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 amendments filed 2/2/2026 have been entered. Accordingly, claims 1, 3-6, 8-11, 13-16, 18-21 are pending in the current application.
Response to Arguments
Applicant’s arguments, see remarks filed 2/2/2026, with respect to the rejection(s) of claim(s) 1, 3-6, 8, 10-11 and 13-16 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of both a different interpretation of the previously applied reference, as well as a newly found prior art reference now being used to better reflect the newly added amendments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Both claims 4 and 11 recite the limitation of “a width of the annular cavity gradually decreases along a direction from the air inlet end to the air outlet end”, however claim 1 has now been amended to recite “a diameter of the ventilation cavity gradually increases along a direction from the air inlet end to the air outlet end”. Therefore, it is unclear how the ventilation cavity can have a diameter and/or width that both increases and decreases along the same direction.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-6, 8, 10-11, 13-16 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 2629730 Y) in view of Qu (CN 201802647 U) and in further view of Enzenroth et al. (US 7,682,231 B1).
Regarding claim 1, Luo discloses a ventilator (oxygen breathing machine composed of a shell 1, centrifugal fan 4, buffer tube 6, connected to a respiratory mask, Figure 1 and Page 3 paragraphs 1-3), wherein, the ventilator comprises a ventilation body (as Applicant’s “ventilation body” is the structure of the device in which air is directed towards a breathing mask, as specified in Paragraph 0054 and recited in claim 10, the Examiner is interpreting Luo’s equivalent “ventilation body” as the buffer tube 6, as this is the structure in which air is directed from the fan 4 towards the respiratory mask 7, Figure 1), the ventilation body comprises a ventilation cavity (buffer tube 6 is a tube with an internal cavity, Figure 1) and an air inlet end (end of buffer tube 6 in which air enters from the breathing machine 1, Figure 1) and an air outlet end (opposing end of tube 6 in which air is directed out of tube 6 and into mask 7, Figure 1), wherein the air inlet end and the outlet end communicate with the ventilation cavity (buffer tube 6 is a tube with two ends, therefore the air inlet and air outlet ends communicate with the internal opening of the tube 6, Figure 1).
However, Luo is silent wherein the ventilation body further comprises an annular shell configured to form the ventilation cavity, the annular shell is formed with an annular cavity inside, an air inlet and an air outlet communicate with the annular cavity and are disposed on the annular shell, the air outlet is communicated with the annular cavity and the ventilation cavity and the air outlet has a slit shape extending along a circumferential direction of the annular shell and is configured to be capable to guide gas flows out towards the air outlet end, and wherein the ventilator comprises a base, a power motor and a buffer part, the base comprises a surrounding wall, the power motor is formed to have a column shape, the buffer part is formed to have a cylinder shape and clamped between the power motor and the surrounding wall, and the buffer part is air-permeable.
However, Qu discloses an airflow device comprising a bladeless fan (Abstract and Figures 1-2) comprising a ventilation body (nozzle 210, Figures 1-2 and Paragraph 0027) such that the ventilation body comprises an annular shell configured to form a cavity, with the annular shell formed with a annular cavity inside (nozzle 210 is annular and forms an annular internal channel 211, Figure 2 and Paragraph 0027), an air inlet (air inlet 213, Figure 2 and Paragraph 0027) and an air outlet (air outlet 214, Figure 2 and Paragraph 0027) wherein the air inlet and air outlet communicate with the annular cavity (see Figure 2 showing air inlet 213 and outlet 214 being in fluid communication with internal channel 211) wherein the air outlet has a slit shape extending along a circumferential direction of the annular shell and is capable of guiding gas flows out towards the outlet end (see outlet 214 is formed as a Coanda shaped surface, therefore forming a slit, causing air to eject from the nozzle 210 at high speeds, Paragraphs 0027-0028 and Figure 2); further teaching wherein the ventilator comprises a base (hollow base 10 composing a containing space 110, Figure 2 and Paragraph 0026), a power motor (jet device 113 comprising a motor and blade, Paragraph 0026 and Figure 2), the base comprises a surrounding wall (see base 10 having a surrounding wall, Figure 5).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s ventilation body with a ventilation body comprising an annular shell, forming an annular cavity inside, having an air inlet and air outlet communicating with the annular cavity, such that the air outlet is slit shaped and extending along a circumferential direction to therefore be configured to guide gas flows out towards the air outlet end, as well as a base and a power motor with a surround wall, as taught by Qu, as providing such an angular structure in which air is directed therethrough, wherein the air outlet forms a slit, amplifies the speed and volume in which the air may exit the structure (Paragraphs 0027-0028 of Qu), and providing a base and surrounding wall around the power motor provides structural protection of the motor components.
Regarding a buffer part formed to have a cylinder shape and clamped between the power motor and the surrounding wall, the buffer part being air permeable, and the power motor formed to have a column shape, Enzenroth teaches an exhaust fan assembly configured to direct air upwards (Abstract and Figure 3) comprising a power motor formed to have a column shape (see motor and blade assembly 116 formed as a column shape, Figure 4) and a buffer part formed to have a cylinder shape and clamped between the power motor and a surrounding wall (see cylindrical outer wall 100 configured to be secured between motor assembly 116 and surrounding wall 52, Figures 4-5) wherein the buffer part is air-permeable (ambient air may enter outer wall 100 through passage wall 114, therefore forming an air-permeable buffer, Figures 4-5 and Col. 9 lines 25-30).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s ventilation body by providing a buffer part disposed between the motor and the surrounding wall, such that the buffer part is air-permeable, as taught by Enzenroth, as providing an air-permeable structure between the motor and the outer surrounding wall may aide in directing the incoming air upwards from the motor and towards the outlet of the ventilator body, improving the overall aerodynamic performed of the device.
Regarding claim 3, Luo in view of Qu teach the ventilator according to claim 1, with Qu further teaching wherein, the second side edge of the air outlet is disposed to bend and extend in a direction away from the first side edge (see annotated Figure 2 presented above); and/or a minimum spacing between the first side edge of the air outlet and the second side edge is less than 2 mm (the Examiner notes that due to the presence of the term “and/or”, the remaining limitations are not required by the claim).
Regarding claim 4, Luo in view of Qu teach the ventilator according to claim 1, with Qu further teaching a width of the annular cavity gradually decreases along a direction from the air inlet end to the air outlet end (The Examiner notes the 112b rejection presented above for this particular limitation).
Regarding claim 5, Luo in view of Qu teach the ventilator according to claim 1, with Qu further teaching the base is formed with a cavity inside (containing space 110, Figure 2), an air inlet bole (air inlet 111, Figure 2 and Paragraph 0026) and an air outlet hole (air outlet 222, Figure 2 and Paragraph 0027) communicate with the cavity and are disposed on the base (both the air inlet 111 and outlet 222 disposed on base 10, Figure 2), the power motor is disposed inside the cavity (see air injection device 113 disposed inside containing space 110, Figure 2), the annular shell is installed on the base (annular shell 211 installed on base 10, Figure 2), and the air inlet sealingly communicates with the air outlet hole (see air inlet 213 sealingly communicating with air outlet 222 of base 10, Figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by adding a base with a power motor disposed within a cavity to the ventilation body, as taught by Qu, as providing such a structure around the power source would thereby protect the power source from damage and provide a means of transferring the air flow towards the ventilation body.
Regarding claim 6, Enzenroth further teaches wherein the buffer part is located inside the cavity and disposed to surround the power motor (wall 100 located inside cavity and disposed to surround motor assembly 116, Figure 4); and the base comprises a bottom wall and a surrounding wall configured to form the cavity, wherein a top opening of the cavity forms the air outlet hole, and the air inlet hole is disposed on the surrounding wall (see surrounding wall 52 wherein a top opening 60 forms an air outlet hole, Figures 4-5).
Regarding claim 8, Luo in view of Qu teach the ventilator according to claim 5, with Qu further teaching wherein the ventilator comprises a main control component (main control circuit board, Paragraph 0026), the main control component is disposed in the cavity and configured to control the operation of the power motor (main control circuit board is disposed in base 10, configured to control operation of air injection device 113 and/or motor, Paragraph 0026 and Figure 2), and the main control component is communicatively connected with a control terminal (main control circuit board communicatively coupled to a control button 101, Paragraph 0026 and Figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a main control component and a control terminal, as taught by Qu, as such electrical components would therefore allow for the precise control of the device, allowing the user to power on or power off the device as needed.
Regarding claim 10, Luo in view of Qu teach the ventilator according to claim 1, with Luo further teaching wherein the ventilator comprises a breathing mask provided with a breathing cavity (respiratory mask 7, Figure 1), the ventilation body is connected with the breathing mask (tube 6 connected with respiratory mask 7, Figure 1) and the air outlet end is made to be sealed and communicating with the breathing cavity (air outlet of tube 6 sealed and communicating with the respiratory mask 7, Figure 1).
Regarding claim 11, Luo in view of Qu teach the ventilator according to claim 3, with Qu further teaching wherein a width of the annular cavity gradually decreases along a direction from the air inlet end to the air outlet end and/or a diameter of the ventilation cavity gradually increases along a direction from the air inlet end to the air outlet end (the Examiner notes the general shape of Qu’s ventilation cavity 211 as shown in Figure 2 is the same general shape as shown in Applicant’s Figure 4, therefore also having a ventilation cavity diameter that gradually increases along a direction from inlet to outlet).
Regarding claim 13, Luo in view of Qu teach the ventilator according to claim 3, with Qu further teaching the base is formed with a cavity inside (containing space 110, Figure 2), an air inlet bole (air inlet 111, Figure 2 and Paragraph 0026) and an air outlet hole (air outlet 222, Figure 2 and Paragraph 0027) communicate with the cavity and are disposed on the base (both the air inlet 111 and outlet 222 disposed on base 10, Figure 2), the power motor is disposed inside the cavity (see air injection device 113 disposed inside containing space 110, Figure 2), the annular shell is installed on the base (annular shell 211 installed on base 10, Figure 2), and the air inlet sealingly communicates with the air outlet hole (see air inlet 213 sealingly communicating with air outlet 222 of base 10, Figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by adding a base with a power motor disposed within a cavity to the ventilation body, as taught by Qu, as providing such a structure around the power source would thereby protect the power source from damage and provide a means of transferring the air flow towards the ventilation body.
Regarding claim 14, Luo in view of Qu teach the ventilator according to claim 4, with Qu further teaching the base is formed with a cavity inside (containing space 110, Figure 2), an air inlet bole (air inlet 111, Figure 2 and Paragraph 0026) and an air outlet hole (air outlet 222, Figure 2 and Paragraph 0027) communicate with the cavity and are disposed on the base (both the air inlet 111 and outlet 222 disposed on base 10, Figure 2), the power motor is disposed inside the cavity (see air injection device 113 disposed inside containing space 110, Figure 2), the annular shell is installed on the base (annular shell 211 installed on base 10, Figure 2), and the air inlet sealingly communicates with the air outlet hole (see air inlet 213 sealingly communicating with air outlet 222 of base 10, Figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by adding a base with a power motor disposed within a cavity to the ventilation body, as taught by Qu, as providing such a structure around the power source would thereby protect the power source from damage and provide a means of transferring the air flow towards the ventilation body.
Regarding claim 15, Luo in view of Qu teach the ventilator according to claim 6, with Qu further teaching wherein the ventilator comprises a main control component (main control circuit board, Paragraph 0026), the main control component is disposed in the cavity and configured to control the operation of the power motor (main control circuit board is disposed in base 10, configured to control operation of air injection device 113 and/or motor, Paragraph 0026 and Figure 2), and the main control component is communicatively connected with a control terminal (main control circuit board communicatively coupled to a control button 101, Paragraph 0026 and Figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a main control component and a control terminal, as taught by Qu, as such electrical components would therefore allow for the precise control of the device, allowing the user to power on or power off the device as needed.
Regarding claim 16, Luo in view of Qu teach the ventilator according to claim 1, with Qu further teaching wherein the ventilator comprises a main control component (main control circuit board, Paragraph 0026), the main control component is disposed in the cavity and configured to control the operation of the power motor (main control circuit board is disposed in base 10, configured to control operation of air injection device 113 and/or motor, Paragraph 0026 and Figure 2), and the main control component is communicatively connected with a control terminal (main control circuit board communicatively coupled to a control button 101, Paragraph 0026 and Figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a main control component and a control terminal, as taught by Qu, as such electrical components would therefore allow for the precise control of the device, allowing the user to power on or power off the device as needed.
Regarding claim 21, Luo in view of Qu and Enzenroth teach the ventilator according to claim 1, with Qu further teaching wherein, the air outlet is disposed close to the air inlet end (see outlet 214 disposed close to air inlet 213, Figure 2); and a first side edge of the air outlet close to the air inlet end is disposed to bend and extend towards a second side edge of the air outlet (see “first edge” of air outlet 214 as indicated in annotated Figure 2 below, wherein the edge is bending towards a “second edge” as also indicated in annotated Figure 2), and the first side edge is closer to a central axis of the annular shell in a radial direction of the annular shell compared with the second side edge (see “first edge” closer to central axis of the annual shell body, annotated Figure 2 below); and a diameter of the ventilation cavity gradually increases along a direction from the air inlet end to the air outlet end (the Examiner notes the general shape of Qu’s ventilation cavity 211 as shown in Figure 2 is the same general shape as shown in Applicant’s Figure 4, therefore also having a ventilation cavity diameter that gradually increases along a direction from inlet to outlet).
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Annotated Figure 2 of Qu
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s ventilation body with a ventilation body comprising an annular shell, forming an annular cavity inside, having an air inlet and air outlet communicating with the annular cavity, such that the air outlet is slit shaped and extending along a circumferential direction to therefore be configured to guide gas flows out towards the air outlet end, as taught by Qu, as providing such an angular structure in which air is directed therethrough, wherein the air outlet forms a slit, amplifies the speed and volume in which the air may exit the structure (Paragraphs 0027-0028 of Qu).
Claim(s) 9 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Luo (CN 2629730 Y) in view of Qu (CN 201802647 U) , Enzenroth et al. (US 7,682,231 B1) and in further view of Martin et al. (US 2016/0022948 A1).
Regarding claim 9, Luo in view of Qu and Enzenroth teach the ventilator according to claim 1, with Qu further teaching the ventilator comprises a filter apparatus, the filter apparatus is disposed at the air inlet end (filter screen 331 disposed near air inlet end, Figure 4 and Paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a filter apparatus disposed at the air inlet end, as further taught by Qu, as providing a filter provides a means of purifying the incoming air (Paragraph 0035 of Qu).
Regarding the remaining limitations (The Examiner would like to note however, due to the presence of the term “and/or”, the remaining limitations are not required by the claim), Luo and Qu are silent wherein the ventilator comprises a heat-humidity exchanger, the heat-humidity exchanger is installed at the air outlet end.
However, Martin teaches a ventilator apparatus (ventilator 10, Figure 3a and Paragraph 0102) wherein the ventilator comprises a heat-humidity exchanger, the exchanger installed at the air outlet end (exchanger 3120 serves as a humidity exchanger, see Figure 10 showing exchanger 3120 positioned at the air outlet end, Paragraph 0148).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a heat-humidity exchanger installed at the air outlet end, as taught by Martin, as using a heat-humidity exchanger within a ventilator system may reduce the output requirements or need for some humidification components that are typically employed to humidify inspired air, and may also reduce the energy used by heating coils to heat water to humidify the air (Paragraph 0148 of Martin).
Regarding claim 18, Luo in view of Qu teach the ventilator according to claim 3, with Qu further teaching the ventilator comprises a filter apparatus, the filter apparatus is disposed at the air inlet end (filter screen 331 disposed near air inlet end, Figure 4 and Paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a filter apparatus disposed at the air inlet end, as further taught by Qu, as providing a filter provides a means of purifying the incoming air (Paragraph 0035 of Qu).
Regarding the remaining limitations (The Examiner would like to note however, due to the presence of the term “and/or”, the remaining limitations are not required by the claim), Luo and Qu are silent wherein the ventilator comprises a heat-humidity exchanger, the heat-humidity exchanger is installed at the air outlet end.
However, Martin teaches a ventilator apparatus (ventilator 10, Figure 3a and Paragraph 0102) wherein the ventilator comprises a heat-humidity exchanger, the exchanger installed at the air outlet end (exchanger 3120 serves as a humidity exchanger, see Figure 10 showing exchanger 3120 positioned at the air outlet end, Paragraph 0148).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a heat-humidity exchanger installed at the air outlet end, as taught by Martin, as using a heat-humidity exchanger within a ventilator system may reduce the output requirements or need for some humidification components that are typically employed to humidify inspired air, and may also reduce the energy used by heating coils to heat water to humidify the air (Paragraph 0148 of Martin).
Regarding claim 19, Luo in view of Qu teach the ventilator according to claim 4, with Qu further teaching the ventilator comprises a filter apparatus, the filter apparatus is disposed at the air inlet end (filter screen 331 disposed near air inlet end, Figure 4 and Paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a filter apparatus disposed at the air inlet end, as further taught by Qu, as providing a filter provides a means of purifying the incoming air (Paragraph 0035 of Qu).
Regarding the remaining limitations (The Examiner would like to note however, due to the presence of the term “and/or”, the remaining limitations are not required by the claim), Luo and Qu are silent wherein the ventilator comprises a heat-humidity exchanger, the heat-humidity exchanger is installed at the air outlet end.
However, Martin teaches a ventilator apparatus (ventilator 10, Figure 3a and Paragraph 0102) wherein the ventilator comprises a heat-humidity exchanger, the exchanger installed at the air outlet end (exchanger 3120 serves as a humidity exchanger, see Figure 10 showing exchanger 3120 positioned at the air outlet end, Paragraph 0148).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a heat-humidity exchanger installed at the air outlet end, as taught by Martin, as using a heat-humidity exchanger within a ventilator system may reduce the output requirements or need for some humidification components that are typically employed to humidify inspired air, and may also reduce the energy used by heating coils to heat water to humidify the air (Paragraph 0148 of Martin).
Regarding claim 20, Luo in view of Qu teach the ventilator according to claim 5, with Qu further teaching the ventilator comprises a filter apparatus, the filter apparatus is disposed at the air inlet end (filter screen 331 disposed near air inlet end, Figure 4 and Paragraph 0035).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a filter apparatus disposed at the air inlet end, as further taught by Qu, as providing a filter provides a means of purifying the incoming air (Paragraph 0035 of Qu).
Regarding the remaining limitations (The Examiner would like to note however, due to the presence of the term “and/or”, the remaining limitations are not required by the claim), Luo and Qu are silent wherein the ventilator comprises a heat-humidity exchanger, the heat-humidity exchanger is installed at the air outlet end.
However, Martin teaches a ventilator apparatus (ventilator 10, Figure 3a and Paragraph 0102) wherein the ventilator comprises a heat-humidity exchanger, the exchanger installed at the air outlet end (exchanger 3120 serves as a humidity exchanger, see Figure 10 showing exchanger 3120 positioned at the air outlet end, Paragraph 0148).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Luo’s device by including a heat-humidity exchanger installed at the air outlet end, as taught by Martin, as using a heat-humidity exchanger within a ventilator system may reduce the output requirements or need for some humidification components that are typically employed to humidify inspired air, and may also reduce the energy used by heating coils to heat water to humidify the air (Paragraph 0148 of Martin).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785