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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`16/073,553
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`07/27/2018
`
`Peter KLENNER
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`2018-1192A
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`6177
`
`Wenderoth, L1nd & Ponack, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DC 20005
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`DUBASKY' GIGIL
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`PAPER NUMBER
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`ART UNIT
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`2421
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/01/2019
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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):
`eoa @ wenderoth. com
`kmiller @ wenderoth.com
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`16/073,553
`Examiner
`GIGI L DU BASKY
`
`Applicant(s)
`KLENNER etal.
`Art Unit
`AIA (FITF) Status
`2421
`Yes
`
`- 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 27 July 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`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 Expat/7e 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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`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.
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`) ) ) )
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`6 7
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`8
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`
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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
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`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.
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`Application Papers
`10). The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 27 July 2018 is/are: a). accepted or b)[:] 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).
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`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:
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`a). All
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`b)D Some**
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`C)D 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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`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)).
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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)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] 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 20190326
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 2
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`DETAILED ACTION
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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
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`under the first inventor to file provisions of the AIA.
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`2.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`Information Disclosure Statement
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`3.
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`The information disclosure statement (IDS) submitted on 07/27/2018 was filed on
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`or after the effective filing date of the instant application on 07/27/2018. The submission
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`is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information
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`disclosure statement is being considered by the examiner.
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`Specification
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`4.
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed.
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 3
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`Claim Objections
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`5.
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`Claims 2-4 are objected to because of the following informalities:
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`Claims 2-4 recite limitations of “MPEG-DASH” and “MPD” which are acronyms
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`without describing its definition earlier in the claims.
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`Appropriate corrections are required.
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`Claim Rejections - 35 USC § 102
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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
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`form the 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)(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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`Claims 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
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`Huysegems et al (US 2017/0238040).
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`Regarding claim 1, Huysegems discloses a client (client 4 in Figure 5) which
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`receives streaming data according to Moving Picture Experts Group-Dynamic Adaptive
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`Streaming over HTTP (MPEG-DASH) standard (Figures 2A-2B; and 1] [0004]), the client
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`comprising:
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`a transmitter which transmits a Media Presentation Description (MPD) request or
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`a segment request to a server (see step A in Figures 2A-2B and 1] [0062] for sending
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`request A for a manifest file; and 1] [0004] for HAS implemented system includes
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 4
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`streaming data according to MPEG-DASH standard in which manifest file is so-called
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`Media Presentation Description (MPD)); and
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`a receiver which receives an MPD specified in the MPD request and a segment
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`specified in the segment request, wherein the MPD request contains information
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`requesting transmission of an initialization segment by a push, and the receiver receives
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`the initialization segment transmitted by the push (Figures 2A-2B and 1] [0062]-[0063]
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`for receiving manifest file B (MPD) specified in a manifest file and a pushing first
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`segment).
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`Regarding claim 2, Huysegems discloses a server (server 2 in Figure 5) which
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`transmits streaming data according to MPEG-DASH standard (Figures 2A-2B and 1]
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`[0004]), the server comprising:
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`a receiver which receives an MPD request or a segment request from a client
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`(see 8102 in Figures 6-7; step A in Figures 2A-2B and 1] [0062] for receiving request for
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`a manifest file; and 1] [0004] for HAS implemented system includes streaming data
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`according to MPEG-DASH standard in which manifest file is so-called Media
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`Presentation Description (MPD)); and
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`a transmitter which transmits, by a push, an MPD specified in the MPD request
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`and a segment specified in the segment request to the client, the MPD request and the
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`segment request being received by the receiver, wherein the MPD request contains
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`information requesting transmission of an initialization segment by the push, and the
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`transmitter transmits the initialization segment by the push (Figures 2A-2B; see 8104
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 5
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`and S106 in Figures 6-7 and 11 [0062]—[0063] for transmitting manifest file B (MPD)
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`specified in a manifest file and a pushing first segment 1).
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`Regarding claims 3-4, all limitations of claims 3-4 are analyzed and rejected
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`corresponding to the functionalities of claims 1-2 respectively.
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`Conclusion
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`8.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to GIGI L DUBASKY whose telephone number is
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`(571)270-5686. The examiner can normally be reached on M-F 9:00-5:00.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Nathan Flynn can be reached on 571-272—1915. 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
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 6
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
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`/G|Gl L DUBASKY/
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`Primary Examiner, Art Unit 2421
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`