UNITED STATES PATENT AND TRADEMARK OFFICE
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`Novak Druce & Quigg LLP .
`525 Okeechobee Blvd
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`Suite 1500
`West Palm Beach FL 33401
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`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`pto.gov
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`MAILED
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`MAR U 9 2015
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`PCT LEGALADMINISTRATION
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`In re Application of: PIRIM, Patrick.
`US. Application No.: 11/676,926
`US. Patent No.: 7,650,015
`Filing Date: February 20, 2007 --
`Attorney’s Docket No.: 8042-2-1
`For:
`IMAGE PROCESSING METHOD
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`DECISION ON
`PETITIONS UNDER
`37 CFR 1.78(a)(3)
`AND 1.55(c)
`
`- This decision is issued in response to the “THIRD REQUEST FOR
`RECONSIDERATION OF PETITION DECISION” filed on November 24, 2014, which
`requests reconsideration under 37 CFR §§ 1.78(a)(3) and 1.55(c). For the reasons set forth
`below, the petitions are DISMISSED.
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`37 CFR1.78§a)§3)
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`The above—captioned US. patent issued from an application filed after November 29,
`2000, and the corrected benefit claim under 35 U.S.C. 120 is submitted after the expiration of the
`time period specified in 37 CFR 1.78(a)(2)(ii). Under the circumstances present here, the
`petition is properly considered under 37 CFR 1.78(a)(3). & MPEP section 1481.03.
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`A grantable petition under 37 CFR 1.78(a)(3) must be accompanied by the following:
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`(1)
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`(2)
`(3)
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`the reference required by 35 U.S.C. 120 and 37 CFR
`1.78(a)(2)(i) to the prior-filed application, unless
`previously submitted;
`the surcharge set forth in 37 CFR 1.17(t); and
`a statement that the entire delay between the date the claim was due
`under 37 CFR 1.78(a)(2)(ii) and the date the claim was filed was
`unintentional.
`
`With regard to item (1), the Application Data Sheet filed on November 24, 2014 does not
`comply with 37 CFR 1.76(c)(2) because it is not entitled “Supplemental Application Data Sheet”
`and does not identify the information that is being changed, preferably with underlining for
`insertions and strike—through or brackets for text removed. Applicants are advised to provide a
`formally acceptable ADS.
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`

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`Application No. 11/676,926
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`2
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`With regard to item (2), the surcharge set forth in 37 CFR 1.17(t) has been submitted.
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`With regard to item (3), the statement of unintentional delay contained in the petition
`differs slightly from the language contained in 37 CFR 1.78(a)(3)(iii) and is hereby construed as
`a statement that the entire delay between the date the claim was due under 1.78(a)(2)(ii) and the
`date the claim was filed was unintentional. If this interpretation is incorrect, applicant is required
`to immediately notify the Office. As construed, the provided statement of unintentional delay is
`acceptable.
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`For the reasons above, the petition under 37 CFR 1.78(a)(3) is DISMISSED.
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`37 CFR 1.551c1
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`The above-captioned US. patent issued from an application filed afier November 29,
`2000, and the foreign priority claim under 35 U.S.C. 119(a)—(d) or 365(a) directed to French
`application number FR 9609420 was not submitted prior to the expiration of the time period
`specified in 37 CFR 1.55(a)(1). Accordingly, this is an appropriate petition under the provisions
`of37 CFR 1. 55(c).
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`A grantable petition under 37 CFR 1 .55(c) to accept an unintentionally delayed claim for
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`foreign priority requires the folloWing:
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`(l)
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`the claim under 35 U.S.C. 1 l9(a)-(d) or 365(a) and this section to the prior
`foreign application, unless previously submitted;
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`(2)
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`(3)
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`the surcharge as set forth in 37 CFR 1.17(t);
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`a statement that 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.
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`With regard to requirement (1), petitioner has submitted an ADS which sets forth the
`foreign priority claim. However, as described above, the Application Data Sheet filed on
`November 24, 2014 does not comply with 37 CFR 1.76(c)(2) because it is not entitled
`“Supplemental Application Data Sheet” and does not identify the information that is being
`changed, preferably with underlining for insertions and strike-through or brackets for text
`removed. Applicants are advised to provide a formally acceptable ADS
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`With regard to requirement (2), the surcharge has been paid.
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`With regard to requirement (3), petitioner has provided a statement of unintentional delay
`with respect to 37 CFR 1.55(a)(1).
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`For these reasons, the petition under 37 CFR 1.55(c) is DISMISSED.
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`

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`Application No. 1 1/676,926
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`3
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`DECISION
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`For the reasons set forth above, the petitions under 37 CFR 1.78(a)(3) and 1.55(c) are
`DISMISSED.
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`Any further correspondence with respect to this matter may be filed electronically via
`EFS-Web selecting the document description "Petition for review and processing by the PCT
`Legal Office" or by mail addressed to Mail Stop PCT, Commissioner for Patents, Office of PCT
`Legal Administration, PO. Box 1450, Alexandria, Virginia 22313-1450, with the contents ofthe
`letter marked to the attention of the Office of PCT Legal Administration.
`
`/George Dombroske/
`George Dombroske
`PCT Legal Examiner
`International Patent Legal Administration
`Telephone: (571) 272-3283
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`