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 Amendment
The amendment filed 12/16/2025 has been entered. Claims 1-3 and 5-18 are pending in the application.
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.
Claims 1-2, 5-6 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nick (20170251945) in view of Stewart (9883831).
Regarding claim 1, Nick (Figures 1-11) teaches an apparatus for determining a cognitive state of a user of a mobile device of the apparatus, the apparatus comprising: the mobile device comprising: a first camera (Para. 0077) arranged to record images in a first view direction, at least one of: (i) a second camera (Para. 0078) for recording images in a second view direction and configured record images of at least one feature (Para. 0078) of a user, and(ii) a microphone (Para. 0054, 0105) for recording an audio signal, and an optical output device (Para. 0078) configured to generate optical information to the user, wherein the first camera is configured to record images in the first view direction of an environment of the mobile device (Para. 0077); a processor (Para. 0068) comprising: a path means (Para. 0083) configured to determine a positional path of the mobile device in the environment, the positional path comprising a sequence of position points (Para. 0039, 0078), a cognitive state means configured to determine the cognitive state of the user based on the positional path of the mobile device (Para. 0078), a user feature means configured to at least one of: detecting and tracking at least one feature of the user in the images recorded by the second camera (Para. 0078) and/or in the audio signal recorded by the microphone while the user solves the task; and wherein the cognitive state means is configured to determine the cognitive state of the user further based on the at least one feature of the user (Para. 0078).
It is noted that the prior art of Nick teaches the claim recitation of “a cognitive state means configured to determine the cognitive state of the user based on the positional path of the mobile device.” Nick (Para. 0078) discloses: “for example, the mobile device 602 determines that the user 110 is geographically located at a particular office. The mobile device 602 determines from the multichannel voltage recording device 114 that the level of stress of the user 110 corresponds to a stressed state (as opposed to a relaxed state).”
Regarding the claim recitation of “the positional path comprising a sequence of position points”, it is noted that applicant’s specification (Para. 0042) discloses: “the path means 6 is configured to determine the path of the mobile device 2, in particular the path which the mobile device 2 follows, while at least a part of the task is solved. The path is a sequence of position points (in a position sampling window). A position point comprises a one-, two- or preferably three-dimensional location and/or a one-, two- or preferably three-dimensional orientation of the mobile device 2. Thus, a position point can have between one and six dimensions.”
It is noted that the prior art of Nick (Para. 0039) discloses: “the display device 102 may also identify tracking data related to the physical object 112 (e.g., GPS location of the display device 102, orientation, distance to the physical object 112)”. Nick (Para. 0078) discloses: “for example, the mobile device 602 determines that the user 110 is geographically located at a particular office. The mobile device 602 determines from the multichannel voltage recording device 114 that the level of stress of the user 110 corresponds to a stressed state (as opposed to a relaxed state)”. GPS tracking inherently includes the claimed “sequence of position points” because GPS uses three dimensional (3D) coordinates (i.e. points) to determine a user’s location.
Nick does not teach a task means configured to interact via the optical output device with the user to make the user solve a task using an augmented reality environment shown via the optical output device and based on the environment of the mobile device captured by the camera, and determine the cognitive state of the user while the user solves the task.
Stewart (Figures 1-15) teaches a task means configured to interact via the optical output device with the user to make the user solve a task via the optical output device (Col. 7, Lines 11-35) to determine an overall cognitive, emotional, and attentional state of the user.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide Nick with a task means configured to interact via the optical output device with the user to make the user solve a task via the optical output device as taught by Stewart as a means of providing a user with tasks on a display used to determine the overall cognitive, emotional, and attentional state of a user (Stewart: Col. 7, Lines 11-35).
Regarding claim 2, the modified Nick (Figures 1-11) teaches a second camera (Para. 0078) for recording images in a second view direction and configured record images of at least one feature (Para. 0078) of a user.
The modified Nick does not teach the second camera is configured to take a series of images while the user solves the task, wherein the user feature means is configured to detect the at least one feature of the user in the series of images and to determine a time series of the at least one feature detected in the series of images, wherein the cognitive state means is configured to determine the cognitive state of user further based on the time series of the at least one feature of the user.
Stewart (Figures 1-15) teaches the second camera is configured to take a series of images while the user solves the task (Col. 7, Lines 11-35), wherein the user feature means is configured to detect the at least one feature of the user in the series of images and to determine a time series (Col. 7, Lines 11-35) of the at least one feature detected in the series of images, wherein the cognitive state means is configured to determine the cognitive state of user further based on the time series of the at least one feature of the user.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the cognitive state means is configured to determine the cognitive state of user as taught by Stewart as a means of providing a user with tasks on a display used to determine the overall cognitive, emotional, and attentional state of a user (Stewart: Col. 7, Lines 11-35).
Regarding claim 5, the modified Nick (Figures 1-11) teaches the optical output device comprises a display arranged on a first side of the mobile device, wherein the second camera is arranged on the first side of the mobile device and/or is arranged such that the second view direction shows in the same direction as the normal vector of a surface of the display, wherein the first camera is arranged on a second side of the mobile device opposed to the first side and/or is arranged such that the first view direction shows in the opposite direction as the normal vector of surface of the display (Para. 0077-0078).
Regarding claim 6, the modified Nick (Figures 1-11) teaches the mobile device is a portable handheld mobile device (Para. 0077-0078).
Regarding claim 14, the modified Nick (Figures 1-11) teaches the cognitive state is a health state with respect to at least one brain disease or brain damage (Para. 0017).
Regarding claim 15, the modified Nick (Figures 1-11) teaches computer (Para. 0028, 0100) program for determining a cognitive state of a user of a mobile device of the apparatus according to claim 1, including instructions configured to perform the following steps, when the instructions are executed on a processor of the mobile device: interacting via the optical output device of the mobile device with the user (Para. 0078), wherein the augmented reality environment is shown via the optical output device and is based on an environment of the mobile device captured by the first a camera of the mobile device (Para. 0077), wherein the camera is arranged in the mobile device for recording images in a first view direction of the environment of the mobile device (Para. 0077); receiving a positional path (Para. 0083), comprising a sequence of position points (Para. 0039, 0078), of the mobile device performed; receiving at least one user feature (Para. 0078) extracted from at least one of images recorded with the second camera (Para. 0078) of the mobile device, wherein the second camera is arranged in the mobile device for recording images in a second view direction (Para. 0078), and/or an audio signal recorded with a microphone (Para. 0054, 0105); and determining the cognitive state of the user based on the received positional path of the mobile device and the received at least one user feature (Para. 0078).
It is noted that the prior art of Nick (Para. 0039) discloses: “the display device 102 may also identify tracking data related to the physical object 112 (e.g., GPS location of the display device 102, orientation, distance to the physical object 112)”. Nick (Para. 0078) discloses: “for example, the mobile device 602 determines that the user 110 is geographically located at a particular office. The mobile device 602 determines from the multichannel voltage recording device 114 that the level of stress of the user 110 corresponds to a stressed state (as opposed to a relaxed state)”. GPS tracking inherently includes the claimed “sequence of position points” because GPS uses three dimensional (3D) coordinates (i.e. points) to determine a user’s location.
The modified Nick does not teach interacting via the optical output device of the mobile device with the user to make the user solve a task using an augmented reality environment.
Stewart (Figures 1-15) teaches interacting via the optical output device of the mobile device with the user to make the user solve a task (Col. 7, Lines 11-35).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with interacting via the optical output device of the mobile device with the user to make the user solve a task as taught by Stewart as a means of providing a user with tasks on a display used to determine the overall cognitive, emotional, and attentional state of a user (Stewart: Col. 7, Lines 11-35).
Regarding claim 16, the modified Nick (Figures 1-11) teaches a method for determining a cognitive state of a user of a mobile device of the apparatus according to claim 1, the method comprising the steps of: the mobile device interacting via the output device of the mobile device with the user (Para. 0078), wherein the augmented reality environment is shown via the optical output device and is based on an environment of the mobile device captured by the first camera of the mobile device, wherein the camera is arranged in the mobile device for recording images in a first view direction of the environment of the mobile device (Para. 0078); determining a positional path (Para. 0083), comprising a sequence of position points (Para. 0039, 0078), performed by the mobile device; recording images with the second camera (Para. 0078) of the mobile device, wherein the second camera is arranged in the mobile device for recording images in the second view direction (Para. 0078) and/or recording an audio signal with a microphone of the mobile device (Para. 0054, 0105), determining at least one user feature (Para. 0078) over time based on the images and/or the audio signal recorded; and determining the cognitive state of the user based on the determined positional path of the mobile device and the determined at least one user feature over time (Para. 0078).
Nick does not teach the mobile device interacting via the output device of the mobile device with the user to make the user solve a task using an augmented reality environment.
Stewart (Figures 1-15) teaches the mobile device interacting via the output device of the mobile device with the user to make the user solve a task (Col. 7, Lines 11-35).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with interacting via the output device of the mobile device with the user to make the user solve a task as taught by Stewart as a means of providing a user with tasks on a display used to determine the overall cognitive, emotional, and attentional state of a user (Stewart: Col. 7, Lines 11-35).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nick in view of Stewart, further in view of Sadowsky (20170095192).
Regarding claim 3, the modified Nick (Figures 1-11) teaches a second camera (Para. 0078) for recording images in a second view direction and configured record images of at least one feature (Para. 0078) of a user.
The modified Nick does not teach the at least one feature of the user detected or tracked in the images recorded by the second camera while the user solves the task comprises a pupil dilation of an eye of the user.
Sadowsky (Figures 1-26) teaches the at least one feature of the user detected or tracked in the images recorded by the second camera comprises a pupil dilation of an eye of the user (Para. 0058, 0106).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the at least one feature of the user detected or tracked in the images recorded by the second camera comprises a pupil dilation of an eye of the user as taught by Sadowsky as means of determining a cognitive state of a user from images of pupil dilation of the user (Sadowsky: Para. 0057-0058)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nick in view of Stewart, further in view of Hresko (20180242920).
Regarding claim 7, the modified Nick (Figures 1-11) teaches a first camera (Para. 0077) arranged to record images in a first view direction.
The modified Nick does not teach the task means is configured to interact via the output device with the user to make the user walk with the mobile device in the environment.
Hresko (Figures 1-11) teaches the task means is configured to interact via the output device with the user to make the user walk (See fig. 9A) (Para. 0086) with the mobile device in the environment (Para. 0103, 0108).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the task means is configured to interact with the user to make the user walk with the mobile device in the environment as taught by Hresko as a means of instructing a user to perform a walking task to obtain medical information related to the user (Hresko: Para. 0086, 0103, 0108).
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nick in view of Stewart, further in view of DO (20180084537).
Regarding claim 8, the modified Nick (Figures 1-11) teaches a first camera (Para. 0077) arranged to record images in a first view direction.
The modified Nick does not teach the task means is configured to define at least one target position in the augmented reality environment and to perform the following steps for each of the at least one target position: invite the user to find the respective target position in the augmented reality environment; and consider the respective target position as found in the augmented reality environment, when the user has moved the mobile device in a position in the environment, in which the at least one target position is captured by the camera and is configured to be shown, on the optical output device.
DO (Figures 1-13) teaches the task means is configured to define at least one target position in the augmented reality environment (Para. 0087) and to perform the following steps for each of the at least one target position: invite the user to find the respective target position in the augmented reality environment (Para. 0087); and consider the respective target position as found (Para. 0081) in the augmented reality environment (Para. 0087), when the user has moved the mobile device in a position in the environment, in which the at least one target position is captured by the camera and is configured to be shown, on the optical output device (Para. 0087).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with invite the user to find the respective target position in the augmented reality environment as taught by Do as a means of using finding a location of a target and instructing a user to find the target object through a user interface (DO: Para. 0087).
Regarding claim 9, the modified Nick (Figures 1-11) teaches a first camera (Para. 0077) arranged to record images in a first view direction.
The modified Nick does not teach the task means is configured to define the at least one target position in the augmented reality environment based on a user input of the mobile device.
DO (Figures 1-13) teaches the task means is configured to define the at least one target position in the augmented reality environment based on a user input of the mobile device (Para. 0080, 0087).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the task means is configured to define the at least one target position in the augmented reality environment based on a user input as taught by Do as a means of using finding a location of a target and instructing a user to find the target object through a user interface (DO: Para. 0087).
Regarding claim 10, the modified Nick (Figures 1-11) teaches a first camera (Para. 0077) arranged to record images in a first view direction.
The modified Nick does not teach the at least one target position comprises at least two target positions, wherein the task means is configured to at least one of: associate each of the at least two target positions with a different feature which is output to the user by the output device, when the respective target position is defined and/or shown in the augmented reality environment, wherein the user is invited to find one of the at least two target positions in the augmented reality environment by outputting the feature associated with the one target position by the output device, and subsequently invite the user to find the at least two target positions such that after one of the at least two target positions is considered to be found, the user is invited to find a subsequent one of the at least two target positions.
DO (Figures 1-13) teaches the at least one target position comprises at least two target positions (Para. 0080) (See fig. 9), wherein the task means is configured to at least one of: associate each of the at least two target positions with a different feature which is output to the user by the output device (Para. 0087), when the respective target position is defined and/or shown in the augmented reality environment (Para. 0087) (See fig. 9), wherein the user is invited to find one of the at least two target positions in the augmented reality environment by outputting the feature associated with the one target position by the output device (Para. 0087), and subsequently invite the user to find the at least two target positions such that after one of the at least two target positions is considered to be found (Para. 0080), the user is invited to find a subsequent one of the at least two target positions (Para. 0080, 0087).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with at least one target position comprises at least two target positions as taught by Do as a means of finding one or more targets in an augmented/virtual reality environment (DO: Para. 0080, 0087).
Regarding claim 11, the modified Nick (Figures 1-11) teaches a first camera (Para. 0077) arranged to record images in a first view direction.
The modified Nick does not teach the task means is configured to give out via the output device a plurality of stimuli for distracting the user while solving the task and/or while finding each of the at least one target positions.
DO (Figures 1-13) teaches the task means is configured to give out via the output device a plurality of stimuli (Para. 0087) for distracting the user while solving the task and/or while finding each of the at least one target positions (Para. 0080, 0087).
It is noted that claim are interpreted using a broadest reasonable interpretation (BRI). The prior art of DO (Para. 0087) discloses: “the processor 180 may cause the user interface 186 to provide a visual indication and/or an audible indication of the location of the target device.” Under BRI, the voice prompt disclosed by DO can be a distraction as what is considered to be a distraction is subjective.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the task means is configured to give out via the output device a plurality of stimuli for distracting the user as taught by Do as a means of providing multiple indications to a user while performing a task (DO: Para. 0087).
Regarding claim 12, the modified Nick (Figures 1-11) teaches a first camera (Para. 0077) arranged to record images in a first view direction.
The modified Nick does not teach the task means is configured to require the user after each stimulus to solve a sub-task before continuing with solving the task and/or with finding the respective target position invited to find.
DO (Figures 1-13) teaches the task means is configured to require the user after each stimulus to solve a sub-task (Para. 0087) before continuing with solving the task and/or with finding the respective target position invited to find (Para. 0080, 0087).
It is noted that claim are interpreted using a broadest reasonable interpretation (BRI). The prior art of DO (Para. 0087) discloses: “the user could hold the user interface 186 up and the user interface 186 may capture the environment with a camera and display directional indications (e.g., to move forward, to the right, to the left, up, down, and/or to reverse direction), or may provide an indication of the target device as if any barriers such as walls were transparent.” Under BRI, the display directions disclosed by DO can be a sub-task as what is considered to be a sub-task is subjective.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the task means is configured to require the user after each stimulus to solve a sub-task as taught by Do as a means of providing multiple indications to a user while performing a task (DO: Para. 0087).
Regarding claim 13, the modified Nick (Figures 1-11) teaches a user input device.
The modified Nick does not teach the task means is configured to consider the sub-task solved, when receiving a certain user input over the user input device.
DO (Figures 1-13) teaches the task means is configured to consider the sub-task solved, when receiving a certain user input over the user input device (Para. 0080, 0087).
It is noted that claim are interpreted using a broadest reasonable interpretation (BRI). The prior art of DO (Para. 0087) discloses: “the user could hold the user interface 186 up and the user interface 186 may capture the environment with a camera and display directional indications (e.g., to move forward, to the right, to the left, up, down, and/or to reverse direction), or may provide an indication of the target device as if any barriers such as walls were transparent.” Under BRI, the display directions disclosed by DO can be a sub-task and is considered to be solved when the directions are followed by a user.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the task means is configured to require the user after each stimulus to solve a sub-task as taught by Do as a means of providing multiple indications to a user while performing a task (DO: Para. 0087).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Nick in view of Stewart, further in view of Hresko (20180242920).
Regarding claim 17, the modified Nick (Figures 1-11) teaches a cognitive state means configured to determine the cognitive state of the user based on the positional path of the mobile device (Para. 0078).
The modified Nick does not teach the cognitive state means is configured to determine the cognitive state of the user based on gait information extracted from the positional path of the mobile device.
Hresko teaches the cognitive state means is configured to determine the cognitive state of the user based on gait information extracted from the positional path of the mobile device (Para. 0103, 0109).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with determining the cognitive state of the user based on gait information extracted from the positional path of the mobile device as taught by Hresko as a means of asking a patient questions about how they are feeling during a walking test (Hresko: Para. 0103, 0109).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Nick in view of Stewart, further in view of Sadowsky (20170095192).
Regarding claim 17, the modified Nick (Figures 1-11) teaches a cognitive state means configured to determine the cognitive state of the user based on the positional path of the mobile device (Para. 0078).
The modified Nick does not teach the cognitive state means is configured to determine the cognitive state of the user based on gait information extracted from the positional path of the mobile device.
Sadowsky teaches the cognitive state means is configured to determine the cognitive state of the user based on gait information extracted from the positional path of the mobile device (Para. 0044).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with determining the cognitive state of the user based on gait information extracted from the positional path of the mobile device as taught by Sadowksy as a means of evaluating the mental state of a user while walking (Sadowsky: Para. 0044).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Nick in view of Stewart and Hresko, further in view of Attal (20160157777), or alternatively, claim 18 is rejected under 35 U.S.C. 103 as being unpatentable Nick in view of Stewart and Sadowsky, further in view of Attal (20170095192).
Regarding claim 18, the modified Nick (Figures 1-11) teaches a cognitive state means configured to determine the cognitive state of the user based on the positional path of the mobile device (Para. 0078).
The modified Nick does not teach the cognitive state is a health state selected from Alzheimer's disease or preclinical Alzheimer's pathological change.
Attal teaches the cognitive state is a health state selected from Alzheimer's disease (Para. 0143) or preclinical Alzheimer's pathological change.
It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to provide the modified Nick with the cognitive state is a health state selected from Alzheimer's disease or preclinical Alzheimer's pathological change as taught by Attal as a means of using a processor for detecting and classifying a type of mental state including Alzheimer’s disease (Attal: Para. 0143).
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Applicant argues that the combination of the prior art of Nick and Steward does not teach the recitation in claims 1 and 15-16 of a “positional path comprising a sequence of position points”, this is not found persuasive because it is noted that applicant’s specification (Para. 0042) discloses: “the path means 6 is configured to determine the path of the mobile device 2, in particular the path which the mobile device 2 follows, while at least a part of the task is solved. The path is a sequence of position points (in a position sampling window). A position point comprises a one-, two- or preferably three-dimensional location and/or a one-, two- or preferably three-dimensional orientation of the mobile device 2. Thus, a position point can have between one and six dimensions.” It is noted that the prior art of Nick (Para. 0039) discloses: “the display device 102 may also identify tracking data related to the physical object 112 (e.g., GPS location of the display device 102, orientation, distance to the physical object 112)”. Nick (Para. 0078) discloses: “for example, the mobile device 602 determines that the user 110 is geographically located at a particular office. The mobile device 602 determines from the multichannel voltage recording device 114 that the level of stress of the user 110 corresponds to a stressed state (as opposed to a relaxed state)”. GPS tracking inherently includes the claimed “sequence of position points” because GPS uses three dimensional (3D) coordinates (i.e. points) to determine a user’s location.
Applicant argues that the prior art does not teach determining cognitive state of a user from the movement of a mobile device through an environment because the prior art of Nick does not provide any link between the device location and determining a cognitive state of the user, this is not found persuasive because claim 1 recites “a cognitive state means configured to determine the cognitive state of the user based on the positional path of the mobile device.” Nick (Para. 0078) discloses: “for example, the mobile device 602 determines that the user 110 is geographically located at a particular office. The mobile device 602 determines from the multichannel voltage recording device 114 that the level of stress of the user 110 corresponds to a stressed state (as opposed to a relaxed state).” It is noted that Nick discloses determining a user is in a stresses state based on the geographical location of the user (Nick: Para. 0078). Further, Nick (Para. 0078) discloses “for example, the mobile device 602 may obtain a live picture of the user 110 using the front facing camera to determine a smile or a frown”. A “positional path” of the mobile device includes a path in which the device is used to take a picture of a user to determine the cognitive state of the user.
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.
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/C.G./Examiner, Art Unit 3711
/JOSEPH B BALDORI/Primary Examiner, Art Unit 3711