UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`13/937,808
`
`07/09/2013
`
`Robert W. Stiles JR.
`
`144-074-819
`
`4179
`
`759°
`24628
`Husch Blackwell LLP
`
`[WM/202°
`
`Husch Blackwell Sanders LLP Welsh & Katz
`120 S RIVERSIDE PLAZA
`mm
`CHICAGO, IL 60606
`
`BOBISH‘ CHRISTOPHERS
`
`3746
`
`MAE DATE
`
`03/09/2020
`
`mm
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`www,uspto.gov
`
`In re Application of
`Stiles et al.
`
`Application No. 13/937,808
`Filed: 9 Jul 2013
`
`For: FILTER LOADING
`
`:
`
`:
`'
`
`DECISION ON PETITION
`
`This is a decision on the petition under the unintentional provisions of 37 CFR 1.137(a) filed
`
`October 17, 2019, to revive the above—identified application.
`
`The petition is DISMISSED.
`
`Any request for reconsideration of this decision must be submitted within TWO (2) MONTHS
`
`from the mail date of this decision. Extensions of time under 37 CFR 1.136(a) are permitted.
`
`The reconsideration request should include a cover letter entitled “Renewed Petition under
`
`37 CFR 1.137(a).” This is not a final agency action within the meaning of 5 U.S.C. § 704. No
`
`further petition fee is required.
`
`This application became abandoned for failure to timely file the inventor’s oath or declaration or
`substitute statement no later than the date on which the issue fee is paid, as required by the
`Notice Requiring Inventor’s Oath or Declaration (Notice) mailed August 30, 2019. The issue fee
`was timely paid on October 3, 2019. Accordingly, the application became abandoned on
`October 4, 2019. A Notice of Abandonment was mailed on October 10, 2019.
`
`A grantable petition under 37 CFR 1.137(a) must be accompanied by: (1) the required reply,
`
`unless previously filed, (2) the petition fee as set forth in 37 CFR 1.17(m), and (3) a statement
`
`that the entire delay in filing the required reply from the due date for the reply until the filing of a
`
`grantable petition pursuant to 37 CFR 1.137(a) was unintentional.
`
`Where there is a question as to whether either the abandonment or the delay in filing a petition
`
`under 37 CFR 1.137 was unintentional, the Director may require additional information. &
`
`MPEP 711.03(c)(II)(C) and (D).
`
`The present petition lacks item (1) above.
`
`

`

`Application No. 13/937,808
`
`Page 2
`
`The Office recognizes receipt of the Oath or Declaration submitted October 17, 2019. However,
`
`it does not contain the language required by 37 CFR 1.63(a). In this regard, an applicant must
`
`identify the inventor or joint inventor executing the oath or declaration by his or her legal name;
`
`identify the application to which it is directed; include a statement that the person executing the
`
`oath or declaration believes the named inventor or joint inventor to be the original inventor or an
`
`original joint inventor of a claimed invention in the application for which the oath or declaration
`
`is being submitted; and state that the application was made or was authorized to be made by the
`
`person executing the oath or declaration. See USPTO Form No. PTO/AIA/01.
`
`In addition, a review of the record indicates the request under 37 CFR 1.46 has been entered
`
`before the rendering of a decision on the petition under 37 CFR 1.137(a). While a corrected
`
`filing receipt was mailed on October 23, 2019 that accepted 37 CFR 1.46(c), it was mailed
`
`prematurely. The request under 37 CFR l.46(c) included an updated application data sheet
`
`(ADS). When an ADS is provided in a patent applicatirm, the ADS bec‘mmes part of the
`
`appiication.
`
`37 CFR 1.312 states, no amendment may be made as a matter of right in an application after the
`
`mailing of the notice of allowance. Any amendment filed pursuant to this section must be filed
`
`before or with the payment of the issue fee, and may be entered on the recommendation of the
`
`primary examiner, approved by the Director, without withdrawing the application from issue.
`
`Since 37 CFR 1.312 prohibits amendments to the disclosure after the payment of an issue fee, in
`
`order for the amendments to be accepted as part of the required reply, a renewed petition under
`
`37 CFR 1.137(a) must include a petition to withdraw this application from issue under the
`
`provisions of 37 CFR 1.313(c)(2), a Request for Continued Examination under 37 CFR 1.114,
`
`and the required fees.
`
`The file does not indicate a change of address has been submitted, although the address given on
`
`the petition differs from the address of record. If appropriate, a change of address should be filed
`
`in accordance with MPEP 601.03. A courtesy copy of this decision is being mailed to the
`
`address given on the petition; however, the Office will mail all future correspondence solely to
`the address of record.
`
`Further correspondence with respect to this matter should be delivered through one of the
`
`following mediums:
`
`By mail:
`
`Mail Stop PETlTIONS
`Commissioner for Patents
`
`Post Office Box 1450
`
`Alexandria, VA 22313—1450
`
`

`

`Application No. 13/937,808
`
`Page 3
`
`By hand:
`
`Customer Service Window
`
`Mail Stop Petitions
`
`Randolph Building
`
`401 Dulany Street
`
`Alexandria, VA 22314
`
`By fax:
`
`(571) 273—8300
`ATTN: Office of Petitions
`
`By internet:
`
`EFS —Web1
`
`Any questions concerning this decision may be directed to J amice Brantley at (571) 272—3814.
`
`/ANDREA M SMlTH/
`
`Andrea Smith
`
`Lead Paralegal Specialist, Office of Petitions
`
`Cc: Joel A Austin
`
`411 E. Wisconsin Avenue
`
`Milwaukee, WI 53202
`
`
`1 WWW.US$310.How'ebcrr’efs belohtml (for help using EFS-Web call the Patent Electronic Business Center at (866) 217-9197).
`
`

`

`_
`_
`_
`Transmittal Communication on
`'
`'
`Petltlon
`
`Application/Control No.
`
`13/931808
`Deciding Official
`
`BOBISH, CHRISTOPHERS
`
`Applicant(s)/Patent Under
`Reexamination
`Stiles et al.
`Office of
`Petitions
`OPET
`
`- 7'he MAILING DA TE of this communication appears on the co ver sheet with the correspondence address. --
`
`(ADDITIONAL PARTY'S CORRESPONDENCE ADDRESS)
`
`Joel A. Austin
`
`411 E. Wisconsin Avenue
`
`Milwaukee, WI 53202
`
`Application/Patent.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark Office in the above-identified
`
`US. Patent and Trademark Office
`Rev. 8/2013
`
`Part of Paper No. 20200207
`
`

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