`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`13/450,938
`
`
`
`
` FILING DATE
`
`
`04/19/2012
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Michael Miskin
`
`LYN-071317DV02
`
`2439
`
`FACTOR INTELLECTUAL PROPERTY LAW GROUP, LTD.
`1327 W. WASHINGTON BLVD.
`SUITE 5G/H
`CHICAGO,I. 60607
`
`TRAN, ANH Q
`
`2844
`
`10/11/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`jmerritt @ factoriplg.com
`ysolis @factoriplg.com
`cschroeder @ factoriplg.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`In re Patent No. 8,841,855
`Issue Date: September 23, 2014
`Application No. 13/450,938
`Filed: April 19, 2012
`Attorney Docket No. LYN-071317DV02
`
`:
`:
`:
`
`NOTICE
`
`This is a notice regarding your requests for acceptance of a fee deficiency submission under 37
`CFR 1.28 filed May 13, 2016. On September 1, 1998, the Court of Appeals for the Federal
`Circuit held that 37 CFR 1.28(c) is the sole provision governing the time for correction of the
`erroneous paymentof the issue fee as a small entity. See DH Technology v. Synergystex
`International, Inc. 154 F.3d 1333, 47 USPQ2d 1865 (Fed. Cir. Sept. 1, 1998).
`
`The Office no longer investigates or rejects original or reissue applications under 37 CFR 1.56.
`1098 Off. Gaz. Pat. Office 502 (January 3, 1989). Therefore, nothing in this Notice is intended
`to imply that an investigation was done.
`
`Your fee deficiency submission under 37 CFR 1.28 is hereby accepted. Thepetition is
`GRANTED.
`
`Applicant is reminded that pursuant to 37 CFR 1.28(c)(2)(i) “where a fee paid in error as a small
`entity was subject to a fee decrease between the time the fee waspaid in error and the time the
`deficiency is paid in full, the deficiency owed is equal to the amount (previously) paid in
`error.” If the itemization submitted with the present request does not comply with 37 CFR
`1.28(c)(2)(i) because a fee has decreased, applicant should, within ONE MONTHofthe date of
`this Notice, submit a renewed request for acceptance of a fee deficiency under 37 CFR 1.28(c)
`along with balance of the correct fee deficiency in compliance with 37 CFR 1.28(c)(2)(i) and a
`replacementitemizedlisting of each fee erroneously paid as a small entity in compliance with 37
`CFR 1.28(c)(2)Gi). NO EXTENSION OF TIME UNDER37 CFR 1.136 IS PERMITTED.
`
`This application is no longer entitled to small entity status. Accordingly, all future fees paid in
`this application must be paid at the large entity rate.
`
`This file is being forwarded to Files Repository.
`
`

`

`Application/Control Number: 13/450,938
`
`Art Unit: OPET
`
`Page 2
`
`Telephoneinquiries related to this decision should be directed to the Kimberly Inabinetat (571)
`272-4618.
`
`/Kimberly Inabinet/
`Kimberly Inabinet
`Paralegal Specialist
`Office of Petitions
`
`