www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`18/094,884
`
`01/09/2023
`
`Roger Ignon
`
`EDGE.005C 10
`
`9223
`
`Knobbe, Martens, Olson & Bear, LLP
`2040 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`KNAUSS, CHRISTIAN D
`
`3771
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`04/22/2024
`
`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):
`
`Atty.AdminCoordinator @knobbe.com
`efiling @ knobbe.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. 11,865,287
`Issue Date: 9 Jan 2024
`Application No. 18/094,884
`Filing or 371(c) Date: 9 Jan 2023
`Attorney Docket No. EDGE.005C10
`
`:
`
`:
`
`DECISION ON PETITION
`
`This is a decision on the renewedpetition under 37 CFR 1.78(e), filed April 8, 2024, to accept an
`unintentionally delayed claim under 35 U.S.C. 120 for the benefit of priority to the prior-filed
`nonprovisional applicationslisted in the application data sheet (ADS), filed March 12, 2024. In
`addition, this decision addresses the petition under 37 CFR 1.182, filed April 8, 2024, to expedite
`consideration of the aforementioned delayed benefit petition."
`
`The petition under 37 CFR 1.182 is GRANTED. Thepetition under 37 CFR 1.78 (e), filed April
`8, 2024, is being taken up for consideration on an expedited basis.
`
`The petition under 37 CFR 1.78(e) is GRANTED.
`
`The present application matured into U.S. Patent No. 11,865,287 on January 9, 2024.
`
`Undercertain conditions as specified below, a Certificate of Correction can be usedto correct:
`
`(A)_the failure to make reference to a prior application; or
`(B)
`an incorrect reference to a prior application.
`
`The following conditions must be satisfied:
`
`(A)
`
`all requirements set forth in 37 CFR 1.78(a)(1) must have been metin the
`application which becamethe patent to be corrected;
`(B)—it must be clear from the record of the patent and the parent application(s) that
`priority is appropriate (see MPEP § 21 let seq.); and
`a grantable petition to accept an unintentionally delayed claim for the benefit of a
`prior application mustbe filed.
`
`(C)
`
`1 The Office acknowledgesreceipt of the required $420 petition fee.
`
`

`

`Application No. 18/094,884
`
`Page 2
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`If all the above-stated conditions are satisfied, a Certificate of Correction can be used to amend
`the patent to make referenceto a prior application, or to correct an incorrect reference to a prior
`application.
`
`A petition for acceptance of a claim for late priority under 37 CFR 1.78(e) is only applicable to
`those applications in which a proper benefit claim is filed 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 mustbe filed in an ADS, 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 1.78(d)(3) and the date the claim wasfiled was
`unintentional. The Director may require additional where there is a
`question whetherthe delay was unintentional.
`
`On March 12, 2024, petitioner filed a corrected ADS in compliance with 37 CFR 1.76(c) listing
`a properreference, the $2100 petition fee, and an acceptable draft an acceptable 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. On April 8, 2024, petitioner filed a certificate of correction
`correcting (63) Related U.S. Application Data on the front page of the Letters Patent and a $160
`certificate of correction fee. As petitioner states in the March 12, 2024 petition, the Reference to
`Related Applications in column | of the patent recites the proper benefit information.
`
`Asthe petitions of record satisfy the requirements to add or correct a reference to the prior-filed
`nonprovisional applications in a patent via a certificate of correction, the Office accepts the
`benefit claim under 35 U.S.C. 120 as unintentionally delayed. Therefore, it is appropriate for
`petitioner to add the claim under 35 U.S.C. 120 for benefit of the prior-filed nonprovisional
`applications via certificate of correction.
`
`A replacementfiling receipt, which includes the claim for benefit of the prior-filed
`nonprovisional applications will be mailed separately.
`
`Petitioner is advised that this decision grants the petition to accept the unintentionally delayed
`domestic benefit claim to the prior filed applications because the petition requirements of 37
`CFR 1.78 and the formal requirements for claiming domestic benefit (see MPEP 211.01 et. seq.)
`have been met. This acceptance should not be construed as meaningthat any claim in this patent
`is entitled to the benefit of the prior-filed applications. See MPEP 211.05 for more information
`regarding entitlement to domestic benefit.
`
`This application is being referred to the Certificates of Correction Branch for processing the
`request for a certificate of correction, in accordance with this decision.
`
`

`

`Application No. 18/094,884
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`Page 3
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`Anyinquiries concerning this decision may be directed to the undersigned at (571) 272-3230.
`
`/SHIRENE W BRANTLEY/
`Attorney Advisor, OPET
`
`