Response to Office Action

SNAP

Essenlix Corporation

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88205002
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://uspto.report/TM/88205002/mark.png
LITERAL ELEMENT SNAP
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_502421257-20190819105610347836_._ESX-T065_Response_Non-Final_Office_Action_Exhibit_A.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\050\88205002\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\050\88205002\xml4\ROA0003.JPG
       ORIGINAL PDF FILE evi_1-502421257-20190819105610347836_._ESX-T065_Response_Non-Final_Office_Action_FINAL.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\882\050\88205002\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\050\88205002\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\050\88205002\xml4\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\882\050\88205002\xml4\ROA0007.JPG
DESCRIPTION OF EVIDENCE FILE The evidence consists of Applicant's Response and Exhibit to the Non-Final Office Action of February 27, 2019.
GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS 010
DESCRIPTION
Medical diagnostic apparatus for testing cells, tissue and biomolecules, in the nature of proteins, small molecules, cells, and nucleic acids; Medical devices for obtaining bodily fluid samples; Medical diagnostic instruments for the analysis of bodily fluids; Medical apparatus for diagnostic use, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Medical diagnostic instruments, namely, instruments for the detection and identification of nucleic acids, namely, DNA and RNA in a sample
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Medical diagnostic apparatus for testing cells, tissue and biomolecules, in the nature of proteins, small molecules, cells, and nucleic acids; Medical devices for obtaining bodily fluid samples; Medical diagnostic instruments for the analysis of bodily fluids; Medical apparatus for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical apparatus for diagnostic use, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; medical diagnostic devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Medical diagnostic instruments, namely, instruments for medical testing in the nature of the detection and identification of nucleic acids, namely, DNA and RNA in a sample; Medical diagnostic instruments, namely, instruments for the detection and identification of nucleic acids, namely, DNA and RNA in a sample
FINAL DESCRIPTION
Medical diagnostic apparatus for testing cells, tissue and biomolecules, in the nature of proteins, small molecules, cells, and nucleic acids; Medical diagnostic instruments for the analysis of bodily fluids; Medical apparatus for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; medical diagnostic devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Medical diagnostic instruments, namely, instruments for medical testing in the nature of the detection and identification of nucleic acids, namely, DNA and RNA in a sample
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (044)(current)
INTERNATIONAL CLASS 044
DESCRIPTION
Medical services, medical assistance, medical consultations, medical counseling, medical information, healthcare testing, diagnostic testing, and tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids, namely, DNA and RNA in a sample
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (044)(proposed)
INTERNATIONAL CLASS 044
TRACKED TEXT DESCRIPTION
Medical services, medical assistance, medical consultations, medical counseling, medical information, healthcare testing, diagnostic testing, and tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services, medical assistance, medical counseling, healthcare testing, diagnostic testing, and diagnostic tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids, namely, DNA and RNA in a sample; Medical services for the detection and identification of nucleic acids in a sample, namely, DNA and RNA screening for medical purposes; all of the aforesaid services not including medical consultations provided via phone, online or videoconferencing and providing information about medical test results to patients and medical professionals in the form of reports
FINAL DESCRIPTION
Medical services, medical assistance, medical counseling, healthcare testing, diagnostic testing, and diagnostic tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids in a sample, namely, DNA and RNA screening for medical purposes; all of the aforesaid services not including medical consultations provided via phone, online or videoconferencing and providing information about medical test results to patients and medical professionals in the form of reports
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Julian D. Gonzalez
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
STREET 1 DEERPARK DRIVE, SUITE R
CITY MONMOUTH JUNCTION
STATE New Jersey
POSTAL CODE 08852
COUNTRY US
PHONE 732-274-1020
FAX 732-274-1021
EMAIL esxip@essenlix.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER ESX-T065
ATTORNEY SECTION (proposed)
NAME Julian D. Gonzalez
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 1 DEERPARK DRIVE, SUITE R
CITY MONMOUTH JUNCTION
STATE New Jersey
POSTAL CODE 08852
COUNTRY United States
PHONE 732-274-1020
FAX 732-274-1021
EMAIL esxip@essenlix.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER ESX-T065
CORRESPONDENCE SECTION (current)
NAME JULIAN D. GONZALEZ
STREET 1 DEERPARK DRIVE, SUITE R
CITY MONMOUTH JUNCTION
STATE New Jersey
POSTAL CODE 08852
COUNTRY US
PHONE 732-274-1020
FAX 732-274-1021
EMAIL esxip@essenlix.com; julian_gonzalez@essenlix.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER ESX-T065
CORRESPONDENCE SECTION (proposed)
NAME Julian D. Gonzalez
STREET 1 DEERPARK DRIVE, SUITE R
CITY MONMOUTH JUNCTION
STATE New Jersey
POSTAL CODE 08852
COUNTRY United States
PHONE 732-274-1020
FAX 732-274-1021
EMAIL esxip@essenlix.com; julian_gonzalez@essenlix.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER ESX-T065
SIGNATURE SECTION
RESPONSE SIGNATURE /Julian D. Gonzalez/
SIGNATORY'S NAME Julian D. Gonzalez
SIGNATORY'S POSITION Attorney of Record, New Jersey bar member
SIGNATORY'S PHONE NUMBER 732-274-1020
DATE SIGNED 08/19/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 19 12:08:55 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
190819120855243451-882050
02-610b6cec1d71a926d5994e
f39f4878385486ff742ef99e9
5ddf2cde646aba19-N/A-N/A-
20190819105610347836



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88205002 SNAP(Standard Characters, see http://uspto.report/TM/88205002/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The evidence consists of Applicant's Response and Exhibit to the Non-Final Office Action of February 27, 2019. has been attached.
Original PDF file:
evi_502421257-20190819105610347836_._ESX-T065_Response_Non-Final_Office_Action_Exhibit_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_1-502421257-20190819105610347836_._ESX-T065_Response_Non-Final_Office_Action_FINAL.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Medical diagnostic apparatus for testing cells, tissue and biomolecules, in the nature of proteins, small molecules, cells, and nucleic acids; Medical devices for obtaining bodily fluid samples; Medical diagnostic instruments for the analysis of bodily fluids; Medical apparatus for diagnostic use, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Medical diagnostic instruments, namely, instruments for the detection and identification of nucleic acids, namely, DNA and RNA in a sample
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Medical diagnostic apparatus for testing cells, tissue and biomolecules, in the nature of proteins, small molecules, cells, and nucleic acids; Medical devices for obtaining bodily fluid samples; Medical diagnostic instruments for the analysis of bodily fluids; Medical apparatus for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical apparatus for diagnostic use, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; medical diagnostic devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Medical diagnostic instruments, namely, instruments for medical testing in the nature of the detection and identification of nucleic acids, namely, DNA and RNA in a sample; Medical diagnostic instruments, namely, instruments for the detection and identification of nucleic acids, namely, DNA and RNA in a sampleClass 010 for Medical diagnostic apparatus for testing cells, tissue and biomolecules, in the nature of proteins, small molecules, cells, and nucleic acids; Medical diagnostic instruments for the analysis of bodily fluids; Medical apparatus for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; medical diagnostic devices for personal wellness, namely, point-of-care diagnostic devices, at-home diagnostic devices, and portable health monitoring devices that detect health conditions and diseases in the nature of cancers, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases and genetic diseases; Medical diagnostic instruments, namely, instruments for medical testing in the nature of the detection and identification of nucleic acids, namely, DNA and RNA in a sample
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 044 for Medical services, medical assistance, medical consultations, medical counseling, medical information, healthcare testing, diagnostic testing, and tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids, namely, DNA and RNA in a sample
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Medical services, medical assistance, medical consultations, medical counseling, medical information, healthcare testing, diagnostic testing, and tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services, medical assistance, medical counseling, healthcare testing, diagnostic testing, and diagnostic tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids, namely, DNA and RNA in a sample; Medical services for the detection and identification of nucleic acids in a sample, namely, DNA and RNA screening for medical purposes; all of the aforesaid services not including medical consultations provided via phone, online or videoconferencing and providing information about medical test results to patients and medical professionals in the form of reportsClass 044 for Medical services, medical assistance, medical counseling, healthcare testing, diagnostic testing, and diagnostic tests for personal wellness, namely, in the fields of cancer, blood abnormalities, immune diseases, neurological diseases, cardiovascular diseases, infectious diseases, viral diseases, genetic diseases, and other tissue-based diagnostic testing, cytology, and cell-based testing; Medical services for the detection and identification of nucleic acids in a sample, namely, DNA and RNA screening for medical purposes; all of the aforesaid services not including medical consultations provided via phone, online or videoconferencing and providing information about medical test results to patients and medical professionals in the form of reports
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Julian D. Gonzalez. Julian D. Gonzalez, is located at

      1 DEERPARK DRIVE, SUITE R
      MONMOUTH JUNCTION, New Jersey 08852
      US
The docket/reference number is ESX-T065.

The phone number is 732-274-1020.

The fax number is 732-274-1021.

The email address is esxip@essenlix.com

The applicants proposed attorney information: Julian D. Gonzalez. Julian D. Gonzalez, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1 DEERPARK DRIVE, SUITE R
      MONMOUTH JUNCTION, New Jersey 08852
      United States
The docket/reference number is ESX-T065.

The phone number is 732-274-1020.

The fax number is 732-274-1021.

The email address is esxip@essenlix.com

Julian D. Gonzalez submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JULIAN D. GONZALEZ. JULIAN D. GONZALEZ, is located at

      1 DEERPARK DRIVE, SUITE R
      MONMOUTH JUNCTION, New Jersey 08852
      US
The docket/reference number is ESX-T065.

The phone number is 732-274-1020.

The fax number is 732-274-1021.

The email address is esxip@essenlix.com; julian_gonzalez@essenlix.com

The applicants proposed correspondence information: Julian D. Gonzalez. Julian D. Gonzalez, is located at

      1 DEERPARK DRIVE, SUITE R
      MONMOUTH JUNCTION, New Jersey 08852
      United States
The docket/reference number is ESX-T065.

The phone number is 732-274-1020.

The fax number is 732-274-1021.

The email address is esxip@essenlix.com; julian_gonzalez@essenlix.com

SIGNATURE(S)
Response Signature
Signature: /Julian D. Gonzalez/     Date: 08/19/2019
Signatory's Name: Julian D. Gonzalez
Signatory's Position: Attorney of Record, New Jersey bar member

Signatory's Phone Number: 732-274-1020

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    JULIAN D. GONZALEZ
   
   
   1 DEERPARK DRIVE, SUITE R
   MONMOUTH JUNCTION, New Jersey 08852
Mailing Address:    Julian D. Gonzalez
   1 DEERPARK DRIVE, SUITE R
   MONMOUTH JUNCTION, New Jersey 08852
        
Serial Number: 88205002
Internet Transmission Date: Mon Aug 19 12:08:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190819120855243
451-88205002-610b6cec1d71a926d5994ef39f4
878385486ff742ef99e95ddf2cde646aba19-N/A
-N/A-20190819105610347836


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