`
`I.‘-NITED STATES DEPARTMENT OF‘ COMMERCE
`United States Patent and '1‘ratIen1ark Ofliee
`Addrus-a: (I().i\«'1M|SS|()N]iR l"()R 1’A'l'|ii\"l'S
`P.(). Iiulx I450
`Alcxmidria. Virginia .'.‘.‘;?-l3- I450
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`131024.027
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`02:09:20] I
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`Donald K. Smith
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`]_-',GQ—U(J5CP3
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`9349
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`§.i13sKAmREE3’sF.w
`ON 1:‘ lN'l‘l:‘RNA'l‘lONAL PLACE
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`B()S'1‘0N, MA 02110
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`MC-COKMAC-K. JASON L
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`233:
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`om 0:20] 2
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`I.-2l.L-'.(.‘l‘RONIL‘.
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`Please find below andfor attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e-mail address(es):
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`Doc kcling Pa1c1IlB0e-;loI1 @pr0ska1|er.c0I11
`oandrcws @proskauer.co1n
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`PTOL—9'0A (Rev. 0-H0?)
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`i
`i
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`ASML 1209
`ASML 1209
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`
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`Office Action Summary
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`Application No.
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`13f02-‘-1,027
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`Examine,
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`App|icant(s)
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`SMITH ET AL.
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`Ar, Uni,
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`Page 1
`Page 1
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`— The MAIIJNG DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICH EVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`— Extensions of time may be available under the provisions of 3? CFR 1.136(a}.
`In no event. however. may a reply be timely tiled
`after SIX (6) MONTHS trom the mailing date of this communication.
`It NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this Communication.
`—
`— Failure to reply within the set or extended period for reply will. by statute. cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Dflice later than three months after the mailing date of this communication. even it timely filed. may reduce any
`earned patent term adjuament. See 37 CFR 1_?04(bl_
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`Status
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`Flesponsive to communicationls) filed on 26 June 2012.
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`This action is FINAL.
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`2b)X This action is non—final.
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`An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parfe Quayle, 1935 CD. 1 1, 453 O.G. 213.
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`Disposition of Claims
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`5)IZ C|aim(s) 15 isiare pending in the application.
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`5a) Of the above c|aim(s) E? isiare withdrawn from consideration.
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`6)I:I C|aim(s) _ isiare allowed.
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`7)|Z C|aim(s) fiisiare rejected.
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`8)I:l C|aim(s) j isiare objected to.
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`9)|:| C|aim(s) _ are subject to restriction andior election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)I:| The drawing(s) filed on _ isiare: a)I:l accepted or b)I:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFFI 1.85( ).
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`Replacement drawing sheetls) including the correction is required if the drawingis) is objected to. See 37 CFR 1.121(d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
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`a)I:l All
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`b)I:l Some * c)I:I None of:
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`1.|:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. j
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Atlachme-nt(s)
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`1) E Notice of References Cited (PTO-892)
`2) El Notice of Draftspe.-rson’s Patent Drawing Review (PTO—948l
`3) 8 Information Disclosure Statement(s) lPTOr‘SBr'08)
`Paper No(s)iMai| Date 1/10/2012.
`US. Patent and Trademark Office
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`4) El lntenriew Summary [PTO-413]
`Paper N0l5)«‘MaiI D-313 L
`5} t:I N°1iCE'-‘ Of I"'I°"m5lI P3-15-‘"1 APPIIC-a1I°"'
`6) El Other:
`.
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`PTOL—326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No.i'Mai| Date 20120?03
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`
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`Application/Control Number: 13iO24,027
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`Page 2
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`Art Unit: 2881
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`DETAILED ACTION
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`Eiection/Restrictions
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`1.
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`Applicants election without traverse of Group 1 (claims 1-8) in the reply filed on
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`6/26/2012 is acknowledged. Newly amended claims 9, 19, 36, 47, 48, 55, and the
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`claims that depend thereon will not be considered at this time.
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`Ciaim Rejections - 35 USC § 1' 12
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`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.
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`2.
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`Claim 1 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite
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`for failing to particularly point out and distinctly claim the subject matter which applicant
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`regards as the invention. The term "high" in claim 1
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`is a relative term which renders the
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`claim indefinite. The term "high" is not defined by the claim, the specification does not
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`provide a standard for ascertaining the requisite degree, and one of ordinary skill in the
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`art would not be reasonably apprised of the scope of the invention.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
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`the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
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`3.
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`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by Cheymol
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`et al. U.S. PGPUB N0. 2006/039435.
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`
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`Application/Control Number: 13iO24,027
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`Page 3
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`Art Unit: 2881
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`Regarding claim 1, Cheymol discloses that in a chamber [0072] xenon gas may
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`be injected [0052] and then irradiated by a laser [0053] which may be an infrared laser
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`[U010].
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`Regarding claim 2, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052]. Xenon is a noble gas.
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`Regarding claim 3, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052].
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`Regarding claim 4, Cheymol discloses that in a chamber [0072] xenon gas may
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`be injected [0052] and then irradiated by a laser [0053] which may be an infrared laser
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`[U010].
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`Regarding claim 5, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052].
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`Regarding claim 6, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon
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`Shon‘—arc Discharge Lamps specifies that the prominent absorption lines of xenon occur
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`at 823, 882, and 992 nm [top paragraph, page 226].
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`
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`Application/Control Number: 13iO24,027
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`Page 4
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`Art Unit: 2881
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`Regarding claim 7, Cheymol discloses that xenon gas may be injected into the
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`chamber [0052]_ Nakar Radiometric Characterization of Uitrahigh Radiance Xenon
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`Snort-arc Discharge Lamps specifies that the prominent absorption lines of xenon occur
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`at 823, 882, and 992 nm [top paragraph, page 226].
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`Regarding claim 8, Cheymol discloses that xenon gas may be injected into the
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`chamber [D052].
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`4.
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`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by
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`Kusunose U.S. PGPUB No. 2002/0080834.
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`Regarding claim 1, Kusunose discloses that in a vacuum chamber [0026], a
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`target material of xenon gas [0027] may be irradiated with an infrared laser [0025] to
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`produce extreme ultraviolet radiation [0026].
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`Regarding claim 2, Kusunose discloses that the target material may be xenon
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`gas [U027]. Xenon is a noble gas.
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`Regarding claim 3, Kusunose discloses that the target material may be xenon
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`gas [O027].
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`
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`Application/Control Number: 13i024,027
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`Page 5
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`Art Unit: 2881
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`Regarding claim 4, Kusunose discloses that in a vacuum chamber [(3026], a
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`target material of xenon gas [0027] may be irradiated with an infrared laser [0025] to
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`produce extreme ultraviolet radiation [U026].
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`Regarding claim 5, Kusunose discloses that the target material may be xenon
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`gas [0027].
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`Regarding claim 6, Kusunose discloses that the target material may be xenon
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`gas [U027]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon Short—arc
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`Discharge Lamps specifies that the prominent absorption lines of xenon occur at 823,
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`882, and 992 nm [top paragraph, page 226].
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`Regarding claim 7, Kusunose discloses that the target material may be xenon
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`gas [0027]. Nakar Radiometric Characterization of Uitrahigh Radiance Xenon Short‘-arc
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`Discharge Lamps specifies that the prominent absorption lines of xenon occur at 823,
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`882, and 992 nm [top paragraph, page 226].
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`Regarding claim 8, Kusunose discloses that the target material may be xenon
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`gas [U027].
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`
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`Application/Control Number: 13,024,027
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`Page 6
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`Art Unit: 2881
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JASON MCCORMACK whose telephone number is
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`(571)270-1489. The examiner can normally be reached on Monday — Thursday 7:00am
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`— 3:00pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Robert Kim can be reached on (571)272-2293. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
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`/JASON MCCORMACKJ
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`Examiner, Art Unit 2881
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`ROBERT KIIW
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`Supervisory Patent Examiner, Art Unit 2881