UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/772,505
`
`04/30/2018
`
`Tetsuya Yamamoto
`
`733456.565USPC
`
`1444
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`KOETH' MICHELLE M
`
`ART UNIT
`
`2658
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/01/2019
`
`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.
`15/772,505
`Examiner
`MICHELLE M KOETH
`
`Applicant(s)
`Yamamoto et al.
`Art Unit
`AIA (FITF) Status
`2658
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 4/29/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`12,15—18,23 and 26—29 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) 12,15—18,23 and 26—29 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). All
`
`b)I:I Some**
`
`c)C] None of the:
`
`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)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190626
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Response to Arguments
`
`2.
`
`Applicant’s arguments and amendments in the Amendment filed April 29, 2019
`
`(herein “Amendment”), with respect to the rejection(s) of claim(s) 16 and 27, and claims
`
`depending therefrom under 35 U.S.C. 103 have been fully considered and are
`
`persuasive. Therefore, the rejection has been withdrawn. However, upon further
`
`consideration, a new ground(s) of rejection is made in view of Yi et al., US
`
`2018/0367185 A1.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`4.
`
`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
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 3
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`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
`
`5.
`
`Claims 12, 16, 17, 18, 23, and 27-29 are rejected under 35 U.S.C. 102(a)(2)
`
`as being anticipated Yi et al., (US 2018/0367185 A1 (herein “Yi”).
`
`6.
`
`Regarding claim 12, Yi teaches wherein the transmitter transmits a CSI
`
`(Channel State Information) signal in the first narrowband and the second narrowband
`
`(Yi paras. [0032] and [0052], table 1, PUCCH includes a channel quality indicator
`
`indicating the state of the channel (thus channel state information), and PUSCH
`
`includes UL data which can also include the channel quality indicator, and where in row
`
`5 of table 1, the PUCCH is in subframe n-1 (first narrowband) and the PUSCH is in
`
`subframe n (second narrowband)).
`
`7.
`
`Regarding claim 16, Yi teaches a communication terminal comprising (Yi paras.
`
`[0099] and [0101], UE as part of wireless communication system including a
`
`transceiver) :
`
`a controller (Yi para. [0101], processor 910 which is configured to implement the
`
`functions disclosed), which in operation, sets a retuning time (Yi para. [0044], retuning
`
`gap determined between transmissions), when retuning from a first narrowband (Yi
`
`para. [0041], as used in the disclosure, reference to MTC UE is meant to include a
`
`narrowband UE, thus transmissions being narrowband) for transmitting a first subframe
`
`to a second narrowband (Yi para. [0041], as used in the disclosure, reference to MTC
`
`UE is meant to include a narrowband UE, thus transmissions being narrowband)
`
`different from the first narrowband for transmitting a second subframe that is
`
`consecutive to the first subframe along a time axis (Yi para. [0045], fig. 6, in frequency
`
`hopping disclosed, each subframe, also consecutive subframes (in time direction as
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 4
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`shown), are transmitted in different narrowband frequencies, also see para. [0051] and
`
`table 1, where when frequency hopping occurs (i.e. different narrowbands for
`
`consecutive subframes) the retuning is considered between a subframe n-1 and
`
`subframe n (thus consecutive subframes) where the frequency (narrowband) change
`
`occurs in subframe n), wherein,
`
`when the first narrowband carries a PUCCH (Physical Uplink Control Channel) to
`
`transmit an ACK/NACK (Acknowledgement/Negative Acknowledgement) signal (Yi
`
`para. [0032], ACK/NACK is included in a transmitted PUCCH) and the second
`
`narrowband carries a PUSCH (Physical Uplink Shared Channel) to transmit uplink data
`
`(Yi para. [0032], data block for the uplink is in a transmitted PUSCH), the controller sets
`
`first two symbols of the second subframe as the retuning time (Yi para. [0051], table 1,
`
`frequency retuning at subframe n, where in table 1, row 5 describes this claimed
`
`situation — subframe n-1 is a PUCCH (first narrowband in frequency hopping situation
`
`where the frequency is hopped in subframe n), and subframe n is a PUSCH, and in this
`
`situation, the handling is that the first two symbols are punctured from subframe n
`
`(second subframe) for retuning), and
`
`when the first narrowband carries the PUSCH to transmit uplink data (Yi para.
`
`[0032], data block for the uplink is in a transmitted PUSCH) and the second narrowband
`
`carries the PUCCH to transmit an ACK/NACK signal (Yi para. [0032], ACK/NACK is
`
`included in a transmitted PUCCH), the controller sets last two symbols of the first
`
`subframe as the retuning time (Yi para. [0051], table 1, looking at row 1, subframe n-1 is
`
`a PUSCH (first narrowband in frequency hopping situation where the frequency is
`
`hopped in subframe n), and subframe n is a PUCCH, and in this situation, the handling
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 5
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`is that the last two symbols are punctured from subframe n (second subframe) for
`
`retuning);
`
`and a transmitter (Yi para. [0101], transceiver 930), which is coupled to the
`
`controller (Yi fig. 10, as shown, the transceiver 930 is connected (coupled) to the
`
`processor 910) and which, in operation, transmits the uplink data on the PUSCH and
`
`the ACK/NACK signal on the PUCCH (Yi para. [0032], UL control information
`
`transmitted on the PUCCH includes an ACK/NACK, and UL data transmitted on PUSCH
`
`includes a data block, where para. [0044] teaches the UE transmits on the PUSCH and
`
`PUCCH).
`
`8.
`
`Regarding claim 17, Yi teaches wherein the controller retunes from the first
`
`narrowband to the second narrowband using frequency hopping (Yi para. [0051] the
`
`frequency tuning is when frequency hopping needs to occur, as set forth in table 1,
`
`where fig. 6 illustrates the hopping between different narrowbands).
`
`9.
`
`Regarding claims 18 and 29, Yi teaches wherein the first narrowband and the
`
`second narrowband are set for MTC (Machine Type Communication) terminals (Yi para.
`
`[0041], UE as referred to within the disclosure is a MTC UE (terminal) using
`
`narrowbands).
`
`10.
`
`Regarding claim 23, Yi teaches comprising transmitting a CSI (channel state
`
`information) signal in the first narrowband and the second narrowband (Yi paras. [0032]
`
`and [0052], table 1, PUCCH includes a channel quality indicator indicating the state of
`
`the channel (thus channel state information), and PUSCH includes UL data which can
`
`also include the channel quality indicator, and where in row 5 of table 1, the PUCCH is
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 6
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`in subframe n-1 (first narrowband) and the PUSCH is in subframe n (second
`
`narrowband)).
`
`11.
`
`Regarding claim 27, Yi teaches a transmission method comprising (Yi Abstract,
`
`method for transmitting a PUCCH channel by a UE):
`
`setting a retuning time (Yi para. [0044], retuning gap determined between
`
`transmissions), when retuning from a first narrowband (Yi para. [0041], as used in the
`
`disclosure, reference to MTC UE is meant to include a narrowband UE, thus
`
`transmissions being narrowband) for transmitting a first subframe to a second
`
`narrowband (Yi para. [0041], as used in the disclosure, reference to MTC UE is meant
`
`to include a narrowband UE, thus transmissions being narrowband) different from the
`
`first narrowband for transmitting a second subframe that is consecutive to the first
`
`subframe along a time axis (Yi para. [0045], fig. 6, in frequency hopping disclosed, each
`
`subframe, also consecutive subframes (in time direction as shown), are transmitted in
`
`different narrowband frequencies, also see para. [0051] and table 1, where when
`
`frequency hopping occurs (i. e. different narrowbands for consecutive subframes) the
`
`retuning is considered between a subframe n-1 and subframe n (thus consecutive
`
`subframes) where the frequency (narrowband) change occurs in subframe n), wherein,
`
`when the first narrowband carries a PUCCH (Physical Uplink Control Channel) to
`
`transmit an ACK/NACK (Acknowledgement/Negative Acknowledgement) signal (Yi
`
`para. [0032], ACK/NACK is included in a transmitted PUCCH) and the second
`
`narrowband carries a PUSCH (Physical Uplink Shared Channel) to transmit uplink data
`
`(Yi para. [0032], data block for the uplink is in a transmitted PUSCH), first two symbols
`
`of the second subframe are set as the retuning time (Yi para. [0051], table 1, frequency
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 7
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`retuning at subframe n, where in table 1, row 5 describes this claimed situation —
`
`subframe n-1 is a PUCCH (first narrowband in frequency hopping situation where the
`
`frequency is hopped in subframe n), and subframe n is a PUSCH, and in this situation,
`
`the handling is that the first two symbols are punctured from subframe n (second
`
`subframe) for retuning), and
`
`when the first narrowband carries the PUSCH to transmit uplink data (Yi para.
`
`[0032], data block for the uplink is in a transmitted PUSCH) and the second narrowband
`
`carries the PUCCH to transmit an ACK/NACK signal (Yi para. [0032], ACK/NACK is
`
`included in a transmitted PUCCH), last two symbols of the first subframe are set as the
`
`retuning time (Yi para. [0051], table 1, looking at row 1, subframe n-1 is a PUSCH (first
`
`narrowband in frequency hopping situation where the frequency is hopped in subframe
`
`n), and subframe n is a PUCCH, and in this situation, the handling is that the last two
`
`symbols are punctured from subframe n (second subframe) for retuning);
`
`and transmitting the uplink data on the PUSCH and the ACK/NACK signal on the
`
`PUCCH (Yi para. [0032], UL control information transmitted on the PUCCH includes an
`
`ACK/NACK, and UL data transmitted on PUSCH includes a data block, where para.
`
`[0044] teaches the UE transmits on the PUSCH and PUCCH).
`
`12.
`
`Regarding claim 28, Yi teaches comprising retuning from the first narrowband to
`
`the second narrowband using frequency hopping (Yi para. [0051] the frequency tuning
`
`is when frequency hopping needs to occur, as set forth in table 1, where fig. 6 illustrates
`
`the hopping between different narrowbands).
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 8
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`Claim Rejections - 35 USC § 103
`
`13.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`14.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior art are such that the claimed invention as a whole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall not be
`negated by the manner in which the invention was made.
`
`15.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`16.
`
`Claims 15 and 26 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Yi, as set forth above regarding claim 16 from which claim 15 depends, and
`
`as set forth above regarding claim 27 from which claim 26 depends, further in
`
`view of Oketani (US 2018/0262295 A1, herein “Oketani”).
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 9
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`17.
`
`Regarding claim 15, Yi teaches wherein, when retuning from the first
`
`narrowband for transmitting a third subframe to the second narrowband different from
`
`the first narrowband for transmitting a fourth subframe that is consecutive to the third
`
`subframe along the time axis (Yi fig. 6, para. [0051], considering a next frequency hop in
`
`time, where in a frequency hop, the narrowband changes (thus different sequentially),
`
`the retuning is handles as set forth in table 1), the transmitter using a shortened PUCCH
`
`format (Yi para. [0052], shortened PUCCH is used in the frequency hopping), transmits
`
`the ACK/NACK signal mapped to the third subframe (Yi para. [0032], ACK/NACK is
`
`included in a transmitted PUCCH, which table 1 of para. [0051] teaches can be the n-1
`
`subframe consecutive to a n subframe wherein the frequency change occurs), and
`
`transmits the ACK/NACK signal mapped to the fourth subframe in symbols other than
`
`the first symbol of the fourth subframe (Yi paras. [0051] and [0052], when subframe n-1
`
`is PUCCH and subframe n is PUCCH also, according to row 6 of table 1, then end-
`
`shortened PUCCH is used for subframe n-1 and start-shortened PUCCH is used for
`
`subframe n, except for 3 CE mode B Where the first symbol from subframe n is
`
`punctured, thus not used, thus the ACK/NACK transmitted on the PUCCH being
`
`mapped to symbols other than the first symbol).
`
`Yi does not explicitly teach spreads an ACK/NACK signal.
`
`Oketani teaches spreads an ACK/NACK signal (Oketani para. [0052], UE has a
`
`spreading rate at which it spreads ACK/NA CK symbols (signal)).
`
`Therefore, taking the teachings of Yi and Oketani together as a whole, it would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to have modified the retuning handling disclosed in Yi to include the
`
`

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`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 10
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`ACK/NACK spreading taught in Oketani at least because doing so would allow for an
`
`adjustment in the number of ACK/NACK bits that a UE transmits per unit time such as a
`
`subframe (Oketani para. [0023]).
`
`18.
`
`Regarding claim 26, Yi teaches comprising, when retuning from the first
`
`narrowband for transmitting a third subframe to the second narrowband different from
`
`the first narrowband for transmitting a fourth subframe that is consecutive to the third
`
`subframe along the time axis (Yi fig. 6, para. [0051], considering a next frequency hop in
`
`time, where in a frequency hop, the narrowband changes (thus different sequentially),
`
`the retuning is handles as set forth in table 1), using a shortened PUCCH format (Yi
`
`para. [0052], shortened PUCCH is used in the frequency hopping), transmitting the
`
`ACK/NACK signal mapped to the third subframe (Yi para. [0032], ACK/NACK is
`
`included in a transmitted PUCCH, which table 1 of para. [0051] teaches can be the n-1
`
`subframe consecutive to a n subframe wherein the frequency change occurs), and
`
`transmitting the ACK/NACK signal mapped to the fourth subframe in symbols other than
`
`the first symbol of the fourth subframe (Yi paras. [0051] and [0052], when subframe n-1
`
`is PUCCH and subframe n is PUCCH also, according to row 6 of table 1, then end-
`
`shortened PUCCH is used for subframe n-1 and start-shortened PUCCH is used for
`
`subframe n, except for a CE mode B where the first symbol from subframe n is
`
`punctured, thus not used, thus the ACK/NACK transmitted on the PUCCH being
`
`mapped to symbols other than the first symbol).
`
`Yi does not explicitly teach spreading an ACK/NACK signal.
`
`Oketani teaches spreading an ACK/NACK signal (Oketani para. [0052], UE has a
`
`spreading rate at which it spreads ACK/NA CK symbols (signal)).
`
`

`

`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 11
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`Therefore, taking the teachings of Yi and Oketani together as a whole, it would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to have modified the retuning handling disclosed in Yi to include the
`
`ACK/NACK spreading taught in Oketani at least because doing so would allow for an
`
`adjustment in the number of ACK/NACK bits that a UE transmits per unit time such as a
`
`subframe (Oketani para. [0023]).
`
`Conclusion
`
`19.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`20.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHELLE M KOETH whose telephone number is
`
`

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`Application/Control Number: 15/772,505
`Art Unit: 2658
`
`Page 12
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`(571)272-5908. The examiner can normally be reached on M-Th, and every other
`
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`
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`
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`
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`
`supervisor, Richemond Dorvil can be reached on 571-272-7602. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571 -
`
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`
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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 571-272-1000.
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`/MICHELLE M KOETH/
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`Primary Examiner, Art Unit 2658
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