Attorney Docket No. T6858-18434US01
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
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`First Named Inventor: SCHNELL, WILLIAM J.
`
`Art Unit: 3761
`
`Appln. No.: 11/270,080
`
`Filed: November 9, 2005
`
`Examiner: Leslie R. Deak
`
`Confirmation No.: 6531
`
`For: DIAPHRAGM PRESSURE POD FOR
`MEDICAL FLUIDS
`
`* * *
`
`AMENDMENT ACCOMPANYING REQUEST
`FOB CQNTINUED EXAMINATION
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Prior to the commencement of continued examination, please amend the above-
`
`identified application as follows:
`
`Amendments to the Claims are reflected in the listing of claims which begins on
`
`page 2 of this paper.
`
`Remarks begin on page 9 of this paper.
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`1
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`
`First Named Inventor: SCHNELL, WILLIAM J.
`
`Art Unit: 3761
`
`Appln. No.: 11/270,080
`
`Filed: November 9, 2005
`
`Examiner: Leslie R. Deak
`
`Confirmation No.: 6531
`
`For: DIAPHRAGM PRESSURE POD FOR
`MEDICAL FLUIDS
`
`* * *
`
`AMENDMENT ACCOMPANYING REQUEST
`FOB CQNTINUED EXAMINATION
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Prior to the commencement of continued examination, please amend the above-
`
`identified application as follows:
`
`Amendments to the Claims are reflected in the listing of claims which begins on
`
`page 2 of this paper.
`
`Remarks begin on page 9 of this paper.
`
`1
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`Amendments to the Claims:
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
`
`Listing of Claims:
`
`Claims 1 - 8 (canceled)
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`9. (Currently Amended) A tubular blood flow set which comprises a pressure
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`sensing pod defining a chamber, said pod being connected in flow-through relation to
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`blood flow tubing of said set, said set defining a length of pressure tubing connected at
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`one end with said chamber, for connection at the other pressure tubing end with a
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`pressure measuring equipment connector with said pod being spaced from said connector;
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`and a flexible diaphragm sealingly mounted within said pod between connections of said
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`blood flow tubing and said pressure tubing, said diaphragm being moveable between first
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`and second positions, the diaphragm in said first position bowing outwardly to
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`substantially maximize volume in said chamber that communicates with said blood flow
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`tubing, the diaphragm in said second position bowing inwardly to substantially minimize
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`but not eliminate the blood volume in said chamber that is inside of said diaphragm, said
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`diaphragm in use being in contact on one side thereof with flowing blood,;,
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`wherein the pressure tubing is flexible and elongate and integrally attached to the
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`chamber to permit the pod to be positioned remotely from the pressure measuring
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`equipment connector and to uermit the pod and blood flow tubing set to be connected to
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`2
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`blood treatment machines with pressure measuring equipment connectors in various
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`locations of the blood treatment machines.
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`10. (Previously Presented) The blood flow set of Claim 9 in which said
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`diaphragm occupies substantially said second position when the interior of said flow set is
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`filled with negatively pressurized blood.
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`11. (Previously Presented) The blood flow set of Claim 9 in which said flexible
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`pressure tubing is attached to said pressure sensing pod and carries at said other pressure
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`tubing end a connector for sequential connection with (1) a pressure sensing device and
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`(2) a device to apply positive pressure through said outlet port to said chamber, to drive
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`said diaphragm to the second position.
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`12. (Original) The blood flow set of Claim 11 in which said pressure tubing is
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`flexible and carries a flow clamp to retain said positive pressure at said diaphragm.
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`13. (Original) The blood flow set of Claim 9 in which said pod has a bottom wall
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`facing said chamber, which bottom wall defines a transverse channel having a wall ofU
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`or V-shaped cross-section, whereby the diaphragm in the second position does not block
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`flow through the channel.
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`14. (Original) The blood flow set of Claim 13 in which said channel wall is U(cid:173)
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`shaped and substantially contiguous with a wall portion of said flow tubing of said set.
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`15. (Original) The blood flow set of Claim 9 in which said chamber connects to
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`flow tubing which is pump segment tubing.
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`Claims 16 - 17 (canceled)
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`18. (Original) The blood flow set of Claim 9 in which an access port is provided
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`to communicate with the chamber interior at a side of said diaphragm opposed to said
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`pressure tubing.
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`Claims 19 - 32 (canceled)
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`33. (Currently Amended) A pressure transmitting pod defining a chamber, said
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`pod being for connection in flow-through relation to fluid flow tubing of a fluid flow set,
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`said pod having a flexible, fluid impermeable diaphragm dividing the pod into separate
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`compartments, a first of said compartments communicating with flow connectors for said
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`fluid flow tubing, a second of said compartments communicating with a connection port
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`for connection with a length of pressure tubing at one end thereof, which tubing is
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`integral with said pod and is configured for sealed connection at its other end to a remote
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`pressure connector of a pressure sensing machine, to transmit pressure from the second of
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`said compartments through the pressure tubing to the pressure sensing machine for
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`pressure monitoring, and to allow flexible positioning of said pod relative to the remote
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`pressure sensing machine, said diaphragm having a dome shape, and being sufficiently
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`flexible to easily distort in a manner reflective of pressure changes, to vary the volumes of
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`said one and other compartments.
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`34. (Original) The pressure pod of claim 33 in which said diaphragm of dome
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`shape can vary the volume of said compartments at a pressure variation of 500 mm Hg by
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`at least 2.5 cc.
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`35. (Original) The pressure pod of claim 33 in which said pressure tubing is
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`permanently connected to said connection port of the pod, said pressure tubing having at
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`its other end a remote tubing connector for connection to said machine remote pressure
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`port during medical treatments.
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`36. (Original) The pressure pod of claim 33 in which said pressure tubing is
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`capable of disconnection from the connection port of the pod.
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`37. (Previously Presented) The pressure pod of claim 38 in which said pod
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`connection port is sealed from the atmosphere by an internal partition, said seal being
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`operable by sealing attachment with a connector of said pressure tubing.
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`38. (Previously Presented) The pressure pod of claim 2Z 36 in which said partition
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`is irreversibly opened by a connection of said pod connection port to a connector of said
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`pressure tubing.
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`39. (Original) The pressure pod of claim 33 in which said pod defines a chamber
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`which has a length at least twice its width.
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`40. (Original) The pressure pod of claim 39 in which said diaphragm has a width
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`which is at least twice the depth of the dome of said diaphragm.
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`41. (Original) The pressure pod of claim 33 in which said diaphragm has a width
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`which is at least twice the depth of the dome of said diaphragm.
`
`Claims 42 - 43 (canceled)
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`44. (Previously Presented) The tubular blood flow set of claim 9 in which said
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`pressure tubing carries a connector at its other end for connection with said pressure
`
`measuring equipment connector.
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`45. (Previously Presented) The tubular blood flow set of claim 44 in which said
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`chamber has a removable seal therein whereby the flexible diaphragm is maintained in a
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`desired, initial position prior to opening of said seal.
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`46. (Previously Presented) The pressure transmitting pod of claim 45 in which
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`said dome- shaped diaphragm can bow outwardly in either of two opposed directions.
`
`47. (Previously Presented) The pressure transmitting pod of claim 33 in which
`
`said dome- shaped diaphragm can bow outwardly in either of two opposed directions.
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`48. (Previously Presented) The tubular blood flow set of claim 9 in which said
`
`diaphragm is dome shaped and can bow outwardly in either of two opposed directions.
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`49. (Currently Amended) A pressure transmitting pod defining a chamber, said
`
`pod being in connection in flow-through relation to fluid flow tubing of a fluid flow set,
`
`said pod having a flexible, fluid impermeable diaphragm dividing the pod into separate
`
`compartments, a first of said compartments communicating with flow connectors for said
`
`fluid flow tubing, a second of said compartments communicating with a connection port
`
`for connection to pressure tubing of a pressure sensing machine, the pressure tubing being
`
`integral with said pod and configured to allow attachment of said pod to pressure sensing
`
`ports of the pressure sensing machine and at least one other device having pressure
`
`sensing ports in a different location from the pressure sensing ports of the pressure
`
`sensing machine. to transmit pressure from the second of said compartments to the
`
`pressure sensing machine for pressure monitoring, said diaphragm having a dome shape,
`
`and being sufficiently flexible to easily distort in a manner reflective of pressure changes,
`
`to vary the volumes of said one and other compartments, said dome shaped diaphragm
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`being capable of bowing outwardly to form said dome shape in either of two opposed
`
`directions.
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`50. (Previously Presented) The pressure pod of claim 49 in which said diaphragm
`
`of dome shape can vary the volume of said compartments at a pressure variation of 500
`
`mm Hg by at least 2.5 cc.
`
`51. (Previously Presented) The pressure pod of claim 49 in which said pressure
`
`tubing is permanently connected to said connection port of said pod, said pressure tubing
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`having at its other end the remote tubing connector for connection to a machine remote
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`pressure port during medical treatments.
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`52. (Previously Presented) The pressure pod of claim 49 in which said pressure
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`tubing is capable of disconnection from the connection port of the pod.
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`53. (Previously Presented) The pressure pod of claim 52 in which said pod
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`connection port is sealed from the atmosphere by an internal partition, said seal being
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`operable by sealing attachment with a connector of said pressure tubing.
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`54. (Previously Presented) The pressure pod of claim 49 in which said pod defines
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`a chamber which has a length at least twice its width and said diaphragm has a width at
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`least twice the depth of the dome of said diaphragm.
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`REMARKS
`
`This Amendment addresses the issues outstanding from the final Office Action of
`
`February 4, 2011. Applicants respectfully request favorable reconsideration of this
`
`application, as amended.
`
`Without acceding to the outstanding rejections, by this Amendment, independent
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`Claims 9, 33, and 49 have been amended to more particularly recite certain distinctive
`
`features of Applicants' invention. Claims 1-8, 16-17, 19-32, and 42-43 have been
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`previously cancelled without prejudice or disclaimer.
`
`In the final Office Action, Claims 9-15 and 18 were rejected under 35 U.S.C. §
`
`102(b) as being unpatentable over Soussan; Claim 44 was rejected under 35 U.S.C. §
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`103(a) as being unpatentable over Soussan; and Claims 33-41 and 45-54 were rejected
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`under 35 U.S.C. § 103(a) as being unpatentable over Soussan in view of Brugger.
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`As now amended, independent Claim 9 additionally recites that the pressure
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`tubing is flexible and elongate and integrally attached to the chamber to permit the pod to
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`be positioned remotely from the pressure measuring equipment connector and to permit
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`the pod and blood flow tubing set to be connected to blood treatment machines with
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`pressure measuring equipment connectors in various locations of the blood treatment
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`machine. Soussan fails to teach or suggest the above-discussed features. For example,
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`Soussan's pressure tubing 93((a)-(d)) is an integral part of a processing device 60
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`including the pressure transducer 92((a)-(d)). Moreover, Soussan teaches that the
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`processing device 60 includes a receptacle in and/or to which the pressure pod 80((a)-(d))
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`is connected. Therefore, contrary to Applicants' invention, Soussan's pressure tubing
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`93((a)-(d)) is neither integrally attached to the pressure pod 80((a)-(d)) chamber nor does
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`it permit the pod and blood flow tubing set to be connected to blood treatment machines
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`with pressure measuring equipment connectors in various locations of the blood treatment
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`machines, as claimed in Claim 9.
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`Brugger fails to remedy the deficiencies of Soussan.
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`Independent Claim 9 and its dependents therefore distinguish patentably from
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`Soussan.
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`Independent Claims 33 and 49 and their respective dependents also distinguish
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`patentably from the applied references for reasons similar to those set forth regarding
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`independent Claim 9.
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`Additionally, regarding independent Claim 33, Soussan also fails to teach or
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`suggest that the pressure tubing allows flexible positioning of the pod relative to the
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`remote pressure sensing machine.
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`Accordingly, this application is believed to be in condition for allowance, and an
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`early Notice of Allowance is respectfully solicited.
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`The Commissioner is hereby authorized to charge to Deposit Account No. 50-
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`1165 (T6858-18434US01) any fees under 37 C.F.R. §§ 1.16 and 1.17 that may be
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`required by this paper and to credit any overpayment to that Account. If any extension of
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`time is required in connection with the filing of this paper and has not been separately
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`requested, such extension is hereby requested.
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`Date: June 6, 2011
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`Miles & Stockbridge, P.C.
`1751 Pinnacle Drive
`Suite 500
`McLean, Virginia 22102-3833
`(703) 903-9000
`
`Respectfully submitted,
`
`By:
`
`/Otilia Gabor/
`Mark A. Catan
`Reg. No. 38,720
`
`Otilia Gabor
`Reg. No. 60,217
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