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 amendment filed 06/09/2026 in which the claims 1, 3, 5-6 are pending.
Specification
Abstract and the title of the instant application are amended hence the objection to the specification has been overcome.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of copending Application No. 19/433,111 Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is anticipated by the conflicting patented claim 1 as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim This is a provisional nonstatutory double patenting rejection.
Co-pending application:19/433,111
Instant application:19/439,576
1. A method of decoding an image, comprising: obtaining, from a bitstream, first information indicating a position of a first region representing a first object in the image; derive the first region based on the first information; obtaining, from a bitstream, second information indicating a size of a second region representing a second object in the image; and derive the second region based on the second information , wherein a size of the image is smaller than a size of an image indicated by encoding information, and wherein, based on a value of a flag obtained from the bitstream, at least one of the first information or the second information is determined depending on information included in a previous SEI message.
1. A method of decoding an image, comprising: reconstructing the image based on encoding information;
determining a size of a region in the reconstructed image based on the encoding information; and identifying the region based on the determined size, wherein the region is based on an object included in the reconstructed image, wherein a size of the reconstructed image is smaller than a size of an image indicated by the encoding information, and wherein, based on a value of a flag included in the encoding information, the size of the region is determined depending on information included in a previous SEI message..
3. The method of claim 1, wherein the first information and the second information are obtained from a supplemental enhancement information (SEI) message of the bitstream.
3. The method of claim 1, wherein the encoding information related to the size is obtained from a supplemental enhancement information (SEI) message.
5. A method of encoding an image, comprising: determining a first object in the image; generating first information indicating a position of a first region representing the first object; determining a first second object in the image; and generating second information indicating a size of a second region representing the second object, wherein a size of the image is smaller than a size of an image indicated by encoding information, and wherein a flag indicating whether at least one of the first information or the second information is determined depending on information included in a previous SEI message is encoded.
5. A method of encoding an image, comprising: reconstructing the image; identifying a region in the reconstructed image; determining a size of the identified region; and generating encoding information indicating the size of the identified region, wherein the region is identified based on an object included in the reconstructed image, wherein a size of the reconstructed image is smaller than a size of an image indicated by the encoding information, and wherein, a flag indicating whether the size of the identified region is determined depending on information included in a previous SEI message is encoded.
6. A method of transmitting a bitstream, comprising: determining a first object in the image; generating first information indicating a position of a first region representing the first object; determining a first second object in the image; and generating second information indicating a size of a second region representing the second object; generating the bitstream including the first information and the second information; and transmitting the bitstream, wherein a size of the image is smaller than a size of an image indicated by encoding information, and wherein a flag indicating whether at least one of the first information or the second information is determined depending on information included in a previous SEI message is included in the bitstream.
6. A method of transmitting a bitstream, comprising: reconstructing the image; identifying a region in the reconstructed image; determining a size of the identified region; generating encoding information indicating the size of the identified region; generating the bitstream including the encoding information; and transmitting the bitstream, wherein the region is identified based on an object included in the reconstructed image, wherein a size of the reconstructed image is smaller than a size of an image indicated by the encoding information, and wherein, a flag indicating whether the size of the identified region is determined depending on information included in a previous SEI message is encoded.
Response to Arguments
Applicant's arguments filed 06/09/2026 have been fully considered but they are not persuasive.
Claim Rejection Under U.S.C. 102
Claims 1-6 stand rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thomas et al. (US 2017/0118540 Al).These rejections are respectfully traversed
Independent Claims 1, 5 and 6
Claim 1 recites
[a] method of decoding an image, comprising: reconstructing the image based on encoding information; determining a size of a region in the reconstructed image based on the encoding information; and identifying the region based on the determined size, wherein the region is based on an object included in there constructed image, wherein a size of the reconstructed image is smaller than a size of an image indicated by the encoding information, and wherein, based on a value of a flag included in the encoding information, the size of the region is determined depending on information included in a previous SEI message.
Independent claims 1, 5 and 6 have been amended to incorporate the features of claims 2 and 4. Specifically, the independent claims now recite that 1) a size of the reconstructed image is smaller than a size of an image indicated by the encoding information, and 2) based on a value of a flag included in the encoding information, the size of the region is determined depending on information included in a previous SEI message. It is respectfully submitted that full combinations of features in independent claim 1 are nowhere disclosed nor suggested by the cited references. The Office states that
Regarding claim 2, Thomas discloses the method of claim 1, wherein a size of the reconstructed image is smaller than a size of an image indicated by the encoding information. (Para[0067] teaches a ROI is defined as a sub-region 106,110 of an image region 100, Para [0071] teaches The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within the image region of the source video. Para[0155] teaches thus the eventual ROI may be smaller than the image region that results from the decoding process. The cropped images (each comprising the
ROI) may be buffered and rendered on a display).
... Regarding claim 4, Thomas discloses the method of claim 1, based on a value of flag included in the encoding information, the size is determined depending on information included in a previous SEI message. (Para[0205] teaches the SEI message type referred to as user data unregistered allows arbitrary data to be carried in the bitstream. In case ofROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video).
See Office Action at pages 9-10. Applicant respectfully disagrees.
First, Thomas fails to disclose that the size of the reconstructed image used to determine the regions is smaller than the size of the image indicated by the encoding information. Thomas merely compares the size of the ROI itself with the image region (that results from the decoding process), which is different from the claimed feature. As Thomas discloses
[0067] (...) a ROI is defined as a sub-region 106,110 of an image
region 100 (...)
[0071] (...) The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within
the image region of the source video. (...)
[0155] (...) Thus the eventual ROI may be smaller than the image region that results from the decoding process. The cropped images (each comprising the ROI) may be buffered and rendered on a
display (not shown).
Examiner respectfully disagrees and clarifies that with respect to claimed feature "wherein a size of the reconstructed image is smaller than a size of an image indicated by encoding information".
Thomas discloses in para[0067]-[0068] that the position and size of the ROI within the image region 100 may be defined on the basis of ROI coordinates 103. As shown in FIG. 1. The ROI may be pre-selected using a tracking algorithm or a camera operator. A stream may be generated by cropping the ROI out of the image region of decoded frames of the source video and encoding the cropped regions in a separate stream, e.g. an MPEG and/or DVB encoded stream. This stream may be referred to as a ROI stream 107. The coordinates of the cropped region may be referred to as ROI coordinates. For example, the source video may relate to a high-resolution, wide field-of-view (panorama) video of a soccer match and the ROI stream may be generated on the basis of the source video by cropping the ROI associated with the ball out of the decoded frames of the source video.
Further to clarify examiner has also relied on Para[0142] which recites information for determining the number and/or size of HEVC-tiles (e.g. the number of HEVC-tiles that are represented as a SubRepresentation and/or part of the position information associated with the SRDs); [0143] information for determining the position of the position of the HEVC tiles or the ROI stream (e.g. part of the position information associated with the SRDs); [0144] information for signaling that the ROI position and/or the size of the ROI changes in time (using e.g. the “dynamic” parameter).
Thus Thomas discloses " wherein a size of the reconstructed image is smaller than a size of an image indicated by encoding information."
Second, Applicant argues that Thomas merely discloses delivering ROI parameters via a user data unregistered SEI message. Thomas does not disclose or suggest that the size of the region is determined depending on information included in a "previous" SEI message based on a flag value. As Thomas discloses
[0205] The SEI message type referred to as user data unregistered allows arbitrary data to be carried in the bitstream. In case of ROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video.
Applicant respectfully submits that Thomas does not anticipate or suggest a method of decoding an image
wherein a size of the reconstructed image is smaller than a size of
an image indicated by the encoding information, and
wherein, based on a value of a flag included in the encoding information, the size of the region is determined depending on
information included in a previous SEI message
when taken in the context of claim 1.
In view of the above remarks regarding the disclosure of Thomas, it is respectfully submitted that Thomas would not disclose or suggest all respective features of each of claims 5 and 6.
Dependent Claim 3
Dependent claim 3 is in allowable condition, at least, based on its dependency from allowable independent claim 1 and for the additional features recited.
Applicant, therefore, respectfully requests withdrawal of the 35 USC 102 rejections.
Examiner further respectfully disagrees and clarifies that with respect to claimed feature “based on a value of a flag obtained from the bitstream, at least one of the first information or the second information is determined depending on information included in a previous SEI message “ and specification para[0473] recites the information generated during the pre-processing process may be added to the bitstream in the form of SEI or metadata. In this case, the bitstream may contain at least one piece of encoding data having partially different settings for the encoding process and at least one piece of pre-processing information having partially different settings for the pre-processing process. This is to construct a decoded image in combination of a plurality of pieces of encoding data (encoding data + pre-processing information) according to user environments
Thomas discloses in para[0028] teaches at least part of said ROI position information is transported in the bitstream of said ROI video stream to said client device, preferably a SEI message or a ROI coordinates flag defining the location of said ROI coordinates in said bitstream; Para[0202] & FIG. 16A depicts wherein the ROI data are inserted as a supplemental enhancement information (SEI) message in the bitstream of a MPEG stream that is encoded using an H.264/MPEG-4 based codec, Para[0205] teaches In case of ROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video.
Thus Thomas discloses based on a value of a flag obtained from the bitstream, at least one of the first information or the second information is determined depending on information included in a previous SEI message.
Hence examiner respectfully submits that Thomas discloses, otherwise teach or suggest, one or more of the amended features of Claim 1 and substantially similar features of Claim 5, 6.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 5-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thomas et al. (US 2017/0118540 A1).
Regarding claim 1, Thomas discloses a method of decoding an image (Para[0083] teaches decoded by an HEVC decoder), comprising: reconstructing the image based on encoding information (Para[0023] teaches wherein said requested video data are HEVC-encoded, said rendering of said second ROI may comprise: forming a decoded image region on the basis of the requested HEVC-encoded video data); determining a size of a region in the reconstructed image based on the encoding information (Para[0071] teaches ROI position information 112 may be determined when the ROI stream is formed. The ROI position information defines the positions of the (limited field-of-view) image region of ROI video within the wide field-of-view image region of the source video. Hence, the video frames of the ROI video may define a sub-region within the image region of the video frames of the source video. The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within the image region of the source video. Para[0098] teaches ROI stream generator 412. The ROI stream generator is configured to select a ROI (e.g. a region with a particular activity) by panning and zooming through the image region of the frames of the source frames and generate a ROI stream by cropping the ROI out of video frames and building a new video stream (a ROI stream 414) on the basis of cropped image regions)); and identifying the region based on the determined size, wherein the region is based on an object included in the reconstructed image. (Para[0037] teaches requesting video data, preferably comprised in one or more HEVC tile streams, associated with said one or more identified HEVC tiles for rendering a second ROI defining a second sub-region within the full image region of said HEVC-tiled video stream. Para[0073] teaches the first sub-region (representing the ROI) may start at a first time instance at a first ROI position 106 associated with first ROI coordinates and a first ROI size and after some time, the sub-region may move to a second ROI position 110 associated with second ROI coordinates and second ROI size. Para[0085] teaches the decoder may use the tile position information in order to determine which track it needs to extract from the HEVC stream for decoding. In an embodiment, tile position information in a track may comprise a tile origin and tile size information (e.g. width and height parameters) in order to position the tile in a reference space defined by a coordinate system as described with reference to FIGS. 1 and 2.). wherein a size of the reconstructed image is smaller than a size of an image indicated by encoding information (Para[0067] teaches a ROI is defined as a sub-region 106,110 of an image region 100, Para [0071] teaches The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within the image region of the source video. Para [0144] information for signaling that the ROI position and/or the size of the ROI changes in time (using e.g. the “dynamic” parameter)), wherein based on a value of a flag included in the encoding information, the size of the region is determined depending on information included in a previous SEI message (Para[0028] teaches at least part of said ROI position information is transported in the bitstream of said ROI video stream to said client device, preferably a SEI message or a ROI coordinates flag defining the location of said ROI coordinates in said bitstream; [0205] teaches the SEI message type referred to as user data unregistered allows arbitrary data to be carried in the bitstream. In case of ROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video).
Regarding claim 3, Thomas discloses the method of claim 1, wherein the encoding information related to the size is obtained from a supplemental enhancement information (SEI) message. (para[0028] teaches at least part of said ROI position information is transported in the bitstream of said ROI video stream to said client device, preferably a SEI message or a ROI coordinates flag defining the location of said ROI coordinates in said bitstream; Para[0202] & FIG. 16A depicts wherein the ROI data are inserted as a supplemental enhancement information (SEI) message in the bitstream of a MPEG stream that is encoded using an H.264/MPEG-4 based codec, Para[0205] teaches In case of ROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video).
Regarding claim 5, Thomas discloses a method of encoding an image, comprising: reconstructing the image (Para[0023] teaches wherein said requested video data are HEVC-encoded, said rendering of said second ROI may comprise: forming a decoded image region on the basis of the requested HEVC-encoded video data & Para[0077] & FIG. 2 depicts a ROI streaming process according to an embodiment of the invention, wherein the source file (video) may be encoded as a HEVC-tiled stream); identifying a region in the reconstructed image (para[0068] teaches The ROI may be pre-selected using a tracking algorithm or a camera operator. A stream may be generated by cropping the ROI out of the image region of decoded frames of the source video and encoding the cropped regions in a separate stream, e.g. an MPEG and/or DVB encoded stream. This stream may be referred to as a ROI stream 107. Para[0098] teaches ROI stream generator 412. The ROI stream generator is configured to select a ROI (e.g. a region with a particular activity) by panning and zooming through the image region of the frames of the source frames and generate a ROI stream by cropping the ROI out of video frames and building a new video stream (a ROI stream 414) on the basis of cropped image regions); determining a size of the identified region Para[0071] teaches ROI position information 112 may be determined when the ROI stream is formed. The ROI position information defines the positions of the (limited field-of-view) image region of ROI video within the wide field-of-view image region of the source video. Hence, the video frames of the ROI video may define a sub-region within the image region of the video frames of the source video. The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within the image region of the source video. Para[0098] teaches ROI stream generator 412. The ROI stream generator is configured to select a ROI (e.g. a region with a particular activity) by panning and zooming through the image region of the frames of the source frames and generate a ROI stream by cropping the ROI out of video frames and building a new video stream (a ROI stream 414) on the basis of cropped image regions); and generating encoding information indicating the size of the identified region, wherein the region is identified based on an object included in the reconstructed image (Para[0037] teaches requesting video data, preferably comprised in one or more HEVC tile streams, associated with said one or more identified HEVC tiles for rendering a second ROI defining a second sub-region within the full image region of said HEVC-tiled video stream. Para[0073] teaches the first sub-region (representing the ROI) may start at a first time instance at a first ROI position 106 associated with first ROI coordinates and a first ROI size and after some time, the sub-region may move to a second ROI position 110 associated with second ROI coordinates and second ROI size. Para[0085] teaches the decoder may use the tile position information in order to determine which track it needs to extract from the HEVC stream for decoding. In an embodiment, tile position information in a track may comprise a tile origin and tile size information (e.g. width and height parameters) in order to position the tile in a reference space defined by a coordinate system as described with reference to FIGS. 1 and 2.). wherein a size of the reconstructed image is smaller than a size of an image indicated by encoding information (Para[0067] teaches a ROI is defined as a sub-region 106,110 of an image region 100, Para [0071] teaches The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within the image region of the source video. Para [0144] teaches information for signaling that the ROI position and/or the size of the ROI changes in time (using e.g. the “dynamic” parameter)), and wherein, a flag indicating whether the size of the identified region is determined depending on information included in a previous SEI message is encoded. (para[0028] teaches at least part of said ROI position information is transported in the bitstream of said ROI video stream to said client device, preferably a SEI message or a ROI coordinates flag defining the location of said ROI coordinates in said bitstream; [0205] teaches the SEI message type referred to as user data unregistered allows arbitrary data to be carried in the bitstream. In case of ROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video).
Regarding claim 6, Thomas discloses a method of transmitting a bitstream (FIGS. 16A and 16B depict a data format for transporting ROI data in the encoded bitstream of MPEG stream), comprising: reconstructing the image Para[0023] teaches wherein said requested video data are HEVC-encoded, said rendering of said second ROI may comprise: forming a decoded image region on the basis of the requested HEVC-encoded video data & Para[0077] & FIG. 2 depicts a ROI streaming process according to an embodiment of the invention, wherein the source file (video) may be encoded as a HEVC-tiled stream); identifying a region in the reconstructed image; (Para[0098] teaches the ROI may be selected automatically using an algorithm, e.g. a tracking algorithm for tracking a particular object in the images, or a human operator that selects the ROI); determining a size of the identified region (para[0068] teaches The ROI may be pre-selected using a tracking algorithm or a camera operator. A stream may be generated by cropping the ROI out of the image region of decoded frames of the source video and encoding the cropped regions in a separate stream, e.g. an MPEG and/or DVB encoded stream. This stream may be referred to as a ROI stream 107. Para[0098] teaches ROI stream generator 412. The ROI stream generator is configured to select a ROI (e.g. a region with a particular activity) by panning and zooming through the image region of the frames of the source frames and generate a ROI stream by cropping the ROI out of video frames and building a new video stream (a ROI stream 414) on the basis of cropped image regions); generating encoding information indicating the size of the identified region (Para[0037] teaches requesting video data, preferably comprised in one or more HEVC tile streams, associated with said one or more identified HEVC tiles for rendering a second ROI defining a second sub-region within the full image region of said HEVC-tiled video stream. Para[0073] teaches the first sub-region (representing the ROI) may start at a first time instance at a first ROI position 106 associated with first ROI coordinates and a first ROI size and after some time, the sub-region may move to a second ROI position 110 associated with second ROI coordinates and second ROI size. Para[0085] teaches the decoder may use the tile position information in order to determine which track it needs to extract from the HEVC stream for decoding. In an embodiment, tile position information in a track may comprise a tile origin and tile size information (e.g. width and height parameters) in order to position the tile in a reference space defined by a coordinate system as described with reference to FIGS. 1 and 2.); generating the bitstream including the encoding information; and transmitting the bitstream, wherein the region is identified based on an object included in the reconstructed image. (Para[0028] teaches at least part of said ROI position information is transported in the bitstream of said ROI video stream to said client device, preferably a SEI message or a ROI coordinates flag defining the location of said ROI coordinates in said bitstream) wherein a size of the reconstructed image is smaller than a size of an image indicated by the encoding information, (Para[0067] teaches a ROI is defined as a sub-region 106,110 of an image region 100, Para [0071] teaches The ROI position information may comprise ROI coordinates that define the position and the size of the ROI within the image region of the source video. Para [0144] teaches information for signaling that the ROI position and/or the size of the ROI changes in time (using e.g. the “dynamic” parameter)), and wherein, a flag indicating whether the size of the identified region is determined depending on information included in a previous SEI message is encoded. (para[0028] teaches at least part of said ROI position information is transported in the bitstream of said ROI video stream to said client device, preferably a SEI message or a ROI coordinates flag defining the location of said ROI coordinates in said bitstream; Para[0205] teaches the SEI message type referred to as user data unregistered allows arbitrary data to be carried in the bitstream. In case of ROI coordinates this SEI message may be used to carry the ROI coordinates. Four parameters, i.e. horizontal position and vertical position of the top left corner and the width and the height may be used to define a ROI in the image region of decoded frames of the source video).
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 ROWINA J CATTUNGAL whose telephone number is (571)270-5922. The examiner can normally be reached Monday-Thursday 7:30am-6pm.
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/ROWINA J CATTUNGAL/Primary Examiner, Art Unit 2425