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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/629, 182
`
`01/07/2020
`
`Yuma Yamaguchi
`
`P191399US00
`
`3536
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`BERMUDBZ, CHARLENE
`
`1721
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/07/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`patentmail @ whda.com
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`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1.and 3-6 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s)
`1and3-6 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231016
`
`Application No.
`Applicant(s)
`16/629 ,182
`Yamaguchi etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHARLENE BERMUDEZ
`1721
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1) Responsive to communication(s)filed on 25 January 2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
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`1.
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`Thepresentapplication, filed on or after March 16, 2013, is being examined underthe
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`first inventorto file provisions of the AIA.
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`Continued Examination Under 37 CFR 1.114
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`2.
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this applicationis
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`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
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`has been timely paid, the finality of the previous Office action has been withdrawn pursuantto
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`37 CFR 1.114. Applicant's submission filed on 23 March 2023 has been entered.
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`Claim Rejections - 35 USC § 102
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`3.
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`In the eventthe determination ofthe status of the application as subject to AIA 35 U.S.C.
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`102 and 103 is incorrect, any correction of the statutory basis for the rejection will not be
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`considered a new groundofrejection if the prior art relied upon, and the rationale supporting the
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`rejection, would be the sameundereitherstatus.
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections underthis section madein this Office action:
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`A personshall be entitled to a patent unless —
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`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, onsale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`(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.
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 3
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`5.
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`Claims 1, 3-4, and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vu
`
`et al (WO 2005/050759 A2). Hereinafter referred to as Vu.
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`6.
`
`Regarding claim 1, Vu discloses a cylindrical battery (“secondary electrochemical cell
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`20” [0020]) comprising: and electrode body (collection of 25,27, and31 in Fig. 1) in which a
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`positive electrode plate and a negative electrode plate with a separator betweenthe electrodes are
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`wound([0022]); an electrolyte (“an alkaline electrolyte” [0022]); a bottomed cylindrical exterior
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`can (23 Fig. 1, “The cell 20 includes an outer conductive can 23” [0021]) that housesthe
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`electrode body andthe electrolyte ([(0022]); and an opening sealing body (“an open endthat
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`defines the positive terminal end 22” [0021]),
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`wherein the opening sealing body includes a terminal cap (“A positive terminal end cap
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`24 is secured in the open end of the negative can 23” [0021]),a valve disc included in a current
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`cut-off mechanism (42 Fig. 1, “grommet 42 provides a seal against the can 23 to prevent
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`unwanted leakage of anode or electrolyte from the cell” [0027] and “The cell 20 therefore ceases
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`to both charge and discharge when the grommet42 is in the biased position illustrated in Fig. 2.”
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`[0039]), and a washer having an opening at a center (32 Fig. 1, “conductive washers 32 and 72
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`provide contacts for a switch 81 responsive to internal cell pressure” [0032]), interposed between
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`the terminal cap and the valve disc (“The components disposedin the positive terminal end 22
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`generally include the end cap 24 thatis held in contact with a first conductive washer 32 by a
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`grommet 42.” [0024]),
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`the valve disc is configured to receive an internal pressure of the cylindrical battery
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`before the current cut-off mechanism operates (“as internal pressure accumulates within the
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`cavity 29, the pressure acts against the bottom surface of the grommet 42” [0038]),
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
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`Page 4
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`the washerhasa first surface (top surface of 32 shownfrom Fig. 1 perspective), anda
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`second surface facing the valve disc and opposite the first surface in a thickness direction of the
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`washer(bottom surface of 32 shown from Fig. 1 perspective),
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`the first surface includesa first recessed section formed in an annular shape along an
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`entire surrounding of the opening, anda first planar section disposed in a surroundingof the first
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`recessed section (refer to the annotated copyof Fig. 1 below),
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`the second surface includes a second recessed section formed in an annular shape along
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`an entire surrounding of the opening, and a second planarsection disposed in a surrounding of
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`the second recessedsection (refer to the annotated copy of Fig. 1 below),
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`
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`a boundary line betweenthefirst recessed section andthefirst planar section on thefirst
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`surface and a boundary line between the second recessed section and the secondplanarsection
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`on the second surface overlap each otherin the thickness direction of the washer(the dashedline
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`in the annotated copy ofFig. 1 above),
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`the boundary lines are circular (Fig. 1 — a similar structure is located on the opposite side
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`of the secondary battery shownin Fig. 1, which implies that the disclosed cylindrical battery and
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`its components are disposed symmetrically ),
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 5
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`a gap is present betweenthe second recessed section and the valve disc (Fig. 1 — a gap is
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`located between the second recessedsection indicated in the annotated copy aboveandthe
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`grommet 42), and
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`the first recessed section and the second recessed section are formed within a monolithic
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`structure of the washer(“first conductive washer 32 is also an annular member” [0026] where
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`“member” suggests a singular componentin the secondary battery) and are tapered toward the
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`openingin a nearidentical manner(Fig. 1 — the first conductive washer32 has an incline at
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`similar radii on opposite sides of the cylindrical battery ).
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`7.
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`Regarding claim 3, Vu discloses the cylindrical battery with limitations set forth in claim
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`1 above, and
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`wherein a step is formed in the boundary lines (Fig. 1 — the incline is formed directly adjacentto
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`the boundary lines indicated along the dashedline in the annotated copy of Fig. 1 above).
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`8.
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`Regarding claim 4, Vu discloses the cylindrical battery with limitations set forth in claim
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`3 above, and
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`wherein a thickness of each of the first recessed section and the second recessed section is
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`constant(Fig. 1 — the recesses of the recessed sections indicated in the annotated copy of Fig. 1
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`above has a constant thickness, or distance away from the planarsectionsin the thickness
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`direction of the washer).
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`9.
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`Regarding claim 5, Vu discloses the cylindrical battery with limitations set forth in claim
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`1 above, and
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`wherein each of the first recessed section and the second recessed section has an inclined portion
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`with a thickness whichis reduced from the boundarylines toward the opening (annotated copy
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
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`Page 6
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`of Fig. 1 above — the inclined portionsin each of the recessed sections decrease from the
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`boundary lines indicated by the dashed line toward the center of the cylindrical battery).
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`10.
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`Regarding claim 6, Vu discloses the cylindrical battery with limitations set forth in claim
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`1 above, and
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`wherein an entirety of the washer, includingthe first recessed section, the first planar section, the
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`secondrecessed section, and the second planar section, integrally formed of a single piece of
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`material (“first conductive washer 32 is also an annular member” [0026] where “member”
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`suggests a singular componentin the secondary battery).
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`11.—Any inquiry concerning this communication or earlier communications from the
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`Conclusion
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`examiner should be directed to CHARLENE BERMUDEZ whosetelephone numberis
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`(571)272-0610. The examiner can normally be reached Mon, Thu, and Fri generally from 8 AM
`
`to 5 PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouragedto use the USPTO Automated Interview Request (AIR)at
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`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
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`supervisor, Allison Bourke can be reached on (303) 297-4684. The fax phone numberfor the
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`organization where this application or proceedingis assignedis 571-273-8300.
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 7
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`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1721
`
`/DUSTIN Q DAM/
`Primary Examiner, Art Unit 1721
`
`