`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`HEALTH HERO NETWORK, INC.
`24OOGENGR0AMUHE200
`
`PALO ALTO, CA 94303
`
`SALAD, ABDULLAHIELMI
`
`2457
`DATE MAILED: 07/10/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`01/29/2007
`11/668,092
`TITLE OF INVENTION: AUDIO INSTRUCTIONS FOR APPLIANCES
`
`Stephen J. Brown
`
`06—0632 / 7553.00092
`
`3238
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`$755
`
`$300
`
`$0
`
`$1055
`
`10/13/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
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`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Pag610f3
`
`Cardiocom Ex. 1007
`
`Cardiocom Ex. 1007
`
`
`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change ofaddress)
`
`60683
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`7590
`
`07/10/2009
`
`HEALTH HERO NETWORK, INC.
`2400 GENG ROAD’ SUITE 200
`PALO ALTO, CA 94303
`
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`Certificate of Mailing or Transmission
`I hereby cerltify that tllisflFee(fsf) Transmittal isf being deiposited 1with the Uliited
`States Posta Service wi
`su icient postage or
`irst c ass mai
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`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`(Depositors name)
`
`
`
`(Signature)
`
`(Date)
`
`01/29/2007
`11/668,092
`TITLE OF INVENTION: AUDIO INSTRUCTIONS FOR APPLIANCES
`
`Stephen J. Brown
`
`06-0632 / 7553.00092
`
`3238
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SALAD, ABDULLAHI ELMI
`
`$755
`
`2457
`
`$300
`
`709—224000
`
`$1055
`
`10/13/2009
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`3 Change of correspondence address (or Change of Correspondence
`Address rom PTO/SB/122) attached.
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Vumber is required.
`
`
`
`
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
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`
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
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`'3 Individual
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`'3 Corporation or other private group entity '3 Government
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`4a. The following fee(s) are submitted:
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`
`
`
`5. Change in Entity Status (from status indicated above)
`:I b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`:I a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
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`Date
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`This collection of informationls required by 37 CFR 1.311. The informationls re uired to obtain or retain a benefit by the public whichls to file (and by the USPTO to process)
`an application. Confidentialityls governedby 35 U.S.C. 122 and 37 CFR 1d14. T is collectionls estimated to take 12 minutes to complete, including gathering, preparlng, and
`submitting the completed application form to the USPTO. Time will v
`eendin upon_ the individual case. Any comments on the amount of time you require to complete
`this form and/or suggestions for reducillg this burden, should be sent toaltfllfljiCef In ormation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313— 1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651—0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/668,092
`
`01/29/2007
`
`Stephen J. Brown
`
`06—0632 /7553.00092
`
`3238
`
`HEALTH HERO NETWORK, INC.
`24OOGENGROAMUHE200
`
`PALO ALTO, CA 94303
`
`SALAD’ ABDULLAHIELMI
`
`245,
`DATE MAILED: 07/10/2009
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
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`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
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`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`Page 3 0f 3
`
`
`
`
`
`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`11/668,092
`Examiner
`
`BROWN, STEPHEN J.
`Art Unit
`
`Salad Abdullahi
`
`2457
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IXI This communication is responsive to 5/21/2009.
`
`2. IZI The allowed claim(s) is/are 1-12 and 14-23.
`
`3. El Acknowledgment is made ofa claim forforeign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) D All
`b) D Some*
`0) El None
`of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No.
`
`3. I] Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`(a) I] including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`
`1) D hereto or 2) I] to Paper No./Mai| Date
`
`(b) I] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. El Notice of References Cited (PTO-892)
`
`2. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. IX Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date 1/29/2007
`4. I] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. IX Examiner's Amendment/Comment
`
`8. D Examiner's Statement of Reasons for Allowance
`
`9. D Other
`
`.
`
`US. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20090617
`
`
`
`
`
`Application/Control Number: 11/668,092
`
`Page 2
`
`Art Unit: 2457
`
`EXAMINER’S AMENDMENT
`
`1.
`
`An examiner's amendment to the record appears below. Should changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as
`
`provided by 37 CFR 1.312. To ensure consideration of such amendment, it must
`
`be submitted no later than the payment of the issue.
`
`2.
`
`Authorization for the examiner's amendment was given in a telephone
`
`interview with Mr. Christopher P. Maiorana on 6/15/2009.
`
`3.
`
`4.
`
`5.
`
`6.
`
`The application has been amended as follows.
`
`Please amend the claims as attached.
`
`Claims 1-12 and 14-23 are allowed.
`
`Claim 13 is cancelled.
`
`7.
`
`Any comments considered necessary by applicant must be submitted no
`
`later than the payment of the issue fee and, to avoid processing delays, should
`
`preferably accompany the issue fee. Such submissions should be clearly labeled
`
`“Comments on Statement of Reasons for Allowance.”
`
`
`
`Application/Control Number: 11/668,092
`
`Page 3
`
`Art Unit: 2457
`
`comprising:
`
`1.
`
`(CURRENTLY AMENDED) A communications
`
`network
`
`a communications channel;
`
`a server;
`
`a primary device in communication with said server through said
`
`communications channel, wherein (A)
`
`said primary device comprises
`
`a
`
`component adapted to (i) receive one or more computer programs including one
`
`or more queries, instructions or messages as a first digital file from said server,
`
`(ii) convert the first digital file into synthesized audio transmissions, (iii) present
`
`said synthesized audio transmissions to an individual through a speaker and (iv)
`
`receive audible responses from said individual and B said
`
`rimar
`
`device
`
`comprises a processor adapted to collect data relating to said primary device,
`
`and execute said computer programs to provide a diagnosis of a performance of
`
`said primam device; and
`
`a secondary device operatively connected to said primary device,
`
`wherein said secondary device (i) is adapted to be operated by said individual in
`
`response to said synthesized audio transmissions and (ii) comprises a user
`
`interface adapted to receive input responses from said individual and convert
`
`said input responses to a second digital file through speech recognition.
`
`2.
`
`(PREVIOUSLY PRESENTED) The network of claim 1,
`
`wherein said component comprises an audio processor adapted to:
`
`
`
`Application/Control Number: 11/668,092
`
`Page 4
`
`Art Unit: 2457
`
`receive a first set of electrical signals corresponding to any of said
`
`queries, instructions, and messages;
`
`convert said first set of electrical signals to a second set of
`
`electrical signals capable of being audibly synthesized; and
`
`audibly synthesize said second set of electrical signals.
`
`3.
`
`(ORIGINAL) The network of claim 1, wherein the primary
`
`and secondary devices are housed within a single housing unit.
`
`4.
`
`(ORIGINAL) The network of claim 3, wherein said housing
`
`unit comprises a household appliance.
`
`5.
`
`(PREVIOUSLY PRESENTED) The network of claim 1,
`
`wherein said component comprises an audio processor adapted to detect said
`
`audible responses, and convert
`
`the detected audible responses to data
`
`transmissions.
`
`6.
`
`(ORIGINAL) The network of claim 5, wherein said primary
`
`device comprises a transmitter adapted to transmit said data transmissions
`
`generated by said audio processor to said server.
`
`
`
`Application/Control Number: 11/668,092
`
`Page 5
`
`Art Unit: 2457
`
`7.
`
`(PREVIOUSLY PRESENTED) The network of claim 1,
`
`wherein said server is adapted to generate said computer programs that are
`
`executable by said secondary device.
`
`8.
`
`(PREVIOUSLY PRESENTED) The network of claim 7,
`
`wherein said secondary device comprises a user interface adapted to (i) output
`
`said any of queries, instructions, or messages, and (ii) input responses to said
`
`any of queries, instructions, or messages.
`
`9.
`
`(ORIGINAL) The network of claim 8, wherein said output
`
`comprises any of visual output and audio output, and wherein said input
`
`comprises any of data entry input, graphic user interface input, and audio input.
`
`10.
`
`(CURRENTLY AMENDED) A system for communicating with
`
`a household appliance, said system comprising:
`
`a communications channel where a portion of the channel
`
`is a
`
`wireless channel;
`
`a server; and
`
`a household appliance in communication with said server through
`
`said communications channel, wherein (A) said household appliance comprises
`
`a component adapted to (i) receive one or more computer programs including
`
`one or more queries,
`
`instructions or messages as a first digital file from said
`
`
`
`Application/Control Number: 11/668,092
`
`Page 6
`
`Art Unit: 2457
`
`server,
`
`(ii) convert the first digital file into synthesized audio transmissions,
`
`(iii)
`
`present said synthesized audio transmissions to an individual through a speaker
`
`and (iv)
`
`receive audible responses from said individual,
`
`(g) wherein said
`
`appliance (i)
`
`is adapted to be operated by said individual
`
`in response to the
`
`synthesized audio transmissions and (ii) comprises a user interface adapted to
`
`receive input responses from said individual and convert said input responses to
`
`a second digital
`
`file through speech recognition and (C) said household
`
`appliance includes a processor adapted to collect data relating to said household
`
`appliance, and execute said computer programs to provide a diagnosis of a
`
`performance of said household appliance.
`
`11.
`
`(PREVIOUSLY PRESENTED) The system of claim 10,
`
`wherein said component comprises an audio processor adapted to:
`
`receive a first set of electrical signals corresponding to any of said
`
`queries, instructions, and messages;
`
`convert said first set of electrical signals to a second set of
`
`electrical signals capable of being audibly synthesized; and
`
`audibly synthesize said second set of electrical signals.
`
`12.
`
`(PREVIOUSLY PRESENTED) The system of claim 10,
`
`wherein said server is adapted to generate said computer programs, and wherein
`
`said computer programs are executable by said household appliance.
`
`
`
`Application/Control Number: 11/668,092
`
`Page 7
`
`Art Unit: 2457
`
`13.
`
`(CANCELED).
`
`14.
`
`(CURRENTLY AMENDED) The system of claim g 13,
`
`wherein said processor is adapted to output any of said queries, instructions or
`
`messages to said individual to teach said individual how to operate and maintain
`
`said household appliance.
`
`15.
`
`(PREVIOUSLY PRESENTED) The system of Claim 14,
`
`wherein said output comprises any of data output and audio output.
`
`16.
`
`(CURRENTLY AMENDED) A method of communicating with
`
`a household appliance, said method comprising:
`
`wirelessly transmitting one or more computer programs from a
`
`server to a household appliance, wherein said computer programs include one or
`
`more queries, instructions or messages as a first digital file;
`
`receiving said first digital file at said household appliance;
`
`converting said first digital file into synthesized audio transmissions;
`
`presenting said synthesized audio transmissions to an individual
`
`through a speaker; and
`
`receiving audible responses from said individual,
`
`
`
`Application/Control Number: 11/668,092
`
`Page 8
`
`Art Unit: 2457
`
`wherein (A) said household appliance (i) is adapted to be operated
`
`by an individual
`
`in response to the synthesized audio transmissions and (ii)
`
`comprises a user
`
`interface adapted to receive input responses from said
`
`individual and convert said input responses to a second digital
`
`file through
`
`speech recognition and B said household a
`
`liance com rises a
`
`rocessor
`
`adapted to collect data relating to said household appliance, and execute said
`
`computer programs to provide a diagnosis of a performance of said household
`
`appliance.
`
`17.
`
`(PREVIOUSLY PRESENTED) The method of claim 16,
`
`further comprising:
`
`receiving a first set of electrical signals corresponding to any of said
`
`queries, instructions, or messages;
`
`converting said first set of electrical signals to a second set of
`
`electrical signals capable of being audibly synthesized; and
`
`audibly synthesizing said second set of electrical signals.
`
`18.
`
`(PREVIOUSLY PRESENTED) The method of claim 16,
`
`further comprising said server generating said computer programs, wherein said
`
`computer programs are executable by said household appliance.
`
`
`
`Application/Control Number: 11/668,092
`
`Page 9
`
`Art Unit: 2457
`
`19.
`
`(PREVIOUSLY PRESENTED) The method of claim 18,
`
`further comprising said household appliance collecting data relating to said
`
`household appliance, and executing said computer programs to provide a
`
`diagnosis of a performance of said household appliance.
`
`20.
`
`(PREVIOUSLY PRESENTED) The method of claim 19,
`
`further comprising said household appliance outputting any of said queries,
`
`instructions, and messages to said individual
`
`to teach said individual how to
`
`operate and maintain said household appliance, wherein said outputting
`
`comprises any of data output and audio output.
`
`21.
`
`(PREVIOUSLY PRESENTED) The network of claim 1,
`
`wherein said one or more computer programs comprises one or more script
`
`programs.
`
`22.
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`(PREVIOUSLY PRESENTED) The system of claim 10,
`
`wherein said one or more computer programs comprises one or more script
`
`programs.
`
`23.
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`(PREVIOUSLY PRESENTED) The method of claim 16,
`
`wherein said one or more computer programs comprises one or more script
`
`programs.
`
`
`
`Application/Control Number: 11/668,092
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`Page 10
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`Art Unit: 2457
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`8.
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`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to Salad Abdullahi whose telephone number is
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`571-272—4009. The examiner can normally be reached on 8:30 - 5:00. If
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`attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Ario Etienne can be reached on 571-272—4001. The fax phone
`
`number for the organization where this application or proceeding is assigned is
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`571 -273-8300.
`
`9.
`
`Information regarding the status of an application may be obtained from
`
`the Patent Application Information Retrieval (PAIR) system. Status information
`
`for published applications may be obtained from either Private PAIR or Public
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`PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
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`free). If you would like assistance from a USPTO Customer Service
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`Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`/Salad Abdullahi/
`
`Primary Examiner, Art Unit 2457
`
`