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 .
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Regarding claims 1, 12, 13, 23, 25-26, and 28, Applicant argues Liu does not teach ‘…receive, from the network node, a non-linearity (NL) indication that is based on the SNR indication, wherein the NL indication indicates an activation or a deactivation of NL cancelation for the UE…’ Examiner disagrees. During prosecution, claims must be given their broadest reasonable interpretation while reading claim language in light of the specification as it would be interpreted by one of ordinary skill in the art. In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004). In construing the meaning of claims terms, caution must be taken not to import limitations from the specification as “[i]t is the claims that measure the invention.” See SRI Int’l v. Matsushita Elec. Corp. of Am., 775 F.2d 1107, 1121 (Fed. Cir. 1985) (en banc) (citations omitted). Applicant’s argument comes down to what does ‘for’ in context of ‘NL cancelation for the UE’ mean. According to the Merriam-Webster’s Dictionary, ‘for’ is defined as to indicate purpose or to indicate an intended goal. Liu discloses wherein the base station sends a second indication signal to indicate to the terminal (UE) whether linear precoding or non-linear precoding is activated at the base station. (See Liu para. 81, fig. 4) This precoding scheme is for interference cancellation for signals sent from the base station to the terminal (UE). (See Liu para. 99) The terminal needs to know about whether the precoding scheme is activated or not in order to apply processing on the received signal to properly decode. In other words, the interference cancellation is for the UE. Applicant is attempting to import into the claims that the interference cancellation is performed by the UE. However, this is not in these claims. Therefore, Applicant’s arguments are not persuasive because Applicant is attempting to import limitations into the claim while ignoring the plain meaning of the claims.
Regarding claims 2-4, 7, 10, 14, 27, 29, and 30, Applicant argues based upon dependency. Please see arguments above and rejections below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (2022/0006495).
Regarding claim 1, Liu discloses an apparatus for wireless communication at a user equipment (UE), comprising:
at least one memory; and
at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor is configured to: (See Liu fig. 18, para. 178, 179, 181; terminal/smartphone (e.g. UE) with a processor executing an algorithm stored in memory which communicates wirelessly (e.g. for wireless communication))
transmit to a network node, a signal-to-noise ratio (SNR) indication for at least one signal associated with the network node; (See Liu fig. 13B; vertical/horizontal CSI feedback sent from terminals (e.g. UEs) to base station (e.g. a network node); para. 148; terminals detect SINR (e.g. SNR) for CSI-RSs (e.g. one signal associated with network node); see also fig. 4; para. 90-91)
receive, from the network node, a non-linearity (NL) indication that is based on the SNR indication, wherein the NL indication indicates an activation or a deactivation of NL cancelation for the UE; and (See Liu para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated))
demodulate data based on the NL indication. (See Liu fig. 4, para. 96; data demodulation based upon the second indication signal; para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated))
Regarding claim 12, Liu discloses the apparatus of claim 1, further comprising at least one transceiver coupled to the at least one processor, wherein the at least one processor is configured to: (See Liu fig. 18; radio communication unit with hardware for transmitting and receiving)
transmit the SNR indication via the transceiver for the at least one signal associated with the network node; and (See Liu fig. 13B; vertical/horizontal CSI feedback (e.g. SNR indication) sent from terminals (e.g. UEs) to base station (e.g. a network node); para. 148; terminals detect SINR (e.g. SNR) for CSI-RSs (e.g. one signal associated with network node); see also fig. 4; para. 90-91)
receive the NL indication via the transceiver. (See Liu para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated))
Claim Rejections - 35 USC § 103
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0006495), and further in view of Islam (2017/0245259).
Regarding claim 2, Liu discloses the apparatus of claim 1, wherein to receive the NL indication, the at least one processor is configured to receive the NL indication using RRC. (See Liu para. 91; second indication is sent using RRC) Liu does not explicitly disclose wherein a control signal is sent using a physical downlink control channel (PDCCH). However, Islam does disclose wherein a control signal is sent using a physical downlink control channel (PDCCH). (See Islam para. 239; send control indication information via PDCCH) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Liu to include the teaching of wherein a control signal is sent using a physical downlink control channel (PDCCH) of Islam with the motivation being to increase speed and efficiency by using a lower-layer that handles time-sensitive, dynamic scheduling information and further to reduce latency by allowing for rapid resource allocation and feedback and further to reduce overhead because PDCCH via DCI is fixed-size messages that are highly optimized for efficiency and further it is dynamic and flexible because PDCCH supports making decisions on a subframe-by-subframe or slot-by-slot basis and further using the PDCCH is more reliable as it uses different aggregation levels to make transmission more robust for devices experiencing poor channel conditions.
Regarding claim 3, Liu discloses the apparatus of claim 1, wherein the at least one processor is further configured to: receive the data, from the network node. (See Liu fig. 4, para. 96; base station sends data to terminals) Liu does not explicitly disclose using a physical downlink shared channel (PDSCH). However, Islam does disclose using a physical downlink shared channel (PDSCH). (See Islam para. 54; BS sends data using PDSCH) Therefore it would have been obvious to modify the apparatus of Liu to include the teaching of using a physical downlink shared channel (PDSCH) of Islam with the motivation being to conform to the 3GPP suite of standards which saves time and money and further to boost capacity, speed and reliability by dynamically adapting to changing conditions and further to increase performance and throughput by allowing for massive MIMO, high-order modulation, and/or dynamic scheduling and further to improve coverage and reliability by allowing for multiple TRPs, flexible repetition, and HARQ and further to enhance efficiency and adaptability by allowing for flexible resource mapping, frequency diversity, and support for system information and further to reduce signaling overhead by using codebook based beamforming and embedded reference signals.
Claim Rejections - 35 USC § 103
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.
Claims 4, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0006495), and further in view of Gutman (2021/0119682).
Regarding claim 4, Liu discloses the apparatus of claim 1, wherein the NL indication indicates the activation of the NL cancelation for the UE. Liu does not explicitly disclose wherein to demodulate the data, the at least one processor, individually or in any combination, is configured to: demodulate the data based on digital post-distortion (DPoD) processing at the UE. However, Gutman does disclose wherein to demodulate the data, the at least one processor, individually or in any combination, is configured to: demodulate the data based on digital post-distortion (DPoD) processing at the UE. (See Gutman para. 29-30; DPoD processing for NL distortion at UE) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Liu to include the teaching of wherein to demodulate the data, the at least one processor, individually or in any combination, is configured to: demodulate the data based on digital post-distortion (DPoD) processing at the UE of Gutman with the motivation being to enhance power amplifier efficiency and further to compensate for distortions from multiple sources and further to allow for flexibility with adaptive schemes and further to support future wideband systems and further to avoid the need for complex, power-hungry feedback processing at the transmitter.
Regarding claim 7, Liu discloses the apparatus of claim 1, wherein the NL indication is also based on at least one of a NL distortion level at the network node or a thermal noise level at the network node that are associated with at least one power amplifier (PA) of the network node. However, Gutman does disclose wherein the NL indication is also based on at least one of a NL distortion level at the network node or a thermal noise level at the network node that are associated with at least one power amplifier (PA) of the network node. (See Gutman para. 29-30; DPoD processing for NL distortion at UE based upon NL distortion caused by transmitter (e.g. it has a certain amount or level); see also para. 95; thermal noise) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Liu to include the teaching of wherein the NL indication is also based on at least one of a NL distortion level at the network node or a thermal noise level at the network node that are associated with at least one power amplifier (PA) of the network node of Gutman with the motivation being the motivation being to enhance power amplifier efficiency and further to compensate for distortions from multiple sources and further to allow for flexibility with adaptive schemes and further to support future wideband systems and further to avoid the need for complex, power-hungry feedback processing at the transmitter.
Regarding claim 10, Liu in view of Gutman discloses the apparatus of claim 7, wherein the NL indication indicates the deactivation of the NL cancelation for the UE based on an SNR that corresponds to the SNR indication meeting a threshold condition; or
wherein the NL indication indicates the activation of the NL cancelation for the UE based on the SNR that corresponds to the SNR indication failing to meet the threshold condition. (See Liu para. 93; if SINR (e.g. SNR) is less than a set threshold (e.g. failing to meet) the non-linear processing is used (e.g. it is activated))
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 13, 23, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (2022/0006495).
Regarding claim 13, Liu discloses an apparatus for wireless communication at a network node, comprising:
at least one memory; and
at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor is configured to: (See Liu fig. 16, para. 164-165; base station (e.g. network node) including a controller (e.g. processor) executing algorithms stored in memory which communicates wirelessly)
receive, from a user equipment (UE), a signal-to-noise ratio (SNR) indication for at least one signal associated with the network node; and (See Liu fig. 13B; vertical/horizontal CSI feedback sent from terminals (e.g. UEs) to base station (e.g. a network node); para. 148; terminals detect SINR (e.g. SNR) for CSI-RSs (e.g. one signal associated with network node); see also fig. 4; para. 90-91)
transmit to the UE, a non-linearity (NL) indication that is based on at least one of the SNR indication, a NL distortion level associated with the network node, or a thermal noise level associated with the network node, wherein the NL indication indicates an activation or a deactivation of NL cancelation for the UE. (See Liu para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated); para. 148; NL indication is based upon SINR of CSI-RS)
Regarding claim 23, Liu discloses the apparatus of claim 13, wherein the NL indication indicates the deactivation of the NL cancelation for the UE based on an SNR that corresponds to the SNR indication meeting a threshold condition; or
wherein the NL indication indicates the activation of the NL cancelation for the UE based on the SNR that corresponds to the SNR indication failing to meet the threshold condition. (See Liu para. 93; if SINR (e.g. SNR) is less than a set threshold (e.g. failing to meet) the non-linear processing is used (e.g. it is activated))
Regarding claim 25, Liu discloses the apparatus of claim 13, further comprising at least one transceiver coupled to the at least one processor, wherein the at least one processor is configured to: (See Liu fig. 18; radio communication unit with hardware for transmitting and receiving)
receive the SNR indication for the at least one signal associated with the network node; and (See Liu fig. 13B; vertical/horizontal CSI feedback (e.g. SNR indication) sent from terminals (e.g. UEs) to base station (e.g. a network node); para. 148; terminals detect SINR (e.g. SNR) for CSI-RSs (e.g. one signal associated with network node); see also fig. 4; para. 90-91)
provide the NL indication. (See Liu para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated))
Claim Rejections - 35 USC § 103
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0006495), and further in view of Gutman (2021/0119682).
Regarding claim 14, Liu discloses the apparatus of claim 13. Liu does not explicitly disclose wherein at least one of the NL distortion level at the network node or the thermal noise level at the network node are associated with at least one power amplifier (PA) of the network node. However, Gutman does disclose wherein at least one of the NL distortion level at the network node or the thermal noise level at the network node are associated with at least one power amplifier (PA) of the network node. (See Gutman para. 29-30; non-linear distortion caused by transmitter, network entity, base station (e.g it has a certain amount or level)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Liu to include the teaching of wherein at least one of the NL distortion level at the network node or the thermal noise level at the network node are associated with at least one power amplifier (PA) of the network node of Gutman with the motivation being to enhance power amplifier efficiency and further to compensate for distortions from multiple sources and further to allow for flexibility with adaptive schemes and further to support future wideband systems and further to avoid the need for complex, power-hungry feedback processing at the transmitter.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (2022/0006495).
Regarding claim 26, Liu discloses a method of wireless communication at a user equipment (UE), comprising: (See Liu fig. 18, para. 178, 179, 181; terminal/smartphone (e.g. UE) with a processor executing an algorithm stored in memory which communicates wirelessly (e.g. for wireless communication))
Transmitting, to a network node, a signal-to-noise ratio (SNR) indication for at least one signal associated with the network node; (See Liu fig. 13B; vertical/horizontal CSI feedback sent from terminals (e.g. UEs) to base station (e.g. a network node); para. 148; terminals detect SINR (e.g. SNR) for CSI-RSs (e.g. one signal associated with network node); see also fig. 4; para. 90-91)
receiving, from the network node, a non-linearity (NL) indication that is based on the SNR indication, wherein the NL indication indicates an activation or a deactivation of NL cancelation for the UE; and (See Liu para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated))
demodulating data based on the NL indication. (See Liu fig. 4, para. 96; data demodulation based upon the second indication signal; para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated))
Claim Rejections - 35 USC § 103
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.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0006495), and further in view of Gutman (2021/0119682).
Regarding claim 27, Liu discloses the method of claim 26, wherein the NL indication indicates the activation of the NL cancelation for the UE. Liu does not explicitly disclose wherein demodulating the data includes: demodulating the data based on digital post-distortion (DPoD) processing at the UE. However, Gutman does disclose wherein demodulating the data includes: demodulating the data based on digital post-distortion (DPoD) processing at the UE. (See Gutman para. 29-30; DPoD processing for NL distortion at UE) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Liu to include the teaching of wherein demodulating the data includes: demodulating the data based on digital post-distortion (DPoD) processing at the UE of Gutman with the motivation being to enhance power amplifier efficiency and further to compensate for distortions from multiple sources and further to allow for flexibility with adaptive schemes and further to support future wideband systems and further to avoid the need for complex, power-hungry feedback processing at the transmitter.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 28 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (2022/0006495).
Regarding claim 28, Liu discloses a method of wireless communication at a network node, comprising: (See Liu fig. 16, para. 164-165; base station (e.g. network node) including a controller (e.g. processor) executing algorithms stored in memory which communicates wirelessly)
receiving, from a user equipment (UE), a signal-to-noise ratio (SNR) indication for at least one signal associated with the network node; and (See Liu fig. 13B; vertical/horizontal CSI feedback sent from terminals (e.g. UEs) to base station (e.g. a network node); para. 148; terminals detect SINR (e.g. SNR) for CSI-RSs (e.g. one signal associated with network node); see also fig. 4; para. 90-91)
transmitting, to the UE, a non-linearity (NL) indication that is based on at least one of the SNR indication, a NL distortion level associated with the network node, or a thermal noise level associated with the network node, wherein the NL indication indicates an activation or a deactivation of NL cancelation for the UE. (See Liu para. 91; terminals receive a second indication signal which includes a bit to indicate non-linear precoding or linear precoding (e.g. activated or deactivated); para. 148; NL indication is based upon SINR of CSI-RS)
Claim Rejections - 35 USC § 103
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.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0006495), and further in view of Gutman (2021/0119682).
Regarding claim 29, Liu discloses the method of claim 28. Liu does not explicitly disclose wherein at least one of the NL distortion level at the network node or the thermal noise level at the network node are associated with at least one power amplifier (PA) of the network node; or wherein the method further comprises: obtaining an initial NL distortion level associated with the network node; and obtaining the thermal noise level associated with the network node based on the initial NL distortion level and the SNR indication. However, Gutman does disclose wherein at least one of the NL distortion level at the network node or the thermal noise level at the network node are associated with at least one power amplifier (PA) of the network node; or wherein the method further comprises: obtaining an initial NL distortion level associated with the network node; and obtaining the thermal noise level associated with the network node based on the initial NL distortion level and the SNR indication. (See Gutman para. 29-30; non-linear distortion caused by transmitter, network entity, base station (e.g. it has a certain amount or level)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the apparatus of Liu to include the teaching of at least one of the NL distortion level at the network node or the thermal noise level at the network node are associated with at least one power amplifier (PA) of the network node; or wherein the method further comprises: obtaining an initial NL distortion level associated with the network node; and obtaining the thermal noise level associated with the network node based on the initial NL distortion level and the SNR indication of Gutman with the motivation being to enhance power amplifier efficiency and further to compensate for distortions from multiple sources and further to allow for flexibility with adaptive schemes and further to support future wideband systems and further to avoid the need for complex, power-hungry feedback processing at the transmitter.
Claim Rejections - 35 USC § 103
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.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (2022/0006495), and further in view of Gutman (2021/0119682) and further in view of Wang (2023/0253995).
Regarding claim 30, Liu in view of Gutman discloses the method of claim 29. Liu in view of Gutman does not explicitly disclose wherein the NL distortion level is configured for the network node; or wherein the method further comprises: calculating the NL distortion level based on the initial NL distortion level and the thermal noise level, wherein calculating the NL distortion level comprises comparing, for the at least one power amplifier (PA) of the network node, a digital representation of a transmission signal prior to power amplification with an analog representation of a power amplified output using a feedback chain. However, Wang does disclose wherein the NL distortion level is configured for the network node; or wherein the method further comprises: calculating the NL distortion level based on the initial NL distortion level and the thermal noise level, wherein calculating the NL distortion level comprises comparing, for the at least one power amplifier (PA) of the network node, a digital representation of a transmission signal prior to power amplification with an analog representation of a power amplified output using a feedback chain. (See Wang para. 17; DPD, digital pre-distortion, coefficients are calculated (e.g. the NL distortion level is configured)) Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Liu in view of Gutman to include the teaching of wherein the NL distortion level is configured for the network node; or wherein the method further comprises: calculating the NL distortion level based on the initial NL distortion level and the thermal noise level, wherein calculating the NL distortion level comprises comparing, for the at least one power amplifier (PA) of the network node, a digital representation of a transmission signal prior to power amplification with an analog representation of a power amplified output using a feedback chain of Wang with the motivation being to allow the power amplifier to operate in the most efficient region without causing signal distortion and further to allow for significant power savings and further to enhance signal quality and linearity by reducing distortion, minimizing spectral regrowth, and lowering error vector magnitude and further flexible by providing adaptability and supports wideband signaling found in 5G and 6G 3GPP networks.
Allowable Subject Matter
Claims 5-6, 8-9, 11, 15-22, 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. 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 STEPHEN J CLAWSON whose telephone number is (571)270-7498. The examiner can normally be reached M-F 7:30-5:00 pm est.
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/Stephen J Clawson/Primary Examiner, Art Unit 2461