IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Pirim
`
`Docket No.:
`
`8042-2-1
`
`Application No.:
`
`11/676,926
`
`Examiner:
`
`Seth MANAV
`
`Patent No.:
`
`7,650,015
`
`Art Unit:
`
`2624
`
`Filed:
`
`02-20-2007
`
`Confirmation No.:
`
`9051
`
`
`
`IMAGE PROCESSING METHOD
`For:
`
`
`Commissioner for Patents,
`PO. Box 1450
`
`Alexandria, Virginia 22313-1450
`
`SECOND REQUEST FOR RECONSIDERATION OF PETITION DECISION
`
`Sir:
`
`A Petition to Accept Unintentionally Delayed Priority Claims under 37
`
`C.F.R. §§ 1.55(c) and 1.78(a)(3) was filed on August 20, 2010. A decision on the
`
`Petition was mailed on April 05, 2011.
`
`A request for reconsideration of the petition decision was filed on May 20,
`
`2011. A second decision was mailed on January 5, 2012.
`
`Please consider the decision in view of the following marks.
`
`

`

`11/676,926
`
`Pirim
`
`8042-2—1
`
`Domestic Priority Claim 37 CFR 1.78 (612(3)
`
`The decision states:
`
`.33 1343331331333 pie-33131313111333: 3'? CF33 3.'?S{ja}{i3} 1:31:31 Em mmmnpammii 33}: £333 i333§<3wing1
`
`{3}
`
`2::
`3}
`
`E3312 ammmma 3131311331213 E333 3:3 {33,333. 31333 2.11333 3‘? {.333
`i?3{23}{3}{i} {a 33m 3319333133 aggiicmtiom, 333333
`gmvimmEy 31133311313326;
`33m sarcEzarga 363 112311th in 3.? CFR 3133(3); 8.21st
`a stamnmni that {Em entim 13$an batwam 1332': E33316: 3331: 123113131 was. due
`mods: 3? CFR i.?8{s}{2}{ii} 213:3 3333:. {33:32 {Em 2:33:33 mm 3333323 was
`immismiomm
`
`The decision interprets 1.78(a)(3)’s reference to 1.78(a)(2) as a
`
`requirement that “an accompanying amendment to the specification of the
`
`application or a supplemental application data sheet” (Decision at p. 2) is
`
`needed. More specifically, the decision cites to 1.78(a)(2)(iii), which states, “[i]f
`
`the later-filed application is a non-provisional application, the reference required
`
`by this paragraph must be included in an application data sheet (§ 1.76), or the
`
`specification must contain or be amended to contain such reference in the first
`
`sentence(s) following the title.”
`
`Applicant submits a Supplemental Application Data Sheet reflecting the
`
`priority correction.
`
`37 C.F.R. §1.55§c)
`
`The decision states:
`
`A gramabim patiiion 33111313.? :3? {333323 3.535(9) to asaept an maintmtimmiiy {3818:3336 £13331} {1}:
`Ehsx‘eiggx prim-r31}?{makes 33m 13133331113
`
`{1}
`
`{,3}
`{3}
`
`the daim 3:31:33? 35 33.3 .C. 33${33-{d} 03 363(3): and this 36:33:33: :0 the prior
`{twigs} mppiicaiim, 131338352 31-39331:st submitted;
`EEK: smharggg as set 3331331 3171 ‘33 CPR 133$};
`:3 53133613115131 aha: the smite daisy Emiwatm {Em {3333333115 £33311: mm; {3113: 11:11:33}: 3'?
`C923 11:35:23,}{3} am“? the (3312:: 13m 1:333:11 was 331233 was mimimiimmi.
`
`The decision concludes that the petition does not comply with 1.55(c)(1),
`
`alleging MPEP §201.13 requires that “a claim for foreign priority must be
`
`contained in either an oath or declaration
`
`or an application data sheet.”
`
`(Decision at p. 3). MPEP §201.13 actually states, “[a] priority claim need not be
`
`

`

`11/676,926
`
`Pirim
`
`8042—2—1
`
`in any special form and may be a statement signed by a registered attorney or
`
`agent. A priority claim can be made on filing: (A) by including a copy of an
`
`unexecuted or executed oath or declaration specifying a foreign priority claim
`
`(see 37 CFR 1.63(c)(2)); or (B) by submitting an application data sheet specifying
`
`a foreign priority claim (see 37 CFR 1.76).” The entire delay between the date
`
`the claim was due under 37 CFR 1.55(a)(1) and the date the claim was filed was
`
`unintentional.
`
`Applicant submits a Supplemental Application Data Sheet reflecting the
`
`priority correction.
`
`No additional surcharge should be owed, but the Director is hereby
`
`authorized to charge any deficiency in fees filed, asserted to be filed, or which
`
`should have been filed herewith (or with any paper hereafter filed in this
`
`application by this firm) to our Deposit Account 14-1437. Please credit any
`
`excess fees to SUCh account.
`
`Date: July 15, 2014
`
`Respectfully submitted,
`NOVAK DRUCE + QUIGG, LLP
`
`/Michael P. Byrne/
`
`Michael P. Byrne, Reg. No. 54,015
`525 Okeechobee Blvd.
`15th Floor
`
`West Palm Beach, FL 33401
`Phone: (561) 847-7800
`Fax: (561) 847-7801
`
`