U NITED STATES P ATENT AND TRADEMARK O FFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States f'ateot and Trademark Office
`Address: COMMISSIONF.R FOR PATENTS
`P.O. Sox 1450
`Alexandria. Virginia 22313· 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FlUNG DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/765,487
`
`01127/2004
`
`Mario Boisvert
`
`l4-733C2D l
`
`9537
`
`0 1/05/2009
`7590
`28060
`T A ROLLI, SUNDfiELM, COVELL & TUMMJNO, LLP
`1300 EAST NlNTI-f STREET
`SUITE 1700
`CLEVELAND, OH 44114
`
`EXAMINER
`
`FLETCHER, MARLON T
`
`ART UNIT
`
`PAPER NUMBER
`
`2837
`
`MAIL DATE
`
`Ol/05/2009
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time peliod for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`

`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/765,487
`
`Examiner
`
`BOISVERT ET AL.
`
`Art Unit
`
`Marion T. Fletcher
`2837
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE~ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no even ~ however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If 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 Office later than three months after the mailing date of this communication, even if timely filed , may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1 )1:8:1 Responsive to communication( s) filed on 19 August 2008.
`2a)[8J This action is FINAL.
`2b)0 This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 1-8.10-32,36.37 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)[8J Claim(s) 1-5.7 and 12-27 is/are allowed.
`6)1:8:1 Claim(s) 6-8,10,11.28-32,36 and 37 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 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)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark OffiCe
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20090102
`
`

`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 2
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`DETAILED ACTION
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`Claim Rejections- 35 USC§ 103
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`1.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`2.
`
`Claims 6-8, 10-11, 28-32, 36, and 37 are rejected under 35 U.S.C. 1 03(a) as
`
`being unpatentable over Okuyama et al. (4,608,637) in view of Bamford (EP 0 581 509).
`
`Okuyama et al. disclose an apparatus for controlling motion of a motor driven
`
`element over a range of motion and for altering said motion when undesirable
`
`resistance to the motion is encountered, said apparatus comprising: a sensor (6a, 6ab,
`
`6d, 6da) for measuring a parameter of a motor coupled to the motor driven element that
`
`varies in response to a resistance to motion during all or part of a range of motion of the
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`motor driven element (column 7, lines 49-62); a memory for storing a number of
`
`measurement values from the sensor based on measurements of said parameter over
`
`at least a portion of the range of motion (column 8, line 51-64 ); a controller
`
`(microcomputer 9) coupled to the memory for determining to de-activate the motor
`
`based on the measurement values stored in the memory as the motor driven element
`
`moves over its range of motion; and a controller interface coupled to the motor (Ma, Md,
`
`Mab, Mda) for altering motion of said motor driven element in response to a
`
`determination made by the controller (column 5, lines 9-60), wherein altering is also in
`
`response to a determination that the parameter is outside the parameter range.
`
`

`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 3
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`As recited in claim 6, Okuyama et al. disclose an apparatus for controlling
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`activation of a motor coupled to a motor vehicle window or panel for moving said
`
`window or panel along a travel path and deactivating the motor if an obstacle is
`
`encountered by the window or panel, said apparatus comprising: a sensor for sensing
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`movement of the window or panel and providing a sensor output signal related to a
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`speed of movement of the window or panel (discussed above; column 7, lines 30-37),
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`and a controller having an interface coupled to the sensor and the switch for controllably
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`energizing the motor (figure 4a); said controller sensing a collision with an obstruction
`
`when power is applied to the controller by: monitoring movement of the window or
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`panel by monitoring a signal from the sensor related to the movement of the window or
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`panel (column 7, lines 6-23; and column 8, lines 35-50), identifying a collision of the
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`window or panel with an obstacle due to a change in the signal from the sensor that is
`
`related to a change in movement of the window or panel (Abstract; and column 8, lines
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`51-64 ); and outputting a control signal to said switch to deactivate said motor in
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`response to a sensing of a collision between an obstacle and said window or panel
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`(column 8, line 65- column 9, line 7).
`
`As recited in claims 7 and 29, Okuyama et al. disclose the apparatus, wherein
`
`the controller comprises a programmable controller including a processing unit for
`
`executing a control program and including a memory for storing multiple window or
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`panel speed values corresponding to a signal received from the sensor (column 6, lines
`
`52-60).
`
`As recited in claims 8 and 30, Okuyama et al. disclose the apparatus, additionally
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`

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`Application/Control Number: 10/765,487
`Art Unit: 2837
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`Page 4
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`comprising one or more limit switches (11) for use by the controller to determine window
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`or panel position for use in identifying a collision.
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`Okuyama et al. disclose the apparatus, wherein the control program adjusts an
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`obstacle detection threshold in real time based on immediate past measures of the
`
`signal sensed by the sensor to adapt to varying conditions encountered during
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`operation of the window or panel (column 8, lines 65- column 9, line 7).
`
`As recited in claim 10, and 11, Okuyama et al. disclose the method, movement is
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`first initiated toward a closed position when a leading edge of the window or panel is
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`near the closed position and wherein the reverse actuation is performed upon a sensing
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`of an obstacle that is based on determining the parameter is outside the parameter
`
`range (column 7, lines 49-62).
`
`As recited in claim 28, Okuyama et al. disclose apparatus for controlling
`
`activation of a motor for moving an object along a travel path and de-activating the
`
`motor if an obstacle is encountered by the object comprising: a) a movement sensor for
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`monitoring movement of the object as the motor moves said object along a travel path
`
`(discussed above; a switch for controlling energization of the motor with an energization
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`signal (column 6, lines 52-60); and a controller (microcomputer 9) including an interface
`
`coupled to the switch means for controllably energizing the motor and said interface
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`additionally coupling the controller to the movement sensor for monitoring signals from
`
`said movement sensor (discussed above; said controller comprising a stored program
`
`that: determines motor speed from an output signal from the movement sensor;
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`calculates an obstacle detect threshold based on motor speed of movement detected
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`

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`Application/Control Number: 10/765,487
`Art Unit: 2837
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`Page 5
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`during at least one prior period of motor operation (column 7, lines 6-36); compares a
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`value based on currently sensed motor movement with the obstacle detect threshold;
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`and outputs a signal from the interface to said switch for stopping the motor if the
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`comparison based on currently sensed motor movement indicates the object has
`
`contacted an obstacle.
`
`As recited in claim 31, Okuyama et al. disclose the method, wherein the
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`motor driven element is a window or panel and additionally comprising reverse
`
`actuating the window or panel prior to moving said window or panel in a direction to
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`close the window or panel (column 6, lines 24-33).
`
`As recited in claim 32, Okuyama et al. disclose the apparatus, wherein the motor
`
`is coupled to a motor vehicle window or panel and wherein the controller includes an
`
`interface for monitoring user actuation of control inputs for controlling movement of the
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`window or panel and wherein the controller maintains a position indication which is
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`updated in response movement of the window or panel and further wherein the
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`controller reverse actuations the motor near an end point in an object path of travel to
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`avoid false obstacle detection in the region of closure of the window or panel.
`
`Okuyama et al. do not disclose storing immediate past measurements over a
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`present traversal of the motor.
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`However, Bamford discloses an apparatus for controlling motion of a motor
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`driven element in a vehicle over a range of motion and for altering said motion when
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`undesirable resistance to said motion is encountered, said apparatus comprising: a
`
`sensor (5) for measuring a parameter of a motor coupled to the motor driven element
`
`

`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 6
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`that varies in response to a resistance to motion during all or part of a range of motion
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`of the motor driven element; a memory (9) for storing a number of measurement values
`
`from the sensor based on immediate past measurements of said parameter over at
`
`least a portion of a present traversal of said motor driven element through said range of
`
`motion; a controller (6) coupled to the memory for determining to de-activate the motor
`
`based on a most recent sensor measurement of the parameter and the immediate past
`
`measurement values stored in the memory obtained during a present run through the
`
`motor driven element range of motion; and a controller interface coupled to the motor
`
`for altering motion of said motor driven element during the present run in response to a
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`determination made by the controller (figure 3).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
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`invention to utilize the teachings of Bamford with the teachings of Okuyama et al.,
`
`because the teaching allow the use of more accurate and precise measurements to be
`
`used in updating the window movements to thereby more accurately detect
`
`obstructions.
`
`However, Official Notice is taken with respect to infrared light sources being well
`
`known in the art to detect movement of an object.
`
`It would be obvious to use any type of sensor, because the teachings merely
`
`provide alternate means for providing the same, wherein one could substitute one
`
`sensor or detector for another.
`
`With respect to claims 36 and 37, Okuyama et al. disclose the claimed invention
`
`except for the range in which the measurements are taken (40 milliseconds). It would
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`

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`Application/Control Number: 10/765,487
`Art Unit: 2837
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`Page 7
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`have been obvious to one having ordinary skill in the art at the time the invention was
`
`made to provide measurements at forty millisecond interval, since it has been held that
`
`where the general conditions of a claim are disclosed in the prior art, discovering the
`
`optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ
`
`233.
`
`Allowable Subject Matter
`
`3.
`
`Claims 1-5 and 12-27 are allowed.
`
`Response to Arguments
`
`Applicant's arguments filed 8/19/2008 have been fully considered but they are
`
`not persuasive. While some of the arguments were persuasive, others were not. More
`
`specifically, the claims rejected above do not take in account a present run of the motor
`
`in comparison with immediate past measurements or threshold values. These elements
`
`in conjunction with the operation of the apparatus were found to be convincingly
`
`different from the prior art. It is well known in the art to provide obstacle detection
`
`devices that detect obstruction based on previously run operations of the element
`
`motor. However the above allowed claims appear to differ from the prior art.
`
`THIS ACTION IS MADE FINAL Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`

`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 8
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action. In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Marlon T. Fletcher whose telephone number is 571-272-
`
`2063. The examiner can normally be reached on M-F.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Walter Benson can be reached on 571-272-2227. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-2173-8300.
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`

`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 9
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`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 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 system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`MTF
`12/31/2008
`
`/Marlon T Fletcher/
`Primary Examiner, Art Unit 2837
`
`

`
`Application/Control No.
`
`Index of Claims
`
`Ill Ill IIIII II II I 1111
`
`10765487
`
`Examiner
`
`Fletcher, Marlen T
`
`Applicant(s)/Patent Under
`Reexamination
`
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Rejected
`
`Cancelled
`
`N Non-Elected
`
`=
`
`Allowed
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Objected
`
`0 Claims renumbered in the same order as presented by applicant
`
`0 CPA
`
`0 T.D.
`
`0 R.1 .47
`
`DATE
`
`CLAIM
`Final
`Original
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`29
`30
`31
`32
`33
`34
`35
`36
`
`12/31/2008
`=
`=
`=
`=
`=
`./
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`./
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`./
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`-
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`./
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`./
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`=
`./
`
`./
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`./
`
`./
`
`./
`
`-
`-
`-
`
`./
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`U.S. Patent and Trademark Office
`
`Part of Paper No. : 20090102
`
`

`
`Application/Control No.
`
`Index of Claims
`
`Ill Ill IIIII II II I 1111
`
`10765487
`
`Examiner
`
`Fletcher, Marlen T
`
`Applicant(s)/Patent Under
`Reexamination
`
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Rejected
`
`Cancelled
`
`N Non-Elected
`
`=
`
`Allowed
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Objected
`
`0 Claims renumbered in the same order as presented by applicant
`
`0 CPA
`
`0 T.D.
`
`0 R.1.47
`
`CLAIM
`I Original
`Final
`I
`37
`
`12/31/20081
`I
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`"
`
`I
`I
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`I
`I
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`DATE
`
`I
`I
`
`I
`I
`
`I
`I
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`I
`I
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`I
`I
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`U.S. Patent and Trademark Office
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`Part of Paper No. : 20090102