Form PTO/SB/64 Petition for Revival of an Application for Patent Abando

Doc Code: PET.OP
Document Description: Petition for Review by the Office of Petitions

PTO/SB/64 (07-09)
Approved for use through 07/31/2012. OMB 0651-0031
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 FOR REVIVAL OF AN APPLICATION FOR PATENT
ABANDONED UNINTENTIONALLY UNDER 37 CFR 1.137(b)

Docket Number (Optional)

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 Petitions
Information at (571) 272-3282.
The above-identified application became abandoned for failure to file a timely and proper reply to a notice or action by the
United States Patent and Trademark Office. The date of abandonment is the day after the expiration date of the period set
for reply in the office notice or action plus any extensions of time actually obtained.
APPLICANT HEREBY PETITIONS FOR REVIVAL OF THIS APPLICATION
NOTE: A grantable petition requires the following items:
(1) Petition fee;
(2) Reply and/or issue fee;
(3) Terminal disclaimer with disclaimer fee - required for all utility and plant applications filed
before June 8, 1995; and for all design applications; and
(4) Statement that the entire delay was unintentional
1. Petition Fee
Small entity-fee $

(37 CFR 1.17(m)). Application claims small entity status. See 37 CFR 1.27.

Other than small entity-fee $

(37 CFR 1.17(m))

2. Reply and/or fee
A.
The reply and/or fee to the above-noted Office action in
the form of
has been filed previously on

(identify type of reply):
.

is enclosed herewith.
B.

The issue fee and publication fee (if applicable) of $
has been paid previously on

.
.

is enclosed herewith.
[Page 1 of 2]
This collection of information is required by 37 CFR 1.137(b). 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 and 1.14. This collection is estimated to take 1.0 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.

PTO/SB/64 (07-09)
Approved for use through 07/31/2012. OMB 0651-0031
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

3. Terminal disclaimer with disclaimer fee
Since this utility/plant application was filed on or after June 8, 1995, no terminal disclaimer is required.
A terminal disclaimer (and disclaimer fee (37 CFR 1.20(d)) of $
for a small entity or $
other than a small entity) disclaiming the required period of time is enclosed herewith (see PTO/SB/63).

for

4. STATEMENT: The entire delay in filing the required reply from the due date for the required reply until the filing of a
grantable petition under 37 CFR 1.137(b) was unintentional. [NOTE: The United States Patent and Trademark Office may
require additional information if there is a question as to whether either the abandonment or the delay in filing a petition
under 37 CFR 1.137(b) was unintentional (MPEP 711.03(c), subsections (III)(C) and (D)).]

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

Type or Printed name

Registration Number, If applicable

Address

Telephone Number

Address
Enclosures:

Fee Payment
Reply
Terminal Disclaimer Form
Additional sheets containing statements establishing unintentional delay
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 facsimile on the date shown below to the United States Patent and Trademark Office
at (571) 273-8300.
Signature

Date

Typed or printed name of person signing certificate
[Page 2 of 2]

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 the Freedom of Information Act requires disclosure of these records.
2. 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.
3. 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.
4. 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).
5. 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.
6. 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)).
7. 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.
8. A record from this system of records may be disclosed, as a routine use, to the public
after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a
patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the
limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an
application which became abandoned or in which the proceedings were terminated and
which application is referenced by either a published application, an application open to
public inspections or an issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal,
State, or local law enforcement agency, if the USPTO becomes aware of a violation or
potential violation of law or regulation.