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 .
This Office Action is in response to communications filed on 9/28/2023.
Claims 1-20 are pending and presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/27/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
Several of the claims in the present application recite Markush groups in the format of “at least one of A or B” (see MPEP §2117). For the purpose of this review, the examiner is interpreting these Markush claims as a single element selection from a closed group of elements consisting of alternatives A or B.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-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.
Claim 9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "receive, in the one or more second consecutive time slots, the one or more second sidelink transmissions". There is insufficient antecedent basis for this limitation in the claim. Claim 9 is an independent claim that does not previously define “the one or more second consecutive time slots, the one or more second sidelink transmissions”. For the purpose of this review examiner is interpreting this limitation as "receive, in one or more second consecutive time slots, one or more second sidelink transmissions".
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 8-14 & 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0349344)(herein after “Wang”) in view of Lei et al. (US 2025/0274911)(herein after “Lei”).
Regarding claim 1, Wang discloses a first wireless device comprising: one or more processors ([0005] discloses a first node that may be a sidelink capable UE (herein after the “first UE”). [0031] discloses that the first UE may comprise at least one processor.); and
memory storing instructions that, when executed by the one or more processors ([0031] discloses a non-transitory computer readable medium (i.e. memory) that contains instructions that can be executed by the at least one processors.), cause the first wireless device to:
receive, from a second wireless device, one or more first sidelink transmissions in a resource pool (Fig 3 & [0127]-[0129] disclose a first UE 102 receiving from a second UE 101 a SL transmission within a COT. [0010] discloses that the COT may be based on a sidelink grant from a resource pool.);
determine, based on one or more second sidelink transmissions in the resource pool being overlapped in the time domain, to skip a listen-before-talk (LBT) based channel access procedure for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation. [0184] discloses that multiple UEs may use the medium/channel at the same time period (i.e. the first SL transmission from the second UE 101 may overlap in time with the second SL transmission from the first UE 102.); and
transmit, based on the determining, the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines and transmits a second SL transmission within the COT.).
Wang fails to disclose wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots.
However, Lei teaches wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots ([0051] discloses that UE sidelink transmissions may be in multiple consecutive slots without any transmission gap.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a first wireless device receive, from a second wireless device, one or more first sidelink transmissions in a resource pool; determine, based on one or more second sidelink transmissions in the resource pool being overlapped in the time domain, to skip a listen-before-talk (LBT) based channel access procedure for the one or more second sidelink transmissions; and transmit, based on the determining, the one or more second sidelink transmissions, as disclosed by Wang, wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots, as taught by Lei. The motivation to do so would be to have a first wireless device in COT sharing with a second wireless device, that can perform a second sidelink transmission to the second wireless device overlapping in time with receiving a first sidelink transmission within the COT from the second wireless device, but using different frequency resources than the received first sidelink transmission, without using LBT, in order to more optimally utilize frequency resources during the COT without introducing LBT delays.
Regarding claim 2, Wang discloses wherein the instructions further cause the first wireless device to determine, based on the one or more first sidelink transmissions and the one or more second sidelink transmissions comprising different resource blocks (RBs) in the resource pool, to skip the LBT based channel access procedure for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation. [0184] discloses that multiple UEs may use the medium/channel at the same time period using different frequency resources (i.e. the first SL transmission from the second wireless device may use a first set of RBs and overlap in time with the second SL transmission using a different set of RBs from the first wireless device.).).
Regarding claim 3, Wang discloses wherein the one or more second consecutive time slots and the one or more first consecutive time slots are within a channel occupancy time (COT) duration (Fig 3 & [0129] discloses that the first and second sidelink transmissions (each transmitted in consecutive slots as discussed above for claim 1) are within a COT.).
Regarding claim 4, Wang discloses wherein the second wireless device initiates the COT based on a LBT success of the one or more first consecutive time slots (Fig 3 & [0129] discloses that second UE 101 requests and occupies a COT after LBT operation has succeeded for the first SL transmission (which may be in consecutive slots as discussed for claim 1).).
Regarding claim 5, Wang discloses wherein the one or more first sidelink transmissions indicate COT sharing information of the COT (fig 3 & [0129] discloses that shared COT information is signaled by second UE 101 to first UE 102 (i.e. through the first sidelink transmission).).
Regarding claim 6, Wang discloses wherein the COT sharing information of the COT comprises at least one of: a start time of the COT ([0147] discloses that the shared COT structure may contain information including the time when the COT starts.); or a length of the COT in units of time slots.
Regarding claim 8, Wang discloses wherein the instructions further cause the first wireless device to determine, based on the one or more second consecutive time slots and the one or more first consecutive time slots being within the COT duration, to skip the LBT based channel access procedure for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines that the second SL transmission may be transmitted without performing LBT operation after receiving the first SL transmission from the second UE 101 within the COT and determining that the second SL transmission can fit within the COT length signaled by the second UE 101. Thus, the determining to skip LBT by the first UE 102 would be based on the first SL transmission (transmitted in consecutive slots as discussed above for claim 1) and the second SL transmission (that would be transmitted in consecutive slots as discussed above for claim 1) being within the COT duration.).
Regarding claim 9, Wang discloses a second wireless device comprising: one or more processors ([0007] discloses a second node that may be a UE (herein after the “second UE”). [0031] discloses that the second UE may comprise at least one processor.); and
memory storing instructions that, when executed by the one or more processors ([0031] discloses a non-transitory computer readable medium (i.e. memory) that contains instructions that can be executed by the at least one processors.), cause the second wireless device to:
transmit, to a first wireless device, one or more first sidelink transmissions in a resource pool (Fig 3 & [0127]-[0129] disclose a second UE 101 transmitting to a first UE 102 a SL transmission within a COT. [0010] discloses that the COT may be based on a sidelink grant from a resource pool.); and
receive, the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines and transmits a second SL transmission within the COT that may be received by one of the neighboring UEs (e.g. Fig 3 shows two-way sidelink 131 transmission so a broadest reasonable interpretation is that the second SL transmission from first UE 102 may be received by second UE 101.).), wherein:
the one or more second sidelink transmissions, are overlapped in the time domain ([0184] discloses that multiple UEs may use the medium/channel at the same time period (i.e. the first SL transmission from the second UE 101 may overlap in time with the second SL transmission from the first UE 102.); and
a listen-before-talk (LBT) based channel access procedure is skipped for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation.).
Wang fails to disclose wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots.
However, Lei teaches wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots ([0051] discloses that UE sidelink transmissions may be in multiple consecutive slots without any transmission gap.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a second wireless device transmit, to a first wireless device, one or more first sidelink transmissions in a resource pool; receive one or more second sidelink transmissions, wherein: the one or more second sidelink transmissions, are overlapped in time domain with the one or more first sidelink transmissions; and a listen-before-talk (LBT) based channel access procedure is skipped for the one or more second sidelink transmissions, as disclosed by Wang, wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots, as taught by Lei. The motivation to do so would be to have a second wireless device in COT sharing with a first wireless device, that can receive a second sidelink transmission from the first wireless device overlapping in time with transmitting a first sidelink transmission within the COT from the second wireless device, but using different frequency resources than the transmitted first sidelink transmission, without use of LBT, in order to more optimally utilize frequency resources during the COT without introducing LBT delays.
Regarding claim 10, Wang discloses wherein the skipping of the LBT based channel access procedure for the one or more second sidelink transmissions is based on the one or more first sidelink transmissions and the one or more second sidelink transmissions comprising different resource blocks (RBs) in the resource pool (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation. [0184] discloses that multiple UEs may use the medium/channel at the same time period using different frequency resources (i.e. the first SL transmission from the second wireless device may use a first set of RBs and overlap in time with the second SL transmission using a different set of RBs from the first wireless device.).).
Regarding claim 11, Wang discloses wherein the one or more second consecutive time slots and the one or more first consecutive time slots are within a channel occupancy time (COT) duration (Fig 3 & [0129] discloses that the first and second sidelink transmissions (each transmitted in consecutive slots as discussed above for claim 1) are within a COT.).
Regarding claim 12, Wang discloses wherein the instructions further cause the second wireless device to initiate the COT based on a LBT success of the one or more first consecutive time slots (Fig 3 & [0129] discloses that second UE 101 requests and occupies a COT after LBT operation has succeeded for the first SL transmission (which may be in consecutive slots as discussed for claim 1).).
Regarding 13, Wang discloses wherein the one or more first sidelink transmissions indicate COT sharing information of the COT (fig 3 & [0129] discloses that shared COT information is signaled by second UE 101 to first UE 102 (i.e. through the first sidelink transmission).).
Regarding claim 14, Wang discloses wherein the COT sharing information of the COT comprises at least one of: a start time of the COT ([0147] discloses that the shared COT structure may contain information including the time when the COT starts.); or a length of the COT in units of time slots.
Regarding claim 16, Wang discloses wherein the skipping of the LBT based channel access procedure for the one or more second sidelink transmissions is based on the one or more second consecutive time slots and the one or more first consecutive time slots being within the COT duration (Fig 3 & [0127]-[0129] discloses that first UE 102 determines that the second SL transmission may be transmitted without performing LBT operation after receiving the first SL transmission from the second UE 101 within the COT and determining that the second SL transmission can fit within the COT length signaled by the second UE 101. Thus, the determining to skip LBT by the first UE 102 would be based on the first SL transmission (transmitted in consecutive slots as discussed above for claim 1) and the second SL transmission (that would be transmitted in consecutive slots as discussed above for claim 1) being within the COT duration.).
Regarding claim 17, Wang discloses a system comprising: a first wireless device comprising: one or more first processors (Fig 3 & [0127] disclose a communication system 300. [0005] discloses a first node that may be a sidelink capable UE (herein after the “first UE”). [0031] discloses that the first UE may comprise at least one processor.); and
memory storing first instructions that, when executed by the one or more first processors ([0031] discloses a non-transitory computer readable medium (i.e. memory) that contains instructions that can be executed by the at least one processors.), cause the first wireless device to:
receive, from a second wireless device, one or more first sidelink transmissions in a resource pool (Fig 3 & [0127]-[0129] disclose a first UE 102 receiving from a second UE 101 a SL transmission within a COT. [0010] discloses that the COT may be based on a sidelink grant from a resource pool.);
determine, based on one or more second sidelink transmissions in the resource pool being overlapped in the time domain, to skip a listen-before-talk (LBT) based channel access procedure for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation. [0184] discloses that multiple UEs may use the medium/channel at the same time period (i.e. the first SL transmission from the second UE 101 may overlap in time with the second SL transmission from the first UE 102.); and
transmit, based on the determining and the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines and transmits a second SL transmission within the COT.); and
the second wireless device comprising: one or more second processors ([0007] discloses a second node that may be a UE (herein after the “second UE”). [0031] discloses that the second UE may comprise at least one processor.); and
memory storing second instructions that, when executed by the one or more second processors ([0031] discloses a non-transitory computer readable medium (i.e. memory) that contains instructions that can be executed by the at least one processors.), cause the second wireless device to:
transmit, to the first wireless device, one or more first sidelink transmissions in a resource pool (Fig 3 & [0127]-[0129] disclose a second UE 101 transmitting to a first UE 102 a SL transmission within a COT. [0010] discloses that the COT may be based on a sidelink grant from a resource pool.); and
receive, the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines and transmits a second SL transmission within the COT that may be received by one of the neighboring UEs (e.g. Fig 3 shows two-way sidelink 131 transmission so a broadest reasonable interpretation is that the second SL transmission from first UE 102 may be received by second UE 101.).), wherein:
the one or more second sidelink transmissions, are overlapped in the time domain ([0184] discloses that multiple UEs may use the medium/channel at the same time period (i.e. the first SL transmission from the second UE 101 may overlap in time with the second SL transmission from the first UE 102.); and
a listen-before-talk (LBT) based channel access procedure is skipped for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation.).
Wang fails to disclose wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots.
However, Lei teaches wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots ([0051] discloses that UE sidelink transmissions may be in multiple consecutive slots without any transmission gap.).
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have a system wherein a first wireless device receives, from a second wireless device, one or more first sidelink transmissions in a resource pool; determines, based on one or more second sidelink transmissions in the resource pool being overlapped in the time domain, to skip a listen-before-talk (LBT) based channel access procedure for the one or more second sidelink transmissions; and transmits, based on the determining, the one or more second sidelink transmissions; and wherein a second wireless device transmits, to a first wireless device, one or more first sidelink transmissions in a resource pool; receives one or more second sidelink transmissions, wherein: the one or more second sidelink transmissions, are overlapped in time domain with the one or more first sidelink transmissions; and a listen-before-talk (LBT) based channel access procedure is skipped for the one or more second sidelink transmissions, as disclosed by Wang, wherein the one or more first sidelink transmissions are in one or more first consecutive time slots and the one or more second sidelink transmissions are in one or more second consecutive time slots, as taught by Lei. The motivation to do so would be to have a system wherein a first wireless device in COT sharing with a second wireless device, that can perform a second sidelink transmission to the second wireless device overlapping in time with receiving a first sidelink transmission within the COT from the second wireless device, but using different frequency resources than the received first sidelink transmission, without using LBT, in order to more optimally utilize frequency resources during the COT without introducing LBT delays.
Regarding claim 18, Wang discloses wherein the first instructions further cause the first wireless device to determine, based on the one or more first sidelink transmissions and the one or more second sidelink transmissions comprising different resource blocks (RBs) in the resource pool, to skip the LBT based channel access procedure for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines to initiate a second SL transmission within the COT without performing LBT operation. [0184] discloses that multiple UEs may use the medium/channel at the same time period using different frequency resources (i.e. the first SL transmission from the second wireless device may use a first set of RBs and overlap in time with the second SL transmission using a different set of RBs from the first wireless device.).).
Regarding claim 19, Wang discloses wherein the one or more second consecutive time slots and the one or more first consecutive time slots are within a channel occupancy time (COT) duration (Fig 3 & [0129] discloses that the first and second sidelink transmissions (each transmitted in consecutive slots as discussed above for claim 1) are within a COT.).
Regarding claim 20, Wang discloses wherein the first instructions further cause the first wireless device to determine, based on the one or more second consecutive time slots and the one or more first consecutive time slots being within the COT duration, to skip the LBT based channel access procedure for the one or more second sidelink transmissions (Fig 3 & [0127]-[0129] discloses that first UE 102 determines that the second SL transmission may be transmitted without performing LBT operation after receiving the first SL transmission from the second UE 101 within the COT and determining that the second SL transmission can fit within the COT length signaled by the second UE 101. Thus, the determining to skip LBT by the first UE 102 would be based on the first SL transmission (transmitted in consecutive slots as discussed above for claim 1) and the second SL transmission (that would be transmitted in consecutive slots as discussed above for claim 1) being within the COT duration.).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0349344)(herein after “Wang”) in view of Lei et al. (US 2025/0274911)(herein after “Lei”), as applied to claim 6, and further in view of Nam et al. (US 2020/0236711)(herein after “Nam”).
Regarding claim 7, Wang in view of Lei discloses the first wireless device of claim 6.
Wang fails to disclose wherein the length of the COT is at least one of: a maximum length of the COT in a time domain in units of time slots; or a remaining length of the COT in a time domain in units of time slots.
However, Nam further teaches wherein the length of the COT is at least one of: a maximum length of the COT in a time domain in units of time slots ([0104] discloses a maximum COT being shorter than a length which may be a slot length.); or a remaining length of the COT in a time domain in units of time slots.
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the first wireless device of claim 6, as disclosed by Wang in view of Lei, wherein the length of the COT is at least one of: a maximum length of the COT in a time domain in units of time slots; or a remaining length of the COT in a time domain in units of time slots, as further taught by Nam. The motivation to do so would be to have a first wireless device in COT sharing with a second wireless device, that can determine a length of the COT in units of time slots signaled from the second wireless device so that the first wireless device can determine if the length of a second SL transmission will fit within a maximum time period of the shared COT.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0349344)(herein after “Wang”) in view of Lei et al. (US 2025/0274911)(herein after “Lei”), as applied to claim 14, and further in view of Nam et al. (US 2020/0236711)(herein after “Nam”).
Regarding claim 15, Wang in view of Lei disclose the second wireless device of claim 14.
Wang fail to disclose wherein the length of the COT is at least one of: a maximum length of the COT in a time domain in units of time slots; or a remaining length of the COT in a time domain in units of time slots.
However, Nam further teaches wherein the length of the COT is at least one of: a maximum length of the COT in a time domain in units of time slots ([0104] discloses a maximum COT being shorter than a length which may be a slot length.); or a remaining length of the COT in a time domain in units of time slots.
Therefore, it would have been obvious to someone having ordinary skill in the art prior to the effective filing date of the claimed invention to have the first wireless device of claim 6, as disclosed by Wang in view of Lei, wherein the length of the COT is at least one of: a maximum length of the COT in a time domain in units of time slots; or a remaining length of the COT in a time domain in units of time slots, as further taught by Nam. The motivation to do so would be to have a second wireless device in COT sharing with a first wireless device, that can determine a length of the COT in units of time slots and signal the length of the COT to the first wireless device so that the first wireless device can determine if the length of a second SL transmission will fit within a maximum time period of the shared COT.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ganesan et al. (US 2025/0287421) discloses Sidelink LBT Type Indication for UE to UE COT Sharing.
Chen et al. (US 2025/0240814) discloses Sidelink Channel Occupancy Time Sharing Resource Awareness.
Chien et al. (US 2025/0227755) discloses a Wireless Communication Method, User Equipment, and Base Station.
Guo et al. (US 2024/0205977) discloses Pre-Collision Signaling on Inter-UE Coordination Resources.
Babaei et al. (US 2024/0073947) discloses Channel Occupancy Time (COT) Acquisition and Sharing in Unlicensed Sidelink (SL-U) Operation.
Wu et al. (US 2023/0224959) discloses Channel Access with Reservation for Sidelink Communication in Unlicensed Spectrum.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES P SEYMOUR whose telephone number is (571)272-7654. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached at (571) 270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES P SEYMOUR/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419