Commissioner for Patents
`Office of Data ManagementAttention: Petitions Branch
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Application No. 13/775,754
`Atty. Docket No.: 1028.7
`
`August3, 2016
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`Renewed Requestfor Petition for Unintentional Delayed Claim ofPriority
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`To WhomIt May Concern:
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`The above application has issued as Patent No. 9,282,396. It was brought to my
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`attention that domestic priority had not been perfected on the Application Data
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`Sheet on January 22, 2016 and a replacement ADS was requested and submitted on
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`February 2, 2016. Thespecification of this application clearly states priority and
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`history, and the filing date should be corrected to December 21, 2001.Afirst
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`Petition for Unintentionally Delayed Claim for Priority was submitted on March 2,
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`2016. That petition was dismissed on July 15, 2016 for an improperclaim of
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`priority. It is believed that the current submission contains a corrected Application
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`Data Sheet in accordance with 37 CFR 1.78
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`The delay in perfecting this claim for priority was entirely unintentional. Thus,it is
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`respectfully requested that this Renewed Petition for Unintentionally Delayed Claim
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`for Priority, in response to the dismissal issued on July 15 now be allowed under 37
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`CFR 1.78. A copy of the corrected ADS, as well as a request for a Certificate of
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`Correction are filed herewith. No fee for the Petition is submitted, as this fee has
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`been paid, the fee for the Certificate of Correction is submitted herewith.
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`

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`Please do not hesitate to contact me with any questions or concerns.
`
`Application No. 13/775,754
`Atty. Docket No.: 1028.7
`
`August3, 2016
`
`Respectfully Submitted,
`
`
`
`MeganE. Lyman,Registration No. 57,054
`1816 Silver MistCt.
`Raleigh, NC 27613
`melyman@lymanpatents.com
`(919) 341-4023 (phone)
`(919) 341-0271 (fax)
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
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`CONFIRMATIONNO.
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`13/775,754
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`02/25/2013
`
`C. Earl Woolfork
`
`1028.7
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`1030
`
`MEGAN LYMAN
`
`1816 SILVER MIST CT.
`RALEIGH, NC 27613
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`Pe
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`FLANDERS, ANDREW C
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`ART UNIT
`
`2656
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`07/15/2016
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time 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):
`MELYMAN@LYMANPATENTS.COM
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`In re Patent No. 9,282,396
`Issue Date: March 8, 2016
`Application No. 13/775,754
`Filed: February 25, 2013
`Patentee(s): C. Earl Woolfork
`
`:
`: DECISION ON PETITION
`>
`UNDER37 CFR 1.78(e)
`:
`
`This is a decision on the petition, filed March 2, 2016, which is being treated a petition under 37
`CFR § 1.78(e), to accept an unintentionally delayed claim under 35 U.S.C. § 120 for the benefit
`of priority to the prior-filed nonprovisional applications set forth in the Application Data Sheet
`(ADS) filed May 24, 2016.
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`The petition is dismissed.
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`A petition for acceptance of a claim for late priority under 37 CFR § 1.78(e) is only applicable to
`those applicationsfiled after the expiration of the period specified in 37 CFR § 1.78(d)(3). In
`addition, the petition under 37 CFR § 1.78(e) must be accompanied by:
`
`(1)
`
`(2)
`(3)
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`the reference required by 35 U.S.C. § 120 and 37 CFR § 1.78(d)(2) of the prior-
`filed application, which must be filed in an Application Data Sheet, unless
`previously submitted;
`the petition fee set forth in § 1.17(m); and
`a statement that the entire delay between the date the claim was due under 37
`CFR § 1.78(d)(3) and the date the claim wasfiled was unintentional. The
`Director may require additional information where there is a question whether the
`delay was unintentional.
`
`Theinstant petition does not comply with item (1). In this regard, since the application has
`issued as patent, a petition under 37 CFR 1.78(e), along with the submission of a Certificate of
`Correction, would be the appropriate avenueofrelief to accept a late claim for the benefit of
`priority to the prior-filed nonprovisional applications. See MPEP 1481.03.
`
`If applicant desires to add the claim forpriority on the front page of the Letters Patent, by way
`of a Certificate of Correction, then petitioner must submit (1) a renewed petition under 37 CFR
`1.78(e), no further petition fee required; and (2) a Request for a Certificate of Correction (Form
`No. PTO/SB/44), including the $100 fee.
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`

`

`Application/Control Number: 13/775,754
`Art Unit: OPET
`
`Page 2
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`Additionally, the ADS filed May 24, 2015 is improper. Specifically, the filing date, patent
`numberandissue date of each prior-filed application listed is wrong. Also, the continuity type
`and prior application numberof 10/027,391 is missing, and as stated above,the fling date listed
`for Application No. 10/027,391 is wrong.
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`In view of the above, the present petition cannot be grantedat this time.
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`If reconsideration of this decision is desired, a renewed petition under 37 CFR § 1.78(e) and an
`ADS(complying with the provisions of 37 CFR 1.76(b)(5) and 37 CFR 1.76(c)) to correct the
`above matter is required.
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`Further correspondence with respect to this matter should be delivered through one of the
`following mediums:
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`By mail:
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`By hand:
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`Mail Stop PETITIONS
`Commissionerfor Patents
`Post Office Box 1450
`Alexandria, VA 22313-1450
`
`Customer Service Window
`Mail Stop Petitions
`Randolph Building
`401 DulanyStreet
`Alexandria, VA 22314
`
`By fax:
`
`(571) 273-8300
`ATIN: Office of Petitions
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`Byinternet:
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`EFS-Web'
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`Any questions concerning this matter may be directed to undersigned at (571) 272-3226.
`
`|budrea Smith
`
`Andrea Smith
`Lead Paralegal Specialist
`Office of Petitions
`
`
`
`www.uspte.poviebc/efs help.ttml (for help using EFS-Webcall the Patent Electronic Business Center at (866) 217-9197)
`
`