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The USPTO started allowing the public to submit prior art just last year. How will the public know if prior art that is submitted through the third party submission system was used to reject a patent application? Has any prior art submitted by the public been used?

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3 Answers 3

up vote 2 down vote accepted

As of December 5, 2012, the USPTO had received 3rd Party Submissions in 111 pending applications. I have listed these here:

APN 13057428 13145379 12829968 12940276 13036151 13409599 12832713 12914510 12940265 13367018 13403496 12793132 13133905 12027158 13146703 13284337 12901113 13276498 12949867 13030014 13061072 13238728 12911418 12987982 13308698 13465789 13270518 12708697 12980609 13198108 13205610 13370103 13330442 13331182 13331192 13027232 13370480 13458626 12896664 13072724 13212266 13214397 13331786 13062414 13444511 13460635 11946818 12890208 12890259 13061068 13062106 13316963 13325149 12882610 13143163 13193319 12908761 13129175 13281126 13179249 13328621 12946772 13052381 13401848 13039184 13280490 13354282 13354286 12950669 13043011 13052666 13214230 12731825 13101072 13280914 13280932 12899731 13280536 13331998 13354244 13354284 13354290 12899972 13280843 13413451 13536353 13196835 12856888 13092606 13305290 13064390 13281615 13487297 11883950 13486014 13016460 13126818 13161311 13208672 13273864 13160297 12726539 13024072 13069446 13265786 13319070 13551246 12917202 13376021 12895942 13493787

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Awesome, Dennis. –  Yorick Jan 22 '13 at 13:13

Paul Morgan has a good article posted here on this subject:

http://www.patentlyo.com/patent/2012/01/guest-post-should-you-submit-third-party-prior-art.html

If the prior art is used to reject a patent application, it will appear in the prosecution history. If an Office Action contains a rejection relying on that prior art, that prior art will be listed as cited art and discussed in the body of the Office Action. You can access on-line prosecution histories and filed documents for pending patent applications through public PAIR:

http://portal.uspto.gov/external/portal/pair

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Denis Crouch put together a nice list of the 111 pending applications for which the USPTO had received 3rd party submissions as of Dec, 2012.

I was curious as to:

  1. The subject of the pending applications which had stimulated 3rd party submission to the USPTO; and
  2. The assignee of these applications

The top three applicants were Lockheed Martin (5 applications), Valens Semiconductor (5 applications) and Ineos Bio (5 applications). Very few if any of the applications were related to software. Software is a technology area where StackOverflow can help a lot by soliciting, organizing and submitting third party prior art to the USPTO. The market doesn't seem to be doing this on its own yet.

Here is the list of pending applications, the assignees, the titles and the abstracts. (Abstracts truncated to fit StackExchange).

US20120058247A1 ZHEJIANG GREEN WORLD BIO TECH ENGINEERING CO LTD | EPC BEIJING NATURAL PRODUCTS INC REBAUDIOSIDE A AND STEVIOSIDE COMPOSITIONS The invention describes stevia composi

US20120081108A1 WESTINGHOUSE ELECTRIC CORP NONDESTRUCTIVE INSPECTION METHOD FOR A HEAT EXCHANGER EMPLOYING ADAPTIVE NOISE THRESHOLDING A method of eddy current testing for flaws in a tube is provided that includes passing an eddy current probe through the tube and obtaining eddy current data for a

US20120117293A1 VALENS SEMICONDUCTOR LTD USB host adaptor for initiating a USB connection over a non-USB network Initiating, by USB host adaptors, USB connections over a non-USB network, including the steps of: Connecting non-collocated USB h

US20120117292A1 VALENS SEMICONDUCTOR LTD Method and system for initiating distinct USB connections over a network Connecting USB devices with USB hosts over distinct network paths, including the following steps: Connecting USB hosts wi

US20120117278A1 VALENS SEMICONDUCTOR LTD Method and system for partial USB enumeration and edge initiation Initiating USB-over-network connections based on partial USB enumeration, including the steps of: Discovering U

US20120117277A1 VALENS SEMICONDUCTOR LTD Method and system for USB addressing by a network adaptor Addressing, by USB host adaptors, packets conveying USB data over a non-USB network, including the steps of: Connecting USB hosts

US20120117276A1 VALENS SEMICONDUCTOR LTD USB device adaptor for initiating a USB connection over a non-USB network Initiating, by USB device adaptors, USB connections over a non-USB network, including the steps of: Connecting non-collocated USB

US20120068157A1 US GOV SEC NAVY Transistor Having Graphene Base A transistor device having a graphene base for the transport of electrons into a collector is provided. The transistor consists of a heterostructure comprising an electron e

US20110212467A1 UNIV SOUTHERN CALIFORNIA INHIBITORS OF dUTPase Evidence demonstrating that elevated expression of dUTPase protects breast cancer cells from the expansion of the intracellular

US20120107247A1 UNIV NEW JERSEY MED Proteins Expressed by Mycobacterium Tuberculosis and not by BCG and their Use as Diagnostic Reagents and Vaccines The present invention is directed to reage

US20120158354A1 TROXLER ELECTRONIC LAB INC METHODS, SYSTEMS, AND COMPUTER PROGRAM PRODUCTS FOR LOCATING AND TRACKING OBJECTS A system for locating and tracking an object is provided. The system includes a measuring device configured to det

US20080298695A1 TOSHIBA KK MOTION VECTOR DETECTING APPARATUS, MOTION VECTOR DETECTING METHOD AND INTERPOLATION FRAME CREATING APPARATUS According to one embodiment, a motion vector detecting apparatus performs block matching of

US20120021913A1 SYNGENTA CROP PROTECTION LLC TURF SAFE GRANULAR HERBICIDE FORMULATIONS The present invention relates to

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US20120195640A1 STATIC CONTROL COMPONENTS INC Systems & Methods for Remanufacturing Imaging Components A drive gear for a generally cylindrical imaging component. T

US20120214125A1 SS WHITE BURS INC ENDODONTIC BURS, KITS, AND METHODS FOR USING ENDODONTIC BURS A conical dental bur for endodontic procedures, including exploration, deep troughing, enlargement of orifices, and canal navigation is pres

US20120239808A1 SIPCO LLC SYSTEMS AND METHODS FOR CONTROLLING COMMUNICATION BETWEEN A HOST COMPUTER AND COMMUNICATION DEVICES An exemplary embodiment of the present invention provides a site controller for use in a

US20120111396A1 SIONYX INC Photovoltaic Devices and Associated Methods A method for making a semiconductor device includes providing a s

US20110165231A1 SCIOTEC DIAGNOSTIC TECHNOLOGIES GMBH Treatment of Fructose Malabsorption The present invention relates to

US20080254475A1 SANOFI AVENTIS DEUTSCHLAND NEMATODES AS MODEL ORGANISMS FOR THE INVESTIGATION OF NEURODEGENERATIVE DISEASES, IN PARTICULAR PARKINSONS DISEASE, USES AND METHODS FOR THE DISCOVERY OF SUBSTANCES AND GENES WHICH CAN USED IN THE TREATMENT OF THE ABOVE DISEASE STATES AND IDENTIFICATION OF A NEMATODE GENE The invention relates to nematodes as model organisms for the investigation of neurodegenerative diseases, in particular, Parkinsons disease, uses and meth

US20120129227A1 SANDIA CORP | UNIV CALIFORNIA THERMOSTABLE CELLULASES, AND MUTANTS THEREOF, CAPABLE OF HYDROLYZING CELLULOSE IN IONIC LIQUID The present invention provides for a composition comprising an ionic liquid and a thermostable cell

US20110088987A1 SAMSONITE IP HOLDINGS S A R L LUGGAGE PANEL WITH INTEGRATED CARRY HANDLE FOR SOFT-SIDE TYPE LUGGAGE CASES Luggage cases of the soft-side construction are perceived to be lighter than hard-side cases. However, many rigidifying elements in s

US20120121915A2 SAINT GOBAIN PROCESS FOR OBTAINING GLASS AND GLASS OBTAINED The object of the invention is a continuous method for obtaining glass, comprising steps consisting of charging raw materials upstream of a furnace, along which a p

US20110281078A1 SAINT GOBAIN TRANSPARENT GLASS SUBSTRATE AND PROCESS FOR MANUFACTURING SUCH A SUBSTRATE This transparent glass substrate has at least one face which is provided with a texturing formed by a plurality of geometric features in relief relative to a g

US20110135938A1 SAINT GOBAIN PROCESS FOR OBTAINING GLASS AND GLASS OBTAINED "The object of the invention is a continuous method for obtaining glass, comprising steps consisting of charging raw materials upstream of a furnace, along wh"

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US20120253494A1 N2IT HOLDING B V System and Method for Controlling a Digital Audio Source An apparatus for signal processing, wherein a disc is p

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US20120099395A1 LOCKHEED CORP DETECTING STRUCTURAL CHANGES TO UNDERWATER STRUCTURES A method and system that can be used for scanning underwater structures. The method and system allow a user to gain a better understanding of an underwater structure. For

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US20120101715A1 LOCKHEED CORP ESTIMATING POSITION AND ORIENTATION OF AN UNDERWATER VEHICLE BASED ON CORRELATED SENSOR DATA A method and system are described that can be used for combining two sources of position and orientation (pose) information where the information from one source is correlated with t

US20120099400A1 LOCKHEED CORP ESTIMATING POSITION AND ORIENTATION OF AN UNDERWATER VEHICLE RELATIVE TO UNDERWATER STRUCTURES A method and system that can be used for scanning underwater structures. For example, the method and system estimate a position and ori

US20120099399A1 LOCKHEED CORP SONAR DATA COLLECTION SYSTEM A system that can be used for inspecting underwater structures. The system allows a user to gain a better understanding of the condition of an underwater structure. The system is a self-

US20110261020A1 LG DISPLAY CO LTD | LG ELECTRONICS INC TOUCH PANEL, METHOD FOR DRIVING TOUCH PANEL, AND DISPLAY APPARATUS HAVING TOUCH PANEL A touch panel includes: a substrate; a plural

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US20110221151A1 KOBE STEEL LTD AUTOMOBILE SUSPENSION PART AND MANUFACTURING OF THE SAME A lightweight automobile suspension part having high strength is an aluminum alloy automobile

US20110186478A1 JX NIPPON OIL & ENERGY CORP PROCESS FOR PRODUCING NEEDLE COKE FOR GRAPHITE ELECTRODE AND STOCK OIL COMPOSITION FOR USE IN THE PROCESS The invention provides a stock oil composition for needle coke for a graphite electrode, the stock oil composition having a 10

US20120210638A1 INTERNAT GROWER S SUPPLY INC INDOOR GREENHOUSE Described herein is an indoor greenhouse that includes a rack unit, an outer layer that surrounds the rack unit and defines a greenhouse interior, at least one light surrounded by a l

US20120094349A1 INEOS BIO LTD Methods for Increasing the Production of Ethanol from Microbial Fermentation A stable continuous method for producing ethanol from the anaerobic bacterial fermentation of a gaseous substrate containing at least one reducing gas involves culturing in a f

US20120094346A1 INEOS BIO LTD METHODS FOR INCREASING THE PRODUCTION OF ETHANOL FROM MICROBIAL FERMENTATION A stable continuous method for producing ethanol from the anaerobic bacterial fermentation of a gaseous substrate containing at least one reducing gas involves culturing in a f

US20120088284A1 INEOS BIO LTD METHODS FOR INCREASING THE PRODUCTION OF ETHANOL FROM MICROBIAL FERMENTATION A stable continuous method for producing ethanol from anaerobic fermentation of a gaseous substrate containin

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