Petition To Accept An Unintentionally Delayed Claim Under 35 USC 119(e) {PTO-SB-445}

Doc Code: PET.OP Document Description: Petition for Review by the Office of Petitions PTO/SB/445 (05-18) Approved for use through 11/30/2020. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e) FOR THE BENEFIT OF A PRIOR-FILED PROVISONAL APPLICATION (37 CFR 1.78(c)) Page 1 of 4 First named inventor: Application No.: Art Unit: Filed: Examiner: Title: Attention: Office of Petitions Mail Stop Petition Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 FAX (571) 273-8300 NOTE: If information or assistance is needed in completing this form, please contact the Office of Petitions at (571) 272-3282. APPLICANT HEREBY PETITIONS FOR ACCEPTANCE OF AN UNINTENTIONALLY DELAYED BENEFIT CLAIM UNDER 37 CFR 1.78(c). NOTE: A grantable petition requires the following items: (1) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed provisional application, unless previously submitted; (2) the petition fee set forth in 37 CFR 1.17(m); and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) and the date the benefit claim was filed was unintentional. The Director may require additional information where there is a question as to whether the delay was unintentional. 1. The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the prior-filed provisional application The application was filed on or after September 16, 2012, and the reference is either set forth in the attached corrected ADS, or in a corrected ADS that was previously submitted. The application was filed prior to September 16, 2012, and the reference is either (1) set forth in a supplemental ADS, or (2) set forth in the attached amendment to the first sentence(s) of the specification, or (3) a supplemental ADS or amendment to the first sentence(s) of the specification was previously submitted. See 37 CFR 1.78(h). Reminders: Any ADS which corrects or updates the information of record must comply with 37 CFR 1.76(c)(2) (or for applications filed prior to September 16, 2012, pre-AIA 37 CFR 1.76(c)) The nonprovisional application must have been filed within 1 year of the filing date of the prior-filed provisional application except as provided in 37 CFR 1.78(b). See 37 CFR 1.78(a). 2. Petition fee Small entity fee $ (37 CFR 1.17(m)). Applicant asserts small entity status. See 37 CFR 1.27. Micro entity fee $ (37 CFR 1.17(m)). Applicant has established or is establishing micro entity status. See 37 CFR 1.29. Form PTO/SB/15A or B or equivalent must either be enclosed or have been submitted previously. Undiscounted fee $ (37 CFR 1.17(m)). This collection of information is required by 37 CFR 1.78(c). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11, 1.14 and 41.6. This collection is estimated to take 1 hour to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2. American LegalNet, Inc. www.FormsWorkFlow.com Doc Code: PET.OP Document Description: Petition for Review by the Office of Petitions PTO/SB/445 (12-17) Approved for use through 11/30/2020. OMB 0651-0032 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. PETITION TO ACCEPT AN UNINTENTIONALLY DELAYED CLAIM UNDER 35 U.S.C. 119(e) FOR THE BENEFIT OF A PRIOR-FILED PROVISIONAL APPLICATION (37 CFR 1.78(c)) Page 2 of 4 3. STATEMENT: The entire delay between the date the benefit claim was due under 37 CFR 1.78(a)(4) and the date the benefit claim was filed was unintentional. NOTE: The Director may require additional information where there is a question whether the delay was unintentional. WARNING: Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may contribute to identity theft. Personal information such as social security numbers, bank account numbers, or credit card numbers (other than a check or credit card authorization form PTO-2038 submitted for payment purposes) is never required by the USPTO to support a petition or an application. If this type of personal information is included in documents submitted to the USPTO, petitioners/applicants should consider redacting such personal information from the documents before submitting them to the USPTO. Petitioner/applicant is advised that the record of a patent application is available to the public after publication of the application (unless a non-publication request in compliance with 37 CFR 1.213(a) is made in the application) or issuance of a patent. Furthermore, the record from an abandoned application may also be available to the public if the application is referenced in a published application or an issued patent (see 37 CFR 1.14). Checks and credit card authorization forms PTO-2038 submitted for payment purposes are not retained in the application file and therefore are not publicly available. Signature* Date Typed or Printed Name Registration Number, if applicable Address Telephone Number Address * This petition must be signed in accordance with 37 CFR 1.33. Please see 37 CFR 1.4(d) for the signature requirements. Submit multiple forms if more than one signature is required. Enclosures: Application Data Sheet (see Instructions starting on page 3) Fee Other: CERTIFICATE OF MAILING OR TRANSMISSION [37 CFR 1.8(a)] I hereby certify that this correspondence is being: Deposited with the United States Postal Service on the date shown below with sufficient postage as first class mail in an envelope addressed to: Mail Stop Petition, Commissioner for Patents, P. O. Box 1450, Alexandria, VA 22313-1450. Transmitted by EFS-Web or by fax on the date shown below to the United States Patent and Trademark Office at (571) 273-8300. Date Signature Typed or printed name of person signing certificate American LegalNet, Inc. www.FormsWorkFlow.com Instructions for Petition to Accept an Unintentionally Delayed Claim under 35 U.S.C. 119(e) for the Benefit of a Prior-Filed Provisional Application (37 CFR 1.78(c)) (Not to be Submitted to the USPTO) Note: This form is for unintentionally delayed benefit claims to provisional application(s) only 1. The reference required by 35 U.S.C. 119(e) and 37 CFR 1.78(a)(3) to the provisional application a. For applications filed on or after September 16, 2012, the reference must be set forth in a corrected ADS. Note: Any ADS filed after the filing of the application is considered a corrected (or updated) ADS even if an ADS was not previously submitted. A corrected ADS must identify the information that is being changed with underlining for insertions and strike-through or brackets for text removed. In general, the identification of the information being changed should be made relative to the most recent filing receipt. For example, where the most recent filing receipt for the application shows no benefit claim, the entire benefit claim must be shown with underlining in the corrected ADS. In addition, if the ADS identified an incorrect provisional application number and the most recent filing receipt included the incorrect provisional application number, the