Attorney Docket No. 10851-034DX2
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`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Inventor(s)
`Application No.
`Filed
`Title
`
`: Damian James Reec Mycroft
`:
`29/845,548
`:
`July 8, 2022
`: BEVERAGE DISPENSER
`
`Art Unit
`Examiner
`Conf.No.
`
`2913
`:
`: To be assigned
`=:
`2515
`
`Mail Stop Petitions
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`PETITION UNDER 37 C.F.R.§1.53(E) INRESPONSE TO NOTICE OF INCOMPLETE
`NONPROVISIONAL APPLICATION
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`Applicant submits this petition under 37 C.F.R. § 1.53(e) to changethe filing date of the
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`application to July 8, 2022 because all required application parts were received by the office by
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`this date (“the Petition”). The Petition is filed along with the petition fee set forth in 37 C.F.R. §
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`1.17).
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`1.
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`Facts
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`On July 8, 2022, Applicant filed application serial number 29/845,548 (“the
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`Application’). The filing included a specification as prescribed by 35 U.S.C. 112, including at
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`least one claim, and drawings, as required under 37 C.F.R. § 1.53(b).
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`The Electronic Filing System (EFS) Acknowledgment Receipt dated July 8, 2022
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`indicates Document 1 with File Name 10851-034DX2_2022_07_08_Specification.pdf has 2
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`Pages. As shownin the screenshotof the EFS AcknowledgmentReceipt dated July 8, 2022
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`provided below, the Multipart Description includes a Document Description for pages 1-1 as
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`“Specification” and a DocumentDescription for pages 2-2 as “Drawing-only black and white
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`line drawings”.
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`
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`Inventor(s):
`Application No.
`Filed
`Page
`
`: Damian James Reec Mycroft
`:
` 29/845,548
`:
`July 8, 2022
`: 2of4
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`Attorney Docket No. 10851-034DX2
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`A screen shotof the contents of pages 2-2 is shown below to contain a claim to the
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`ornamental design shownanddescribed.
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`
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`In a training documenttitled “Welcome to EFS-Web Indexing Training”, dated August
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`30, 2007, https://www.uspto.gov/ebc/portal/efs/cbt/efsweb_indexing_1-1-4_2007aug30.ppt
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`(“USPTO Training”), the USPTO recognizes, “Indexing is applying a documentdescription to a
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`PDFor TXT File... Indexing has no legal relationship to the patent application, indexing is an
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`administrative act for processing the submission.” USPTO Training, p. 9.
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`The USPTO hasrecognized that the submissions on July 8, 2022 include | pages of
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`claimsas listed in the Document and Transactions tab in Patent Center for the pending
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`application, as shown in the below screenshot.
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`
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`: Damian James Reec Mycroft
`:
` 29/845,548
`:
`July 8, 2022
`3 of 4
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`Attorney Docket No. 10851-034DX2
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`Inventor(s):
`Application No.
`Filed
`Page
`
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`On July 12, 2022, the USPTOissued a “Notice of Incomplete Nonprovisional
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`Application” (“the Notice’) due to the allegedly missing claim. The Notice indicatesthata filing
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`date has not been accorded to the pending application.
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`Applicantis filing a response to the Notice (“the Reply’), concurrently with the Petition.
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`The Reply includes an explanation that the allegedly missing claim wasfiled originally as well
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`as a copy of the specification and claim with the correct Document Description.
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`
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`Il. 37 C.F.R.§1.53(b
`
`37 C.B.R. § 1.53(b) recites in part:
`
`Thefiling date of an application for a design patentfiled underthis section,
`except for a continued prosecution application under paragraph (d) ofthis section,
`is the date on which the specification as prescribed by 35 U.S.C. 112, including at
`least one claim, and any required drawings are received in the Office.
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`
`
`Ill. Applicant Has Met The Requirements Of 37 C.F.R.§1.53(b) And The
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`Application Is Entitled To The Filing Date Of
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`July
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`8, 2022
`
`
`
`Inventor(s):
`Application No.
`Filed
`Page
`
`: Damian James Reec Mycroft
`:
` 29/845,548
`:
`July 8, 2022
`: 4of4
`
`Attorney Docket No. 10851-034DX2
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`With this petition Applicant has shownthat the Application, as originally filed on July 8,
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`2022, included all of the elements required by 37 C.F.R. § 1.53(b) to receive a filing date of July
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`8, 2022. While the DocumentDescription in the electronic filing of the page containing the
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`Claim was mislabeled as “Drawing-only black and white line drawings”, the filing documents
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`nonetheless contained at least one claim. The USPTO recognizesthat applying a document
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`description to file has no legal relationship to the patent application. The USPTO also
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`recognizesthat the originally filed documents include 1 pages of claims.
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`Accordingly, Applicant respectfully submits that the Application is entitled to a filing
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`date of July 8, 2022.
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`IV.__
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`Refundof Petition Fee
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`Becauseall of the item(s) required in the Notice were submitted as part of the application
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`as originally filed on July 8, 2022, Applicant requests a refund ofthe petition fee.
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`V.
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`Conclusion
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`Because Applicant has metall of the requirements of 37 C.F.R. § 1.53(b) Applicantis
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`entitled to the filing date of July 8, 2022. Applicant therefore respectfully requests that the filing
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`date be changed to July 8, 2022.
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`Enclosed is payment of $420.00 for the petition fee under 37 C.F.R. §1.17() by way of
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`credit card. No additional fees are believed to be due; however, the Commissioneris hereby
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`authorized to charge any additional fees that may be required, or credit any overpayment, to
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`Deposit Account No. 50-5226.
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`Respectfully submitted,
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`MEUNIER CARLIN & CURFMAN LLC
`
`Date:
`
`
`
`July 15, 2022 /Brian C. Genco/
`Brian C. Genco
`Reg. No. 58,096
`
`Customer No. 149927
`docketing@meciplaw.com
`404.645.7700 Phone
`404.645.7707 Fax
`
`
