US20180247698A1 Patent Application is Crashing on Prior art - Springer Book chapter 5 published in 2010

Question

This US Patent application is from the Korean patent KR101872823, granted to Korean University 2018-06-29. Patent title is 'Method for SRAM Yield Estimiation'. The same idea had been published by IBM in 2010, in a Spring book Chapter 5. Book title is 'Extreme Statistics in Nanoscale Memory Design'. Chapter 5 title is 'Direct SRAM Operation Margins Computation with Random Skews of Device Characteristics'. http://www.springerlink.com/content/978-1-4419-6605-6/#section=775974&page=5&locus=85

How can this information be passed to USPTO, to avoid possible future exclusion of IBM prior art which had been standard practice in IBM & partners for over 10 years.

Answer 1

35 U.S.C. 122(e) provides a mechanism for third parties to submit patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application with a concise description of the asserted relevance of each document submitted.

Under 35 U.S.C. 122(e), such submissions may be made before (1) the later of (i) 6 months after the date of publication or (ii) the date of a first Office action on the merits rejecting any claims, or (2) before the date of a notice of allowance, if earlier. Section 122(e) also provides for such fees as the Director may prescribe. This new provision was effective on September 16, 2012, and applies to any patent application.

As the patent Publication date was Aug 30, 2018 the third party observation could be submitted before Feb 28, 2019 under (1)(i) as there was no office action under (1)(ii), or you still have time till an issue of notice of allowance under (2).

IF you wish to submit a Third party observation to USPTO please use the Hyper link. Please refer the Quick reference Guide how to submit the obeservations.

Note :There might be a nominal fee for submitting observations.