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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/933,639
`
`03/23/2018
`
`Miller H. Schuck
`
`229501
`
`1048
`
`REALD Inc. - Patent Department
`Stefan Bump
`5700 Flatiron Parkway
`Boulder CO 80301
`
`KO” TONY
`
`2878
`
`PAPERNUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`06/3 0/2020
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`eofficeaction @ appcoll.com
`patent@rea1d.com
`patpros @reald.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`017/09 A0170” Summary
`
`Application No.
`15/933,639
`Examiner
`TONY KO
`
`Applicant(s)
`Schuck et al.
`Art Unit
`2878
`
`AIA (FITF) Status
`N0
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on
`C] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) E] This action is non-final.
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`3)C] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`21—98 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`
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`E] Claim(s)s_is/are allowed.
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`Claim(s)2_1—98 Is/are rejected
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`E] Claim(ss)_ is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`E] Claim(s
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`httpfiwww.”smogovmatentszinit_events[pph[index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`is/are: a)D accepted or b)lj objected to by the Examiner.
`11):] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)l:] All
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`b)C] Some**
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`c)l:] None of the:
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`11:] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3C] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) [3 Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200618
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`
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`Application/Control Number: 15/933,639
`Art Unit: 2878
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application is being examined under the pre-AIA first to invent provisions.
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`This office action is in response to argument filed on 4/07/2020. Currently claims 21-98 are
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`pending.
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`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same, and shall set forth the best mode contemplated by the inventor orjoint
`inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`Claims 21-98 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first paragraph, as
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`failing to comply with the written description requirement. The claim(s) contains subject matter which
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`was not described in the specification in such a way as to reasonably convey to one skilled in the
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`relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the
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`application was filed, had possession of the claimed invention.
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`Regarding claims 21, 76 and 92, the recitation of ”A polarization conversion system operable to
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`direct time-sequential left and right stereo images onto an overlapping area of a cinema projection
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`screen” does not appear to be part of the original disclosure. Since there is no mentioning of time-
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`sequential left and right stereo images and how these images work in conjunction with system as
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`claimed, the claims do not appear to comply with 35 U.S.C.112(a).
`
`
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`Application/Control Number: 15/933,639
`Art Unit: 2878
`
`Page 3
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`Claims 22-75, 77-91 and 93-98 are rejected because of their dependency upon the rejected
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`claims.
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`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-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 21-98 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph,
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`as being indefinite for failing to particularly point out and distinctly claim the subject matter which the
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`inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
`
`Regarding claims 21, 76 and 92, it is unclear how the system as claimed relate to ”time-
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`sequential left and right stereo image” since there is no mentioning of these limitations in the original
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`disclosure. The original disclosure is also silence regarding what constitutes the term ”diverging image
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`light” and how does this limitation impact the scope claims. The recitations of these terms and the lack
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`of definitive explanations render the claims indefinite.
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`Claims 22-75, 77-91 and 93-98 are rejected because of their dependency upon the rejected
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`claims.
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`Response to Arguments
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`Applicant's arguments filed 4/07/2020 have been fully considered but they are not persuasive.
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`On page 20 of applicant’s argument in responding to 35 U.S.C 112(a), applicant relied upon
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`figure 2 of the drawing to show the location on the projection screen where the overlapping between
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`images (A, B, C) and (A’, B’ and C’) as ”overlapping area”. While it is true, such overlap between (A, B, C)
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`and (A’, B’, C’) exists on screen 130, the original disclosure of the application does not teach ”a
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`
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`Application/Control Number: 15/933,639
`Art Unit: 2878
`
`Page 4
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`polarization conversion system operable to direct time-sequential left and right stereo images onto an
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`overlapping area of a cinema projection screen”.
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`In paragraph [0021] of the specification, (A, B, C) and
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`(A’, B’, C’) are referred to ray-bundles and not sequential left and right stereo im_aqg. Thus, there does
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`not appear to have support for the overlapping of left and right stereo im_ag§.
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`It is important to note
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`the Office is taking the position that ray-bundle and im_age are not the same.
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`Furthermore, as understood, Figure 2 shows the two light bundles (A, B, C) and (A’, B’ and C’)
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`having the same polarization either S or P. That is, at any given frame, only P (right stereo light, for
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`example) or S polarization light (which takes place in the following frame and to be considered as left
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`stereo light) bundle would overlap on screen 130. Therefore, there does not appear to be an
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`overlapping of time-sequential left (P/S polarization) and right stereo images (S/P polarization)
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`overlapping on the projection screen.
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`As pointed out in applicant’s argument (applicant cited paragraph 4 of the present application),
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`”Polarization-selective eyewear allow images of one polarization to pass to the left eye and images of
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`the orthogonal polarization to pass to the right eye. By presenting different images to each eye, 3D
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`imagery can be synthesized.” It appears applicant agrees that the sequential left and right stereo
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`images are formed only after passing through eyewear and entered view’s eye. Thus, it is unclear how
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`”the time-sequential left and right stereo images” exists before it reaches beyond the eyewear.
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`For at least reasons listed above, it is believed the original disclosure does not support the
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`claims, and the claims are indefinite.
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
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`in 37 CFR 1.136(a).
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`
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`Application/Control Number: 15/933,639
`Art Unit: 2878
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`Page 5
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally
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`be reached on Monday-Friday 9-5pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Georgia Epps can be reached on 571-272-2328. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent Application
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`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
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`
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`Application/Control Number: 15/933,639
`Art Unit: 2878
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`Page 6
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
`
`/TONY KO/
`
`Primary Examiner, Art Unit 2878
`
`TK
`
`
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