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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/087,904
`
`11/03/2020
`
`Chong Soon LIM
`
`2020-2774A
`
`1017
`
`Lind& P
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`UHL,LINDSAY JANE KILE
`
`2481
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/26/2021
`
`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):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`Applicant(s)
`17/087 ,904
`LIM etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LINDSAY J UHL
`2481
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on November 30, 2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-18 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 11/3/2020 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).
`
`Priority under 35 U.S.C. § 119
`12)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date11/3/2020and9/30/2021.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211005
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`This Office Action is in response to the application filed on November 3, 2020. Claims 1-18 are
`
`pending and are examined.
`
`Notice of Pre-AlA or AIA Status
`
`2.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
`
`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.
`
`4.
`
`Claims 1, 4, 8-9, 12, and 16-18 are rejected under 35 U.S.C. 102(a) as being anticipated by U.S.
`
`Patent Publication No. 2014/0205014 (“Nakamura”).
`
`5.
`
`With respect to claim 1, Nakamura teaches:
`
`An encoderwhich encodes a video into a bitstream using a predicted image(see Fig. 1, item
`
`100), the encoder comprising:
`
`circuitry (see Fig. 1,all, 365, describing that the invention may be implemented by a
`
`computer,i.e., circuitry); and
`
`memory(see 91365, describing that the invention may be implemented by a computer
`
`executing software stored in a computer-readable recording medium which may be a
`
`memory), wherein, using the memory, thecircuitry:
`
`generatesa list which includes a plurality of candidates for a first motion vector
`
`fora first partition in the video, and in which the plurality of candidates includes a
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 3
`
`candidate which is derived from a second motion vectorof a second partition different
`
`from the first partition in the video, the list having a maximum list size and an orderof
`
`the plurality of candidates, at least one of the maximum list size or the order of the
`
`plurality of candidates being dependent on at least one of a partition size or a partition
`
`shapeof the first partition (see Abstract, Figs. 5 and 17, 1989, 115, 122-123, 129, 334,
`
`340, describing that the encoder/decoder generates a candidatelist with a plurality of
`
`motion vector candidatesfor a target block of a current frame,i.e., for a first motion
`
`vector for a first partition in the video, that these candidates include candidates
`
`derived from motion vectors of neighboring blocks in the current fame and a co-
`
`located block in a different frame,i.e., the plurality of candidates includes a candidate
`
`which is derived from a second motion vector of a second partition different from the
`
`first partition in the video, and that the number andorder of candidatesin thelistis
`
`set/limited according to the size of the prediction block of the target block,i.e., the list
`
`having a maximum list size and an order of the plurality of the candidates, maximum
`
`list size and the order of the plurality of candidates is dependent upon a partition
`
`shape/size ofthefirst partition);
`
`selects the first motion vector from the plurality of candidates includedin the list
`
`(see Figs. 12-13, 191115, 228, showing and describing that the motion vector predictor
`
`selecting unit selects the first motion vector from the plurality of candidates in the
`
`list);
`
`encodesan index indicating the first motion vector among the plurality of
`
`candidatesin the list into the bitstream based on the maximumlist size (see citations
`
`and argumentswith respect to elements above, describing that the selected/first
`
`motion vector predictor is output, i.e., encoded into the bitstream, using an index to
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 4
`
`identify it amongthe plurality of candidates into the list and that this index
`
`corresponds/is based on the maximum list size (see Fig. 12, where maximum list size is
`
`3, so the indexes outputare 0, 1, and 2)); and
`
`generates the predicted imageforthe first partition using the first motion vector
`
`(see Fig. 1, item 105, 1230-231, describing that the first/selected motion vector mvLX
`
`is then used to generatea predicted image correspondingto the target block).
`
`6.
`
`With respect to claim 3, Nakamura teaches each and every element of independentclaim 1.
`
`Nakamura additionally teaches:
`
`wherein the maximumlistsizeis a first list size when the partition sizeis a first partition
`
`size, and the maximum listsize is a secondlist size smaller than thefirstlist size when the
`
`partition size is a second partition size smaller than thefirst partition size (see citations and
`
`argumentswith respect to claim 1 above and Fig. 17, items S401-404, 99/265-266, describing
`
`that the maxlist size finalNumMVPCand maybe set to a smaller number when thesize of the
`
`prediction block is smaller).
`
`7.
`
`With respect to claim 4, Nakamura teaches each and every element of independentclaim 1.
`
`Nakamura additionally teaches:
`
`wherein the maximumlist size is dependent on the partition shape, and the partition
`
`shapeis one of a square, a rectangle, and a triangle (see citations and arguments with respect
`
`to claim 1 above, describing that the maximum list size is dependent uponthe partition shape
`
`and 4266, describing that this shape may be square, e.g., 8x8, or rectangle, e.g., 4x8).
`
`8.
`
`With respect to claim 7, Nakamura teaches each and every element of independentclaim 1.
`
`Nakamura additionally teaches:
`
`wherein the circuitry:
`
`

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`Application/Control Number: 17/087,904
`Art Unit: 2481
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`Page 5
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`encodesthe index using a first numberof bits when the maximumlist size is a
`
`first list size; and
`
`encodesthe index using a second numberofbits larger than thefirst number of
`
`bits when the maximum listsize is a second list size larger than thefirst list size (see Fig.
`
`12, 9115, showing and describing that where the maximum listsizeis, e.g., 2, 1 bit will
`
`be used to encodethe index, and that where the maximum listsizeis, e.g., 3, 2 bits
`
`will be used to encodetheindex).
`
`9.
`
`With respect to claim 8, Nakamura teaches each and every element of independentclaim 1.
`
`Nakamura additionally teaches:
`
`wherein the secondpartition is a partition which neighborsthefirst partition (see Figs. 5-
`
`8, 19128, describing that the candidatesin the list may be neighbor candidates,e.g., AO, A1,
`
`i.e., the second partition may neighborthefirst).
`
`10.
`
`With respect to claim 9, Nakamura teaches each and every element of independentclaim 1.
`
`Nakamura additionally teaches:
`
`A decoderwhich decodes a video from a bitstream using a predicted image(see Fig. 2, item
`
`200), the decoder comprising:
`
`circuitry (see Fig. 2, all, 365, describing that the invention may be implemented by a
`
`computer,i.e., circuitry), and
`
`memory(see 91365, describing that the invention may be implemented by a computer
`
`executing software stored in a computer-readable recording medium which may be a
`
`memory), wherein, using the memory, thecircuitry:
`
`generatesa list which includes a plurality of candidates for a first motion vector
`
`fora first partition in the video, and in which the plurality of candidates includes a
`
`candidate which is derived from a second motion vector of a second partition different
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 6
`
`from the first partition in the video, the list having a maximum list size and an orderof
`
`the plurality of candidates, at least one of the maximum list size or the order of the
`
`plurality of candidates being dependent on at least one of a partition size or a partition
`
`shapeof the first partition (see citations and arguments with respect to corresponding
`
`element of claim 1 above and 4]{]102, 115, 236, 241-242, 245-246, 260, 334, 340,
`
`describing that the encoder/decoder generates a candidatelist with a plurality of
`
`motion vector candidatesfor a target block of a current frame,i.e., for a first motion
`
`vector for a first partition in the video, that these candidates include candidates
`
`derived from motion vectors of neighboring blocks in the current fame and a co-
`
`located block in a different frame,i.e., the plurality of candidates includes a candidate
`
`which is derived from a second motion vector of a second partition different from the
`
`first partition in the video, and that the number andorder of candidatesin thelistis
`
`set/limited according to the size of the prediction block of the target block,i.e., the list
`
`having a maximum list size and an order of the plurality of the candidates, maximum
`
`list size and the order of the plurality of candidates is dependent upon a partition
`
`shape/size ofthefirst partition);
`
`decodesan index indicating the first motion vector among the plurality of
`
`candidates in the list from the bitstream based on the maximum listsize (see citations
`
`and argumentswith respect to corresponding element of claim 1 above and Figs. 12
`
`and 14, 49102, 104, 115, 247-248, describing that the decoding unit decodes from the
`
`bitstream a motion vector predictor index indicating a selected candidate of the
`
`candidates in the candidate list when the maximum candidate number is larger than 1,
`
`i.e., decodes an indexindicating the first motion vector amongthe plurality of
`
`candidates in thelist from the bitstream based on the maximum list size);
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 7
`
`selects the first motion vector from the plurality of candidatesin the list using
`
`the index (see citations and arguments with respect to elements above, showing and
`
`describing that the motion vector derivation unit/motion vector predictor selecting
`
`unit select the first motion vector from the plurality of candidatesin the list according
`
`to the motion vector predictor index); and
`
`generatesthe predicted imageforthe first partition using the first motion vector
`
`(see Fig. 2, item 206, 11249-250, describing that the first/selected motion vector mvLX
`
`is then used to generatea predicted image correspondingto the target block).
`
`11.
`
`With respect to claim 11, Nakamura teaches each and every element of independent claim 9.
`
`Nakamura additionally teaches:
`
`wherein the maximumlistsizeis a first list size when the partition sizeis a first partition
`
`size, and the maximum list size is a secondlist size smaller than thefirst list size when the
`
`partition size is a second partition size smaller than thefirst partition size (see citations and
`
`argumentswith respect to claim 3 above).
`
`12.
`
`With respect to claim 12, Nakamura teaches each and every elementof independent claim 9.
`
`Nakamura additionally teaches:
`
`wherein the maximumlist size is dependent upon the partition shape, and
`
`the partition shape is one of a square, a rectangle, and a triangle (see citations and
`
`argumentswith respect to claim 4 above).
`
`13.
`
`With respect to claim 15, Nakamura teaches each and every element of independent claim 9.
`
`Nakamura additionally teaches:
`
`wherein the circuitry:
`
`decodesthe index using a first numberof bits when the maximumlist size is a
`
`first list size; and
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 8
`
`decodesthe index using a second numberofbits larger than thefirst number of
`
`bits when the maximum listsize is a second list size larger than the firstlist size (see
`
`citations and argumentswith respect to claim 7 above).
`
`14.
`
`With respect to claim 16, Nakamura teaches each and every element of independent claim 9.
`
`Nakamura additionally teaches:
`
`wherein the secondpartition is a partition which neighbors thefirst partition (see
`
`citations and argumentswith respect to claim 8 above).
`
`15.
`
`With respect to claim 17, claim 17 recites the elements of claim 1 in method form rather than
`
`apparatus form. Accordingly, the disclosure recited with respect to claim 1 also applies to claim 17.
`
`16.
`
`With respect to claim 18, claim 18 recites the elements of claim 9 in method form rather than
`
`apparatus form. Accordingly, the disclosure recited with respect to claim 9 also applies to claim 18.
`
`Claim Rejections - 35 USC § 103
`
`17.
`
`Claims 2, 5-6, 10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Nakamurain view of U.S. Patent Publication No. 2019/0208201 (“Yasugi”).
`
`18.
`
`With respect to claim 2, Nakamura discloses the invention substantially as claimed. As detailed
`
`above, Nakamura teaches each and every element of independentclaim 1.
`
`19.
`
`Nakamura does not explicitly disclose wherein the maximumlistsize is a first list size when the
`
`partition size is a first partition size, and the maximum list size is a second list size larger than the firstlist
`
`size whenthe partition size is a second partition size smaller than thefirst partition size.
`
`20.
`
`However, in the same field of endeavor, Yasugi discloses:
`
`wherein the maximumlistsizeis a first list size when the partition sizeis a first partition
`
`size, and the maximum listsize is a secondlist size larger than the firstlist size when the partition
`
`size is a second partition size smaller than the first partition size (see 491554-555, describing that
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 9
`
`it was known to makelist size larger, e.g., 3, where the block/partition size is smaller, e.g.,
`
`s<8).
`
`21.
`
`As detailed above, Nakamura teachesthat the list size may be altered based on partition
`
`shape/size. Nakamura doesnot, however, provide all possible examples of such an alteration. At the
`
`time offiling, one of ordinary skill would have been familiar with the different ways thatlist size may be
`
`changed based on block shape and have understood that, as evidenced by Yasugi, knownalternatives to
`
`the examples given in Nakamura would include increasinglist size where block/partition size is very
`
`small. Accordingly, to one of ordinaryskill in the art at the time of filing, doing so, would have
`
`represented nothing more than the simple substitution of one known element for another to obtain
`
`predictable results.
`
`22.
`
`Therefore, it would have been obvious to one having ordinaryskill in the art at the time offiling
`
`to include using a larger number of candidates when the block/partition size is very small in the coding
`
`system of Nakamura as taught by Yasugi.
`
`23.
`
`With respect to claim 5, Nakamura discloses the invention substantially as claimed. As detailed
`
`above, Nakamura teaches each and every element of independentclaim 1.
`
`24.
`
`Nakamura does not explicitly disclose wherein the maximumlistsize is a first list size when the
`
`partition shapeis a triangle, and the maximumlist size is a secondlist size larger than the firstlist
`
`size when the partition shapeis not a triangle.
`
`25.
`
`However, in the same field of endeavor, Yasugi discloses:
`
`wherein the maximumlistsizeis a first list size when the partition shapeis a triangle,
`
`and the maximumlist size is a second list size larger than the first list size when the partition
`
`shapeis not a triangle (see 191430-431, describing that it was knownfor the number of
`
`candidates includedin a candidatelist to be larger when the shapeofthe block is square,i.e.,
`
`

`

`Application/Control Number: 17/087,904
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`
`Page 10
`
`not a triangle, than when it is non-square, e.g., a triangle — see also Figs. 29A-31C showing
`
`non-squaretriangle partitioning).
`
`26.
`
`As detailed above, Nakamura teachesthat the list size may be altered based on partition
`
`shape/size. Nakamura doesnot, however, provide all possible examples of such an alteration. At the
`
`time offiling, one of ordinary skill would have been familiar with the different ways thatlist size may be
`
`changed based on block shape and have understood that, as evidenced by Yasugi, knownalternatives to
`
`the examples given in Nakamura would include using a larger number of candidates when the shape of
`
`the block is square than whenthe shape of the block is non-square OR using a smaller number
`
`candidates when the shapeof the block is square and a larger number of candidates when the shape of
`
`the block is non-square. Accordingly, to one of ordinary skill in the art at the time of filing, doing so,
`
`would have represented nothing more than the simple substitution of one known elementfor another
`
`to obtain predictable results.
`
`27.
`
`Therefore, it would have been obvious to one having ordinaryskill in the art at the time offiling
`
`to include using a larger number of candidates when the shape of the block is square than when the
`
`shapeof the block is non-square OR using a smaller number candidates when the shape of the block is
`
`square and a larger numberof candidates when the shape of the block is non-square in the coding
`
`system of Nakamura as taught by Yasugi.
`
`28.
`
`With respect to claim 6, Nakamura discloses the invention substantially as claimed. As detailed
`
`above, Nakamura teaches each and every element of independentclaim 1.
`
`29.
`
`Nakamura does not explicitly disclose wherein the maximumlistsizeis a first list size when the
`
`partition shape is a square, and the maximum list size is a second list size larger than thefirstlist
`
`size whenthe partition shape is not a square.
`
`30.
`
`However, in the same field of endeavor, Yasugi discloses:
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 11
`
`wherein the maximumlistsizeis a first list size when the partition shape is a square,
`
`and the maximumlist size is a second list size larger than thefirst list size when the partition
`
`shape is not a square (see 911430, 432, describing that it was known for the number of
`
`candidates includedin a candidatelist to be larger when the shapeof the block is not a
`
`square, e.g., is a rectangle, than when it is square).
`
`31.
`
`32.
`
`The reasons for combining the cited prior art with respect to claim 5 also apply to claim 6.
`
`With respect to claim 10, as detailed above, Nakamura teaches each and every element of
`
`independent claim 9. Nakamura in view of Yasugi disclosesall the elements of dependentclaim 2, the
`
`combination of which is incorporated herein. Nakamura/Yasugi additionally teaches:
`
`wherein the maximumlistsizeis a first list size when the partition sizeis a first partition
`
`size, and the maximum list size is a secondlist size larger than the firstlist size when the partition
`
`size is a second partition size smaller than the first partition (see citations and arguments with
`
`respect to claim 2 above).
`
`33.
`
`34.
`
`The reasons for combining the cited prior art with respect to claim 2 also apply to claim 10.
`
`With respect to claim 13, as detailed above, Nakamura teaches each and every element of
`
`independent claim 9. Nakamura in view of Yasugi disclosesall the elements of dependentclaim 2, the
`
`combination of which is incorporated herein. Nakamura/Yasugi additionally teaches:
`
`wherein the maximumlistsizeis a first list size when the partition shapeis a triangle,
`
`and the maximumlist size is a second list size larger than thefirstlist size when the partition
`
`shapeis not a triangle (see citations and arguments with respect to claim 5 above).
`
`35.
`
`36.
`
`The reasons for combining the cited prior art with respect to claim 5 also apply to claim 13.
`
`With respect to claim 14, as detailed above, Nakamura teaches each and every element of
`
`independent claim 9. Nakamura in view of Yasugi disclosesall the elements of dependentclaim 2, the
`
`combination of which is incorporated herein. Nakamura/Yasugi additionally teaches:
`
`

`

`Application/Control Number: 17/087,904
`Art Unit: 2481
`
`Page 12
`
`wherein the maximumlistsizeis a first list size when the partition shape is a square, and
`
`the maximumlist size is a secondlist size larger than thefirst list size when the partition
`
`shape is not a square(see citations and arguments with respectto claim 6 above).
`
`37.
`
`The reasons for combining the cited prior art with respect to claim 6 also apply to claim 14.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to LINDSAY JANE KILE UHL whose telephone numberis (571)270-0337. The examiner
`
`can normally be reached on 8:30 AM-5:00 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`William Vaughn can be reached on (571)272-3922. The fax phone numberfor the organization where
`
`this application or proceedingis assigned is 571-273-8300.
`
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`
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA)or 571-272-1000.
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`/LINDSAY J UHL/
`Examiner, Art Unit 2481
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