DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Statements regarding foreign priority claim in this document, supersedes previous statements and acknowledgment.
Foreign priority has not been claimed for this invention and thus, the acknowledgement of foreign priority previously given in the Office Action mailed on 12/29/2025 is withdrawn.
Response to Arguments
Applicant’s arguments filed on 02/13/2026, with respect to the 35 U.S.C. 112b rejection of claim 20, have been considered and are persuasive in light of the amendments. The 35 U.S.C 112b rejection has been withdrawn.
Applicant’s arguments filed on 02/13/2026, with respect to the 35 U.S.C. 102(a)(1) rejection of claim 1 (see “Suzuki Does Not Anticipate Claim 1” section), have been considered and are persuasive. The 35 U.S.C. 102(a)(1) rejection of claim 1 over Suzuki et al. (US 4719931) has been withdrawn.
Applicant’s arguments filed on 02/13/2026, with respect to the 35 U.S.C. 102(a)(1) rejection of claim(s) 1-6, 8, and 12-14 (see “Eun Does Not Anticipate Claims 1-6, 8, and 12-14” section), have been considered and are persuasive. The 35 U.S.C. 102(a)(1) rejections of claim(s) 1-6, 8, and 12-14 over Eun (US 20140251366 A1), have been withdrawn.
Regarding the amended claim 1, the amendment of claim 1 to incorporate some limitations originally in claim 7 renders the above rejection moot, however, the new amendment of claim 1 necessitates new grounds of rejection with the introduction of new prior arts than previously cited in the last Office Action mailed on 12/29/2025, thus a new search. Amended claim 1 includes the following claim limitations that changes the scope of the claim than previously presented in the claim filed 10/11/2024:
an air flow direction chamber to receive air from the fan (previous claim language was: “a chamber directing the air from the handle into the pair of air output channels”)
a first air output channel and a second air output channel (previous claim language was: “a pair of air output channels which are disposed on opposite sides of the chamber”)
a bridge extending between the first air output channel and the second air output channel in a direction that is transverse a direction of extension of the first air output channel and the second air output channel (previous claim language was: “a bridge that joins between the pair of air output channels”)
the bridge is in fluid communication with the first air output channel and the second air output channel (previous claim language was: “a bridge that joins between the pair of air output channels”)
In light of the new scopes of the amended claim 1 which were never previously considered, a new search was conducted incorporating the new scopes of the amended claim 1, and a new rejection with a new prior art has been presented below in the appropriate claim rejection section below.
Regarding the amended claim 8, the amendment of claim 8 to incorporate some limitations of the amended claim 1 (02/13/2026) and previously filed claim 7 (10/11/2024) renders the above rejection moot, however, the new amendment of claim 8 necessitates new grounds of rejection with the introduction of new prior arts than previously cited in the last Office Action mailed on 12/29/2025, thus a new search. Amended claim 8 includes the following claim limitations that changes the scope of the claim than previously presented in the claim filed 10/11/2024:
a bridge extending between the pair of air output channels in a direction transverse to the pair of air output channels, such that the bridge is in fluid communication with the pair of air output channels (“a bridge that joins between the pair of air output channels”)
a curved wall (“not previously presented”)
In light of the new scopes of the amended claim 8 which were never previously considered, a new search was conducted incorporating the new scopes of the amended claim 8, and a new rejection with a new prior art has been presented below in the appropriate claim rejection section below.
Applicant’s arguments with respect to claim(s) 2-6 and 12-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments with respect to claim(s) 7 have been considered and are persuasive. The rejection of claim 7 under Suzuki in view of Seidler (and/or Eun in view of Suzuki and further in view of Seidler) has been rendered moot because applicant canceled claim 7 without prejudice or disclaimer.
Applicant’s arguments with respect to claim(s) 9-11, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments filed on 02/13/2026, with respect to the 35 U.S.C. 102(a)(1) rejection of claim(s) 16, 17, 19, and 20 (see “Eun Does Not Anticipate Claims 16, 17, 19, and 20” section), have been considered and are not persuasive/moot because the rejection was based on Eun WO 2021015361 (referenced in applicant’s response as “Eun2”, see Cited Documents section of the applicant’s response files 02/13/2026) and do not base on Eun (US 20140251366) (referenced in applicant’s response as “Eun”, see Cited Documents section of the applicant’s response files 02/13/2026). Therefore, the 35 U.S.C. 102(a)(1) rejections of claim(s) 16, 17, 19, and 20 over Eun (WO 2021015361) are sustained.
Regarding the amended claim 16, the amendment of claim 16 to incorporate some limitations of the amended claim(s) 1 and 8 (02/13/2026) and previously filed claim 7 (10/11/2024) renders the above rejection moot, however, the new amendment of claim 16 necessitates new grounds of rejection with the introduction of new prior arts than previously cited in the last Office Action mailed on 12/29/2025, thus a new search. Amended claim 16 includes the following claim limitations that changes the scope of the claim than previously presented in the claim filed 10/11/2024:
a curved wall (“not previously presented”)
a bridge is in fluid communication with the pair of air output channels (“not previously presented”)
directing the air flow from the bridge to the curved wall (“not previously presented”)
In light of the new scopes of the amended claim 16 which were never previously considered, a new search was conducted incorporating the new scopes of the amended claim 16.
Applicant’s arguments with respect to claim(s) 17-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 - 5, 8, 10 – 14, 16-17, and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eun (WO 2021015361 A1)
Regarding claim 1, Eun discloses a mascara drying and eyelash lifting device (1 Fig. 3) comprising:
a handle (see annotated Fig. 3);
a fan (120 Fig. 3) disposed within the handle (see annotated Fig. 3; see that the fan element 120 is disposed within the annotated handle); and
an air applicator (see annotated Fig. 3) coupled to the handle (see the annotated air applicator is coupled to the handle portion of the device; see annotated Fig. 3), the air applicator including:
an air flow direction chamber (see annotated Fig. 3 and annotated Fig. 6) to receive air from the fan (Fig.3; see that the air from the fan flows to the annotated air flow direction chamber as illustrated by the dotted arrows in Fig. 3; see H1 of translation_WO_2021015361; note that element 200b is another embodiment of element 200),
a first air output channel (215a Fig. 6) extending away from the air flow direction chamber at a first side of the air flow direction chamber (see annotated Fig. 6),
a second air output channel (215b Fig. 6) extending away from the air flow direction chamber from a second side of the air flow direction chamber that is opposite the first side (see annotated Fig. 6),
a bridge (see annotated Fig. 6) extending between the first air output channel and the second air output channel in a direction that is transverse a direction of extension of the first air output channel and the second air output channel (see annotated Fig. 6; see that the annotated bridge runs transverse elements 215a and 215b), such that the bridge is in fluid communication with the first air output channel and the second air output channel (see annotated Fig. 6; see that the annotated bridge is in fluid communication with 215a and 215b thus could allow the flow of air between elements 215a and 215b), and
a vent along the bridge (213 Fig. 6), whereby the air passes out of the air applicator (Fig. 6; see dotted arrows illustrating the flow of air (W) from the applicator subsequently passes out from the bridge).
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Regarding claim 2, Eun discloses the claimed invention substantially as set forth in claim 1. Regarding claim 2, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3) further comprising an eyelash pad (230 Fig. 6) connected to the air applicator via at least one of the first air output channel, the second air output channel, and the bridge (see Fig. 6; see that element 230 is connected to the air applicator (a portion of which is shown in the annotated Fig. 6) via at least elements 215a or 215b or the bridge).
Regarding claim 3, Eun discloses the claimed invention substantially as set forth in claim 1. Regarding claim 3, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), wherein the handle (see annotated Fig. 3) includes a housing (100 Fig. 3), and wherein the fan (120 Fig. 3) is contained within the housing (see Fig. 3 and abstract).
Regarding claim 4, Eun discloses the claimed invention substantially as set forth in claim 1. Regarding claim 4, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), wherein the fan is an axial fan (see Fig. 3), positioned at a first end (the end proximate to element 11; Fig. 3) of the handle (see annotated Fig. 3), so as to draw the air (W Fig. 3) into the handle at the first end via air intake apertures (111 Fig. 3) and to push the air out a second end (the end proximate to element 140) of the handle into the air flow direction chamber (see Fig. 3: the dotted arrows shows the travel trajectory of the air (W) from the first end towards the second end, and subsequently into the air flow direction chamber. See H1 of translation_WO_2021015361; note that element 200b is another embodiment of element 200).
Regarding claim 5, Eun discloses the claimed invention substantially as set forth in claim 1. Regarding claim 5, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), the air applicator (see annotated Fig. 3) further comprising a vent aperture (213 Figs. 3 and 6; as claimed in claim 1 of the application, the air applicator includes air flow chamber, a first and a second air output channel, a bridge and a vent) through which the fan (120 Fig.
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3) pushes the air to blow across an eyelash pad (230 Figs. 3 and 6).
Regarding claim 8, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3) comprising: a handle including a fan (120 Figs. 3, 6, and annotated Fig. 3) therein; an air applicator (see annotated Fig. 3) connecter to the handle (see the annotated air applicator is coupled to the handle portion of the device; see annotated Fig. 3), the air applicator including: an air chamber (see annotated Fig. 3 and annotated Fig. 6), a pair of air output channels (215a/b Fig. 6) extending from the air chamber (see annotated Fig. 6), and a bridge (see annotated Fig. 6) extending between the pair of air output channels in a direction transverse to the pair of air output channels channel (see annotated Fig. 6; see that the annotated bridge runs transverse elements 215a and 215b), such that the bridge is in fluid communication with the pair of air output channels (see annotated Fig. 6; see that the annotated bridge is in fluid communication with 215a and 215b thus could allow the flow of air between elements 215a and 215b); a curved wall (217 annotated Fig. 6) extending from the air applicator (see that element 217 is extending in a direction perpendicular to a central longitudinal axis of the applicator), wherein the fan (120 Fig. 3) blows air through the handle (see annotated Fig. 3), the air applicator (see annotated Fig. 3), and across the curved wall (217 Figs. 3 and 6) from a vent aperture (213 Figs. 3 and 6) at an end of the air applicator (see annotated Figs. 3 and 6).
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Regarding claim 10, Eun discloses the claimed invention substantially as set forth in claim 8. Regarding claim 10, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), wherein the vent aperture (213 Fig. 6) is located within the bridge (see Fig. 6).
Regarding claim 11, Eun discloses the claimed invention substantially as set forth in claim 8. Regarding claim 11, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), wherein an end of the air applicator (the end proximate elements 130, 110, and 113; see annotated Fig. 3) is curved relative to the handle (see annotated Fig. 3: see that the end of the air applicator proximate to elements 130, 110 and 113 is curved relative to the annotated handle).
Regarding claim 12, Eun discloses the claimed invention substantially as set forth in claim 8. Regarding claim 12, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), wherein the device dries mascara on eyelashes (B Figs. 7 - 8a-c) while simultaneously causing the eyelashes (B Figs. 7 - 8a-c) to be lifted due to pressure applied to the eyelashes via the curved wall (see Fig. 7; see the curved wall from which element 230 projects) (See H2 of translation_WO_2021015361; The curling member 200 supplies uniform warm air, cold air, or natural air to the entire region of the user's eyelashes through a plurality of air discharge holes 215 formed on the plate surface. In other words, the user applies mascara to the eyelashes (B) and contacts the brush 230 in a moist state in which moisture remains on the mascara, and supplies hot air, cold air or natural air in a curled state to fix and maintain the curl shape. . This allows the eyelashes to be effectively curled.).
Regarding claim 13, Eun discloses the claimed invention substantially as set forth in claim 8. Regarding claim 13, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), the air applicator (see annotated Fig. 3) further including an eyelash pad (230 Fig. 6) coupled to an end of the air applicator (see Fig. 3) such that the air flows across an upper side of the eyelash pad (see Figs. 6 and 8a-c).
Regarding claim 14, Eun discloses the claimed invention substantially as set forth in claim 8. Regarding claim 14, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3), wherein the handle (see annotated Fig. 3) includes a power toggle (140 annotated Fig. 3) to start the fan (120 annotated Fig. 3) (See H3 of translation_WO_2021015361; note that element 200b is another embodiment of element 200).
Regarding claim 16, Eun further discloses a method of using a mascara drying and eyelash lifting device (1 Fig. 3), the method comprising steps of: applying mascara to eyelashes (See H2 of translation_WO_2021015361; note that element 200b is another embodiment of element 200); holding the mascara drying and eyelash lifting device up to the eyelashes by pressing a curved wall against the eyelashes (see Fig. 7); turning on air flow by toggling a power toggle (140 Fig. 3) on the mascara drying and eyelash lifting device (See H3 of translation_WO_2021015361; note that element 200b is another embodiment of element 200); directing the air flow from a fan (140 Fig. 3) through a pair of air output channels (215a/b Fig. 6), directing the air flow from the pair of output channels to a bridge (see annotated Fig. 6) in fluid communication with the pair of air output channels, directing the air flow from the bridge to the curved wall (Fig.3; see that the air from the fan flows to the annotated air flow direction chamber as illustrated by the dotted arrows in Fig. 3; see H1 of translation_WO_2021015361; note that element 200b is another embodiment of element 200), and holding the mascara drying and eyelash lifting device in place for a predetermined amount of time (Figs. 8a-c and see H4 of translation_WO_2021015361: In addition, as shown in (c) of FIG. 8, the end of the eyelash (B) is bent upward with the brush 230 to form
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a curl shape, and then maintained for about 20 seconds.)
Regarding claim 17, Eun discloses the method of using a mascara drying and eyelash lifting device as set forth in claim 16. Eun further discloses the method of using a mascara drying and eyelash lifting device (1 Fig. 3), further comprising a step of turning off power (140 Figs. 2 - 3) to the mascara drying and eyelash lifting device (1 Figs. 2 - 3) (H3 of translation_WO_2021015361: when the input button (140) is operated, the control allows power from the battery to be supplied to the fan (120), thus, powering on the device. When the user is done using the device, it is obvious that input button (140), which is the only power button provided on the device, will be operated again to control stop power from the battery to be supplied to the fan (120), thus, powering off the device).
Regarding claim 19, Eun discloses a method of using a mascara drying and eyelash lifting device substantially as claimed in claim 16 above. Eun further discloses the method to claim 16 further comprising a step of providing the mascara drying and eyelash lifting device (1 Figs. 2 - 3), which includes: a handle (110 Fig. 2) including a fan (120 Fig. 3; the cross-section view of the device (1) illustrates the fan contained within the handle portion) therein, an air applicator connected to the handle (110) (see annotated Fig. 2), the air applicator including:
an air chamber (see annotated Fig. 3 and annotated Fig. 6),
the pair of air output channels (215a/b Fig. 6) extending from the air chamber (see annotated Fig. 6), and
the bridge (see annotated Fig. 6) extending between the pair of air output channels in a direction transverse to the pair of air output channels channel (see annotated Fig. 6; see that the annotated bridge runs transverse elements 215a and 215b), and
the curved wall (217 Fig. 6) connected to the air applicator (see annotated Fig. 2 below), wherein the step of turning on air flow causes the fan (120 Fig. 3) to blow air through the handle (110 Fig. 2; see Fig. 3) and the air applicator across the curved wall (217 Fig. 6) from a vent aperture (213 Figs. 3 and 6) at an end of the air applicator (see Fig. 3) (rotation of the fan draws in external air into the handle (110) and the air is pushed through the air applicator and across the eyelash pad (230) through the vent aperture (213) as illustrated in Fig. 3; H5 of translation_WO_2021015361).
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Regarding claim 20, Eun discloses a method of using a mascara drying and eyelash lifting device substantially as set forth in claim 16 above. Eun further discloses the method to claim 16, wherein the predetermined amount of time ranges from 1 second and 30 seconds (H4 of translation_WO_2021015361: In addition, as shown in (c) of FIG. 8, the end of the eyelash (B) is bent upward with the brush 230 to form a curl shape, and then maintained for about 20 seconds).
Regarding claim 21, Eun discloses the claimed invention substantially as set forth in claim 1. Regarding claim 21, Eun further discloses the mascara drying and eyelash lifting device (1 Fig. 3),wherein the air applicator (the end proximate elements 130, 110, and 113 of the annotated air applicator is curved; see annotated Fig. 3) is curved relative to the handle (see annotated Fig. 3: see that the end of the air applicator proximate to elements 130, 110 and
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113 is curved relative to the annotated handle).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eun (WO 2021015361) in view of Eun (US 20140251366) (henceforth referenced as Eun2).
Eun discloses the claimed invention substantially as set forth in claim 2. Eun is silent regarding the mascara drying and eyelash lifting device, wherein the eyelash pad is removably attachable.
Eun2 teaches an analogous device (Figs. 1 and 2), wherein the eyelash pad (40 Figs. 1 and 2) is removably attachable ([0015]: 40 is composed of several forms and is removably attached to the case 10, which allows its replacement for another curling unit 40 for its intended use).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the eyelash pad of Eun to be configured such that it is removably attachable, as taught by Eun2, in order to make a device that allows for a variety of eyelash pads depending on the user’s preference.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eun (WO 2021015361) in view of Sa Dong (KR 20160006510 A).
Eun discloses the claimed invention substantially as set forth in claim 8 above. Eun is silent regarding a mascara drying and eyelash lifting device wherein the air applicator includes a viewing window.
In the same field of endeavor, Sa Dong teaches an eyelash curler wherein the air applicator (30 Fig. 8; element 30 is a removable eyelash processing unit) includes a viewing window (see Fig. 8; the opening in element 30 allows for an unobstructed view through the device as the eye of the user can be observed in Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device disclose by Eun to be configured wherein the air applicator includes a viewing window as taught by Sa Dong. One of ordinary skill in the art would have been motivated to make this modification in order to create a device with a viewing window allowing for an unobstructed view when the device is in use especially during a self-application process.
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eun (WO 2021015361) in view of Gonzalez et al. (US 20180000216 A1).
Regarding claim 15, Eun discloses the claimed invention substantially as set forth in claim 8 above. Eun is silent regarding the device of claim 15, wherein the handle includes a setting toggle to alter timing of the device once powered on.
Gonzalez et al. teaches an analogous device (10 Fig. 1) wherein the handle (12 Fig. 1) includes a settings toggle (18 Fig. 1; paragraph 30) to alter timing of the device once powered on (paragraph 35: the multi-function actuator 18 shown in FIGS. 1-3 is also ergonomically positioned for easily accessible manipulation and actuation with the user's thumb. This may make it easier for a user to select one or more hair appliance variables, adjust a setting of one or more hair appliance variables, and/or control the hair styling appliance in accordance with one or more hair appliance settings, while using the hair styling appliance. In some cases, the ergonomic positioning of the multi-function actuator 18 may enable the user to easily set, adjust and/or use one or more hair appliance settings during the act of styling one's hair).
It would have been obvious to one of ordinary skill in the art before the effectively filing date of the claimed invention to modify the device disclosed by Eun to be configured with a handle including a setting toggle to alter timing of the device once powered on, as taught by Gonzalez et al. One of ordinary skill in the art would have been motivated to make this motivation in order to create a device with a setting toggle included in the handle to enable ease of use and enable user to easily set, adjust and/or use one or more settings of the device when in use, as suggested by Gonzalez et al.
Regarding claim 18, Eun discloses the method of using a mascara drying and eyelash lifting device substantially as set forth in claim 16. Eun is silent regarding the method according to claim 16 further comprising a step of setting a timer via a setting toggle.
Gonzalez et al. teaches a method of use of an analogous device including a step of setting a timer setting via a setting toggle (18 Fig. 1) (para 37: the multi-function actuator 18 depicted in FIGS. 1-3 may be used to select, adjust and/or use various temperature and time settings for controlling the operation of the curling iron 10 depicted in FIGS. 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of using a mascara drying and eyelash lifting device disclosed by Eun to include a step of setting a timer setting via a setting toggle as taught by Gonzalez et al. One of ordinary skill in the art would have been motivated to make this modification in order to create a method use that would enable the user to set desired timer settings for controlling the operation of the device depending on the user's styling needs as suggested by Gonzalez et al.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIEMERIE C AZUBUOGU whose telephone number is (571)272-0664. The examiner can normally be reached Monday - Thursday 8:00 AM - 6:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eric Rosen can be reached at (571)270-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A./ Patent Examiner, Art Unit 3772 /ERIC J ROSEN/Supervisory Patent Examiner, Art Unit 3772