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 .
Election/Restrictions
Applicant’s election without traverse of Group 1 (claims 1, 10-13, and 15) in the reply filed on 12/01/2025 is acknowledged.
Furthermore, it is noted that claim 7 has been amendment to depend on claim 1. However, the claims are drawn to non-elected invention. The following claims are directed to the non-elected invention:
Claim 7 has limitations directed to “further comprising: an anchor beam extending from said first end partially towards said second end; a catch pivotally connected to said bar and releasably connected to said anchor beam; wherein said torque setting screw is configured such that rotation of said torque setting screw in a first direction biases said bar away from said anchor beam and rotation in a second direction biases said bar toward said anchor beam”. As disclosed in the specification (see paragraph 0013) the elected invention of Group 1 (claims 1, 10-13, and 15), is illustrated as “a first basic embodiment” having the claimed structure of claim 1. The specification also discloses in paragraph 0014 “a second basic embodiment” being a “split beam torque wrench” (Group 7) comprising two beams within the housing and further disclosing the split beam torque wrench comprises the anchor beam and catch (see paragraph 0060). Furthermore, there is no disclosure in the specification that invention of Group 1 (first basic embodiment) can have or further include the anchor beam and catch of Group 7 (second basic embodiment), therefore claim 7 and 14 (claim 14 depends on claim 7) is drawn to the non-elected invention of group 7.
Thus, claims 7 and 14 are also withdrawn from consideration.
Status of Claims
The action is in reply to the Application filed on 12/01/2025. Claims 1, 7, and 10-16 are currently pending. Claims 2-6 and 8-9 are canceled by applicant. Claims 7 and 14 are withdrawn. Claims 1, 10-13, and 15-16 are being examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/22/2023 and 11/13/2024 have been received and considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
“a recessed resistive element” in claim 11, lines 1-2
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 10-13 and 15-16 are objected to because of the following informalities:
In claim 1, line 10 “acceleration sensor” should be “an acceleration sensor”
In claim 1, lines 11, 12, and 13 “said torque main body” should be “said
In claims 10-13 and 15-16 “An apparatus according to claim” should be “[[An]] The apparatus according to claim”
In claim 11, line 2 “a PCB spacer” should be “a printed circuit board (PCB") spacer” (as supported in paragraph 0011 of the specification)
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a recessed resistive element for converting rotational or translational movement of a PCB spacer to torque setting and application” in claim 11, lines 1-3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 14 is 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 limitation “a recessed resistive element for converting rotational or translational movement of a PCB spacer to torque setting and application” in claim 11, lines 1-3 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed function. In particular, the specification merely states the claimed function of the resistive element is operatively coupled to the torque setting screw and produces an output signal, the output signal being dependent on the position of the torque setting screw relative to the resistive element. There is no disclosure of any particular structure, either explicitly or inherently, to perform the function. The use of the term “recessed resistive element” is not adequate structure for performing the claimed function because it does not describe a particular structure for performing the function. Thus, the specification does not provide sufficient details such that one of ordinary skill in the art would understand which mechanical structures perform(s) the claimed function.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed function of the recessed resistive element for converting rotational or translational movement of a PCB spacer to torque setting and application. The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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, 11-13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Pub. No. 2012/0132043) in view of May (EP 2722132) and Horiba (US Pub. No. 2023/0191571).
Regarding claim 1, Chen discloses: an apparatus (Figures 1-13 element 10 and see also paragraph 0029) comprising:
a main tube (element 14) defining an elongated interior compartment (element 19);
a wrench head (element 16) including a workpiece engaging portion (elements 9/18) and a bar (element 20) extending therefrom (see figure 2), said wrench head being pivotally secured to a first end (see paragraph 0032) of said main tube at a pivot joint (element 50), said bar extending into said interior compartment and said workpiece engaging portion extending outwardly from said main tube (see figure 2 and see also paragraph 0032);
a hand grip (element 22) located on a second end of said main tube (see figure 2 and claim 2);
a torque setting screw (element 40 and see also paragraphs 0037-0038) threadably received within said main tube (see figures 6A-6B and see also paragraph 0010);
a gyro (element 27 and see also paragraph 0030) operatively connected to a microcontroller (element 1002 and see also paragraph 0045);
an input interface (element 56 and see also paragraph 0033) operationally mounted on said torque main tube (see figures 1-2);
an electronic display (element 54 and see also paragraph 0033) operationally mounted on said torque main tube (see figures 1-2);
said microcontroller configured to receive angle of rotation data from said gyro (see paragraph 0045), and to output result data to said electronic display (see paragraph 0045), sound instructions to said electronic audio output device, and/or vibration signal to a haptic output device (Giving the limitation requires to output result data and defines the limitation of “and/or”, and since the prior art meets at least one of the following limitations, thus the prior art meets claim 1).
However, Chen appears to be silent comprising an acceleration sensor, an electronic audio output device operationally mounted on said torque main tube, and said microcontroller configured to receive acceleration data from said acceleration sensor.
May is also concern in providing an apparatus (Figure 1 element 1 and see also paragraph 0094) for fastening (see paragraph 0008), wherein the apparatus comprises a controller (element 30 and see also paragraph 0097) and a gyro (element 12 and see also paragraph 0095). May further teaches an acceleration sensor (element 11 and see also paragraph 0095) and wherein the controller configured to receive acceleration data from said acceleration sensor (see paragraph 0017/0066/0095/0097).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teachings of May to provide an acceleration sensor and wherein said controller is configured to receive acceleration data from said acceleration sensor. One of ordinary skill in the art would recognize that providing an additional performance data and feedback would necessarily allow for better and more thorough analysis of tool performance to be performed.
However, Chen modified appears to be silent comprising an electronic audio output device operationally mounted on said torque main tube.
Horiba is also concern in providing an apparatus (Figures 1-2B and see also paragraph 0016) comprising a main tube (element 112) and a wrench head (element 40). Horiba further teaches an electronic audio output device operationally mounted on said torque main tube (see paragraph 0032 where the prior art discloses “a sound generator (a speaker, a buzzer, etc.)" (electronic audio output device) being provided at an arbitrary position of element 112 (main body)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teachings of Horiba to provide an electronic audio output device operationally mounted on said torque main tube. One of ordinary skill in the art would recognize that having an electronic audio output device operationally mounted to said main tube would necessarily emit a sound to allow the operator to easily grasp the three-dimensional work position of the bolt or the nut to be fastened or loosened next, so that the work efficiency can be enhanced (as disclosed by Horiba in paragraph 0033) and when the fastening torque value is excessive or insufficient, it is possible to call the operator's attention by causing the display portion to display with blinking, causing the grip portion to generate vibrations, or causing a built-in speaker to emit a warning sound (as disclosed by Horiba in paragraph 0030).
Regarding claim 11, Chen modified discloses: an apparatus according to claim 1, comprising a recessed resistive element (element 72a and see also paragraph 0034) for converting rotational or translational movement of a PCB spacer (Per applicant disclosure (see paragraph 0051), “ PCB spacer 20 (for example, a tube, rod or bar)”, similarly element 82 is in the form of a rod, thus being a PCB spacer.) to torque setting and application (see paragraph 0039).
Regarding claim 12, Chen modified discloses: an apparatus according to claim 1, comprising enhanced visual audio, visual (elements 56a-c and see also paragraph 0060 where the prior art discloses elements 56a-c (visual) as being “green, yellow, and red LEDs” providing operational feedback) and/or haptic feedback.
Regarding claim 13, Chen modified discloses: an apparatus according to claim 1, comprising a recessed pawl seat (see figures 2 and annotated below Detail A).
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Regarding claim 16, Chen modified discloses: an apparatus according to claim 1, further comprising a set spring (element 28 and see also paragraph 0030) disposed within said interior compartment of said main tube (see figure 6a-6b) and a tiltable pawl (element 32) disposed between a rear face (element 21) of said bar and said set spring (see figure 5), wherein rotation of said torque setting screw in a first direction causes compression of said set spring and rotation in a second direction allows expansion of said set spring (see figures 6A-6B and see also paragraph 0038).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Pub. No. 2012/0132043) in view of May (EP 2722132) and Horiba (US Pub. No. 2023/0191571) as applied to claim 1 above, and further in view of Tsai (US Pub. No. 2012/0240735).
Regarding claim 10, Chen modified discloses all the limitations as stated in the rejection of claim 1, but appears to be silent wherein said torque wrench body has analog torque scale indicators printed, stamped, embossed, painted, engraved or otherwise marked thereon.
Tsai is also concern in providing an apparatus (Figures 1-2B and see also paragraph 0016) comprising a main tube (element 10) and an electronic display (element 70 and see also paragraph 0029). Tsai further teaches silent wherein said torque wrench body has analog torque scale indicators (element 80 and see also paragraph 0031) printed, stamped, embossed, painted, engraved or otherwise marked thereon (see paragraph 0030).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teachings of Tsai to provide wherein said torque wrench body has analog torque scale indicators printed, stamped, embossed, painted, engraved or otherwise marked thereon. One of ordinary skill in the art would recognize that having additional analog torque scale indicators on the main body would necessarily allow the torque setting to be displayed including of the display unit fails, the mechanical display can show the torque as disclosed by Tsai (see paragraph 0037).
Claims 1, 10, 13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Dellerie (EP 1375072) in view of Chen (US Pub. No. 2012/0132043) May (EP 2722132) and Horiba (US Pub. No. 2023/0191571).
Regarding claim 1, Dellerie discloses: an apparatus (Figures 1-7 and see also paragraph 0017) comprising:
a main tube (element 3) defining an elongated interior compartment (see figure 2 annotated below Detail A);
a wrench head (element 5) including a workpiece engaging portion (elements 29) and a bar (element 25) extending therefrom (see figure 2), said wrench head being pivotally secured to a first end (see figure 2 annotated below Detail B) of said main tube at a pivot joint (element 27 and see also paragraph 0020), said bar extending into said interior compartment and said workpiece engaging portion extending outwardly from said main tube (see figure 2);
a hand grip (element 7) located on a second end of said main tube (see figure 2 annotated below Detail C);
a torque setting screw (element 31) threadably received within said main tube (see figures 2-3and see also paragraph 0025).
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However, Dellerie appears to be silent comprising acceleration sensor and a gyro operatively connected to a microcontroller, an input interface operationally mounted on said torque main tube, an electronic display operationally mounted on said torque main tube, an electronic audio output device operationally mounted on said torque main tube, said microcontroller configured to receive acceleration data from said acceleration sensor and angle of rotation data from said gyro, and to output result data to said electronic display, sound instructions to said electronic audio output device, and/or vibration signal to a haptic output device.
Chen is also concern in providing an apparatus (Figures 1-13 element 10 and see also paragraph 0029) comprising a main tube (element 14) defining an elongated interior compartment (element 19), a wrench head (element 16) including a workpiece engaging portion (elements 9/18) and a bar (element 20), a hand grip (element 22), and a torque setting screw (element 40 and see also paragraphs 0037-0038) threadably received within said main tube (see figures 6A-6B and see also paragraph 0010). Chen further teaches a gyro (element 27 and see also paragraph 0030) operatively connected to a microcontroller (element 1002 and see also paragraph 0045), an input interface (element 56 and see also paragraph 0033) operationally mounted on said torque main tube (see figures 1-2), an electronic display (element 54 and see also paragraph 0033) operationally mounted on said torque main tube (see figures 1-2), said microcontroller configured to receive angle of rotation data from said gyro (see paragraph 0045), and to output result data to said electronic display (see paragraph 0045), sound instructions to said electronic audio output device, and/or vibration signal to a haptic output device (Giving the limitation requires to output result data and defines the limitation of “and/or”, and since the prior art meets at least one of the following limitations, thus the prior art meets claim 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Dellerie to incorporate the teachings of Chen to provide a gyro operatively connected to a microcontroller, an input interface operationally mounted on said torque main tube, an electronic display operationally mounted on said torque main tube, said microcontroller configured to receive angle of rotation data from said gyro, and to output result data to said electronic display, sound instructions to said electronic audio output device, and/or vibration signal to a haptic output device. One of ordinary skill in the art would recognize that providing additional torque setting indicator in the form of an automated controller in the torque wrench would necessarily allows the user to accurately display and implement desired torque settings, thus providing an accurate and reliable torque wrench that helps insure that fasteners are tightened to the proper specifications.
However, Dellerie modified appears to be silent comprising an acceleration sensor, an electronic audio output device operationally mounted on said torque main tube, and said microcontroller configured to receive acceleration data from said acceleration sensor.
May is also concern in providing an apparatus (Figure 1 element 1 and see also paragraph 0094) for fastening (see paragraph 0008), wherein the apparatus comprises a controller (element 30 and see also paragraph 0097) and a gyro (element 12 and see also paragraph 0095). May further teaches an acceleration sensor (element 11 and see also paragraph 0095) and wherein the controller configured to receive acceleration data from said acceleration sensor (see paragraph 0017/0066/0095/0097).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Dellerie to incorporate the teachings of May to provide an acceleration sensor and wherein said controller is configured to receive acceleration data from said acceleration sensor. One of ordinary skill in the art would recognize that providing an additional performance data and feedback would necessarily allow for better and more thorough analysis of tool performance to be performed.
However, Dellerie modified appears to be silent comprising an electronic audio output device operationally mounted on said torque main tube.
Horiba is also concern in providing an apparatus (Figures 1-2B and see also paragraph 0016) comprising a main tube (element 112) and a wrench head (element 40). Horiba further teaches an electronic audio output device operationally mounted on said torque main tube (see paragraph 0032 where the prior art discloses “a sound generator (a speaker, a buzzer, etc.)" (electronic audio output device) being provided at an arbitrary position of element 112 (main body)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Dellerie to incorporate the teachings of Horiba to provide an electronic audio output device operationally mounted on said torque main tube. One of ordinary skill in the art would recognize that having an electronic audio output device operationally mounted to said main tube would necessarily emit a sound to allow the operator to easily grasp the three-dimensional work position of the bolt or the nut to be fastened or loosened next, so that the work efficiency can be enhanced (as disclosed by Horiba in paragraph 0033) and when the fastening torque value is excessive or insufficient, it is possible to call the operator's attention by causing the display portion to display.
Regarding claim 10, Chen modified discloses: an apparatus according to claim 1, wherein said torque wrench body has analog torque scale indicators (element 13) printed, stamped, embossed, painted, engraved or otherwise marked thereon (see figure 1 showing element 13 in the form of marks).
Regarding claim 13, Dellerie modified discloses: an apparatus according to claim 1, comprising a recessed pawl seat (see figure 3 annotated below Detail A).
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Regarding claim 15, Dellerie modified discloses: an apparatus according to claim 1, comprising a torque setting nut (element 35) with a shoulder portion (element 41) that is dimensioned to match an inside diameter (see figure 3 annotated below Detail A) of the hand grip.
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Regarding claim 16, Dellerie modified discloses: an apparatus according to claim 1, further comprising a set spring (element 61 and see also paragraph 0027) disposed within said interior compartment of said main tube (see figures 2-3) and a tiltable pawl (element 67) disposed between a rear face (see figure 3 annotated below Detail A) of said bar and said set spring (see figure 3 annotated below), wherein rotation of said torque setting screw in a first direction causes compression of said set spring and rotation in a second direction allows expansion of said set spring (see paragraphs 0046/0050).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERTO SAENZ whose telephone number is (313)446-6610. The examiner can normally be reached Monday-Friday 7:30-4:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.S./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723