UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/746,742
`
`01/22/2018
`
`TETSUYA YAMAMOTO
`
`731456.460USPC
`
`5655
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`LEE” JAE YOUNG
`
`PAPER NUMBER
`
`ART UNIT
`
`2466
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/25/2019
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/746,742
`Examiner
`JAE Y LEE
`
`Applicant(s)
`YAMAMOTO et al.
`Art Unit
`AIA (FITF) Status
`2466
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS 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.
`|f 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). Responsive to communication(s) filed on 21 May 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
`
`3)[:] 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.
`
`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`
`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] 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).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
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`b)I:l Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] 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)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190706
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 2
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
`
`2.
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`Applicant's arguments filed on 5/21/2019 have been fully considered but they are not
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`Response to Arguments
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`persuasive.
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`3.
`
`On page 8 of applicant’s argument, the applicant argues that ”Takeda fails to teach any details
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`of the PUCCH resources’ ”association with the PDSCH’s PRB index”. Not every association between
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`PUCCH resources and a PDSCH’s PRB index results in a one-to-one correspondence between the PUCCH
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`resources and the PDSCH’s PRB index”.
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`4.
`
`Examiner respectfully disagrees with the applicant’s argument. Claim 1 discloses ”the uplink
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`resource being associated in one-to-one correspondence with a number of a downlink resource to
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`which the downlink data is allocated in the last subframe” without further limitation i.e., how the uplink
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`is resource is associated with one-to-one correspondence, what the one-to-one correspondence, etc.
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`Instead, the uplink resource is merely associated in one-to-one relationship with a number of a downlink
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`resource.
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`Takeda discloses ”the relationship between the downlink narrow band in which a PDSCH is
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`received and the uplink narrow band in which a PUCCH is transmitted in response to the PDSCH are
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`determined in advance” (par. 40), ”the PUCCH resources for transmitting an ACK/NACK in response to
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`the PDSCH can be specified in association with the PDSCH's PRB index” (par. 45) and ”a predetermined
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`period of time (for example, 4 subframes) after the last subframe in which the PDSCH was received, UE
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`#1 and UE #2 each transmit an ACK/NACK in response to this PDSCH, by using predetermined PUCCH
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`resources” (par. 58). In other words, PUCCH resource (i.e., uplink subframe) is associated in a
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`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 3
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`predetermined period of time (for example, 4 subframes) after the last subframe in which the PDSCH
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`being specified in association with the PDSCH’s PRB index was received (i.e., one-to-one correspondence
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`with a number of downlink resource to which the downlink data is allocated in the last subframe) for
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`transmitting ACK/NACK in response to the PDSCH by using the predetermined PUCCH resource.
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`For at least the foregoing reasons, Takeda teaches the every feature of independent claim land
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`thus can anticipate this claim.
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`Claim Rejections - 35 USC § 102
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`5.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
`
`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application
`for patent published or deemed published under section 122(b), in which the patent or application, as
`the case may be, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
`
`7.
`
`Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takeda et al. (US
`
`2017/0353272).
`
`Regarding claim 1, Takeda discloses
`
`o
`
`a terminal comprising: a receiver (Fig. 14) which, in operation, that receives the same
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`downlink data over one or more subframes (par. 58: UE #1 and UE #2 each receive the PDSCH
`
`in a plurality of subframes, in repetitions, by using resources that are specified by the EPDCCH
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 4
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`for the subject terminal) through a downlink resource within a machine-type communication
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`(MTC) narrow band (par. 44: The information to represent the locations of PDSCH resources
`
`may be, for example, a PRB index (for example, one of 0 to 5) within a predetermined narrow
`
`band (for example, 6 RES), or may be a relative frequency offset to the locations of EPDCCH
`
`resources);
`
`0
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`circuitry (Fig. 14) which, in operation, generates a response signal as a response to the
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`downlink data (par. 35: The user terminal receives the PDSCH in the allocated resources
`
`specified by the EPDCCH, and transmits an HARQ-ACK in response to this PDSCH by using a
`
`PUCCH (Physical Uplink Control Channel); and
`
`o
`
`a transmitter (Fig. 14) which, in operation, transmits the response signal through an uplink
`
`resource a predetermined number of subframes after a last subframe of the one or more
`
`subframes, the uplink resource being associated in one-to-one correspondence with a number
`
`of a downlink resource to which the downlink data is allocated in the last subframe (par. 40:
`
`the relationship between the downlink narrow band in which a PDSCH is received and the uplink
`
`narrow band in which a PUCCH is transmitted in response to the PDSCH are determined in
`
`advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in response to the PDSCH
`
`can be specified in association with the PDSCH's PRB index; par. 58: UE #1 and UE #2 each
`
`receive the PDSCH in a plurality of subframes, in repetitions, by using resources that are
`
`specified by the EPDCCH for the subject terminal. Also, a predetermined period of time (for
`
`example, 4 subframes) after the last subframe in which the PDSCH was received, UE #1 and UE
`
`#2 each transmit an ACK/NACK in response to this PDSCH, by using predetermined PUCCH
`
`resources).
`
`Regarding claim 2, Takeda discloses
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 5
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`0 wherein the number of the downlink resource is the number of a physical resource block
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`(PRB) that constitutes the narrow band (par. 45: An MTC terminal specifies the PRB of a PDSCH
`
`received in a predetermined narrow band (PDSCH set). To specify the PRB, for example, the PRB
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`index can be used. Furthermore, the PUCCH resources for transmitting an ACK/NACK in
`
`response to the PDSCH can be specified in association with the PDSCH's PRB index).
`
`Regarding claim 3, Takeda discloses
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`0 wherein the number of the downlink resource is a number of that identifies the narrow band
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`(par. 40: the relationship between the downlink narrow band in which a PDSCH is received and
`
`the uplink narrow band in which a PUCCH is transmitted in response to the PDSCH are
`
`determined in advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in response
`
`to the PDSCH can be specified in association with the PDSCH's PRB index).
`
`Regarding claim 4, Takeda discloses
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`0 wherein the uplink resource through which the response signal is transmitted includes
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`different regions that are used by a first MTC terminal for which less than a predetermined
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`number of subframes are used to transmit the downlink data and a second MTC terminal for
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`which the predetermined number of subframes or more is used to transmit the downlink data
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`(par. 57: the number of times to repeat the PDSCH for UE #1 is 4, and the number of times to
`
`repeat the PDSCH for UE #2 is 2; par. 58: Also, a predetermined period of time (for example, 4
`
`subframes) after the last subframe in which the PDSCH was received, UE #1 and UE #2 each
`
`transmit an ACK/NACK in response to this PDSCH, by using predetermined PUCCH resources).
`
`Regarding claim 5, Takeda discloses
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 6
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`0 wherein the number of the downlink resource associated in one-to-one correspondence with
`
`the uplink resource in the region of the uplink resource used by the first MTC terminal is the
`
`number of a physical resource block (PRB) that constitutes the narrow band (par. 40: the
`
`relationship between the downlink narrow band in which a PDSCH is received and the uplink
`
`narrow band in which a PUCCH is transmitted in response to the PDSCH are determined in
`
`advance; par. 45: the PUCCH resources for transmitting an ACK/NACK in response to the PDSCH
`
`can be specified in association with the PDSCH's PRB index), and
`
`o
`
`the number of the downlink resource associated in one-to-one correspondence with the
`
`uplink resource in the region of the uplink resource used by the second MTC terminal is the
`
`number of the narrow band (par. 57: the number of times to repeat the PDSCH for UE #1 is 4,
`
`and the number of times to repeat the PDSCH for UE #2 is 2; par. 58: Also, a predetermined
`
`period of time (for example, 4 subframes) after the last subframe in which the PDSCH was
`
`received, UE #1 and UE #2 each transmit an ACK/NACK in response to this PDSCH, by using
`
`predetermined PUCCH resources).
`
`Regarding claim 6, Takeda discloses
`
`o
`
`a base station comprising: a transmitter (Fig. 12) which, in operation, transmits the same
`
`downlink data over one or more subframe (par. 58: UE #1 and UE #2 each receive the PDSCH in
`
`a plurality of subframes, in repetitions, by using resources that are specified by the EPDCCH for
`
`the subject terminal) through a downlink resource within a machine-type communication
`
`(MTC) narrow band (par. 44: The information to represent the locations of PDSCH resources
`
`may be, for example, a PRB index (for example, one of 0 to 5) within a predetermined narrow
`
`band (for example, 6 RES), or may be a relative frequency offset to the locations of EPDCCH
`
`resources); and
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 7
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`o
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`a receiver (Fig. 12) which, in operation, receives a response signal as a response to the
`
`downlink data through an uplink resource a predetermined number of subframes after a last
`
`subframe of the one or more subframes, the uplink resource being associated in one-to-one
`
`correspondence with a number of a downlink resource to which the downlink data is allocated
`
`in the last subframe (par. 40: the relationship between the downlink narrow band in which a
`
`PDSCH is received and the uplink narrow band in which a PUCCH is transmitted in response to
`
`the PDSCH are determined in advance; par. 45: the PUCCH resources for transmitting an
`
`ACK/NACK in response to the PDSCH can be specified in association with the PDSCH's PRB index;
`
`par. 58: UE #1 and UE #2 each receive the PDSCH in a plurality of subframes, in repetitions, by
`
`using resources that are specified by the EPDCCH for the subject terminal. Also, a
`
`predetermined period of time (for example, 4 subframes) after the last subframe in which the
`
`PDSCH was received, UE #1 and UE #2 each transmit an ACK/NACK in response to this PDSCH, by
`
`using predetermined PUCCH resources).
`
`Regarding claim 7, Takeda discloses
`
`o
`
`a transmission method comprising: receiving the same downlink data over one or more
`
`subframes (par. 58: UE #1 and UE #2 each receive the PDSCH in a plurality of subframes, in
`
`repetitions, by using resources that are specified by the EPDCCH for the subject terminal)
`
`through a downlink resource within a machine-type communication (MTC) narrow band (par.
`
`44: The information to represent the locations of PDSCH resources may be, for example, a PRB
`
`index (for example, one of 0 to 5) within a predetermined narrow band (for example, 6 RES), or
`
`may be a relative frequency offset to the locations of EPDCCH resources);
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 8
`
`o
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`generating a response signal as a response to the downlink data (par. 35: The user terminal
`
`receives the PDSCH in the allocated resources specified by the EPDCCH, and transmits an HARQ-
`
`ACK in response to this PDSCH by using a PUCCH (Physical Uplink Control Channel); and
`
`o
`
`transmitting the response signal through an uplink resource a predetermined number of
`
`subframes after a last subframe of the one or more subframes, the uplink resource being
`
`associated in one-to-one correspondence with a number of a downlink resource to which the
`
`downlink data is allocated in the last subframe (par. 40: the relationship between the downlink
`
`narrow band in which a PDSCH is received and the uplink narrow band in which a PUCCH is
`
`transmitted in response to the PDSCH are determined in advance; par. 45: the PUCCH resources
`
`for transmitting an ACK/NACK in response to the PDSCH can be specified in association with the
`
`PDSCH's PRB index; par. 58: UE #1 and UE #2 each receive the PDSCH in a plurality of subframes,
`
`in repetitions, by using resources that are specified by the EPDCCH for the subject terminal.
`
`Also, a predetermined period of time (for example, 4 subframes) after the last subframe in
`
`which the PDSCH was received, UE #1 and UE #2 each transmit an ACK/NACK in response to this
`
`PDSCH, by using predetermined PUCCH resources).
`
`Conclusion
`
`8.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
`
`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
`
`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
`
`

`

`Application/Control Number: 15/746,742
`Art Unit: 2466
`
`Page 9
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
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`9.
`
`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Jae Y. Lee whose telephone number is (571) 270-3936. The examiner can normally
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`be reached on Monday through Friday from 7:30 AM to 5:00 PM EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
`
`Faruk Hamza can be reached on (571) 272-7969. 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.
`
`/JAE Y LEE/
`
`Primary Examiner, Art Unit 2466
`
`