`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111467,092
`
`08/24/2006
`
`Michael Tasler
`
`0256.0002.NPUS01
`
`3038
`
`7590
`69995
`The Meola Firm, PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`09/28/2015
`
`EXAMINER
`
`LEE, CHUN KUAN
`
`ART UNIT
`
`PAPER NUMBER
`
`2181
`
`MAIL DATE
`
`DELIVERY MODE
`
`09/28/2015
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`001
`
`Apple 1002 (Part 1 of 2)
`U.S. Pat. 9,189,437
`
`
`
`Corrected
`Notice of Allowability
`
`Application No.
`11/467,092
`Examiner
`Chun-Kuan Lee
`
`Applicant(s)
`TASLER, MICHAEL
`Art Unit
`AlA (First Inventor to
`File) Status
`21 81
`No
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`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 ALLOW ABILITY 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. [gl This communication is responsive to 06/01/2015.
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on ___ .
`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ; the restriction
`requirement and election have been incorporated into this action.
`
`3. [gl The allowed claim(s) is/are 239 and 333-376 (renumbered as claims 1-451. As a result of the allowed claim(s), you may be eligible to
`benefit from the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application.
`For more information, please see http://www.usgto.aov/gatents/init events/ggh/index.jsg or send an inquiry to
`PPHfeedback@uspto.gov .
`
`4. [gl Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) D None of the:
`b) D Some
`a) [gl All
`1. [gl Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D 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.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail 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. 0 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. D Notice of References Cited (PT0-892)
`2. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`3. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`
`/Chun-Kuan Lee/
`Primary Examiner, Art Unit 2181
`
`5. [gl Examiner's Amendment/Comment
`6. [gl Examiner's Statement of Reasons for Allowance
`
`7. D Other __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20150925
`
`002
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 2
`
`DETAILED ACTION
`
`I. EXAMINER'S AMENDMENTS
`
`OPTIONS AVAILABLE TO THE APPLICANT
`
`An examiner's amendment to the record appears below. Should the 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 an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`AUTHORIZATION FOR THE CORRECTIONS BY THE EXAMINER
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Anthony L. Meola, having Reg. No. 44,936, on 08/03/2015 and 09/24/2015.
`
`Accordingly, since a complete record of the interview has been incorporated in the
`
`instant examiner's amendment, no separate interview summary form is included in the
`
`instant office letter MPEP § 713.04.
`
`CORRECTIONS MADE IN THE APPLICATION
`
`The application has been amended as following:
`
`IN THE CLAIMS:
`
`The below described amendments to the claims are necessary to further clarify
`
`the claimed invention.
`
`003
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 3
`
`As per claim 239, claim 239 is amended as following:
`
`"An analog data generating and processing device (ADGPD), comprising:
`
`an input/output (i/o) port;
`
`a program memory;
`
`a data storage memory;
`
`a processor operatively interfaced with the i/o port, the program memory and the
`
`data storage memory;
`
`wherein the processor is adapted to implement a data generation process by
`
`which analog data is acquired from each respective analog acquisition channel of a
`
`plurality of independent analog acquisition channels, the analog data from each
`
`respective channel is digitized, coupled into the processor, and is processed by the
`
`processor, and the processed and digitized analog data is stored in the data storage
`
`memory as at least one file of digitized analog data;
`
`wherein the processor also is adapted to be involved in an automatic recognition
`
`process of a host computer in which, when the i/o port is operatively interfaced with a
`
`multi-purpose interface of the host computer, the processor executes at least one
`
`instruction set stored in the program memory and thereby causes at least one
`
`parameter identifying the analog data generating and processing device, independent of
`
`analog data source, as a digital storage device instead of as an analog data generating
`
`and processing device to be automatically sent through the i/o port and to the multi-
`
`purpose interface of the computer (a) without requiring any end user to load any
`
`004
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 4
`
`software onto the computer at any time and (b) without requiring any end user to
`
`interact with the computer to set up a file system in the ADGPD at any time, wherein the
`
`at least one parameter is consistent with the ADGPD being responsive to commands
`
`issued from a customary device driver;
`
`wherein the at least one parameter provides information to the computer about
`
`file transfer characteristics of the ADGPD; and
`
`wherein the processor is further adapted to be involved in an automatic file
`
`transfer process in which, when the i/o port is operatively interfaced with the multi-
`
`purpose interface of the computer, and after the at least one parameter has been sent
`
`from the i/o port to the multi-purpose interface of the computer, the processor executes
`
`at least one other instruction set stored in the program memory to thereby cause the at
`
`least one file of digitized analog data acquired from at least one of the plurality of analog
`
`acquisition channels to be transferred to the computer using the customary device
`
`driver for the digital storage device while causing the analog data generating and
`
`processing device to appear to the computer as if it were the digital storage device
`
`without requiring any user-loaded file transfer enabling software to be loaded on or
`
`installed in the computer at any time."
`
`As per claim 369, claim 369 is amended as following:
`
`"The analog data generating and processing device of claim 239 further
`
`comprising an input connector having at least one BNC input coupled to the processor
`
`005
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 5
`
`through a respective independently programmable amplifier, a multiplexer, and an
`
`analog to digital converter."
`
`As per claim 370, claim 370 is amended as following:
`
`"An analog data generating and processing device (ADGPD) for acquiring analog
`
`data and for communicating with a host computer comprising:
`
`a program, memory;
`
`a data storage memory;
`
`a digital processor configured to interface to a multi-purpose interface of the host
`
`computer, the program memory, and the data storage memory;
`
`an analog to digital converter operatively coupled to the digital processor and
`
`configured to acquire analog data from each respective analog acquisition channel of a
`
`plurality of analog acquisition channels, the analog to digital converter configured to
`
`convert the acquired analog data to digitized acquired analog data and to couple the
`
`digitized acquired analog data from the plurality of analog acquisition channels into the
`
`digital processor for processing by the digital processor;
`
`the digital processor configured to automatically generate and transmit to the
`
`host computer via the multipurpose interface an identification parameter which identifies
`
`the analog data generating and processing device to the host computer as a digital
`
`storage device but which is different than an analog data generating and processing
`
`device and independent of analog data source, and the processor communicating with
`
`the host computer through the multi-purpose interface as if the analog data generating
`
`006
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 6
`
`and processing device were the digital storage device including transferring the digitized
`
`acquired analog data acquired from at least one of the analog acquisition channels ...
`
`wherein the identification parameter is consistent with the ADGPD being responsive to
`
`commands issued from a customary device driver, using the customary device driver
`
`present for a digital storage device in the host computer without requiring the user to
`
`load the customary device driver; and
`
`wherein the digital processor is configured to transmit to the host computer active
`
`commands through the multipurpose interface to access a system bus of the host
`
`computer to enable communication directly with other devices of the host computer
`
`while bypassing the host computer processor without requiring the user to load enabling
`
`software."
`
`As per claim 372, claim 372 is amended as following:
`
`"An analog data generating and processing device (ADGPD) for acquiring analog
`
`data and for communicating with a host computer which includes a manufacturer
`
`installed BIOS comprising:
`
`a program memory;
`
`a data storage memory;
`
`a digital processor configured to interface to a multi-purpose interface of the host
`
`computer, the program memory, and the data storage memory;
`
`an analog to digital converter operatively coupled to the digital processor and
`
`configured to simultaneously acquire analog data from each respective analog source of
`
`a plurality of analog sources on a respective one of a plurality of independent analog
`
`007
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 7
`
`acquisition channels, the analog to digital converter configured to convert the acquired
`
`analog data to digitized acquired analog data and to couple the digitized acquired
`
`analog data into the digital processor for processing by the digital processor;
`
`the digital processor configured to automatically generate and transmit to the
`
`host computer via the multipurpose interface an identification parameter which identifies
`
`the analog data generating and processing device to the host computer as a digital
`
`mass storage device but which is different than an analog data generating and
`
`processing device and independent of the analog sources, and the processor
`
`communicating with the host computer through the multi-purpose interface as if the
`
`analog data generating and processing device were the digital mass storage device
`
`including transferring the digitized analog data acquired from at least one of the analog
`
`sources, wherein the identification parameter is consistent with the ADGPD being
`
`responsive to commands issued from a customary device driver, using the customary
`
`device driver present in the BIOS of the host computer for the digital mass storage
`
`device in the host computer without requiring the user to load the customary device
`
`driver."
`
`As per claim 374, claim 374 is amended as following:
`
`"An analog data generating and processing method for acquiring analog data and
`
`for communicating with a host computer comprising:
`
`operatively interfacing an analog data device including a digital processor, a
`
`program memory and a data storage memory, to a multi-purpose interface of the host
`
`computer;
`
`008
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 8
`
`acquiring analog data on each respective analog acquisition channel of a plurality
`
`of independent analog acquisition channels, converting the acquired analog data to
`
`digitized acquired analog data, and coupling the digitized acquired analog data into the
`
`digital processor for processing by the digital processor;
`
`automatically generating and transmitting to the host computer via the
`
`multipurpose interface an identification parameter which identifies the analog data
`
`generating and processing device to the host computer as a digital storage device but
`
`which is different than an analog data device, and independent of analog data source,
`
`and the analog data generating and processing device communicating with the host
`
`computer through the multi-purpose interface as if the analog data generating and
`
`processing device were the digital storage device including transferring the digitized
`
`acquired analog data acquired from at least one of the analog acquisition channels,
`
`wherein the identification parameter is consistent with the ADGPD being responsive to
`
`commands issued from a customary device driver, using the customary device driver
`
`present for the customary digital storage device in the host computer without requiring
`
`the user to load the device driver."
`
`II. ALLOWABLE SUBJECT MATTER
`
`Claims 239 and 333-376 (renumbered as claims 1-45) are allowed.
`
`The following is an Examiner's Statement of Reasons for Allowance, See
`
`MPEP 1302.14:
`
`009
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 9
`
`The primary reason for the allowance of the independent claims 239, 370, 372
`
`and 37 4 (renumbered as claims 1, 39, 41 and 43) is the inclusion of the inventive
`
`concept for sending at least one parameter that is consistent with the portable
`
`peripheral device being responsive to commands issued from a customary driver for the
`
`file transferring of digitally converted analog data in combination with other recited
`
`claimed elements, which is not found in the prior art of record. Because claims 333-
`
`369, 371, 373, and 375-376 (renumbered as claims 2-38, 40, 42 and 44-45) depend
`
`directly or indirectly on claims independent claims 239, 370, 372 and 374 (renumbered
`
`as claims 1, 39, 41 and 43), these claims are considered allowable for at least the same
`
`reasons noted above.
`
`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."
`
`010
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 10
`
`CONCLUSION
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Chun-Kuan (Mike) Lee whose telephone number is
`
`(571) 272-0671. The examiner can normally be reached on 8AM to 5PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, ldriss Alrobaye can be reached on (571) 270-1 023. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`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.
`
`/Chun-Kuan Lee/
`Primary Examiner
`Art Unit 2181
`September 25, 2015
`
`011
`
`
`
`UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`69995
`7590
`The Meola Firm, PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`09117/2015
`
`EXAMINER
`
`LEE, CHUN KUAN
`
`ART UNIT
`
`PAPER NUMBER
`
`2181
`
`DATE MAILED: 09/17/2015
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111467,092
`
`08/24/2006
`
`Michael Tasler
`
`0256,0002,NPUS01
`
`3038
`
`TITLE OF INVENTION: ANALOG DATA GENERATING AND PROCESSING DEVICE FOR USE WITH A PERSONAL COMPUTER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`12/17/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
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`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
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`PTOL-85 (Rev, 02/11)
`
`Page 1 of3
`
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`
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`
`69995
`7590
`The Meola Firm, PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`09117/2015
`
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`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`ll/467,092
`
`08/24/2006
`
`Michael Taster
`
`0256.0002.NPUSOl
`
`3038
`
`TITLE OF INVENTION: ANALOG DATA GENERATING AND PROCESSING DEVICE FOR USE WITH A PERSONAL COMPUTER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`12/17/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`LEE, CHUN KUAN
`
`2181
`
`710-022000
`
`l. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
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`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
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`
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`2 ________________________ __
`
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`PLEASE NOTE: Unless an asstgnee 1s tdenlifted below, no asstgnee data w1ll appear on the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth m 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`(A) NAME OF ASSIGNEE
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government
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`overpayment, to Deposit Account Number
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`0 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/l5A and l5B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
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`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Authorized Signature ________________________ _
`
`Date _____________________ __
`
`Typed or printed name ______________________ __
`
`Registration No. _________________ _
`
`PTOL-85 Part B (10-13) Approved for use through 10/3112013.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of3
`
`013
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`
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`UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111467,092
`
`08/24/2006
`
`Michael Tasler
`
`0256.0002.NPUS01
`
`3038
`
`69995
`7590
`The Meola Firm, PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`09117/2015
`
`EXAMINER
`
`LEE, CHUN KUAN
`
`ART UNIT
`
`PAPER NUMBER
`
`2181
`
`DATE MAILED: 09/17/2015
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AlA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the
`requirement that the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer
`providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to
`provide a patent term adjustment determination with the Issue Notification Letter that is mailed to applicant
`approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the
`patent. Any request for reconsideration of the patent term adjustment determination (or reinstatement of patent term
`adjustment) should follow the process outlined in 37 CPR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0 101 or (571 )-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of3
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`014
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`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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