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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species B (Fig. 5) in the reply filed on 1/05/2026 was previously acknowledged.
Claims 8, 12 and 21 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/05/2026. Previously, Applicant indicated claims 8 and 12 read on the elected Species but the hydrogen fuel system is connected in fluid communication with the fuel-oil heat exchanger is not part of the elected species; rather it appears in e.g. Species C, Fig. 6., D, E, F and is not part of the elected species. Applicant has failed to indicate the status of claims 8, 12 as “withdrawn”. Accordingly, applicant’s response filed 4/27/2026 may be considered non-compliant. Note new claim 21 also claims non-elected subject matter of claims 8, 12 and is also hereby withdrawn. Any future response must indicate these claims as being “withdrawn” or be held as non-compliant.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 9-11, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Durand et al (2022/0178306) in view of Jansen et al (7913973) and Kawai et al (201600076461). Durand et al teach An aircraft propulsion system comprising: a compressor section 14 forming a first portion of a core flow path through the aircraft propulsion system, the compressor section 14 including an inlet guide vane assembly [Fig. 5, IGVA], the inlet guide vane assembly including a plurality of inlet guide vanes [inherent as the IGVA of Fig. 5 operates to vary the compressor geometry, ¶ 0034], an inlet guide vane actuator 182 (IGVA), and an IGVA servo 158, the plurality of inlet guide vanes positionable to control an air flow direction of an air flow at the first portion of the core flow path, the IGVA 182 operably coupled with the plurality of inlet guide vanes, the IGVA servo 158 connected in fluid communication with the IGVA 182; a combustor section including a combustor 44 forming a second portion of the core flow path; and a fuel system assembly including a jet fuel system 50 and a hydrogen fuel system 52, the jet fuel system 50 connected in fluid communication with the combustor 44 and the IGVA servo 158, the jet fuel system 50 including a jet fuel metering system 154 configured to selectively direct a jet fuel to the combustor 44, the jet fuel metering system [can include 186, 204 & flow meter] further configured to selectively direct the jet fuel to the IGVA servo 158 to control a position of the IGVA 182, and the hydrogen fuel system 52 connected in fluid communication with the combustor 44, the hydrogen fuel system 52 including a hydrogen fuel metering system 168 configured to selectively direct a hydrogen fuel to the combustor. (2) wherein the hydrogen fuel system further is connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system 168, the hydrogen fuel metering system 168 includes a metering valve, and the metering valve is positionable to direct the hydrogen fuel from to the combustor. (4) a control system 162, 170 connected in signal communication with the jet fuel metering system [can include 186, 204 & flow meter] and the hydrogen fuel metering system 168, the control system including at least one controller 162, 170, each of the at least one controller including a processing system including a processor connected in signal communication with a non-transitory memory storing instructions which, when executed by the processor [¶ 0054-0055], cause the at least one controller to: control the jet fuel system 50 and the hydrogen fuel system 52 to operate in a first fuel mode or a second fuel mode by, in the first fuel mode, controlling the hydrogen fuel metering system 168 to direct the hydrogen fuel to the combustor 44, and in the second fuel mode, controlling the jet fuel metering system [can include 186, 204 & flow meter] to direct the jet fuel to the combustor 44 and to the IGVA servo 158 [see ¶ 0044-0050]. (5) wherein the instructions, when executed by the processor, further cause the at least one controller to shut down the hydrogen fuel system in the second fuel mode. (6) an engine oil system including a fuel-oil heat exchanger 164, and the fuel system assembly is connected in fluid communication with the fuel-oil heat exchanger 164. (7) wherein the jet fuel system 50 is connected in fluid communication with the fuel-oil heat exchanger 164. (9) An aircraft propulsion system comprising: a compressor section 14 including an inlet guide vane assembly, the inlet guide vane assembly including a plurality of inlet guide vanes, an inlet guide vane actuator 182 (IGVA 182), and an IGVA servo 158, the IGVA 182 operably coupled with the plurality of inlet guide vanes, the IGVA servo 158 connected in fluid communication with the IGVA 182; a combustor section including a combustor 44; and a fuel system assembly including a jet fuel system 50 and a hydrogen fuel system 52, the jet fuel system 50 and the hydrogen fuel system 52 connected in fluid communication with the combustor 44 , the hydrogen fuel system 52 and a hydrogen fuel metering system 168, the hydrogen fuel metering system 168 including a metering valve . (10) an engine oil system including a fuel-oil heat exchanger 164, and the fuel system assembly is connected in fluid communication with the fuel-oil heat exchanger 164. (11) wherein the jet fuel system 50 is connected in fluid communication with the fuel-oil heat exchanger 164. (13) a control system 162, 170, the control system including an engine controller 162 and a hydrogen controller 170, each of the engine controller 162 and the hydrogen controller 170 connected in signal communication, each of the engine controller 162 and the hydrogen controller 170 including a processing system, the processing system including a processor connected in signal communication with a non-transitory memory storing instructions which, when executed by the processor [¶ 0054-0055], cause the processor to: for the engine controller 162 in a first fuel mode of the fuel system assembly, control the IGVA servo 158 to direct a jet fuel from the jet fuel system 50 to the IGVA 182 to control a position of the plurality of inlet guide vanes; and for the hydrogen controller 170 in a second fuel mode of the fuel system assembly, to direct a hydrogen fuel from the hydrogen fuel system 52 . (14) wherein the jet fuel system 50 includes a jet fuel metering system [can include 186, 204 & flow meter] connected in signal communication with the engine controller 162, and the engine controller 162 in the first fuel mode controls the jet fuel metering system [can include 186, 204 & flow meter] to direct the jet fuel from the jet fuel system 50 to the combustor 44 and the IGVA servo 158. (15) wherein the hydrogen controller 170 in the second fuel mode controls the metering valve to direct the hydrogen fuel from the hydrogen fuel system 52 to the combustor 44. Durand et al already teach (1) the hydrogen fuel system 52 connected in fluid communication with the combustor 44, the hydrogen fuel system 52 including a hydrogen fuel metering system 168 configured to selectively direct a hydrogen fuel to the combustor; (9) the hydrogen fuel system 52 connected in fluid communication with the combustor 44 , the hydrogen fuel system 52 including , and a hydrogen fuel metering system 168, and the hydrogen fuel metering system 168, the hydrogen fuel metering system 168 including a metering valve. Durand et al do not teach the hydrogen fuel system 52 connected in fluid communication with the combustor 44 and the IGVA servo 158, the hydrogen fuel system 52 including a hydrogen fuel metering system 168 configured to selectively direct a hydrogen fuel to the combustor, the hydrogen fuel metering system 168 further configured to selectively direct the hydrogen fuel to the IGVA servo 158 to control the position of the IGVA 182; (9) the hydrogen fuel system 52 connected in fluid communication with the combustor 44 and the IGVA servo 158, the hydrogen fuel system 52 including a liquid hydrogen source, a pump, and a hydrogen fuel metering system 168, the pump connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system 168, the hydrogen fuel metering system 168 including a metering valve connected in fluid communication with the IGVA servo 158; (2) wherein the hydrogen fuel system further includes a liquid hydrogen source and a pump, the pump is connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system 168, the hydrogen fuel metering system 168 includes a metering valve, and the metering valve is positionable to direct the hydrogen fuel from the pump to the combustor and to the IGVA servo 158. Jansen et al teach the same servo valve 10 [col. 5, lines 1-45] can be actuated by either liquid jet fuel [e.g. JP-7, see col. 4-13] or by liquid hydrogen fuel via the actuating inlets and outlet 16, 18 [col. 5, lines 33-45]. Jansen et al teach the actuator media is liquid [see previous citations and col. 2, lines 47-50] and is effective for controlled flow rate of a primary flow and that by using the fuel, either liquid hydrogen or jet fuel, such that the hydraulic systems of aircraft engines meter high pressure media accurately.
In summary, Kawai et al teach the use of liquid hydrogen that is metered is supplied to the ancillaries 332 [note the IGVA servo of Duran et al is a type of ancillary]. Kawai et al teaching An aircraft propulsion system with the hydrogen fuel system 304 connected in fluid communication with the combustor and the ancillaries 332, the hydrogen fuel system including a hydrogen fuel metering system 310 configured to selectively direct a hydrogen fuel to the combustor 318, the hydrogen fuel metering system further configured to selectively direct the hydrogen fuel to other ancillaries 332; (2) wherein the hydrogen fuel system further includes a liquid hydrogen source 304 and a pump 307, the pump is connected in fluid communication with and between the liquid hydrogen source 306 and the hydrogen fuel metering system 310, the hydrogen fuel metering system includes a metering valve 310, and the metering valve is positionable to direct the hydrogen fuel from the pump 307 to the combustor and to ancillaries 312. (4) a control system 312, 316 connected in signal communication with the jet fuel metering system and the hydrogen fuel metering system, the control system including at least one controller 312, 316, each of the at least one controller including a processing system including a processor connected in signal communication with a non-transitory memory storing instructions which, when executed by the processor, cause the at least one controller to: control the jet fuel system and the hydrogen fuel system to operate in a first fuel mode 312 or a second fuel mode 316 by, in the first fuel mode, controlling the hydrogen fuel metering system to direct the hydrogen fuel to the combustor and to the ancillaries 332, and in the second fuel mode, controlling the jet fuel metering system to direct the jet fuel to the combustor and to ancillaries 332. (5) wherein the instructions, when executed by the processor, further cause the at least one controller to shut down the hydrogen fuel system in the second fuel mode [¶ 0019]. (9) An aircraft propulsion system with the hydrogen fuel system connected in fluid communication with the combustor 318 and ancillaries 332, the hydrogen fuel system including a liquid hydrogen source 304, a pump 307, and a hydrogen fuel metering system 310, the pump 307 connected in fluid communication with and between the liquid hydrogen source 304 and the hydrogen fuel metering system 307, the hydrogen fuel metering system including a metering valve 307 connected in fluid communication with the ancillaries 332. (13) a control system, the control system including an engine controller and a hydrogen controller, each of the engine controller and the hydrogen controller connected in signal communication with the ancillaries 332, each of the engine controller and the hydrogen controller including a processing system, the processing system including a processor connected in signal communication with a non-transitory memory storing instructions which, when executed by the processor, cause the processor to: for the engine controller 316 in a first fuel mode of the fuel system assembly, control the ancillaries 332 to direct a jet fuel from the jet fuel system to the ancillaries 332; and for the hydrogen controller in a second fuel mode 312 of the fuel system assembly, control the ancillaries 332 to direct a hydrogen fuel from the hydrogen fuel system to the ancillaries 332. (15) wherein the hydrogen controller 312 in the second fuel mode controls the metering valve to direct the hydrogen fuel from the hydrogen fuel system to the combustor and the ancillaries 332. It would have been obvious to one of ordinary skill in the art to employ (1, 9) the hydrogen fuel system connected in fluid communication with the IGVA servo 158, the hydrogen fuel metering system further configured to selectively direct the hydrogen fuel to the IGVA servo to control the position of the IGVA; (9) the hydrogen fuel metering system 168 including a metering valve connected in fluid communication with the IGVA servo 158, as taught by Jansen et al, such that the existing servo valves can be operated by either liquid hydrogen or liquid fuel for the fueldraulic system and where Kawai et al is applied to teach that the ancillaries are located downstream of the liquid hydrogen metering system/metering valve of the liquid hydrogen. Further note that in combining Durand et al and Kawai et al, Durand’s gaseous fuel supply 178 can be operated by using a liquid hydrogen fuel supply upstream of the gaseous fuel supply, which produces a gaseous hydrogen supply, as Kawai et al, teach his goal is to supply gasified cryogenic liquid hydrogen fuel 304 [see ¶ 0014, 0028] and thus is compatible with the system of Durand et al. It would have been obvious to one of ordinary skill in the art to make (2) the hydrogen fuel system further includes a liquid hydrogen source and a pump, the pump is connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system, the hydrogen fuel metering system includes a metering valve, and the metering valve is positionable to direct the hydrogen fuel from the pump to the combustor, and to make (9) the hydrogen fuel system including a liquid hydrogen source, a pump, and a hydrogen fuel metering system, the pump connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system, the hydrogen fuel metering system including a metering valve connected in fluid communication with the IGVA servo, noting the IGVA servo of Durand et al is a type of ancillary system, as taught by Kawai et al and the hydrogen metering system of Kawai et al may be placed upstream or replace of the gaseous hydrogen fuel supply 178 of Durand et al, as liquified cryogenic fuel takes much smaller volume than a gaseous storage and produces an equivalent output of gaseous fuel and where Jansen et al already suggest that a servo may be operated by liquid hydrogen. Durand et al do not teach (3) wherein the metering valve is connected in fluid communication with the liquid hydrogen source by a return line, and the metering valve is positionable to direct the hydrogen fuel from the IGVA servo to the liquid hydrogen source through the return line. Jansen et al teach outlet 18 is positionable to direct the hydrogen fuel from the servo 10 to the liquid hydrogen source through the return line [unillustrated, col. 5, lines 17-20], in other words, that the output of the servo is returned to the hydrogen fuel tank. Note that in Durand et al, the liquid fuel is connected to the metering valve 204, 186 and the metering valve 154 is connected in fluid communication with the liquid fuel source by a return line 64, and the metering valve 154 is positionable to direct the liquid fuel from the IGVA servo 158 to the liquid source [reservoir 54] through the return line 64 [see ¶ 0030.] Since Durand already operates by returning the liquid fuel to the liquid fuel source and Jansen et al also teach returning the liquid hydrogen fuel to the hydrogen fuel source liquid, it would have been obvious to utilize the metering valve connected in fluid communication with the liquid hydrogen source by a return line, and the metering valve is positionable to direct the hydrogen fuel from the IGVA servo to the liquid hydrogen source through the return line, as an analogous liquid fuel system for which it is typical to return the metered hydrogen fuel to its source so that the fuel can be conserved.
As for (4) in the first fuel mode, controlling the hydrogen fuel metering system 168 to direct the hydrogen fuel to the combustor 44 and to the IGVA servo 158, and (13) the hydrogen controller 170 connected in signal communication with the IGVA servo 158; the hydrogen controller 170 of Durand may be adapted to add control the fuel to the IGVA servo, as it already controls where and when the hydrogen fuel is directed. It would have been obvious to one of ordinary skill in the art to have the existing hydrogen controller of Durand, in the first fuel mode, controlling the hydrogen fuel metering system 168 to direct the hydrogen fuel to the combustor 44 and to the IGVA servo 158, as Jansen et al already suggest that a servo may be operated by liquid hydrogen. Similarly, for claims 13, 15 for the control the IGVA servo to direct a hydrogen fuel from the hydrogen fuel system 52 to the IGVA to control the position of the plurality of inlet guide vanes 158; and wherein the hydrogen controller in the second fuel mode controls the metering valve to direct the hydrogen fuel from the hydrogen fuel system 52 to the combustor 44 and the IGVA servo, the hydrogen controller 170 of Durand may be adapted to add control the fuel to the IGVA servo, as it already controls where and when the hydrogen fuel is directed. It would have been obvious to one of ordinary skill in the art to have (13) the hydrogen controller in a second fuel mode of the fuel system assembly, control the IGVA servo to direct a hydrogen fuel from the hydrogen fuel system to the IGVA to control the position of the plurality of inlet guide vanes and (15) wherein the hydrogen controller in the second fuel mode controls the metering valve to direct the hydrogen fuel from the hydrogen fuel system to the combustor and the IGVA servo, as Jansen et al already suggest that a servo may be operated by liquid hydrogen.
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive.
Applicant’s argues
“Paragraph [0013] of Kawai discloses "aircraft typically operates on a single fuel source. For example, an aircraft powered by gas turbine engines may use jet A fuel, JP-8 fuel, diesel, or gasoline as fuel. In addition to using such fuels for combustion in the engine, the fuels may be used for ancillary purposes such as oil cooling or providing hydraulic pressure in the engine. For example, the fuel may pass through an oil cooler and/or through a hydraulic system before going to fuel nozzles in the gas turbine engine. " Paragraph [0019] of Kawai further discloses "gaseous fuel can be pumped from the cryogenic storage tank by a cryopump 307 to increase the pressure of the gaseous fuel to a pressure above the pressure in the burner of the gas turbine engine. The gaseous fuel can then pass through ancillary systems 332 (see FIG. 3C), such as a vaporizing heat 8
exchanger 311, which converts the gaseous fuel from a cryogenic state to a gaseous state."
(Emphasis added).
There is no disclosure, teaching or suggestion in Kawai that the alleged ancillary systems could be suitably modified to include the alleged IGVA servo of Durand. Paragraph [0035] of Durand discloses "the fuel delivery system used to circulate the controlled jet fuel flow 50 includes two different pumps 150, 152, including a low pressure stage pump 150 and a high pressure stage pump 152, and a metering system 154 controlled by a servo regulator 156, itself controlled by a IGVA servo 158, and the fuel delivery system 160 is controlled by a jet fuel system controller such as a FADEC 162. Auxiliary systems designed for using the fuel flow during operation are present in this example in the form of a fuel to oil heat exchanger (FOHE) 164, the low pressure stage pump 150, the high pressure stage pump 152, and the fuel nozzles themselves 45."
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, applicant’s arguments ignore the treatment of Jansen et al teach the same servo valve 10 [col. 5, lines 1-45] can be actuated by either liquid jet fuel [e.g. JP-7, see col. 4-13] or by liquid hydrogen fuel via the actuating inlets and outlet 16, 18 [col. 5, lines 33-45]. Jansen et al teach the actuator media is liquid [see previous citations and col. 2, lines 47-50] and is effective for controlled flow rate of a primary flow and that by using the fuel, either liquid hydrogen or jet fuel, such that the hydraulic systems of aircraft engines meter high pressure media accurately. Jansen et al provide the nexus of using the same actuator via either liquid jet fuel or hydrogen fuel (which may be liquid hydrogen to treat certain claims, e.g. claims 2, 9). Accordingly, applicant’s arguments fail to persuade, as they ignore the nexus with a reference used in the combination to establish obviousness.
Applicant’s arguments concerning Kawai further focus on
“There is no disclosure, teaching or suggestion in Kawai that the alleged ancillary systems could be suitably modified to include the alleged IGVA servo of Durand”
is not persuasive as applicant completely ignores the treatment with Jansen. Also, Applicant appears to be missing the point of the combination. Rather that it is Durand that is modified by using Kawai et al and Jansen et al. Some of the combination is restated below: “It would have been obvious to one of ordinary skill in the art to employ (1, 9) the hydrogen fuel system connected in fluid communication with the IGVA servo 158, the hydrogen fuel metering system further configured to selectively direct the hydrogen fuel to the IGVA servo to control the position of the IGVA; (9) the hydrogen fuel metering system 168 including a metering valve connected in fluid communication with the IGVA servo 158, as taught by Jansen et al, such that the existing servo valves can be operated by either liquid hydrogen or liquid fuel for the fueldraulic system and where Kawai et al is applied to teach that the ancillaries are located downstream of the liquid hydrogen metering system/metering valve of the liquid hydrogen. Further note that in combining Durand et al and Kawai et al, Durand’s gaseous fuel supply 178 can be operated by using a liquid hydrogen fuel supply upstream of the gaseous fuel supply, which produces a gaseous hydrogen supply, as Kawai et al, teach his goal is to supply gasified cryogenic liquid hydrogen fuel 304 [see ¶ 0014, 0028] and thus is compatible with the system of Durand et al. It would have been obvious to one of ordinary skill in the art to make (2) the hydrogen fuel system further includes a liquid hydrogen source and a pump, the pump is connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system, the hydrogen fuel metering system includes a metering valve, and the metering valve is positionable to direct the hydrogen fuel from the pump to the combustor, and to make (9) the hydrogen fuel system including a liquid hydrogen source, a pump, and a hydrogen fuel metering system, the pump connected in fluid communication with and between the liquid hydrogen source and the hydrogen fuel metering system, the hydrogen fuel metering system including a metering valve connected in fluid communication with the IGVA servo, noting the IGVA servo of Durand et al is a type of ancillary system, as taught by Kawai et al and the hydrogen metering system of Kawai et al may be placed upstream or replace of the gaseous hydrogen fuel supply 178 of Durand et al, as liquified cryogenic fuel takes much smaller volume than a gaseous storage and produces an equivalent output of gaseous fuel and where Jansen et al already suggest that a servo may be operated by liquid hydrogen.”
Furthermore, in response to
“Applicant submits therefore that even if Durand were modified with Kawai as alleged in the Office Action (assuming without admitting proper combination), such a combination does not disclose at least the features of "the jet fuel system connected in fluid communication with the combustor and the IGVA servo... the jet fuel metering system further configured to selectively direct the jet fuel to the IGVA servo to control a position of the IGVA" and "the hydrogen fuel system connected in fluid communication with the combustor and the IGVA servo... the hydrogen fuel metering system further configured to selectively direct the hydrogen fuel to the IGVA servo to control the position of the IGVA" recited in claim 1 [emphasis added].”
In rebuttal, the above italicized text is already taught by Durand et al, so applicant’s arguments are misdirected. Furthermore, the underlined text is what is taught by Kawai and Wagner in combination with Durand.
Furthermore, applicant’s response with regard to claim 9 is self-contradictory. Applicant’s argument indicates claim 9 is “amended”. However, the claims themselves show claim 9 as (original).
It is repeated from above, that Applicant has failed to indicate the status of claims 8, 12 as “withdrawn”. Accordingly, applicant’s response filed 4/27/2026 may be considered non-compliant. Note new claim 21 also claims non-elected subject matter of claims 8, 12 and is also hereby withdrawn. Any future response must indicate these claims as being “withdrawn” or be held as non-compliant.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to TED KIM whose telephone number is 571-272-4829. The Examiner can be reached on regular business hours before 5:00 pm, Monday to Thursday and every other Friday.
The fax number for the organization where this application is assigned is 571-273-8300.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Devon Kramer, can be reached at 571-272-7118 Alternate inquiries to Technology Center 3700 can be made via 571-272-3700.
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/Ted Kim/
Telephone
571-272-4829
Primary Examiner
Fax
571-273-8300
July 8, 2026