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 .
Status of Claims
2. Claims 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104.
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.
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 1-15 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 1, the last line recites “height information” which is confusing because “height information” has already been recited in lines 2-3. If this is meant to refer to the previously recited “height information”, the Examiner suggests amending the last line to recite --the height information--.
Claim 12, line 2 recites “the second air cell” which lacks antecedent basis.
Claim 12, line 3 recites “the third air cell” which lacks antecedent basis. Furthermore, it is unclear how many air cells are being required.
Claim 13, line 2 recites “the first air cell” which lacks antecedent basis.
Claim 14, line 2 recites “the first air cell” which lacks antecedent basis.
Claim 14, lines 2-3 recite “the second air cell” which lacks antecedent basis.
Claim 14, line 3 recites “the third air cell” which lacks antecedent basis.
The remaining claims are rejected based on their dependence on a rejected base claim.
Claim Rejections - 35 USC § 102
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 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) 16, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (2014/0052343).
Regarding claim 16, Lee a seat for a vehicle (vehicle seat is seen in Figs. 1-3), the seat comprising: a seating unit (seat of Fig. 3) on which a passenger is seated (see Fig. 3); a backrest unit (unlabeled seatback, see Fig. 3) configured to support a back of the passenger (see Fig. 3); a headrest (headrest 10 and neck support pad 20 are collectively considered a headrest, see Fig. 1) disposed above the backrest unit (see Figs. 1-3); and a massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1, which are mounted on the neck support pad 20) disposed in the headrest (mounted on neck support pad 20, which is part of the headrest), wherein the headrest is configured to change position (third motor 144 drives lead screw 146 to rotate “so that the neck support height of the neck support pad 20 may be adjusted” see Fig. 2 and paragraph [0073]) depending on height information of the passenger (“according to the body type of the passenger, it is preferable to automatically adjust the neck support height of the neck support pad 20” see para. [0070]. Body type information includes height information, see para. [0077]).
Regarding claim 18, Lee discloses wherein the headrest (10, 20) comprises: a body portion (headrest portion 10, Fig. 1); and a support portion (neck support pad 20, Fig. 1), wherein the massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1) is disposed on the support portion (see Fig. 1).
Regarding claim 20, Lee discloses wherein the massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1) comprises at least one air cell disposed on the headrest (three main air cells 110, two side air cells 120, Fig. 1. These are on the headrest 10, 20).
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.
Claim(s) 1-2, 7-10, 15, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (2022/0031559) in view of Chen (2014/0052343) and Migneco et al. (2023/0191973).
Regarding claim 1, Lee discloses a seat for a vehicle (vehicle seat is seen in Figs. 1-3), the seat comprising: an input device (controller 300 with touch screen 330, see Figs. 6-7) configured to receive input information (see Figs. 7-8, Figs. 10-12); a backrest unit (unlabeled seatback, see Fig. 3) configured to support a back of the passenger (see Fig. 3); and a headrest (headrest 10 and neck support pad 20 are collectively considered a headrest, see Fig. 1) disposed above the backrest unit (see Figs. 1-3), wherein the headrest comprises a massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1, which are mounted on the neck support pad 20) configured to massage a portion of a body of the passenger (configured to massage the neck), and the massage device (110, 120, 130) is configured to change position (third motor 144 drives lead screw 146 to rotate “so that the neck support height of the neck support pad 20 may be adjusted” see Fig. 2 and paragraph [0073]).
Lee is silent regarding the seat comprising the input device (i.e., the input device being part of the seat), the input information including height information of a passenger, the changing position being depending on [the] height information of the passenger input to the input device.
Chen teaches a related system for adjusting vehicle seat positions based upon a user’s height information (“The system stores seating an instrument positions for a variety of user heights or weights and retrieves an initial seating and instrument position setting based on the user’s input” see abstract). The system has an input device that receives input information including height information of a passenger (“Query for positions by height” 13, see Fig. 1; the height information is input via electronic entry 20, Fig. 2; “The user can then enter the user's height information to retrieve stored seating and instrument position settings” see para. [0009]), and the system changes position of a headrest depending on the height information of the passenger input to the input device (“adjustment device 12 makes electronic adjustments to the seating and instrument positions based on information retrieved using the user characteristic input” see the last two sentences of [0013], and “seating position information 22 may include the following adjustable positions for seating: … height of the head restraint… The seating position information 22 and instrument position information 23 in the electronic entry 20 can be retrieved by user characteristic information 21 and provided to the adjustment device 12, which makes electronic adjustments to the seating and instrument positions in accordance with the information” see para. [0014]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the input device of Lee to include height information of a passenger, and changing position of the neck support pad depending on [the] height information of the passenger input to the input device as generally taught by Chen so the user can enter their height and have the seat automatically adjust to dimensions that suit the user’s size.
The modified Lee/Chen device does not specifically state the input device (i.e., controller/touch screen) is part of the seat (the seat comprising … an input device). However, it is noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. MPEP 2144.04.
Furthermore, Migneco teaches a related vehicle seat with a headrest having a massager (Fig. 1) wherein the input device (user interface 78, Fig. 1) is used to adjust massage modes (see the last sentence of [0044]) and the input device “may be supported on the vehicle seat assembly 10 itself” (see the second sentence of [0045]). This provides an expected result that the user will be able to easily reach the user interface as they are seated.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the input device of Lee/Chen to be supported on the vehicle seat itself as taught by Migneco because this provides an expected result that the user can easily reach the user interface as they are seated, and because rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. MPEP 2144.04.
Regarding claim 2, the modified Lee/Chen/Migneco device discloses wherein the headrest (10, 20) comprises: a body portion (headrest portion 10, Figs. 1-3 of Lee); and a support portion (neck support pad 20, Figs. 1-3 of Lee), wherein the massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1 of Lee) is disposed in the support portion (see Fig. 1 of Lee).
Regarding claim 7, the modified Lee/Chen/Migneco device discloses wherein the massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1 of Lee) comprises at least one air cell disposed on the headrest (three main air cells 110, two side air cells 120, Fig. 1 of Lee. These are on the headrest 10, 20).
Regarding claim 8, the modified Lee/Chen/Migneco device discloses wherein the massage device (the three main air cells 110, two side air cells 120, and massage balls 130, Fig. 1 of Lee) comprises: first to third air cells disposed on the headrest (the middle air cell 110 is considered the first air cell, the left air cell 120 is considered the second air cell, and the right air cell 120 is considered the third air cell, see Fig. 1 of Lee), wherein the first air cell (middle 110, Fig. 1 of Lee) is disposed between the second air cell (left air cell 120, Fig. 1 of Lee) and the third air cell (right air cell 120, Fig. 1 of Lee).
Regarding claim 9, the modified Lee/Chen/Migneco device discloses wherein the headrest (10, 20) comprises: a center portion (front frame 101, Fig. 1 of Lee); a first wing out (the left wing-out frame 105, Fig. 1 of Lee) disposed on one side of the center portion (left side); and a second wing out (the right wing-out frame 105, Fig. 1 of Lee) disposed on another side of the center portion (right side).
Regarding claim 10, the modified Lee/Chen/Migneco device discloses wherein: the first air cell is disposed in the center portion (middle air cell 110 is disposed in the center portion 101, see Fig. 1 of Lee), the second air cell is disposed in the first wing out (the left air cell 120 is disposed in the left wing out frame 105, see Fig. 1 of Lee), and the third air cell is disposed in the second wing out (the right air cell 120 is disposed in the right wing out frame 105, see Fig. 1 of Lee).
Regarding claim 15, the modified Lee/Chen/Migneco device discloses a vehicle (the seat of Lee if for a vehicle, see para. [0020], para. [0014]) comprising the seat of claim 1 (see the claim 1 rejection above, incorporated herein).
Regarding claim 17, Lee discloses further comprising an input device (controller 300 with touch screen 330, see Figs. 6-7) configured to receive input information (see Figs. 7-8, Figs. 10-12), but is silent regarding the seat comprising the input device (i.e., the input device being part of the seat), and silent regarding the input including the height information of the passenger.
Chen teaches a related system for adjusting vehicle seat positions based upon a user’s height information (“The system stores seating an instrument positions for a variety of user heights or weights and retrieves an initial seating and instrument position setting based on the user’s input” see abstract). The system has an input device that receives input information including height information of a passenger (“Query for positions by height” 13, see Fig. 1; the height information is input via electronic entry 20, Fig. 2; “The user can then enter the user's height information to retrieve stored seating and instrument position settings” see para. [0009]), and the system changes position of a headrest depending on the height information of the passenger input to the input device (“adjustment device 12 makes electronic adjustments to the seating and instrument positions based on information retrieved using the user characteristic input” see the last two sentences of [0013], and “seating position information 22 may include the following adjustable positions for seating: … height of the head restraint… The seating position information 22 and instrument position information 23 in the electronic entry 20 can be retrieved by user characteristic information 21 and provided to the adjustment device 12, which makes electronic adjustments to the seating and instrument positions in accordance with the information” see para. [0014]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the input device of Lee to include height information of a passenger, and changing position of the neck support pad depending on [the] height information of the passenger input to the input device as generally taught by Chen so the user can enter their height and have the seat automatically adjust to dimensions that suit the user’s size.
The modified Lee/Chen device does not specifically state the input device (i.e., controller/touch screen) is part of the seat (the seat comprising … an input device). However, it is noted that it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. MPEP 2144.04.
Furthermore, Migneco teaches a related vehicle seat with a headrest having a massager (Fig. 1) wherein the input device (user interface 78, Fig. 1) is used to adjust massage modes (see the last sentence of [0044]) and the input device “may be supported on the vehicle seat assembly 10 itself” (see the second sentence of [0045]). This provides an expected result that the user will be able to easily reach the user interface as they are seated.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the input device of Lee/Chen to be supported on the vehicle seat itself as taught by Migneco because this provides an expected result that the user can easily reach the user interface as they are seated, and because rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. MPEP 2144.04.
Claim(s) 3-6 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (2022/0031559) in view of Chen (2014/0052343) and Migneco et al. (2023/0191973) as applied to claim 2 above, and further in view of Line et al. (2015/0130248).
Regarding claim 3, the modified Lee/Chen/Migneco device discloses wherein the support portion (20, Figs. 1-2 of Lee) is disposed in front of the body portion (see Figs. 1-2 of Lee, the pad 20 is in front of 10) and slidingly movable in a vertical direction of the body portion (third motor 144 drives lead screw 146 to rotate “so that the neck support height of the neck support pad 20 may be adjusted” see Fig. 2 and paragraph [0073] of Lee). The modified device does not specifically state the slidable movement is along the body portion.
Line teaches a related adjustable headrest (head restraint 10, Fig. 1) having a support portion (cushion 28, Fig. 9) and a body portion (four-bar linkage 22, Fig. 9) wherein the support portion (28) is slidingly movable in a vertical direction (see Figs. 12-13, linearly adjusted by electric motor 156, see para. [0049]) of the body portion, along the body portion (cushion 28 moves vertically relative to the body portion 22, see Figs. 12-13). The Line headrest is able to also adjust fore/aft positions (see Figs. 9-11 and see para. [0048]). This provides an expected result of allowing the headrest to be provided with a wider range of positions to best accommodate an occupant.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the headrest of Lee/Chen/Mingeco to have the support portion slidingly movable in a vertical direction along the body portion as taught by Line because this allows the headrest to additionally be adjustable in the fore/aft positions, thereby allowing a wider range of positions to best accommodate an occupant.
Regarding claim 4, the modified Lee/Chen/Migneco/Line device discloses wherein the body portion (22, Line) is provided to be movable in the vertical direction relative to the backrest unit (see Figs. 9-11 of Line, the lengths are changed 155, 160, 162, and these lengths have a vertical component. The adjusted lengths are made without a backrest adjustment).
Regarding claim 5, the modified Lee/Chen/Migneco/Line device discloses wherein the support portion (20 of Lee, as modified by cushion 28 of Line) is configured to move to an uppermost portion in an upper direction of the body portion (movable to upper position 32, see Fig. 13 of Line and para. [0049]), a lowermost portion in a downward direction of the body portion (movable to a lower position 34, see Fig. 12 of Line and para. [0049]), or a middle portion disposed between the uppermost portion and the lowermost portion (“the first actuator 94 and the second actuator 96 may be operated independently to move the cushion 28 between various combinations of fore and aft positions 24, 26 and upper and lower positions 32, 34 to provide placement of the cushion 28 and the associated head support surface 66 in an orientation that accommodates the occupant seated and the vehicle seating assembly 36 (FIG. 2)” see para. [0049] of Line), according to the height information of the passenger (as taught by Chen, the headrest is adjusted according to the height information of the passenger).
Regarding claim 6, the modified Lee/Chen/Migneco/Line device discloses wherein the body portion (linkage 22 of Line) is configured to move to an uppermost portion in an upward direction of the backrest unit (to first length 155, Fig. 9 of Line), a lowermost portion in a downward direction of the backrest unit (to third length 162, Fig. 11 of Line), or a middle portion disposed between the uppermost portion and the lowermost portion (such as length 160, Fig. 10. Additionally, Line states “Actuation of the electric motor 156 rotates a drive that linearly adjusts the worm gear 158 from the first length 155 to a second length 160 (FIG. 10) and to a shorter third length 162 (FIG. 11) and any intermediate position therebetween” see para. [0048] of Line).
Regarding claim 11, the modified Lee/Chen/Migneco/Line device discloses wherein the input device (300, 330 of Lee as modified by Chen and Migneco) is configured to enable the passenger to select one of a plurality of massage modes (see Figure 7 and Figures 10-12 of Lee. There are a plurality of selectable massage modes such as “general mode”, “free mode”, “region concentration mode”, and sub-modes such as “strong”, “normal”, “weak” see Figure 10 of Lee. Lee additionally has a “sleep mode”, “driving massage mode”, and “reading/movie watching” mode as seen in step 104 of Figure 9).
Regarding claim 12, the modified Lee/Chen/Migneco/Line device discloses wherein a first massage mode (“sleep mode” selected by “mode select” S104 in Figure 9 of Lee) of the plurality of massage modes includes an operation of expanding or contracting the second air cell and the third air cell (“turn on side air cell and center air cell” see S105, Fig. 9 of Lee. The side air cell(s) would be turned on. Furthermore, it is noted that the side air cells 120 would be expanded or contracted in any mode selected, as they will either be “on”, in an inflated state, or “off”, in a deflated state).
Regarding claim 13, the modified Lee/Chen/Migneco/Line device discloses wherein a second massage mode (“reading/movie watching” selected by “mode select” S104 in Figure 9 of Lee) of the plurality of massage modes includes an operation of expanding or contracting the first air cell (“turn on center air cell” S108, Fig. 9 of Lee. Furthermore, it is noted that the center air cell(s) 110 would be expanded or contracted in any mode selected, as they will either be “on”, in an inflated state, or “off”, in a deflated state).
Regarding claim 14, the modified Lee/Chen/Migneco/Line device discloses wherein a third massage mode (“driving massage mode” selected by “mode select” S104 in Figure 9 of Lee) of the plurality of massage modes includes an operation of expanding or contracting the first air cell, the second air cell, and the third air cell (“turn off side air cell and center air cell, and lift and protrude massage ball” S107, Fig. 9 of Lee. Furthermore, it is noted that the side air cell(s) 120 and center air cell(s) 110 would be expanded or contracted in any mode selected, as they will either be “on”, in an inflated state, or “off”, in a deflated state).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (2022/0031559) in view of Line et al. (2015/0130248).
Regarding claim 19, Lee discloses wherein the support portion is disposed in front of the body portion (see Figs. 1-2 of Lee, the pad 20 is in front of 10) and slidingly movable in a vertical direction of the body portion (third motor 144 drives lead screw 146 to rotate “so that the neck support height of the neck support pad 20 may be adjusted” see Fig. 2 and paragraph [0073] of Lee). Lee does not specifically state the slidable movement is along the body portion.
Line teaches a related adjustable headrest (head restraint 10, Fig. 1) having a support portion (cushion 28, Fig. 9) and a body portion (four-bar linkage 22, Fig. 9) wherein the support portion (28) is slidingly movable in a vertical direction (see Figs. 12-13, linearly adjusted by electric motor 156, see para. [0049]) of the body portion, along the body portion (cushion 28 moves vertically relative to the body portion 22, see Figs. 12-13). The Line headrest is able to also adjust fore/aft positions (see Figs. 9-11 and see para. [0048]). This provides an expected result of allowing the headrest to be provided with a wider range of positions to best accommodate an occupant.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the headrest of Lee to have the support portion slidingly movable in a vertical direction along the body portion as taught by Line because this allows the headrest to additionally be adjustable in the fore/aft positions, thereby allowing a wider range of positions to best accommodate an occupant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yu et al. (2024/0140289) discloses a related adjustable headset with wing-out portions and vertical adjustment. Won et al. (2024/0149772) discloses a related adjustable headset with a body portion and support portion, with the support portion slidable relative to the body portion along the body portion. Chang et al. (2025/0127681) discloses a related massage headrest with a central air cell and two side air cells. Xiao et al. (2024/0075861) discloses a related adjustable headset with wing-out portions and vertical adjustment. Matsushima (10,759,317) discloses a related adjustable headset with a body portion and support portion, with the support portion slidable relative to the body portion along the body portion. Hotary et al. (2012/0086249) discloses a related vehicle seat that uses anthropometric data including an occupant’s height, to adjust seat movement. Won et al. (2022/0048420) discloses a related adjustable headrest.
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/CHRISTOPHER E MILLER/ Examiner, Art Unit 3785