DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following claim limitations
Motion source (claim 1)
Rocker stop assembly (claim 1)
Rocker stop reset assembly (claim 1)
Damper assembly (claim 9)
Valve catch assembly (claim 11)
has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder
Source (Motion source - claim 1)
Assembly (Rocker stop assembly - claim 1)
Assembly (Rocker stop reset assembly - claim 1)
Assembly (Damper assembly - claim 9)
Assembly (Valve catch assembly - claim 11)
coupled with functional language
Arranged to impart motion to the rocker… (Motion source - claim 1)
Configured to operate in an activated mode, in which the rocker stop assembly maintains the rocker in a position… (Rocker stop assembly - claim 1)
For resetting the rocker stop assembly to the deactivated mode subsequent… (Rocker stop reset assembly - claim 1)
Adapted to provide a smoot transition of the rocker… (Damper assembly - claim 9)
Adapted to control the seating velocity of the at least one valve (Valve catch assembly - claim 11)
without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1 and 9 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Cam (¶0047) (Motion source - claim 1)
Piston (¶0057 and figure 7) (Rocker stop assembly - claim 1)
Plunger/vent (¶0057, figure 7) (Rocker stop reset assembly - claim 1)
Damper (¶0065) (Damper assembly - claim 9)
Piston (1302, figure 19) (Valve catch assembly - claim 11)
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 5, 7-10 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0213442 to Cornell et al. (Cornell).
Cornell discloses:
Regarding claim 1:
A valve actuation system (figure 2, element 44) for actuating at least one engine valve (40/46) of an internal combustion engine (20), the valve actuation system comprising:
a rocker (64) for conveying motion to the at least one engine valve (40/46);
a motion source (60/61) arranged to impart motion to a motion source side (see the motion source side H in figure 3 below) of the rocker (64) such that the rocker (64) moves relative to a cylinder head (30) of the internal combustion engine (20), the motion source (60/61) defining a main event peak lift (see main lobe/peak of cam 60 as shown in figure 2 and 106 as shown in figure 5) for at least one of the at least one engine valve (40/46);
a rocker stop assembly (piston 74 and actuator rod 78 as shown in figures 2 and 4b in keeping with the 35 USC 112(f) interpretation above) at least partially coupled to the cylinder head (when the piston 74 is in contact with the rocker 64 it is coupled to the cylinder head through the rocker arm which is mounted on the cylinder head 30) and configured to operate in
an activated mode (activated mode is when the fluid is supplied to the piston 74 as shown in figure 4b), in which the rocker stop assembly, initially permits the motion source side (H in figure 3 below) of the rocker (64) to move as commanded by the motion source (60/61) (the rocker arm and the valve 40 follows the curve 106 as shown in figure 5) and, after the main event peak lift (after the peak of curve 106 the piston 74 is extended and the rocker and valve 40 follow the curve 108), maintains the motion source side (H in figure 3 below) of the rocker (64) in a stationary position (inherent since 74/78 extends to a position to block the motion of the rocker 64 and hold the motion source side H) corresponding to valve lift such that the motion source side (H in figure 3 below) of the rocker (64) is not commanded by a closing profile of the motion source (60/61) (as the piston 74 extends and holds the rocker arm 64 (and motion source side H) in the extended position (where the motion source 60/61 no longer commands the motion of the rocker arm) the valve 40/46 is kept open or prevented from closing as shown by curve 108 in figure 5 and as further shown by element E in figure 2 below; concerning the amendments to the claims, the piston 74 extending and contact the rocker arm 64 which prevents it (and motion source side H since it is a part of the rocker arm 64) from following (or being commanded by) the motion source), and
a deactivated mode (mode when the rocker stop reset assembly 88 is deactivated allowing fluid from behind the piston 74 to be exhausted; ¶0055), in which the rocker stop assembly allows the motion source side (H in figure 3 below) of the rocker (64) to move as commanded by the motion source (60/61) to a position (when the piston 74 is collapsed the rocker 64 and valve 40 follow the curve 106 and 110) corresponding to a fully closed valve position (curve 110 allows for the valve to be completely closed); and
a rocker stop reset assembly (valve/plunger/vent/solenoid 88 as shown figure 4a or 4b in keeping with the 35 USC 112(f) interpretation above; ¶0055) adapted to reset the rocker stop assembly to the deactivated mode based on a position (see figure 5 which shows how the rocker stop assembly/piston 74 actuation results in the delayed closing of the valve 40 by curve 108) of the motion source side (H in figure 3 below) of the rocker (64) relative to the motion source (60/61) and subsequent to the main event peak lift to thereby achieve late valve closing (see the late valve closing 108 as shown in figure 5).
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Figure 1 – figure 2 of Cornell, annotated by the examiner
Regarding claim 4:
The valve actuation system of claim 1, wherein the rocker stop assembly (piston 74 and actuator rod 78) comprises a hydraulically actuated piston (see the hydraulic circuit 81 and chamber 76 behind piston 74; ¶0033).
Regarding claim 5:
The valve actuation system of claim 1, wherein the rocker stop reset assembly (valve/plunger/vent/solenoid 88) is adapted to reset the rocker stop assembly (piston 74 and actuator rod 78) to the deactivated mode at a predetermined rotational angle of an engine crankshaft or cam (see location D in figure 4 below where the rocker stop reset assembly deactivates the rocker stop assembly and the valve returns to the closed position at the rotation angle between 630 and 720 degrees).
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Figure 2 – figure 5 of Cornell, annotated by the examiner
Regarding claim 7:
The valve actuation system of claim 1, wherein the rocker stop reset assembly (valve/plunger/vent/solenoid 88) is adapted to retain the rocker stop assembly (piston 74 and actuator rod 78) in the activated mode during a portion of the closing profile (see curve 108 which shows how the rocker stop assembly 74 is held in the activated position by the rocker stop reset assembly 88) of the motion source (60/61).
Regarding claim 8:
The valve actuation system of claim 1, wherein the motion source (60/61) is a single cam lobe (see the single lobe cam 60 as shown in figure 2).
Regarding claim 9:
The valve actuation system of claim 1, further comprising a damper assembly (see the accumulator 95 in figure 4a) arranged to interact with the rocker stop assembly (piston 74 and actuator rod 78) and adapted to provide a smooth transition (accumulator dampers oscillations or makes the transition smooth; ¶0054) of the rocker (64) and valve motion to a late intake valve closing dwell (dampers oscillations for the curve 108 which is the late intake valve closing dwell).
Regarding claim 10:
The valve actuation system of claim 9, wherein the damper assembly (95) is disposed in a fixed housing (part of the fluid actuator 70 which is outside of the rocker arm 64) relative to the rocker (64).
Regarding claim 15:
The valve actuation system of claim 1, wherein the rocker stop assembly (piston 74 and actuator rod 78) and rocker stop reset assembly (valve/plunger/vent/solenoid 88) are linked through at least one hydraulic passage (81 as shown in figures 4a and 4b).
Regarding claim 16:
The valve actuation system of claim 1, wherein the motion source (60/61) comprises a sub-base circle cam profile with a closing ramp (see the closing ramp of cam 60 which further produces ramp/curve 106 and 110 as shown in figure 5), where the rocker stop reset assembly (valve/plunger/vent/solenoid 88) is adapted to permit the rocker stop assembly (piston 74 and actuator rod 78) to collapse at a rate such that the rocker (64) follows the sub-base circle cam profile closing ramp (see the closing ramp 108 which ultimately follows the closing ramp of the cam profile shown as curve 110 by allowing the valve to close; applicant should note that the term “follows” in the claim has been interpreted to require the valve to close but not close at the same rate it would as in curve 110 since the term “follows” is broad).
Regarding claim 17:
The valve actuation system of claim 1, wherein the rocker stop reset assembly (valve/plunger/vent/solenoid 88) is adapted to reset the rocker stop assembly (piston 74 and actuator rod 78) to the deactivated mode based on motion source lift (see location D as shown in figure 4 above which allows the valve to collapse between the rotation angle 630 and 720 degrees which is also based on the motion source lift rotation) and to collapse at a rate independent (see curve 108 which at location E in figure 4 above remains open which shows the valve is collapsing at a rate different/independent of the motion source shown as curve 110) of the motion source (60/61).
Regarding claim 18:
The valve actuation system of claim 17, wherein the rocker stop reset assembly (valve/plunger/vent/solenoid 88) comprises a spring-biased reset piston (see the piston/plunger 88 which includes a spring F as shown in figure 5 below) adapted to retain hydraulic fluid in the rocker stop assembly (piston 74 and actuator rod 78) in the activated mode (when the valve 88 is closed/activated it allows fluid to remain in in chamber 76; ¶0053) and to vent hydraulic fluid from the rocker stop assembly (piston 74 and actuator rod 78) to ambient in the deactivated mode (when in the open/deactivated mode the valve 88 allows fluid to flow out of 76; ¶0055), wherein the reset piston is adapted to stay open during the rocker stop assembly (piston 74 and actuator rod 78) collapse (¶0055 and 0056).
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Figure 3 – figure 4a and 4b of Cornell, annotated by the examiner
Regarding claim 19:
A valve actuation system (figure 2, element 44) for actuating at least one engine valve (40/46), the valve actuation system comprising:
a rocker (64) for conveying motion to the at least one engine valve (40/46);
a motion source (60/61) arranged to impart motion to a motion source side (H in figure 3 above) of the rocker (64), the motion source (60/61) defining a main event peak lift (see main lobe/peak of cam 60 as shown in figure 2 and 106 as shown in figure 5) for at least one of the at least one engine valve (40/46);
a rocker stop assembly (piston 74 and actuator rod 78 as shown in figures 2 and 4b in keeping with the 35 USC 112(f) interpretation above) configured to operate in an activated mode (activated mode is when the fluid is supplied to the piston 74 as shown in figure 4b), in which the rocker stop assembly (piston 74 and actuator rod 78) maintains the motion source side (H in figure 3 above) of the rocker (64) in a stationary position (inherent since 74/78 extends to a position to block the motion of the rocker 64 and hold the motion source side H) corresponding to valve lift (see curve 108 in figure 5 which shows the rocker 64 and valve 40 held in the open or in valve lift) such that the motion source side (H in figure 3 above) of the rocker is not commanded by the motion source (as the piston 74 extends and holds the rocker arm 64 (and motion source side H) in the extended position (where the motion source 60/61 no longer commands the motion of the rocker arm) the valve 40/46 is kept open or prevented from closing as shown by curve 108 in figure 5 and as further shown by element E in figure 2 below; concerning the amendments to the claims, the piston 74 extending and contact the rocker arm 64 which prevents it (and motion source side H since it is a part of the rocker arm 64) from following (or being commanded by) the motion source), and a deactivated mode (mode when the rocker stop reset assembly 88 is deactivated allowing fluid from behind the piston 74 to be exhausted and the valve follows curve 110; ¶0055), in which the rocker stop assembly (piston 74 and actuator rod 78) allows the motion source side (H in figure 3 above) of the rocker (64) to move to a position corresponding to a fully closed valve position (see curve 110 where the valve follows the cam 60 and is allowed to fully close or the end of curve 108 where the valve is allowed to fully closed); and
a rocker stop reset assembly (valve/plunger/vent/solenoid 88 as shown figure 4a or 4b in keeping with the 35 USC 112(f) interpretation above; ¶0055) adapted to reset the rocker stop assembly (piston 74 and actuator rod 78) to the deactivated mode based on a position (see figure 5 which shows how the rocker stop assembly/piston 74 actuation results in the delayed closing of the valve 40 by curve 108) of the motion source side (H in figure 3 above) of the rocker (64) relative to the motion source (60/61),
wherein the rocker stop reset assembly (valve/plunger/vent/solenoid 88) is adapted to reset the rocker stop assembly (piston 74 and actuator rod 78) to the deactivated mode based on motion source lift (see location D as shown in figure 4 above which allows the valve to collapse between the rotation angle 630 and 720 degrees which is also based on the motion source lift rotation) and to collapse at a rate independent (see curve 108 which at location E in figure 4 above remains open which shows the valve is collapsing at a rate different/independent of the motion source shown as curve 110) of the motion source (60/61); and
wherein the rocker stop reset assembly (valve/plunger/vent/solenoid 88) comprises a spring-biased reset piston (see the piston/plunger 88 which includes a spring F as shown in figure 5 above) adapted to retain hydraulic fluid in the rocker stop assembly (piston 74 and actuator rod 78) in the activated mode (when the valve 88 is closed/activated it allows fluid to remain in in chamber 76; ¶0053) and to vent hydraulic fluid from the rocker stop assembly (piston 74 and actuator rod 78) to ambient in the deactivated mode (when in the open/deactivated mode the valve 88 allows fluid to flow out of 76; ¶0055), wherein the reset piston (see the piston/plunger 88) is adapted to stay open during the rocker stop assembly (piston 74 and actuator rod 78) collapse (¶0055 and 0056).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0213442 to Cornell et al. (Cornell) as applied to claims 1 above, and further in view of EP 3051080 to Guisasola.
Regarding claim 3:
Cornell fails to disclose:
The valve actuation system of claim 1, wherein the rocker stop assembly is disposed in a motion source side of the rocker.
Guisasola teaches:
A valve actuation system (figure 3) that includes a rocker stop assembly (66/66’) is disposed in a motion source side (46b) of the rocker (46).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cornell to locate the rocker stop assembly of Cornell on the motion source side as taught by Guisasola. This is a simple substitution of one known element (rocker stop assembly located on the valve side of the rocker arm in Cornell) for another (rocker stop assembly located on the motion source side of the rocker arm as taught by Guisasola) to obtain predictable results (to stop the motion of the rocker arm and achieve late intake valve closing).
Allowable Subject Matter
Claims 2, 6, 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: claims 20 is/are allowed primarily because the prior art of record cannot anticipate Applicant' s claimed invention by a single reference nor render Applicant' s claimed invention obvious by the combination of more than one reference.
Furthermore, the prior art of record does not teach “wherein the rocker stop reset assembly comprises a plunger adapted to extend to take up lash between the motion source and the rocker, wherein the plunger is further adapted to reset the rocker stop assembly to the deactivated mode when the plunger extends to a reset position” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claim 20.
Therefore, the prior art of record cannot anticipate Applicant' s claimed invention by a single reference nor render Applicant' s claimed invention obvious by the combination of more than one reference.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 12/10/25 have been fully considered but they are not persuasive.
Regarding the 35 USC 102 rejections of claims 1 and 19 by Cornell:
The applicant has argued that the above rejections on the independent claims is improper and for this reason the rejection should be withdrawn. However, the office is not persuaded. The applicant has argued that the Cornell reference does not teach when the switch to the deactivated mode occurs. Further, the applicant argues that the controller 100 controls the actuation of actuator 88 but does not teach that it controls it based on the position of the motion source side of the rocker relative to the motion source (see page 5 and 6 of the remarks). The office has assumed the applicant is referring to limitation “a rocker stop reset assembly adapted to reset the rocker stop assembly to the deactivated mode based on a position of the motion source side of the rocker relative to the motion source and subsequent to the main event peak lift to thereby achieve late valve closing” (emphasis added by the examiner) in claim 1. However, the office is not persuaded by this argument. This argument clearly does not fit with figure 5 which shows the late valve closing profile 108. The rocker stop assembly (piston 74 and actuator rod 78) is responsible for this curve 108 since it holds the rocker arm (64) in the open position while the cam (60) would other wise have it close. The ending of the deactivation mode is what allows the rocker to eventually close completely as shown by curve 108 at crank angle degrees 630+. This could not be achieved any other way but by the way as described in the claim “a rocker stop reset assembly adapted to reset the rocker stop assembly to the deactivated mode based on a position of the motion source side of the rocker relative to the motion source and subsequent to the main event peak lift to thereby achieve late valve closing” with the rocker stop reset assembly (88) deactivating the rocker stop assembly (piston 74 and actuator rod 78) at the 630+ position which aligns with what is claimed (after the main event peak lift). Further, the reference does indicate the system has sensors to detect the crank angle of the crankshaft (¶0048 and in ¶0056) and controls the valve actuation based on this timing. For this reason, the applicant’s arguments are not persuasive and the above rejections are maintained. Further, regarding the deactivating mode being triggered based on the motion of the motion source side of the rocker relative to the motion source, this limitation is not found in claim 19 (and there are no similar limitations) and therefore arguments that this is not taught by Cornell would not apply to the claim 19 rejection. For these reasons, the above rejections are maintained.
Regarding the 35 USC 102 rejection by Persson:
The applicant’s arguments are persuasive and the previous rejections are withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 WESLEY HARRIS whose telephone number is (571)272-3665. The examiner can normally be reached M to F, 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached on (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WESLEY G HARRIS/Examiner, Art Unit 3783