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Certification And Request For Consideration Under The Post-Prosecution Pilot Program (P3) {PTO-SB-444}
This is a Official Federal Forms form that can be used for Patent within US Patent Office.
Last updated: 8/2/2016
Description
PTO/SB/444 (07-16) CERTIFICATION AND REQUEST FOR CONSIDERATION UNDER THE POST-PROSECUTION PILOT PROGRAM (P3) Practitioner Docket No.: Application No.: Filing Date: First Named Inventor: Title: APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS CONSIDERATION UNDER THE P3 OF THE ACCOMPANYING RESPONSE UNDER 37 CFR 1.116. 1. The above-identified application is (i) an original utility non-provisional application filed under 35 U.S.C. 111(a), (ii) an international utility application that has entered the national stage in compliance with 35 U.S.C. 371(c), or (iii) a continuing utility application (e.g., a continuation or divisional application). The above-identified application contains an outstanding final rejection. This request is being filed within two (2) months from the mailing date of the final rejection and prior to filing a notice of appeal. Submitted herewith is a response under 37 CFR 1.116 to the outstanding final rejection. The response, exclusive of any amendment, comprises no more than five (5) pages of arguments. (OPTIONAL) The response also includes a proposed non-broadening amendment to a claim(s). 5. 6. 2. 3. 4. Applicant is willing and available to participate in the P3 conference. This request is being filed electronically using the Office's electronic filing system (EFS-Web). Reissue, design, and plant applications, as well as reexamination proceedings, are not eligible to participate in the P3. There is no fee required to request consideration under the P3. Entry of any proposed amendment, affidavit, or other evidence after a final Office action is governed by 37 CFR 1.116. See MPEP 714.12. If applicant is unable to schedule the conference within ten calendar days from the date the Office first contacts applicant, the request will be deemed improper. If a request is deemed improper for any reason, a conference will not be held. The response and any proposed amendment filed with the request will be treated under 37 CFR 1.116 in the same manner as any non-P3 response to a final rejection. Once a P3 request has been accepted, no additional response under 37 CFR 1.116 to the same final rejection will be entered, unless the examiner has requested the additional response because the examiner agrees that it would place the application in condition for allowance. The filing of a P3 request will not toll the six-month statutory period for reply to the final rejection. To avoid abandonment, further action, such as the filing of a notice of appeal or RCE, will need to be taken within the sixmonth statutory period for responding to the final rejection, unless applicant receives written notice from the Office that the application has been allowed or that prosecution is being reopened. Date Practitioner Registration No. APPLICANT HEREBY ACKNOWLEDGES THE FOLLOWING: Signature Name (Printed/Typed) Note: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications. Submit multiple forms if more than one signature is required, see below*. * Total of ________ forms are submitted. American LegalNet, Inc. www.FormsWorkFlow.com Privacy Act Statement The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent. The information provided by you in this form will be subject to the following routine uses: 1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m). A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)). A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals. A record from this system of records may be disclosed, as a routine use, to the public after either publication o
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