www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/985,540
`
`05/21/2018
`
`Rose Ann M. Haft
`
`55017-704201
`
`7904
`
`WILSON, SONSINI, GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 94304-1050
`
`VU~ KIEU D
`
`PAPER NUMBER
`
`ART UNIT
`
`2173
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/22/2019
`
`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):
`
`patentdocket@ wsgroom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Commissionerfor Patents
`United States Patent and TrademarkOffice
`PO. Box 1450
`Alexandria, VA 22313—1450
`www.uspto.gov
`
`In re Application of
`
`Haft, Rose Ann, M.
`
`Application No. 15/985,540
`
`Filed: 21 May 2018
`For: Computational Operating System
`
`:
`
`:
`
`'
`
`DECISION ON PETITION
`
`This is adecision on the PETITION UNDER 37 CFR. § 1.78(a)(3) TO ACCEPT AN
`
`UNINTENTIONALLY DELAYED PRIORITY CLAIM” filed January 25, 2019 for the
`
`benefit of priority to prior-filed provisional application 62/509,681 set forth in the
`concurrently filed Application Data Sheet (ADS). The petition is appropriately treated
`
`under 37 CFR §1.78(c). This decision is also in response to the “PETITION FOR
`EXPEDITED REVIEW UNDER 37 CFR. 1.182”, filed on even date.
`
`The petition under 37 CFR 1.182 is GRANTED.
`
`The petition for expedited consideration includes payment of the petition fee under
`1.182. The relief requested is warranted. Accordingly, the petition under 37 CFR 1.78
`
`is being considered out of turn.
`
`The petition under 37 CFR 1.78 is GRANTED.
`
`A petition for acceptance of a claim for late priority under 37 CFR § 1.78(c) must be
`accompanied by:
`
`(1)
`
`the reference required by 35 U.S.C. § 119(e) and 37 CFR § 1.78(a)(3) of the
`
`prior-filed application, unless previously submitted;
`(2)
`the petition fee set forth in § 1.17(m); and
`(3)
`a statement that the entire delay between the date the claim was due under 37
`
`CFR § 1.78(d)(3) and the date the claim was filed was unintentional. The Director may
`require additional where there is a question whether the delay was unintentional.
`
`Further, the nonprovisional application claiming the benefit of the prior-filed provisional
`application (or an intermediate application claiming the benefit of the prior-filed
`
`provisional application) must have been filed within twelve months of the filing date of
`
`the prior-filed provisional application.
`
`

`

`Application No. 15/985,540
`
`Page 2
`
`37 CFR § 1.78(c) requires a statement that the entire delay between the date the claim
`
`was due under 37 CFR § 1.78(d)(3) and the date the claim was filed was
`unintentional. Since the statement appearing in the petition references 37 CFR §
`
`it varies from the required language. The statement is being construed as
`1.78(a)(3),
`the statement required by 37 CFR §1.78(c).
`If this is not a correct reading of the
`
`statement appearing in the petition, petitioner should promptly notify the Office.
`
`All the above requirements having been satisfied, the late claim for benefit of priority
`
`under 35 U.S.C. § 119(e) is accepted as being unintentionally delayed.
`
`Petitioner is advised that this decision grants the petition to accept the unintentionally
`
`delayed domestic benefit claim to the prior filed application(s) because the petition
`requirements of 37 CFR 1.78(c) and the formal requirements for claiming domestic
`
`benefit (see MPEP 211.01 et. seq.) have been met. This acceptance should not be
`
`construed as meaning that this application is entitled to the benefit of the prior-filed
`application(s). Whether a claimed invention in a nonprovisional application is entitled to
`
`the benefit of the filing date of a prior-filed application on the basis of the disclosure
`thereof is determined during examination if it becomes necessary to do so (e.g.,
`
`intervening reference and interference proceeding). See MPEP 211.05.
`
`A corrected Filing Receipt, which includes the priority claim to prior-filed provisional
`
`application no. 62/509,681 filed May 22, 2017, accompanies this decision on petition.
`
`Any questions concerning this matter may be directed to Attorney Patricia Faison-Ball at
`
`(571) 272-3212.
`
`This application is being forwarded to Technology Center Art Unit 2173 for
`
`consideration by the examiner of the claim under 35 U.S.C. § 119(e) of the prior-filed
`provisional application.
`
`/DOUGLAS IWOOD/
`
`Douglas |. Wood
`Attorney Advisor, OPET
`
`ATTACHMENT: Corrected Filing Receipt
`
`

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