Elm Exhibit 2116
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
`
`

`
`2!18f2016
`
`waive the surcharge in 37 CFR 1.2B(h), must mail the payment and request
`to: Director of the United States Patent and Trademark Office, Attn:
`Maintenance Fee, 2651 Jamieson Avenue, Suite 368, Alexandria, VA 22314; or
`via Facsimile to:
`571-273-6560.
`
`The inclusion
`The request must be accompanied by a copy of this notice.
`of a copy of this notice with the payment of the maintenance fee during the
`grace period will be treated as a representation that the late payment of
`the fee was due to the effects of the severe earthquakes in May 2012, and
`as a request for sua sponte waiver of the surcharge under 37 CFR 1.26(h).
`This waiver may only be appropriately requested where the original window
`of time to pay the maintenance fee without the surcharge required by 37 CFR
`1.26(h) expired on or after May 29, 2912, and the delay in paying the fee
`was due to the effects of the severe earthquakes in May 2612.
`
`The USPTO advises patentees who need to file a petition to accept a
`delayed maintenance fee payment due to the effects of the earthquakes in
`May 2612, where the maintenance fee payment was required to have been paid
`
`Top of Notices
`
`OFFICE
`
`(49) December US PATENT AND TRADEMARK 1421 CNOG 85
`
`after May 23, 2012, to promptly file a petition under 37 CFR 1.373(c)
`(using USPTO form PTO/SB/66 - Petition to Accept unintentionally Delayed
`Payment of Maintenance Fee in an Expired Patent
`(37 CFR 1.37S(c))
`accompanied by the applicable maintenance fee payment (but not the
`surcharge under 37 CFR 1.2@(i)) and a copy of this notice.
`The inclusion
`of a copy of this notice will be treated as a representation that the delay
`in payment of the maintenance fee was due to the effects of the severe
`earthquakes in May 2912, and as a request for sua sponte waiver of the
`surcharge under 37 CFR 1.2e(i). The petition must be filed by May 29,
`2613,
`in order to be entitled to a waiver of the surcharge under 37 CFR
`1.2e(i).
`
`Patentees are reminded that a petition to accept a delayed maintenance
`fee payment under 37 CFR 1.378(c) must be filed within twenty-four months
`from the expiration date of the patent.
`See 35 U.S.C. 41(c).
`A petition
`to accept a delayed maintenance fee payment under 37 CFR 1.378(c) due to
`the effects of the severe earthquakes may be submitted via EFS-web or by
`mail directed to Mail Stop Petition, Commissioner for Patents, P.0. Box
`1456, Alexandria, VA 22313-1450.
`A petition to accept a delayed
`maintenance fee payment filed later than twenty-four months after the
`expiration date of the patent must be filed under 37 CFR 1.378(b) and
`include a showing that the delay in payment was unavoidable.
`The USPTO
`will not waive the surcharge in 37 CFR 1.29(i) for accepting a delayed
`maintenance fee payment when the patentee files the maintenance fee payment
`with a petition to accept a delayed maintenance fee under 37 CFR 1.378(b).
`
`For applicants who filed a nonprovisional application on or after May
`29, 2012, and prior to June 36, 2612, without an executed oath or
`declaration or payment of the basic filing fee, search fee, and/or
`examination fee due to the severe earthquakes in May 2012,
`the USPTO will
`waive the surcharge set forth in 37 CFR 1.16(f) for the late filing of the
`oath or declaration or basic filing fee, search fee, and/or examination
`fee. Patent applicants seeking waiver of the surcharge must
`include a copy
`of this notice, along with the executed oath or declaration or the basic
`filing fee, search fee, or examination fee.
`The inclusion of a copy of
`this notice will be treated as a representation that the late filing of the
`oath or declaration or the basic filing fee, search fee, or examination
`
`ZF4
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`Elm Exhibit 2116, Page 2
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`

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`2.'18l2015
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`fee was due to the effects of the severe earthquakes in May 2612, and as a
`request for sua sponte waiver of the surcharge under 37 CFR 1.16(f).
`The
`reply to the Notice to File Missing Parts requiring the oath or declaration
`or the filing fees may be submitted via EFS-web or by mail directed to Mail
`Stop Missing Parts, Commissioner for Patents, P.0. Box 1456, Alexandria, VA
`22313-1456.
`
`Patent-related inquiries concerning this notice may be directed to the
`Office of Patent Legal Administration at (571) 272-7764 ((571) 272-7763 for
`reexamination), or by e-mail to PatentPractice@uspto.gov.
`
`For trademark applications and registrations with a correspondence or
`owner address in areas of Northern Italy affected by the severe earthquakes
`in May 2612,
`in which an Office action (final, non-final, or other), a
`notice of allowance, or other Office notice requiring a response
`(hereinafter collectively referred to as “Office communication“) is
`outstanding,
`the USPTO will, upon request, withdraw the Office
`communication and reissue it.
`The request must be made prior to the
`deadline for responding to the Office communication, and indicate that the
`need for the reissuance of the Office communication is due to the effects
`of the severe earthquakes in May 2612.
`The request should be sent via
`e-mail to TMFeedback@uspto.gov, or by mail to Commissioner for Trademarks,
`P.0. Box 1451, Alexandria, VA 22313-1451.
`If necessary, changes of
`correspondence address should be provided.
`
`For trademark applications and registrations with a correspondence or
`owner address in areas of Northern Italy affected by the earthquakes as of
`May 29, 2612,
`that were abandoned or cancelled due to inability to timely
`respond to a trademark-related Office communication due to the effects of
`;.s-
`
`‘Tgp Qf Notices
`9, 2015
`
`(49) December US PATENT AND TRADEMARK
`OFFICE
`
`1421 CNOG 36
`
`the USPTO will waive the petition fee
`the severe earthquakes in May 2612,
`(set by regulation, rather than statute) to revive the abandoned
`application or cancelled registration. Either a petition by regular mail
`to the address set forth in the preceding paragraph, or the Trademark
`Electronic Application System (TEAS) "Request for Reinstatement" form
`should be used, and must include a verified statement that the failure to
`respond to the Office communication was due to the effects of the
`earthquakes.
`
`Trademark—related inquiries concerning this notice may be directed to
`the Trademark Office of Petitions by telephone at
`(571) 272-8956, by
`facsimile at
`(571) 273-8956, or by e-mail at TMFeedback@uspto.gov.
`
`The USPTO cannot grant waivers or extensions of dates or requirements
`set by statute.
`For example,
`the following patent—related time periods
`cannot be extended by the Director:
`(1) the period set forth in 35 U.S.C.
`119(3)-(d) to file a nonprovisional patent application claiming the benefit
`of a prior-filed foreign application;
`(2) the twelve-month time period set
`forth in 35 U.S.C. 119(9) during which a nonprovisional application
`claiming the benefit of a prior filed provisional application must be filed
`in order to obtain benefit of the provisional application's filing date;
`(3) the copendency requirement of 35 U.S.C. 126 between a parent
`application which issues as a patent and a later filed child application,
`which requires that the child application be filed prior to issuance of
`the parent application;
`(4) the three-month time period to pay the issue
`fee set forth in 35 U.S.C. 151;
`(5) the 35 U.S.C. 304 two—month time period
`
`3:"-4
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`Elm Exhibit 2116, Page 3
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`

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`2."18.'201B
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`in an ex parte
`from the date of patentee service, for a requester to file,
`reexamination, a reply to a statement filed by the patentee; and (6) the 35
`U.S.C. 314(b)(2) thirty-day time period from the date of service, for a
`requester to file,
`in an inter partes reexamination, written comments
`addressing issues raised by an Office action or the patentee‘s response to
`the action.
`The following statutory trademark-related time periods cannot
`be extended and statutory fees cannot be waived by the Director:
`(1) the
`36-month period set forth in 15 U.S.C. 1051(d) within which a statement of
`use must be filed and the associated fee(s);
`(2) the periods set forth in
`15 U.S.C. 1658, 1141(k) for filing affidavits of continued use or excusable
`nonuse and the associated fee(s);
`(3) the period set forth in 15 U.S.C.
`1059 for filing a renewal and the associated fee(s); and (4) the periods
`set forth in 15 U.S.C. 1663 and 1664 for filing an opposition or
`cancellation proceeding at the Trademark Trial and Appeal Board.
`
`July 30, 2812
`
`DAVID J. KAPPOS
`Under Secretary of Commerce for Intellectual Property and
`Director of the United States Patent and Trademark Office
`
`[1331 0G 213]
`
`‘U4
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`Elm Exhibit 2116, Page 4