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
This Office Action is in response to Applicant’s amendment filed 12/31/2025 which has
been entered and made of record. Claims 1, 3, 8, 10, and 14-15 have been amended. Claims 18-20 have been cancelled. Claims 21-23 have been newly added. Claims 1-17 and 21-23 are pending in the application. Applicant’s amendments to the Specification, Claims and Drawings have overcome each and every objection previously set forth in the Non-Final Office Action mailed December 31st 2025.
Response to Arguments
Applicant's arguments, see remarks, pages 13-19, filed 12/31/2025 with respect to claims 1-17 and 21-23 have been fully considered but they are not persuasive.
In response to applicant’s argument that “the Office Action does not assert that Billmaier, Tanna, or DanQ teaches the above features and the Applicant submits that the art of record is silent as to the above features. Accordingly, the Applicant respectfully submits that independent claim 1, as amended, is patentable over the asserted art, and withdrawal of the rejection of independent claim 1 is respectfully requested.” Examiner respectfully disagrees. The combination of Billmaier, Tanna, and DanQ still teaches the amended portions as outlined below in the claim 1 rejection.
Claim Objections
Claim 21 objected to because of the following informalities: typo wherein, in claim 21, "configured determine" in line 2 should read "configured to: determine". Appropriate correction is required.
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 22 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 22 recites the limitation "…as a function of the at least one physical property of the respective user…" in the last two lines. There is insufficient antecedent basis for this limitation in the claim. This is because it is unclear whether this function is the same function as that of the function in line 2 of claim 21 or a new instance of a function. This lack of clarity renders the claim indefinite.
Claim 22 recites the limitation "…determine a score for speed…" in the second to last line. There is insufficient antecedent basis for this limitation in the claim. This is because it is unclear whether this score is the same score as that of the score in line 3 of claim 21 or a new instance of a score. This lack of clarity renders the claim indefinite.
Note. Most likely these claims depend on some dependent claim or are missing elements.
In order to fix this issue, dependency should be reviewed and any first instance of an element
should be made clear that it’s a first instance and should be referred to as “a” or “an” instead of
“the”, and if multiple instances exist, further instances should be further distinguished for example by saying “first”, “second”, and/or “third” etc.
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) 1-3, 6, 8, 10, 12, 14-15, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Billmaier et al. (U.S. Patent Application Publication No. 2008/0268929), hereinafter referenced as Billmaier, in view of Tanna (NBA2K22 - How To Make Your Player Look Exactly Like You 🔥), hereinafter referenced as Tanna, and DanQ8000 (NBA 2K22 - My Career - Part 1 - "Player Creation, College, G League, NBA Draft"), hereinafter referenced as DanQ.
Regarding claim 1, Billmaier teaches A system, comprising: a data store (fig. 1 teaches a system and paragraph 18 teaches "system functionality may share the database 113"); and at least one computing device in communication with the data store, wherein the at least one computing device is configured to: (fig. 1 teaches a PC 106 coupled to database 113); generate, according to a predetermined schedule, a digital representation of a sports game comprising a plurality of sports players (fig. 4 and paragraph 88 teach “FIG. 4 is an illustration of an embodiment of a schedule page. When a user selects Schedule of Games they will be taken to the specific Schedule of Games page. The Schedule of Games page may list college and pro teams weekly games that the game system encompasses. Once users select a game they may be taken to that particular game play page”); this shows generation of digital representation of sports would be according to the predetermined schedule of games; and cause the digital representation of the sports game to be rendered synchronously and in accordance with the predetermined schedule on the plurality of first remote computing devices using individual ones of the plurality of character graphics sets for a corresponding one of the plurality sports players (paragraph 17 teaches "FIG. 1 is an embodiment of a system providing an interactive game representing a real sporting event. The game is accessible to multiple players in different locations via one or more networks 102" and paragraph 19 teaches “Scalability to support various numbers of players which may be simultaneously using the game system may be accomplished at least in part by adding more servers as needed. Game work (i.e., game delivery needs as the live sporting event proceeds and the game players perform game actions) may be distributed by a load balancing”); this shows characters like the one from DanQ and also Tanna (each with their corresponding character graphic sets from facial scans [explained below]) can play multiplayer and each would have their own digital representation of the sports game, also, because this supports number of players simultaneously using the game system and for live sporting event, it shows this is done synchronously(since simultaneously) and in accordance with the predetermined schedule (since live game would be from predetermined schedule of games).
However, Billmaier fails to teach receive a plurality of character graphics sets individually corresponding to a respective one of a plurality of first remote computing devices, wherein the each respective character graphics set of the plurality of character graphics sets corresponds to at least one physical property of a respective user of a corresponding one of the plurality of first remote computing devices; generate, according to a predetermined schedule, a digital representation of a sports game comprising a plurality of sports players, wherein the plurality of sports players comprises a plurality of first team players for a first team of a plurality of teams and a plurality of second team players for a second team of the plurality of teams; and cause the digital representation of the sports game to be rendered synchronously and in accordance with the predetermined schedule on the plurality of first remote computing devices using individual ones of the plurality of character graphics sets for a corresponding one of the plurality sports players.
However, Tanna teaches receive a plurality of character graphics sets individually corresponding to a respective one of a plurality of first remote computing devices, (Tanna, 3:30-3:50 teaches a facial scan and 4:48-5:40 [see fig. 1 of this action] teaches receiving character graphics sets from that scan); these sets of graphics correspond to the first remote computing device the user is using and the graphics sets are inclusive of skull shape and ears of the user as well as all other features of graphics received from the scan;
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Figure 1
wherein the each respective character graphics set of the plurality of character graphics sets corresponds to at least one physical property of a respective user of a corresponding one of the plurality of first remote computing devices (Tanna, 5:40-6:10 [see fig. 2 of this action] teaches eye color, skin shade and facial hair being modified on the character); these are physical properties of the user from the aforementioned scan and can be changed/modified if the user desires and/or to make them more accurate. Tanna is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of facial scanning for characters and virtualized sports. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Billmaier's invention with the face scan and customization techniques of Tanna to make your player look exactly like you in NBA 2k22 on any console (Tanna, video description). This means more accurate and realistic depiction.
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Figure 2
However, the combination of Billmaier and Tanna fails to teach generate, according to a predetermined schedule, a digital representation of a sports game comprising a plurality of sports players, wherein the plurality of sports players comprises a plurality of first team players for a first team of a plurality of teams and a plurality of second team players for a second team of the plurality of teams; and cause the digital representation of the sports game to be rendered synchronously and in accordance with the predetermined schedule on the plurality of first remote computing devices using individual ones of the plurality of character graphics sets for a corresponding one of the plurality sports players.
However, DanQ teaches generate, according to a predetermined schedule, a digital representation of a sports game comprising a plurality of sports players, (DanQ, 1:24:37-1:24:45 [see fig. 3 of this action] teaches a custom player within a basketball game with other sports players);
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Figure 3
wherein the plurality of sports players comprises a plurality of first team players for a first team of a plurality of teams and a plurality of second team players for a second team of the plurality of teams (DanQ, 2:01:22-2:01:48 [see fig. 4 of this action] teaches two teams, UCLA and CONN each with respective team players);
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Figure 4
and cause the digital representation of the sports game to be rendered synchronously and in accordance with the predetermined schedule on the plurality of first remote computing devices using individual ones of the plurality of character graphics sets for a corresponding one of the plurality sports players (DanQ, 0:03:47-0:04:20 [see fig. 5 of this action] teaches a character created of the streamer from a facial scan). DanQ is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of virtualized sporting events and multiuser experiences. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Billmaier and Tanna's invention with the sports team/players and multiuser techniques of DanQ to ensure fast face scanning and a better user experience due to speed and individualized characters (DanQ, 0:03:47-0:04:20).
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Figure 5
Regarding claim 2, the combination of Billmaier, Tanna and DanQ teaches wherein the at least one computing device is further configured to alter a digital representation of a particular sports player of the plurality of sports players based on a preference selection received from a corresponding remote computing device of the plurality of first remote computing devices (DanQ, 0:46:00-0:47:00 [see fig. 6 of this action] teaches modifying the sports player's digital representation by user's preference selection of clothing and accessories and video description teaches "The game was released on September 10, 2021 for the PlayStation 5, Xbox Series X, PlayStation 4, Nintendo Switch, Xbox One, and Microsoft Windows.”); NBA2k22 game on console ensures this is done by corresponding remote computing device that the livestreamer/youtuber is using. The same motivations used in claim 1 apply here in claim 2.
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Figure 6
Regarding claim 3, the combination of Billmaier, Tanna and DanQ teaches wherein the at least one computing device is further configured to: determine a plurality of sets of preferences individually corresponding to the plurality sports players (DanQ, 0:07:33-0:07:53 teaches setting preferences (such as position, handedness, and jersey number) and 0:12:00-0:12:40 [see fig. 7 of this action] teaches additional sets of preferences such as body settings and various attributes (such as finishing, shooting, playmaking, etc.) being determined); this is individually done for each character/sports player in NBA2k22 meaning Tanna would also set it for his separate sports player;
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Figure 7
and cause the digital representation to be rendered on each of a plurality of displays individually corresponding to a respective one of the plurality of first remote computing devices based on a corresponding set of the plurality of sets of preferences (DanQ, 1:01:49-1:02:00 [see fig. 8 of this action] teaches multiple online players and Billmaier, paragraph 17 teaches "FIG. 1 is an embodiment of a system providing an interactive game representing a real sporting event. The game is accessible to multiple players in different locations via one or more networks”); each of these players are controlled (and displayed) using their own respective remote/display and characters customized using preference techniques aforementioned since it's the same game of NBA 2k22. The same motivations used in claim 1 apply here in claim 3.
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Figure 8
Regarding claim 6, the combination of Billmaier, Tanna and DanQ teaches wherein each respective character graphics set comprises a 3d model of the at least one physical property of the respective user, (Tanna, 4:55-6:15 [see fig. 1 of this action] teaches a 3D model with physical properties for character graphics sets); and the at least one physical property comprises a face of the respective user (Tanna, 4:57-5:00 [see fig. 9 of this action] teaches "you can tweak everything about your face"). The same motivations used in claim 1 apply here in claim 6.
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Figure 9
Regarding claim 8, the method claim 8 recites similar limitations as system claim 1, and thus is rejected under similar rationale.
Regarding claim 10, the method claim 10 recites similar limitations as system claim 3, and thus is rejected under similar rationale.
Regarding claim 12, the method claim 12 recites similar limitations as system claim 6, and thus is rejected under similar rationale.
Regarding claim 14, the non-transitory computer readable medium claim 14 recites similar limitations as system claim 1, and thus is rejected under similar rationale. In addition, Billmaier, paragraph 86 teaches "virtual stadium 306 may display personal photos and videos from the game player's hard drive"; hard drive acts as non-transitory computer readable medium and for it to work with the game it would need to be executed by a program.
Regarding claim 15, the non-transitory computer readable medium claim 15 recites similar limitations as system claim 3, and thus is rejected under similar rationale.
Regarding claim 23, the combination of Billmaier, Tanna and DanQ teaches wherein the at least one computing device is further
configured to: connect to a social media account of the respective user (Tanna, 1:01-1:40 [see fig. 16 of this action] teaches connecting xbox live of the user to the app); xbox live is a social media;
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Figure 16
and extract, from the social media account of the respective user, one or more images of the respective user to generate a three dimensional representation of the face of the respective user on a corresponding one of the plurality of sports players in the digital representation of the sports game (Tanna, 4:00-4:20 [see fig. 17 of this action] teaches upload images then on console generating 3D representation of the user); the upload is using the user’s xbox live (social media) account thus shows up and is extracted on console and the 3D representation of the face of user is generated for NBA game thus used as corresponding one of sports player in the digital representation of the sports game (when viewed in combination and shown in DanQ above). The same motivations used in claim 1 apply here in claim 23.
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Figure 17
Claim(s) 4-5, 7, 9, 11, 13, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Billmaier, Tanna and DanQ as applied to claims 3, 10 and 15 above, and further in view of GHOSTFIGHTTER 2TZ LLC (HOW TO PLAY WITH YOUR FRIENDS ONLINE IN NBA2K22 NEXT GEN!!! QUICK & EASY STEPS!!!), hereinafter referenced as GHOSTFIGHTTER.
Regarding claim 4, the combination of Billmaier, Tanna and DanQ teaches wherein the at least one computing device is further configured to: cause a first digital representation to be rendered by a first computing device of the plurality of first remote computing devices using a first view based on a first set of preferences of the plurality of sets of preferences (DanQ, 2:01:50-2:02:05 [see fig. 10 of this action] teaches user controlling first device and adjusting view of camera as desired); this includes the preferences previously determined as well such as position and handedness since they correspond to the users player.
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Figure 10
However, the combination of Billmaier, Tanna and DanQ fails to teach and cause a second digital representation to be rendered by a second computing device of the plurality of first remote computing devices using a second view based on a second set of preferences of the plurality of sets of preferences.
However, GHOSTFIGHTTER teaches and cause a second digital representation to be rendered by a second computing device of the plurality of first remote computing devices using a second view based on a second set of preferences of the plurality of sets of preferences (GHOSTFIGHTTER, 1:40-2:25 teaches how to invite a friend to play multiplayer game of NBA and 4:00-4:37 [see fig. 11 of this action] teaches a digital representation and configuring camera options for such); this would be based on second set of preferences set by second player/user similar to how DanQ set his player's preferences for example of position an handedness, the digital representation here is the second one since it's for multiplayer and it would be on the separate/second youtuber's/player's/user's computing device. GHOSTFIGHTTER is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of virtualized multiplayer sporting game with editable views and configurations. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Billmaier, Tanna and DanQ's invention with the multiplayer and configured camera techniques of GHOSTFIGHTTER to be able to play with your friends online (GHOSTFIGHTTER, title). This would make the game more interactive and entertaining leading to a better user experience as well as a more memorable social experience.
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Regarding claim 5, the combination of Billmaier, Tanna, DanQ and GHOSTFIGHTTER teaches wherein the at least one computing device is further configured to: receive a plurality of input commands from the plurality of first remote computing devices (GHOSTFIGHTTER, 3:30-4:00 teaches user/youtuber controlling the players in the game and DanQ, 4:35-4:45 [see fig. 12 of this action] shows a controller being used to control players); the input commands are from each user using a respective controller on their device which controls the players;
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and adjust at least one respective action of each of the plurality of sports players in the sports game based on the plurality of input commands (GHOSTFIGHTTER, 3:40-3:50 [see fig. 13 of this action] teaches the user cycling through players (to adjust actions of each sports player) using the button on top of the players head to input commands and control the player); this shows users able to control action of each player on their team based on commands from their controller. The same motivations used in claim 4 apply here in claim 5.
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Figure 13
Regarding claim 7, the combination of Billmaier, Tanna, DanQ and GHOSTFIGHTTER teaches wherein the at least one computing device is further configured to: receive a selection of a plurality of team properties from an owner account, wherein the plurality of team properties comprise at least one of: a team logo, a team color, and a jersey design (GHOSTFIGHTTER, 2:25-2:50 [see fig. 14 of this action] teaches changing types of teams which changes team logo color and jersey design);
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and cause the digital representation of the sports game to be rendered based on the plurality of team properties selected (GHOSTFIGHTTER, 3:30-3:40 [see fig. 15 of this action] teaches digital representation based on the team and jersey type selected); jersey type is selected by choosing previously if you want an all-time NBA team or current NBA team and the specific team. The same motivations used in claim 4 apply here in claim 7.
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Regarding claim 9, the method claim 9 recites similar limitations as system claim 5, and thus is rejected under similar rationale.
Regarding claim 11, the method claim 11 recites similar limitations as system claim 4, and thus is rejected under similar rationale.
Regarding claim 13, the method claim 13 recites similar limitations as system claim 7, and thus is rejected under similar rationale.
Regarding claim 16, the non-transitory computer readable medium claim 16 recites similar limitations as system claim 4, and thus is rejected under similar rationale.
Regarding claim 17, the non-transitory computer readable medium claim 17 recites similar limitations as system claim 5, and thus is rejected under similar rationale.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Billmaier, Tanna and DanQ as applied to claim 1 above, and further in view of Tutes (The TRUTH about SPEED stat that you must know in NBA 2K22 Next Gen. (Best Build Series), hereinafter referenced as Tutes.
Regarding claim 21, the combination of Billmaier, Tanna and DanQ fails to teach wherein the at least one computing device is further configured determine, as a function of the at least one physical property of the respective user, an athletic attribute indicative of a skill associated with a score within a defined range, wherein at least one sports player is associated with the determined athletic attributed in the digital representation of the sports game.
However, Tutes teaches wherein the at least one computing device is further configured determine, as a function of the at least one physical property of the respective user, an athletic attribute indicative of a skill associated with a score within a defined range, (Tutes, 1:30-1:51 [see fig. 18 of this action] teaches as a function of the weight, determining a speed score within a range); the weight acts as physical property by impacting how large or small the player appears and alongside the weight being changed, the athletic attribute indicating a skill (speed) is determined accordingly and changed to have a score (shown near bottom right of stats) within a starting and maximum (defined) range;
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wherein at least one sports player is associated with the determined athletic attributed in the digital representation of the sports game (Tutes, 2:10-2:50 [see figure 19 of this action] teaches a sport player associated with the aforementioned speed in a digital representation of a sport and recommends a speed score of mid 60s); sport player here is associated with the speed (determined athletic attributed). Tutes is considered to be analogous art because it is reasonably pertinent to the problem faced by the inventor of getting athletic attribute indicative of a skill such as speed in accordance to physical property of user. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Billmaier, Tanna and DanQ with the physical property and athletic attribute techniques of Tutes to ensure a optimal speed boost (Tutes, 1:20-1:31). This would be done by first getting the speed associated with the physical property/weight and then adjusting the weight to the optimal level for the best and optimal speed score.
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Regarding claim 22, the combination of Billmaier, Tanna, DanQ and Tutes teaches
wherein the at least one computing device is further configured to:
receive video footage of the respective user engaging in a physical activity (Tanna, 2:40-4:00 [see fig. 17 of this action] teaches a face scan leading to captured images of the user turning their head); turning head acts as user engaging in physical activity and multiple images captured overtime in a sequence is a video thus this shows receiving video footage;
infer, as a function of the video footage of the respective user engaging in the physical
activity, the at least one physical property of the respective user to determine the athletic
attribute (Tanna, 4:00-4:20 [see fig. 17 of this action] teaches inferred physical property/weight of the respective user (by creation of character itself) when video footage/scan of respective user engaging in physical activity is used to load on a character); this inferred weight (and how big or small the player/character appears) is used to determine initial speed of character as previously shown in Tutes; and determine a score for speed, agility, or footwork as the athletic attribute as a function of the at least one physical property of the respective user (Tutes, 1:30-1:51 [see fig. 18 of this action] teaches as a function of the weight, determining a speed score within a range); the weight acts as physical property by impacting how large or small the player appears and alongside the weight being inferred in Tanna (how big or small player is), the athletic attribute (speed) is determined accordingly and changed to have a corresponding score (shown near bottom right of stats in figure 18). The same motivations used in claim 21 apply here in claim 22.
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 NAUMAN U AHMAD whose telephone number is (703)756-5306. The examiner can normally be reached Monday - Friday 9:00am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kee Tung can be reached at (571) 272-7794. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
/N.U.A./ Examiner, Art Unit 2611