Form PTO/SB/57 Request for Ex Parte Reexamination Transmittal Form

PTO/SB/57 (06-25)

Approved for use through XX/XX/XXXX. OMB 0651-0064

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.

(Also referred to as FORM PTO-1465)

REQUEST FOR EX PARTE REEXAMINATION TRANSMITTAL FORM

File via the USPTO patent electronic filing system, or send to:

Mail Stop Ex Parte Reexam

Commissioner for Patents Attorney Docket No.: __________________

P.O. Box 1450

Alexandria, VA 22313-1450 Date: ______________________________

1. This is a request for ex parte reexamination pursuant to 37 CFR 1.510 of patent number _________________

issued ________________________. The request is made by patent owner. third party requester.

2. The name and address of the person requesting reexamination is:

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

3. Requester asserts small entity status (37 CFR 1.27) or certifies micro entity status (37 CFR 1.29). Only a patent owner requester can certify micro entity status. Form PTO/SB/15A or B must be attached to certify micro entity status.

4. This request is accompanied by payment of the reexamination fee as set forth in:

37 CFR 1.20(c)(2); or

37 CFR 1.20(c)(1). In checking this box for payment of the fee set forth in 37 CFR 1.20(c)(1), requester asserts that this request has forty (40) or fewer pages and complies with all other requirements of 37 CFR 1.20(c)(1).

Payment of the reexamination fee is made by the method set forth below.

a. A check in the amount of $_______________ is enclosed to cover the reexamination fee;

b. The Director is hereby authorized to charge the reexamination fee

to Deposit Account No. ________________________;

c. Payment by credit card. Form PTO-2038 is attached; or

d. Payment made via the USPTO patent electronic filing system.

In addition, the Director is hereby authorized to charge any fee deficiencies to

Deposit Account No. ________________________.

5. Any refund should be made by check or credit to Deposit Account No.__________________.

37 CFR 1.26(c). If payment is made by credit card, refund must be to credit card account.

6. A copy of the patent to be reexamined having a double column format on one side of a separate paper is enclosed. 37 CFR 1.510(b)(4).

7. CD-ROM or CD-R in duplicate, Computer Program (Appendix) or large table

Landscape Table on CD

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A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with an information collection subject to the requirements of the Paperwork Reduction Act of 1995, unless the information collection has a currently valid OMB Control Number. The OMB Control Number for this information collection is 0651-0064. Public burden for this form is estimated to average 55 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the information collection. Send comments regarding this burden estimate or any other aspect of this information collection, including suggestions for reducing this burden to the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, or email InformationCollection@uspto.gov. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. Submit fees or completed forms via the USPTO patent electronic filing system, or send to: 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/57 (06-25)

Approved for use through 11/30/2027. OMB 0651-0064

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.

8. Nucleotide and/or Amino Acid Sequence Submission

If applicable, items a. – c. are required.

a. Computer Readable Form (CRF)

b. Specification Sequence Listing on:

i. CD-ROM (2 copies) or CD-R (2 copies) or

ii. paper

c. Statements verifying identity of above copies.

9. A copy of any disclaimer, certificate of correction or reexamination certificate issued in the patent is included.

10. Reexamination of claim(s) _______________________________________________________ is requested.

11. A copy of every patent or printed publication relied upon is submitted herewith including a listing thereof on Form PTO/SB/08, PTO-1449, or equivalent.

12. An English language translation of all necessary and pertinent non-English language patents and/or printed publications is attached.

13. The attached detailed request includes at least the following items:

a. A statement identifying each substantial new question of patentability based on prior patents and printed publications. 37 CFR 1.510(b)(1).

b. An identification of every claim for which reexamination is requested, and a detailed explanation of the pertinency and manner of applying the cited art to every claim for which reexamination is requested. 37 CFR1.510(b)(2).

14. A proposed amendment is included (only where the patent owner is the requester). 37 CFR 1.510(e).

15. It is certified that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) do not prohibit requester from filing this ex parte reexamination request. 37 CFR 1.510(b)(6).

16. Service

a. In accordance with 37 CFR 1.510(b)(5), it is certified that a copy of this request (if filed by other than the patent owner) has been served in its entirety on the patent owner at the address provided in 37 CFR 1.33(c), in a manner of service compliant with 37 CFR 1.248.

The name and address of the party served are:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Date of Service: ___________________________________________________________________

Manner of Service under 37 CFR 1.248:

By delivering a copy of the paper to the person served.

By leaving a copy at the usual place of business of the person served with someone in his employment.

When the person served has no usual place of business, by leaving a copy at the person’s residence, with some person of suitable age and discretion who resides there.

Transmission by first class mail. When service is by mail the date of mailing will be regarded as the date of service.

OR

b. Service on the patent owner was not possible. An explanation of the efforts made to serve patent owner is attached. See MPEP 2220. A duplicate copy of the request is also attached, unless the request is filed using the USPTO patent electronic filing system.

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PTO/SB/57 (06-25)

Approved for use through 11/30/2027. OMB 0651-0064

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.

17. Correspondence Address: Direct all communication about the reexamination to: The address associated with Customer Number: OR Firm or Individual Name ____________________________________________________________________ (at the address identified below)
Address
City		State	Zip
Country
Telephone	Email
18. The patent is currently the subject of the following concurrent proceeding(s): a. Copending reissue Application No. ______________________________________________ b. Copending reexamination Control No. ______________________________________________ c. Copending Interference No. ______________________________________________ d. Copending litigation styled: ____________________________________________________________________________ ____________________________________________________________________________ WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card information and authorization on PTO-2038. __________________________________________________ ___________________________ Authorized Signature Date __________________________________________________ ___________________________ Typed/Printed Name Registration No. For Patent Owner Requester For Third Party Requester

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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. The United States Patent and Trademark Office (USPTO) collects this information under authority of 35 U.S.C. 2. The information in this system of records is used to manage all records of applicant including name, citizenship, residence, post office address and other information with respect to inventors and their legal representatives pertaining to the applicant's activities in connection with the invention for which a patent is sought. This information is protected from disclosure to third parties in accordance with the Privacy Act.

However, routine uses of this information may include disclosure to the following: to law enforcement and investigation in the event that the system of records indicates a violation or potential violation of law; to a Federal, state, local, or international agency, in response to its request; to an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law; to non-federal personnel under contract to the agency; to a court for adjudication and litigation; to the Department of Justice for Freedom of Information Act (FOIA) assistance; to members of congress working on behalf of an individual; to the Office of Personnel Management (OPM) for personnel research purposes; to National Archives and Records Administration for inspection of records; and to the Office of Management and Budget (OMB)for legislative coordination and clearance. Failure to provide any part of the requested information may result in an inability to process requests for access and information. The applicable Privacy Act System of Records Notice for this information is COMMERCE/PAT-TM-7 Patent Application Files, available at Federal Register /Vol. 78, No. 61 / Friday, March 29, 2013 /Notices 19243. https://www.govinfo.gov/content/pkg/FR-2013-03-29/pdf/2013-07341.pdf