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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`13/937,808
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`07/09/2013
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`Robert W. Stiles JR.
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`144-074-819
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`4179
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`759°
`24628
`Husch Blackwell LLP
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`[WM/202°
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`Husch Blackwell Sanders LLP Welsh & Katz
`120 S RIVERSIDE PLAZA
`mm
`CHICAGO, IL 60606
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`BOBISH‘ CHRISTOPHERS
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`3746
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`MAE DATE
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`03/09/2020
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`mm
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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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
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`In re Application of
`Stiles et al.
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`Application No. 13/937,808
`Filed: 9 Jul 2013
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`For: FILTER LOADING
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`:
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`:
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`DECISION ON PETITION
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`This is a decision on the petition under the unintentional provisions of 37 CFR 1.137(a) filed
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`October 17, 2019, to revive the above—identified application.
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`The petition is DISMISSED.
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`Any request for reconsideration of this decision must be submitted within TWO (2) MONTHS
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`from the mail date of this decision. Extensions of time under 37 CFR 1.136(a) are permitted.
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`The reconsideration request should include a cover letter entitled “Renewed Petition under
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`37 CFR 1.137(a).” This is not a final agency action within the meaning of 5 U.S.C. § 704. No
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`further petition fee is required.
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`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.
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`A grantable petition under 37 CFR 1.137(a) must be accompanied by: (1) the required reply,
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`unless previously filed, (2) the petition fee as set forth in 37 CFR 1.17(m), and (3) a statement
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`that the entire delay in filing the required reply from the due date for the reply until the filing of a
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`grantable petition pursuant to 37 CFR 1.137(a) was unintentional.
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`Where there is a question as to whether either the abandonment or the delay in filing a petition
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`under 37 CFR 1.137 was unintentional, the Director may require additional information. &
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`MPEP 711.03(c)(II)(C) and (D).
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`The present petition lacks item (1) above.
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`
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`Application No. 13/937,808
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`Page 2
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`The Office recognizes receipt of the Oath or Declaration submitted October 17, 2019. However,
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`it does not contain the language required by 37 CFR 1.63(a). In this regard, an applicant must
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`identify the inventor or joint inventor executing the oath or declaration by his or her legal name;
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`identify the application to which it is directed; include a statement that the person executing the
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`oath or declaration believes the named inventor or joint inventor to be the original inventor or an
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`original joint inventor of a claimed invention in the application for which the oath or declaration
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`is being submitted; and state that the application was made or was authorized to be made by the
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`person executing the oath or declaration. See USPTO Form No. PTO/AIA/01.
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`In addition, a review of the record indicates the request under 37 CFR 1.46 has been entered
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`before the rendering of a decision on the petition under 37 CFR 1.137(a). While a corrected
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`filing receipt was mailed on October 23, 2019 that accepted 37 CFR 1.46(c), it was mailed
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`prematurely. The request under 37 CFR l.46(c) included an updated application data sheet
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`(ADS). When an ADS is provided in a patent applicatirm, the ADS bec‘mmes part of the
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`appiication.
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`37 CFR 1.312 states, no amendment may be made as a matter of right in an application after the
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`mailing of the notice of allowance. Any amendment filed pursuant to this section must be filed
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`before or with the payment of the issue fee, and may be entered on the recommendation of the
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`primary examiner, approved by the Director, without withdrawing the application from issue.
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`Since 37 CFR 1.312 prohibits amendments to the disclosure after the payment of an issue fee, in
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`order for the amendments to be accepted as part of the required reply, a renewed petition under
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`37 CFR 1.137(a) must include a petition to withdraw this application from issue under the
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`provisions of 37 CFR 1.313(c)(2), a Request for Continued Examination under 37 CFR 1.114,
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`and the required fees.
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`The file does not indicate a change of address has been submitted, although the address given on
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`the petition differs from the address of record. If appropriate, a change of address should be filed
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`in accordance with MPEP 601.03. A courtesy copy of this decision is being mailed to the
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`address given on the petition; however, the Office will mail all future correspondence solely to
`the address of record.
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`Further correspondence with respect to this matter should be delivered through one of the
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`following mediums:
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`By mail:
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`Mail Stop PETlTIONS
`Commissioner for Patents
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`Post Office Box 1450
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`Alexandria, VA 22313—1450
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`
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`Application No. 13/937,808
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`Page 3
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`By hand:
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`Customer Service Window
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`Mail Stop Petitions
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`Randolph Building
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`401 Dulany Street
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`Alexandria, VA 22314
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`By fax:
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`(571) 273—8300
`ATTN: Office of Petitions
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`By internet:
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`EFS —Web1
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`Any questions concerning this decision may be directed to J amice Brantley at (571) 272—3814.
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`/ANDREA M SMlTH/
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`Andrea Smith
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`Lead Paralegal Specialist, Office of Petitions
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`Cc: Joel A Austin
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`411 E. Wisconsin Avenue
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`Milwaukee, WI 53202
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`1 WWW.US$310.How'ebcrr’efs belohtml (for help using EFS-Web call the Patent Electronic Business Center at (866) 217-9197).
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`_
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`Transmittal Communication on
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`'
`Petltlon
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`Application/Control No.
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`13/931808
`Deciding Official
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`BOBISH, CHRISTOPHERS
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`Applicant(s)/Patent Under
`Reexamination
`Stiles et al.
`Office of
`Petitions
`OPET
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`- 7'he MAILING DA TE of this communication appears on the co ver sheet with the correspondence address. --
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`(ADDITIONAL PARTY'S CORRESPONDENCE ADDRESS)
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`Joel A. Austin
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`411 E. Wisconsin Avenue
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`Milwaukee, WI 53202
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`Application/Patent.
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`Enclosed is a copy of the latest communication from the United States Patent and Trademark Office in the above-identified
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`US. Patent and Trademark Office
`Rev. 8/2013
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`Part of Paper No. 20200207
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