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 .
Response to Amendment
Applicant’s amendment filed on February 9, 2026 amends claims 1-12. Claims 1-12 are pending.
Response to Arguments
Applicant's arguments filed on February 9, 2026 regarding the newly presented claim limitations have been fully considered and are moot as shown in the rejections that follow. The newly presented claims, which necessitate a new ground of rejection, are taught by Micks in combination with newly cited reference, Schwartz (US 2010/0204877), as shown in the rejections that follow.
Claim Objections
Claim 2 is objected to because of the following informalities:
In claim 2, the words “recognize first vehicle that” should be changed to “recognize the first vehicle that” to address an antecedent basis issue.
Appropriate amendments are required to address the above-identified issues.
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.
Claims 1-12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. In addition to a number of antecedent basis issues, the claims fail to interrelate essential elements of the invention.
Independent claim 1 is rejected under 35 U.S.C. 112(b). The last clause of claim 1 recites “and in response to a determination that the own vehicle does not start from the stopped state, generate a control signal to adjust at least one of: a vehicle speed set value and a brake control set value.” There is an antecedent basis issue with respect to the term, “a vehicle”. It is unclear whether “a vehicle” is referring to the own vehicle or the first vehicle, or some other vehicle. Appropriate correction is required.
Furthermore, with respect to claim 1, each of the following terms: a “speed set value” and “brake control set value”, were not disclosed in the specification. Nor does the specification does provide a definition, examples, structural description, or measurable criteria that would allow a person of ordinary skill in the art to determine the scope of the foregoing terms with reasonable certainty. Because the meaning of “speed set value” or “brake control set value” cannot be determined from the specification, claim 1 is ambiguous and the metes and bounds of the claimed invention cannot be ascertained. Applicant is required to delete the foregoing terms or amend the claim to clarify the meaning of these terms. No new matter should be added for any amendment.
Independent claim 11 recites a method that performs the same steps recited in independent claim 1. Claim 11 is rejected under 35 U.S.C. 112(b) for the same reasons claim 1 has been rejected. Examiner directs the Applicant to the rationale provided in claim 1 above.
Claims 2-10 depend on independent claim 1 and claim 12 depends on independent claim 11. Claims 2-10 and 12 are also rejected under 35 U.S.C. 112(b), second paragraph because they inherit the limitations and fail to resolve the deficiencies of their respective independent claims.
Appropriate amendments are required to address the above-identified issues. No new matter should be added for any amendment. For the sake of an examination of the merits, the Examiner will strike-out the above-identified claim language. Examiner reserves the right to update/revise an examination of the merits of the claims at a future date after appropriate amendments are made by the Applicant.
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 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Micks et al. (US 2017/0174261) in view of Schwartz (US 2010/0204877).
Regarding claim 1, Micks teaches an onboard electronic control device for an own vehicle traveling in a first traffic lane, the device comprising: a sensor unit mounted on the own vehicle and configured to detect surrounding vehicles and traffic lanes; and one or more processors configured to: recognize, based on a recognition result of the sensor unit, a first vehicle different from the own vehicle and starting from a stopped state in a second traffic lane different from the first traffic lane; (see Micks at [0012] which discloses that the assisted vehicle can be equipped with 360 degree sensing system including, but not limited to, a camera, LIDAR, radar, and/or other range finding or imaging sensors; see Micks at [0012] which discloses that in one embodiment, the system may be configured to perform the following: locate nearby vehicles that are moving in adjacent lanes; see Micks at [0021] in conjunction with Fig. 1 which discloses that the automated driving/assistance system 102 includes a driver intent component 104, which may predict a future movement of other vehicles; see Micks at [0038] which discloses that the vehicle control system 100 may determine one or more details about movement of the additional vehicles 204 and 206 and that for example, the vehicle control system 100 may detect a relative speed, direction, or other movement of the additional vehicles 204 and 206 and that these movement details may further inform whether a lane change, slow down, acceleration, or other driving maneuver should be performed by the vehicle 202 to avoid collision or maintain safe driving distances between vehicles. Also, see Micks at [0044] in conjunction with Fig. 6 which discloses that the driver intent component 104 includes a perception data component 602, a detection component 604, a boundary component 606, a turn signal component 608, a vehicle movement component 610, a prediction component 612, a driving maneuver component 614, and a notification component 616. Micks at [0045] further discloses that the perception data component 602 is configured to receive sensor data from one or more sensor systems of the vehicle, and that for example, the perception data component 602 may receive data from the radar system 106, the LIDAR system 108, the camera system 110, the GPS 112, the ultrasound system 114, or the like; Micks at [0045] further discloses that the camera system 110 captures an image of a proximal vehicle that is in a same lane or in a lane near the vehicle and traveling in the same direction as the parent vehicle. Also, see Micks at [0015] which discloses that implementations of the systems, devices, and methods disclosed herein may comprise or utilize a special purpose or general-purpose computer including computer hardware, such as, for example, one or more processors and system memory, as discussed in greater detail below and that implementations within the scope of the present disclosure may also include physical and other computer-readable media for carrying or storing computer-executable instructions and/or data structures. Examiner notes that movement details of the additional vehicles 204 206 may include any movement, including starting from a stopped state in the same lane or in a lane near the vehicle, which may be captured by way of sensor data provided by any one of the sensors, such as the camera system 110, for example. Examiner maps in a lane near the vehicle to a second traffic lane different from the first traffic lane in which the own vehicle travels.)
determine a traveling direction of the second traffic lane around the first traffic lane based on a traveling direction of the first traffic lane, a start direction of the first vehicle, and a traffic lane position of the second traffic lane (see Micks at [0012] which discloses that the system uses the satus ofsee Micks at [0033] which discloses that the automated driving/assistance system 102 is configured to control driving or navigation of a parent vehicle and that the automated driving/assistance system 102 may control the vehicle control actuators 120 to drive a path on a road, parking lot, through an intersection, driveway or other location. Examiner notes that the automated driving/assistance system is used to determine whether the own vehicle starts or stops. Otherwise, the automated driving/assistance system 102 would not be able to navigate the parent vehicle to drive a path on a road, parking lot, through an intersection, driveway or other location. Further, see Micks at [0012] which discloses that the system may be configured to perform the following: locate nearby vehicles that are moving in adjacent lanes; see Mick at [0042] which further discloses that the driver intent component 104 may identify a region of a viewing area or a region of an image that corresponds to a vehicle and may localize that vehicle in a same or adjacent lane and that the adjacent lane may include an immediately adjacent lane (e.g., to a right or left of a current lane of a vehicle) or may include a lane offset by one or more lanes from the vehicle (e.g., two lanes to the right or left of the current lane); see Micks at [0045] further discloses that the camera system 110 captures an image of a proximal vehicle that is in a same lane or in a lane near the vehicle and traveling in the same direction as the parent vehicle; see Micks at [0048] which discloses that in one embodiment, the detection component 604 may also determine whether the vehicle is moving in the same or similar direction as a parent vehicle; see Micks at [0053] which discloses that in one embodiment, the vehicle movement component 610 may detect that a vehicle is traveling in a same or similar direction as a parent vehicle; see Mick at [0058] which further discloses that the prediction component 612 may predict a timing and direction of travel for the vehicle. Examiner notes that locating nearby vehicles that are moving in adjacent lanes and determining whether the vehicle is moving in the same or similar direction as the parent vehicle when the parent vehicle starts from a stopping state corresponds to determining a traveling direction of the second traffic lane around the first traffic lane based on a traveling direction of the first traffic lane, a start direction of the first vehicle, and a traffic lane position of the second traffic lane. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language in light of what is written in the specification.)
Micks does not expressly disclose determine whether the own vehicle starts from a stopped state; in response to a determination that the own vehicle starts from the stopped state, which in a related art, Schwartz teaches (see Schwartz at [0012] which discloses as novel method of detecting the stopping and starting of a car using an accelerometer; see Schwartz at [0014] which discloses that the accelerometer can also be used to measure accelerations to help determine the operational state of the vehicle and that a variation on the invention can also be used to detect the operation state of an electric vehicle by using sensors like accelerometer and using pattern recognition to recognize the different states. Also, see Schwartz at [0015] which discloses that in another embodiment, the portable device using onboard sensors detects that the car is moving or moving at a certain speed which triggers certain actions. Examiner notes that detection an operational state, such as stopping and starting of a car using sensors, such as an accelerometer, corresponds to determining whether the own vehicle starts from a stopped state. Furthermore, triggering certain actions when the sensors detect that the car is moving corresponds to in response to a determination that the own vehicle starts from the stopped state.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Micks to include determining whether the own vehicle starts from a stopped state; in response to a determination that the own vehicle starts from the stopped state, as taught by Schwartz.
One would have been motivated to make such a modification to trigger certain actions, as suggested by Schwartz at [0015].
Regarding claim 2, the modified Micks teaches the onboard electronic control device according to claim 1, wherein the one or more processors are further configured to: recognize, first vehicle that starts from the stopped state in the second traffic lane in response to a determination that the own vehicle starts (see Schwartz at [0012] which discloses as novel method of detecting the stopping and starting of a car using an accelerometer; see at least Schwartz at [0014] which discloses that the accelerometer can also be used to measure accelerations to help determine the operational state of the vehicle and that a variation on the invention can also be used to detect the operation state of an electric vehicle by using sensors like accelerometer and using pattern recognition to recognize the different states; see Schwartz at [0015] which discloses that in another embodiment, the portable device using onboard sensors detects that the car is moving or moving at a certain speed which triggers certain actions. Also, see Micks at [0012] which discloses that the system may be configured to perform the following: locate nearby vehicles that are moving in adjacent lanes; see Micks at [0038] which discloses that the vehicle control system 100 may determine one or more details about movement of the additional vehicles 204 and 206 and that for example, the vehicle control system 100 may detect a relative speed, direction, or other movement of the additional vehicles 204 and 206 and that these movement details may further inform whether a lane change, slow down, acceleration, or other driving maneuver should be performed by the vehicle 202 to avoid collision or maintain safe driving distances between vehicles. Also, see Micks at [0044] in conjunction with Fig. 6 which discloses that the driver intent component 104 includes a perception data component 602, a detection component 604, a boundary component 606, a turn signal component 608, a vehicle movement component 610, a prediction component 612, a driving maneuver component 614, and a notification component 616. Micks at [0045] further discloses that the perception data component 602 is configured to receive sensor data from one or more sensor systems of the vehicle, and that for example, the perception data component 602 may receive data from the radar system 106, the LIDAR system 108, the camera system 110, the GPS 112, the ultrasound system 114, or the like. Examiner notes that the driver intent component perceives that own vehicle may start from a stopped state. Examiner further notes that the vehicle control system 100 may determine one or more details about movement of the additional vehicles 204 and 206 in an adjacent lane.)
Regarding claim 3, the modified Micks teaches the onboard electronic control device according to claim 1, wherein the one or more processors are further configured to: determine the traveling direction of the second traffic lane around the first traffic lane in response to a determination that the own vehicle starts (see Micks at [0038] which discloses that the vehicle control system 100 may determine one or more details about movement of the additional vehicles 204 and 206 and that for example, the vehicle control system 100 may detect a relative speed, direction, or other movement of the additional vehicles 204 and 206 and that these movement details may further inform whether a lane change, slow down, acceleration, or other driving maneuver should be performed by the vehicle 202 to avoid collision or maintain safe driving distances between vehicles; see Micks at [0048] which discloses that in one embodiment, the detection component 604 may also determine whether the vehicle is moving in the same or similar direction as a parent vehicle.)
Regarding claim 4, the modified Micks teaches the onboard electronic control device according to claim 1, wherein the one or more processors are further configured to: determine a traveling direction of a third traffic lane located opposite the second traffic lane with respect to the first traffic lane based on the start direction of the first vehicle that starts in the second traffic lane (as was previously stated by the Examiner in the rejection of claim 1, see Micks at [0045] further discloses that the camera system 110 captures an image of a proximal vehicle that is in a same lane or in a lane near the vehicle and traveling in the same direction as the parent vehicle; see Micks at [0048] which discloses that in one embodiment, the detection component 604 may also determine whether the vehicle is moving in the same or similar direction as a parent vehicle; see Micks at [0053] which discloses that in one embodiment, the vehicle movement component 610 may detect that a vehicle is traveling in a same or similar direction as a parent vehicle; see Mick at [0058] which further discloses that the prediction component 612 may predict a timing and direction of travel for the vehicle. Further, see Mick at [0012] which discloses that the system may be configured to perform the following: locate nearby vehicles that are moving in adjacent lanes; see Mick at [0042] which discloses that the adjacent lane may include an immediately adjacent lane (e.g., to a right or left of a current lane of a vehicle) or may include a lane offset by one or more lanes from the vehicle (e.g., two lanes to the right or left of the current lane). Examiner maps an immediately adjacent lane (e.g., to a right or left of a current lane of a vehicle) from one or both sides of the own traffic lane as the second side and another side as the third side.)
Regarding claim 5, the modified Micks teaches the onboard electronic control device according to claim 4, wherein the one or more processors are further configured to: determine that the third traffic lane in which a second vehicle starts in a direction identical to the traveling direction of the first traffic lane is a forward traveling traffic lane that permits travel in a direction identical to that of the first traffic lane (see Mick at [0035] in conjunction with Fig. 2 which discloses a schematic top view of a roadway 200 with a vehicle 202 traveling on the roadway and that the roadway also includes a second lane 210 and a third lane 212 that have a same direction of travel as the first lane 208. Examiner notes that all three lanes are traveling in the same direction. Examiner notes that the middle lane may correspond to the own traffic lane while the adjacent left and right lanes correspond to traffic lanes on the first side and second side that are in the traveling direction of the own vehicle.)
Regarding claim 6, the modified Micks teaches the onboard electronic control device according to claim 1, further comprising a traveling direction storage unit that stores the traveling direction of the first traffic lane, wherein the one or more processors are further configured to update or erase stored traveling direction data of the first traffic lane according to (i) an increase or decrease in a number of traffic lanes of a road on which the own vehicle travels or (ii) a change in heading of the own vehicle when executing a right turn or left turn at an intersection (see Mick at [0015] which discloses that implementations within the scope of the present disclosure may also include physical and other computer-readable media for carrying or storing computer-executable instructions and/or data structures, that such computer-readable media can be any available media that can be accessed by a general purpose or special purpose computer system, that computer-readable media that store computer-executable instructions are computer storage media (devices), and that computer-readable media that carry computer-executable instructions are transmission media, and that, by way of example, and not limitation, implementations of the disclosure can comprise at least two distinctly different kinds of computer-readable media: computer storage media (devices) and transmission media; see Mick at [0019] which discloses that in a distributed system environment, program modules may be located in both local and remote memory storage devices. Moreover, see Mick at [0030] which discloses that the data store 116 stores map data, driving history, and other data, which may include other navigational data, settings, or operating instructions for the automated driving/assistance system 102, the map data may include location data, such as GPS location data, for roads, parking lots, parking stalls, or other places where a vehicle may be driven or parked, that for example, the location data for roads may include location data for specific lanes, such as lane direction, merging lanes, etc. Examiner notes that storing map data, including driving history, and other data such as other navigational data, settings, or operating instructions for the automated driving/assistance system 102 corresponds to storing data related to an increase or decrease in a number of traffic lanes of a road on which the own vehicle travels or a change in heading of the own vehicle when executing a right turn or left turn at an intersection. Examiner further notes that the published specification (US 2025/0100549) at [0038] discloses that the arithmetic device 240 is mounted on an ECU including a CPU and a memory (ROM, RAM), and executes various processing programs previously stored in the memory, and that the arithmetic device 240 includes functional blocks of a traffic lane recognition processing unit 241, a target recognition processing unit 242, a start determination unit 243 (own vehicle start determination unit), a start vehicle recognition unit 244, a traveling direction determination unit 245, a traveling direction storage unit 246, and a driving support controller 247. Examiner notes that program modules which may be located in both local and remote memory storage device may correspond to the traveling direction storage unit. Examiner notes that a memory storage device may be used to update or erase data stored in program modules of local and remote memory storage devices, such as when updating the number of lanes in a forward direction. Therefore, Examiner has shown a teaching of the claimed invention in light of what is written in the specification.)
Regarding claim 7, the modified Micks teaches the onboard electronic control device according to claim 1, further comprising a driving support controller that controls speed of the own vehicle so as to catch up with a preceding vehicle traveling in front of the own vehicle at a previously set speed, decelerate, and follow the preceding vehicle, wherein the driving support controller changes the speed of the own vehicle based on the traveling direction of the own vehicle and the traveling direction of the first traffic lane (see Micks at [0033] which discloses that for example, the automated driving/assistance system 102 may determine a path and speed to drive based on information or perception data provided by any of the components 106-118; see Micks at [0043] which discloses that the decision matrix may include a plurality of values that may be considered in determining a future maneuver of a vehicle, and that for example, the matrix may be used to determine whether to change a lane, speed up, slow down, or perform any other maneuver or combination of maneuvers. The Examiner maps the automated driving/assistance system to the driving support controller that controls speed of the own vehicle.)
Regarding claim 8, the modified Micks teaches the onboard electronic control device according to wherein the one or more processors are further configured to: recognize a detected vehicle that passes through an intersection in a direction identical to the traveling direction of the own vehicle as the first vehicle when the detected vehicle starts from the stopped state before the intersection (see Micks at [0029] which discloses that the systems 106-110 and 114 may detect other vehicles, pedestrians, people, animals, a number of lanes, lane width, shoulder width, road surface curvature, road direction curvature, rumble strips, lane markings, presence of intersections, road signs, bridges, overpasses, barriers, medians, curbs, or any other details about a road; see Micks at [0033] which discloses that the automated driving/assistance system 102 may control the vehicle control actuators 120 to drive a path on a road, parking lot, through an intersection, driveway or other location and that for example, the automated driving/assistance system 102 may determine a path and speed to drive based on information or perception data provided by any of the components 106-118. Further, see Micks at least at [0012], [0038], and [0044-0045].)
Regarding claim 9, the modified Micks teaches the onboard electronic control device according to claim 7, further comprising a traveling direction storage unit that stores the traveling direction of the first traffic lane, wherein the driving support controller changes a control speed of the own vehicle from the previously set speed to a traveling speed in response to a determination that the first traffic lane is changed and the first traffic lane is not a forward traveling traffic lane based on the traveling direction of the first traffic lane stored in the traveling direction storage unit and a position of the first traffic lane on which the own vehicle currently travels (see Mick at [0015] which discloses computer-readable media that store computer-executable instructions are computer storage media (devices), and that computer-readable media that carry computer-executable instructions are transmission media, and that, by way of example, and not limitation, implementations of the disclosure can comprise at least two distinctly different kinds of computer-readable media: computer storage media (devices) and transmission media; see Mick at [0019] which discloses that in a distributed system environment, program modules may be located in both local and remote memory storage devices. Moreover, see Mick at [0030] which discloses that the data store 116 stores map data, driving history, and other data, which may include other navigational data, settings, or operating instructions for the automated driving/assistance system 102, the map data may include location data, such as GPS location data, for roads, parking lots, parking stalls, or other places where a vehicle may be driven or parked, that for example, the location data for roads may include location data for specific lanes, such as lane direction, merging lanes, etc.; see Micks at [0033] which discloses that for example, the automated driving/assistance system 102 may determine a path and speed to drive based on information or perception data provided by any of the components 106-118; see Micks at [0043] which discloses that the decision matrix may include a plurality of values that may be considered in determining a future maneuver of a vehicle, and that for example, the matrix may be used to determine whether to change a lane, speed up, slow down, or perform any other maneuver or combination of maneuvers. Examiner notes that program modules which may be located in both local and remote memory storage device may correspond to the traveling direction storage unit. The Examiner maps the automated driving/assistance system to the driving support controller that controls speed of the own vehicle and that the decision matrix may be used to determine whether to change a lane, speed up, slow down, or perform any other maneuver or combination of maneuvers.)
Regarding claim 10, the modified Micks teaches the onboard electronic control device according to claim 4, wherein the second traffic lane is on a right side of the first traffic lane relative to a roadway centerline when a forward traveling direction of the own vehicle is in a left side traffic system, the second traffic lane is on a side is on a left side of the first traffic lane relative to the roadway centerline when the forward traveling direction of the own vehicle is in a right side traffic system, the third traffic lane is on the left side of the first traffic lane relative to the roadway centerline when the forward traveling direction of the own vehicle is in the left side traffic system, and the third traffic lane is on the right side of the first traffic lane relative to the roadway centerline when the forward traveling direction of the own vehicle is in the right side traffic system (see Micks at [0035] in conjunction with Fig. 2 discloses that FIG. 2 is a schematic top view of a roadway 200 with a vehicle 202 traveling on the roadway, that the vehicle 202 is traveling in a first lane 208 of the roadway 200, and that the roadway also includes a second lane 210 and a third lane 212 that have a same direction of travel as the first lane 208. Examiner notes that Micks teaches three lanes and that the middle lane may be used by the own vehicle, and that the middle lane may be mapped to the first traffic lane, which is between the recited second traffic lane and the recited third traffic lane as depicted in Micks at Fig. 2, in either a left side traffic system or a right side traffic system. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language.)
Independent claim 11 is directed toward a method that performs the steps recited in the device of claim 1. The cited portions of the reference(s) used in the rejection of claim 1 teach the steps recited in the method of claim 11. Therefore, claim 11 is rejected under the same rationale used in the rejection of claim 1.
Claim 12 is directed toward a device and method that performs the steps recited in the device of claim 2. The cited portions of the reference(s) used in the rejection of claim 2 teach the steps recited in the method of claim 12. Therefore, claim 12 is rejected under the same rationale used in the rejection of claim 2.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROY RHEE whose telephone number is 313-446-6593. The examiner can normally be reached M-F 8:30 am to 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kito Robinson, can be reached on 571-270-3921. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROY RHEE/Examiner, Art Unit 3664
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