UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/936,779
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`03/27/2018
`
`Masanobu MURAKAMI
`
`HOKUP03 76US
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`3443
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`YANG AMY X
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`ART UNIT
`2844
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/ 14/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
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`Application No.
`15/936,779
`Examiner
`AMY x YANG
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`Applicant(s)
`MU RAKAMI et al.
`Art Unit
`AIA (FITF) Status
`2844
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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).
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`Status
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`1). Responsive to communication(s) filed on 06/18/2020.
`CI 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) D This action is non-final.
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`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.
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`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`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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`
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`[:1 Claim(s)
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`is/are allowed.
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`Claim(s) 1,8 and 15—17 is/are rejected.
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`Claim(s) 2—7 and 9—14 is/are objected to.
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`) ) ) )
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`)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentsflnit_events[pph[index.'§p or send an inquiry to PPeredhack@gsptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`is/are: a)[:| accepted or b)D objected to by the Examiner.
`11):] The drawing(s) filed on
`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).
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`Priority under 35 U.S.C. § 119
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`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)C] 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.
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`SD 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) [3 Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20201001
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`

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`Application/Control Number: 15/936,779
`Art Unit: 2844
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`Page 2
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`DETAILED ACTION
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`Response to Arguments
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`1.
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`Applicant's arguments filed 06/18/2020 have been fully considered but they are not
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`persuasive.
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`2.
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`Applicant argues that Nakamura does not disclose “resistance of the resistor is set to such
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`that, while the switching element is on, a value of a voltage across the switch unit is smaller than
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`a value of a voltage across the second light source block which causes the second light source
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`block to star lighting.” Examine respectfully disagrees.
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`3.
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`Applicant point to their specification [0050] which show that the current is not allowed to
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`flow through second light source block and that is achieved by setting the resistance of the
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`resistor is set to such that, while the switching element is on, a value of a voltage across the
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`switch unit is smaller than a value of a voltage across the second light source block which causes
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`the second light source block to start lighting.
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`4.
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`Nakamura also disclose “such that the current flowing to the second light source block 52
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`becomes substantially zero” [0062] and the resistor resistance values of resistor 424, 411 are set
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`so current specific current is caused to flow to the emitter ([0111]). Under the broadest
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`reasonable interpretation the resistance is set is broad enough to include the current mirror of 411
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`and 424 since the voltage across the switching unit is dependent on current and resistance
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`therefor since the current flowing across the switch unit( active element 41) is controlled by the
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`resistance values of resistor 424, 411 the voltage across the switching element is also controlled
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`and would have to be smaller than a value of a voltage across the second light source block
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`which causes the second light source block to start lighting so that no current goes to the second
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`block.
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`

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`Application/Control Number: 15/936,779
`Art Unit: 2844
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`Page 3
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`Claim Rejections - 35 US C § 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.
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`102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and 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
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless ,
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`(a)(l) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`otherwise available to the public before the effective filing date of the claimed invention.
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`(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.
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`7.
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`Claim(s) 1, 8, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1)/(2) as being
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`anticipated by Nakamura (US 2013/0320850 A1).
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`8.
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`Regarding claim 1, Lin discloses in Fig. 7 and 8 a lighting device for lighting an
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`illumination load in which a first light source block (5 1) including one or more first light sources
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`and a second light source block (52) including one or more second light sources are coupled in
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`series with each other, the lighting device comprising: a power conversion circuit (2) configured
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`to supply a DC load current to the illumination load; a switching circuit (4) including a switch
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`(41) unit configured to be coupled in parallel with the second light source block; and a control
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`circuit(6 and 4), wherein: the switch unit includes a series circuit of a switching element and a
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`resistor(4l and 41 l[0108]); the control circuit is configured to keep the switching element off to
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`change a state of the illumination load to a first state, the first state being a state of the
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`illumination load where the first light source block and the second light source block are lit
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`

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`Application/Control Number: l5/936,779
`Art Unit: 2844
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`Page 4
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`(when switch 41 is off both 5 l and 52 produce light [0062]);the control circuit is configured to
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`keep the switching element on to change the state of the illumination load to a second state, the
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`second state being a state of the illumination load where the first light source block is lit and the
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`second light source block is extinguished(when 41 is switched on only 5 1 produces light and 52
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`is bypassed [0062]); and a resistance of the resistor is set to such that, while the switching
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`element is on, a value of a voltage across the switch unit is smaller than a value of a voltage
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`across the second light source block which causes the second light source block to star lighting (
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`the on resistance of the active element is dependent on resistor 41 land 424 [01 l l] [0062]).
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`9.
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`Regarding claim 8, Lin discloses in Fig. 7 and 8 a lighting device according to claim 1,
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`wherein the switching element is defined as a first switching element(4l); and the switching
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`circuit further includes a second switching element coupled(425) in parallel with the second light
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`source block.
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`10.
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`Regarding claim 15, Lin discloses in Fig. 7, 8, and 23 a lighting device according to
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`claim 1, wherein the one or more first light sources and the one or more second light sources
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`each are a solid light emitting device(light emitting diodes 5 l and 52[0004], Fig. 23).
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`ll.
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`Regarding claim 16, Lin discloses in Fig. 7, 8, and 23 a vehicle headlamp comprising:
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`the lighting device according to claim 1; a lamp body where the lighting device is attached; and
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`the illumination load to be lit by the lighting device (used in headlamp [0005], fig. 23).
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`12.
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`Regarding claim 17, Lin discloses in Fig. 7 and 8 a lighting device according to claim 1,
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`vehicle comprising: the vehicle headlamp according to claim 16; and a vehicle body where the
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`vehicle headlamp is mounted (headlamp part of a vehicle [0004—5], Fig 23).
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`

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`Application/Control Number: 15/936,779
`Art Unit: 2844
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`Page 5
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`Allowable Subject Matter
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`13.
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`Claims 2-7 and 9-14 are objected to as being dependent upon a rejected base claim, but
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`would be allowable if rewritten in independent form including all of the limitations of the base
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`claim and any intervening claims.
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`Conclusion
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`14.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the mailing
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`date of this final action.
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`15.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to AMY X YANG whose telephone number is (571)270—5498. The
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`examiner can normally be reached on Monday—Friday,9am—6pm, EST.
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 15/936,779
`Art Unit: 2844
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`Page 6
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Alexander Taningco can be reached on (571)272—8048. The fax phone number for
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`the organization Where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`the automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—
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`1000.
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`/AMY X YANG/
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`Examiner, Art Unit 2844
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`/ALEXANDER H TANINGCO/
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`Supervisory Patent Examiner, Art Unit 2844
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`