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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria, VA 22313-1450
`WW
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`PERKINS COIE LLP - LOS General
`POST OFFICE BOX 1247
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`SEATTLE WA 98111-1247 OFFICE OF PETITIONS
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`In re Patent No. 9,636,519
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`Issue Date: May 02, 2017
`Application No. 14/789,658
`Filed: July 01, 2015
`Attorney Docket No. 066964-801 1.USOO
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`NOTICE
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`This is a notice regarding your request, filed February 28, 2017, for acceptance of a fee deficiency
`submission under 37 CFR 1.28.
`
`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 payment of 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.
`
`This patent is no longer entitled to small entity status. Accordingly, all future fees paid in this patent must
`be paid at the undiscounted entity rate.
`
`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 was paid 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 MONTH of the 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 replacement itemized listing of each fee erroneously paid
`as a small entity in compliance with 37 CFR 1.28(c)(2)(ii). NO EXTENSION OF TINIE UNDER 37
`CFR 1.136 IS PERMITTED.
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`Telephone inquiries concerning this decision should be directed to the undersigned at (571) 272-0593.
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`/De Tya Flowers/
`DeTya Flowers
`Petitions Paralegal Specialist
`Office of Petitions
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