Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`IN THE UNITED STATES PATENT & TRADEMARKOFFICE
`
`Appin. No:—16/687,966
`
`Applicant:
`
`CirbaIP Inc.
`
`Filed:
`
`Title:
`
`November19, 2019
`
`Method and System for Determining Compatibility of Computer Systems
`
`Art Unit:
`
`2451
`
`Examiner:
`
`MEJIA, ANTHONY
`
`Docket No:
`
`59612/00099
`
`Mail Stop Amendment
`U.S. Patent & Trademark Office
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`VOLUNTARY AMENDMENT
`
`This is further to the Notice of Allowance mailed October 5, 2020. Applicant advises that
`
`a Request for Continued Examination (RCE) and supplemental IDS are being filed concurrently
`
`herewith and wishes to amend the above-identified application as follows:
`
`Amendmentsto the Claims: are reflected in thelisting of claims that begins on page2 of this
`
`paper.
`
`Remarks: begin on page 14 of this paper.
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`CPST Doc: 319885.1
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`VMware, Inc.
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`Exhibit1005
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`Page 1
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`Amendments to the Claims
`
`This listing of claims will replace all prior versions and listings of claims in the application:
`
`Listing of claims:
`
`1. (Canceled)
`
`2. (Currently amended) A system for determining placementof [[a]] source computer systems
`
`on [[a]] target computer systems, the system configured to execute operations causing the
`
`system to:
`
`collect data for a collection of computer systems, the collection of computer systems
`
`comprising a plurality of source systems and a plurality of target systems;
`
`determine a placementof at least one source system from the collection of computer
`
`systems on at least one target system from the collection of computer systems by employing the
`
`following operations:
`
`the plurality of source systems and a specific target system fromanyeneofthe
`
`evaluate compatibility between a specific source system from anyene-of
`
`plurality of target systems by evaluating one or more rules that operate against
`
`attributes or data relating to the source and target systems being evaluated:
`
`evaluate compatibility between anytwe-ormere-of the specific source
`
`system from the plurality of source systems and one or more other source
`
`systems either already placed on the specific target system, or being evaluated
`
`for placement onto the specific target system, to determine if the specific source
`
`system can be placed with those other source systems on the specific target
`
`system, by evaluating one or more rules that operate against attributes or data
`
`relating to the 4ve-ermere source systems;
`
`
`
`evaluate compatibility between anyerne-oHhepluralityofthe specific
`
`
`
`source system systems and the specific anyerneofthepluralityoftarget system
`
`systems by evaluating the impact on resourceutilization of the specific target
`
`system of placing [[that]] the specific source system on |[that]] the specific target
`
`system, in combination with [[any]] the one or more other source systems, either
`
`CPSTDoc: 319885.1
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`2
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
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`already placed on[[that]] the specific target system, or being evaluated for
`
`placementonto [[that]] the specific target system; and
`
`
`
`
`
`
`
`issue instructions to place the at least one source system on the at least one target
`
`system in accordancewith the determined placement determining.
`
`3. (Currently amended) The system of claim 2, wherein the at least one source system being
`
`placed on the at least one target system [[is]] comprises a new computer system thatis not
`
`[[yet] currently running on a target system in the collection of computer systems.
`
`4. (Cancel)
`
`5. (Currently amended) The system of claim 3, wherein the rules relating to the evaluation of
`
`source and target systems,[[or]] and the rules relating to the [[two]] evaluation of source
`
`systems against other source systems, are capable of being user-defined.
`
`6. (Currently amended) The system of claim 5, further configured to factor in user-entered
`
`attributes of any of the systems in the collection of computer systems.
`
`7. (Previously presented) The system of claim 3, wherein the rule-based compatibility analysis
`
`evaluates technical considerations.
`
`8. (Previously presented) The system of claim 7, wherein the technical considerations comprise
`
`an evaluation of operating system, OS version, patches, application settings, or hardware
`
`devices.
`
`9. (Previously presented) The system of claim 3 wherein the rule-based compatibility analysis
`
`evaluates business considerations.
`
`10. (Previously presented) The system of claim 9, wherein the business considerations
`
`CPSTDoc: 319885.1
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`3
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
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`comprise an evaluation of physical location, organization department, data segregation
`
`requirements, owner, service level agreements, maintenance windows, hardware lease
`
`agreements, or software licensing agreements.
`
`11. (Currently amended) The system of claim 3, wherein the rule-based compatibility analysis
`
`evaluates is capable of evaluating both technical and business considerations between source
`
`and target systems and between source systems and other source systems.
`
`12. (Currently amended) The system of claim 2, wherein the rules relating to the evaluation of
`
`source and target systems,[[or]] and the rules relating to the [[two]] evaluation of source
`
`systems against other source systems, are capable of being user-defined.
`
`13. (Currently amended) The system of claim 12, further configured to factor in user-entered
`
`attributes of any of the systems in the collection of computer systems.
`
`14. (Previously presented) The system of claim 12, wherein the rule-based compatibility
`
`analysis evaluates technical considerations.
`
`15. (Previously presented) The system of claim 14, wherein the technical considerations
`
`comprise an evaluation of operating system, OS version, patches, application settings, or
`
`hardware devices.
`
`16. (Previously presented) The system of claim 12 wherein the rule-based compatibility analysis
`
`evaluates business considerations.
`
`17. (Previously presented) The system of claim 16, wherein the business considerations
`
`comprise an evaluation of physical location, organization department, data segregation
`
`requirements, owner, service level agreements, maintenance windows, hardware lease
`
`agreements, or software licensing agreements.
`
`18. (Currently amended) The system of claim 12, wherein the rule-based compatibility analysis
`
`evaluates is capable of evaluating both technical and business considerations between source
`
`CPSTDoc: 319885.1
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
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`Docket No: 59612/00099
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`and target systems and between source systems and other source systems.
`
`19. (Currently amended) The system of claim 18, wherein the at least one source system being
`
`placed on the at least one target system [[is]] comprises a new computer system thatis not
`
`[[yet] currently running on a target system in the collection of computer systems.
`
`20. (Previously presented) The system of claim 2, wherein the rule-based compatibility analysis
`
`evaluates technical considerations.
`
`21. (Previously presented) The system of claim 20, wherein the technical considerations
`
`comprise an evaluation of operating system, OS version, patches, application settings, or
`
`hardware devices.
`
`22. (Previously presented) The system of claim 2, wherein the rule-based compatibility analysis
`
`evaluates business considerations.
`
`23. (Previously presented) The system of claim 22, wherein the business considerations
`
`comprise an evaluation of physical location, organization department, data segregation
`
`requirements, owner, service level agreements, maintenance windows, hardware lease
`
`agreements, or software licensing agreements.
`
`24. (Currently amended) The system of claim 2, wherein the rule-based compatibility analysis
`
`evaluates is capable of evaluating both technical and business considerations between source
`
`and target systems and between source systems and other source systems.
`
`25. (Cancel)
`
`26. (Currently amended) The system of claim [[25]] 24, wherein benchmarks are used to
`
`normalize CPU utilization data between source and target systems in order to accountfor
`
`differing CPU performancefordifferent systems.
`
`27. (Currently amended) The system of claim 2, wherein the system is located remotely from
`
`CPSTDoc: 319885.1
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`5
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
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`the collection of computer systems.
`
`28. (Previously presented) The system of claim 2, wherein the placement takes into account a
`
`pre-existing source-target transfer set, and any placements are incremental to the transfer set.
`
`29. (Currently amended) The system of claim 2, wherein the at least one target system onto
`
`which the at least one source system is placed [[is]] comprises a new computer system.
`
`30. (Currently amended) A computer implemented method for placing a source system on a
`
`target system, the method comprising:
`
`collecting data for a collection of computer systems, the collection of computer systems
`
`comprising a plurality of source systems and a plurality of target systems;
`
`determining a placement of at least one source system from the collection of computer
`
`systems on at least one target system from the collection of computer systems by employing the
`
`following operations:
`
`of the plurality of source systems and a specific target system fromanyeneof
`
`evaluating compatibility between a specific source system from anyene
`
`the plurality of target systems by evaluating one or morerules that operate
`
`againstattributes or data relating to the source and target systems being
`
`evaluated:
`
`evaluating compatibility betweenanytwe-ormere-ofthe specific source
`
`system from the plurality of source systems and one or more other source
`
`systems either already placed on the specific target system, or being evaluated
`
`for placement onto the specific target system, to determine if the specific source
`
`system can be placed with those other source systems on the specific target
`
`system, by evaluating one or more rules that operate against attributes or data
`
`relating to the 4ve-ermere source systems;
`
`evaluating compatibility between anyene-oHthe-pluralityofthe specific
`
`
`
`source system systems and the specific anyerneofthepluralityoftarget system
`
`systems by evaluating the impact on resourceutilization of the specific target
`
`system of placing [[that]] the specific source system on |[that]] the specific target
`
`system, in combination with [[any]] the one or more other source systems, either
`
`CPSTDoc: 319885.1
`
`6
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`Page6é
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`

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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`already placed on[[that]] the specific target system, or being evaluated for
`
`placementonto [[that]] the specific target system; and
`
`
`
`
`
`issuing instructions to place the at least one source system on the at least one target
`
`system in accordancewith the determined placement determining.
`
`31. (Currently amended) The method of claim 30, wherein the at least one source system being
`
`placed on the at least one target system [[is]] comprises a new computer system thatis not
`
`[[yet] currently running on a target system in the collection of computer systems.
`
`32. (Cancel)
`
`33. (Currently amended) The method of claim 31, wherein the rules relating to the evaluation of
`
`source and target systems,[[or]] and the rules relating to the [[two]] evaluation of source
`
`systems against other source systems, are user-defined.
`
`34. (Currently amended) The method of claim 33, further comprising factoring in user-entered
`
`attributes of any of the systems in the collection of computer systems.
`
`35. (Previously presented) The method of claim 31, wherein the rule-based compatibility
`
`analysis evaluates technical considerations.
`
`36. (Previously presented) The method of claim 35, wherein the technical considerations
`
`comprise an evaluation of operating system, OS version, patches, application settings, or
`
`hardware devices.
`
`37. (Previously presented) The method of claim 31 wherein the rule-based compatibility analysis
`
`evaluates business considerations.
`
`38. (Previously presented) The method of claim 37, wherein the business considerations
`
`CPSTDoc: 319885.1
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`

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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`comprise an evaluation of physical location, organization department, data segregation
`
`requirements, owner, service level agreements, maintenance windows, hardware lease
`
`agreements, or software licensing agreements.
`
`39. (Currently amended) The method of claim 31, wherein the rule-based compatibility analysis
`
`evaluates both technical and business considerations between source and target systems and
`
`between source systems and other source systems.
`
`40. (Currently amended) The method of claim 30, wherein the rules relating to the evaluation of
`
`source and target systems,[[or]] and the rules relating to the [[two]] evaluation of source
`
`systems against other source systems, are user-defined.
`
`41. (Currently amended) The method of claim 40, further comprising factoring in user-entered
`
`attributes of any of the systems in the collection of computer systems.
`
`42. (Previously presented) The method of claim 40, wherein the rule-based compatibility
`
`analysis evaluates technical considerations.
`
`43. (Previously presented) The method of claim 42, wherein the technical considerations
`
`comprise an evaluation of operating system, OS version, patches, application settings, or
`
`hardware devices.
`
`44. (Previously presented) The method of claim 40 wherein the rule-based compatibility analysis
`
`evaluates business considerations.
`
`45. (Previously presented) The method of claim 44, wherein the business considerations
`
`comprise an evaluation of physical location, organization department, data segregation
`
`requirements, owner, service level agreements, maintenance windows, hardware lease
`
`agreements, or software licensing agreements.
`
`46. (Currently amended) The method of claim 40, wherein the rule-based compatibility analysis
`
`evaluates both technical and business considerations between source and target systems and
`
`CPSTDoc: 319885.1
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`8
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`Page 8
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
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`between source systems and other source systems.
`
`47. (Currently amended) The method of claim 46, wherein the at least one source system being
`
`placed on the at least one target system [[is]] comprises a new computer system thatis not
`
`[[yet] currently running on a target system in the collection of computer systems
`
`48. (Previously presented) The method of claim 30, wherein the rule-based compatibility
`
`analysis evaluates technical considerations.
`
`49. (Previously presented) The method of claim 48, wherein the technical considerations
`
`comprise an evaluation of operating system, OS version, patches, application settings, or
`
`hardware devices.
`
`50. (Previously presented) The method of claim 30, wherein the rule-based compatibility
`
`analysis evaluates business considerations.
`
`51. (Previously presented) The method of claim 50, wherein the business considerations
`
`comprise an evaluation of physical location, organization department, data segregation
`
`requirements, owner, service level agreements, maintenance windows, hardware lease
`
`agreements, or software licensing agreements.
`
`52. (Currently amended) The method of claim 30, wherein the rule-based compatibility analysis
`
`evaluates both technical and business considerations between source and target systems and
`
`between source systems and other source systems.
`
`53. (Cancel)
`
`54. (Currently amended) The method of claim [[53]] 52, wherein benchmarks are used to
`
`normalize CPU utilization data between source and target systems in order to accountfor
`
`differing CPU performancefordifferent systems.
`
`55. (Currently amended) The method of claim 30, wherein the method is implemented remotely
`
`CPSTDoc: 319885.1
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`S)
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`Page 9
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
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`from the collection of computer systems.
`
`56. (Previously presented) The method of claim 30, wherein the placement takes into account a
`
`pre-existing source-target transfer set, and any placements are incremental to the transfer set.
`
`57. (Currently amended) The method of claim 30, wherein the at least one target system onto
`
`which the at least one source system is placed [[is]] comprises a new computer system.
`
`58. (Currently amended) A non-transitory computer readable medium comprising computer-
`
`executable instructions for placing a source system on a target system, comprising instructions
`
`for:
`
`collecting data for a collection of computer systems, the collection of computer systems
`
`comprising a plurality of source systems and a plurality of target systems;
`
`determining a placement of at least one source system from the collection of computer
`
`systems on at least one target system from the collection of computer systems by employing the
`
`following operations:
`
`of the plurality of source systems and a specific target system fromanyeneof
`
`evaluating compatibility between a specific source system from anyene
`
`the plurality of target systems by evaluating one or morerules that operate
`
`againstattributes or data relating to the source and target systems being
`
`evaluated:
`
`evaluating compatibility betweenanytwe-ormere-ofthe specific source
`
`system from the plurality of source systems and one or more other source
`
`systems either already placed on the specific target system, or being evaluated
`
`for placement onto the specific target system, to determine if the specific source
`
`system can be placed with those other source systems on the specific target
`
`system, by evaluating one or more rules that operate against attributes or data
`
`relating to the 4ve-ermere source systems;
`
`evaluating compatibility between anyene-oHthe-pluralityofthe specific
`
`
`
`source system systems and the specific anyerneofthepluralityoftarget system
`
`systems by evaluating the impact on resourceutilization of the specific target
`
`system of placing [[that]] the specific source system on |[that]] the specific target
`
`CPSTDoc: 319885.1
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`10
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`Exhibit1005
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`Page 10
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`VMware, Inc. Exhibit 1005 Page 10
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`system, in combination with [[any]] the one or more other source systems, either
`
`already placed on[[that]] the specific target system, or being evaluated for
`
`placementonto [[that]] the specific target system; and
`
`
`
`
`
`issuing instructions to place the at least one source system on the at least one target
`
`system in accordancewith the determined placement determining.
`
`59. (New) The system of claim 2, wherein the evaluating operations are performedin two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`60. (New) The system of claim 3, wherein the evaluating operations are performedin two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`61. (New) The system of claim 12, wherein the evaluating operations are performed in two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`62. (New) The system of claim 24, wherein the evaluating operations are performed in two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`63. (New) The system of claim 2, wherein:
`
`the at least one source system being placed on the at least one target system comprises
`
`a new computer system that is not currently running on a target system in the collection of
`
`CPSTDoc: 319885.1
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`11
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`Page 11
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`computer systems;
`
`the rules relating to the evaluation of source and target systems, and the rules relating to
`
`the evaluation of source systems against other source systems, are capable of being user-
`
`defined:
`
`the rule-based compatibility analysis is capable of evaluating both technical and
`
`business considerations between source and target systems and between source systems and
`
`other source systems, wherein benchmarks are used to normalize CPU utilization data between
`
`source and target systems in order to accountfor differing CPU performancefor different
`
`systems; and
`
`the evaluating operations are performed in two or moreiterations using the specific
`
`source system and different specific target systems, and wherein a specific iteration is selected
`
`to determine placement according to at least one predeterminedcriterion.
`
`64. (New) The methodof claim 30, wherein the evaluating operations are performedin two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`65. (New) The methodof claim 31, wherein the evaluating operations are performedin two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`66. (New) The methodof claim 40, wherein the evaluating operations are performedin two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`67. (New) The methodof claim 52, wherein the evaluating operations are performedin two or
`
`moreiterations using the specific source system and different specific target systems, and
`
`wherein a specific iteration is selected to determine placement according to at least one
`
`predetermined criterion.
`
`CPSTDoc: 319885.1
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
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`68. (New) The methodof claim 30, wherein:
`
`the at least one source system being placed on the at least one target system comprises
`
`a new computer system that is not currently running on a target system in the collection of
`
`computer systems;
`
`the rules relating to the evaluation of source and target systems, and the rules relating to
`
`the evaluation of source systems against other source systems, are user-defined;
`
`the rule-based compatibility analysis evaluates both technical and business
`
`considerations between source and target systems and between source systems and other
`
`source systems, wherein benchmarks are used to normalize CPU utilization data between
`
`source and target systems in order to accountfor differing CPU performancefor different
`
`systems; and
`
`the evaluating operations are performed in two or moreiterations using the specific
`
`source system and different specific target systems, and wherein a specific iteration is selected
`
`to determine placement according to at least one predeterminedcriterion.
`
`CPSTDoc: 319885.1
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`Application No: 16/687,966
`Amendment Dated: December 10, 2020
`
`Docket No: 59612/00099
`
`REMARKS
`
`Applicant wishes to thank the Examiner for reviewing the present application and for the
`
`indication of allowability.
`
`The claims have been amendedto rearrange the “determine/determining” operation and
`
`to clarify the protection being sought. Claims 4, 25, 32 and 53 have been canceled. New claims
`
`59-68 have been added, which are directed to additional aspects or features.
`
`Applicant submits that no new subject matter has been added by way of these
`
`amendments.
`
`Applicant requests early reconsideration and allowance of the present application.
`
`Respectfully submitted,
`
`/Brett J. Slaney/
`
`Brett J. Slaney
`Agentfor Applicant
`Registration No. 58,772
`
`Date: December 10, 2020
`
`CPST INTELLECTUAL PROPERTYINC.
`Brookfield Place
`181 Bay Street, Suite 2425
`Toronto, Ontario, M5J 2T3
`Canada
`
`Tel: 647-478-2428
`BSL/
`
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