IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`1st Named Inventor
`
`Michael Tasler
`
`Examiner
`
`Kim, Harold J.
`
`Serial No.
`
`Filing Date
`
`Docket No.
`
`Title
`
`11/078,778
`
`March 11, 2005
`
`9576/96910
`
`Group Art Unit
`
`Confirmation No.
`
`2181
`
`8978
`
`Status
`
`Expressly Abandoned
`
`ANALOG DATA GENERATING AND PROCESSING DEVICE FOR USE
`WITH A PERSONAL COMPUTER
`
`Mail Stop "Office of Petitions"
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PETITION FOR EXPEDITED REVIEW UNDER 37 CFR 1.182
`
`Papst Licensing GmbH & Co. KG ("Papst" or "Applicant") petitions the Director under
`
`37 § C.F.R. 1.182 for expedited review of the accompanying petition under 37 C.F.R. § 1.55 and
`
`37 C.F.R. § 1.78 for a delayed priority claim. Applicant requests expedited review due to
`
`currently pending litigation and prosecution of patents related to U.S. Application No.
`
`11/078,778. Early notification of the granting of this petition is respectfully requested.
`
`11/078,778
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`1
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`ZTE (USA) 1006, Page 1
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`

`
`CONCLUSION
`
`Based on the reasons set forth above, Applicant respectfully requests that the Director
`
`grant this petition.
`
`The Director is hereby authorized to charge any fees which may be required regarding
`
`this filing, or credit any overpayment, to Deposit Account No. 19-0513. Should no proper
`
`payment be enclosed herewith, as by a check or credit card payment form being in the wrong
`
`amount, unsigned, post-dated, otherwise improper or informal or entirely missing, the Director is
`
`authorized to charge the unpaid amount to Deposit Account No, 19-0513.
`
`Date: November 10, 2016
`
`/Jason A Murphy/
`Jason A Murphy
`Registration No. 63,423
`Customer No. 69995
`Schmeiser, Olsen & Watts
`22 Century Hill Drive, St. 302
`Latham, New York 12110
`Tel. (518) 220-1850
`Fax: (518) 220-1857
`
`11/078,778
`
`2
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`ZTE (USA) 1006, Page 2
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`

`
`IN THE UNITED STATES PATENT AND TRADElVL\RK O:FPICE
`
`1st Named Inventor
`
`lVIichael Tasler
`
`Examiner
`
`Kim, Harold J.
`
`Serial No.
`
`Filing Date
`
`Docket No.
`
`Ti tie
`
`11/078,778
`
`March 11, 2005
`
`9576/96910
`
`Group Art Unit
`
`Confirmation No_
`
`2181
`
`8978
`
`: ANAI,OG DATA GENERATING AND PROCESSING DEVICE FOR USE
`'VITH A PERSONAL COMPUTER
`
`Mail Stop "Office of Petitions"
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PETITION UNDER 37 C.F'.R. § 1.55 and§ 1.78 F'OR DELAYED CLAIM OP PRIORITY
`
`Papst Licensing GmbH & Co. KG ("Papst" or "Applicant"), petitions the Director under
`
`37 C.F.R. § 1.55 and § L78 for a delayed claim of priority. The above-referenced US
`
`Application No. 11/078,778 ('"778 Application") is entitled to domestic priority to U.S.
`
`Application No. 10/219,105, filed August 15, 2002, which is a divisional application of U.S.
`
`Application No. 09/331,002, filed June 14, 1999, and is also entitled to foreign priority to PCT
`
`Application No. PCT/EP98/0l 187, filed March 3, 1998, \Vhich claims priority to Gem1an
`
`Application No. DE 19708755.8, filed March 4, 1997.
`
`It has recently come w Applica.nt's
`
`attention that the filing documents accompanying the '778 Application mistakenly omit a
`
`specific reforence to U.S. Application No. 09/331,002, the National Stage of PCT Application
`
`No. PCT/EP98/0l 187; this omission is a result of an administrative error. Applicant intended to
`
`claim priority to each prior-filed U.S. Application and foreign application in the fibng documents
`
`accompanying the '778 Application, which is evidenced by the record. As such, a delay in
`
`expressly claiming such priority to U.S. Application No. 09/331,002 has resulted, which
`
`Applicant seeks to correct by this Petition_ Applicant further contends that the entire delay
`
`between the date the benefit dairn was due and the date the benefit claim \Vas filed was
`
`unintentional.
`
`For the reasons set fo1th in this Petition, Applicant contends that the Patent Office should
`
`GRANT this Petition under 37 C.F.R. § 1.55 and §1.78.
`
`11/078,778
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`ZTE (USA) 1006, Page 3
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`

`
`STA TEl\'IENT OF FACTS
`
`1.
`
`On March 4, 1997, Applicant filed German Patent Application No. 19708755.8.
`
`Within twelve months of filing German Patent Application No. 19708755.8,
`2.
`Applicant filed PCT Application No_ PCT/EP98/01187 on March 3, 1998, claiming priority to
`German Patent Application No. 19708755.8.
`
`Applicant timely entered the U.S. National Stage by filing U.S. Application No.
`3.
`09/331,002 on June 14, 1999, no\v U.S. Patent No. 6,470,399. This National Stage entry
`application properly clairned priority to PCT Application No. PCT/EP98/01187 and Gemmn
`Patent A.pplication No_ 19708755_8_ 1
`
`While U.S. Apphcafa:m No. 09/331,002 '\Vas co-pending, Applicant filed a
`4.
`divisional application, U.S. Application No. 10/219, l05, on August 15, 2002, now U.S. Patent
`No. 6,895,449. U.S. Application 10/219,105 properly claimed domestic priority to U_S_
`Application No. 09/331,002, and foreign priority to PCT/EP98/01187 and German Patent
`Apphcafa:m No. 19708755.8. 2
`
`The '778 application, which is the subject of this Petition, \Vas timely filed as a
`5.
`continuation application of US Application No. 10/219,105 on f...farch 11, 2005. 3 The
`Transmittal Fom1 accompanying the '778 A.pplication shows that the box marked "Continuation"
`is selected, and lists U.S. Application No_ 10/219,105 as the prior-filed application. 4
`
`The Oath and Declaration filed with the '778 Application lists the foreign priority
`6.
`information, specifically listing PCT Application No. PCT/EP98/01187 and German Patent
`Application No. 19708755.8.5
`
`A Bibliographic Data Sheet for the '778 Application issued by the Patent Office
`7.
`on June 20, 2006 lists the continuing data (U.S. Application No. 10/219,105) and the foreign
`applications (German Patent Application No. 19708755.8 and PCT Application No.
`PCT/EP98/01l87)."
`
`1 U.S. Patent No. 6,470,399, cover page, (86), (30).
`2 U.S. Patent No. 6,895,449, cover page, (62), (30).
`3 U.S. Application No. 111078, 778, Utility Patent Application Transmittal Form, provided as Appendix A.
`4 See Appendix A.
`5 U.S. Appiication No. I i/078,778, Oath and Declaration, provided as Appendix B.
`6 See '778 A.ppiication, Bibliographic Data Sheet, provided as Appendix C.
`
`11/078, 778
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`2
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`ZTE (USA) 1006, Page 4
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`

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`On the same Bibliographic Data Sheet for the '778 Application, the Examiner
`8.
`verified and acknovdedged by signature that foreign priority was claimed, and that 35 U.S.C. §
`119 (a-d) conditions \Vere met 7
`
`The '778 Application published on July 21, 2005 as U.S. Patent Application
`9.
`Pubbcat]on No. 2005/0160 l 99, with accurate foreign application priority data listed on the cover
`page. 8
`
`On July 28, 2006, the Patent Ofiice issued a Notice of Allowability for the '778
`l 0.
`Application. 9 In the Notice of Allowability, the Examiner acknowledged "all" of the claims for
`foreign priority_ to In particular, the Examiner indicated that the "'Certified copies of the priority
`documents have been received in App!ication No. 09/331,002". 11
`
`Several continuation applications were filed after U.S. Application No.
`11.
`111078,778 that claim domestic priority to U.S. Application 09/331,002 filed on June 14, 1999,
`and foreign priority to PCT/EP98/01187 filed on March 3, 1998 and German A.pplication No.
`19708755.8 filed on lVIarch 4, 1997 (U.S. Application No. 111467,073, now U.S. Patent No.
`8,966,144,t 2 U.S. Application No. 11/467,092, no'\.v U.S. Patent No. 9,189,437,u U.S.
`App!ication No. 11/928,283, published as US2008/0209088, 14 and U.S. App!ication No.
`12/891,443, now U.S. Patent No. 8,504,746 15
`
`).
`
`On August 24, 2016, Applicant vvas made mvare of an administrative error that
`12.
`mistakenly omits a specific reference to U.S. Appbcat]on No. 09/331,002 in the filing documents
`accompanying the '778 Application, prompting the Applicant to file this Petition.
`
`7 See Appendix C.
`8 U.S. Patent Application Publication No. 2005/0160199, cover page.
`9 See '778 Application, Notice of Allowability, provided as Appendix D.
`10 Id.
`il Id.
`12 U.S. Patent No. 8,966,144, Col. 1, lines 8---13.
`13 U.S. Patent No. 9,189,437, Col. 1, lines 8---13.
`4 U.S. Patent Appiication Pubiication No. 2008/0209088, '11 [0001].
`i
`;s U.S. Patent No. 8,504,746, Col. l, tines 8---16.
`
`11/078, 778
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`ZTE (USA) 1006, Page 5
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`

`
`REGULA. TIONS
`
`37 CER. §' 1.55 Claim For Foreign Priori(v
`
`(a) Jn general. An applicant in a m:mprovisional application may claim priority to one or
`more prior foreign applications under the conditions specified in 35 U.S.C. 119(a)
`thrnugh (d) and (f), 172, 365(a) and (h), and 386(a) and (b) and this section.
`
`( e) Delayed priority clairn. Unless such claim ]s accepted ]n accordance with the provisions
`of this paragraph, any claim fix priority under 35 U.S.C. l 19(a) through (d) or (t), 365(a)
`or (b), or 386(a) or (b) not presented in the manner required by paragraph (d) or (111) of
`this section during pendency and within the time period provided by paragraph ( d) of th]s
`section (if applicable) is considered to have been waived. lf a claim for priority is
`considered to have been waived under this section, the claim may be accepted if the
`priority claim Vv'as unintentionaHy delayed. A petition to accept a delayed claim for
`priority under 35 U.S.C 119(a) through (d) or (f), 365(a) or (b), or 386(a) or (b) must
`be accompanied by:
`
`(l) The priori(v claim under 35 U.S.C. l 19(a) through (d) or (j), 365(a) or (b), or
`386(a) or (b) in an application data sheet(§ L 76(b)(6) ), identif.ving the foreign
`application to which priority is claimed, by specifying the application number,
`country (or intellectual property authoritJ~, day, month, and year of its filing,
`unless previous(v submitted;
`
`(2) A cert~fied copy (~f the foreign applirntion, unless previously submitted or an
`exception in paragraph (h), (i.), or (j) of this section applies;
`
`(3) The petition fee as set forth in§ J.17(m); and
`
`(4) A statement that the entire delay between the date the priority claim was due
`under this section and the date the priority claim was filed was unintentional.
`The Director may require additional information ·where there is a question
`whether the delay was unintentional.
`
`11/078, 778
`
`4
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`ZTE (USA) 1006, Page 6
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`

`
`37 C.F.R. § 1. 78 Claiming Benefit Of Earlier Filing Date and Cross-References to Other
`Applications
`
`(d)(2) Except for a continued prosecution application filed under § 1.5 3( d), any
`nonprovisional application, ]nternat]onal application designating the United States, or
`international design application designating the United States that claims the benefit of
`one or more prior-filed nonprovisional applications,
`international applications
`designating the United States, or internafa:ma! design applications designating the United
`States must contain or be amended to contain a reforence to each such prior-filed
`appbcat]on, identifying it by appbcat]on number (consisting of the series code and serial
`nurnber), international application nurnber and internationa! fiting date, or international
`registration number and filing date under § 1.1023. If the later-filed application is a
`nonprovisional appbcat]on, the reforence required by this paragraph must be included in
`an application data sheet (§ 1.76(b )(5)} The reforence also must identify the relationship
`of the applications, namely, whether the later-filed application is a continuation,
`divisional, or continuation-in-part of the prior-fited nonprovisional appLication,
`international application, or international design application.
`
`(e) Delayed claims under 35 US.C. 120, 121, 365(c), or 386(c)for the benefit ofa prior(cid:173)
`filed nonprovisional application,
`international application, or international design
`application. If the reforence required by 35 U.S.C. 120 and parngraph (d)(2) of this
`section is presented after the time period provided by paragraph (d)(3) of this section, the
`claim under 35 U.S.C. 120 , 121 , 365(c) , or 386(c) for the benefit of a prior-filed
`copending nonprovisional application, international application designating the United
`States, or international design application designating the United States may be accepted
`if the reference required by paragraph (d)(2) of this section ·was unintentionally delayed.
`A petition to accept an unintentionally delayed claim under 35 U.S.C. 120, 121, 365(c).
`or 3l16(c) for the benefit of a prior-filed application must be accompanied by:
`
`(1) Ille reference required by 35 ES.C 120 and paragraph (d)(2) of this section
`to the prior-filed application, unless previous(v submitted;
`
`(2) The petition fee as set forth in§ 1.17(m); and
`
`(3) A statement that the entire delay between the date the benefit claim H'as due
`under paragraph (d)(3) of this section and the date the benefit clain1 was
`filed was unintentional. The Director may require additional il~lomwtion
`where there is a question whether the delay was unintentional.
`
`11/078, 778
`
`5
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`ZTE (USA) 1006, Page 7
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`

`
`DISCUSSION
`
`I. Tiffi DEL<\Y IN CLAil\UNG PRIORITY \VAS UNINTENTIONAI,
`
`A. brief review of the record makes dear that Applicant intended to claim domestic
`priority to U.S. Application No. 09/331,002, through U.S. Application No. 10/219,105, and
`foreign priority back to Gennan Patent Application No. 19708755.8 through PCT Application
`No. PCT/EP98/01187. For instance, the Transmittal Forrn accompanying the '778 Application
`indeed lists U.S. Application No. 10/219,!05 as the prior-filed application, 16 and the Oath and
`Declaration lists both PCT Application No. PCT/EP98/01187 and German Patent Application
`No. 19708755.8. 17 The Patent Office even confinns that foreign priority was claimed in the
`'778 Application. 18 Related applications filed previous and subsequent to the '778 Application
`also claimed domestic priority to U.S. Application No. 09/331,002, as well as foreign priority
`back to March 4, 1997. Considering the above facts, it was reasonable for Applicant to believe
`that the priority chain of the '778 Application was properly claimed, as intended since the time
`of filing the '778 Application.
`
`Very recently, on August 24, 2016, Applicant was made mvare that the filing documents
`accompanying the '778 Application mistakenly omit a specific reference w previously-filed U.S.
`Application No. 09/331,002, despite specifically referring to U.S. Application No. 10/219,105
`and each foreign priority document This omission is simply an administrative error that has
`gone unnoticed for over eleven years.
`
`Hmvever, Applicant hereby submits this Petition for a delayed clairn of priority to U.S.
`Appbcat]on No. 09/331,002 and foreign priority therefrom. The delay for this claim ]s
`unintentional, for at least the reasons provided herein: 1) the convincing evidence that Applicant
`ahvays intended to claim priority to U.S. Application No. 09/331,002 and foreign priority
`therefrom, 2) acknmvledgernent by the Patent Office that the '778 Application "\.Vas entitled to
`priority back to March 4, 1997, 3) recent discovery of an administrative error, and 4) the S\vift
`nature \Vith which Applicant petitions the Patent Office upon learning of the error.
`
`16 See Appendix A.
`i? See Appendix B.
`is See Appendix C.
`
`11/078, 778
`
`6
`
`ZTE (USA) 1006, Page 8
`
`

`
`The following information further evidences that the entire delay was unintentional, and
`that the Patent Office should GRi\NT this Petition.
`
`A.
`
`APPUCANT INTENDED TO CLAlM PRIORITY BACK TO THE
`EARLIEST EF'FECHVE F'ILING DATE
`
`Applicant has always made known to the Patent Office that it intended to take advantage
`of the earliest effective filing date for patent applications concerning the subject matter disclosed
`in the '778 Application. Appbcant timely entered the U.S. National Stage by fibng U.S.
`Application No. 09/331,002 on June 14, 1999. That National Stage entry application properly
`claimed priority to PCT Application No. PCT/EP98/0l l87 and German Patent Application No.
`19708755.8. 19 Exhibiting the same desire to claim priority to the earliest effective filing date,
`Applicant filed a divisional application, U.S. Application No. 10/219, 105, which properly
`claimed domestic priority to U.S. Application No. 09/331,002, and foreign priority to PCT
`Application No. PCT/EP98/01187, which claims priority to Gennan Patent Application No.
`19708755.8.20 Thus, the tvvo related U.S. Non-Provisional Applications filed before the '778
`Appbcation expressly claimed priority to each prior-filed U.S. appbcation, as well as the foreign
`priority documents.
`
`\Vhen filing the '778 Application, Applicant intended to claim priority m the same
`manner as before and take advantage of the earliest effective filing date. Specifically, Applicant
`intended to claim priority as follmvs: continuation of U.S. Application No. 10/219,105, which is
`a divisional of US. Application No. 09/331,002, vvhich is the National Stage of, and claims the
`benefit of and priority to, PCT Application No. PCT/EP98/01187, which claims priority to
`German Patent Application No. 19708755.8. Applicant claimed the identical priority chain in
`those prior applications, and the Patent Office allowed Applicant to benefit from the earliest
`effective filing date. Moreover, the Oath and Declaration filed with the '778 Application lists
`the foreign priority infonnation, specifically listing PCT Application No. PCT/EP98/01187 and
`German Patent Application No. 19708755.8.21 Indeed, if Applicant had no intention of claiming
`priority through U.S. Application No. 09/331,002 back to the earliest effective date provided by
`the German priority docmnent, then these foreign priority documents would not have been
`
`19 U.S. Patent No. 6,470,399, cover page, (86), (30).
`20 U.S. Patent No. 6,895,449, cover page, (62), (30)
`21 Appendix R
`
`11/078,778
`
`7
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`ZTE (USA) 1006, Page 9
`
`

`
`present in the Oath and Declaration. But the foreign priority documents were listed in the Oath
`and Declaration, precisely to claim priority to the earliest effective date.
`
`Applicant continued the practice of claiming the earliest efiective priority date in several
`'778 Application. For example, several
`continuing applications filed subsequent to the
`continuation applications were filed that in fact claim domestic priority back to U.S. Application
`09/331,002 fited June 14, 1999, and foreig11 priority to PCT Application No. PCT/EP98/01187
`filed March 3, 1998 and German Application No. 19708755.8 filed on March 4, 1997. The
`following applications each claimed priority to U.S. Application No. 09/331,002 and beyond:
`U.S. Application No. 11/467,073,22 11/467,092,23 US Application No. 11/928,283,24 and U.S.
`App!ication No. 12/891,443. 25
`
`In vie'lv of the repeated practice of claiming priority to U.S. Application No. 09/331,002
`and foreign priority in related applications both previous and subsequent to the '778 Application,
`Apphcant contends that the '778 Application vvas intended to also claim priority in the sarne
`manner --- through U.S. Application 09/331,002. Further, no compelling or even satisfactory
`reason exists as to why Applicant 'lvould purposefully omit a specific reference to U.S.
`Application No. 09/331,002 vvhen every other application takes advantage of the earliest
`effective fiLing date by claiming priority through U.S. Application No. 09/331,002. The rnost
`logical explanation is that an administrative error occurred at the time of filing the '778
`Application, which went unnoticed until very recently. Applicant is thus taking swift action to
`claim priority to U.S. Application No. 09/331,002 and foreign priority therefrorn, the delay in
`which \Vas unintentionaL
`
`Accordingly, Applicant contends that the Patent Office should GRANT this Petition.
`
`B.
`
`THE PATENT OF.FICE AF'FORDED THE '778 APPLICATION POREIGN
`PRIORITY DURING EX.A.MINATION OF THE '778 APPLICATION
`
`In addition to Applicant believing that the priority chain vvas properly established at the
`
`time of filing, the Patent Office hke'lvise treated the '778 Application as effectively claiming
`
`22 U.S. Patent No. 8,966,144, Col. 1, lines 8---13.
`23 U.S. Patent No. 9,189,437, Col. l, lines 8---13.
`24 U.S. Patent Appiication Pubiication No. 2008/0209088, '11 [0001].
`25 U.S. Patent No. 8,504,746, Col. l, tines 8---16.
`
`11/078, 778
`
`8
`
`ZTE (USA) 1006, Page 10
`
`

`
`priority to at least March 4, 1997 v]a the PCT Application and the German priority document.
`
`For instance, the Patent Office issued a Bibliographic Data Sheet for the '778 Application on
`June 20, 2006, \Vhich lists the continuing data (U.S. Application No. 10/219,105) and the foreign
`applications (PCT Application No. PCT/EP98/0l 187 and German Patent Application No.
`19708755.8 ). 26 On the same Bibliographic Data Sheet for the '778 Apphcafa:m, the Examiner
`verified and acknowledged by signature that foreign priority was claimed, and that 35 U.S.C. §
`119 (a-d) conditions were met.27
`Further, in a Notice of Allowabiliry, the Patent Office indicated that "Certified copies of
`the priority documents have been received in Application No. 09/331,002"28 evidencing the
`Patent Office (and Applicant's) understanding that a complete priority chain back to the
`09/331,002 Application and the foreign applications had been properly established.
`Not only do these Patent Office documents evidence that the Patent Office treated the
`'778 Apphcation as having a proper priority chain, but, when viewed by Applicant, they Vv'Otdd
`have served as reinforcement that the priority chain was indeed filed correctly, and that no
`further or corrected claim for priority is required. Thus, any delay in filing this Petition was
`unintentional, given the Patent Office tTeatment of the '778 Application at and after the time of
`filing.
`
`A.ccordingly, Applicant contends that the Patent Ofiice should GRANT this Petition.
`
`ll
`
`THE SPECIFlC REQUIREMENTS()]<' 37 CF.R § 1.55 AND §1.78 ARE I\1:ET
`
`Applicant contends that the requirements of 37 C.F.R. § 1.55 and§ 1.78 are met with this
`
`Petition. Specifically, 3 7 C.F.R. § 1.55 requires, in pertinent part, "[a] petition to accept a delayed
`
`daim for priority ... must be accompanied by:
`
`(1) The priority claim .. .in an application data sheet(§ 1.76(b)(6)), identifying the
`foreign application to which priority is claimed, by specifying the application
`number, country (or intellectual property authority), day, month, and year of its
`filing, unless previously submitted;
`
`(2) A certified copy of the foreign application, unless previously._.;
`
`(3) The petition fee as set forth in § 1. l 7(rn); and
`
`26 See Appendix C.
`n Id.
`23 See Appendix D.
`
`11/078, 778
`
`9
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`ZTE (USA) 1006, Page 11
`
`

`
`(4) A statement that the entire delay bet'lveen the date the priority claim was due
`under this section and the date the priority clairn was filed \Vas unimentional. 29
`
`Applicant submits along with the Petition a priority clairn in a corrected application data sheet 30
`
`A preliminary amendment to amend the specification to include a reference to the priority chain
`in the specification is also provided herewith. 31 The certified copy of the foreign application
`
`(Gennan Patent Application No. 19708755.8) has already been subrnitted on the record as
`recognized by the Patent Office in the Notice of Aliffwabiiity. 32 The fee has been paid
`
`simultaneously with the submission of this Petition. Applicant contends that the entire delay
`
`bet\.veen the date the priority claim was due and the date that the priority dairn was filed vvas
`
`unintentional. As noted above, Applicant initially claimed priority over eleven years ago, but
`
`due to a very recent discovery of an administrative error at the time of filing the '778
`
`Application, Applicant swiftly files this Petition.
`
`Likewise, A.pplicant contends that the specific requirement of 37 C.F.R. § 1.78 are met
`
`by this Petition and the accompanying documentation. Specifically, 37 C.F.R § 1.78 requires,
`
`"[a] petition to accept an unintentionally delayed claim ... must he accornpanied by:
`
`(1) The reference required by 35 US.C. 120 and paragraph (d)(2) of this section to
`the prior-filed application, unless previously submitted;
`
`(2) The petition fee as set forth in§ l .l 7(m); and
`
`(3) A statement that the entire delay between the date the benefit daim vvas due
`under paragraph (d)(3) of this section and the date the benefit claim was filed
`was unintentional.33
`
`Applicant subrnits along \vith the Petition a reference to the prior-fited application, in a corrected
`application data sheet 34 The preliminary amendment submitted herewith further references the
`
`29 37 CF.R. § 1.55.
`30 See Appendix E.
`31 See Appendix F.
`32 See Appendix D.
`33 37 C.F.R. § l .78.
`34 See Appendix E.
`
`11/078, 778
`
`10
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`ZTE (USA) 1006, Page 12
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`

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`priority chain in the specification.-~ 5 The fee has been paid simultaneously with the submission of
`
`this Petition. Applicant contends that the entire delay between the date the priority claim was
`
`due and the date that the priority claim was filed \.Vas unintentional for at least the reasons
`
`provided above.
`
`Accordingly, Applicant contends that the Patent Office should GRANT this Petition.
`
`n L
`
`CONCLUSION
`
`Based on the reasons set forth above, Applicant respectfully requests that the Patent
`
`Office GRANT this petition under 37 C.F.R. § l.55and§1.78.
`
`The Patent Office is hereby authorized to charge any foes which may be required
`
`regarding this filing, or credit any overpayment, to Deposit Account No. 19-0513. Should no
`
`proper payment be enclosed herevv·ith, as by a check or credit card payn1ent form being in the
`
`wrong amount, unsigned, post-dated, othenvise improper or informal or entirely missing, the
`
`Commissioner is authorized to charge the unpaid amount to Deposit Account No, 19-0513.
`
`Date: November 10, 20 l 6
`
`!'.,1-~~QILA, .. !Yh.n1~hyL
`Jason A. Murphy
`Registration No. 63,423
`Customer No. 69995
`Schmeiser, Olsen & \Vatts
`22 Century Fl.ill Drive, St 302
`Latham, Ne'\v York 12110
`Tel. (518) 220-1850
`Fax: (518) 220-1857
`
`35 See Appendix F.
`
`11/078, 778
`
`11
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`ZTE (USA) 1006, Page 13
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`

`
`APPENDIX A
`AFFENEX A
`
`ZTE (USA) 1006, Page 14
`
`ZTE (USA) 1006, Page 14
`
`

`
`~ ~
`o~
`~~ ........ ~ c
`~----~ 3
`
`0
`'c,')
`Ul ~ ·
`
`-
`
`PTOISB/05 (03-03)
`Approved for "se through 07f311W06. OMB 0651-00:;2
`U.S. Paten: and Trademark Offica. U.S. DEPARTMENT OF COMMERCE
`...:1 •rider !he PaMiwori< Reduclion Ac: of 1995 no oersam; are required lo resnorn:l fo ~ l"".Oilectoon ot information unless •t disolavs a valid OMB control number.
`r·,,_..g::.:.::;:;:;.;..:.:;~~.:::;;::.~~~~~.;;;.;;;;;:...:.:.:.:~~"-=-.==-"""""""'!=-~""""'""""""'"""""'"~""¥""""""""'""""""""""""'""""""'"....,..""""'-.w;.;"""""""'"'~
`SCH00102D-C
`Attorney Docket No.
`UTILITY
`~------------------------------------------ -~-------------------~
`TASLER
`PATENT APPLICATION
`First Inventor
`TRANS MITT AL
`Flexible ln!erface
`'.:.- O:~
`Title
`i-----------1"------------------------~-·"'"
`c:-\ \"' -.. "'""'·
`EV541427914 US
`Express Meii Lebel No.
`
`{Only for new 1>onpro1m;ional "pplir:eliomt under 37 CFR 1. 53(1>)!
`
`APPLICATION ELEMENTS
`See MPEP chapter 600 concerning uWity patent application contents.
`
`ADDRESS TO:
`
`Man Stop Palen! App!h::ation
`CommhsG!onar fur Patents
`P.O. B<>x 1<15!J
`i>.lei.,.ndna \Ii>. 22313-143!!
`
`v
`
`i.G]
`2. [EJ
`3. [TI
`
`Fee Transmittal Form (e.g .. PTO/SB/17j
`(Submit'"' original and a duplicate for fee processing)
`Applicant claims small entity status.
`See 37 CFR 1.27.
`{Total Pages'--2_3 ___ _
`Specification
`(;;n~feaed Brrangement set forth below}
`- Desmpth;e title of !he i01ventio11
`- Cross Reference to F~e~ated App!;cations
`- Sialemem Regarding fed sponror<>d R & D
`- Referane<l! to seque~ce li;;ting, a !i>ble,
`or a computer program lisling appern:l!!l
`. Background of the invenfjon
`·· Blief Summani of !he !nvention
`- B!ief Desc:iptiCm of me Drawings (if flied)
`- Deta:led Oescnption
`-Claim(s)
`- Ab5lraci of the Disclosure
`4. !KJ DraV>~ng(s) (35 U.S.C. 1·13)
`[Total Sheels _2 ___ _
`{Totai Sheets_] ___________ J
`5. Oath or Declaration
`a. D Newly executed (01iginal or copy)
`b. EJ Copy from a prior appiication (37 CFR 1.63\d))
`{for continuation/divisional with Bo)( 18 completed}
`D
`
`Q!;:_b!;:J:lQ~_QEJ_t::!:t~1~ffQBi§l
`Signed sta!ement attached deleting 1;.ventm{s}
`name in tha prior applicaUon. see 37 CFR
`1.63(<l)(2) afld 1.33(!>).
`
`7. D CD--ROM or CD-R in duplicate, large table or
`Computer Program {Appendix)
`8. Nucleotide and!or Amino Acid Sequence Submission
`{if apeii£,able, all necessary)
`a. LJ Computer Readable Fo1m (CRF)
`
`b.
`
`CD-ROM or CD-R {2 copies); or
`
`15.D
`rn.D
`
`17. 00
`
`Specification Sequence Listing on:
`D
`ii. D
`Paper
`____________ 9_,_J_:_:_:] _____ §_~~!~"!l~!~~~-'!.~~!f:>'.i~g_!~~-r_i_!l_~.Qf_ above copies
`ACCOMPANYING APPLICATION PARTS
`----------------------------------------------------------------------------------------------------11
`9.D
`Assignment Papers (rover sheet & document(s))
`10. D
`3·1 CFR 3.73(b) Statement
`[3c-j Power of
`(when them is an assignee}
`----- Attorney
`11.D
`Engiish Translation Document (if E?J?licable)
`12. D
`LJ Copies of IDS
`information Disclosure
`Statement (IDS)/PT0--1449
`Citations
`13_ D
`Preliminary Amendment
`14. cg:]
`Return Receipt Posl<'.<ird (MPEP 503)
`\Should be specifically itemized)
`CerM\ed Copy of Prior\ty Document(si
`(if foreign p!iority is claimed)
`Nonpublicalion Request under 35 U.S.C. 122
`{b)(2)(B)(i). Applicant must attach form PTO!SB/35
`or its e~ivalent.
`Other: . .~rt.if!pa~.~- 9f. f.'imrF.~.s. m~tt. R.i;;.vpq;i~iqn .
`.. qU?.159.Uilnct G.n'!m.vJ. N.'-"W. f'9.WfJU:>t.At11m1.;;i:v- .. '
`1 e. If a CONTINUING APPLlCAT!ON, c.IJeck appropriate bo)(, and supply the reqwsite information below and in the first sentence of the
`specification following the title, or in an Appiication Data Sheet under 37 CF.>? 1. 76:
`D Continuation-in-pa1t (CiP}
`Examiner --~~~~!~--~: __ ~im
`Art Unit: --'2"'-'1-'8°'2=---~-~~--~~-~
`Prior application !nformaUou.
`For CONTINUATION Of Dl\l!SIONA!.. Alf'f'S only; Th" "ntira disclosure of the prior application, from which an oath or d!>•:laratlon ls 1>!.<pptlad un<isr Elox
`Sb, is con!>iderod a part of the disclosure ot th" accompanying co;.Unualion or diviislonai appllc,.tlon and ;,. h"rnby inco1µorat"d by rafar..,nc..,.
`Th& incorporation can only i>a ralisd upor! whan " portlor; ha>; be<>r; inadverten!fy omitt<>d from !ha s11bmitta<:1 "PPfiC::atlon parts.
`---------------------------------------------------------------------------·-r9~--CORRESPON1'iENCE ADDRESS
`[ ~?862
`OR D Correspondence address below
`Customer Number~
`__ ::'.~'.:7~ _______ _j ________________________________________________________________________ __,
`~ !---------------------------------------------------------------------------------------------------------------------------------------·-----------·-------<
`I State i
`I Telephone
`I
`Fa.<
`~:;;/:::nt!Type) : Michael ~~--------------------------------_J __ :=_::~'.~'.~~'.~'.'._~~-_!_::~~_'~'.'.'.!'.~~~'.'.~!! __ t--~~izf ~i~rch 11, 2005 -------
`
`oD
`
`Appl1<'.<ilion Data Sheet See 37 CFR 1. 76
`
`[ [ ] Conti>•ualion
`
`!-----------<"'=================~------------------------------------
`
`Address
`
`City
`count{}:;-----
`
`This col!ec:1011 of mformat1on is required by 37 CFR 1.53(!:>). The inlormation is reqrnred to obtain or retain a t>enellt by the publ;c which ,,, lo f1!e {and by the
`USf'TO to process} an appiira!ion. Confidentiality is governed i>y 35 U.S.C. 122 am! 37 CFR 1.14. This rol!eclion is estimated to take 12 mimiles lo complete,
`including gathe<illg, pr<>paii.,g, and submitting !h" romple!<>d applie<J!ion form'lo the USPTO. Time will •·ary dep<>ndlng upon lho individual case. Any oc.mments
`on !he "mount of time you require to completa this form ""'lior suggestioM for reducing this burden, should be sent to !he Chief lnforrni!tio" Olfice1', U.S. P"!en!
`aml Trademarl<. Ollire. U.S. Deparlmem of Commerce. P.O. Box 1450. Alexand•ia. VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Mail Slop l"at<>nt AppflcaUon, Commissioner for Patents, P.O. Elo>< 14SIJ, A!~"andria, VA 22l13-14Sl:l.
`if you need assistance in compl<>ling the form, call 1·8CO-PT0-9199 and sei<>c! option 2.
`
`ZTE (USA) 1006, Page 15
`
`

`
`....
`
`r
`
`Effective on 12/0Si2004.
`Faas purs1.umt to Ille Consolidated AJ);)roi){iarons Acl. 2005 (H.R. 4818).
`
`PTO/S8/1 7 112--04)
`Approved ior use S.'1rougn 07/J1!2006. OM8 0651-0032
`U.S. Paten! and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`t ln:1Ar ~hP. P;:)m-lrw.nrk RP.rlttdicm Art cl 1AA~ nn OP.:•~~ ::iirA