Elm Exhibit 2117
`Samsung, Micron, SK hynix v. Elm
`IPR2016-00387
`
`

`
`2I13/2015
`
`waive the surcharge in 37 CFR 1.2e(h), must mail the payment and request to:
`Director of the United States Patent and Trademark Office, Attn: Maintenance
`Fee, 2951 Jamieson Avenue, Suite 368, Alexandria, VA 22314; or via Facsimile
`to: 571-273-6509.
`
`The request must be accompanied by a copy of this notice. The inclusion
`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 flooding in October and
`November 2911, and as a request for sua sponte waiver of the surcharge under
`37 CFR 1.29(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 1.2e(h) expired on or after November 12, 2011, and the
`delay in paying the fee was due to the effects of the severe flooding in
`October and November 2611.
`
`The USPTO advises patentees who need to file a petition to accept a
`delayed maintenance fee payment due to the effects of the flooding in
`
`Top ofNotices
`9, 2015
`
`(48) December US PATENT AND TRADEMARK
`OFFICE
`
`142] CNOG 82
`
`October and November 2611, where the maintenance fee payment was required to
`have been paid after November 11, 2811,
`to promptly file a petition under 37
`CFR 1.378(c)
`(using USPTO form PTO/SB/66 - Petition to Accept Unintentionally
`Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c))
`accompanied by the applicable maintenance fee payment (but not the surcharge
`under 37 CFR 1.2B(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 flooding in October
`and November 2611, and as a request for sua sponte waiver of the surcharge
`under 37 CFR 1.2e(i). The petition must be filed by November 12, 2612,
`in
`order to be entitled to a waiver of the surcharge under 37 CFR 1.26(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 flooding may be submitted via EFS-web or by mail
`directed to Mail Stop Petition, Commissioner for Patents, P.0. Box 1450,
`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 1.2e(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 November
`12, 2611, and prior to December 13, 2611, without an executed oath or
`declaration or payment of the basic filing fee, search fee, and/or
`examination fee due to the severe flooding in October and November 2611,
`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
`
`the
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`Elm Exhibit 2117, Page 2
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`

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`Z18/2016
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`fee was due to the effects of the severe flooding in October and November
`2611, 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 Thailand affected by the severe flooding in October
`and November 2611,
`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 flooding in October and
`November 2611. 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 Thailand affected by the flooding as of November
`12, 2611,
`that were abandoned or cancelled due to inability to timely respond
`to a trademark—related Office communication due to the effects of the severe
`
`"
`
`' I99 ofNotic§§ (43) December US PATENT AND TRADEMARK
`OFFICE
`
`1421 CNOG 83
`
`flooding in October and November 2611, the USPTO will waive the petition fee
`(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 flooding.
`
`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(a)-(d) to
`file a nonprovisional patent application claiming the benefit of a prior-
`filed foreign application;
`(2) the twe1ve~month time period set forth in
`35 U.S.C. 119(e) 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;
`(S) the 3S U.S.C. 364 two—month time period from the date of patentee
`service, for a requester to file,
`in an ex parte reexamination,
`a reply to a
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`3M
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`Elm Exhibit 2117, Page 3
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`2H8EUfi
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`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. 1e51(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. 1959 for filing a renewal and
`the associated fee(s); and (4) the periods set forth in 15 U.S.C. 1363 and
`1664 for filing an opposition or cancellation proceeding at the Trademark
`Trial and Appeal Board.
`
`January 25, 2612
`
`DAVID J. KAPPOS
`
`Under Secretary of Commerce for Intellectual Property and
`Director of the United States Patent and Trademark Office
`
`[1375 06 133]
`
`4M
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`Elm Exhibit 2117, Page 4