`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/838,420
`
`04/02/2020
`
`Noriaki KIDO
`
`733156.560
`
`1080
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`PHUNKULH, BOB A
`
`ART UNIT
`
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`03/07/2022
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Disposition of Claims*
`1-6 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-6 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`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)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20220302
`
`Application No.
`Applicant(s)
`16/838,420
`KIDO etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`BOB A PHUNKULH
`2412
`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 12/27/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J 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.
`
`
`
`Application/Control Number: 16/838,420
`Art Unit: 2412
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
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`This communication is in responseto applicant’s 12/27/2021
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`amendment/responsesin the application of KIDO etal. for “CAMERA AND
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`COMMUNICATION METHOD?’filed 04/02/2020. The amendments/response to the
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`claims have been entered. No claims have been canceled. No claims have been
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`added. Claims 1-6 are now pending.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1-6 are rejected under 35 U.S.C. 112(b6) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor (or for applications subject
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`to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`Regarding claim 1, it is not clear what it meant by “the IPv4 server receiving a
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`global Internet Protocol (IP) address of an Internet Protocol version 6 (IPv6)-compatible
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`terminal’ as cited in the claim. Please specify where the IPv4 server receive the global
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`
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`Application/Control Number: 16/838,420
`Art Unit: 2412
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`Page 3
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`IP address from and how?If the IPv4 server is receiving the global IP address from the
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`camera in the connection established by the camera’s controller, why the need to
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`transmit the global IP address?
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousnessrejections setforth 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.
`
`Claims 1-2, 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`ZONG (US 2019/0014459 A1), in view of LU etal. (US 2018/0063255 A1), hereinafter
`
`LU.
`
`Regarding claim 1, ZONG discloses a camera, comprising:
`
`an image capturing section (smart device 110, see ¥ 0083);
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`a controller that
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`connects to a Internet Protocol version 4 (IPv4) server (the smart device 110
`
`connects to P2P server, see ¥ 0083, 0086-0087), that
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`receives the global IP address from the server, and that establishes peer-to-peer
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`(P2P) communication with the IPv6-compatible terminal (the P2P server reply the
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`terminal 120 and the smart camera 110 with pair of IP address and port number, see {
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`0086, and IP packets may be |Pv4 or IPv6 compatible, see { 0064); and
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`
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`Application/Control Number: 16/838,420
`Art Unit: 2412
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`Page 4
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`a communicator that transmits image data captured by the image capturing
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`section to the IPv6-compatible terminal by P2P communication (the smart camera 110
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`and terminal 120 send data packets, see ¥ 0086).
`
`Although ZONGdisclose performing hole punching by a server instead of the
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`camera, ZONGfails to explicitly discloses that camera or terminal device performs hole
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`punching.
`
`In the same field of endeavor, LU discloses when the mobile phone APP wants
`
`to access the NAS, firstly a hole punching processis tried to establish a P2P
`
`(Peer to Peer) connection with the NAS and perform data transmission. If the P2P
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`connection is unsuccessfully established, data transmission between the mobile phone
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`APP andthe NASis performed through a relay connection process (see { 0157).
`
`Therefore, it would have been obvious to one having ordinary skill in the art
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`before the effectivefiling date of the claimed invention to implement LU's teaching in the
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`camera device taught by ZONGto establish a TCP connection between two peer device
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`in the Internet behind NAT devices.
`
`Regarding claim 2, ZONG discloses in a case where an IPv4-compatible terminal
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`is located within a wireless communication range of a router to which the camerais
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`connected, the controller establishes P2P communication with the IPv4-compatible
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`terminal by using a private IP address of the IPv4-compatible terminal (the smart device
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`110 communication with terminal 120 via router 130, see figure 1).
`
`
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`Application/Control Number: 16/838,420
`Art Unit: 2412
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`Page 5
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`Regarding claim 5, ZONG discloses in a case where the IPv4-compatible
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`terminal is located outside the wireless communication range of the router to which the
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`camera is connected and a UPnP function of the router is usable, the controller
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`establishes P2P communication with the |Pv4-compatible terminal (the smart device
`
`110 communicate with terminal 120 outside of the local network via router 130, see
`
`figure 1).
`
`Regarding claim 6, ZONG discloses a communication method, comprising:
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`connecting to a server (connecting to P2P server, and providing pair of IP
`
`address and port number, see ¥ 0086);
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`receiving the global IP address from the server (providing pair of IP address and
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`port number, see ¥ 0086);
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`establishing P2P communication with the IPv6-compatible terminal (smart
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`camera 110 communicate with P2P server, see ¥ 0086, and IP packets may be IPv4 or
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`IPv6 compatible, see ¥ 0064); and
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`transmitting image data captured by an image capturing section to the IPv6-
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`compatible terminal by P2P communication (the smart camera 110 and terminal 120
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`send data packets, see { 0086).
`
`Although ZONGdisclose performing hole punching by a server instead of the
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`camera, ZONGfails to explicitly discloses that camera or terminal device performs hole
`
`punching.
`
`In the same field of endeavor, LU discloses when the mobile phone APP wants
`
`to access the NAS, firstly a hole punching processis tried to establish a P2P
`
`
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`Application/Control Number: 16/838,420
`Art Unit: 2412
`
`Page 6
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`(Peer to Peer) connection with the NAS and perform data transmission. If the P2P
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`connection is unsuccessfully established, data transmission between the mobile phone
`
`APP andthe NASis performed through a relay connection process (see { 0157).
`
`Therefore, it would have been obvious to one having ordinary skill in the art
`
`before the effective filing date of the claimed invention to implement LU's teaching in the
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`camera device taught by ZONGto establish a TCP connection between two peer
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`devices in the Internet behind NAT devices.
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`Claims 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the
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`combination of ZONG-LU as applied to claim 2 above, and further in view of DAWESet
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`al. (US 2015/0054947A1).
`
`Regarding claims 3 and 4, ZONGfails to disclose in a case where the |IPv4-
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`compatible terminal is located outside the wireless communication range of the router to
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`which the camera is connected and a Universal Plug and Play (UPnP) function of the
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`router is unusable, the controller establishes communication with the |Pv4-compatible
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`terminal via a relay server or wherein in a case where the IPv4-compatible terminalis
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`capable of User Datagram Protocol (UDP) communication, the controller transmits the
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`image data to the IPv4-compatible terminal based on UDP, and in a case where the
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`IPv4-compatible terminal is incapable of UDP communication, the controller transmits
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`the image data to the IPv4-compatible terminal based on a Transmission Control
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`Protocol (TCP).
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`In the same field of endeavor, DAWESdiscloses IP camera coupled or
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`connected to the system delivers seamless video streams to the user via
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`
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`Application/Control Number: 16/838,420
`Art Unit: 2412
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`Page 7
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`communication paths using one or more of UPnP port forwarding relay server routing
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`using TCP and User Datagram Protocol (UDP), see 4 0195, 0209, 0427).
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`Therefore, it would have been obvious to one having ordinary skill in the art
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`before the effective filing date of the claimed invention to incorporate DAWES's
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`teaching the device taught by the combination of ZONG-LU to provide security system
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`or home monitoring application coupled or connect to monitoring and/or control
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`applications residing outside of LAN in which the camerasare situated.
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim(s) 1-6 have been considered but are
`
`moot because the new ground of rejection does not rely on any reference applied in the
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`prior rejection of record for any teaching or matter specifically challengedin the
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`argument.
`
`Applicant's argumentsfiled 12/27/2021 have been fully considered but they are
`
`not persuasive.
`
`The examiner respectfully disagrees with the applicant’s argument in pages 4-5.
`
`The claims cited “a global Internet Protocol (IP) address of an Internet Protocol 6 (IPv6)
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`compatible terminal” does not explicitly say the global IP address is IPv6 address. The
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`global IP address maystill be IPv4 address. Second, the claim doesnotstate that the
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`camera is assigned with an IP IPv6 address. Since the camera can connectto IPv4
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`server, it makes more sense that the camera is assigned with IP IPv4 address notIP
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`IPv6 address. Therefore, the claimed does not state nor can be interpret as the
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`
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`Application/Control Number: 16/838,420
`Art Unit: 2412
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`Page 8
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`camera and the terminal perform P2P communication in IPv6 as suggested by the
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`applicant. Although the claims are interpreted in light of the specification, limitations
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`from the specification are not read into the claims. See /n re Van Geuns, 988
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`F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
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`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
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`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
`
`Any responseto this action should be mailed to:
`
`The following address mail to be delivered by the United States Postal
`Service (USPS)only:
`
`Mail Stop
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Application/Control Number: 16/838,420
`Art Unit: 2412
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`Page 9
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`or faxed to:
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`(571) 273-8300, (for formal communications intendedfor entry)
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Bob A. Phunkulh whose telephone number is (571)
`
`272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M.
`
`to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-
`
`week).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor CHARLESC. JIANG can be reach on (571) 270-7191.
`
`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 http://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197(toll-free).
`
`/BOB A PHUNKULH/
`Primary Examiner, Art Unit 2412
`
`