Form PTO/SB/28 Petition to Make Special Under Accelerated Examination P

Certain Patent Petitions Requiring a Fee (formerly Patent Petitions Corresponding to the Fee Under 37 CFR 1.17(f))

sb0028_fill

Petitions to Make Special under Accelerated Examination Program (EFS-Web only)

OMB: 0651-0059

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Doc Code: PET.SPRE.ACX
Doc Description: Petition for 12-month Accelerated Exam

PTO/SB/28 (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 TO MAKE SPECIAL UNDER ACCELERATED EXAMINATION PROGRAM
Attorney Docket
Number

First Named
Inventor

Application Number (if Known)
Title of
Invention
APPLICANT HEREBY PETITIONS TO MAKE THE ABOVE-IDENTIFIED APPLICATION SPECIAL UNDER THE
REVISED ACCELERATED EXAMINATION PROGRAM. See Instruction sheet on page 3.
Claims of the application:
1.
a. The application must contain three (3) or fewer independent claims and twenty (20) or fewer total claims. The
application may not contain any multiple dependent claims.

Applicant hereby agrees not to separately argue the patentability of any dependent claim during any
appeal in the application. Specifically, the applicant agrees that the dependent claims will be grouped together
with and not argued separately from the independent claim from which they depend in any appeal brief filed in
the application (37 CFR 41.37(c)(1)(vii)).

The claims must be directed to a single invention.

Interviews:
Applicant hereby agrees to have (if requested by examiner):
a. An interview (including an interview before a first Office action) to discuss the prior art and any potential
rejections or objections with the intention of clarifying and possibly resolving all issues with respect to
patentability at that time, and
b.

A telephonic interview to make an election without traverse if the Office determines that the claims are not
obviously directed to a single invention.

Preexamination Search Statement and Accelerated Examination Support Document:
With this petition, applicant is providing: a preexamination search statement, in compliance with the requirements
set forth in item 8 of the instruction sheet, and an “accelerated examination support document” that includes:
a. An information disclosure statement in compliance with 37 CFR 1.98 citing each reference deemed most
closely related to the subject matter of each of the claims;
b.

For each reference cited, an identification of all the limitations of the claims that are disclosed by the
reference specifying where the limitation is disclosed in the cited reference;

A detailed explanation of how each of the claims are patentable over the references cited with the
particularity required by 37 CFR 1.111(b) and (c);

A concise statement of the utility of the invention as defined in each of the independent claims (unless the
application is a design application);

An identification of any cited references that may be disqualified as prior art under 35 U.S.C. 103(c) as
amended by the CREATE act; and

A showing of where each limitation of the claims finds support under the first paragraph of 35 U.S.C.
112 in the written description of the specification. If applicable, the showing must also identify: (1) each means(or step-) plus-function claim element that invokes consideration under 35 U.S.C. 112, ¶6; and (2) the structure,
material, or acts that correspond to any means- (or step-) plus-function claim element that invokes
consideration under 35 U.S.C. 112, ¶6. If the application claims the benefit of one or more applications under
title 35, United St ates Code, the showing must also include where each limitation of the claims finds support
under the first paragraph of 35 U.S.C. 112 in each such application in which such support exists.

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 form is estimated to take 12 hours 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. If you need assistance in completing the form, call

1-800-PTO-9199 and select option 2.
EFS Web 2.2.20

Doc Code: PET.SPRE.ACX
Doc Description: Petition for 12-month Accelerated Exam

PETITION TO MAKE SPECIAL UNDER ACCELERATED EXAMINATION PROGRAM
(Continued)
Attorney Docket
Number

First Named
Inventor

Attachments:
a.

Accelerated Examination Support Document (see item 3 above).

A statement, in compliance with the requirements set forth in item 8 of the instruction sheet, detailing the preexamination
search which was conducted.

Information Disclosure Statement.
Other (e.g., a statement that the claimed subject matter is directed to environmental quality, energy, or
countering terrorism (37 CFR 1.102(c)(2)).

Fees: The following fees must be filed electronically via EFS or EFS-Web:
a.

The basic filing fee, search fee, examination fee, and application size fee (if required) under 37 CFR 1.16.

Petition fee under 37 CFR 1.17(h) - unless the petition is filed with a showing under 37 CFR 1.102(c)(2).

Signature:
Remove

Click Remove if you wish to remove this signatory
Signature

Date

Name
(Print/Typed)

Registration
Number

Click Add if you wish to add additional signatory

Add

Note: Signatures of all the inventors or assignees of record of the entire interest or their representative(s) are required in accordance with 37 CFR 1.33 and 10.18. Please
see 37 CFR 1.4(d) for the form of the signature.

EFS Web 2.2.20

Doc Code: PET.SPRE.ACX
Doc Description: Petition for 12-month Accelerated Exam

Instruction Sheet Petition to Make Special Under the Accelerated Examination
A grantable petition must meet the following conditions:

1. The petition to make special under the accelerated examination program must be filed with the application and accompanied by the
fee set forth in 37 CFR 1.17(h) or a statement that the claimed subject matter is directed to environmental quality, energy, or
countering terrorism.
2. The application must be a non-reissue utility or design application filed under 35 U.S.C. 111(a).
3. The application must be filed electronically using the Office electronic filing system (EFS) or EFS-Web.
4. The application must be complete under 37 CFR 1.51 and in condition for examination on filing. For example, the application must be
filed together with the basic filing fee, search fee, examination fee, and application size fee (if applicable), and an oath or declaration
under 37 CFR 1.63.
5. The application must contain three (3) or fewer independent claims and twenty (20) or fewer total claims. The application may not
contain any multiple dependent claims. The petition must include a statement that applicant will agree not to separately argue the
patentability of any dependent claim during any appeal in the application. Specifically, the applicant is agreeing that the
dependent claims will be grouped together with and not argued separately from the independent claim from which they depend in any
appeal brief filed in the application (37 CFR 41.37(c)(1)(vii)).
6. The claims must be directed to a single invention. The petition must include a statement that applicant will agree to have a
telephonic interview to make an election without traverse in a telephonic interview if the Office determines that all the claims are not
directed to a single invention.
7. The petition must include a statement that applicant will agree to have an interview (including an interview before a first Office action)
to discuss the prior art and any potential rejections or objections with the intention of clarifying and possibly resolving all issues with
respect to patentability at that time.
8. At the time of filing, applicant must provide a statement that a preexamination search was conducted, including an identification of
the field of search by United States class and subclass and the date of the search, where applicable, and, for database searches, the
search logic or chemical structure or sequence used as a query, the name of the file or files searched and the database service, and
the date of the search.
a. This preexamination search must involve U.S. patents and patent application publications, foreign patent documents, and nonpatent
literature, unless the applicant can justify with reasonable certainty that no references more pertinent than those already
identified are likely to be found in the eliminated source and includes such a justification with this statement.
b. This preexamination search must be directed to the claimed invention and encompass all of the features of the independent claims,
giving the claims the broadest reasonable interpretation.
c. The preexamination search must also encompass the disclosed features that may be claimed, in that an amendment to the claims
(including any new claim) that is not encompassed by the preexamination search will be treated as non-responsive and will not be
entered.
d. A search report from a foreign patent office will not be accepted unless the search report satisfies the requirements set forth above.
e. Any statement in support of a petition to make special must be based on a good faith belief that the preexamination search was
conducted in compliance with these requirement. See 37 CFR 1.56 and 10.18.
9. At the time of filing, applicant must provide in support of the petition an accelerated examination support document that includes:

a. An information disclosure statement in compliance with 37 CFR 1.98 citing each reference deemed most closely
related to the
subject matter of each of the claims;
b. For each reference cited, an identification of all the limitations of the claims that are disclosed by the reference specifying
where the limitation is disclosed in the cited reference;
c. A detailed explanation of how each of the claims are patentable over the references cited with the particularity required by 37
CFR 1.111(b) and (c);
d. A concise statement of the utility of the invention as defined in each of the independent claims (unless the application is a
design application);
e. An identification of any cited references that may be disqualified as prior art under 35 U.S.C. 103(c) as am ende d by the CREATE
act; and
f. A showing of where each limitation of the claims finds support under the first paragraph of 35 U.S.C. 112 in the written
description of the specification. If applicable, the showing must also identify: (1) each means- (or step-) plus-function claim
element that invokes consideration under 35 U.S.C. 112, ¶6; and (2) the structure, material, or acts that correspond to any means(or step-) plus-function claim element that invokes consideration under 35 U.S.C. 112, ¶6. If the application claims the benefit of
one or more applications under title 35, United States Code, the showing must also include where each limitation of the claims
finds support under the first paragraph of 35 U.S.C. 112 in each such application in which such support exists.
For more information, see notice “Changes to Practice for Petitions in Patent Applications to Make Special and for Accelerated
Examination” available on the USPTO web site at http://www.uspto.gov/web/office s/pac/dapp/ogsheet.html

EFS Web 2.2.20

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 Fr eedom of Information Act requires disclosure of these records.

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a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

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(35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).

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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
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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
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patent.

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.

EFS Web 2.2.20

File Type	application/pdf
File Modified	2009-07-23
File Created	2009-06-02