PTO/SB/65 (03-09) Approved for use through 03/31/2012. OMB 0651-0016 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 UNAVOIDABLY DELAYED PAYMENT OF MAINTENANCE FEE IN AN EXPIRED PATENT (37 CFR 1.378(b)) Mail to: Mail Stop Petition Commissioner for Patents P.O. Box 1450 Alexandria VA 22313-1450 Fax: (571) 273-8300 Docket Number (Optional) NOTE: If information or assistance is needed in completing this form, please contact Petitions Information at (571) 272-3282. Patent Number: Issue Date: CAUTION: Application Number: Filing Date: Maintenance fee (and surcharge, if any) payment must correctly identify: (1) the patent number (or reissue patent number, if a reissue) and (2) the application number of the actual U.S. application (or reissue application) leading to issuance of that patent to ensure the fee(s) is/are associated with the correct patent. 37 CFR 1.366(c) and (d). Also complete the following information, if applicable: The above-identified patent: is a reissue of original Patent No. original application number original filing date . original issue date , ; resulted from the entry into the U.S. under 35 U.S.C. 371 of international application filed on . CERTIFICATE OF MAILING OR TRANSMISSION (37 CFR 1.8(a)) I hereby certify that this paper (along with any paper referred to as being attached or enclosed) is (1) 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 223131450 OR (2) transmitted by facsimile on the date shown below to the United States Patent and Trademark Office at (571) 2738300. Date Signature Typed or printed name of person signing Certificate [Page 1 of 4] This collection of information is required by 37 CFR 1.378(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 8 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. 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 PTO/SB/65 (03-09) Approved for use through 03/31/2012. OMB 0651-0016 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. 1. SMALL ENTITY Patentee claims, or has previously claimed, small entity status. See 37 CFR 1.27 2. LOSS OF ENTITLEMENT TO SMALL ENTITY STATUS Patentee is no longer entitled to small entity status. See 37 CFR 1.27(g) 3. MAINTENANCE FEE (37 CFR 1.20(e)-(g)) The appropriate maintenance fee must be submitted with this petition, unless it was paid earlier. NOT Small Entity Amount $ $ $ Fee 3 ½ yr fee 7 ½ yr fee 11 ½ yr fee (Code) (1551) (1552) (1553) Amount $ $ $ Small Entity Fee 3 ½ yr fee 7 ½ yr fee 11 ½ yr fee (Code) (2551) (2552) (2553) MAINTENANCE FEE BEING SUBMITTED $ 4. SURCHARGE The surcharge required by 37 CFR 1.20(i)(1) of $ (Fee Code 1557) must be paid as a condition of accepting unavoidably delayed payment of the maintenance fee. SURCHARGE FEE BEING SUBMITTED $ 5. MANNER OF PAYMENT Enclosed is a check for the sum of $ Please charge Deposit Account No. Payment by credit card. Form PTO-2038 is attached. the sum of $ . 6. AUTHORIZATION TO CHARGE ANY FEE DEFICIENCY The Director is hereby authorized to charge any maintenance fee, surcharge or petition fee deficiency to Deposit Account No. . [Page 2 of 4] American LegalNet, Inc. www.FormsWorkflow.com PTO/SB/65 (03-09) Approved for use through 03/31/2012. OMB 0651-0016 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. 7. OVERPAYMENT As to any overpayment made, please Credit to Deposit Account No. OR Send refund check 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 PTO2038 submitted for payment purposes are not retained in the application file and therefore are not publicly available. 8. SHOWING The enclosed statement will show that the delay in timely payment of the maintenance fee was unavoidable since reasonable care was taken to ensure that the maintenance fee would be paid timely and that this petition is being filed promptly after the patentee was notified of, or otherwise became aware of, the expiration of the patent. The statement must enumerate the steps taken to ensure ti