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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
`
`16/751,666
`
`01/24/2020
`
`Ryuichi KANOH
`
`2020-0083A
`
`3685
`
`UP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`KWAN, MATTHEW K
`
`2482
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/13/2021
`
`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)
`16/751,666
`KANOH etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MATTHEW K KWAN
`2482
`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 15 December 2020.
`CO) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)l¥) This action is FINAL.
`2b) (J This action is non-final.
`3) 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\(Z 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*
`1-16 and 37-40 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 17-18 is/are withdrawn from consideration.
`(1) Claim(s)__ is/are allowed.
`Claim(s) 1-9,12-16 and 37-40is/are rejected.
`)
`Claim(s) 10-11 is/are objected to.
`OO Claim(s
`are subject to restriction and/or election requirement
`)
`“ 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)L) The specification is objected to by the Examiner.
`11) The drawing(s) filedon__ 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)CZ) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)LJ None of the:
`b)L) Some**
`a)LJ All
`1.2 Certified copies of the priority documents have been received.
`2..) Certified copies of the priority documents have been received in Application No.
`3.0.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210104
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`2.
`
`Inthe event the determination of the status of the application as subject to AIA35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 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 ofrejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under either status.
`
`3.
`
`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the basis
`
`Claim Rejections - 35 USC § 102
`
`for the rejections under this section made in this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)}(1} the claimed invention was patented, describedina printed publication, or in public use, onsale,
`or otherwise available to the public before the e ffective filing date of the claimed invention.
`
`4,
`
`Claim 41 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shibahara et al. (U.S.
`
`2012/0128065), hereinafter Shibahara.
`
`Regarding claim 41, Shibahara discloses an encoder comprising:
`
`memory (Shibahara [0049]); and
`
`circuitry coupled tothe memory (Shibahara [0050] and fig. 45) and configuredto:
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 3
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`perform a primary transform (Shibahara [0173] and fig. 3, #110) and a secondary transform
`
`(Shibahara fig. 3, #130, claim 1) to convert residuals in a current block to coefficients (Shibahara [0172]
`
`and fig. 12, #420);
`
`quantize the coefficients with no quantization matrix to generate quantized coefficients
`
`(Shibahara [0020] and [0109]); and
`
`encode the quantized coefficients to generate an encoded bitstream (Shibahara claim 1).
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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 fora claimed invention may not be obtained, notwithstanding that the claimed inventionis
`notidentically disclosed as set forth ins ection 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 ofthe claimed invention to a person having ordinaryskillin the art to which the
`claimed invention pertains. Patentability s hall not be negated by the manner in which the invention
`was made.
`
`6.
`
`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.
`
`7.
`
`Claims 1-9, 12-16, 37 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Shibahara etal. (U.S. 2012/0128065), hereinafter Shibahara in view of Chen etal. (Algorithm Description
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 4
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`of Joint Exploration Test Model 5 (JEM 5)”, JVET-E1001-v2, January 2017), hereinafter Chen. Chen was
`
`cited in the Applicant’s IDS dated 1/24/20.
`
`Regarding claims 1 and 16, Shibahara discloses an encoder which encodes a current block to be
`
`encoded in an image, the encoder comprising:
`
`circuitry ([0096], claim 23 andfig. 45); and
`
`memory ([0049]),
`
`wherein using the memory, the circuitry ([0050] and fig. 45):
`
`performs a primary transform ([0173] andfig. 3, #110) from residuals of the current block to
`
`primary coefficients ([0172] and fig. 12, #420);
`
`(i) calculates quantized primary coefficients by performing a first quantization on the primary
`
`coefficients when the secondary transform is not to be applied (fig. 3, #140,fig. 12, #420 and claim 1),
`
`(ii) performs a secondary transform from the primary coefficients to secondary coefficients (fig. 3, #130,
`
`claim 1), and calculates quantized secondarycoefficients by performing a second quantization on the
`
`secondary coefficients when the secondary transform is to be applied, the second quantization being
`
`different from thefirst quantization (fig. 3, claims 1 and 2); and
`
`generates an encoded bitstream by encoding the quantized primary coefficients and the
`
`quantized secondary coefficients (claim 1).
`
`Shibahara does not explicitly disclose determining whether a secondary transform is to be
`
`applied tothe current block and generating an encoded bitstream by encoding either the quantized
`
`primary coefficients or the quantized secondarycoefficients.
`
`However, Chen teaches determining whether a secondary transform is to be applied to the
`
`current block (Chen section p. 30, 2.4.3.1, second paragraph); and
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`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
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`Page5S
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`generating an encoded bitstream by encoding either the quantized primary coefficients or the
`
`quantized secondarycoefficients (Chen section p. 30, 2.4.3.1, second paragraph).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of
`
`the claimed invention to modify Shibahara’s encoder with the missing limitations as taught by Chen to
`
`reduce complexity and lower processing cost asa result of not always applying the secondary transform
`
`(Chen p. 29, section 2.4.3,first paragraph).
`
`As shown above,all of the limitations are known, they can be applied to a known device such as
`
`a processor toyield a predictable result of improving coding efficiency as a result of reducing
`
`complexity.
`
`Regarding claim 2, Shibahara in view of Chen teaches the encoder according to claim 1,
`
`wherein the first quantization is a weighted (Shibahara [0109]) quantization usingafirst
`
`quantization matrix (Shibahara [0113], and fig. 3, #142), and
`
`the second quantization is a weighted quantization using asecond quantization matrix different
`
`from the first quantization matrix (Shibahara [0114] andfig. 3, #141).
`
`Regarding claim 3, Shibahara in view of Chen teaches the encoder according to claim 2,
`
`wherein the circuitry writes the first quantization matrix and the second quantization matrix
`
`into the encodedbitstream (Shibahara [0117] andfig. 3, #160).
`
`Regarding claim4, Shibahara in view of Chen teachesthe encoder according to claim 3,
`
`wherein the primary coefficients include one or morefirst primary coefficients and one or more
`
`second primary coefficients (Shibahara fig. 3, #140),
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
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`Page 6
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`the secondary transform is applied to the one or morefirst primary coefficients (Shibaharafig.
`
`3, #130) and is not applied to the one or more second primary coefficients (Chen p. 30, section 2.4.3.1,
`
`paragraph 2),
`
`the second quantization matrix has one or morefirst component values corresponding to the
`
`one or morefirst primary coefficients and one or more second component values corresponding to the
`
`one or more second primary coefficients (Shibahara [0023]),
`
`each of the one or more second componentvalues of the second quantization matrix matches a
`
`corresponding one of componentvalues ofthe first quantization matrix (Shibahara [0109]), and
`
`when thecircuitry writes the second quantization matrix, the circuitry writes, into the encoded
`
`bitstream, only the one or morefirst component values among the one or morefirst component values
`
`and the one or more second componentvalues (Shibahara [0021] and Chen 2.4.3 / 2.4.3.1).
`
`The same motivation for claim 1 applies to claim 4.
`
`Regarding claim5, Shibahara in view of Chen teaches the encoder according to claim 3,
`
`wherein in the secondary transform, a plurality of bases which has been determinedis
`
`selectively used (Shibahara [0021], [0192] andfig. 4),
`
`the encodedbitstream includes a plurality of second quantization matrices corresponding to the
`
`plurality of bases (Shibahara [0021], [0192] and fig. 4), and
`
`in the second quantization, a second quantization matrix corresponding to a basis used for the
`
`second transform is selected from the plurality of second quantization matrices (Shibahara [0021],
`
`[0192] andfig. 4).
`
`Regarding claim 6, Shibahara in view of Chen teaches the encoder according to claim 2,
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
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`Page 7
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`wherein the first quantization matrix and the second quantization matrix are defined in advance
`
`in a standard (Shibahara [0229]).
`
`Regarding claim 7, Shibahara in view of Chen teaches the encoder according to claim 2,
`
`wherein the circuitry derives the second quantization matrix from the first quantization matrix
`
`(Shibahara [0031]).
`
`Regarding claim 8, Shibahara in view of Chen teaches the encoder according to claim 7,
`
`wherein the primary coefficients include one or morefirst primary coefficients and one or more
`
`second primary coefficients (Shibahara fig. 3, #140),
`
`the secondary transform is applied to the one or morefirst primary coefficients (Shibaharafig.
`
`3, #130) and is not applied to the one or more second primary coefficients (Chen p. 30, section 2.4.3.1,
`
`paragraph 2),
`
`the second quantization matrix has one or morefirst component values corresponding to the
`
`one or morefirst primary coefficients and one or more second component values corresponding to the
`
`one or more second primary coefficients (Shibahara [0023]),
`
`each of the one or more second componentvalues of the second quantization matrix matches a
`
`corresponding one of componentvalues ofthe first quantization matrix (Shibahara [0109]), and
`
`when the circuitry derives the second quantization matrix, the circuitry derives the one or more
`
`first component values of the second quantization matrix from thefirst quantization matrix (Shibahara
`
`[0109] and [0113]).
`
`The same motivation for claim 1 applies to claim 8.
`
`Regarding claim9, Shibahara in view of Chen teaches the encoder according to claim 7,
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 8
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`wherein the second quantization matrixis derived by applying the secondary transform to the
`
`first quantization matrix (Shibahara [0031]).
`
`Regarding claim12, Shibahara in view of Chen teaches the encoder accordingto claim 1,
`
`wherein the first quantization is a weighted quantization in which a quantization matrix is used
`
`(Shibahara [0109] and [0113]), and
`
`the second quantization is a non-weighted quantization (Shibahara [0020]) in which no
`
`quantization matrix is used (Shibahara [0020] and [0109)).
`
`Regarding claim 13, Shibahara in view of Chen teaches the encoder accordingto claim 1,
`
`wherein the first quantization is a weighted quantization using a first quantization matrix
`
`(Shibahara [0109]),
`
`in the secondary transform,(i) weighted primary coefficients are calculated by multiplying each
`
`of the primary coefficients by a corresponding componentvalue of a weighting matrix (Shibahara
`
`[0032]), and (ii) the weighted primary coefficients are transformed into secondary coefficients
`
`(Shibahara [0018], [0030] and [0320]), and
`
`in the second quantization, each of the secondarycoefficients is divided by a quantization step
`
`common between the secondarycoefficients (Shibahara [0317]).
`
`Regarding claim 14, Shibahara in view of Chen teaches the encoder according to claim 13,
`
`wherein the circuitry derives the weighting matrix from the first quantization matrix (Shibahara
`
`[0032]).
`
`Regarding claim 15, Shibahara in view of Chen teaches the encoder according to claim 13,
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 9
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`wherein the circuitry derives the common quantization step from a quantization parameter for
`
`the current block (Shibahara [0117] and [0109)).
`
`Regarding claims 37 and 39, Shibahara in view of Chen teachesthe encoder and method
`
`according to claims 1 and 16, wherein thefirst quantization uses a quantization matrix (Shibahara [0109]
`
`and [0113]), and the second quantization uses no quantization matrix (Shibahara [0020] and [0109]).
`
`8.
`
`Claims 38 and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Shibahara in view
`
`of Chen as applied to claim 1 above, and further in view of Boon (U.S. 5,570,197).
`
`Regarding claims 38 and 40, Shibahara in view of Chen teachesthe encoder and method
`
`according to claims 1 and 16. Shibahara does not explicitly disclose wherein the second quantization
`
`divides each secondarycoefficient of the current block by acommoninteger.
`
`However, Boon teaches, wherein the second quantization divides each secondarycoefficient of
`
`the current block by acommoninteger (Boon col. 3, lines 17-23).
`
`It would have been obvious to one of ordinary skill in the art before the effectivefiling date of
`
`the claimed invention to modify the encoder taught by Shibahara in view of Chen with the missing
`
`limitations as taught by Boon to improving coding efficiency as a result of reducing steps in the coding
`
`process (Boon col. 2, lines 53-57).
`
`As shown above,all of the limitations are known, they can be applied to a known device such as
`
`a processor toyield a predictable result of improving coding efficiency as a result of reducing complexity
`
`in the coding process.
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 10
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`Allowable Subject Matter
`
`9.
`
`Claims 10 and 11 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form including all of the limitations of the base claimand any
`
`intervening claims.
`
`Response to Arguments
`
`10.
`
`Applicant's arguments filed in regardto the newly amended common integer limitation has
`
`been fully considered but are moot because the arguments do not apply to the current grounds of
`
`rejection being used in the current rejection, i.e. Shibahara in view of Chen and Boon.
`
`11.
`
`Applicant's arguments filed 12/15/20 in regards to the previously presented portions of the
`
`claims have been fully considered but they are not persuasive.
`
`12.
`
`On pg. 10 of the Applicant’s Response, the Applicant argues that adding Chen would change the
`
`principle of operation of Shibahara.
`
`The Examiner respectfully disagrees. Shibahara discloses transforming a partial signal ([0098]),
`
`i.e. the second transform is not performed on the entire signal. Further, the two-stage transform can be
`
`performedpartially ([(0221]). Finally, Shibahara states that the present invention is not limited to these
`
`Embodiments ([0402]). Therefore, adding Chen would not change theprinciple of operation of
`
`Shibahara.
`
`13.
`
`On pgs. 11-13 of the Applicant’s Response, the Applicant argues that Shibahara does not
`
`disclose quantizing coefficients with no quantization matrix as described in claims 12, 37, 39 and 41.
`
`

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`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 11
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`The Examiner respectfully disagrees. Shibahara discloses that the scaling parameter, whichis
`
`calculated using a quantization matrix ([0109]) does not have to be used ([0020] and [030]). Moreover,
`
`Shibahara states that the present invention is not limited to these Embodiments ([0402]). Therefore,
`
`Shibahara discloses the no quantization matrix limitation.
`
`Conclusion
`
`Applicant's amendmentnecessitated 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 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 ofthis final action.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MATTHEW K KWAN whosetelephone number is (571)270-7073. The examiner
`
`can normally be reached on Monday-Friday 9:30am-6:00pm.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto. gov/interviewpractice.
`
`

`

`Application/Control Number: 16/751,666
`Art Unit: 2482
`
`Page 12
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`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Chris Kelley can be reached on (571)272-7331. The fax phone number for the organization wherethis
`
`application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
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`my.uspto. gov/pair/PrivatePair. Should you have questions on accessto the Private PAIR system, contact
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`the Electronic 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 system, call 800-786-
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`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/MATTHEW K KWAN/
`Primary Examiner, Art Unit 2482
`
`