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 corrections filed 06/01/2026 with respect to claim interpretation under 112(f) for claim(s) 6, 7, 10, and 11 made on 03/02/2026 have been considered and the claim interpretation under 112(f) to the claims are withdrawn.
Applicant’s corrections filed 06/01/2026 with respect to claim rejection under 112(b) for claim(s) 10 made on 03/02/2026 have been considered and the claim rejection under 112(b) to the claim is withdrawn.
Applicant's arguments filed 06/01/2026 with respect to claim(s) 6 and 11-13 have been fully considered but they are not persuasive.
Applicant’s argument: On pgs. 8-9, Applicant argues that Wang et al. (US 2023/0046759 A1) does not teach DCI that “triggers retransmission of a first acknowledgment codebook in a specific slot” because “Wang at most teaches a condition that the trigger DCI triggering retransmission of a first HARQ-ACK codebook does not schedule a PDSCH and a condition that a second HARQ-ACK codebook corresponding to a PDSCH is indicated or configured to be transmitted in a slot.” On pgs. 9-10, Applicant argues that Wang does not teach “a priority value specified by the downlink control information in the specific slot” because “Wang at most teaches that two PUCCHs having the same physical layer priority.” Examiner’s response: Examiner respectfully disagrees. Regarding Applicant’s first argument, Wang teaches in [0133] “In some implementations, when the triggering DCI that triggers retransmission of a first HARQ-ACK codebook does not schedule a PDSCH and when a second HARQ-ACK codebook corresponding to a PDSCH is indicated or configured to be transmitted in a slot, the first HARQ-ACK codebook and the second HARQ-ACK codebook are concatenated for transmission in a PUCCH in the slot if the triggering DCI indicates the PUCCH in the slot.” As can be seen, the triggering DCI that triggers retransmission of a first HARQ-ACK codebook is also the trigger DCI indicating the PUCCH in the slot. The PUCCH is a physical uplink control channel to transmit the retransmission of the first HARQ-ACK codebook. Therefore, Wang teaches DCI that “triggers retransmission of a first acknowledgment codebook in a specific slot.” Regarding Applicant’s second argument, Wang teaches in [0094]: “In some implementations, the priority may be indicated by the “Priority indicator” field in the triggering DCI. In other words, the PUCCH resource that is used to retransmit the HARQ-ACK codebook has the same physical layer priority as the physical layer priority of the PUCCH resource that carries the HARQ-ACK codebook, since the “Priority indicator” field is used to indicate the physical layer priority of the PUCCH resource that is used to retransmit the HARQ-ACK codebook.” [0094] is preceded by [0093] disclosing “Since there may be two non-overlapping PUCCHs of different physical layer priorities in a slot each carrying a HARQ-ACK codebook, an indication of a priority may be needed to identify the HARQ-ACK codebook that is triggered to be retransmitted in addition to the slot offset indication.” As can be seen, Wang teaches a need for a priority indication identifying a HARQ-ACK codebook in [0093] and then discloses that the priority is indicated by a Priority indicator field in a triggering DCI in [0094]. This Priority indicator field indicates both the physical layer priority of the PUCCH resource and the HARQ-ACK codebook. The association of the physical layer priority of the PUCCH resource and the priority HARQ-ACK codebook is further disclosed in [0089]: “a HARQ-ACK codebook associated with a PUCCH of a physical layer priority.” Therefore, Wang teaches “a priority value specified by the downlink control information in the specific slot.” Therefore, the Examiner maintains the rejection under 103 as being unpatentable over Zhang in view of Wang.
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 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.
Claim(s) 6-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 2024/0356677 A1) in view of Wang et al. (US 2023/0046759 A1).
Regarding claim 6, Zhang discloses A terminal comprising (Fig. 10, [0128]: device 1000 may be terminal device 110):
a receiver(Fig. 10: TX/RX 1040) that receives downlink control information that triggers retransmission of a first acknowledgment codebook (Fig. 8, [0088]: At 820, the terminal device 110 receives, from the network device 120, a first downlink control information (DCI) indicating a second resource for retransmission of the first HARQ feedback), and
a processor (Fig. 10: processor 1010) that controls the retransmission of the first acknowledgment codebook (Fig. 8, [0095]: the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource),
wherein when transmitting a second acknowledgment codebook having second acknowledgment information having a same priority value as a priority value ([0089]: At 830, the terminal device 110 receives, from the network device 120, a second DCI indicating a third resource for initial transmission of a second HARQ feedback for a second data transmission scheduled later than the first data transmission. The priority of the first HARQ feedback is the same as a priority of the second HARQ feedback. [0095]: the terminal device 110 may determine that that the second resource and the third resource are the same [and] the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource. [0099] In the embodiments where the HARQ-ACK codebook is a Type-2 HARQ-ACK codebook, to generate the HARQ-ACK codebook, the terminal device 110 may generate the Type-2 HARQ codebook comprising at least the first HARQ feedback and the second HARQ feedback based on the first DCI. In these embodiments, the first DCI may comprise a first DCI field indicating a number of retransmission HARQ feedback bits and a second DCI field indicating a number of initial transmission HARQ feedback bits. [0069]: A simple Type-2 HARQ-ACK codebook construction method at the terminal device 110 is to place the HARQ-ACK codebook for retransmitted HARQ-ACK bits after … the HARQ-ACK codebook for initial HARQ-ACK bits).
Zhang does not disclose, but Wang discloses a downlink control information that triggers retransmission of a first acknowledgement codebook in a specific slot ([0133]: when the triggering DCI that triggers retransmission of a first HARQ-ACK codebook … the triggering DCI indicates the PUCCH in the slot); and
a priority value specified by the downlink control information in the specific slot ([0094]: the priority may be indicated by the “Priority indicator” field in the triggering DCI. In other words, the PUCCH resource that is used to retransmit the HARQ-ACK codebook has the same physical layer priority as the physical layer priority of the PUCCH resource that carries the HARQ-ACK codebook, since the “Priority indicator” field is used to indicate the physical layer priority of the PUCCH resource that is used to retransmit the HARQ-ACK codebook); and
transmit a second acknowledgment codebook … in the specific slot ([0133]: the first HARQ-ACK codebook and the second HARQ-ACK codebook are concatenated for transmission in a PUCCH in the slot).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DCI, as taught by Zhang, to indicate a slot and a priority, as taught by Wang, and to program the terminal device, as taught by Zhang, to transmit the first HARQ-ACK codebook and the second HARQ-ACK codebook in a PUCCH in the slot, as taught by Wang.
Doing so allows the UE to concatenate the first and second HARQ-ACK codebooks in the indicated slot which solves the issue when the UE does not know what to transmit, and provides the need to identify the HARQ-ACK codebooks based on the priority indication (Wang: [0093]-[0094], [0129], [0133]).
Regarding claim 7, Zhang in view of Wang discloses all features of claim 6 as outlined above.
Zhang discloses further comprises a transmit section (Fig. 10: TX/RX 1040) that transmits the first acknowledgment codebook and the second acknowledgment codebook via an uplink control channel ([0095]: the terminal device 110 may determine that that the second resource and the third resource are the same [and] the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource. [0044]: The terminal device 110 may transmit UCI, e.g., HARQ feedback information to the network device 120 via an uplink channel transmission. For example, the uplink channel transmission may be a PUCCH … transmission).
Zhang does not disclose, but Wang transmit the first acknowledgement codebook and the second acknowledgment codebook via an uplink control channel in the specific slot ([0133]: the first HARQ-ACK codebook and the second HARQ-ACK codebook are concatenated for transmission in a PUCCH in the slot).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to program the terminal device, as taught by Zhang, to transmit the first HARQ-ACK codebook and the second HARQ-ACK codebook in a PUCCH in the slot, as taught by Wang.
Doing so allows the UE to concatenate the first and second HARQ-ACK codebooks in the indicated slot which solves the issue when the UE does not know what to transmit (Wang: [0129], [0133]).
Regarding claim 8 Zhang in view of Wang discloses all features of claim 6 as outlined above.
Zhang discloses wherein the second acknowledgement codebook is a type 1/2 HARQ codebook for initial transmission ([0089]: initial transmission of a second HARQ feedback for a second data transmission. [0097]: The Type-1 HARQ-ACK codebook comprising at least the first HARQ feedback and the second HARQ feedback. [0098]-[0099]: the Type-2 HARQ codebook comprising at least the first HARQ feedback and the second HARQ feedback).
Regarding claim 9, Zhang in view of Wang discloses all features of claim 6 as outlined above.
Zhang does not disclose, but Wang discloses wherein the second acknowledgement codebook is a type 3 HARQ codebook ([0131] Method (1): when the physical layer priority of the indicated PUCCH is associated with Type-1 HARQ-ACK codebook, the UE may construct a Type-1 HARQ-ACK codebook for retransmission with the assumption that the DCI that schedules a PDSCH with corresponding HARQ-ACK information to be transmitted in slot n was received. [0133]: the triggering DCI that triggers retransmission of a first HARQ-ACK codebook does not schedule a PDSCH and when a second HARQ-ACK codebook corresponding to a PDSCH is indicated or configured to be transmitted in a slot. [0081]: the triggering field may include 2 bits, and some of the codepoints may be used to trigger a Type-3 HARQ-ACK codebook transmission. For example, a codepoint “10” may be used to trigger a Type-3 HARQ-ACK codebook transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DCI, as taught by Zhang, to trigger retransmission of a first HARQ-ACK codebook in a slot of a PUCCH associated with Type-1 HARQ-ACK codebook, and further include 2 bits to trigger Type-3 HARQ-ACK codebook transmission, as taught by Wang.
Doing so allows the UE to report HARQ-ACK bits for all DL HARQ processes of the configured cells (Wang: [0062]).
Regarding claim 10, Zhang in view of Wang discloses all features of claim 6 as outlined above.
Zhang discloses wherein:
the processor executes a procedure for deferring a transmission of acknowledgment information for a downlink shared channel of a semi-persistent scheduling (SPS) setting ([0087] At 810, the terminal device 110 receives, from the network device 120, information indicating a first resource for initial transmission of a first Hybrid Automatic Repeat Request (HARQ) feedback for a first data transmission. The first data transmission may comprise a semi-persistent scheduling (SPS) transmission. [0101]: where the first data transmission is the SPS transmission, and a SPS HARQ-ACK deferral rule is configured to the terminal device 110), and
when the priority of the deferred acknowledgment information is the same as the priority ([0089]: The priority of the first HARQ feedback is the same as a priority of the second HARQ feedback. [0095]: terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource. [0099]: the terminal device 110 may generate the Type-2 HARQ codebook comprising at least the first HARQ feedback and the second HARQ feedback based on the first DCI. [0069]: A simple Type-2 HARQ-ACK codebook construction method at the terminal device 110 is to place the HARQ-ACK codebook for retransmitted HARQ-ACK bits after … the HARQ-ACK codebook for initial HARQ-ACK bits).
Zhang does not disclose, but Wang discloses the priority indicated by the downlink control information ([0094]: the priority may be indicated by the “Priority indicator” field in the triggering DCI. In other words, the PUCCH resource that is used to retransmit the HARQ-ACK codebook has the same physical layer priority as the physical layer priority of the PUCCH resource that carries the HARQ-ACK codebook, since the “Priority indicator” field is used to indicate the physical layer priority of the PUCCH resource that is used to retransmit the HARQ-ACK codebook); and
append the acknowledgement information to the second acknowledgement information in the specific slot ([0133]: the first HARQ-ACK codebook and the second HARQ-ACK codebook are concatenated for transmission in a PUCCH in the slot. [0132]: When performing concatenation of the HARQ-ACK codebooks, the first HARQ-ACK codebook … may be appended to the second HARQ-ACK codebook).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DCI, as taught by Zhang, to indicate a priority, as taught by Wang, and to program the terminal device, as taught by Zhang, to append the first HARQ-ACK codebook to the second HARQ-ACK codebook in a PUCCH in the slot, as taught by Wang.
Doing so provides the need to identify the HARQ-ACK codebooks based on the priority indication, and allows the UE to concatenate the two HARQ-ACK codebooks when the triggering DCI schedules a PDSCH, where a first HARQ-ACK codebook is constructed for retransmission and a second HARQ-ACK codebook contains the HARQ-ACK bit corresponding to the PDSCH (Wang: [0093]-[0094], [0132]).
Regarding claim 11, Zhang discloses A base station comprising (Fig. 10, [0128]: device 1000 may be network device 120):
a transmitter (Fig. 10: TX/RX 1040) that transmits downlink control information that triggers retransmission of a first acknowledgment codebook (Fig. 9, [0110]: at 930, the network device 120 transmits, to the terminal device 110, a first DCI indicating a second resource for retransmission of the first HARQ feedback), and
a receiver (Fig. 10: TX/RX 1040) that receives the first acknowledgment codebook retransmitted based on the downlink control information (Fig. 9, [0115]: At 950, the network device 120 receives, from the terminal device 110, the first HARQ feedback on the second resource. [0116]: to receive the first HARQ feedback, the network device 120 may receive a HARQ-ACK codebook on the second resource, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook.);
wherein when second acknowledgment information included in a second acknowledgment codebook has a same priority value as a priority value ([0112]: At 940, the network device 120 transmits, to the terminal device 110, a second DCI indicating a third resource for initial transmission of a second HARQ feedback for a second data transmission scheduled later than the first data transmission. The priority of the first HARQ feedback is the same as a priority of the second HARQ feedback. [0095]: the terminal device 110 may determine that that the second resource and the third resource are the same [and] the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource. [0119]: In some example embodiments, the HARQ-ACK codebook may be a Type-2 HARQ-ACK codebook, and the first DCI comprises a first DCI field indicating a number of retransmission HARQ feedback bits and a second DCI field indicating a number of initial transmission HARQ feedback bits. [0069]: A simple Type-2 HARQ-ACK codebook construction method at the terminal device 110 is to place the HARQ-ACK codebook for retransmitted HARQ-ACK bits after … the HARQ-ACK codebook for initial HARQ-ACK bits).
Zhang does not disclose, but Wang discloses a downlink control information that triggers retransmission of a first acknowledgement codebook in a specific slot ([0133]: when the triggering DCI that triggers retransmission of a first HARQ-ACK codebook … the triggering DCI indicates the PUCCH in the slot); and
a priority value specified by the downlink control information ([0094]: the priority may be indicated by the “Priority indicator” field in the triggering DCI. In other words, the PUCCH resource that is used to retransmit the HARQ-ACK codebook has the same physical layer priority as the physical layer priority of the PUCCH resource that carries the HARQ-ACK codebook, since the “Priority indicator” field is used to indicate the physical layer priority of the PUCCH resource that is used to retransmit the HARQ-ACK codebook); and
receive the first acknowledgement codebook with the second acknowledgement codebook appended in the specific slot ([0133]: the first HARQ-ACK codebook and the second HARQ-ACK codebook are concatenated for transmission in a PUCCH in the slot. [0132]: When performing concatenation of the HARQ-ACK codebooks, the first HARQ-ACK codebook … may be appended to the second HARQ-ACK codebook).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DCI, as taught by Zhang, to indicate a slot and a priority, as taught by Wang, and to program the terminal device, as taught by Zhang, to transmit the first HARQ-ACK codebook and the second HARQ-ACK codebook in a PUCCH in the slot, as taught by Wang.
Doing so allows the UE to concatenate the first and second HARQ-ACK codebooks in the indicated slot which solves the issue when the UE does not know what to transmit, and provides the need to identify the HARQ-ACK codebooks based on the priority indication (Wang: [0093]-[0094], [0129], [0133]).
Regarding claim 12, Zhang discloses A system comprising:
a base station that transmits downlink control information that triggers retransmission of a first acknowledgment codebook
a terminal that receives the downlink control information and controls the retransmission of the first acknowledgment codebook (Fig. 8, [0088]: At 820, the terminal device 110 receives, from the network device 120, a first downlink control information (DCI) indicating a second resource for retransmission of the first HARQ feedback. [0095]: the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource);
wherein when the terminal transmits a second acknowledgment codebook having second acknowledgment information having a same priority value as a priority value ([0089]: At 830, the terminal device 110 receives, from the network device 120, a second DCI indicating a third resource for initial transmission of a second HARQ feedback for a second data transmission scheduled later than the first data transmission. The priority of the first HARQ feedback is the same as a priority of the second HARQ feedback. [0095]: the terminal device 110 may determine that that the second resource and the third resource are the same [and] the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource. [0099] In the embodiments where the HARQ-ACK codebook is a Type-2 HARQ-ACK codebook, to generate the HARQ-ACK codebook, the terminal device 110 may generate the Type-2 HARQ codebook comprising at least the first HARQ feedback and the second HARQ feedback based on the first DCI. In these embodiments, the first DCI may comprise a first DCI field indicating a number of retransmission HARQ feedback bits and a second DCI field indicating a number of initial transmission HARQ feedback bits. [0069]: A simple Type-2 HARQ-ACK codebook construction method at the terminal device 110 is to place the HARQ-ACK codebook for retransmitted HARQ-ACK bits after … the HARQ-ACK codebook for initial HARQ-ACK bits).
Zhang does not disclose, but Wang discloses a downlink control information that triggers retransmission of a first acknowledgement codebook in a specific slot ([0133]: when the triggering DCI that triggers retransmission of a first HARQ-ACK codebook … the triggering DCI indicates the PUCCH in the slot); and
a priority value specified by the downlink control information ([0094]: the priority may be indicated by the “Priority indicator” field in the triggering DCI. In other words, the PUCCH resource that is used to retransmit the HARQ-ACK codebook has the same physical layer priority as the physical layer priority of the PUCCH resource that carries the HARQ-ACK codebook, since the “Priority indicator” field is used to indicate the physical layer priority of the PUCCH resource that is used to retransmit the HARQ-ACK codebook); and
transmit a second acknowledgment codebook … in the specific slot ([0133]: the first HARQ-ACK codebook and the second HARQ-ACK codebook are concatenated for transmission in a PUCCH in the slot).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DCI, as taught by Zhang, to indicate a slot and a priority, as taught by Wang, and to program the terminal device, as taught by Zhang, to transmit the first HARQ-ACK codebook and the second HARQ-ACK codebook in a PUCCH in the slot, as taught by Wang.
Doing so allows the UE to concatenate the first and second HARQ-ACK codebooks in the indicated slot which solves the issue when the UE does not know what to transmit, and provides the need to identify the HARQ-ACK codebooks based on the priority indication (Wang: [0093]-[0094], [0129], [0133]).
Regarding claim 13, Zhang discloses A communication method of a terminal (Fig. 10, [0128]: device 1000 may be terminal device 110), comprising:
receiving downlink control information that triggers retransmission of a first acknowledgment codebook (Fig. 8, [0088]: At 820, the terminal device 110 receives, from the network device 120, a first downlink control information (DCI) indicating a second resource for retransmission of the first HARQ feedback), and
controlling the retransmission of the first acknowledgment codebook (Fig. 8, [0095]: the terminal device 110 may generate a HARQ-ACK codebook, and the first HARQ feedback and the second HARQ feedback are multiplexed in the HARQ-ACK codebook. The terminal device 110 may then transmit the HARQ-ACK codebook on the second resource),
wherein, when transmitting a second acknowledgment codebook having second acknowledgment information having a same priority value as a priority value specified by the downlink control information in the specific slot, appending the first acknowledgment codebook to the second acknowledgment codebook (According to MPEP 2111.04 Section II Contingent Limitations: “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim.” Therefore, the Examiner can use broadest reasonable interpretation to not give patentable weight to the contingent limitation because the condition is not required, i.e., when the priority value is different. To overcome the broadest reasonable interpretation, Applicant may want to remove the condition, i.e., by removing the word “when.”
Zhang does not disclose, but Wang discloses a terminal receives downlink control information that triggers retransmission of a first acknowledgement codebook in a specific slot ([0133]: when the triggering DCI that triggers retransmission of a first HARQ-ACK codebook … the triggering DCI indicates the PUCCH in the slot).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DCI, as taught by Zhang, to indicate a slot, as taught by Wang.
Doing so allows the UE to concatenate the first and second HARQ-ACK codebooks in the indicated slot which solves the issue when the UE does not know what to transmit (Wang: [0129], [0133]).
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 extension fee 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 THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov