Re: Snippet ( 6) - Inter Parte Review - Patent owner response-DONI
in response to
by
posted on
Apr 14, 2016 10:14AM
"WHEN YOU MAKE YOUR POINT ABOUT "WE HAVE TO DEFEND AGAINST PRIOR ART THAT CAN'T SEEM TO BE JUSTIFIED BY THE USPTO"
If you review the material I posted....RE: the applications submitted by Miluzzo to the USPTO...
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The prior art contension of Mulizzo is WO 2009/043020... all beholding to US continuity issues listed below:
Application type provisional 60/976,371....filed 09-28-2007.... Expired...... 10-5-2008...never filed a nonprovisional to preserve the early filing date...see reference below.
Application type utility 12/680,492.............filed 08-09-2010(3 years after provisional see reference below) abandoned... 12-1-2014
Application type PCT/US08/78148A2 filed 09-29-2008 for WO 2009/043020.............Application Undergoing Preexam Processing... status ....09-29-2008...(8 years?)
Application type PCT/US08/78148A3 filed for WO 2009/043020.............Unable to locate A3 via PAIR
Status on WIPO....for WO 2009/043020... Link The status of this WO publication leans on the provisional US 60/976,371, however, this US consideration never meet a direct nonprovisional status Under United States patent law to keep the early filing date.
However, in nondirect fashion, Application type PCT/US08/78148A2 filed to the USPTO 09-29-2008 being one year and one day too late of the provisional filing 09-28-2007...can this application be considered a nonprovisional type application that meets Under United States patent law in preserving the provisional filing date? Perhaps sman can dig that up. In any event this application has been stuck in limbo as far as PAIR reports.....8 years.
Application Utility patent: Utility Patent- Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent ...
Application Provisional patent: Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year.
Application PCT patent: The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
As it looks to me, the applications of Miluzzo to the USPTO under varying methods can't seem to be justified by the USPTO....or the PAIR records are terribly messy.
doni