IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Docket Nos.: A0130.0090.C7
`9368USC7
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`In re Patent Application of:
`Wesley Scott Harper
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`Application No.: To be assigned
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`Confirmation No.: To be assigned
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`Filed: August 25, 2021
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`For: METHODS AND SYSTEMS FOR EARLY
`SIGNAL ATTENUATION DETECTION AND
`PROCESSING
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`Art Unit: To be assigned
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`Examiner: To be assigned
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`PRELIMINARY AMENDMENT
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`EFS Web
`Commissioner for Patents
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`INTRODUCTORY COMMENTS
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`Prior to examination on the merits, please see the following:
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`Amendments to the Claims beginning on page 2 of this paper; and
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`Remarks beginning on page 7 ofthis paper.
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`Application No. To be assigned
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`Docket No.: A0130.0090.C7
`9368USC7
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`This listing of claims replaces all previous versions of the claims in the application.
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`AMENDMENTS TO THE CLAIMS
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`1-22.
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`(Canceled)
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`(New) A glucose monitoring system, comprising:
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`(1) an on body unit configured to be positioned on a user’s body, the on body unit
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`comprising:
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`a glucose sensor, a portion of which is configured to be positioned underskin of the
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`user, wherein the glucose sensor is configured to sample a biological fluid of the user and
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`provide glucose related sensor data; and
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`a data processing and transmitter unit coupled with the glucose sensor, wherein the
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`data processing and transmitter unit is configuredto:
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`receive the glucose related sensor data from the glucose sensor;
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`process the glucose related sensor data to provide processed sensor data;
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`store, in memory of the data processing and transmitter unit during a time
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`period associated with a failure mode condition, the glucose related sensor data, the
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`processed sensor data, or both; and
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`transmit the processed sensor data over a Bluetooth wireless communication
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`link; and
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`(2) a receiver unit, comprising:
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`a radio frequency receiver and an antenna configured to receive the processed sensor
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`data transmitted by the data processing and transmitter unit over the Bluetooth wireless
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`communication link;
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`a display configured to display numerical values and graphical representations of the
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`processed sensor data; and
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`a processor coupled with memory of the receiver unit, wherein instructions stored in
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`the memory of the receiver unit, when executed by the processor, cause the processorto:
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`detect the presence of the data processing and transmitter unit when the data
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`processing and transmitter unit is within a range of the receiver unit,
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`Page 2 of 320
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`Application No. To be assigned
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`Docket No.: A0130.0090,C7
`9368USC7
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`establish the Bluetooth wireless communication link with the data processing
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`and transmitter unit,
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`outputa first graphical representation of the processed sensordata to the
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`display of the receiver unit, wherein the first graphical representation comprises a
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`first line graph, and wherein an endofthefirst line graph correlates with a time
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`associated with a start of the failure mode condition, and
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`output a second graphical representation of the processed sensor data to the
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`display of the receiver unit after the failure mode condition has been corrected,
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`wherein the second graphical representation comprises a second line graph having a
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`length greater than thefirst line graph.
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`24.
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`(New) The glucose monitoring system of claim 23, wherein thefirst line graph
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`comprises processed sensor data received before the start of the failure mode condition, and
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`wherein the second line graph comprises processed sensor data received before and after the
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`start of the failure mode condition.
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`25.
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`(New) The glucose monitoring system of claim 24, wherein the first line graph is
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`outputted to the display ofthe receiver unit during a first time period, and wherein the secondline
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`graphis outputted to the display of the receiver unit during a second time period occurring after the
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`first time period.
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`26.
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`(New) The glucose monitoring system of claim 25, wherein the first line graph and
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`the second line graph are outputted to a same graph comprising a first axis having a time unit of
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`measurement and a second axis having a glucose concentration unit of measurement.
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`27.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a sensor communication error.
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`28.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a signal error associated with the glucose sensor.
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`Page 3 of 320
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`Application No. To be assigned
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`Docket No.: A0130.0090.C7
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`9368USC7
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`29.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprisesa signal error associated with the data processing and transmitter unit.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a signal error associated with the receiverunit.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a system malfunction associated with the data processing and transmitterunit
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`or a system malfunction associated with the receiver unit.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a sensor dislodgement.
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`33.|(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises an inability of the receiver unit to display or output the graphical
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`representations of the processed sensor data to the display.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises an inability to calibrate the glucose sensor.
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`35.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a sensorinstability condition.
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`36.|(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a calibration failure condition.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a monitoring system failure condition.
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`Application No. To be assigned
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`Docket No.: A0130.0090.C7
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`9368USC7
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`38.
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`(New) The glucose monitoring system of claim 23, wherein the glucose sensor
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`comprises a working electrode and a counter electrode.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a sensor misposition error.
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`40.|(New) The glucose monitoring system of claim 23, wherein the on body unit further
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`comprises a temperature sensor, and wherein the failure mode condition comprises a temperature
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`measurementoutside a predetermined range.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises an analyte level exceeding a predetermined threshold.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a rate of change of an analyte level exceeding a predeterminedthreshold.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprisesa signal error associated with reference data.
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`(New) The glucose monitoring system of claim 23, wherein the failure mode
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`condition comprises a data unavailability condition.
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`45.
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`(New) The glucose monitoring system of claim 23, wherein the instructions stored
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`in the memory ofthe receiver unit, when executed by the processor, further cause the processor to
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`display the second line graph immediately after the correction of the failure mode condition.
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`46.
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`(New) The glucose monitoring system of claim 23, wherein the instructions stored
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`in the memory of the receiver unit, when executed by the processor, further cause the processor to
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`wait a predetermined period of time after the correction of the failure mode condition before
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`displaying the second line graph.
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`Application No. To be assigned
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`Docket No.: A0130.0090.C7
`9368USC7
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`47.
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`(New) The glucose monitoring system of claim 23, wherein the data processing and
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`transmitter unit, the receiver unit, or both is further configured to store time information associated
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`with the failure mode condition.
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`48.
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`(New) The glucose monitoring system of claim 23, wherein the on body unit
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`comprises a single integrated housing, and wherein the data processing and transmitter unit and at
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`least a portion of the glucose sensor are disposed within the single integrated housing.
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`49.
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`(New) The glucose monitoring system of claim 23, wherein the receiver unit
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`comprises a mobile phone.
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`50.
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`(New) The glucose monitoring system of claim 23, wherein the time period
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`associated with the failure mode condition comprises at least one hour,
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`SI.
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`(New) The glucose monitoring system of claim 23, wherein thefirst line graph is
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`non-continuous before the failure mode has been corrected.
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`52.
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`(New) The glucose monitoring system of claim 23, wherein the secondline graph is
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`continuousafter the failure mode has been corrected.
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`Application No. To be assigned
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`Docket No.: A0130,0090.C7
`9368USC7
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`REMARKS
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`Claims 23-52 are pending and claims 1-22 have been canceled without prejudice. Support for
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`the new claims can be found, for example, at paragraphs [0030] to [0033] and [0052] to [0086], as
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`well as Figures 4 to 6, 7A, and 7B, the original claims, and elsewhere throughout the application as
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`filed. No new matter has been introduced. Examination of these new claims are respectfully
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`All citations to claim support are purely for the benefit of the Examiner.It is stressed that the
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`citations are only examples and in no way constitute an exhaustive recitation of all written and
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`depicted support for the claims. Additional support can be found elsewhere, including citations from
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`both the specification and figures that are not stated, as well as the knowledge of those of ordinary
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`skill in the art. These citations in no way constitute a disclaimer that the claim covers only that subject
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`matter whichis cited herein and in no way define the inventive subject matter as being only that which
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`is cited herein,
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`Cancelation of the claims is made without prejudice and solely to advance prosecution ofthis
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`application and are not intended as a disavowal of any subject matter. Accordingly, by this response,
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`Applicants do not concedethat previously pending claims are not patentable.
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`Theright is reserved to pursue claims to any subject matter supported by the disclosure ofthis
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`application in one or more continuation and/or divisional applications at a later time, including the
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`subject matter of any previously pending claims regardless of whether those claims were amended or
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`cancelled herein. This may entail the pursuit of broader and/or narrowerclaims, and/or subject matter
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`that was previously relinquished by virtue of argument or amendment.
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`Application No. To be assigned
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`Docket No.: A0130.0090.C7
`9368USC7
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`It is respectfully submitted thatall claims are in allowable form. Inthe event that the Examiner
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`deemsthat a discussion would be helpful in advancing prosecution, the Examineris invited to call the
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`undersigned at (949) 432-9993. The USPTOis hereby authorized to charge any outstanding fees to
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`Deposit Account No. 50-5201,
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`Dated: August 25, 2021
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`Respectfully submitted,
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`/Glen Liu/
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`Electronic signature:
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`Glen Liu
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`Registration No.: 75,058
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`ONE LLP
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`4000 MacArthur Blvd.
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`East Tower, Suite 500
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`Attomey for Applicant
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`Page 8 of 320
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`Electronic Patent Application Fee Transmittal
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`Filing Date:
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`Title of Invention:
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`METHODS AND SYSTEMS FOR EARLY SIGNAL ATTENUATION DETECTION AND
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`PROCESSING
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`Wesley Scott Harper
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`Attorney Docket Number:
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`A0130.0090.C7
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`Filed as Large Entity
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`Filing Fees for Track! Prioritized Examination - Nonprovisional Application under 35 USC 111(a)
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`Miscellaneous-Filing:
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`REQUEST FOR PRIORITIZED EXAMINATION
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`Pages:
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`Patent-Appeals-and-Interference:
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`Electronic AcknowledgementReceipt
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`International Application Number:
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`Title of Invention:
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`METHODS AND SYSTEMS FOR EARLY SIGNAL ATTENUATION DETECTION AND
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`PROCESSING
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`First Named Inventor/Applicant Name:
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`Wesley Scott Harper
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`Customer Number:
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`95508
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`Filer: Glen Liu/Alana Fredericks
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`Filer Authorized By:
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`GlenLiu
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`Attorney Docket Number:
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`A0130.0090.C7
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`Receipt Date:
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`25-AUG-2021
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`Filing Date:
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`Utility under 35 USC 111(a)
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`The Director of the USPTOis hereby authorized to charge indicated fees and credit any overpaymentasfollows:
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`DocumentDescription
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`7240.
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`MoScOS07aob09 62en56hld 2200070
`etc
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`Warnings:
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`File Listing:
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`TrackOne Request
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`9368USC7_A0130_0090_C/_Tr
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`ack_One_Request.pdf
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`O7AaSHFO2dbVITA UM etheSdba2og
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`152461
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`Warnings:
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`Information:
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`Application Data Sheet
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`9368USC7_A0130_0090_C7_A
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`DS.pdf
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`Information:
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`163591
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`9368USC7_A0130_0090_C7_Sp
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`ecification.pdf
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`Multipart Description/PDFfiles in .zip description
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`DocumentDescription
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`Specification
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`Claims
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`Warnings:
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`Abstract
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`Information:
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`210832
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`Drawings-only black and white line
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`drawings
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`9368USC7_A0130_0090_C7_Fi
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`gures.pdf
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`Information:
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`508797
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`Oath or Declaration filed
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`9368USC7_A0130_0090_C7_D
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`903e4a7321 $952a]HodIGeaMedaAMBly
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`Information:
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`Transmittal Letter
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`9368USC7_A0130_0090_C7_|D
`S:"Transrilttalot
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`aBoo) 162) 2ngedsenites alec Marece
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`Warnings:
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`Information Disclosure Statement (IDS)|9368USC7_A0130_0090_C7_ID
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`Form (SB08)
`5 1 449.pdf
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`THaT
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`Warnings:
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`This is notan USPTO suppliedIDSfillable form
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`Information:
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`pdfes41 1 baldo2200731 ASdeerd4sdl4loda
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`9368USC7_A0130_0090_C7_Pr
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`eliminary_Amendment.pdf
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`103758
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`Multipart Description/PDFfiles in .zip description
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`Preliminary Amendment
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`Warnings:
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`Fee Worksheet (SB06)
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`fee-info.pdf
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`Shadshot2etelerO23 £e74 | SdSsecad es7
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`Warnings:
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`TotalFiles Size (in bytes) 2937614
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`This AcknowledgementReceipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
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`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
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`Post Card, as described in MPEP 503.
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`New Applications Under 35 U.S.C. 111
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`Ifa new application is being filed and the application includes the necessary componentsfora filing date (see 37 CFR
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`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown onthis
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`Acknowledgement Receiptwill establish thefiling date of the application.
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`National Stageof an International Application under 35 U.S.C. 371
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`ifa timely submission to enter the national stage of an international application is compliant with the conditions of 35
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`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application asa
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`national stage submission under35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`New International Application Filed with the USPTO as a Receiving Office
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`If a new international application is being filed and the international application includes the necessary componentsfor
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`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
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`and of the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
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`national security, and the date shown on this AcknowledgementReceiptwill establish the internationalfiling date of
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`Doc Code: TRACK1,REQ
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`DocumentDescription: TrackOne Request
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`PTO/AIA/424 (03-14)
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`CERTIFICATION AND REQUESTFOR PRIORITIZED EXAMINATION
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`UNDER37 CFR 1.102(e) (Page 1 of1)
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`METHODS AND SYSTEMS FOR EARLY SIGNAL ATTENUATION DETECTION AND PROCESSING
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`APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTSPRIORITIZED EXAMINATION FOR
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`1. The processing fee set forth in 37 CFR 1.17(i)(1), the prioritized examination fee set forth in
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`37 CFR 1.17(c), and if not already paid, the publication fee set forth in 37 CFR 1.18(d) have
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`been filed with the request. The basicfiling fee, search fee, and examination fee arefiled with
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`the request or have been already been paid.
`| understand that any required excessclaims fees
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`or application size fee must be paid for the application.
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`| understand that the application may not contain, or be amended to contain, more than four
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`independent claims, more thanthirty total claims, or any multiple dependentclaims.
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`Original Application (Track One)
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`- Prioritized Examination under &
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`3. The applicable box is checked below:
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`(a) The application is an original nonprovisionalutility application filed under 35 U.S.C. 171(a).
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`This certification and requestis beingfiled with the utility application via EFS-Web.
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`forms are submitted.
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`An executed inventor's oath or declaration under 37 CFR 1.63 or 37 CFR 1.64 for each
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`inventor, or the application data sheet meeting the conditions specified in 37 CFR 1.53(f)(3)(i) is
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`filed with the application.
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`A request for continued examination has beenfiled with, or prior to, this form.
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`If the application is a utility application, this certification and requestis being filed via EFS-Web.
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`iii. The application is an original nonprovisionalutility application filed under 35 U.S.C. 111(a), oris
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`a national stage entry under 35 U.S.C. 371.
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`iv. This certification and requestis beingfiled prior to the mailing of a first Office action responsive
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`No prior request for continued examination has been granted prioritized examination status
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`under 37 CFR 1.102(e)(2).
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`(b) The application is an original nonprovisional plant application filed under 35 U.S.C. 111(a).
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`This certification and requestis being filed with the plant application in paper.
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`Request for Continued Examination - Prioritized Examination under § 1.102(e)(2)
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`Signature /Glen Liu/
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`Glen Liu
`faine
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`(Print/Typed)
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`pate 0/20/2021
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`Practitioner
`75,058
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`Registration Number
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`This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications.
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`Submit multiple forms if more than one signature is required.”
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`*Total of
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
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`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
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`the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
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`furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
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`U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
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`patent.
`If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
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`process and/or examine your submission, which may result in termination of proceedings or abandonmentof the
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`application or expiration of the patent.
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`The information provided by youin this form will be subject to the following routine uses:
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`We
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`Page 2
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`The information on this form will be treated confidentially to the extent allowed under the Freedom of
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`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
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`be disclosed to the Departmentof Justice to determine whether disclosure of these records is required by the
`Freedom of Information Act.
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`A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
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`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
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`setilemeni negotiations.
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`A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
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`request involving an individual, to whom the record pertains, when the individual has requested assistance from
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`the Memberwith respect to the subject matter of the record.
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`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
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`need for the information in order to perform a contract. Recipients of information shall be required to comply
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`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
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`A record related to an International Application filed under the Patent Cooperation Treaty in this system of
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`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
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`Organization, pursuant to the Patent Cooperation Treaty.
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`A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
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`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
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`218(c)).
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`A record from this system of records may be disclosed, as a routine use, to the Administrator, General
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`Services, or his/her designee, during an inspection of records conducted by GSA aspart of that agency’s
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`responsibility to recommend improvements In records management practices and programs, under authority of
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`44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing
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`inspection of records for this purpose, and anyotherrelevant(/.e., GSA or Commerce) directive. Such
`disclosure shall not be used to make determinations about individuals.
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`A record from this system of records may be disclosed, as a routine use, to the public after either publication of
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`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
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`record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record
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`was filed in an application which became abandonedor in which the proceedings were terminated and which
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`application is referenced by either a published application, an application open to public inspection or an issued
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`patent.
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`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
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`enforcement agency,if ihe USPTO becomes aware of a violation or potential violation of law or regulation.
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`Page 16 of 320
`Page 16 of 320
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`

`

`PTO/AIA/14 (02-18)
`Approved for use through 11/30/2020. OMB 0651-0032
`U.S, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unlessit contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
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`—
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`Title of Invention|METHODS AND SYSTEMS FOR EARLY SIGNAL ATTENUATION DETECTION AND PROCESSING
`
`The application data sheetis part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arrangedin a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
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`document may be printed andincluded in a paperfiled application.
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`
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`Secrecy Order 37 CFR 5.2:
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`
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`O Portions or all of the application associated with this Application Data Sheet mayfall under a Secrecy Order pursuant to
`37 CFR 5.2 (Paperfilers only. Applications that fall under Secrecy Order may notbefiled electronically. }
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`Inventor Information:
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`Legal Name
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`Prefix} Given Name
`Middle Name
`Family Name
`Suffix
`eeperper——=a[Fs
`Residence Information (Select One)
`@ US Residency
`Non US Residency
`Active US Military Service
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`roy[Pines|StateProvine[FA[countyofResiencd[pS——+d
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`Mailing Addressof Inventor:
`faddresst[foremecom
`address?
`|City|| Alameda State/Province A
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`[PostalCode«(peso——~S~S~*~*~di Oty PS
`All
`Inventors Must Be Listed - Additional Inventor Information blocks may be
`generated within this form by selecting the Add button.
`
`
`
`Correspondence Information:
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`
`|_| An Addressis being provided for the correspondence Information of this application.
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`
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`Customer Number
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`Email Address
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`pdocketing@onellp.com
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`Application Information:
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`Title of the Invention
`
`ETHODS AND SYSTEMS FOR EARLY SIGNAL ATTENUATION DETECTION AND PROCESSING
`
`[|]
`Small Entity Status Claimed
`Attorney Docket Number] | A0130.0090.C7
`Application Type
`| lonproviional
`Subject Matter
`payOOCOCC*‘“‘(SCCG
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`Total Number of Drawing Sheets (if any) ie=T