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`Ex. PGS 1012
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`EX. PGS 1012
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`UNITED STATES PATENT AND TRADEMARK. OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 14SO
`Alexandria, Virginia 22313-1450
`www.usplo.gov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`A ITORNEY DOCKET NO.
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`CONFIRMATION NO.
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`111454,352
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`06/16/2006
`
`Oyvind Hillesund
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`14.0123-PCT-US-CONT2
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`7433
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`28116
`7590
`08/0V2006
`WESTERNGECO L.L.C.
`1000 I RICHMOND A VENUE
`(P.O. BOX 2469, HOUSTON, TX 77252-2469, U.S.A.)
`HOUSTON, TX 77042
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`EXAMINER
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`SOTELO, JESUS 0
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`ART UNIT
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`3617
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`PAPER NUMBER
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`DATE MAILED: 08/02/2006
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PT0-90C (Rev. 10/03)
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`Ex. PGS 1012
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`11/454,352
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`Examiner
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`HILLESUND ET AL.
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`Art Unit
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`3617
`Jesus D. Sotelo
`-- The MAILING DATE 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 __ 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 event, 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
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`1)0 Responsive to communication(s) filed on __ .
`2a)0 This action is FINAL.
`2b)[8] This action is non-final.
`3)0 Since this application is in condition for allowance except for fonnal 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.
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`Disposition of Claims
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`4)[8] Claim(s) 1-36 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)[8] Claim(s) 1-5 and 19-23 is/are allowed.
`6)0 Claim(s) 6-18 and 24-36 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
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`Application Papers
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`9)0 The specification is objected to by the Examiner.
`1 0)[8] The drawing(s) filed on 16 June 2006 is/are: a)[gl 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}.
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`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 fonn PT0-152.
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`Priority under 35 U.S.C. § 119
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`12)[8] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)[8] All b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.[8]. Certified copies of the priority documents have been received in Application No. 11/070614.
`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.
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`Attachment(s)
`1) [8] Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PT0-1449 or PTO/SB/08)
`Paper No(s)/Mail Date __ .
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`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other: __ .
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 7-05)
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`Office Action Summary
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`Part of Paper No./Mail Date 20060727
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`Ex. PGS 1012
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`Application/Control Number: 11/454,352
`Art Unit: 3617
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`Page 2
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`DETAILED ACTION
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`Claims 1·36 are in the application.
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`The cross·reference to related applications should be updated to reflect the present status
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`1.
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`2.
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`of the parent and related applications.
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`3.
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`With reference to claims 4 and 17, the double period at the end of the claims should be
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`corrected.
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`4.
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`With reference to claim 19 a period should be provided at the end ofthe claim.
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`Claim Rejections- 35 USC§ 112
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`5.
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`The following is a quotation of the second paragraph of35 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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`6.
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`Claims 6-14 and 24-32 are rejected under 35 U.S.C. 112, second paragraph, as being
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`indefinite for failing to particularly point out and distinctly claim the subject matter which
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`applicant regards as the invention.
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`In claim 6 and claim 24 the alternative language "and/or c) compensated for relative
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`movement ... " makes these claims indefinite.
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`In claims 7 and 25 there is no roper antecedent for "the location information" in line 1.
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`Claim Rejections- 35 USC§ 102
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`7.
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`The following is a quotation of the appropriate paragraphs of35 U.S.C. 102 that form the
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`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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`Ex. PGS 1012
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`Application/Control Number: 11/454,352
`Art Unit: 3617
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`Page 3
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`8.
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`Claims 15 and 33 are rejected under 35 U.S.C. 102(b) as being anticipated by Workman
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`et al (5,790,472).
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`Workman et al discloses a method comprising towing an array of streamers each having
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`positioning devices there along and including wings 14; and positioning the streamers by
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`converting a force on the streamer positioning device into a desired roll by means of
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`calculating devices 43.
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`Claim Rejections- 35 USC§ 103
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`9.
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`The following is a quotation of35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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.
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`10.
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`Claims 16-18 and 34-36 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Workman et al (5,790,472).
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`The formula used to calculate the force to position the device would have bee an obvious
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`matter of design choice dependant on the desired movement of the streamer positioning
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`device.
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`Allowable Subject Matter
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`11.
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`Claims 1-5 and 19-23 are allowed.
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`Conclusion
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`12.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Woods et al (4,709,355) and Zachariadis (4,404,664) disclose control system to
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`position towed marine cables.
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`Ex. PGS 1012
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`Application/Control Number: 11/454,352
`Art Unit: 3617
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`Page 4
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`13.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Jesus D. Sotelo whose telephone number is 571-272-6686. The
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`examiner can normally be reached on Mon. Fri. 5:30AM-2:00PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Mr. Samuel J. Morano can be reached on 571-272-6684. 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 Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`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-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`~Z)-~
`f-e4«4 Z> .. s~.:r;z?/6(
`Primary Examiner
`Art unit 3617
`KNX03D69©
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`jds
`July 27, 2006
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`Ex. PGS 1012
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`
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`Applicant(s)/Patent Under
`Reexamination
`HILLESUND ET AL.
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`Art Unit
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`3617
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`Page 1 of 1
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`Classification
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`367/19
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`367/16
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`367/19
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`Notice of References Cited
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`Application/Control No.
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`11/454,352
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`Examiner
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`Jesus D. Sotelo
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`Date
`MM-YYYY
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`U.S. PATENT DOCUMENTS
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`Name
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`09-1983
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`Zachariadis, Robert G.
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`11-1987
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`Woods et al.
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`08-1998
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`Workman et al.
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`Document Number
`Country Code-Number-Kind Code
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`*
`* A US-4,404,664
`* B US-4,709,355
`* c US-5,790,472
`D US-
`E US-
`F US-
`G US-
`H US-
`us-
`US-
`J
`K US-
`L US-
`M US-
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`I
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`*
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`Document Number
`Country Code-Number-Kind Code
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`Date
`MM-YYYY
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`Country
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`Name
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`Classification
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`FOREIGN PATENT DOCUMENTS
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`NON-PATENT DOCUMENTS
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`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
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`*
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`N
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`0
`p
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`Q
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`R
`s
`T
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`u
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`v
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`w
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`X
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`A copy of th1s reference IS not bemg furmshed w1th th1s Office act1on. (See MPEP § 707 .05(a).)
`Dates in MM-YYYY format are publication dates, Classifications may be US or foreign.
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`U.S. Patent and Trademark Office
`PT0-892 (Rev. 01-2001)
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`Notice of References Cited
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`Part of Paper No. 20060727
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`Ex. PGS 1012
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