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 .
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, 6, 9, 11, 14, 16 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.
Claim 4 recites the limitation "a cutting knife segment" in line 4. It is unclear if it is referring to the limitation “at least one blade segment” in lines 14-15 or it is referring to the new element. For the purpose of examination, the examiner will interpret the limitation as it is referring to the limitation in claim 2.
Claim 6 recites the limitation "a cutting knife segment" in line 4. It is unclear if it is referring to the limitation “at least one blade segment” in lines 14-15 or it is referring to the new element. For the purpose of examination, the examiner will interpret the limitation as it is referring to the limitation in claim 2.
Claim 13 recites the limitation "a pushing elastic unit" in line 1. It is unclear if it is referring to the limitation in claim 8 line 2 or it is referring to the new element. For the purpose of examination, the examiner will interpret the limitation as it is referring to the limitation in claim 8.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The limitation of claim 13 is the same limitation of claim 8 and with further define claim 8. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoko et al. (US. 20100049129) (“Yoko”)
Re claim 1, Yoko discloses a needle output mechanism (Fig. 1-14, ¶0045), comprising: a base (1b, Fig. 1); a connecting member moveably mounted in the base (10, Fig.5 to Fig. 6); a needle set moveably mounted in the connecting member (100a and 40) and having a soft needle (100a, ¶0066), a needle plug (annotated Fig. 4 of Yoko, top end of 100a, Fig. 14) mounted on an end of the soft needle (Fig, 14) and a hard needle (40) being capable of being mounted in the soft needle (Fig. 2); a needle output operation assembly (20, 1a and 1c) moveably mounted in the base and connected to the needle set (Fig. 2); the needle output operation assembly being capable of being operated to drive the needle set located in the connecting member to protrude out of the base with the hard needle mounted in the soft needle (Fig. 5 to Fig. 6), and then drive the hard needle to detach from the soft needle ( Fig. 7 to Fig. 8); and a needle retraction operation member moveably mounted in the base (50 and 60); the needle retraction operation member being capable of being operated to drive the connecting member and the soft needle in a needle-output state (Fig. 7) to retract back to the base ( Fig.8, Fig. 12).
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) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoko et al. (US. 20100049129) (“Yoko”) in view of Janek et al. (US. 5935104) (“Janek”).
Re claim 2, Yoko discloses that the base has an action room (room inside 1b); a back surface of the base has a base board (top surface of 1b, Fig. 4) and a penetration hole formed on the base board (hole around 1a) and connected to the action room (Fig. 4); a side of the base has an action opening (opening under 60, Fig. 4) connected to the action room (annotated Fig. 4 of Yoko); and a fixing buckling hook is mounted on the base and located outside the action room (top hook between 1b and 1a /1b, annotated Fig. 4 of Yoko, ¶0059); the connecting member is moveably mounted in the action room of the base (Fig.4); the connecting member (10) has a connecting base segment (lower surface of 10); the connecting base segment has a base annular wall (annotated Fig. 4 of Yoko) and a needle set mounting segment mounted in the base annular wall (segment around 100, Fig. 7); the needle set mounting segment has a needle room formed in the needle set mounting segment and a needle plug hole formed on an end (annotated Fig. 4 of Yoko, the plug hole to set on the segment), which faces toward the base board, of the needle set mounting segment and connected to the needle room (annotated Fig. 4 of Yoko); the needle plug hole corresponds to the penetration hole of the base board (annotated Fig. 4 of Yoko); the soft needle of the needle set is moveably mounted in the needle room of the needle set mounting segment (100a annotated Fig. 4 of Yoko); the needle plug that is mounted on the soft needle is capable of being fixed in the needle plug hole (annotated Fig. 4 of Yoko); and the needle output operation assembly has a needle output operating unit (a portion of 20 around 30, Fig. 1), a needle base (top surface of 20 wherein 31 is connected), a sealing unit (100c, Fig. 14, ¶0064), and an elastic unit (100d, ¶0064); the needle output operating unit is moveably mounted in the base, and the needle output operating unit is capable of being fixed and buckled by the fixing buckling hook of the base (annotated Fig. 4 of Yoko); the needle output operating unit having a button segment (1a) and an accommodating room located on a side of the button segment ( room inside 1a); the accommodating room corresponds to the action room (Fig. 4); the needle base is located in the accommodating room of the needle output operating unit and is connected to the needle output operating unit (Fig. 4); the needle base has a needle base head end ( top end of 40) and a needle base connecting rod (rod 30); a connecting segment is mounted between a periphery of the needle base head end and an inner wall of the accommodating room (annotated Fig. 4 of Yoko); the needle base connecting rod is connected to the hard needle and is capable of pushing the needle plug of the needle set (Fig. 5to 8); the sealing unit assembled with the elastic unit is located in the connecting member (annotated Fig. 4 of Yoko); the sealing unit is located outside of the needle set mounting segment and covers the needle room (annotated Fig. 4 of Yoko, ¶0064); the sealing unit is tightly sleeved on an outer side of the needle base connecting rod; the elastic unit is sleeved on the outer side of the needle base connecting rod; two ends of the elastic unit are respectively connected to the needle base head end of the needle base and the sealing unit (Fig. 14), but it fails to disc/CHELSEA E STINSON/
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Annotated Fig. 4 of Yoko
However, Janek disclose a syringe (Fig. 1-18) and wherein connecting member (22) has a connecting head (52a , Fig. 17); the connecting head is mounted on the connecting base and connected to the needle room in the needle set mounting segment (room segment 48); the base annular wall (wall around 44a) has at least one cutting blade segment (78a-b); and connecting segment (44a) is capable of being cut by the cutting blade segment (Col. 6, lines 20-30).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include the connecting head and at least one cutting blade segment so that connecting member has a connecting head; the connecting head is mounted on the connecting base and connected to the needle room in the needle set mounting segment; the connecting head is mounted through the action opening of the base; the base annular wall has at least one cutting blade segment; and connecting segment is capable of being cut by the cutting blade segment as taught by Janek for the purpose of automatically retracting the hard needle as reaching the base segment (Janek, Col. 6, lines 20-30, abstract).
Re claim 3, Yoko discloses the needle base and the needle output operating unit are formed integrally ( 20 and top surface of 20 near 31, Fig. 1).
Re claim 4, Yoko fails to disclose a diameter reducing segment is formed on an end, which is connected to the connecting base segment, of the connecting head of the connecting member, is formed with a reduced diameter and is capable of being cut off; a cutting knife segment is mounted on a side, which corresponds to the connecting head, of the needle output operating unit; the cutting knife segment is capable of being operated to cut off the diameter reducing segment of the connecting head of the connecting member.
However, Janek disclose a syringe (Fig. 1-18) and wherein connecting member (22) has a connecting head (52a , Fig. 17); the connecting head is mounted on the connecting base and connected to the needle room in the needle set mounting segment (room segment 48); the base annular wall (wall around 44a) has at least one cutting blade segment (78a-b); and connecting segment (44a) is capable of being cut by the cutting blade segment (Col. 6, lines 20-30) and a diameter reducing segment is formed on an end (close to 80a, Fig. 17), which is connected to the connecting base segment, of the connecting head of the connecting member, is formed with a reduced diameter and is capable of being cut off; a cutting knife segment is mounted on a side (Col. 6, lines 20-30), which corresponds to the connecting head, of the needle output operating unit (30a); the cutting knife segment is capable of being operated to cut off the diameter reducing segment of the connecting head of the connecting member (Col. 6, lines 20-30).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include the connecting head and at least one cutting blade segment so that a diameter reducing segment is formed on an end, which is connected to the connecting base segment, of the connecting head of the connecting member, is formed with a reduced diameter and is capable of being cut off; a cutting knife segment is mounted on a side, which corresponds to the connecting head, of the needle output operating unit; the cutting knife segment is capable of being operated to cut off the diameter reducing segment of the connecting head of the connecting member as taught by Janek for the purpose of automatically retracting the hard needle as reaching the base segment (Janek, Col. 6, lines 20-30, abstract).
Re claim 5, Yoko disclose that a through hole is formed on a side,( holes around 60) which is adjacent to the action room, of the base and is connected to the action room (Fig. 4); the needle retraction operation member extends into the action room from an outer side of the base via the through hole (60); the needle retraction operation member has a pressing segment (surface of 60, RD60, Fig. 2), an abutting inclined surface (inner surface of 60) and an extending segment (the connected arm to 60); the pressing segment extends to the outer side of the base (Fig. 4); the abutting inclined surface is located on a side (inner surface of 60, Fig. 4), which extends into the action room (Fig. 4), of the pressing segment; the abutting inclined surface abuts the base annular wall of the connecting member ( wall of 10); the extending segment is located on the side (Fig. 5), which extends into the action room, of the pressing segment and bypassing the needle set mounting segment of the connecting member (Fig.5).
Re claim 6, Yoko fails to disclose that an end, which is connected to the connecting base segment, of the connecting head of the connecting member, is formed with a reduced diameter and is capable of being cut off; a cutting knife segment is mounted on a side, which corresponds to the connecting head, of the needle output operating unit; the cutting knife segment is capable of being operated to cut off the diameter reducing segment of the connecting head of the connecting member.
However, Janek disclose a syringe (Fig. 1-18) and wherein connecting member (22) has a connecting head (52a , Fig. 17); the connecting head is mounted on the connecting base and connected to the needle room in the needle set mounting segment (room segment 48); the base annular wall (wall around 44a) has at least one cutting blade segment (78a-b); and connecting segment (44a) is capable of being cut by the cutting blade segment (Col. 6, lines 20-30) that an end, which is connected to the connecting base segment, of the connecting head of the connecting member (close to 80a, Fig. 17), which is connected to the connecting base segment, of the connecting head of the connecting member, is formed with a reduced diameter and is capable of being cut off; a cutting knife segment is mounted on a side (Col. 6, lines 20-30), which corresponds to the connecting head, of the needle output operating unit (30a); the cutting knife segment is capable of being operated to cut off the diameter reducing segment of the connecting head of the connecting member (Col. 6, lines 20-30).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include the connecting head and at least one cutting blade segment so that an end, which is connected to the connecting base segment, of the connecting head of the connecting member, is formed with a reduced diameter and is capable of being cut off; a cutting knife segment is mounted on a side, which corresponds to the connecting head, of the needle output operating unit; the cutting knife segment is capable of being operated to cut off the diameter reducing segment of the connecting head of the connecting member as taught by Janek for the purpose of automatically retracting the hard needle as reaching the base segment (Janek, Col. 6, lines 20-30, abstract).
Claim(s) 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoko in view of Janek and further in view of Carmel (US. 20020177808A1).
Re claim 7, the modified Yoko in view of Janek fails to disclose that the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly (¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a safety bolt so that the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 8, the modified Yoko in view of Janek fails a pushing elastic unit is mounted between the safety cover and the needle output operating unit.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); and a pushing elastic unit (40) is mounted between the safety cover (22) and the needle output operating unit (30, ¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a pushing elastic unit so that a pushing elastic unit is mounted between the safety cover and the needle output operating unit as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 9, the modified Yoko in view of Janek fails to disclose wherein the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly (¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a safety bolt so that the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 10, the modified Yoko in view of Janek fails to disclose wherein the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly (¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a safety bolt so that the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 11, the modified Yoko in view of Janek fails to disclose wherein the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly (¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a safety bolt so that the needle output mechanism has a safety cover and a safety bolt; the safety cover covers an outer side of the needle output operation assembly and is capable of engaging with the base; the safety bolt is mounted in the safety cover and the needle output operating unit of the needle output operation assembly as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 12, the modified Yoko in view of Janek fails to disclose that a pushing elastic unit is mounted between the safety cover and the needle output operating unit.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); and a pushing elastic unit (40) is mounted between the safety cover (22) and the needle output operating unit (30, ¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a pushing elastic unit so that a pushing elastic unit is mounted between the safety cover and the needle output operating unit as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 13, the modified Yoko in view of Janek fails to disclose that a pushing elastic unit is mounted between the safety cover and the needle output operating unit.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); and a pushing elastic unit (40) is mounted between the safety cover (22) and the needle output operating unit (30, ¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a pushing elastic unit so that a pushing elastic unit is mounted between the safety cover and the needle output operating unit as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 14, the modified Yoko in view of Janek fails to disclose that a pushing elastic unit is mounted between the safety cover and the needle output operating unit.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); and a pushing elastic unit (40) is mounted between the safety cover (22) and the needle output operating unit (30, ¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a pushing elastic unit so that a pushing elastic unit is mounted between the safety cover and the needle output operating unit as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 15, the modified Yoko in view of Janek fails to disclose that a pushing elastic unit is mounted between the safety cover and the needle output operating unit.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); and a pushing elastic unit (40) is mounted between the safety cover (22) and the needle output operating unit (30, ¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a pushing elastic unit so that a pushing elastic unit is mounted between the safety cover and the needle output operating unit as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Re claim 16, the modified Yoko in view of Janek fails to disclose that a pushing elastic unit is mounted between the safety cover and the needle output operating unit.
However, Carmel discloses a needle insert device (Fig. 3) and wherein the needle output mechanism has a safety cover (22, Fig. 3) and a safety bolt (28) ; the safety cover covers an outer side of the needle output operation assembly (30, 32) and is capable of engaging with the base (120); and a pushing elastic unit (40) is mounted between the safety cover (22) and the needle output operating unit (30, ¶0033, Fig. 3).
Thus, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modify device of Yoko to include a safety cover and a pushing elastic unit so that a pushing elastic unit is mounted between the safety cover and the needle output operating unit as taught by Carmel for the purpose of preventing activation and insertion the needle without completing the desired situation and intention (Carmel, ¶0003, ¶0032, abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA A. DARB whose telephone number is (571)270-1202. The examiner can normally be reached 8:00-5:00 M-F (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at (571) 270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAMZA A DARB/ Examiner, Art Unit 3783
/CHELSEA E STINSON/ Supervisory Patent Examiner, Art Unit 3783