`
`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.
`
`CONFIRMATIONNO.
`
`13/775,754
`
`02/25/2013
`
`C. Earl Woolfork
`
`1028.7
`
`1030
`
`MEGAN LYMAN
`
`1816 SILVER MIST CT.
`RALEIGH, NC 27613
`
`Pe
`
`FLANDERS, ANDREW C
`
`ART UNIT
`
`2656
`
`PAPER NUMBER
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`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/25/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`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
`: UNDER 37 CFR 1.78(e)
`:
`
`This is a decision on the petition, filed August 3, 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 August 3,
`2016, by way of a Certificate of Correction.
`
`Since the application issued into a patent on March 8, 2016, a petition 37 CFR § 1.78(e) and a Certificate
`of Correction andfee is the appropriate avenueof relief to accept a late claim for the benefit of priority to
`a prior-filed nonprovisional application. See MPEP 1481.
`
`Thepetition is granted.
`
`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)
`
`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 statementthat the entire delay between the date the claim was due under 37 CFR 8
`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.
`
`37 CFR § 1.78(e) requires a statementthat 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. Since the statement appearing in the
`petition varies from the required language, the statement is being construed as the statement required by
`37 CFR §$1.78(d)(). If this is not a correct reading of the statement appearing in the petition, petitioner
`should promptly notify the Office.
`
`All the above requirements having beensatisfied, the late claim for benefit of priority under 35 U.S.C.
`§ 120 is accepted as being unintentionally delayed.
`
`

`

`Application/Control Number: 13/775,754
`Art Unit: OPET
`
`Page 2
`
`Petitioneris advised that this decision grants the petition to accept the unintentionally delayed domestic
`benefit claim to the prior
`filed application(s) because the petition requirements of 37 CFR 1.78(e) and
`the formal requirements for claiming domestic benefit (see MPEP 211.01 et. seq.) have been met. This
`
`
`
`it becomes necessary to do so (e.g.,
`determined during examination if
`interference proceeding). See MPEP 211.05.
`
`intervening reference and
`
`A corrected Filing Receipt, which includes the priority claim to the prior-filed application, accompanies
`this decision on petition.
`
`This application is being forwarded to the Certificates of Correction Branch for processing the request for
`a Certificate of Correction in accordance with this decision.
`
`Any questions concerning this matter may be directed to the undersigned at (571) 272-3226. All other
`inquiries concerning the processing of the Certificate of Correction should be directed to (571) 272-4200.
`
`|Andrea Emith
`Andrea Smith
`Lead Paralegal Specialist
`Office of Petitions
`
`ATTACHMENT: Corrected Filing Receipt
`
`