DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/24/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The Amendment filed 11/25/2025 has been entered. Claims 1, 14, 28, and 30 have been amended.
Response to Arguments
Applicant's argument(s) filed on 11/25/2025 with respect to the rejection of claims under rejected under 35 U.S.C. § 103 have been considered but are moot in view of the new ground rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 14, 28, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Jung (US20230239814A1) hereinafter Jung in view of Takahashi (US20250039685A1) hereinafter Takahashi.
Regarding to Claim 1,
Jung teaches An apparatus for wireless communications at a reconfigurable intelligent surface, comprising: at least one processor; and at least one memory coupled with the at least one processor, wherein the at least one memory comprises instructions executable by the at least one processor to cause the apparatus to: ((fig. 13) and ([0129] the RIS device 200 may include a transceiver 201, a controller 202, a memory 203, and an RIS 204)) determine whether distance information ... is available; ([0085] RIS device 20... RIS device 20 may estimate the RTT value using an RTT estimation technique, ... RTT estimation technique may be a fine timing measurement (FTM) technique.) ... apply the set of phase parameters to reflect a signal from the network entity to the UE via the reconfigurable intelligent surface. ([0012] communication node includes a transceiver and at least one processor configured to control the multiple reflection elements ... and [0071] The RIS device 20 may receive a control signal including early switching information from the base station ... changing the reflection pattern of the RIS device 20 into an uplink reflection pattern for uplink signal reflection or a downlink reflection pattern for downlink signal reflection ... and [0130] The controller 202 may, for example, control at least one other element (e.g., hardware or software element) of the RIS device 200 connected to the controller 202, and perform various data processing or calculations)
Jung does not explicitly teaches receive, from a network entity, control information for determination of a set of phase parameters at the reconfigurable intelligent surface; determine whether distance information between the network entity and the reconfigurable intelligent surface is available; determine the set of phase parameters for the reconfigurable intelligent surface in accordance with the control information and in accordance with the determined availability of the distance information, wherein the set of phase parameters is usable by the reconfigurable intelligent surface for reflecting communications from the network entity to a user equipment (UE) in accordance with a focusing distance that is based at least in part on the determined availability of the distance information;
Takahashi teaches receive, from a network entity, control information for determination of a set of phase parameters at the reconfigurable intelligent surface; (fig. 4) and ([0085 ] the reception unit 320 may obtain control information from the base station 10A... [0086] control unit 330 may estimate the propagation path information (HPT and HRP) ) determine whether distance information between the network entity and the reconfigurable intelligent surface is available; ((fig. 4-5) and ([0084] based on the estimated propagation path information, HPT and HRP... according to the same principle as the beamforming, etc., the radio waves can be relayed towards a specific direction by changing the phase of the array antenna, etc. It is to be noted that the wireless relay device 30 only controls (changes) the phase of the wireless signal (radio waves) via the control unit 330 ) and ([0190],[0196], and [0227] determine ... the beam to be applied ... in a case where the distance) )determine the set of phase parameters for the reconfigurable intelligent surface in accordance with the control information and in accordance with the determined availability of the distance information, wherein the set of phase parameters is usable by the reconfigurable intelligent surface for reflecting communications from the network entity to a user equipment (UE) in accordance with a focusing distance that is based at least in part on the determined availability of the distance information; and ((fig. 4-5) and ([0084] based on the estimated propagation path information, HPT and HRP... according to the same principle as the beamforming, etc., the radio waves can be relayed towards a specific direction by changing the phase of the array antenna, etc. It is to be noted that the wireless relay device 30 only controls (changes) the phase of the wireless signal (radio waves) via the control unit 330 ) and ([0190],[0196], and [0227] determine ... the beam to be applied ... in a case where the distance) )
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Takahashi to the teaching of Jung. The motivation for such an addition would be to improve reliability of an initial access using relaying by a wireless relay device in a wireless communication system.([0009] Takahashi).
Claims [14] apparatus for wireless communications at a network entity and claim [28] method at RIS and claims [30] method at network entity are rejected under the same reasoning as claims [1] apparatus for wireless communications at a reconfigurable intelligent surface, where Jung teaches both apparatus and method for wireless communications at a reconfigurable intelligent surface and network entity ((fig. 1) and [0002] and [0012]).
Claim(s) 2-4, 17-18 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Takahashi and further in view of Jian (US20230047993A1), hereinafter Jian.
Regarding Claim 2,
Jung and Takahashi teach the apparatus of claim 1,
Jung and Takahashi does not explicitly teaches wherein the instructions to receive the control information are executable by the at least one processor to cause the apparatus to: receive an indication of the set of phase parameters.
Jian further teaches wherein the instructions to receive the control information are executable by the at least one processor to cause the apparatus to: receive an indication of the set of phase parameters. ([0048] the controller 204 may be configured to determine and/or set any of various communication parameters associated with receiving incident signals).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Jian to the teaching of Jung and Takahashi. The motivation for such an addition would be to provide improvement in a wireless communication system via intelligent reflecting devices ([0027] Jian)
Regarding Claim 3,
Jung and Takahashi teach the apparatus of claim 1,
Jung and Takahashi does not explicitly teaches wherein the instructions to receive the control information are executable by the at least one processor to cause the apparatus to: receive an indication of an angular direction for determining of the set of phase parameters.
Jian further teaches wherein the instructions to receive the control information are executable by the at least one processor to cause the apparatus to: receive an indication of an angular direction for determining of the set of phase parameters ([0069] angle information associated with a given second node may include or indicate one or more angles of incidence or arrival. The one or more angles may include or be characterized as an angle spread or an angular region).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Jian to the teaching of Jung and Takahashi. The motivation for such an addition would be to provide improvement in a wireless communication system via intelligent reflecting devices ([0027] Jian)
Regarding Claim 4,
Jung and Takahashi and Jian teach the apparatus of claim 1,
Jung and Takahashi does not explicitly teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: receive an indication of the distance information, wherein determining the set of phase parameters is based at least in part on the distance information ([0076] a communication parameter includes location information the second nodes).
Jian further teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: receive an indication of the distance information, wherein determining the set of phase parameters is based at least in part on the distance information ([0076] a communication parameter includes location information the second nodes).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Jian to the teaching of Jung and Takahashi. The motivation for such an addition would be to provide improvement in a wireless communication system via intelligent reflecting devices ([0027] Jian).
Claims [17 and 18] apparatus for wireless communications at a network entity and Claims [29] method are rejected under the same reasoning as claims [2-4] apparatus for wireless communications at a reconfigurable intelligent surface, where Jung teaches both apparatus and method for wireless communications at a reconfigurable intelligent surface and network entity ((fig. 1) and [0002] and [0012])
Claim(s) 5 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung and Takahashi and further in view of Dutta (US 20230199767 A1) hereinafter Dutta
Regarding Claim 5,
Jung and Takahashi teach the apparatus of claim 1,
Jung and Takahashi do not explicitly teach wherein the instructions to receive the control information are executable by the at least one processor to cause the apparatus to: receive downlink control information or a radio resource control message comprising the control information.
Dutta teaches wherein the instructions to receive the control information are executable by the at least one processor to cause the apparatus to: receive downlink control information or a radio resource control message comprising the control information ([0107] the wireless communication device includes the assisting device, and wherein the assisting device includes at least one of a relay, a repeater, or a reconfigurable intelligent surface ... ) and ([0090] the base station may transmit assisting node control information to the assisting node ...the assisting node control information may be transmitted via downlink control information (DCI), such as with an assisting node indication. In some aspects, the assisting node control information may be transmitted via an RRC message) ).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Dutta to the teaching of Jung and Takahashi. The motivation for such an addition would be to improve utilization of the assisting device ([0080] Dutta).
Claim 19 apparatus for wireless communications at a network entity is/are rejected under the same reasoning as claim 5 apparatus for wireless communications at a reconfigurable intelligent surface, where Jung teaches both apparatus and method for wireless communications at a reconfigurable intelligent surface and network entity ((fig. 1) and [0002] and [0012])
Claims 6-13, 15-16 and 20-27 are rejected under 35 U.S.C. 103 as being unpatentable Jung and Takahashi and further in view of Yao (US12294436B2) hereinafter Yao.
Regarding Claim 6,
Jung and Takahashi teach the apparatus of claim 1,
Jung and Takahashi do not explicitly teach wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine that the distance information is available, wherein the focusing distance is based at least in part on the available distance information, and wherein the set of phase parameters is based at least in part on a first link between the reconfigurable intelligent surface and the UE being served via beam focusing in accordance with the focusing distance.
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to determine that the distance information is available, wherein the focusing distance is based at least in part on the available distance information (column 1 Row 35-60, this application provide a method and an apparatus for determining an operation mode, a device, and a storage medium… a method for determining an operation mode … determining first information, where the first information is at least one of position information and positioning error information of a target terminal … (column 7 row 12-19 )In some implementations, the position information includes at least one of the following: a distance from a target reference object; an angle; an altitude; and a latitude and longitude);
and wherein the set of phase parameters is based at least in part on a first link between the reconfigurable intelligent surface and the UE being served via beam focusing in accordance with the focusing distance (col 6 row 49- 65, the communication link assisted by the first device with the target terminal; and determining the first information based on the communication link assisted by the first device … operation mode is associated …a beamforming mode of a reflected signal or a refracted signal of a first device).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 7,
Jung and Takahashi and Yao teach the apparatus of claim 6,
Jung and Takahashi do not explicitly teach wherein the instructions are further executable by the at least one processor to cause the apparatus to determine a distance between the network entity and the reconfigurable intelligent surface based at least in part on the available distance information wherein the focusing distance is based at least in part on whether the distance satisfies a distance threshold
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to determine a distance between the network entity and the reconfigurable intelligent surface based at least in part on the available distance information (column 7, row 14-23, In some implementations, the position information includes at least one of the following: a distance from a target reference object ....The target reference object is a network device, a first device, or another reference object)
wherein the focusing distance is based at least in part on whether the distance satisfies a distance threshold ((column 8 row 9 - 15) receiving second signaling sent by the network side device when the positioning error is greater than a preset threshold).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 8,
Jung and Takahashi and Yao teach the apparatus of claim 6,
Jung and Takahashi do not explicitly teach wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine whether an accuracy of the available distance information satisfies an accuracy threshold, wherein the set of phase parameters is based at least in part on whether the accuracy satisfies the accuracy threshold.
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine whether an accuracy of the available distance information satisfies an accuracy threshold, wherein the set of phase parameters is based at least in part on whether the accuracy satisfies the accuracy threshold. (column 11, row 50 – column12 row 15, table 1, table 2, 4. The network side device obtains the position information and positioning error information of the UE, the position information includes a distance, an angle, and the like, and the positioning error information is at least one of the following: current positioning technology, positioning quality information or other information that directly or indirectly reflects positioning accuracy).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 9,
Jung and Takahashi and Yao teach the apparatus of claim 8,
Jung and Takahashi do not explicitly teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine that the accuracy of the available distance information satisfies the accuracy threshold, wherein the set of phase parameters is based at least in part on a second link between the network entity and the reconfigurable intelligent surface being served via beam focusing in accordance with the available distance information.
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine that the accuracy of the available distance information satisfies the accuracy threshold, wherein the set of phase parameters is based at least in part on a second link between the network entity and the reconfigurable intelligent surface being served via beam focusing in accordance with the available distance information (column 11,row 35– column12 row 15, fig. 9, table 1, table 2, 3. The network side device and the UE finish a positioning process through the link 1.
4. The network side device obtains the position information and positioning error information of the UE, the position information includes a distance, an angle, and the like, and the positioning error information is at least one of the following: current positioning technology, positioning quality information or other information that directly or indirectly reflects positioning accuracy).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding claim 10,
Jung and Takahashi and Yao teach the apparatus of claim 8,
Jung and Takahashi do not explicitly teach wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine that the accuracy of the available distance information fails to satisfy the accuracy threshold, wherein the set of phase parameters is based at least in part on a second link between the network entity and the reconfigurable intelligent surface being served via beamforming
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine that the accuracy of the available distance information fails to satisfy the accuracy threshold, wherein the set of phase parameters is based at least in part on a second link between the network entity and the reconfigurable intelligent surface being served via beamforming (column 11, row 35– column12 row 15, fig. 9, table 1, table 2, 5. The position information is obtained by one or more of GNSS, RFID, UWB, Bluetooth, Wi-Fi, mobile network-based positioning technologies or other related positioning technologies.
(a) If the positioning error is less than or equal to a preset threshold, such as a size of a grid range, m pieces of possible position information of the UE is corresponding to a grid. As shown in FIG. 5, a mapping table between the grid and the RIS forwarding phase pattern is established. As shown in Table 1, the network side device determines the RIS forwarding phase pattern based on the position information of the UE according to Table 1, delivers a control command to the RIS to obtain an RIS narrow forwarding beam with stronger directivity, thus increasing the gain of the link 1.
(b) If the positioning error is greater than a preset threshold, such as a size of a grid range, one piece of position information of the UE is corresponding to m grids. As shown in FIG. 5, a mapping table between the grid and the RIS forwarding phase pattern is established. As shown in Table 2, the network side device determines the m RIS forwarding phase patterns based on the position information of the UE according to Table 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 11,
Jung and Takahashi and Yao teach the apparatus of claim 8,
Jung and Takahashi do not explicitly teach wherein the instructions are further executable by the at least one processor to cause the apparatus to determine a distance between the network entity and the reconfigurable intelligent surface based at least in part on the available distance information, wherein the accuracy threshold is based at least in part on the determined distance.
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to determine a distance between the network entity and the reconfigurable intelligent surface based at least in part on the available distance information, wherein the accuracy threshold is based at least in part on the determined distance (column 11, row 35– column12 row 15, fig. 9, table 1, table 2, Preset threshold, such as a size of a grid range, m pieces of possible position information of the UE is corresponding to a grid).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 12,
Jung and Takahashi teach the apparatus of claim 1,
Jung and Takahashi do not explicitly teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to determine that the distance information is unavailable, wherein the focusing distance is based at least in part on the distance information being unavailable, and wherein the set of phase parameters is based at least in part on a first link between the reconfigurable intelligent surface and the UE being served via beam focusing in accordance with the focusing distance and a second link between the network entity and the reconfigurable intelligent surface being served via beamforming.
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to determine that the distance information is unavailable, wherein the focusing distance is based at least in part on the distance information being unavailable, and wherein the set of phase parameters is based at least in part on a first link between the reconfigurable intelligent surface and the UE being served via beam focusing in accordance with the focusing distance and a second link between the network entity and the reconfigurable intelligent surface being served via beamforming. (FIG. 9, 1. There is no communication link without RIS assistance between the network side device and the UE, as shown in FIG. 9.
2. The network side device respectively delivers, based on the determined n RIS wide forwarding beams and corresponding RIS forwarding phase patterns, control commands corresponding to the n forwarding phase patterns and corresponding beam information, such as SSB, to the RIS, and the UE measures beams corresponding to different patterns, such as selecting a pattern corresponding to the optimal beam based on RSRP to finish wide beam search and establish the communication link 1 assisted by the RIS.
3. The network side device and the UE finish a positioning process through the link 1.)
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 13,
Jung and Takahashi teach the apparatus of claim 1,
Jung and Takahashi do not explicitly teach wherein the focusing distance is based at least in part on one or more parameters associated with the reconfigurable intelligent surface, one or more parameters associated with the communications from the network entity, or a geometry of an incident and reflected angle pair, or any combination thereof.
Yao teaches wherein the focusing distance is based at least in part on one or more parameters associated with the reconfigurable intelligent surface, one or more parameters associated with the communications from the network entity (col 7 row 46-67, fig. 2, Step 201. Receive first signaling sent by a network side device, where the first signaling carries at least one first operation mode, the at least one first operation mode is determined by the network side device based on first information, and the first information is at least one of position information and positioning error information of a target terminal) or a geometry of an incident and reflected angle pair, or any combination thereof.
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 15
Jung and Takahashi teach the apparatus of claim 14,
Jung and Takahashi do not explicitly teach wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine the set of phase parameters for the reconfigurable intelligent surface based at least in part on the determined availability of the distance information.
Yao teaches wherein the instructions are further executable by the at least one processor to cause the apparatus to: determine the set of phase parameters for the reconfigurable intelligent surface based at least in part on the determined availability of the distance information. (column 10 row 20-35, the network side device determines the RIS forwarding phase pattern based on the position information of the UE according to Table 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Regarding Claim 16
Jung and Takahashi and Yao teach the apparatus of claim 15,
Jung and Takahashi do not explicitly teach wherein the instructions to output the control information are executable by the at least one processor to cause the apparatus to: output an indication of the determined set of phase parameters.
Yao teaches wherein the instructions to output the control information are executable by the at least one processor to cause the apparatus to: output an indication of the determined set of phase parameters (column 8 row 54 – 65, fig.3, Step 301. Receive fifth signaling sent by the network side device, where the fifth signaling carries, information instructing the target terminal to perform beam measurement. Step 302. Perform beam measurement based on the fifth signaling).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teaching of Yao to the teaching of Jung and Takahashi. The motivation for such an addition would be to reduce training overhead of the device, and the performance of the communications system is improved (col 8 row 50-53, Yao).
Claims [20-27] apparatus for wireless communications at a network entity is/are rejected under the same reasoning as claims [6-13] apparatus for wireless communications at a reconfigurable intelligent surface, where Jung teaches both apparatus and method for wireless communications at a reconfigurable intelligent surface and network entity ((fig. 1) and [0002] and [0012])
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN T NGUYEN whose telephone number is (571)272-6178. The examiner can normally be reached 8:00 AM - 5:00 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman A Abaza can be reached at (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VAN TA NGUYEN/Examiner, Art Unit 2465
/YEE F LAM/Primary Examiner, Art Unit 2465