Docket No.: EDGE.005C10
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`Page | of 4
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`PETITION FOR ACCEPTANCEOF AN UNINTENTIONALLY DELAYED
`CORRECTION OF A BENEFIT CLAIM UNDER37 C.E.R.§1.78(e)
`
`
`
`First Inventor: Roger Ignon
`Conf. No.: 9223
`
`Appl. No.: 18/094,884
`Filed: January 9, 2023
`
`
`
`Patent No.: 11,865,287
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`Issue Date: January 9, 2024
`
`Title: DEVICES AND METHODS FOR TREATING SKIN
`
`Mail Stop Petition
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Commissioner:
`
`Summary of Request
`
`HydraFacial LLC (‘Patent Owner’), as the owner of U.S. Patent No. 11,865,287 (the
`“Present Patent’), hereby respectfully requests that the United States Patent and Trademark
`Office (“USPTO”) grant the present Petition for Acceptance of an Unintentionally Delayed
`Correction of a Benefit Claim under 37 C.F.R. §1.78(e). The requested correction is set forth on
`the Corrected Application Data Sheet filed herewith. Patent Owner requests the USPTO to issue
`a Certificate of Correction and a Corrected Filing Receipt in accordance with this Petition.
`
`Petition under 37 C.F.R. §1.78(e)
`
`Patent Ownerhereby petitions for the acceptance of an unintentionally delayed correction
`to the benefit claim under 37 C.F.R. §1.78(e).
`In support of this request, Patent Owner provides
`the following:
`
`(1) The reference required by 35 U.S.C. $120 and 37 C.F.R. $1.78(d)(2) to the
`prior-filed applications, through the Corrected ADSfiled herewith, including all required
`markings;
`
`(2) The petition fee as set forth in 37 C.F.R. §1.17(m); and
`
`(3) The statement below that the entire delay between the date the benefit claim
`was due under 37 C.F.R. §1.78(d)(3) and the date the benefit claim was filed was
`unintentional.
`
`

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`Appl. No.:
`Patent No.:
`
`18/094,884
`11,865,287
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`Page 2 of 4
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`STATEMENT OF UNINTENTIONAL DELAY:
`
`The entire delay between the date the benefit claim was due under 37 CFR §1.78(d)(3)
`and the submission of the present Petition and accompanying Corrected Application Data Sheet
`was unintentional.
`
`The original Application Data Sheet (‘ADS’) filed on January 9, 2023 included all
`proper predecessor applications in the priority chain; the original ADS, however, also included
`inadvertent reference to three additional non-provisional applications that were never intended to
`be and do not belong in the priority claim for the Present Patent: U.S. Patent Application Nos.
`15/660777, 14/698713, and 14/698673.
`
`It was an unintentional clerical error in the original ADS to list U.S. Patent Application
`No. 16/517268 as a continuation of U.S. Patent Application No. 15/660777, and to list U.S.
`Patent Application No. 15/660777 as a continuation of U.S. Patent Application No. 15/660750.
`Rather, as reflected in the Corrected ADS submitted herewith, U.S. Patent Application No.
`16/517268 is a continuation of U.S. Patent Application No. 15/660750.
`
`Likewise, it was an unintentional clerical error in the original ADSto list U.S. Patent
`Application No. 14/700789 as a continuation of U.S. Patent Application No. 14/698713, and to
`list U.S. Patent Application No. 14/698713 as a continuation of U.S. Patent Application No.
`14/698673.
`Rather, as reflected in the Corrected ADS submitted herewith, U.S. Patent
`Application No. 14/700789 is a continuation of U.S. Patent Application No. 13/267554.
`
`The unintentional inclusion of priority claims to U.S. Patent Application No. 15/660777,
`14/698713 and 14/698673 in the original ADS was only recently discovered and was the
`motivation for the prompt filing of this Petition and accompanying documents. Patent Owner
`submits that none of the three applications inadvertently listed in the original ADS wasincluded
`in the priority claim of any of the priority applications to which the Present Patent properly
`claims priority,
`including the immediate parent of the Present Patent,
`i.c., U.S. Patent
`Application No. 17/165820. Notably, the inadvertent and unintentional inclusion of the three
`non-provisional applications in the original ADS of the Present Patent does not impact the
`earliest asserted provisional and non-provisional priority dates of the Present Patent.
`
`Further, Paragraph [0001] the Specification of the Present Patent, as originally filed,
`provides the accurate priority data and does not include the three non-provisional applications
`inadvertently listed in the original ADS that accompanied the submission of the Specification
`and other application documents filed on January 9, 2023. This priority listing, as shown in
`Column | of the Present Patent, is reproduced below for convenience.
`
`

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`Appl. No.:
`Patent No.:
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`18/094,884
`11,865,287
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`Page 3 of 4
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`by reference herein.
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`REFERENCE TO RELATED APPLICATIONS
`
`‘This is a continnation of U.S. patent application Ser. No.
`L7/165.820 filed Feb. 2, 202], which is a continuation of
`US. patent application Ser. Ne. 16/597,268 filed Jul. 19,
`2019 and issued as U.S. Pat. No. 11,446,477 on Sep. 20,
`2022, which is a continuation of US. patent application Ser.
`No. 15/660,750 filed dul. 26, 2017 and issued as ULS. Pat.
`No. 10,357,641 on Jul. 23, 2019, whichis 4 continuation of
`US, patent application Ser. No. 14/700,789 Med Apr, 30,
`2015 and issued as U.S. Pat. No, 9.814.868 on Nov. 14,
`2017, which is a continuation af US. patent appheation Ser.
`No. 13/267,554 filed Oct. 6, 201] and issued as LES. Pat. No.
`9.474.886 on Oct. 25, 2016, which is a continuation of US.
`patent application Ser. No. 11/392,.348 filed Mar, 29, 2006
`and issued as US. Pat. Na. 8.048.089 on Nov.
`f. 2011,
`which claims the benefit of ULS. Provisional Application No.
`60/755,310 filed Dec. 30, 2005 and LS. Provisional Appli-
`cation Na. G0/764,668 filed Feb. 2, 2006. The entireties ofall
`of the aforementioned applications are hereby incorporated
`
`In view of the foregoing, Patent Owner submits that, based on the documents originally
`filed with the USPTO for the Present Patent, it is clear that the requested correction of the
`inadvertent and unintentional priority benefit claim as requested is appropriate.
`
`Based on the investigation conducted by the undersigned counsel for Patent Owner, the
`issue regarding the benefit claim on the original ADS and the Filing Receipt went unnoticed
`during prosecution of, and was unintentionally claimed within,
`the Present Patent.
`The
`corresponding issue with benefit claim on the front page of the Present Patent went unnoticed
`upon issuance. Neither of these issues with the benefit claims were noticed by Patent Owner nor
`responsible counsel until shortly before the filing of this Petition.
`
`For at least the reasons presented above, Patent Owner submits that correction of the
`benefit claim is proper and requests granting of the present Petition and the issuance of
`corresponding Corrected Filing Receipt and Certificate of Correction.
`
`

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`Appl. No.:
`Patent No.:
`
`18/094,884
`11,865,287
`
`Page 4 of 4
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`Patent Owner is submitting the petition fee as set forth in §1.17(m) with this request.
`
`Please charge any additional fees, including any fees for additional extension of time, or credit
`
`overpayment to Deposit Account No. 11-1410.
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`Dated: March 12, 2024
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`59221474
`
`By:/Theodore G. Papagiannis/
`Theodore G. Papagiannis
`Registration No. 61,546
`Attorney of Record
`Customer No. 20995
`(949) 760-0404
`
`