slot, around the neck section, ---.
In line 10, “the slot” should be --- the recessed slot ---.
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 1-10, 16, 17, and 19 are objected to because of the following informalities:
In claim 1, line 12, “a pair of sleeve assemblies connected to the end portions of the bar” should be --- a pair of sleeve assemblies respectively connected to the end portions of the bar ---.
In claim 1, line 29, “the bore” should be --- the axial bore ---.
In each of claims 2-9, line 1, “The barbell of claim 0” should be --- The barbell of claim 1 ---. Refer to applicant’s claims as originally filed on 08/21/2024.
In claim 4, line 2, “the bore” should be --- the axial bore ---.
In claim 7, line 2, “creating ledges” should be --- respectively creating ledges ---.
In claim 8, lines 4-5, “the bore” should be --- the axial bore ---.
In claim 9, line 1, “the bore” should be --- the axial bore ---.
In claim 9, line 10, “the bore” should be --- the axial bore ---.
In claim 10, line 5, “a second end of the bar; and” should be --- a second end of the bar; ---.
In claim 16, line 22, “the first proximal washer proximal washer axially engaging” should be --- the first proximal washer axially engaging ---.
In claim 16, lines 26-27, “the split ring” should be --- the first split ring ---.
In claim 17, lines 1-2, “wherein the bar has a second end portion terminating in a second end, further comprising a second sleeve assembly” should be --- wherein the bar has a second end portion terminating in a second distal end, and wherein the assembly further comprises a second sleeve assembly ---. Refer to the 35 U.S.C. § 112(b) rejection of claim 16, see below, for the application of parallel structure in the recitation of the claims.
In claim 19, line 3, “the first end of the bar” should be --- the first distal end of the bar ---. Refer to the 35 U.S.C. § 112(b) rejection of claim 16, see below.
In claim 19, line 5, “the first end of the bar” should be --- the first distal end of the bar ---. Refer to the 35 U.S.C. § 112(b) rejection of claim 16, see below.
Appropriate correction is required.
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:
In claim 8, lines 2-6: “a fixed structure forming a part of the bar or fixedly joined to the bar, the fixed structure located axially inward from an end of the bar and creating a radial dimension too large for the fixed structure and a portion of the bar associated with the fixed structure to pass through the bore, wherein a distance between the end of the bar and the fixed structure is smaller than a length of the sleeve.”
In each of claims 14 and 19, lines 2-6: “a fixed structure forming a part of the bar or fixedly joined to the bar, the fixed structure located axially inward from the first end of the bar and creating a radial dimension too large for the fixed structure and a portion of the bar associated with the fixed structure to pass through the first axial bore, wherein a distance between the first end of the bar and the fixed structure is smaller than a length of the first sleeve.”
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 (see MPEP § 2183).
Such corresponding structure is/are:
Regarding the fixed structure, the specification, as originally filed, paragraph 0071, discloses: “For example, such a fixed structure may include a component that is permanently connected to the bar 12 (e.g., via an integral joining technique), such as the plates 20 in the embodiments of FIG. 14 and FIGS. 16-23. In one embodiment, the bar 12 itself may be part of another apparatus, such as a handle assembly, in which the entire length of the bar 12 itself is smaller than the length of the sleeve 31. As another example, such a fixed structure may form part of the bar, such as the curves or bends in the bar 12 in the embodiment of FIG. 15. Examples of barbells and other apparatuses in which over-insertion of the bar 12 through the bore 35 is difficult or impossible may include: curl bars (e.g., FIG. 15) or other barbells having curved grips; barbells with adjustable components (e.g., FIGS. 14 and 16-23); camber bars or other barbells having an entire center portion that is curved; safety squat bars; multi-grip bars, trap bars, or other barbells having a complex central gripping structure with sleeves mounted on both ends; various gripping handles or other weightlifting apparatuses having a sleeve connected thereto, or a plate-loadable weight post that may be replaced by a sleeve assembly as disclosed herein; etc.”
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 § 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 16-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation “the first distal end from the portion having the first outer diameter” in line 4. There is insufficient antecedent basis for “the first distal end” in this limitation in the claim. Applicant is therefore suggested to amend the limitation “a first end portion terminating in a first end,” recited in claim 16, lines 2-3, to --- a first end portion terminating in a first distal end ---.
Claims 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 16, which is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of co-pending Application No. 19/268,339 (reference application).
Regarding claim 10, the reference application discloses a barbell comprising (claim 1, line 1: “A barbell comprising”):
a bar having first and second opposed end portions spaced from each other along an axial direction, the first end portion having a first recessed slot located axially inward from a first end of the bar (claim 1, lines 2-5: “a bar having opposed first and second end portions spaced from each other along an axial direction, the first end portion having a first annular slot located axially inward from a first end of the bar”), and the second end portion having a second recessed slot located axially inward from a second end of the bar (claim 1, lines 7-9: “and the second end portion having a second annular slot located axially inward from a second end of the bar”); and
a first sleeve assembly connected to the first end portion of the bar and comprising a first sleeve having a first axial bore receiving the first end portion and a first connection assembly for connecting the first sleeve to the first end portion, the first axial bore having a first annular abutment surface formed by a change in inner diameter of the first axial bore, the first connection assembly comprising (claim 1, lines 12-19: “a first sleeve assembly connected to the first end portion of the bar and comprising a first sleeve having a first axial bore receiving the first end portion and a first connection assembly for connecting the first sleeve to the first end portion, the first axial bore having a first annular abutment surface formed by a change in inner diameter of the first axial bore, the first connection assembly comprising:”):
a first split ring positioned around the first end portion of the bar and comprising a first semi-annular piece and a second semi-annular piece both received within the first recessed slot (claim 1, lines 20-23: “a first split ring positioned around the first end portion of the bar and comprising a first semi-annular piece and a second semi-annular piece both received within the first annular slot”);
a first proximal washer positioned around the first end portion of the bar and axially inward from the first split ring, the first proximal washer axially engaging an inward axial side of the first split ring and axially engaging the first annular abutment surface (claim 1, lines 24-28: “a first proximal washer positioned around the first end portion of the bar and axially inward from the first split ring, the first proximal washer axially engaging an inward axial side of the first split ring and axially engaging the first annular abutment surface”);
a first distal washer positioned around the first end portion of the bar and axially outward from the first split ring, the first distal washer axially engaging an outward axial side of the first split ring (claim 1, lines 29-32: “a first distal washer positioned around the first end portion of the bar and axially outward from the first split ring, the first distal washer axially engaging an outward axial side of the first split ring”);
a first annular member extending circumferentially around the first split ring and radially retaining the first and second semi-annular pieces of the first split ring within the first recessed slot (claim 1, lines 33-36: “a first annular member extending circumferentially around the first split ring and radially retaining the first and second semi-annular pieces of the first split ring within the first annular slot”); and
a first retaining member positioned axially outward from the first distal washer and axially engaging the first distal washer and an inner surface of the first axial bore to retain the first proximal washer, the first distal washer, and the first split ring in connection with the bar and the first sleeve (claim 1, lines 37-44: “and a first retaining member positioned axially outward from the first distal washer and axially engaging the first distal washer and an inner surface of the first axial bore, such that the first proximal washer, the first distal washer, the first annular member, and the first split ring are axially fixed between the first annular abutment surface and the first retaining member”); and
a second sleeve assembly connected to the second end portion of the bar and comprising a second sleeve having a second axial bore receiving the second end portion and a second connection assembly for connecting the second sleeve to the second end portion, the second axial bore having a second annular abutment surface formed by a change in inner diameter of the second axial bore, the second connection assembly comprising (claim 1, lines 45-53: “a second sleeve assembly connected to the second end portion of the bar and comprising a second sleeve having a second axial bore receiving the second end portion and a second connection assembly for connecting the second sleeve to the second end portion, the second axial bore having a second annular abutment surface formed by a change in inner diameter of the second axial bore, the second connection assembly comprising:”):
a second split ring positioned around the second end portion of the bar and comprising a third semi-annular piece and a fourth semi-annular piece both received within the second recessed slot (claim 1, lines 54-57: “a second split ring positioned around the second end portion of the bar and comprising a third semi-annular piece and a fourth semi-annular piece both received within the second annular slot”);
a second proximal washer positioned around the second end portion of the bar and axially inward from the second split ring, the second proximal washer axially engaging an inward axial side of the second split ring and axially engaging the second annular abutment surface (claim 1, lines 58-63: “a second proximal washer positioned around the second end portion of the bar and axially inward from the second split ring, the second proximal washer axially engaging an inward axial side of the second split ring and axially engaging the second annular abutment surface”);
a second distal washer positioned around the second end portion of the bar and axially outward from the second split ring, the second distal washer axially engaging an outward axial side of the second split ring (claim 1, lines 64-68: “a second distal washer positioned around the second end portion of the bar and axially outward from the second split ring, the second distal washer axially engaging an outward axial side of the second split ring”);
a second annular member extending circumferentially around the second split ring and radially retaining the third and fourth semi-annular pieces of the second split ring within the second recessed slot (claim 1, lines 69-72: “a second annular member extending circumferentially around the second split ring and radially retaining the third and fourth semi-annular pieces of the second split ring within the second annular slot”); and
a second retaining member positioned axially outward from the second distal washer and axially engaging the second distal washer and an inner surface of the second axial bore to retain the second proximal washer, the second distal washer, and the second split ring in connection with the bar and the second sleeve (claim 1, lines 73-80: “a second retaining member positioned axially outward from the second distal washer and axially engaging the second distal washer and an inner surface of the second axial bore such that the second proximal washer, the second distal washer, the second annular member, and the second split ring are axially fixed between the second annular abutment surface and the second retaining member”).
Regarding claim 13, the reference application further discloses wherein the first retaining member is a first snap ring positioned in a first annular groove on the inner surface of the first axial bore, and the second retaining member is a second snap ring positioned in a second annular groove on the inner surface of the second axial bore (claim 3, lines 1-6: “wherein the first retaining member is a first snap ring positioned in a first annular groove on the inner surface of the first axial bore, and the second retaining member is a second snap ring positioned in a second annular groove on the inner surface of the second axial bore”).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 1-9 are allowed over the prior art.
Claims 10 and 13 would be allowable if a terminal disclaimer is filed or if rewritten or amended to overcome the provisional nonstatutory double patenting rejections set forth in this Office action.
Claims 11, 12, 14, and 15 are objected to as being dependent upon a rejected base claim (claim 10), but would be allowable if a terminal disclaimer is filed or if claim 10 is rewritten or amended to overcome the provisional nonstatutory double patenting rejections set forth in this Office action.
Claims 16-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record (Garcia (US 11,497,955; US 12,138,502): Figure 19) fails to teach or render obvious a barbell in combination with all of the elements and structural and functional relationships as claimed and further including:
the connection assembly comprising: a split ring comprising a first semi-annular piece and a second semi-annular piece received within the recessed slot and around the neck section of the projection; a proximal washer positioned axially inward from the split ring, around the shoulder section of the projection, the proximal washer engaging an inward axial side of the split ring; a distal washer positioned axially outward from the split ring, around the head section of the projection, the distal washer engaging an outward axial side of the split ring; and an annular member extending circumferentially around the split ring and radially retaining the first and second semi-annular pieces within the recessed slot (claim 1); and
the first connection assembly comprising: a first split ring positioned around the first end portion of the bar and comprising a first semi-annular piece and a second semi-annular piece both received within the first recessed slot; a first proximal washer positioned around the first end portion of the bar and axially inward from the first split ring, the first proximal washer axially engaging an inward axial side of the first split ring and axially engaging the first annular abutment surface; a first distal washer positioned around the first end portion of the bar and axially outward from the first split ring, the first distal washer axially engaging an outward axial side of the first split ring; and a first annular member extending circumferentially around the first split ring and radially retaining the first and second semi-annular pieces of the first split ring within the first recessed slot; and
the second connection assembly comprising: a second split ring positioned around the second end portion of the bar and comprising a third semi-annular piece and a fourth semi-annular piece both received within the second recessed slot; a second proximal washer positioned around the second end portion of the bar and axially inward from the second split ring, the second proximal washer axially engaging an inward axial side of the second split ring and axially engaging the second annular abutment surface; a second distal washer positioned around the second end portion of the bar and axially outward from the second split ring, the second distal washer axially engaging an outward axial side of the second split ring; and a second annular member extending circumferentially around the second split ring and radially retaining the third and fourth semi-annular pieces of the second split ring within the second recessed slot (claim 10).
The prior art of record (Garcia (US 11,497,955; US 12,138,502): Figure 19) fails to teach or render obvious an assembly for use in weightlifting in combination with all of the elements and structural and functional relationships as claimed and further including:
the first connection assembly comprising: a first split ring comprising a first semi-annular piece and a second semi-annular piece received within the first recessed slot and around the first neck section, wherein the first split ring, assembled within the first recessed slot, has an inner width smaller than the second outer diameter and the fourth outer diameter; a first proximal washer positioned axially inward from the first split ring, around the first shoulder section, the first proximal washer proximal washer axially engaging an inward axial side of the first split ring and axially engaging the first annular abutment surface; a first distal washer positioned axially outward from the first split ring, around the first head section, the first distal washer axially engaging an outward axial side of the split ring; and a first annular member extending circumferentially around the first split ring and radially retaining the first and second semi-annular pieces within the first recessed slot (claim 16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn B Jimenez can be reached on (571)272-4966. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784