_ UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`wNovak Druce & Quigg LLP
`525 Okeechobee Blvd
`sune 1500
`West Palm Beach FL 33401
`
`In re Application of: PlRlM, 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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`MAY 2 12015
`PCT LEGAL ADMINISTRATION
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`'
`DECISION ON
`PETITIONS UNDER
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`37 CFR I.78(a)(3)
`AND I.55(c)
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`.
`
`This decision is issued in response to the “FOURTH REQUEST FOR
`RECONSIDERATION OF PETITION DECISION” filed on March 17, 2015, which requests
`reconsideration under 37 CFR §§ I.78(a)(3) and I.55(c). For the reasons set forth below, the
`petitions are GRANTED.
`
`37 CFR 1.7812!!!“
`
`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 ofthe
`time period specified in 37 CFR I.78(a)(2)(ii). Under the circumstances present here, the
`petition is properly considered under 37 CFR I.78(a)(3). _S_e§ MPEP section 1481.03.
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`A grantable petition under 37 CFR I.78(a)(3) must be accompanied by the following:
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`(I)
`
`(2)
`(3)
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`the reference required by 35 U.S.C. 120 and 37 CFR
`I.78(a)(2)(i) to the prior-filed application, unless
`previously submitted;
`the surcharge set forth in 37 CFR I.I7(t); and
`a statement that the entire delay between the date the claim was due
`under 37 CFR I.78(a)(2)(ii) and the date the claim was filed was
`unintentional.
`
`With regard to item (i), a proper reference to the prior-filed application(s) has been
`included in an application data sheet or in an amendment to the first sentence ofthe specification
`as required by 37 CFR I.78(a)(2)(iii).
`
`With regard to item (ii), the surcharge set forth in 37 CFR I.I7(t) has been submitted.
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`

`

`Application No. 11/676,926 ‘
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`2
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`With regard to item (iii), the statement of unintentional delay contained in the petition
`differs slightly from the language contained in 37 CFR l.78(a)(3)(iii) and is hereby construed as
`a statement that the entire delay between the date the claim was due under l.78(a)(2)(ii) and the
`date the claim was filed was unintentional.
`lfthis interpretation is incorrect, applicant is required
`to immediately notify the Office. As construed, the provided statement of unintentional delay is
`acceptable.
`
`For the reasons above, the petition under 37 CFR l.78(a)(3) is GRANTED.
`
`Applicant is advised that the inclusion ofa prior-filed application on any filing receipt
`should not be construed as meaning that the application is necessarily entitled to the benefit of
`the prior-filed application.
`In order for an application to be entitled to the benefit ofthe prior-
`filed application, all other requirements under 35 U.S.C. 120 and 37 CFR 1.78 must be met.
`
`37 CFR l.55(c)
`
`The above-captioned US. patent issued from an application filed after November 29,
`2000, and the foreign priority claim under 35 U.S.C. l l9(a)-(d) or 365(a) directed to French
`application number FR 9609420 was not submitted prior to the expiration ofthe time period
`specified in 37 CFR l.55(a)(l). Accordingly, this is an appropriate petition under the provisions
`of37 CFR l.55(c).
`'
`
`A grantable petition under 37 CFR l.55(c) to accept an unintentionally delayed claim for
`foreign priority requires the following:
`
`(I)
`
`the claim under 35 U.S.C.,l l9(a)-(d) or 365(a) and this section to the prior
`foreign application, unless previously submitted;
`
`(2)
`
`(3)
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`theisurcharge as set forth in 37 CFR l.l7(t);
`
`a statement that the entire delay between the date the claim was due under 37
`CFR l.55(a)(l) 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.
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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 l.55(a)(l).
`
`For these reasons, the petition under 37 CFR l.55(c) is GRANTED.
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`

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`Application No.
`
`l l/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 l.78(a)(3) and l.55(c) are
`GRANTED.
`,
`
`This patented application is being returned to the files repository.
`Certificate ofCorrection was issued on 10 May 2011.
`
`It is noted that a
`
`/George Dombroske/
`George Dombroske
`PCT'Legal Examiner
`International Patent Legal Administration»
`Telephone: (571) 272—3283
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`ATTACHMENT: Corrected Filing Receipt
`L
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