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
Applicant’s amendment of 02/12/2026 is acknowledged.
Claims 1-20 are presented.
Independent claims 1, 13, and 18 are amended.
Dependent claims 2-12, 14-17, and 19-20 are amended.
The present Office action treats claims 1-20 on the merits.
The present Office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 02/12/2026 (see p. 7-10 of the reply) are fully considered.
Regarding Claim Rejections – 35 U.S.C. § 112 (p. 7-8): Applicant’s arguments are fully considered. Applicant’s claim amendments have rendered the 35 USC 112 rejection of claim 14 as applied in the previous Office action moot. However, it is noted that the amendment has necessitated new 35 USC 112 rejections, which are presented in the rejections below.
Regarding Claim Rejections – 35 U.S.C. § 101 (p. 8): Applicant’s arguments are fully considered and are persuasive. Specifically, Applicant’s claim amendment has overcome the 35 USC 101 rejection of claim 6.
Regarding Claim Rejections – 35 U.S.C. §§ 102 & 103 (p. 8-10): Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112(b)
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 13-17 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 13 recites “A closure system for underwear, wherein the underwear comprises a body having a front portion and a rear portion, a band, and a...waistband” such that, as recited in the preamble the underwear and the body, front portion, rear portion, band, and waistband are functionally recited; i.e. what is claimed is a closure system that is “for” such an underwear.
However, the body of the claim structurally limits the body, the front portion, the rear portion, and the band (including, for example, “coupling portion at a lateral side of one of the front portion and the rear portion”, “engaged with the band”, “feature at an end of the band”, “on the end of the band”, “on the band”, “on the body”, “on the band”) such that it is not clear whether or not those elements –i.e. the underwear and the body, front portion, rear portion, band, and waistband—are structurally claimed elements of the closure system or not. For the purpose of applying art, the phrase “A closure system for underwear, wherein the underwear comprises a body having a front portion and a rear portion, a band, and a pre-formed adjustable waistband collectively defined by the band and one of the front portion and the rear portion, the closure system comprising:” is interpreted as if it reads instead –An underwear comprising a closure system, a body having a front portion and a rear portion, a band, and a pre-formed adjustable waistband collectively defined by the band and one of the front portion and the rear portion, the underwear comprising:--
Claims 14-17 are rejected if only because they depend from a rejected claim. In addition, and in like manner to how claim 13 is indefinite, each of claims 14-17 are further indefinite insofar as it is not clear whether the “The closure system of claim 13” and/or the “The closure system of claim 16” structurally comprise the underwear and the body, front portion, rear portion, band, and waistband or not. For the purpose of applying art, each of claims 14-16 is interpreted as it its preamble reads --The underwear of claim 13--, and claim 17 is interpreted as if its preamble reads --The underwear of claim 16--.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [McDaniel, US 2008/0052806, newly cited].
Regarding claim 1:
McDaniel discloses (Figs. 6-7):
Underwear 10’ (i.e. “garment 10’”; para 42; “undergarment”; para 4), comprising:
a body 12’, 14’ (i.e. the combined “liner 12’” and “cover 14’”; para 42) having a front portion 18’ (i.e. “front portion 18’”; para 42) and a rear portion 22’ (i.e. “back portion 22’”; para 42);
a band 74, 74 (i.e. the “two strap members 74”; para 43), wherein the band and one of the front portion and the rear portion collectively define a pre-formed (the elements of the waistband are formed prior to their assembly into a waistband and, moreover, are formed together into the waistband—including, e.g. into the configuration shown in Fig. 6— and prior to at least a removal step (“removeably attaching”; Abstract) such that the waistband is “pre-formed” as claimed) adjustable (“to be adjusted in length”; Abstract) waistband (band, front portion, and rear portion collectively define a circuit configured to be provided around a waist of a user in the way that Applicant describes a band in a circuit configuration with a portion to form a waistband in para [0047] as filed such that band and front portion collectively define said adjustable waistband and, in addition, band and rear portion collectively define said adjustable waistband);
a waistband closure (elements thereof identified hereinbelow) for securing (Abstract) the waistband around a waist of a user (via at least permitting strap length adjustment and in the same manner that strap length adjustment is configured to “encircle the waist” in reference to the embodiment described in para 25), wherein the waistband closure comprises:
at least one coupling portion 40’ (i.e. the “adjustment mechanism 40’” (para 43) on one of the two members 74 of the band) at a lateral side (Fig. 6, wherein it is noted the term “at” means “In or near the area occupied by; in or near the location of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved April 7 2026 from https://www.thefreedictionary.com/at) of the body, wherein the at least one coupling portion is slidably engaged with the band (“functions in...identical fashion to 40” of the embodiment of Figs. 1-5 (para 43) wherein 40 is slidably engaged with a band so as to permit shortening and lengthening of the band as explained in para 30 in reference to Figs. 3-5);
a retaining feature 84 (i.e. the “bond area 84”; para 43 where the strap member 74 is “bonded or sealed to itself”; para 43) at an end of the band (Fig. 6, wherein it is noted the term “at” means “In or near the area occupied by; in or near the location of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved April 7 2026 from https://www.thefreedictionary.com/at)) that is configured to limit sliding of the band relative to the at least one coupling portion (band is “sealed to itself” via the retaining feature 84 such that sliding is limited in that sliding cannot occur past the portion of the band which is “sealed to itself” in the same general manner that “strap member 30 is then sealed or bonded to itself to form the looped portion 32” in reference to the embodiment of Figs. 1-5 so as to limit sliding in the embodiment of Figs. 1-5):
a first waistband fastener 78 (i.e. the “clasp 78”; para 43 engaged with 68) on the end of the band (Fig. 6 wherein, as stated above, 84 is “at an end of the band” such that 84 is “at an end of the band” and 78 is “on the end of the band”); and
a corresponding second waistband fastener 68 (i.e. “68...[]loop”) on the band (Fig. 6, wherein the term “on” is used to indicate “local position outside of, but in contact with or close to, a surface”; Oxford English Dictionary, “on (prep.), sense I.i,” March 2026, https://doi.org/10.1093/OED/2319297158; emphasis provided by Examiner)
(second waistband fastener 68 is corresponding to first waistband fastener 78 in that 68 and 78 are configured to be engaged with each other (paras 42-43) and are engaged with each other (Fig. 6))
a body closure (elements thereof identified hereinbelow) for securing the body to the band (para 43; Fig. 6), wherein the body closure comprises a first body fastener 72 (i.e. “72...loop[]”) on the body (para 42; Fig. 6) and a corresponding second body fastener 78 (i.e. the “clasp 78” (para 43) engaged with 72) on the band (para 43; Fig. 6)
(second body fastener 78 is corresponding to first body fastener 72 in that 72 and 78 are configured to be engaged with each other (paras 42-43) and are engaged with each other (Fig. 6)).
Regarding claim 2:
McDaniel discloses The underwear of claim 1, as set forth above.
McDaniel further discloses wherein the body closure secures the front portion to the band via the first body fastener 72 and the corresponding second body fastener 78 (para 43; Fig. 6).
Regarding claim 3:
McDaniel discloses The underwear of claim 1, as set forth above.
McDaniel further discloses wherein the end of the band is pulled or retracted relative to the body to tighten or loosen the waistband (band and ends thereof are configured to be pulled relative to the body; and are further configured to be retracted relative to the body during the process of shortening and lengthening of the band as explained in para 30 in reference to the embodiment of Figs. 3-5; it is noted that McDaniel is configured such that band portions thereof—including ends thereof—are capable of simultaneous movement towards a first portion of the body and also away from a second portion of the body and vice versa during shortening and also during lengthening).
Regarding claim 4:
McDaniel discloses The underwear of claim 1, as set forth above.
McDaniel further discloses wherein the waistband closure comprises a third waistband fastener 78 (i.e. the “clasp 78” engaged with 66) on an opposite end of the band (Fig. 6) and a corresponding fourth waistband fastener 66 on the band (Fig. 6, wherein the term “on” is used to indicate “local position outside of, but in contact with or close to, a surface”; Oxford English Dictionary, “on (prep.), sense I.i,” March 2026, https://doi.org/10.1093/OED/2319297158; emphasis provided by Examiner).
Regarding claim 5:
McDaniel discloses The underwear of claim 4, as set forth above.
McDaniel further discloses wherein the first waistband fastener on the end of the band engages with the corresponding second waistband fastener on the band on a first side of the body to achieve a partially fastened configuration of the waistband closure (McDaniel is configured such that 68 and its corresponding fastener 78 are capable of engaging with each other while 66 and its corresponding fastener 78 are not engaged with each other such that the limitation is met), and
wherein the third waistband fastener on the second distal end of the band engages with the fourth waistband fastener on a second side of the body opposite the first side to achieve a fully fastened configuration of the waistband closure (McDaniel is configured such that 66 and its corresponding fastener 78 are capable of engaging with each other while 68 and its corresponding fastener 78 are engaged with each other such that the limitation is met).
Regarding claim 6:
McDaniel discloses The underwear of claim 4, as set forth above.
McDaniel further discloses wherein the first waistband fastener 78 on the end of the band and the third waistband fastener 78 on the opposite end of the band are configured to engage with the corresponding second 68 and fourth 66 waistband fasteners on the band at an anterior portion of the waist of the user (in the same way that “front portion 18’ (para 42) is configured to be at an anterior portion of the waist of the user).
Regarding claim 7:
McDaniel discloses The underwear of claim 1, as set forth above.
McDaniel further discloses wherein the body closure moves between a fastened configuration of the body closure and an unfastened configuration of the body closure independent of the waistband closure.
(McDaniel is configured such that while 68 and 78 of waistband closure are engaged with each other, 72 and 78 of the body closure are capable of moving relative to each other so as to fasten to each other and unfasten from each other such that the limitation is met; in addition McDaniel is further configured such that while 68 and 78 of waistband closure are not engaged with each other, 72 and 78 of the body closure are capable of moving relative to each other so as to fasten to each other and unfasten from each other such that the limitation is met.)
Regarding claim 8:
McDaniel discloses The underwear of claim 1, as set forth above.
McDaniel further discloses wherein the at least one coupling portion 40’ comprises a first coupling portion 40’ (i.e. one of 40’) at a first lateral side of the body (Fig. 6) and a second coupling portion 40’ (i.e. the other of 40’) at a second lateral side of the body (Fig. 6), wherein the band slides through at least one of the first coupling portion and the second coupling portion as the waistband is tightened or loosened (permitting shortening and lengthening of the band as explained in para 30 in reference to the embodiment of Figs. 3-5).
Regarding claim 9:
McDaniel discloses The underwear of claim 8, as set forth above.
McDaniel further discloses wherein an opposite end of the band engages with the second coupling portion 40’ (Fig. 6).
Regarding claim 10:
McDaniel discloses The underwear of claim 9, as set forth above.
McDaniel further discloses wherein the opposite end of the band comprises a second retaining feature 84 that is configured to limit sliding of the band relative to the second coupling portion (end of band is “sealed to itself” via the retaining feature 84 such that sliding is limited in that sliding cannot occur past the portion of the band which is “sealed to itself” in the same general manner that “strap member 30 is then sealed or bonded to itself to form the looped portion 32” in reference to the embodiment of Figs. 1-5 so as to limit sliding in the embodiment of Figs. 1-5).
Regarding claim 11:
McDaniel discloses The underwear of claim 1, as set forth above.
McDaniel further discloses wherein the first waistband fastener and the corresponding second waistband fastener comprise a hook and loop fastener, a hook 80 (para 43) and eye (“loop[]”; para 42) fastener, a magnetic fastener, a clasp fastener (“clasp 78”), a button fastener, a latch fastener, an adhesive, a tie, or a snap fastener.
Regarding claim 12:
McDaniel discloses The underwear of claim 9, as set forth above.
McDaniel further discloses wherein the first body fastener and the second body fastener comprise a hook and loop fastener, a hook 80 (para 43) and eye (“loop[]”; para 42) fastener, a magnetitic fastener, a clasp fastener (“clasp 78”), a button fastener, a latch fastener, an adhesive, a tie fastener, or a snap fastener.
Claim(s) 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [McDaniel, US 2008/0052806, newly cited].
Regarding claim 13:
McDaniel discloses (Figs. 6-7):
A closure system (elements thereof identified hereinbelow) for underwear 10’ (i.e. “garment 10’”; para 42; “undergarment”; para 4), wherein the underwear comprises a body 12’, 14’ (i.e. the combined “liner 12’” and “cover 14’”; para 42) having a front portion 18’ (i.e. “front portion 18’”; para 42) and a rear portion 22’ (i.e. “back portion 22’”; para 42), a band 74, 74 (i.e. the “two strap members 74”; para 43), and a pre-formed (the elements of the waistband are formed prior to their assembly into a waistband and, moreover, are formed together into the waistband—including, e.g. into the configuration shown in Fig. 6— and prior to at least a removal step (“removeably attaching”; Abstract) such that the waistband is “pre-formed” as claimed) adjustable (“to be adjusted in length”; Abstract) waistband collectively defined by the band and one of the front portion and the rear portion (band, front portion, and rear portion collectively define a circuit configured to be provided around a waist of a user in the way that Applicant describes a band in a circuit configuration with a portion to form a waistband in para [0047] as filed such that band and front portion collectively define said adjustable waistband and, in addition, band and rear portion collectively define said adjustable waistband) the closure system comprising:
a waistband closure (elements thereof identified hereinbelow) for securing (Abstract) the waistband around a waist of a user (via at least permitting strap length adjustment and in the same manner that strap length adjustment is configured to “encircle the waist” in reference to the embodiment described in para 25), wherein the waistband closure comprises:
at least one coupling portion 40’ (i.e. the “adjustment mechanism 40’” (para 43) on one of the two members 74 of the band) at a lateral side of one of the front portion and the rear portion (Fig. 6, wherein it is noted the term “at” means “In or near the area occupied by; in or near the location of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved April 7 2026 from https://www.thefreedictionary.com/at such that coupling portion 40’ is at a lateral side of the front portion and is also at a lateral side of the rear portion), wherein the at least one coupling portion is slidably (“functions in...identical fashion to 40” of the embodiment of Figs. 1-5 (para 43) wherein 40 is slidably engaged with a band so as to permit shortening and lengthening of the band as explained in para 30 in reference to Figs. 3-5) engaged with the band to change a circumference of the waistband (via shortening and lengthening of the band; paras 43 and 30);
a retaining feature 84 (i.e. the “bond area 84”; para 43 where the strap member 74 is “bonded or sealed to itself”; para 43) at an end of the band (Fig. 6, wherein it is noted the term “at” means “In or near the area occupied by; in or near the location of”; at. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved April 7 2026 from https://www.thefreedictionary.com/at)) that is configured to limit sliding of the band relative to the at least one coupling portion (band is “sealed to itself” via the retaining feature 84 such that sliding is limited in that sliding cannot occur past the portion of the band which is “sealed to itself” in the same general manner that “strap member 30 is then sealed or bonded to itself to form the looped portion 32” in reference to the embodiment of Figs. 1-5 so as to limit sliding in the embodiment of Figs. 1-5):
a first waistband fastener 78 (i.e. the “clasp 78”; para 43 engaged with 68) on the end of the band (Fig. 6 wherein, as stated above, 84 is “at an end of the band” such that 84 is “at an end of the band” and 78 is “on the end of the band”); and
a corresponding second waistband fastener 68 (i.e. “68...[]loop”) on the band (Fig. 6, wherein the term “on” is used to indicate “local position outside of, but in contact with or close to, a surface”; Oxford English Dictionary, “on (prep.), sense I.i,” March 2026, https://doi.org/10.1093/OED/2319297158; emphasis provided by Examiner); and
(second waistband fastener 68 is corresponding to first waistband fastener 78 in that 68 and 78 are configured to be engaged with each other (paras 42-43) and are engaged with each other (Fig. 6))
a body closure (elements thereof identified hereinbelow) for securing the body to the band (para 43; Fig. 6), wherein the body closure comprises a first body fastener 72 (i.e. “72...loop[]”) on the body (para 42; Fig. 6) and a corresponding second body fastener 78 (i.e. the “clasp 78” (para 43) engaged with 72) on the band (para 43; Fig. 6).
(second body fastener 78 is corresponding to first body fastener 72 in that 72 and 78 are configured to be engaged with each other (paras 42-43) and are engaged with each other (Fig. 6)).
Regarding claim 14:
McDaniel discloses The closure system of claim 13, as set forth above.
McDaniel further discloses wherein the body closure is configured to secure the front portion to the band via the first body fastener 72 and the corresponding second body fastener 78 (para 43; Fig. 6).
Regarding claim 15:
McDaniel discloses The closure system of claim 13, as set forth above.
McDaniel further discloses wherein the waistband closure comprises a third waistband fastener 78 (i.e. the “clasp 78” engaged with 66) on an opposite end of the band (Fig. 6) and a corresponding fourth waistband fastener 66 on the band (Fig. 6, wherein the term “on” is used to indicate “local position outside of, but in contact with or close to, a surface”; Oxford English Dictionary, “on (prep.), sense I.i,” March 2026, https://doi.org/10.1093/OED/2319297158; emphasis provided by Examiner).
Regarding claim 16:
McDaniel discloses The closure system of claim 13, as set forth above.
McDaniel further discloses wherein the at least one coupling portion 40’ comprises a first coupling portion 40’ (i.e. one of 40’) at a first lateral side of the body (Fig. 6) and a second coupling portion 40’ (i.e. the other of 40’) at a second lateral side of the body (Fig. 6).
Regarding claim 17:
McDaniel discloses The closure system of claim 16, as set forth above.
McDaniel further discloses wherein an opposite end of the band comprises a second retaining feature 84 that is configured to limit sliding of the band relative to the second coupling portion (end of band is “sealed to itself” via the retaining feature 84 such that sliding is limited in that sliding cannot occur past the portion of the band which is “sealed to itself” in the same general manner that “strap member 30 is then sealed or bonded to itself to form the looped portion 32” in reference to the embodiment of Figs. 1-5 so as to limit sliding in the embodiment of Figs. 1-5).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [McDaniel, US 2008/0052806, newly cited].
Regarding claim 18:
McDaniel discloses:
A method of donning underwear 10’ on a lower body of a user (“securing a garment to a wearer” (Abstract); “briefs and underwear” (para 1); having a “waist”; “leg openings” (para 18)), the method comprising:
donning (“fitted around the...torso”; para 1) a pre-formed (the elements of the waistband are formed prior to their assembly into a waistband and, moreover, are formed together into the waistband—including, e.g. into the configuration shown in Fig. 6— and prior to at least a removal step (“removeably attaching”; Abstract) such that the waistband is “pre-formed” as claimed) adjustable (“to be adjusted in length”; Abstract) waistband of the underwear 10’ around a waist of the user (“encircle the waist”; para 25), wherein the waistband is collectively defined by a band 74, 74 (i.e. the “two strap members 74”; para 43) of the underwear and one of a front portion 18’ (i.e. “front portion 18’”; para 42) and a rear portion 22’ (i.e. “back portion 22’”; para 42) of a body 12’, 14’ (i.e. the combined “liner 12’” and “cover 14’”; para 42) of the underwear;
pulling an end of the band (via the function of 40’ “in...identical fashion to...40” (para 43) and the strap lengthening and shortening described in relation to 40 in para 30) in a lateral direction (40’ and the end that comprises 40’ are pulled away from 14’ in a lateral direction whilst lengthening the strap) such that the band slides through (while shortening and lengthening of the band as explained in para 30 in reference to Figs. 3-5) a coupling portion 40’ at a lateral side of one of the front portion and the rear portion (Fig. 6 wherein coupling portion 40’ is at a lateral side of the front portion and is also at a lateral side of the rear portion), wherein pulling the end of the band tightens (during shortening and in a direction towards 14’) the waistband around the waist (para 25), and wherein the end of the band comprises a retaining feature 84 that limits sliding of the band relative to the coupling portion (band is “sealed to itself” via the retaining feature 84 such that sliding is limited in that sliding cannot occur past the portion of the band which is “sealed to itself” in the same general manner that “strap member 30 is then sealed or bonded to itself to form the looped portion 32” in reference to the embodiment of Figs. 1-5 so as to limit sliding in the embodiment of Figs. 1-5) in a medial direction (towards 12’ when the coupling portion approaches 12’ and/or towards 14’ when the coupling portion approaches 14’; it is noted that both 12’ and 14’ are medial to the rest of the underwear when encircling a waist);
securing a first waistband fastener 78 (i.e. the “clasp 78” engaged with 70) on the end of the band to a corresponding second waistband fastener 70 on the band (Fig. 6, wherein the term “on” is used to indicate “local position outside of, but in contact with or close to, a surface”; Oxford English Dictionary, “on (prep.), sense I.i,” March 2026, https://doi.org/10.1093/OED/2319297158; emphasis provided by Examiner) ; and
securing (paras 42-43; Fig. 6) a first body fastener 66 on the body to a corresponding second body fastener 78 (i.e. the “clasp 78” engaged with 66) on the band.
Regarding claim 19:
McDaniel discloses The method of claim 18, as set forth above.
McDaniel further discloses wherein securing the first body fastener 66 on the body to the corresponding second body fastener 78 on the band secure the front portion 14’ to the band (paras 42-43; Fig. 6).
Regarding claim 20:
McDaniel discloses The method of claim 18, as set forth above.
McDaniel further discloses wherein securing at least one of the first waistband fastener on the end of the band to the corresponding second waistband fastener on the band and the first fastener on the body to the corresponding second body fastener on the band comprises engaging (paras 42-43; Fig. 6) one or more of hook and loop fasteners, hook 80 (para 43) and eye (“loop[]”; para 42) fasteners (paras 42-43; Fig. 6), magnetic fasteners, clasp fasteners (“clasp 78”; paras 42-43; Fig. 6), button fasteners, latch fasteners, adhesive fasteners, tie fasteners, or snap fasteners.
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 GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/ Examiner, Art Unit 3732