sb0029 (to OMB)

PTO/SB/29 (07-14)

Approved for use through xx/xx/xxxx. OMB 0651-0032

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

FOR DESIGN APPLICATIONS ONLY:

CONTINUED PROSECUTION APPLICATION (CPA) REQUEST TRANSMITTAL

(Only for Continuation or Divisional applications under 37 CFR 1.53(b))

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

ADDRESS TO:

Commissioner for Patents

P.O. Box 1450

Alexandria, VA 22313-1450

Attorney Docket No. of Prior Application
First Named Inventor
Examiner Name
Art Unit
Express Mail Label No.

This is a request for a continuation or Divisional application under 37 CFR 1.53(d), (continued prosecution application (CPA)) of prior application number ______________________________________________________, filed on ___________________, entitled ______________________________________________________________________________.

NOTES

A CPA may only be filed in a design application. A CPA cannot be filed in a utility or plant application. See “Elimination of Continued Prosecution Application Practice as to Utility and Plant Applications; Final Rule,” 68 FR 32376 (May 30, 2003). Applicant may consider filing a Request for Continued Examination (RCE) under 37 CFR 1.114 in utility or plant applications. See MPEP 706.07(h) and form PTO/SB/30.

Filing Qualifications: The prior application identified above must be a design application, but not an international design application, that is complete as defined by 37 CFR 1.51(b), except for the inventor’s oath or declaration if the application is filed on or after September 16, 2012, and the prior nonprovisional application contains an application data sheet meeting the conditions specified in 37 CFR 1.53(f)(3)(i).

C-I-P NOT PERMITTED: A continuation-in-part application cannot be filed as a CPA under 37 CFR 1.53(d), but must be filed under 37 CFR 1.53(b).

EXPRESS ABANDONMENT OF PRIOR APPLICATION: The filing of this CPA is a request to expressly abandon the prior application as of the filing date of the request for a CPA. 37 CFR 1.53(b) must be used to file a continuation, divisional, or continuation-in-part of an application that is not to be abandoned.

ACCESS TO PRIOR APPLICATION: The filing of this CPA will be construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to access to, copies of, or information concerning, the prior application may be given similar access to, copies of, or similar information concerning, the other application or applications in the file.

35 U.S.C. 120 STATEMENT: In a CPA, no reference to the prior application is needed in the first sentence of the specification and none should be submitted. If a sentence referencing the prior application is submitted, it will not be entered. A request for a CPA is the specific reference required by 35 U.S.C. 120 and to every application assigned the application number identified in such request, 37 CFR 1.78(d).

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.

1. Enter the unentered amendment previously filed on _________________________under 37 CFR 1 .116 in the prior design application.

2. A preliminary amendment is enclosed.

3. This application is filed by fewer than all the inventor(s) named in the prior application, 37 CFR 1.53(d)(4).

a. DELETE the following inventor(s) named in the prior design application: _____________________________________________________________ _____________________________________________________________

b. The inventor(s) to be deleted are set forth on a separate sheet attached hereto.

4. A new power of attorney (PTO/SB/81) is enclosed.

5. Information Disclosure Statement (IDS) is enclosed;

a. PTO/SB/08, PTO-1449 or equivalent

b. Copies of IDS Citations

Page 1 of 2

This collection of information is required by 37 CFR 1.53(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 12 minutes 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: 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/29 (07-14)

Approved for use through xx/xx/xxxx. 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

6. Applicant asserts small entity status. See 37 CFR 1.27. 7. Applicant certifies micro entity status. See 37 CFR 1.29. Form PTO/SB/15A or B or equivalent must be enclosed or have been previously submitted. 8. The Director is hereby authorized to credit overpayments or charge the following fees to Deposit Account No. ____________________________________________________: Fees required under 37 CFR 1.16 Fees required under 37 CFR 1.17 Fees required under 37 CFR 1.18 9. A check in the amount of $____________________________ is enclosed. 10. Payment by credit card. Form PTO-2038 is attached. 11. Applicant requests suspension of action under 37 CFR 1.103(b) for a period of ____________months (not to exceed 3 months) and the fee under 37 CFR 1.17(i) is enclosed. 12. New Attorney Docket Number, if desired _____________________________________________ [Prior application Attorney Docket Number will carry over to this CPA unless a new Attorney Docket Number has been provided herein.] 13. a. Receipt For Facsimile Transmitted CPA (PTO/SB/29A) b. Return Receipt Postcard (Should be specifically itemized. See MPEP 503) 14. Other:
NOTE:	The prior application’s correspondence address will carry over to this CPA UNLESS a new correspondence address is provided below.
15. NEW CORRESPONDENCE ADDRESS
The address associated with Customer Number:						Or New correspondence address below
Name
Address
City					State
Zip Code				Country		Email

15. SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT REQUIRED
Signature
Name (Print/Type)
Registration No. (Attorney/Agent)
Date
Telephone Number

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 disclosure of these records is required by the Freedom of Information Act.

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 inspection 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.