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`Ex. PGS 1015
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`EX. PGS 1015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`UNITED STATES DEPARTMENT OF COMMERCE
`United Stain Patent and Trademark Offite
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alel!Jlndria, Virginia 22313·1450
`www .uspto.gov
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`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
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`11/070,614
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`03/02/2005
`
`Oyvind Hillesund
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`14.0123-PCT-US-CONTI
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`1405
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`28116
`7590
`11/21/2005
`WESTERNGECO L.L.C.
`10001 RICHMOND AVENUE
`(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 D
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`ART UNIT
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`3617
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`PAPER NUMBER
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`DATE MAILED: 11/21/2005
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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 1015
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`11/070,614
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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
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J 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).
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`Status
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`1 )0 Responsive to communication(s) filed on __ .
`2a)0 This action is FINAL.
`2b)~ 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.
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`Disposition of Claims
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`4)~ Claim(s) 49-73 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)~ Claim(s) 73 is/are allowed.
`6)~ Claim(s) 49-72 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)~ The specification is objected to by the Examiner.
`10)~ The drawing(s) filed on 09 May 2005 is/are: a)~ 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.
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`Priority under 35 U.S.C. § 119
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`12)~ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)~ All b)O Some* c)O None of:
`1.~ 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.
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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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`Attachment(s)
`1) ~ 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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`I
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`u.~~r~31e"d Trademark Office
`PT01 6 (Rev. 7-05)
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`Office Action Summary
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`Part of Paper No./Mail Date 10182005
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`Ex. PGS 1015
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`Application/Control Number: 11/070,614
`Art Unit: 3617
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`Page 2
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`1.
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`Claims 49-73 are in the application. Claims 1-48 have been canceled.
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`DETAILED ACTION
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`Specification
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`2.
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`The cross reference to related applications should be updated to reflect the present status
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`of the parent application.
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`Claim Rejections- 35 USC§ 112
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`3.
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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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`4.
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`Claims 50-62 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`5.
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`In claim 50, line 3, there is no roper antecedent for "said seismic survey vessel's
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`navigation system".
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`Double Patenting
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`The nonstatutory double patenting rejection is based on a judicially created doctrine
`6.
`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
`improper timewise extension of the "right to exclude" granted by a patent and to prevent possible
`harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`Cir. 1993); In re Longi, 759 F.2d 887,225 USPQ 645 (Fed. Cir. 1985); In re VanOrnum, 686
`F.2d 937,214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
`1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to
`overcome an actual or provisional rejection based on a nonstatutory double patenting ground
`provided the conflicting application or patent is shown to be commonly owned with this
`application. See 37 CFR 1.130(b).
`Effective January 1, 1994, a registered attorney or agent of record may sign a terminal
`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37
`CFR 3.73(b).
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`Ex. PGS 1015
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`Application/Control Number: 111070,614
`Art Unit: 3617
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`Page 3
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`7.
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`Claims 49-72 are rejected under the judicially created doctrine of double patenting over
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`claims 25-48, respectively, ofU. S. Patent No. 6,932,017 since the claims, if allowed, would
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`improperly extend the "right to exclude" already granted in the patent.
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`The subject matter claimed in the instant application is fully disclosed in the patent and is
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`covered by the patent since the patent and the application are claiming common subject matter,
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`as follows:
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`In claim 49, the steps of "predicting positions", "using the predicted positions" and
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`"implementing at least some of the desired changes" are encompassed in the recitation of claim
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`25 of"obtaining a predicted position", "calculating desired changes", and "actuating the wing
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`motors to produce s~id desired changes in wing orientation". The rest of the claims are actual
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`duplication of the claims in the patent or slight variations therefor.
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`Furthermore, there is no apparent reason why applicant was prevented from presenting
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`claims corresponding to those of the instant application during prosecution of the application
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`which matured into a patent. See In re Schneller, 397 F.2d 350, 158 USPQ 210 (CCPA 1968).
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`See also MPEP § 804.
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`8.
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`Claim 73 is allowed.
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`Allowable Subject Matter
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`9.
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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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`Ex. PGS 1015
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`Application/Control Number: 11/070,614
`Art Unit: 3617
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`Page 4
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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 703-872-9306.
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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).
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`Q_:_ a~
`~ z,. s~ to/'t,VdJ .....
`Primary Examiner
`Art unit 3617
`KNX03D69©
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`jds
`October 18, 2005
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`Ex. PGS 1015
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`
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`Notice of References Cited
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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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`Application/Control No.
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`11/070,614
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`Examiner
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`Jesus D. Sotelo
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`U.S. PATENT DOCUMENTS
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`Name
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`06-1987
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`Conboy, Michael R.
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`01-1990
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`Dolengowski, George A.
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`A US-4,676,183 A
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`B US-4,890,568 A
`c US-
`D US-
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`E US-
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`F US-
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`G US-
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`H US-
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`I
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`J
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`US-
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`US-
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`K US-
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`L US-
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`M US-
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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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`FOREIGN PATENT DOCUMENTS
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`EP 613025 A1
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`08-1994
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`European Patent
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`ELHOLM, TOR
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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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`114/245
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`114/246
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`Classification
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`G01V 01/38
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`N
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`0
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`p
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`Q
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`R
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`T
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`u
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`v
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`w
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`*
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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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`X
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`. A copy of th1s reference IS not be10g furn1shed w1th th1s Office act1on. (See MPEP § 707.05(a).)
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`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. 10182005
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`Ex. PGS 1015
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