www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/698,818
`
`09/08/2017
`
`Hiroshi YAHATA
`
`P53362
`
`1236
`
`125331
`
`7590
`
`09/15/2022
`
`Panasonic Intellectual Property Corporation
`of America c/o Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, VA 20191
`
`EXAMINER
`
`YANG, NIEN
`
`ART UNIT
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/15/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`
`gbpatent @ gbpatent.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

` UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Panasonic Intellectual Property Corporation of America
`c/o Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, VA 20191
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.USpto.gov
`
`In re Application of
`PANASONIC INTELLECTUAL PROPERTY
`CORPORATION OF AMERICA
`Application No.: 15/698,818
`Filing Date: 08 September 2017
`Attorney Docket No.: P53362
`For: RECORDING MEDIUM, PLAYBACK
`METHOD, AND PLAYBACK DEVICE
`
`: DECISION ON PETITION
`: UNDER 37 CFR1.78(c)
`
`This is a decision on the petition under 37 CFR 1.78(c), filed May 20, 2022, to accept an
`unintentionally delayed claim under 35 U.S.C. 119(e) for the benefit of priority to one or more
`prior-filed provisional applications.
`
`Under 37 CFR 1.78(c), a petition to accept an unintentionally delayed claim under 35 U.S.C. 119(e)
`for the benefit of a prior-filed application must be accompaniedby:
`
`(i)
`
`the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the
`prior-filed application, unless previously submitted;
`
`Gi)
`
`the petition fee set forth in 37 CFR 1.17(m); and
`
`(ii) a statement that the entire delay between the date the claim was due under 37
`CFR 1.78(a)(4) and the date the claim wasfiled was unintentional. The Director
`may require additional information where there is a question whetherthe delay
`wasunintentional.
`
`In addition, where, as here, the application has issued as a patent, a petition under 37 CFR 1.78 may
`only be granted if accompanied by an appropriate Certificate of Correction adding the revised benefit
`claim to the patent. See MPEPsection 1481.03dD(A)(1).
`
`The present petition was accompanied by the required Certificate of Correction.
`
`With regard to item (i), a proper reference to the prior-filed application(s) has been included in an
`application data sheet as required by 37 CFR 1.78(a)(3).
`
`With regard to item (ii), the petition fee set forth in 37 CFR 1.17(m) has been submitted.
`
`With regard to item (iti), the petition contains a proper statement of unintentional delay. The Director
`may require additional information where there is a question whether the delay was unintentional.
`
`

`

`The USPTOrequires additional information concerning whether a delay in seeking acceptance of a
`delayed benefit claim was unintentional where the petition to accept such benefit claim wasfiled
`more than two years after the date the benefit claim was due. See Clarification of the Practice for
`Requiring Additional Information in Petitions Filed in Patent Applications and Patents Based on
`Unintentional Delay, 85 FR 12222 (March 2, 2020).
`
`In this instance, a petition under 37 CFR 1.78 wasfiled more than twoyears after the date the benefit
`claim was due. Therefore, applicant must provide sufficient information of the facts and
`circumstances surrounding the entire delay to support a conclusion that the entire delay was
`unintentional. Id. at 12223. The present petition adequately explains the facts and circumstances
`surrounding the entire delay.
`
`For the reasons above,the petition under 37 CFR 1.78(c) is GRANTED.
`
`Applicant is advised that the inclusion of a prior-filed application on any filing receipt should not be
`construed as meaning that the present application is necessarily entitled to the benefit of the
`prior-filed application. In order for an application to be entitled to the benefit of the prior-filed
`application, all other requirements under 35 U.S.C. 119(e) and 37 CFR 1.78 must be met.
`
`This matter is being referred to the Office of Publications for appropriate action.
`
`/AnthonySmith/
`ANTHONY SMITH
`Attorney Advisor
`International Patent Legal Administration
`(571)272-3298
`
`ATTACHMENT:corrected filing receipt
`
`