`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/862,429
`
`01/04/2018
`
`Atsushi Matsumoto
`
`733456.403C6
`
`4535
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`CHOUDHURY' FAISAL
`
`ART UNIT
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/17/2019
`
`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
`
`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`
`
`0/7709 A0170” Summary
`
`Application No.
`15/862,429
`Examiner
`FAISAL CHOUDHURY
`
`Applicant(s)
`Matsumoto et al.
`Art Unit
`AIA (FITF) Status
`2478
`No
`
`- 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 1/4/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—26 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`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
`
`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
`
`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
`
`b)I:J Some**
`
`0). None of the:
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`1.. Certified copies of the priority documents have been received.
`
`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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date m.
`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 20190412
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 2
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`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Double Patenting
`
`1.
`
`The nonstatutory double patenting rejection is based on a judicially created doctrine 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. A nonstatutory obviousness-type double patenting rejection is appropriate where the
`
`conflicting claims are not identical, but at least one examined application claim is not patentably distinct
`
`from the reference claim(s) because the examined application claim is either anticipated by, or would
`
`have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226
`
`(Fed. Cir. 1998); 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 Van Ornum, 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) or 1.321(d) may be used to
`
`overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided
`
`the conflicting application or patent either is shown to be commonly owned with this application, or
`
`claims an invention made as a result of activities undertaken within the scope of a joint research
`
`agreement.
`
`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).
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 3
`
`Claims 1 and 14 is/are rejected on the ground of nonstatutory obviousness-type double
`
`patenting as being unpatentable over claim 1 of U.S. Patent Nos U.S 9,893,867; claim 1 of U.S. Patent
`
`Nos U.S 9,473,277; claim 1 of U.S. Patent Nos U.S 9,219,586; claim 1 of U.S. Patent Nos U.S 8,315,642;
`
`claim 1 of U.S. Patent Nos U.S 8,145,231 and claim 1 of U.S. Patent Nos U.S 8,125,953. Although the
`
`conflicting claims are not identical, they are not patentably distinct from each other because The
`
`following table shows mapping of how the claim of the instant application are made obvious by
`
`applicant and in views of what was known in the prior art at the time of invention.
`
`This is a non-provisional obviousness-type double patenting rejection because the conflicting
`
`claim has been patented.
`
`US Patent 9,893,867
`
`Instant Application 15/862,429
`
`Claim 1:
`
`Claims 1 and 14:
`
`An integrated circuit, comprising:
`
`An integrated circuit to control a process, the process
`
`comprising:
`
`according to the variable transmission bandwidth; and
`
`.
`.
`.
`.
`.
`mapping cnrcultry, which In at least one mode of
`
`ma
`
`in
`pp g,
`
`in at least a first mode of o eration one or
`p
`’
`
`.
`.
`operation, maps a reference sngnal to each of
`
`more reference signals to one or more frequency
`
`one or more frequency resources, into which a
`
`frequency band having a transmission
`
`bandwidth is uniformly divided depending on a
`
`resources in a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the transmission bandwidth being
`
`provided between control channels mapped to both
`
`Slze varIatIon Of the transmISSIon bandWIdth
`
`ends ofthe system bandwidth, wherein each of the
`
`within a system bandwidth, wherein the
`
`one or more frequency resources is of a fixed
`
`transmission bandwidth is provided between
`
`bandwidth and the one or more frequency resources
`
`control channels mapped to both ends of the
`
`are uniformly distributed in the frequency band
`
`system bandwidth' and
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`transmitting circuitry, which, in at least the one
`
`Page 4
`
`mode of operation, controls transmission of the
`
`transmitting, in at least the first mode of operation,
`
`reference signal.
`
`the one or more reference signals.
`
`US Patent 9,473,277
`
`Instant Application 15/862,429
`
`Claim 1:
`
`Claims 1 and 14:
`
`A mobile station apparatus, comprising:
`
`An integrated circuit to control a process, the process
`
`comprising:
`
`circuitry which, in at least one mode of
`
`mapping, in at least a first mode of operation, one or
`
`operation, maps a reference signal to each of
`
`one or more frequency resources, into which a
`
`frequency band having a transmission
`
`bandwidth is uniformly divided depending on a
`
`size variation of the transmission bandwidth
`
`more reference signals to one or more frequency
`
`resources in a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the transmission bandwidth being
`
`provided between control channels mapped to both
`
`ends ofthe system bandwidth, wherein each of the
`
`within a system bandwidth, wherein the
`
`one or more frequency resources is of a fixed
`
`transmission bandwidth is provided between
`
`bandwidth and the one or more frequency resources
`
`control channels mapped to both ends of the
`
`are uniformly distributed in the frequency band
`
`system bandwidth; and
`
`according to the variable transmission bandwidth; and
`
`the one or more reference signals.
`
`a transmitter which, in at least the one mode of
`
`transmitting, in at least the first mode of operation,
`
`operation, transmits the
`
`reference signal.
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 5
`
`US Patent 9,219,586
`
`Instant Application 15/862,429
`
`Claim 1:
`
`Claims 1 and 14:
`
`A base station apparatus, comprising:
`
`An integrated circuit to control a process, the process
`
`comprising:
`
`a setting section configured to, in at least one
`
`mapping, in at least a first mode of operation, one or
`
`mode of operation, set reference-signal
`
`mappings to each of one or more frequency
`
`resources, into which a frequency band having a
`
`transmission bandwidth is uniformly divided
`
`more reference signals to one or more frequency
`
`resources in a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the transmission bandwidth being
`
`provided between control channels mapped to both
`
`depending on a size variation of the
`
`ends ofthe system bandwidth, wherein each of the
`
`transmission bandwidth within a system
`
`one or more frequency resources is of a fixed
`
`bandwidth, wherein the transmission
`
`bandwidth and the one or more frequency resources
`
`bandwidth is provided between control
`
`are uniformly distributed in the frequency band
`
`channels mapped to both ends of the
`
`according to the variable transmission bandwidth; and
`
`
`
`system bandwidth; and
`
`a transmitting section configured to transmit
`
`control information related to the reference-
`
`signal mappings .
`
`transmitting, in at least the first mode of operation,
`
`the one or more reference signals.
`
`US Patent 8,315,642
`
`Instant Application 15/862,429
`
`Claim 1:
`
`Claims 1 and 14:
`
`An integrated circuit for controlling a radio
`
`An integrated circuit to control a process, the process
`
`communication process, the process being
`
`comprising:
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 6
`
`configurable to transmit a reference signal with
`
`a wide bandwidth without frequency hopping or
`
`to transmit the reference signal with a narrow
`
`bandwidth with frequency hopping, and the
`
`process comprising:
`
`mapping the reference signal to a frequency
`
`resource, which has the narrow bandwidth
`
`mapping, in at least a first mode of operation, one or
`
`more reference signals to one or more frequency
`
`resources in a frequency band, the frequency band
`
`
`
`that 's f' ed re ardless of ar'at'on of the
`I
`IX
`g
`V
`I
`I
`
`'de
`WI
`
`having a variable transmission bandwidth within a
`
`bandwidth in a given system bandwidth,
`
`system bandwidth, the transmission bandwidth being
`
`wherein the frequency resource is uniformly
`
`provided between control channels mapped to both
`
`dispersed in a frequency band of the wide
`
`ends ofthe system bandwidth, wherein each of the
`
`bandwidth depending on the variation of the
`
`one or more frequency resources is of a fixed
`
`wide bandwidth; and
`
`bandwndth and the one or more frequency resources
`
`are uniformly distributed in the frequency band
`
`according to the variable transmission bandwidth; and
`
`transmitting the mapped reference signal.
`
`the one or more reference signals.
`
`transmitting, in at least the first mode of operation,
`
`US Patent 8,145,231
`
`Instant Application 15/862,429
`
`Claim 1:
`
`Claims 1 and 14:
`
`A base station apparatus configurable to have a
`
`An integrated circuit to control a process, the process
`
`mobile station apparatus transmit a reference
`
`comprising:
`
`signal with a wide bandwidth without frequency
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`hopping or with a narrow bandwidth with
`
`frequency hopping, the base station apparatus
`
`Page 7
`
`comprising:
`
`a setting unit configured to set a mapping of the
`
`reference signal; a transmitting unit configured
`
`to transmit, to the mobile station apparatus,
`
`control information related to the mapping of
`
`mapping, in at least a first mode of operation, one or
`
`more reference signals to one or more frequency
`
`resources in a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the transmission bandwidth being
`
`the reference signal; and a receiving unit
`
`provided between control channels mapped to both
`
`configured to receive the reference signal,
`
`ends ofthe system bandwidth, wherein each of the
`
`the one or more reference signals.
`
`which is mapped to a frequency resource based
`
`one or more frequency resources is of a fixed
`
`on the control information and which is
`
`bandwidth and the one or more frequency resources
`
`transmitted from the mobile station apparatus,
`
`are uniformly distributed in the frequency band
`
`wherein the wide bandwidth varies in a given
`
`according to the variable transmission bandwidth; and
`
`system bandwidth, and said setting unit sets the
`
`transmitting, in at least the first mode of operation,
`
`mapping of the reference signal such that the
`
`reference signal is mapped to a frequency
`
`resource, which has the narrow bandwidth that
`
`is fixed regardless of variation of the wide
`
`bandwidth, and the frequency resource is
`
`uniformly dispersed in a frequency band of the
`
`wide bandwidth depending on the variation of
`
`the wide bandwidth.
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 8
`
`US Patent 8,125,953
`
`Instant Application 15/862,429
`
`Claim 1:
`
`Claims 1 and 14:
`
`A radio communication apparatus configurable
`
`An integrated circuit to control a process, the process
`
`to transmit a reference signal with a wide
`
`comprising:
`
`bandwidth without frequency hopping or to
`
`mapping, in at least a first mode of operation, one or
`
`transmit the reference signal with a narrow
`
`bandwidth with frequency hopping, comprising:
`
`a mapping unit configured to map the reference
`
`signal to a frequency resource, which has the
`
`more reference signals to one or more frequency
`
`resources in a frequency band, the frequency band
`
`having a variable transmission bandwidth within a
`
`system bandwidth, the transmission bandwidth being
`
`provided between control channels mapped to both
`
`narrow bandwidth that is fixed regardless of
`
`ends ofthe system bandwidth, wherein each of the
`
`variation of the wide bandwidth in a given
`
`one or more frequency resources is of a fixed
`
`system bandwidth, wherein the frequency
`
`bandwidth and the one or more frequency resources
`
`resource is uniformly dispersed in a frequency
`
`are uniformly distributed in the frequency band
`
`band of the wide bandwidth depending on the
`
`according to the variable transmission bandwidth; and
`
`the one or more reference signals.
`
`variation of the wide bandwidth; and
`
`a transmitting unit configured to transmit the
`
`mapped reference signal
`
`transmitting, in at least the first mode of operation,
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`(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
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 9
`
`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.
`
`2.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are
`
`summarized as follows:
`
`1.
`
`2.
`
`3.
`
`4.
`
`Determining the scope and contents of the prior art.
`
`Ascertaining the differences between the prior art and the claims at issue.
`
`Resolving the level of ordinary skill in the pertinent art.
`
`Considering objective evidence present in the application indicating obviousness or
`nonobviousness.
`
`3.
`
`Claim(s) 1-26 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over NPL 3GPP R1-
`
`073116 to Samsung et al. (hereinafter Samsung) in view of U.S. Pre-Grant Publication US 2009/0316811
`
`A1 to Maeda et al. (hereinafter Maeda)
`
`As to claims 1 and 14, Samsung discloses an integrated circuit to control a process, the process
`
`comprising:
`
`mapping, in at least a first mode of operation, one or more reference signals to one or more
`
`frequency resources in a frequency band, the frequency band having a variable transmission bandwidth
`
`within a system bandwidth, the transmission bandwidth being provided between control channels
`
`mapped to both ends of the system bandwidth, wherein each of the one or more frequency resources is
`
`of a fixed bandwidth and the one or more frequency resources are uniformly distributed in the
`
`frequency band according to the variable transmission bandwidth (Samsung; Section 1 and section 6
`
`discloses a uplink transmission corresponds to first mode; Fig.1-2; Section 2 and section 4 shows and
`
`discloses of mapping RS (=reference signal) to a frequency resource in a frequency band. Fig.2; section 4
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 10
`
`shows and discloses variable transmission bandwidth 1.25 MHz and 5 MHz in a system bandwidth
`
`5MHz. Fig.1 shows transmission bandwidth is between two PUCCH. Fig.2 shows frequency resources are
`
`uniformly distributed)
`
`Samsung discloses of structure of the uplink reference signal. Samsung fails to explicitly disclose
`
`of transmitting the reference signal. However, Maeda discloses
`
`transmitting, in at least the first mode of operation, the one or more reference signals (Maeda;
`
`[0433]; [0048] discloses of transmitting an sounding reference signal to the base station).
`
`It is obvious for a person of ordinary skilled in the art to combine the teachings before the filing
`
`of the invention. One would be motivated to combine the teachings in order to maintain the uplink
`
`synchronization with the base station (Maeda; [0478])
`
`
`As to claims 2 and 15 the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses the integrated circuit comprising:
`
`circuitry, which, in operation, controls the process (Maeda; Fig.3);
`
`at least one input coupled to the circuitry, wherein the at least one input, in operation, inputs
`
`data (Maeda; Fig.3 shows input in the unit 3); and
`
`at least one output coupled to the circuity, wherein the at least one output, in operation,
`
`outputs data (Maeda; Fig.3 shows output to the unit 9 from the unit 3).
`
`
`As to claims 3 and 16 the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses wherein a number of the one or more frequency resources varies according
`
`to the variable transmission bandwidth (Samsung; Fig.2-3 and section 4).
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 11
`
`
`As to claims 4 and 17 the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses the process comprising mapping, in a second mode of operation, a reference
`
`signal to a single frequency resource, the single frequency resource having a bandwidth equal to the
`
`transmission bandwidth (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 5 and 18, the rejection of claim 3 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses wherein the number of the one or more frequency resources is one
`
`(Samsung; Fig.1-2 and Sections 2-4).
`
`
`As to claims 6 and 19 the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses the process comprising receiving, in at least the first mode of operation,
`
`control information associated with the one or more frequency resources, wherein the mapping
`
`includes mapping the one or more reference signals to the one or more frequency resources based on
`
`the control information (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 7 and 20, the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses wherein the variable transmission bandwidth is equal to the system
`
`bandwidth minus a band to which the control channels are mapped (Samsung; Fig.1-2 and Sections 2-4).
`
`
`As to claims 8 and 21 the rejection of claim 3 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses wherein when the number is greater than one, the mapping includes
`
`mapping a plurality of reference signals to a plurality of frequency resources using frequency hopping to
`
`transmit a reference signal on each of the plurality of frequency resources (Samsung; Fig.1-2 and
`
`Sections 2-4).
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 12
`
`
`As to claims 9 and 22 the rejection of claim 1 as listed above is incorporated herein. In addition
`
`Samsung-Maeda discloses wherein the transmission bandwidth is one of a plurality of different
`
`transmission bandwidths (Samsung; Fig.1-2 and Sections 2-4).
`
`As to claims 10 and 23, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung-Maeda discloses wherein each of the one or more frequency resources is a unit of
`
`transmission of a reference signal (Samsung; Fig.1-2 and Sections 2-4)
`
`As to claims 11 and 24, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung-Maeda discloses wherein the one or more reference signals are one or more sounding
`
`reference signals (Samsung; Fig.1-2 and Sections 2-4)
`
`As to claims 12 and 25, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung-Maeda discloses wherein the one or more frequency resources are different time
`
`resources (Samsung; Fig.1-2 and Sections 2-4)
`
`As to claims 13 and 26, the rejection of claim 1 as listed above is incorporated herein. In
`
`addition Samsung-Maeda discloses wherein the at least one output and the at least one input, in
`
`operation, are coupled to an antenna (Maeda; Fig.3:12 shows an antenna).
`
`
`
`Application/Control Number: 15/862,429
`Art Unit: 2478
`
`Page 13
`
`Conclusion
`
`1.
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`/FAISAL CHOUDHURY/
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`Primary Examiner, Art Unit 2478
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