Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 1 of 14
`
`Dec. 22, 2015 Power Outage
`Updates
`
`Monday, December 28, 2015, 6:30 PM
`All USPTO online systems have been restored as of December 28 following the major power outage at
`USPTO headquarters that occurred December 22. The incident damaged equipment that shutdown our IT
`systems. Our examiners are back at work and customers can once again search, file, and/or make
`payments.
`
`Even with systems online, there is much work to be done to repair and stabilize power supply and
`hardware. This work, being conducted by USPTO employees, contractors, and third party service
`providers, continues around the clock. Therefore, in order to keep systems protected and prevent
`damage, it is possible that some or all systems may need to be taken offline again.
`
`Systems may come and go without notice, but we will do our best to provide a timely list of systems that
`may lose operating status here:
`
`• Global Dossier
`• Private PAIR
`• Public PAIR
`
`If you are having a problem using one of our systems, please contact the appropriate help center
`(/about-us/contact-us) related to your subject or system you are using. Similarly, if you made an
`electronic submission to the USPTO since about 5 p.m. December 22 and are unsure if it was received,
`please check to see if you received a receipt or an onscreen confirmation for your entire submission, or
`look for the entire submission in the appropriate system. If you received a receipt or other confirmation,
`then we have it. If you did not receive a receipt or see other confirmation, the relevant help center
`(/about-us/contact-us) is available to assist.
`
`We understand how critical these systems are for our customers, and our teams will continue to diligently
`work to maintain stable service. Based upon the results and the stability of our operations, we will keep
`deadline flexibility in mind and will closely monitor operations and evaluate whether any additional
`“holiday notices” similar to the one issued last week covering December 22 to 24 are needed.
`
`Further status updates will be issued on this page (www.uspto.gov/blog/ebiz (/blog/ebiz)) as they
`become available, as well as on Facebook (www.facebook.com/uspto.gov
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 2 of 14
`
`(http://www.facebook.com/uspto.gov)) and Twitter (www.twitter.com/uspto)
`(http://www.twitter.com/uspto)) accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`---------------------------------------------------------
`
`Statement by USPTO Acting Chief Communications Officer Patrick Ross (/about-us/news-
`updates/statement-uspto-acting-chief-communications-officer-patrick-ross)
`
` --------------------------------------------------------
`
`Monday, December 28, 2015, 2:00 PM
`All USPTO online systems have been restored as of December 28 following the major power outage at
`USPTO headquarters that occurred December 22. The incident damaged equipment that shutdown our IT
`systems. Our examiners are back at work and customers can once again search, file, and/or make
`payments.
`
`Even with systems online, there is much work to be done to repair and stabilize power supply and
`hardware. This work, being conducted by USPTO employees, contractors, and third party service
`providers, continues around the clock. Therefore, in order to keep systems protected and prevent
`damage, it is possible that some or all systems may need to be taken offline again.
`
`Systems may come and go without notice, but we will do our best to provide a timely list of systems that
`may lose operating status here:
`
`----------------------------------------------------
`
`• Global Dossier
`• Public PAIR
`• Private PAIR
`
`----------------------------------------------------
`
`If you are having a problem using one of our systems, please contact the appropriate help center
`(/about-us/contact-us) related to your subject or system you are using.
`
`We understand how critical these systems are for our customers, and our teams will continue to diligently
`work to maintain stable service. Based upon the results and the stability of our operations, we will keep
`deadline flexibility in mind and will closely monitor operations and evaluate whether any additional
`“holiday notices” similar to the one issued last week covering December 22 to 24 are needed.
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 2
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 3 of 14
`
`Further status updates will be issued on this page (www.uspto.gov/blog/ebiz/ (/blog/ebiz/)) as they
`become available, as well as on our Facebook (www.facebook.com/uspto.gov
`(http://www.facebook.com/uspto.gov)) and Twitter (www.twitter.com/uspto
`(http://www.twitter.com/uspto)) accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`---------------------------------------------------------
`
`Statement by USPTO Acting Chief Communications Officer Patrick Ross (/about-us/news-
`updates/statement-uspto-acting-chief-communications-officer-patrick-ross)
`
`---------------------------------------------------------
`
`In light of this emergency situation, the USPTO will consider each day from Tuesday, December 22, 2015,
`through Thursday, December 24, 2015 to be a “Federal holiday within the District of Columbia”
`
`Shutdown of Certain Electronic Systems of the United States Patent and
`Trademark Office from Tuesday, December 22, 2015 through Thursday,
`December 24, 2015
`On December 22, 2015, at approximately 7:00 pm, the United States Patent and Trademark Office
`(USPTO) experienced a major power outage at its headquarters in Alexandria, Virginia, resulting in
`damaged equipment that required the subsequent shutdown of many USPTO online and information
`technology systems. The USPTO is currently estimating that these systems will be impacted through at
`least the Federal holiday on Friday, December 25, 2015. In light of this emergency situation, the USPTO
`will consider each day from Tuesday, December 22, 2015, through Thursday, December 24, 2015, to be a
`“Federal holiday within the District of Columbia” under 35 U.S.C. § 21 and 37 C.F.R. §§ 1.6, 1.7, 1.9, 2.2(d),
`2.195, and 2.196. Any action or fee due on these days will be considered as timely for the purposes of,
`e.g., 15 U.S.C. §§ 1051(b), 1058, 1059, 1062(b), 1063, 1064, and 1126(d), or 35 U.S.C. §§ 119, 120, 133, and
`151, if the action is taken, or the fee paid, on the next succeeding business day on which the USPTO is
`open (37 C.F.R. §§ 1.7(a) and 2.196). A subsequent notice is anticipated to be issued as needed if the
`USPTO’s systems are not fully operational by Monday, December 28, 2015.
`
`37 C.F.R. §§ 1.6(a)(2), 2.195(a)(4), and 2.198 provide that certain correspondence deposited in the Priority
`Mail Express® service of the United States Postal Service (USPS) in accordance with 37 C.F.R. §§ 1.10 or
`2.198 will be considered filed on the date of deposit (as shown by the “date accepted” on the mailing
`label) with the USPS. Thus, any paper or fee properly deposited in the Priority Mail Express® service of
`the USPS on Tuesday, December 22, 2015, Wednesday, December 23, 2015, or Thursday, December 24,
`2015, in accordance with 37 C.F.R. §§ 1.10 or 2.198, will be considered filed on its respective date of
`deposit in the Priority Mail Express® service of the USPS (as shown by a “date accepted” on the mailing
`label).
`
`37 C.F.R. §§ 1.6(a)(4) and 2.195(a)(2) provide that patent- and trademark-related correspondence
`transmitted electronically to the USPTO will be considered filed in the USPTO on the date the USPTO
`received the electronic transmission. Thus, any patent- or trademark-related correspondence transmitted
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 3
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 4 of 14
`
`electronically to the USPTO on Tuesday, December 22, 2015, Wednesday, December 23, 2015, or
`Thursday, December 24, 2015, will be considered filed in the USPTO on the date the USPTO received the
`electronic transmission. Patent correspondence successfully received by the USPTO through the
`Electronic Filing System (EFS-Web) and filed in compliance with the EFS-Web Legal Framework will
`receive the date indicated on the Acknowledgement Receipt. See the Manual of Patent Examining
`Procedure (MPEP) § 502.05 and the USPTO website at
`www.uspto.gov/patents/process/file/efs/guidance/New_legal_framework.jsp (/patents-application-
`process/applying-online/legal-framework-efs-web-06april11). Trademark filings properly filed through
`TEAS, TEASi, and ESTTA will receive the date indicated in the e-mail confirmation sent at the time of a
`successful filing.
`
`Sunday, December 27, 2015, 6:47 PM
` (/blog/ebiz/entry/uspto_power_outage_update)
`A major power outage at USPTO headquarters occurred Tuesday, December 22, resulting in damaged
`equipment that shutdown our IT systems. This includes our filing, searching and payment systems used
`by customers and examiners across the country.
`
`Since the incident occurred, teams including USPTO employees, contractors, and third party service
`providers have been working around the clock to diligently repair damaged equipment and restore
`power. Systems are slowly being returned to service today with a goal of bringing all systems online and
`operational Monday morning, December 28.
`
`Due to the extent of the damage to the systems that provide power to the USPTO’s data center, we know
`that work will continue for the next several days. Therefore, in order to keep systems protected and
`prevent damage, it is possible that some or all systems may need to be taken offline again.
`
`We understand how critical these systems are for our customers, and our teams will continue to work
`around the clock to fully restore them as quickly as possible. Based upon the results and the stability of
`our operations, we will keep deadline flexibility in mind and will closely monitor operations and evaluate
`whether any additional “holiday notices” similar to the one issued last week covering December 22 to 24
`are needed.
`
`Further status updates will be issued on this page (www.uspto.gov/blog/ebiz/ (/blog/ebiz/)) as they
`become available, as well as on our Facebook (www.facebook.com/uspto.gov
`(http://www.facebook.com/uspto.gov)) and Twitter (www.twitter.com/uspto
`(http://www.twitter.com/uspto)) accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`---------------------------------------------------------
`
`Statement by USPTO Acting Chief Communications Officer Patrick Ross (/about-us/news-
`updates/statement-uspto-acting-chief-communications-officer-patrick-ross)
`
`---------------------------------------------------------
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 4
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 5 of 14
`
`In light of this emergency situation, the USPTO will consider each day from Tuesday, December 22, 2015,
`through Thursday, December 24, 2015 to be a “Federal holiday within the District of Columbia” in
`accordance with the description and regulations in this official notice posted below:
`
`Shutdown of Certain Electronic Systems of the United States Patent and Trademark Office from
`Tuesday, December 22, 2015 through Thursday, December 24, 2015
`
`On December 22, 2015, at approximately 7:00 pm, the United States Patent and Trademark Office
`(USPTO) experienced a major power outage at its headquarters in Alexandria, Virginia, resulting in
`damaged equipment that required the subsequent shutdown of many USPTO online and information
`technology systems. The USPTO is currently estimating that these systems will be impacted through at
`least the Federal holiday on Friday, December 25, 2015. In light of this emergency situation, the USPTO
`will consider each day from Tuesday, December 22, 2015, through Thursday, December 24, 2015, to be a
`“Federal holiday within the District of Columbia” under 35 U.S.C. § 21 and 37 C.F.R. §§ 1.6, 1.7, 1.9, 2.2(d),
`2.195, and 2.196. Any action or fee due on these days will be considered as timely for the purposes of,
`e.g., 15 U.S.C. §§ 1051(b), 1058, 1059, 1062(b), 1063, 1064, and 1126(d), or 35 U.S.C. §§ 119, 120, 133, and
`151, if the action is taken, or the fee paid, on the next succeeding business day on which the USPTO is
`open (37 C.F.R. §§ 1.7(a) and 2.196). A subsequent notice is anticipated to be issued as needed if the
`USPTO’s systems are not fully operational by Monday, December 28, 2015.
`
`37 C.F.R. §§ 1.6(a)(2), 2.195(a)(4), and 2.198 provide that certain correspondence deposited in the Priority
`Mail Express® service of the United States Postal Service (USPS) in accordance with 37 C.F.R. §§ 1.10 or
`2.198 will be considered filed on the date of deposit (as shown by the “date accepted” on the mailing
`label) with the USPS. Thus, any paper or fee properly deposited in the Priority Mail Express® service of
`the USPS on Tuesday, December 22, 2015, Wednesday, December 23, 2015, or Thursday, December 24,
`2015, in accordance with 37 C.F.R. §§ 1.10 or 2.198, will be considered filed on its respective date of
`deposit in the Priority Mail Express® service of the USPS (as shown by a “date accepted” on the mailing
`label).
`
`37 C.F.R. §§ 1.6(a)(4) and 2.195(a)(2) provide that patent- and trademark-related correspondence
`transmitted electronically to the USPTO will be considered filed in the USPTO on the date the USPTO
`received the electronic transmission. Thus, any patent- or trademark-related correspondence transmitted
`electronically to the USPTO on Tuesday, December 22, 2015, Wednesday, December 23, 2015, or
`Thursday, December 24, 2015, will be considered filed in the USPTO on the date the USPTO received the
`electronic transmission. Patent correspondence successfully received by the USPTO through the
`Electronic Filing System (EFS-Web) and filed in compliance with the EFS-Web Legal Framework will
`receive the date indicated on the Acknowledgement Receipt. See the Manual of Patent Examining
`Procedure (MPEP) § 502.05 and the USPTO website at
`www.uspto.gov/patents/process/file/efs/guidance/New_legal_framework.jsp (/patents-application-
`process/applying-online/legal-framework-efs-web-06april11). Trademark filings properly filed through
`TEAS, TEASi, and ESTTA will receive the date indicated in the e-mail confirmation sent at the time of a
`successful filing.
`
`Public and Private PAIR
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 5
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 6 of 14
`
`Public and Private Patent Application Information Retrieval (PAIR) are also impacted.
`
`If you have any questions, please contact the Patents Electronic Business Center (PEBC) by telephone at
`1-866-217-9197 or by email at ebc@uspto.gov (mailto:ebc@uspto.gov). PEBC hours of operation
`Monday through Friday, from 6 a.m. to midnight.
`
`Wednesday, December 23, 2015, 4:15 PM (/blog/ebiz/entry/power_outage_update)
`A major power outage at USPTO headquarters occurred last night resulting in damaged equipment that
`required the subsequent shutdown of many of our online and IT systems. This includes our filing,
`searching, and payment systems, as well as the systems our examiners across the country use. We are
`working diligently to assess the operational impact on all our systems and to determine how soon they
`can be safely brought back into service in the coming days. We understand how critical these systems are
`for our customers, and our teams will continue to work around the clock to restore them as quickly as
`possible, though the impacts may be felt through the Christmas holiday. We know many people have
`questions regarding filing and payment deadlines. We are reviewing this topic and will provide an update
`when we have further information.
`
`Status updates will be issued on this page as they become available, as well as on our Facebook
`(www.facebook.com/uspto.gov (http://www.facebook.com/uspto.gov)) and Twitter
`(www.twitter.com/uspto (http://www.twitter.com/uspto%22))accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`Trademarks
`
`TEAS and TEASi are currently not available. If your submission is time sensitive or If you have a filing due
`today and the document cannot be filed via TEAS, you must use an alternative method of filing
`(/trademarks-application-process/filing-online/filing-documents-during-outage) to ensure that the
`document is timely received by the USPTO.
`
`Patents
`
`Applicants may file new patent applications, new international design applications, and documents and
`fees for national stage entry under 35 U.S.C. 371 via Priority Mail Express® from the United States Postal
`Service (USPS) in accordance with 37 CFR 1.10. Applicants may file other documents or fee payments by:
`
`1. first class mail with a certificate of mailing in accordance with 37 CFR 1.8 or
`2. Priority Mail Express® from the USPS in accordance with 37 CFR 1.10
`
`Please note that filing of a new application under 35 USC 111(a), except reissue, design or plant
`applications, via Priority Mail Express® requires payment of the non-electronic filing fee (37 CFR 1.16(t))
`in addition to the other required fees. The non-electronic filing fee is $400 ($200 for small and micro
`entities). Also please note that an international design application filed in paper may be subject to
`additional WIPO publication fees (see http://www.wipo.int/hague/en/fees/sched.htm
`(http://www.wipo.int/hague/en/fees/sched.htm)).
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 6
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 7 of 14
`
`New patent applications, new international design applications, copies of the international (PCT)
`application and basic national fee necessary to enter the national stage under 35 U.S.C. 371, and
`documents that are required to establish the filing date of an application (e.g., a missing drawing figure
`or page of the specification) cannot be submitted by facsimile transmission, and certificate of mailing
`procedures under 37 CFR 1.8 do not apply to these documents. Patent correspondence, including new
`patent applications, new international design applications, and documents or fee payments, cannot be
`submitted via e-mail. Please contact the USPTO Inventor’s Assistance Center during business hours (Mon-
`Fri, 8:30 AM – 5:00 PM ET) at 1-800-786-9199 if you have any questions regarding alternative filing
`methods. Information regarding filing by first class mail with a certificate of mailing or by “Priority Mail
`Express” can also be found in the Manual of Patent Examining Procedure (MPEP), Sections 512 and 513,
`available on the USPTO Web site at: http://www.uspto.gov/web/offices/pac/mpep/index.html
`(/web/offices/pac/mpep/index.html).
`
`Payment Processing
`
`The USPTO system outage has affected the ability for customers to process Patent Maintenance Fee
`payments and submit Deposit Account replenishments online via the Finance Online Shopping Page.
`Available alternatives include the following:
`
`• Patent Maintenance Fees - Pay by wire or mail as instructed at www.uspto.gov/patents-
`maintaining-patent/maintain-your-patent (/patents-maintaining-patent/maintain-your-patent). The
`payment date will be the date received at the USPTO unless you are using the certificate of mailing
`procedure set forth in 37 CFR 1.8 or the USPTO Priority Mail Express procedure set forth in 37 CFR
`1.10.
`• Deposit Account Replenishment - Replenish by wire or mail as instructed at
`www.uspto.gov/learning-and-resources/fees-and-payment/deposit-accounts/d... (/learning-and-
`resources/fees-and-payment/deposit-accounts/deposit-account-replenishment-options). Note that
`replenishments will be processed as of the date received, but deposit account balances will not reflect
`these replenishments until USPTO systems are restored.
`
`Public and Private PAIR
`
`Public and Private Patent Application Information Retrieval (PAIR) are also impacted.
`
`If you have any questions, please contact the Patents Electronic Business Center (PEBC) by telephone at
`1-866-217-9197 or by email at ebc@uspto.gov (mailto:ebc@uspto.gov). PEBC hours of operation
`Monday through Friday, from 6 a.m. to midnight.
`
`Wednesday, December 23, 2015, 1:29 PM
`A major power outage at USPTO headquarters occurred last night resulting in damaged equipment that
`required the subsequent shutdown of many of our online and IT systems. This includes our filing,
`searching, and payment systems, as well as the systems our examiners across the country use. We are
`working diligently to assess the operational impact on all our systems and to determine how soon they
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 7
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 8 of 14
`
`can be safely brought back into service in the coming days. We understand how critical these systems are
`for our customers, and our teams will continue to work around the clock to restore them as quickly as
`possible, though the impacts may be felt through the Christmas holiday. We know many people have
`questions regarding filing and payment deadlines. We are reviewing this topic and will provide an update
`when we have further information.
`
`Status updates will be issued on this page as they become available, as well as on our Facebook
`(www.facebook.com/uspto.gov (http://www.facebook.com/uspto.gov)) and Twitter
`(www.twitter.com/uspto (http://www.twitter.com/uspto%22))accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`Trademarks
`
`TEAS and TEASi are currently not available. If your submission is time sensitive or If you have a filing due
`today and the document cannot be filed via TEAS, you must use an alternative method of filing
`(/trademarks-application-process/filing-online/filing-documents-during-outage) to ensure that the
`document is timely received by the USPTO.
`
`Patents
`
`Applicants may file new patent applications, new international design applications, and documents and
`fees for national stage entry under 35 U.S.C. 371 via Priority Mail Express® from the United States Postal
`Service (USPS) in accordance with 37 CFR 1.10. Applicants may file other documents or fee payments by:
`
`1. first class mail with a certificate of mailing in accordance with 37 CFR 1.8 or
`2. Priority Mail Express® from the USPS in accordance with 37 CFR 1.10
`
`Please note that filing of a new application under 35 USC 111(a), except reissue, design or plant
`applications, via Priority Mail Express® requires payment of the non-electronic filing fee (37 CFR 1.16(t))
`in addition to the other required fees. The non-electronic filing fee is $400 ($200 for small and micro
`entities). Also please note that an international design application filed in paper may be subject to
`additional WIPO publication fees (see http://www.wipo.int/hague/en/fees/sched.htm
`(http://www.wipo.int/hague/en/fees/sched.htm)).
`
`New patent applications, new international design applications, copies of the international (PCT)
`application and basic national fee necessary to enter the national stage under 35 U.S.C. 371, and
`documents that are required to establish the filing date of an application (e.g., a missing drawing figure
`or page of the specification) cannot be submitted by facsimile transmission, and certificate of mailing
`procedures under 37 CFR 1.8 do not apply to these documents. Patent correspondence, including new
`patent applications, new international design applications, and documents or fee payments, cannot be
`submitted via e-mail. Please contact the USPTO Inventor’s Assistance Center during business hours (Mon-
`Fri, 8:30 AM – 5:00 PM ET) at 1-800-786-9199 if you have any questions regarding alternative filing
`methods. Information regarding filing by first class mail with a certificate of mailing or by “Priority Mail
`Express” can also be found in the Manual of Patent Examining Procedure (MPEP), Sections 512 and 513,
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 8
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 9 of 14
`
`available on the USPTO Web site at: http://www.uspto.gov/web/offices/pac/mpep/index.html
`(/web/offices/pac/mpep/index.html).
`
`Payment Processing
`
`The USPTO system outage has affected the ability for customers to process Patent Maintenance Fee
`payments and submit Deposit Account replenishments online via the Finance Online Shopping Page.
`Available alternatives include the following:
`
`• Patent Maintenance Fees - Pay by wire or mail as instructed at www.uspto.gov/patents-
`maintaining-patent/maintain-your-patent (/patents-maintaining-patent/maintain-your-patent). The
`payment date will be the date received at the USPTO unless you are using the certificate of mailing
`procedure set forth in 37 CFR 1.8 or the USPTO Priority Mail Express procedure set forth in 37 CFR
`1.10.
`• Deposit Account Replenishment - Replenish by wire or mail as instructed at
`www.uspto.gov/learning-and-resources/fees-and-payment/deposit-accounts/d... (/learning-and-
`resources/fees-and-payment/deposit-accounts/deposit-account-replenishment-options). Note that
`replenishments will be processed as of the date received, but deposit account balances will not reflect
`these replenishments until USPTO systems are restored.
`
`Public and Private PAIR
`
`Public and Private Patent Application Information Retrieval (PAIR) are also impacted.
`
`If you have any questions, please contact the Patents Electronic Business Center (PEBC) by telephone at
`1-866-217-9197 or by email at ebc@uspto.gov (mailto:ebc@uspto.gov). PEBC hours of operation
`Monday through Friday, from 6 a.m. to midnight.
`
`Wednesday, December 23, 2015, 12:46 PM (/blog/ebiz/entry/power_outage6)
`A major power outage at USPTO headquarters occurred last night resulting in damaged equipment that
`required the subsequent shutdown of many of our online and IT systems. This includes our filing,
`searching, and payment systems, as well as the systems our examiners across the country use. We are
`working diligently to assess the operational impact on all our systems and to determine how soon they
`can be safely brought back into service. Status updates will be issued on this page as they become
`available, as well as on our Facebook (www.facebook.com/uspto.gov
`(http://www.facebook.com/uspto.gov)) and Twitter (www.twitter.com/uspto
`(http://www.twitter.com/uspto%22))accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`Trademarks
`
`TEAS and TEASi are currently not available. If your submission is time sensitive or If you have a filing due
`today and the document cannot be filed via TEAS, you must use an alternative method of filing
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 9
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 10 of 14
`
`(/trademarks-application-process/filing-online/filing-documents-during-outage) to ensure that the
`document is timely received by the USPTO.
`
`Patents
`
`Applicants may file new patent applications, new international design applications, and documents and
`fees for national stage entry under 35 U.S.C. 371 via Priority Mail Express® from the United States Postal
`Service (USPS) in accordance with 37 CFR 1.10. Applicants may file other documents or fee payments by:
`
`1. first class mail with a certificate of mailing in accordance with 37 CFR 1.8 or
`2. Priority Mail Express® from the USPS in accordance with 37 CFR 1.10
`
`Please note that filing of a new application under 35 USC 111(a), except reissue, design or plant
`applications, via Priority Mail Express® requires payment of the non-electronic filing fee (37 CFR 1.16(t))
`in addition to the other required fees. The non-electronic filing fee is $400 ($200 for small and micro
`entities). Also please note that an international design application filed in paper may be subject to
`additional WIPO publication fees (see http://www.wipo.int/hague/en/fees/sched.htm
`(http://www.wipo.int/hague/en/fees/sched.htm)).
`
`New patent applications, new international design applications, copies of the international (PCT)
`application and basic national fee necessary to enter the national stage under 35 U.S.C. 371, and
`documents that are required to establish the filing date of an application (e.g., a missing drawing figure
`or page of the specification) cannot be submitted by facsimile transmission, and certificate of mailing
`procedures under 37 CFR 1.8 do not apply to these documents. Patent correspondence, including new
`patent applications, new international design applications, and documents or fee payments, cannot be
`submitted via e-mail. Please contact the USPTO Inventor’s Assistance Center during business hours (Mon-
`Fri, 8:30 AM – 5:00 PM ET) at 1-800-786-9199 if you have any questions regarding alternative filing
`methods. Information regarding filing by first class mail with a certificate of mailing or by “Priority Mail
`Express” can also be found in the Manual of Patent Examining Procedure (MPEP), Sections 512 and 513,
`available on the USPTO Web site at: http://www.uspto.gov/web/offices/pac/mpep/index.html
`(/web/offices/pac/mpep/index.html).
`
`Payment Processing
`
`The USPTO system outage has affected the ability for customers to process Patent Maintenance Fee
`payments and submit Deposit Account replenishments online via the Finance Online Shopping Page.
`Available alternatives include the following:
`
`• Patent Maintenance Fees - Pay by wire, fax, or mail as instructed at www.uspto.gov/patents-
`maintaining-patent/maintain-your-patent (/patents-maintaining-patent/maintain-your-patent). The
`payment date will be the date received at the USPTO unless you are using the certificate of mailing
`procedure set forth in 37 CFR 1.8 or the USPTO Priority Mail Express procedure set forth in 37 CFR
`1.10.
`• Deposit Account Replenishment - Replenish by wire or mail as instructed at
`www.uspto.gov/learning-and-resources/fees-and-payment/deposit-accounts/d... (/learning-and-
`
`http://www.uspto.gov/about-us/news-updates/dec-22-2015-power-outage-upd...
`
`2/4/2016
`
`Elm Exhibit 2101, Page 10
`
`

`
`Dec. 22, 2015 Power Outage Updates | USPTO
`
`Page 11 of 14
`
`resources/fees-and-payment/deposit-accounts/deposit-account-replenishment-options). Note that
`replenishments will be processed as of the date received, but deposit account balances will not reflect
`these replenishments until USPTO systems are restored.
`
`Public and Private PAIR
`
`Public and Private Patent Application Information Retrieval (PAIR) are also impacted.
`
`If you have any questions, please contact the Patents Electronic Business Center (PEBC) by telephone at
`1-866-217-9197 or by email at ebc@uspto.gov (mailto:ebc@uspto.gov). PEBC hours of operation
`Monday through Friday, from 6 a.m. to midnight.
`
`Wednesday, December 23, 2015, 11:24 AM (/blog/ebiz/entry/power_outage5)
`A major power outage at USPTO headquarters occurred last night resulting in damaged equipment that
`required the subsequent shutdown of many of our online and IT systems. This includes our filing,
`searching, and payment systems, as well as the systems our examiners across the country use. We are
`working diligently to assess the operational impact on all our systems and to determine how soon they
`can be safely brought back into service. Status updates will be issued on this page as they become
`available, as well as on our Facebook (www.facebook.com/uspto.gov
`(http://www.facebook.com/uspto.gov)) and Twitter (www.twitter.com/uspto
`(http://www.twitter.com/uspto%22))accounts.
`
`Thank you for your patience as we work to restore full service as soon as possible.
`
`Trademarks
`
`TEAS and TEASi are currently not available. If your submission is time sensitive or If you have a filing due
`today and the document cannot be filed via TEAS, you must use an alternative method of filing
`(/trademarks-application-process/filing-online/filing-documents-during-outage) to ensure that the
`document is timely received by the USPTO.
`
`Patents
`
`Patent applicants may file new patent applications and documents and fees for national stage entry
`under 35 U.S.C. 37