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
`
`16/223,537
`
`12/18/2018
`
`Yoshio OHTSUKA
`
`PANDP0317US
`
`7755
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
`
`TRAN L01 H
`
`ART UNIT
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/26/2020
`
`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
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`following e—mail address(es):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/223,537
`Examiner
`LOI H TRAN
`
`Applicant(s)
`OHTSUKA, Yoshio
`Art Unit
`AIA (FITF) Status
`2484
`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 02/03/2020.
`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.
`
`2b) D 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
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`1 and 3—9 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.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1 and 3—9 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] 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).
`
`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:] Some**
`
`c)l:i None of the:
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`1C] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D 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) [3 Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 03/10/2020.
`U.S. Patent and Trademark Office
`
`3) E] 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 20200302
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined under
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`the first inventor to file provisions of the AIA.
`
`2.
`
`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
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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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`Claim 2 is cancelled.
`
`Claims 1, and 3-9 are pending and have been examined.
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`Response to Arguments
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`3.
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`Applicant's arguments with respect to the rejections of claims 1, and 3-9 have been
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`considered but are moot in view of the new ground of rejection.
`
`Regarding claim 1, Applicant argues that Yliaho does not teach when the number
`
`of channels is set to four, the control unit is configured also to carry out (i), the control
`
`unit, according to a second format different from the first format, records sound data
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`generated based on the selected sound signals for four channels, respectively, on four
`
`sound tracks included in a video file so that each piece of the sound data for one channel
`
`is allocated to a corresponding one of the sound tracks.
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 3
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`Examiner respectfully disagree, Yliaho discloses when the number of channels is
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`set to four, the control unit is configured also to carry out (i), the control unit, according to
`
`a second format different from the first format, records sound data generated based on
`
`the selected sound signals for four channels, respectively, on four sound tracks included
`
`in a video file so that each piece of the sound data for one channel is allocated to a
`
`corresponding one of the sound tracks (Yliaho, para. 0259, the surround sound track
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`output can be generated by recording or capture a stereo track and outputting the two
`
`channels as the front channels of the multichannel system, for example recording stereo
`
`channels and using these as the 5.1 track front channels, i. e., left front channel and right
`
`front channel; the surround sound track output can be generated by recording or capture
`
`a mono track and outputting the single channel as the centre channel of the multichannel
`
`system, for example recording a mono channel and using this as the 5.1 centre channel;
`
`the surround sound track output can be generated by not recording or recording silence
`
`and outputting the silence as the multichannel output, i.e., rear left channel and rear right
`
`channel, for example outputting 5. 1 channels of no signal or silence. Therefore each piece
`
`of the sound data for each channel of at least 4 channels is allocated to a corresponding
`
`one of the sound tracks).
`
`In addition to performing (i) as described above, it is obvious that control unit can
`
`also carry out (ii): the control unit, according to the first format, records first sound data
`
`generated based on one set of sound signals for two channels selected out of sets of the
`
`selected sound signals for four channels, on one sound track included in a video file, and,
`
`according to a third format different from the first format, records also second sound data
`
`generated based on an other set of sound signals for remaining two channels selected
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 4
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`out of the sets of the selected sound signals for four channels, in a sound file (Yliaho,
`
`para’s 0005-0009, as described above, receiving at least two output audio signal tracks
`
`and generating at least one combined output audio signal track; it is obvious that the
`
`system can receive four output audio signal tracks and generating two combined output
`
`audio signal tracks, one for the selected two channels, and another for the remaining two
`
`channels; para. 0014, a camera configured to generate a video format signal, wherein the
`
`file processor configured to link the at least two output audio signal tracks within a file
`
`structure may be configured to generate a data structure linking the at least two output
`
`audio signal tracks with the video format signal).
`
`Response to Amendment
`
`Claim Objection
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`4.
`
`Claims 6-8 which depend on a cancelled claim should be cancelled.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The text of those sections of Title 35, U.S. Code not included in this section can
`
`be found in a prior Office action.
`
`6.
`
`Claims 1, 3, 4, 6, 7, and 9 are rejected under AIA 35 U.S.C. 103 as being
`
`unpatenetable over Yliaho et al. (US Publication 2015/0317981, hereinafter Yliaho).
`
`Regarding claim 1, Yliaho discloses an imaging apparatus comprising:
`
`a setting unit that accepts setting of a number of channels for sound signals to be
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`recorded (Yliaho, figs 8-9, and 15, para’s 0044 and 0056, selecting a number of
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`channels);
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`Page 5
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`a selector that selects the sound signals having the number of channels (Yliaho,
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`fig. 3, 8-9, para ’3 01 15-0143, a unit for selecting audio signals with a number of channels);
`
`and
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`a control unit that controls recording of the selected sound signals, wherein the
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`control unit is configured to operate at time of recording the sound signals, such that;
`
`when the number of channels is set to two, the control unit, according to a first format,
`
`records sound data generated based on the selected sound signals for two channels, on
`
`one sound track included in a video file (Y/iaho, para’s 0005-0009, a unit for receiving at
`
`least two output audio signal tracks and generating at least one combined output audio
`
`signal track; para. 0014, a camera configured to generate a video format signal, wherein
`
`the file processor configured to link the at least two output audio signal tracks within a file
`
`structure may be configured to generate a data structure linking the at least two output
`
`audio signal tracks with the video format signal), and wherein the control unit is configured
`
`also to carry out, at time of recording the sound signals, any one of the following
`
`operations (i) to (iii) when the number of channels is set to four:
`
`(i) the control unit, according to a second format different from the first format,
`
`records sound data generated based on the selected sound signals for four channels,
`
`respectively, on four sound tracks included in a video file so that each piece of the sound
`
`data for one channel is allocated to a corresponding one of the sound tracks (Yliaho, para.
`
`0259, the surround sound track output can be generated by recording or capture a stereo
`
`track and outputting the two channels as the front channels of the multichannel system,
`
`for example recording stereo channels and using these as the 5.1 track front channels,
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 6
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`i.e., left front channel and right front channel; the surround sound track output can be
`
`generated by recording or capture a mono track and outputting the single channel as the
`
`centre channel of the multichannel system, for example recording a mono channel and
`
`using this as the 5.1 centre channel; the surround sound track output can be generated
`
`by not recording or recording silence and outputting the silence as the multichannel
`
`output, i. e., rear left channel and rear right channel, for example outputting 5.1 channels
`
`of no signal or silence. Therefore each piece of the sound data for each channel of at
`
`least 4 channels is allocated to a corresponding one of the sound tracks);
`
`(ii) the control unit, according to the first format, records first sound data generated
`
`based on one set of sound signals for two channels selected out of sets of the selected
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`sound signals for four channels, on one sound track included in a video file, and,
`
`according to a third format different from the first format, records also second sound data
`
`generated based on an other set of sound signals for remaining two channels selected
`
`out of the sets of the selected sound signals for four channels, in a sound file (Yliaho,
`
`para’s 0005-0009, as described above, receiving at least two output audio signal tracks
`
`and generating at least one combined output audio signal track; it is obvious that the
`
`system can receive four output audio signal tracks and generating two combined output
`
`audio signal tracks, one for the selected two channels, and another for the remaining two
`
`channels; para. 0014, a camera configured to generate a video format signal, wherein the
`
`file processor configured to link the at least two output audio signal tracks within a file
`
`structure may be configured to generate a data structure linking the at least two output
`
`audio signal tracks with the video format signal); and
`
`(iii)
`
`the control unit, according to the first format, records third sound data
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 7
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`generated based on one set of sound signals for two channels selected out of sets of the
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`selected sound signals for four channels, in a first video file such that the third sound data
`
`is associated with first image data, and, according to a fourth format different from the
`
`first format, records also fourth sound data generated based on an other set of sound
`
`signal for remaining two channels selected out of the sets of the selected sound signals
`
`for four channels, in a second video file such that, the fourth sound data is associated
`
`with second image data different from the first image data.
`
`Regarding claim 3, Yliaho discloses the imaging apparatus according to claim 1,
`
`wherein the selector includes an analog-to-digital
`
`(A/D) converter that subjects the
`
`selected sound signals to A/D conversion (Yliaho, fig. 1, A/D converter 14).
`
`Regarding claim 4, Yliaho discloses the imaging apparatus according to claim 1,
`
`further comprising at least one of:
`
`a first microphone that receives incoming sounds to output first sound signals;
`
`a first input terminal configured to receive incoming second sound signals from a
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`second microphone; and
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`a second input terminal configured to receive incoming third sound signals from a
`
`third microphone, wherein the sound signals include at least any one set of the first sound
`
`signals, the second sound signals, and the third sound signals (Yliaho, fig. 1, para’s 0005-
`
`0009, a unit for receiving from at least two microphones at least two audio signals, i. e.,
`
`receiving three audio signals from three microphones, generating separate output audio
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`signal tracks, i. e., four separate audio signal tracks, from the received four audio signals;
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 8
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`microphone A/D interface as shown in fig. 1 indicates first input terminal and second input
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`terminal for receiving incoming second audio signal and incoming third audio signal).
`
`Regarding claim 6, Yliaho discloses the imaging apparatus according to claim 2,
`
`wherein the selector includes an analog-to-digital
`
`(A/D) converter that subjects the
`
`selected sound signals to A/D conversion (Yliaho, fig. 1, A/D converter 14).
`
`Regarding claim 7, Yliaho discloses the imaging apparatus according to claim 2,
`
`further comprising at least one of:
`
`a first microphone that receives incoming sounds to output first sound signals;
`
`a first input terminal configured to receive incoming d sound signals from a second
`
`microphone; and
`
`a second input terminal configured to receive incoming third sound signals from a
`
`third microphone, wherein the sound signals include at least any one set of the first sound
`
`signals, the second sound signals, and the third sound signals (Yliaho, fig. 1, para’s 0005-
`
`0009, a unit for receiving from at least two microphones at least two audio signals, i. e.,
`
`receiving three audio signals from three microphones, generating separate output audio
`
`signal tracks, i. e., four separate audio signal tracks, from the received four audio signals;
`
`microphone A/D interface as shown in fig. 1 indicates first input terminal and second input
`
`terminal for receiving incoming second audio signal and incoming third audio signal).
`
`Regarding claim 9, Yliaho discloses the imaging apparatus according to claim 1,
`
`further comprising:
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 9
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`a first microphone that receives incoming sounds to output first sound signals;
`
`a first input terminal configured to receive incoming second sound signals from a
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`second microphone; and
`
`a second input terminal configured to receive incoming third sound signals from a
`
`third microphone, wherein the control unit is configured to operate such that when the
`
`number of channels is set to four, the control unit, according to the second format, records
`
`the sound data generated based on the selected sound signals for four channels,
`
`respectively, on the four sound tracks included in the video file so that each piece of sound
`
`data for one channel is allocated to a corresponding to one of the sound tracks (Yliaho,
`
`para’s 0005-0009, a unit for receiving from at least two microphones at least two audio
`
`signals, i. e., receiving four audio signals, generating separate output audio signal tracks,
`
`i. e., four separate audio signal tracks, from the received four audio signals), and wherein
`
`the sound signals are either a combination of the first sound signals and second signals
`
`or a combination of the second sound signals and the third sound signals, the combination
`
`being selected by the selector (Yliaho, fig’s 3, 8-9, para’s 0005-0009, para’s 0115-0143
`
`a unit for receiving at least two output audio signal tracks, selecting the audio signals,
`
`and generating at least one combined output audio signal track).
`
`7.
`
`Claims 5 and 8 are rejected under AIA 35 U.S.C. 103 as being unpatentable
`
`over Yliaho, as applied to claims 4 and 7 above, in view of Heinrich et al. (US
`
`Publication 2017/0180860, hereinafter Heinrich).
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 10
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`Regarding claim 5, Yliaho discloses the imaging apparatus according to claim 4,
`
`wherein the first microphone is placed inside the imaging apparatus (see Yliaho, fig. 2,
`
`mic is located inside the device).
`
`Yliaho does not explicitly disclose the first input terminal is a hot shoe configured
`
`to connect to an external accessory
`
`Heinrich discloses the first input terminal is a hot shoe configured to connect to an
`
`external accessory (Heinrich, para. 0035, securing a microphone to a hot-shoe adapter
`
`of an imaging device).
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention to incorporate Heinrich teachings of securing a
`
`microphone to a hot-shoe adapter of an imaging device into Yliaho’s invention for
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`reducing the risk of picking up vibration noises caused by movement of the imaging
`
`device.
`
`Examiner's notes
`
`The referenced citations made in the rejection(s) above are intended to exemplify
`
`areas in the prior art document(s) in which the examiner believed are the most relevant
`
`to the claimed subject matter. However, it is incumbent upon the applicant to analyze the
`
`prior art document(s) in its/their entirety since other areas of the document(s) may be
`
`relied upon at a later time to substantiate examiner's rationale of record. A prior art
`
`reference must be considered in its entirety, i.e., as a whole, including portions that teach
`
`
`away from the claimed invention. W.L. Gore & Associates Inc. vs Garlock Inc, 721 F.2d
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`1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 11
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`However, "the prior art's mere disclosure of more than one alternative does not constitute
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`a teaching away from any of these alternatives because such disclosure does not criticize,
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`discredit, or otherwise discourage the solution claimed
`
`In re Fulton, 391 F.3d 1195,
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`1201, 73 USPQZd 1141, 1146 (Fed. Cir. 2004).
`
`Conclusion
`
`8.
`
`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 CFR 1.136(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
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`statutory period will expire on the date the advisory action is mailed, and any extension
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`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.
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LOl H TRAN whose telephone number is (571 )270-5645.
`
`The examiner can normally be reached on 8:00AM-5:00PM PST FIRST FRIDAY OF
`
`BIWEEK OFF.
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 12
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`Examiner
`
`interviews
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, THAI TRAN can be reached on 571 -272-7382. The fax phone number for the
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`Information regarding the status of an application may be obtained from the Patent
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`applications may be obtained from either Private PAIR or Public PAIR. Status information
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`
`/LOI H TRAN/
`
`Primary Examiner, Art Unit 2484
`
`