PTO/SB/445 (05-18)
`Approved for use through 11/30/2020. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e)
`FOR THE BENEFIT OF A PRIOR-FILED PROVISONAL APPLICATION (37 CFR 1.78(c))
`Page 1 of 4
`
`First named inventor: _______________________________________________________________________________________________
`
`Application No.: _______________________________________ Art Unit: _____________________________________________
`
`Filed: _________________________________________________ Examiner: ____________________________________________
`
`Title:
`
`Attention: Office of Petitions
`Mail Stop Petition
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`FAX (571) 273-8300
`NOTE: If information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282.
`APPLICANT HEREBY PETITIONS FOR ACCEPTANCE OF AN UNINTENTIONALLY DELAYED BENEFIT CLAIM UNDER 37 CFR 1.78(c).
`NOTE: A grantable petition requires the following items:
` (1) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed provisional application, unless previously
` submitted;
` (2) the petition fee set forth in 37 CFR 1.17(m); and
` (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) and the date the
` benefit claim was filed was unintentional. The Director may require additional information where there is a question as to
` whether the delay was unintentional.
`
`1. The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed provisional application
` The application was filed on or after September 16, 2012, and the reference is either set forth in the attached corrected ADS, or in a
` corrected ADS that was previously submitted.
` The application was filed prior to September 16, 2012, and the reference is either (1) set forth in a supplemental ADS, or (2) set forth
` in the attached amendment to the first sentence(s) of the specification, or (3) a supplemental ADS or amendment to the first
` sentence(s) of the specification was previously submitted. See 37 CFR 1.78(h).
`Reminders:
`•
`Any ADS which corrects or updates the information of record must comply with 37 CFR 1.76(c)(2) (or for applications filed
`prior to September 16, 2012, pre-AIA 37 CFR 1.76(c))
`The nonprovisional application must have been filed within 1 year of the filing date of the prior-filed provisional application
`except as provided in 37 CFR 1.78(b). See 37 CFR 1.78(a).
`
`•
`
`2. Petition fee
` Small entity fee $ __________ (37 CFR 1.17(m)). Applicant asserts small entity status. See 37 CFR 1.27.
` Micro entity fee $ __________ (37 CFR 1.17(m)). Applicant has established or is establishing micro entity status. See 37 CFR 1.29.
` Form PTO/SB/15A or B or equivalent must either be enclosed or have been submitted previously.
` Undiscounted fee $ __________ (37 CFR 1.17(m)).
`
`This collection of information is required by 37 CFR 1.78(c). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
`to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11, 1.14 and 41.6. This collection is estimated to take 1 hour to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on
`the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`TO: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`Tyler Miller Exhibit 2011
`
`Page 1 of 5
`
`

`

`PTO/SB/445 (12-17)
`Approved for use through 11/30/2020. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e)
`FOR THE BENEFIT OF A PRIOR-FILED PROVISIONAL APPLICATION (37 CFR 1.78(c))
`Page 2 of 4
`3. STATEMENT: The entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) and the date the benefit claim was
`filed was unintentional.
`NOTE: The Director may require additional information where there is a question whether the delay was unintentional.
`
`WARNING:
`Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to
`identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a check or
`credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition or an
`application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should consider
`redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the
`record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance
`with 37 CFR 1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may also
`be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit
`card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly
`available.
`
` __________________________________________________ _______________________________________
` Signature* Date
`
` __________________________________________________ _______________________________________
` Typed or Printed Name Registration Number, if applicable
`
` __________________________________________________ _______________________________________
` Address Telephone Number
`
` __________________________________________________
` Address
`
`* This petition must be signed in accordance with 37 CFR 1.33. Please see 37 CFR 1.4(d) for the signature requirements. Submit multiple
` forms if more than one signature is required.
`
`Enclosures:
`
` Application Data Sheet (see Instructions starting on page 3)
`
` Fee
`
` Other: _______________________________________________________________________________________________________
`
`CERTIFICATE OF MAILING OR TRANSMISSION [37 CFR 1.8(a)]
`I hereby certify that this correspondence is being:
` Deposited with the United States Postal Service on the date shown below with sufficient postage as first class mail in an envelope
` addressed to: Mail Stop Petition, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450.
` Transmitted by EFS-Web or by fax on the date shown below to the United States Patent and Trademark Office at (571) 273-8300.
`
`____________________________ ____________________________________________________________
` Date Signature
`
` _____________________________________________________________
` Typed or printed name of person signing certificate
`
`Tyler Miller Exhibit 2011
`
`Page 2 of 5
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`

`

`Instructions for Petition to Accept an Unintentionally Delayed Claim under 35 U.S.C. 119(e)
`for the Benefit of a Prior-Filed Provisional Application (37 CFR 1.78(c))
`(Not to be Submitted to the USPTO)
`
`Note: This form is for unintentionally delayed benefit claims to provisional application(s) only
`
`1. The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the provisional application
`
`a. For applications filed on or after September 16, 2012, the reference must be set forth in a
`corrected ADS.
`
`Note: Any ADS filed after the filing of the application is considered a corrected (or updated) ADS even
`if an ADS was not previously submitted. A corrected ADS must identify the information that is being
`changed with underlining for insertions and strike-through or brackets for text removed. In general,
`the identification of the information being changed should be made relative to the most recent filing
`receipt. For example, where the most recent filing receipt for the application shows no benefit claim,
`the entire benefit claim must be shown with underlining in the corrected ADS. In addition, if the ADS
`identified an incorrect provisional application number and the most recent filing receipt included the
`incorrect provisional application number, the corrected ADS should identify the incorrect provisional
`application number being deleted with strike-through or brackets, and should identify the correct
`provisional application number being added with underlining. For more information regarding a
`corrected ADS in an application filed on or after September 16, 2012, see MPEP 601.05(a), subsection
`II.
`
`A corrected ADS may include all of the section headings listed in 37 CFR 1.76(b) with all appropriate
`data for each heading or only those sections (including the section headings) containing changed or
`updated information. See 37 CFR 1.76(c)(2). A corrected ADS must identify the application by
`application number and be properly signed.
`
`Use of the corrected Web-based ADS is recommended for registered users of EFS-Web because it will
`pre-populate with information of record, applicants can then type in the desired changes, and the
`system will create a PDF version with the appropriate strike-through and underlining. For more
`information, see the “Quick Start Guide for Corrected Web-based Application Data Sheet (Corrected
`Web ADS)” available at https://www.uspto.gov/patents-application-process/applying-online/efs-
`web-guidance-and-resources.
`Applicants may also use Form PTO/AIA/14 which may be printed and marked up to comply with
`37 CFR 1.76(c).
`
`
`
`
`
`[Page 3 of 4]
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`Tyler Miller Exhibit 2011
`
`Page 3 of 5
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`

`

`Instructions for Petition to Accept an Unintentionally Delayed Claim under 35 U.S.C. 119(e)
`for the Benefit of a Prior-Filed Provisional Application (37 CFR 1.78(c))
`(Not to be Submitted to the USPTO)
`
`b. For applications filed before September 16, 2012, the reference to the prior-filed
`application may be made in a supplemental ADS in compliance with pre-AIA 37 CFR 1.76(c) or in an
`amendment in the first sentence(s) of the specification following the title. See 37 CFR 1.78(h).
`
`Note: For applications filed before September 16, 2012, any ADS submitted after the filing date of
`the application is a supplemental ADS, regardless of whether an original ADS was submitted with the
`application papers on filing. Supplemental ADS papers must be labeled Supplemental ADS or
`Supplemental Application Data Sheet, include each of the seven section headings listed in pre-AIA 37
`CFR 1.76(b) with all appropriate data for the section heading, and identify the information that is
`being changed. See pre-AIA 37 CFR 1.76(c). A supplemental ADS must also identify the application by
`application number and be properly signed. For more information regarding a supplemental ADS in
`an application filed before September 16, 2012, see MPEP 601.05(b), subsection II.
`
`2. Petition fee
`
`The petition fee is set forth in 37 CFR 1.17(m) and must be included with the petition. Petitioner is
`advised to refer to the current fee schedule at https://www.uspto.gov/learning-and-resources/fees-
`and-payment/uspto-fee-schedule.
`
`3. Statement
`37 CFR 1.78(c) requires a statement that the entire delay between the date the benefit claim was due
`under 37 CFR 1.78(a)(4) and the date the benefit claim was filed was unintentional. The required
`statement is included in this form.
`Note: the Director may require additional information where there is a question whether the delay
`was unintentional.
`
`
`
`
`
`[Page 4 of 4]
`
`Tyler Miller Exhibit 2011
`
`Page 4 of 5
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`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
`requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
`35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
`the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
`related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
`Trademark Office may not be able to process and/or examine your submission, which may result in termination
`of proceedings or abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
`may be disclosed to the Department of Justice to determine whether disclosure of these records is
`required by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting
`evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in
`the course of settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
`submitting a request involving an individual, to whom the record pertains, when the individual has
`requested assistance from the Member with respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
`having need for the information in order to perform a contract. Recipients of information shall be required
`to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system
`of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual
`Property Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for
`purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act
`(42 U.S.C. 218(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
`responsibility to recommend improvements in records management practices and programs, under
`authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA
`regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or
`Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after either
`publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C.
`151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to
`the public if the record was filed in an application which became abandoned or in which the proceedings
`were terminated and which application is referenced by either a published application, an application
`open to public inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
`regulation.
`
`Tyler Miller Exhibit 2011
`
`Page 5 of 5
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