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 .
Status of Claims
Claims 1-16 as filed on 07/11/2024 are pending and herewith considered as indicated below.
Drawings
2. Figs 2/78, 4/78, 10/78, 14/78, 18/78, 23/78, 24/78, 33/78, 35/78, 41/78, 46/78, 47/78, 77/78, 78/78 are objected to because they including photographs and/or shading. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications unless the photographs are the only practicable medium for illustrating the claimed invention. The use of shading may be used if it aids in understanding the invention and if it does not reduce legibility. Such shading is preferred in the case of parts shown in perspective, but NOT for cross sections. See MPEP § 608.02. In the instant case, legibility is reduced.
Claim Rejections - 35 USC § 102
3. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claims 13-16 are rejected under 35 U.S.C. 102(a2) as being anticipated by Apps et al. (US 6006677)(Herein Apps).
In regards to Claim 13, Apps discloses
A foot (40) [Fig 13] for a panel assembly (10 in combination with 40) [Fig 7] comprising:
a top side [Unnumbered, Fig 13] (see examiners comment);
a bottom side [Unnumbered, Fig 13] (see examiners comment) opposite the top side [Unnumbered, Fig 13] (see examiners comment);
a plurality of clip assembles (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] coupled to the top side [Unnumbered, Fig 13] (see examiners comment), each clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] comprising:
a flexible plate (22) [Col 4, Line 37] [Fig 17] with a first end [Upper] proximate to the top side [Unnumbered, Fig 13] (see examiners comment) and a second end distal [Lower] from the top side [Unnumbered, Fig 13] (see examiners comment), the first end of the flexible plate (22) [Col 4, Line 37] being coupled to the top side [Unnumbered, Fig 13] (see examiners comment), the second end of the flexible plate (22) [Col 4, Line 37] being decoupled [Fig 17, Showing decoupled] from top side [Unnumbered, Fig 13] (see examiners comment); and a hook (24) [Fig 17] residing at the second end of the flexible plate (22) [Col 4, Line 37], wherein the hook (24) [Fig 17] is configured to couple to a panel (10) [Fig 7] of the panel assembly (10 in combination with 40) [Fig 7] when the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] is in a locked position [Fig 17, Showing Coupled in Locked Position].
In regards to Claim 14, Apps discloses the foot (40) [Fig 13] of claim 13, wherein the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] further comprises one or more walls [Unnumbered, Fig 13] (see examiners comments),
wherein the one or more walls [Unnumbered, Fig 13] (see examiners comments) couple to a panel (10) of the panel assembly (10 in combination with 40) [Fig 7] when the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] is in a locked position [Fig 17, Showing Coupled in Locked Position] , wherein the second end [Fig 17] of the flexible plate (22) [Col 4, Line 37] is decoupled from the one or more walls [Unnumbered, Fig 13] (see examiners comments).
In regards to Claim 15, Apps discloses the foot (40) [Fig 13] of claim 13, wherein the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] further comprises a second opening (30) proximate to the first end of the flexible plate (22) [Col 4, Line 37], wherein the opening (30) is configured for a tool [Col 4, Lines 43-46] to be inserted into the opening to flex the flexible plate (22) [Col 4, Line 37] and the hook (24) [Fig 17] to place the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] in an unlocked position.
In regards to Claim 16, Apps discloses the foot (40) [Fig 13] of claim 13, wherein the plurality of clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] comprises one or more first clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] and one or more second clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] , wherein one or more hooks (24) [Fig 17] of the one or more first clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] are configured in a first orientation [Fig 12, Showing Orientation] , and one or more hooks (24) [Fig 17] of the one or more second clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] are configured in a second orientation [Fig 12, Showing Orientation], wherein the first orientation [Fig 12, Showing Orientation] is a mirror of the second orientation [Fig 12, Showing Orientation].
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claims 1-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Cerasi et al. (US 7461482 B2)(Herein Cerasi) in view of Apps et al. (US 6006677)(Herein Apps).
In regards to Claim 1, Cerasi discloses
A flooring system [Unnumbered, Fig 30] (see examiners comments) , comprising:
at least one panel assembly [Figs 17-18] , the at least one panel assembly [Figs 17-18] comprising:
a panel (60) [Fig 19] comprising:
a right side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19];
a left side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19] opposite the right (62,64,66,68, Orientation Dependent) [Fig 19] side of the panel (60) [Fig 19];
a front side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19];
a back side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19] opposite the front side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19];
a top side (74) [Fig 19] of the panel (60) [Fig 19]; and
a bottom (75) [Fig 20] side of the panel (60) [Fig 19] opposite the top side (74) [Fig 19] of the panel (60) [Fig 19], the bottom (75) [Fig 20] side of the panel (60) [Fig 19] comprising a plurality of ribs (76) forming a plurality of cavities [Unnumbered, Fig 20] (see examiners comments) , each cavity [Unnumbered, Fig 20] (see examiners comments) comprising a rib (76) with an opening [Unnumbered, Fig 18] (see examiners comment);
However, Cerasi fails to disclose at least one foot configured to couple the bottom side of the panel , the foot comprising: a top side of the foot; a bottom side of the foot opposite the top side the foot; and a plurality of clip assembles coupled to the top side of the foot, each clip assembly comprising: a flexible plate a first end proximate to the top side of the foot and a second end distal from the top side of the foot, the first end of the flexible plate being coupled to the top side of the foot , the second end of the flexible plate being decoupled from top side of the foot; and a hook residing at the second end of the flexible plate, wherein the hook is configured to reside within the opening in the rib of a corresponding cavity of the plurality of cavities.
Furthermore, Apps discloses
at least one foot (40) [Fig 13] configured to couple [Fig 6, Showing Coupling Capabilities] to the bottom side (75, Cerasi) [Fig 20] of the panel (60, Cerasi) [Fig 19], the foot (40) [Fig 13] (40) comprising:
a top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] ;
a bottom side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] opposite the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13]; and
a plurality of clip assembles (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] coupled to the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13], each clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] comprising:
a flexible plate (22) [Col 4, Line 37] a first end [Upper end] proximate to the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] and a second end [Lower end] distal from the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13], the first end [Upper end] of the flexible plate (22) [Col 4, Line 37] being coupled to the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] , the second end [Upper end] of the flexible plate (22) [Fig 17] being decoupled [Fig 18] from top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13]; and
a hook (24) [Fig 17] residing at the second end [Lower end] of the flexible plate (22) [Fig 17], wherein the hook (24) [Fig 17] is configured to reside within the opening [Unnumbered, Fig 18, Cerasi] (see examiners comment) in the rib (76, Cerasi) of a corresponding cavity [Unnumbered, Fig 20, Cerasi] (see examiners comments) of the plurality of cavities [Unnumbered, Fig 20, Cerasi] (see examiners comments).
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the flooring system as disclosed by Cerasi to further include at least one foot configured to couple the bottom side of the panel , the foot comprising: a top side of the foot; a bottom side of the foot opposite the top side the foot; and a plurality of clip assembles coupled to the top side of the foot, each clip assembly comprising: a flexible plate a first end proximate to the top side of the foot and a second end distal from the top side of the foot, the first end of the flexible plate being coupled to the top side of the foot , the second end of the flexible plate being decoupled from top side of the foot; and a hook residing at the second end of the flexible plate, wherein the hook is configured to reside within the opening in the rib of a corresponding cavity of the plurality of cavities as disclosed by Apps. When modified, the foot with all limitations as disclosed by Apps provides support and additional structural integrity to the flooring system.
In regards to Claim 2, as modified discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1. Apps discloses wherein the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] further comprises one or more walls (10) [Fig 17] , wherein the one or more walls (10) [Fig 17] reside within the corresponding cavity [Unnumbered, Fig 20, Cerasi] (see examiners comments) when the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] is in a locked [Fig 17, Showing Coupled in Locked Position] position.
In regards to Claim 3, Cerasi as modified discloses the the system [Unnumbered, Fig 30] (see examiners comment) of claim 2, wherein the second end [Upper end] of the flexible plate (22) [Col 4, Line 37] is decoupled [Fig 17, Showing decoupled] the one or more walls (10) [Fig 17].
In regards to Claim 4, Cersai as modified discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1. Apps discloses wherein the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] further comprises a second opening (30) proximate to the first end [Top portion] of the flexible plate (22) [Fig 17] and configured for a tool [Col 4, Lines 43-46] to be inserted into the opening of the clip assembly (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] to flex the flexible plate (22) [Fig 17], such that the hook (24) [Fig 17] is removed from the opening in the rib (76, Cersai) of the corresponding cavity [Unnumbered, Fig 20, Cersai] (see examiners comments).
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the flooring system as disclosed by Cerasi to further include a second opening proximate to the first end of the flexible plate and configured for a tool to be inserted into the opening of the clip assembly to flex the flexible plate, such that the hook is removed from the opening in the rib of the corresponding cavity as disclosed by Apps. When modified, the additional limitations as disclosed by apps allows for an ease of installation.
In regards to Claim 5, Cerasi as modified discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1. Apps discloses wherein the foot (40) [Fig 13] further comprises:
one or more first openings (56) [Fig 15] traversing through the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] and the bottom side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] ; and
one or more second openings (48) [Fig 13] traversing through the top side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] and the bottom side [Unnumbered, Fig 13] (see examiners comment) of the foot (40) [Fig 13] , wherein the one or more second openings (48) [Fig 13] are smaller [Fig 13, Showing Smaller] than the one or more first openings (56) [Fig 15].
In regards to Claim 6, Cerasi as modified discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 5. Apps discloses wherein the one or more first openings (56) [Fig 15] and the one or more second openings (48) [Fig 13] are configured to allow moisture and air to traverse.
In regards to Claim 7, Cerasi as modified discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1. Apps discloses wherein the plurality of clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] comprises one or more first clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] and one or more second clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] , wherein one or more hooks (22) [Fig 17] of the one or more first clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] are configured in a first orientation [Fig 12, Showing Orientation] , and one or more hooks (22) [Fig 17] of the one or more second clip assemblies (50,52,54) [Each Include a Snap Tab (20), Figs 12 and 16] are configured in a second orientation [Fig 12, Showing Orientation], wherein the first orientation [Fig 12, Showing Orientation] is a mirror of the second orientation [Fig 12, Showing Orientation].
In regards to Claim 8, Cerasi discloses the system [Unnumbered, Fig 30] (see examiners comment) claim 1, however fails to disclose , wherein lengths of the right side, the left side, the front side, and the back side of the panel are same .
However, 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 panel (all sides) of Cerasi to have the same length in order to allow easier installation in the field. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). When modified, when a panel is the same size, it allows for an easier installation sequence in the field.
In regards to Claim 9, Cerasi discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1, wherein the lengths of the right side (62,64,66,68, Orientation Dependent) [Fig 19] and the left side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19] are shorter than the lengths of the front side (62,64,66,68, Orientation Dependent) [Fig 19] and the back side (62,64,66,68, Orientation Dependent) [Fig 19, Showing different sizing] [See Col 3. Lines 46-49].
In regards to Claim 11, Cerasi discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1, wherein the plurality of ribs (76) in the panel (60) [Fig 19] comprise recessed portions and non-recessed portions [Unnumbered, Fig 18] (see examiners comment), wherein the top side [Unnumbered, Fig 13, Apps] (see examiners comment) of the foot (40, Apps) [Fig 13] is configured to reside within the recessed portions [Multiple elements (134) and Unnumbered, Fig 18] (see examiners comment), wherein the bottom side [Unnumbered, Fig 13, Apps] (see examiners comment) of the foot (40, Apps) [Fig 13] is flush with the no recessed portions [Unnumbered, Fig 18] (see examiners comment) of the plurality of ribs (76).
Additionally, a person of ordinary skill in the art would have been motivated to modify the recess and not recessed portions of the ribs to introduce more elements, combining the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so. DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). When modified, the addition of adding more recessed areas allows for an easier flush combination and installation mechanism between the foot and and panel in the field.
In general, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
8. Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Cerasi et al. (US 7461482 B2)(Herein Cerasi) in view of Apps et al. (US 6006677)(Herein Apps) as applied to claim 1 above, and further in view of Frank Petersen (DE 102019110650 A1)(Herein Petersen).
In regards to Claim 10, Cerasi discloses the system [Unnumbered, Fig 30] (see examiners comment) of claim 1, wherein the panel (60) [Fig 19] further comprises:
a receptacle portion (102) of a cam lock (100) [Fig 27] residing in the front side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19] and a latch portion (110) of the cam lock (100) residing in the back side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19];
a male portion (70) of at least one slide lock (80) residing in the right side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) [Fig 19] and a female portion (Fig 24) of the at least one slide lock (80) residing in the left side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel, wherein the male portion (70) of the least one slide lock (80) comprises a plate [Unnumbered, Fig 21) (see examiners comment) and a neck (78) coupling the plate [Unnumbered, Fig 21) (see examiners comment)to the right side (62,64,66,68, Orientation Dependent) [Fig 19] of the panel (60) , wherein the female portion (Fig 24) of the least one slide lock (80) comprises an opening (86) and a pocket (88).
However, Cerasi fails to disclose a male portion of at least one tongue and groove locking mechanism residing in the back side of the panel and a female portion of the at least one tongue and groove locking mechanism residing in the front side of the panel.
Furthermore, Petersen discloses a male portion (15) [Figs 1-3] of at least one tongue and groove locking mechanism (11) [Figs 1-3] residing in the back side (62,64,66,68, Orientation Dependent, Cerasi) [Fig 19] of the panel (60, Cerasi) [Fig 19] and a female portion (14) [Figs 1-3] of the at least one tongue and groove locking mechanism (11) residing in the front side (62,64,66,68, Orientation Dependent, Cerasi) [Fig 19] of the panel (60, Cerasi) [Fig 19].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the flooring system as disclosed by Cerasi include a male portion of at least one tongue and groove locking mechanism residing in the back side of the panel and a female portion of the at least one tongue and groove locking mechanism residing in the front side of the panel as disclosed by Petersen. When modified, the male and female portion of the tongue and groove locking system allows for an additional securing mechanism for the panels.
In regards to Claim 12, Cerasi discloses a first panel (60) [Fig 19] of a first panel assembly [Figs 17-18], a second panel (60) [Fig 19] of a second panel assembly [Figs 17-18], and a third panel (60) [Fig 19] of a third panel assembly [Figs 17-18],
wherein a latch portion (110) of a first cam lock (100) [Fig 27] residing in a front side (62,64,66,68, Orientation Dependent) [Fig 19] of the first panel (60) [Fig 19] is configured to engage a receptacle portion (102) of a second cam lock (100) [Fig 27] residing in a back side (62,64,66,68, Orientation Dependent) [Fig 19] of the second panel (60) [Fig 19] engages.
wherein a plate [Unnumbered, Fig 21) (see examiners comment) of a male portion (70) of a first slide lock (80) residing in a right side (62,64,66,68, Orientation Dependent) [Fig 19] of the first panel (60) [Fig 19] is configured to reside within a pocket (88) of a female portion [Fig 23] of a second slide lock (72) residing in a left side (62,64,66,68, Orientation Dependent) [Fig 19] of the third panel (60) [Fig 19].
However, fails to disclose wherein a female portion of a first tongue and groove locking mechanism residing in the front side of the first panel is configured to engage a male portion of a second tongue and groove locking mechanism residing in the back side of the second panel.
Furthermore, Petersen discloses wherein a female portion (14) [Figs 1-3] of a first tongue and groove locking mechanism (11) [Figs 1-3] residing in the front side (62,64,66,68, Orientation Dependent, Cerasi) [Fig 19] of the first panel (60, Cerasi) [Fig 19] is configured to engage a male portion (15) [Figs 1-3] of a second tongue and groove locking mechanism (11) [Figs 1-3] residing in the back side (62,64,66,68, Orientation Dependent, Cerasi) [Fig 19] of the second panel (60, Cerasi)
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the flooring system as disclosed by Cerasi include a female portion of a first tongue and groove locking mechanism residing in the front side of the first panel is configured to engage a male portion of a second tongue and groove locking mechanism residing in the back side of the second panel as disclosed by Peterson. When modified, the addition of the first tongue and groove locking mechanism allows for an additional securing mechanism for the panels.
Examiners Comment
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Figure 30, Cerasi
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Figure 20, Cerasi
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Figure 18, Cerasi
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Apps, Figure 13
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Apps, Figure 21
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635