Pilot Program for Green Technologies Including Greenhouse Gas Reduction, 64666-64669 [E9-29207]
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
Workshop Objectives
The protected species safe handling,
release, and identification workshops
are designed to teach longline and
gillnet fishermen the required
techniques for the safe handling and
release of entangled and/or hooked
protected species, such as sea turtles,
marine mammals, and smalltooth
sawfish. The proper identification of
protected species will also be taught at
these workshops in an effort to improve
reporting. Additionally, individuals
attending these workshops will gain a
better understanding of the
requirements for participating in these
fisheries. The overall goal of these
workshops is to provide participants
with the skills needed to reduce the
mortality of protected species, which
may prevent additional regulations on
these fisheries in the future.
Grandfathered Permit Holders
Participants in the industry-sponsored
workshops on safe handling and release
of sea turtles that were held in Orlando,
FL (April 8, 2005) and in New Orleans,
LA (June 27, 2005) were issued a NOAA
workshop certificate in December 2006
that was valid for three years. These
workshop certificates have expired, or
will be expiring in 2010. Vessel owners
and operators whose certificates expire
prior to the next permit renewal must
attend a workshop, successfully
complete the course, and obtain a new
certificate in order to renew their
limited access shark and limited access
swordfish permits. Failure to provide a
valid NOAA workshop certificate could
result in a permit denial.
Dated: December 2, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–29258 Filed 12–7–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No. PTO–P–2009–0038]
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Pilot Program for Green Technologies
Including Greenhouse Gas Reduction
AGENCY: United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and
Trademark Office (USPTO) is
implementing a pilot program in which
an applicant may have an application
advanced out of turn (accorded special
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status) for examination, for applications
pertaining to green technologies
including greenhouse gas reduction
(applications pertaining to
environmental quality, energy
conservation, development of renewable
energy resources or greenhouse gas
emission reduction). Currently, an
application pertaining to environmental
quality, or energy conservation,
development of renewable energy
resources or greenhouse gas reduction
will not be advanced out of turn for
examination unless it meets the
requirements of the accelerated
examination program. Under the Green
Technology Pilot Program, applications
pertaining to environmental quality,
energy conservation, development of
renewable energy, or greenhouse gas
emission reduction, will be advanced
out of turn for examination without
meeting all of the current requirements
of the accelerated examination program
(e.g., examination support document).
The USPTO will accept only the first
3,000 petitions to make special in
previously filed new applications,
provided that the petitions meet the
requirements set forth in this notice.
DATES: Effective Date: December 8, 2009.
Duration: The Green Technology Pilot
Program will run for twelve months
from its effective date. Therefore,
petitions to make special under the
Green Technology Pilot Program must
be filed before December 8, 2010. The
USPTO may extend the pilot program
(with or without modifications)
depending on the feedback from the
participants and the effectiveness of the
pilot program.
FOR FURTHER INFORMATION CONTACT:
Pinchus M. Laufer and Joni Y. Chang,
Senior Legal Advisors, Office of Patent
Legal Administration, Office of the
Associate Commissioner for Patent
Examination Policy, by telephone at
571–272–7726 or 571–272–7720; by
facsimile transmission to 571–273–
7726, marked to the attention of Pinchus
M. Laufer; or by mail addressed to: Mail
Stop Comments Patents, Commissioner
for Patents, P.O. Box 1450, Alexandria,
VA 22313–1450.
SUPPLEMENTARY INFORMATION: New
patent applications are normally taken
up for examination in the order of their
United States filing date. See section
708 of the Manual of Patent Examining
Procedure (8th ed. 2001) (Rev. 7, July
2008) (MPEP). The USPTO has a
procedure under which an application
will be advanced out of turn (accorded
special status) for examination if the
applicant files a petition to make special
with the appropriate showing. See 37
CFR 1.102 and MPEP § 708.02. The
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USPTO revised its accelerated
examination program in June of 2006,
and required that all petitions to make
special, except those based on
applicant’s health or age or the Patent
Prosecution Highway (PPH) pilot
program, comply with the requirements
of the revised accelerated examination
program. See Changes to Practice for
Petitions in Patent Applications To
Make Special and for Accelerated
Examination, 71 FR 36323 (June 26,
2006), 1308 Off. Gaz. Pat. Office 106
(July 18, 2006) (notice); see also MPEP
§ 708.02(a). Applications that are
accorded special status are generally
placed on the examiner’s special docket
throughout its entire course of
prosecution before the examiner, and
have special status in any appeal to the
Board of Patent Appeals and
Interferences (BPAI) and also in the
patent publication process. See MPEP
§ 708.01 and 1309.
The USPTO is implementing a pilot
program to permit applications
pertaining to ‘‘green technologies’’ (i.e.,
applications pertaining to
environmental quality, energy
conservation, development of renewable
energy resources, or greenhouse gas
emission reduction) to be advanced out
of turn without meeting all of the
current requirements of the accelerated
examination program set forth in item
VIII of MPEP § 708.02(a) (e.g.,
examination support document). The
USPTO will accept the first 3,000
petitions to make special under the
Green Technology Pilot Program in
previously filed new applications,
provided that the petitions meet all of
the requirements set forth in this notice.
Upon receipt of more than 3,000
petitions, the USPTO may reevaluate
the workload and resources needed to
extend the pilot program.
Applications that are accorded special
status under the Green Technology Pilot
Program will be placed on an
examiner’s special docket prior to the
first Office action, and will have special
status in any appeal to the BPAI and
also in the patent publication process.
Applications accorded special status
under the Green Technology Pilot
Program, however, will be placed on the
examiner’s amended docket, rather than
the examiner’s special docket, after the
first Office action (which may be an
Office action containing only a
restriction requirement).
Applicant may participate in the
Green Technology Pilot Program by
filing a petition to make special that
meets all of the requirements set forth
in this notice in a previously filed
application. No fee is required. The
$130.00 fee for a petition under 37 CFR
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
1.102 (other than those enumerated in
37 CFR 1.102(c)) is hereby sua sponte
waived for petitions to make special
based upon the procedure specified in
this notice. In addition, continuing
applications will not automatically be
accorded special status based on papers
filed with a petition in a parent
application. Each continuing
application must on its own meet all
requirements for special status.
Paperwork Reduction Act: This notice
involves information collection
requirements which are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The collections of information
involved in this rule have been
reviewed and approved by OMB under
the emergency processing provisions of
5 CFR 1320.13. The USPTO will publish
the notices required by 5 CFR part 1320
in due course.
I. Requirements: A petition to make
special under the Green Technology
Pilot Program may be granted in an
application if the eligibility
requirements set forth in section II or III
and the following conditions are
satisfied:
(1) The application must be a nonreissue, non-provisional utility
application filed under 35 U.S.C. 111(a),
or an international application that has
entered the national stage in compliance
with 35 U.S.C. 371. The application
must be previously filed before the
publication date of this notice.
Reexamination proceedings are
excluded from this pilot program.
(2) The application must be classified
in one of the U.S. classifications listed
in section VI of this notice at the time
of examination. See section VI for more
information.
(3) The application must contain three
or fewer independent claims and twenty
or fewer total claims. The application
must not contain any multiple
dependent claims. For an application
that contains more than three
independent claims or twenty total
claims, or multiple dependent claims,
applicants must file a preliminary
amendment in compliance with 37 CFR
1.121 to cancel the excess claims and/
or the multiple dependent claims at the
time the petition to make special is
filed.
(4) The claims must be directed to a
single invention that materially
enhances the quality of the
environment, or that materially
contributes to: (1) The discovery or
development of renewable energy
resources; (2) the more efficient
utilization and conservation of energy
resources; or (3) greenhouse gas
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emission reduction (see the eligibility
requirements of sections II and III of this
notice). The petition must include a
statement that, if the USPTO determines
that the claims are directed to multiple
inventions (e.g., in a restriction
requirement), applicant will agree to
make an election without traverse in a
telephonic interview, and elect an
invention that meets the eligibility
requirements in section II or III of this
notice and is classified in one of the
U.S. classifications listed in section VI
of this notice. See section V of this
notice for more information.
(5) The petition to make special must
be filed electronically before December
8, 2010, using the USPTO electronic
filing system, EFS–Web, and selecting
the document description of ‘‘Petition
for Green Tech Pilot’’ on the EFS–Web
screen. Applicant should use form PTO/
SB/420, which will be available as a
Portable Document Format (PDF)
fillable form in EFS–Web and on the
USPTO Web site at https://
www.uspto.gov/web/forms/.
Information regarding EFS–Web is
available on the USPTO Web site at
https://www.uspto.gov/ebc/.
(6) The petition to make special must
be filed at least one day prior to the date
that a first Office action (which may be
an Office action containing only a
restriction requirement) appears in the
Patent Application Information
Retrieval (PAIR) system. Applicant may
check the status of the application using
PAIR.
(7) The petition to make special must
be accompanied by a request for early
publication in compliance with 37 CFR
1.219 and the publication fee set forth
in 37 CFR 1.18(d).
II. Eligibility Requirements—
Applications Pertaining to
Environmental Quality: Patent
applications for inventions which
materially enhance the quality of the
environment under the conditions
specified in item V of MPEP § 708.02
will be eligible for the Green
Technology Pilot Program. For an
application pertaining to environmental
quality, the petition to make special
must state that special status is sought
because the invention materially
enhances the quality of the environment
by contributing to the restoration or
maintenance of the basic life-sustaining
natural elements. If the application does
not clearly disclose that the claimed
invention materially enhances the
quality of the environment by
contributing to the restoration or
maintenance of one of the basic lifesustaining natural elements, the petition
must be accompanied by a statement
signed by the applicant, assignee, or an
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64667
attorney/agent registered to practice
before the USPTO, in accordance with
37 CFR 1.33(b) explaining how the
materiality standard is met. The
materiality standard does not permit an
applicant to speculate as to how a
hypothetical end-user might specially
apply the invention in a manner that
could materially enhance the quality of
the environment. Nor does such
standard permit an applicant to enjoy
the benefit of advanced examination
merely because some minor aspect of
the claimed invention may enhance the
quality of the environment. See MPEP
§ 708.02 (item V).
III. Eligibility Requirements—
Applications Pertaining to Energy
Conservation, Development of
Renewable Energy Resources, or
Greenhouse Gas Emission Reduction:
Patent applications are also eligible for
the Green Technology Pilot Program if
the applications are for inventions that
materially contribute to: (1) The
discovery or development of renewable
energy resources; (2) the more efficient
utilization and conservation of energy
resources; or (3) the reduction of
greenhouse gas emissions. The term
‘‘renewable energy resources’’ for
purposes of the procedure specified in
this notice includes hydroelectric, solar,
wind, renewable biomass, landfill gas,
ocean (including tidal, wave, current,
and thermal), geothermal, and
municipal solid waste, as well as the
transmission, distribution, or other
services directly used in providing
electrical energy from these sources.
The second category would include
inventions relating to the reduction of
energy consumption in combustion
systems, industrial equipment, and
household appliances. The third
category listed above would include, but
is not limited to, inventions that
contribute to (1) advances in nuclear
power generation technology, or (2)
fossil fuel power generation or
industrial processes with greenhouse
gas-abatement technology (e.g.,
inventions that significantly improve
safety and reliability of such
technologies).
The petition to make special for an
application directed to development of
renewable energy or energy
conservation, or directed to greenhouse
gas emission reduction, must state the
basis for the special status (i.e., whether
the invention materially contributes to
(1) development of renewable energy
resources or energy conservation, or (2)
greenhouse gas emission reduction). If
the application disclosure is not clear
on its face that the claimed invention
materially contributes to (1)
development of renewable energy or
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Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
energy conservation, or (2) greenhouse
gas emission reduction, the petition
must be accompanied by a statement
signed by the applicant, assignee, or an
attorney/agent registered to practice
before the USPTO, in accordance with
37 CFR 1.33(b) explaining how the
materiality standard is met. The
materiality standard does not permit an
applicant to speculate as to how a
hypothetical end-user might specially
apply the invention in a manner that
could materially contribute to (1)
development of renewable energy or
energy conservation, or (2) greenhouse
gas emission reduction, nor does the
standard permit an applicant to enjoy
the benefit of advanced examination
merely because some minor aspect of
the claimed invention may be directed
to (1) development of renewable energy
or energy conservation, or (2)
greenhouse gas emission reduction. See
MPEP § 708.02 (item VI).
IV. Decision on Petition to Make
Special Under the Green Technology
Pilot Program: If applicant files a
petition to make special under the
Green Technology Pilot Program, the
USPTO will decide on the petition once
the application is in condition for
examination. If the petition is granted,
the application will be accorded special
status under the Green Technology Pilot
Program. The application will be placed
on the examiner’s special docket prior
to the first Office action, and will have
special status in any appeal to the BPAI
and also in the patent publication
process. The application, however, will
be placed on the examiner’s amended
docket, rather than the examiner’s
special docket, after the first Office
action (which may be an Office action
containing only a restriction
requirement).
If applicant files a petition to make
special under the Green Technology
Pilot Program that does not comply with
the requirements set forth in this notice,
the USPTO will notify the applicant of
the deficiency by issuing a notice and
applicant will be given only one
opportunity to correct the deficiency. If
applicant still wishes to participate in
the Green Technology Pilot Program,
applicant must file a proper petition and
make appropriate corrections within
one month or thirty days, whichever is
longer. The time period for reply is not
extendable under 37 CFR 1.136(a). If
applicant fails to correct the deficiency
indicated in the notice within the time
period set forth therein, the application
will not be eligible for the Green
Technology Pilot Program and the
application will be taken up for
examination in accordance with
standard examination procedures.
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V. Requirement for Restriction: If the
claims in the application are directed to
multiple inventions, the examiner may
make a requirement for restriction in
accordance with current restriction
practice prior to conducting a search.
The examiner will contact the applicant
and follow the procedure for the
telephone restriction practice set forth
in MPEP § 812.01. Applicant must make
an election without traverse in a
telephonic interview, and elect an
invention that meets the eligibility
requirements in section II or III of this
notice and that is classified in one of the
U.S. classifications listed in section VI
of this notice. See items 2 and 4 of
section I of this notice. If the examiner
cannot reach the applicant after a
reasonable effort or applicant refuses to
make an election in compliance with
item 4 of section I of this notice, the
examiner will treat the first claimed
invention that meets the requirements
in section II or III and section VI as
constructively elected without traverse
for examination.
VI. Classification Requirement: The
classification requirement set forth in
this section of the notice will assist the
USPTO to balance the workload and
gauge resources needed to achieve the
goals of the Green Technology Pilot
Program. The USPTO recognizes that
certain patent applications pertaining to
green technologies may be excluded by
this requirement. After the twelvemonth duration of the pilot program, the
USPTO may extend the pilot program to
include more classifications depending
on the effectiveness of the pilot program
and the resources availability.
In order to be eligible for the Green
Technology Pilot Program, the
application must be classified in one of
the U.S. patent classifications
(‘‘USPCs’’) listed below at the time of
examination. The classification
descriptions are provided as helpful
information, and they will not be used
in determining whether an application
is eligible. An applicant may suggest a
classification for the application, but the
applicant may not know the
classification of the application at the
time of filing a petition to make special
under the Green Technology Pilot
Program. The USPTO will determine
whether this requirement is satisfied
once the application is in condition for
examination and the petition is being
decided.
The following is a list of the eligible
classifications:
A. Alternative Energy Production
1. Agricultural waste (USPC 44/589).
2. Biofuel (USPC 44/605; 44/589).
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3. Chemical waste (USPC 110/235–
259, 346).
4. For domestic hot water systems
(USPC 126/634–680).
5. For passive space heating (USPC
52/173.3).
6. For swimming pools (USPC 126/
561–568).
7. Fuel cell (USPC 429/12–46).
8. Fuel from animal waste and crop
residues (USPC 44/605).
9. Gasification (USPC 48/197R, 197A).
10. Genetically engineered organism
(USPC 435/252.3–252.35, 254.11–254.9,
257.2, 325–408, 410–431).
11. Geothermal (USPC 60/641.2–
641.5; 436/25–33).
12. Harnessing energy from man-made
waste (USPC 75/958; 431/5).
13. Hospital waste (USPC 110/235–
259, 346).
14. Hydroelectric (USPC 405/76–78;
60/495–507; 415/25).
15. Industrial waste (USPC 110/235–
259, 346).
16. Industrial waste anaerobic
digestion (USPC 210/605).
17. Industrial wood waste (USPC 44/
589; 44/606).
18. Inertial (e.g., turbine) (USPC 290/
51, 54; 60/495–507).
19. Landfill gas (USPC 431/5).
20. Municipal waste (USPC 44/552).
21. Nuclear power—induced nuclear
reactions: processes, systems, and
elements (USPC 376/all).
22. Nuclear power—reaction motor
with electric, nuclear, or radiated energy
fluid heating means (USPC 60/203.1).
23. Nuclear power—heating motive
fluid by nuclear energy (USPC 60/644.1)
Photovoltaic (USPC 136/243–265).
24. Refuse-derived fuel (USPC 44/
552).
25. Solar cells (USPC 438/57, 82, 84,
85, 86, 90, 93, 94, 96, 97).
26. Solar energy (USPC 126/561–714;
320/101).
27. Solar thermal energy (USPC 126/
561–713; 60/641.8–641.15).
28. Water level (e.g., wave or tide)
(USPC 405/76–78; 60/495–507).
29. Wind (USPC 290/44, 55; 307/64–
66, 82–87; 415/2.1).
B. Energy Conservation
1. Alternative-power vehicle (e.g.,
hydrogen) (USPC 180/2.1–2.2, 54.1).
2. Cathode ray tube circuits (USPC
315/150, 151, 199).
3. Commuting, e.g., HOV, teleworking
(USPC 705/13).
4. Drag reduction (USPC 105/1.1–1.3;
296/180.1–180.5; 296/181.5).
5. Electric lamp and discharge devices
(USPC 313/498–512, 567–643).
6. Electric vehicle (USPC 180/65.1;
180/65.21; 320/109; 701/22; 310/1–310).
7. Emission trading, e.g., pollution
credits (USPC 705/35–45).
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8. Energy storage or distribution
(USPC 307/38–41; 700/295–298; 713/
300–340).
9. Fuel cell-powered vehicles (USPC
180/65.21; 180/65.31).
10. Human-powered vehicle (USPC
180/205; 280/200–304.5).
11. Hybrid-powered vehicle (USPC
180/65.21–65.29; 73/35.01–35.13, 112–
115, 116–119A, 121–132).
12. Incoherent light emitter structure
(USPC 257/79, 82, 88–90, 93, 99–103).
13. Land vehicle (USPC 105/49–61
(electric trains); 180/65.1–65.8 (electric
cars)).
14. Optical systems and elements
(USPC 359/591–598).
15. Roadway, e.g., recycled surface,
all-weather bikeways (USPC 404/32–
46).
16. Static structures (USPC 52/309.1–
309.17, 404.1–404.5, 424–442, 783.1–
795.1).
17. Thermal (USPC 702/130–136).
18. Transportation (USPC 361/19, 20,
141, 152, 218).
19. Watercraft drive (electric
powered) (USPC 440/6–7).
20. Watercraft drive (human powered)
(USPC 440/21–32).
21. Wave-powered boat motors (USPC
440/9).
22. Wind-powered boat motors (USPC
440/8).
23. Wind-powered ships (USPC 114/
102.1–115).
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C. Environmentally Friendly Farming
1. Alternative irrigation technique
(USPC 405/36–51).
2. Animal waste disposal or recycling
(USPC 210/610–611; 71/11–30).
3. Fertilizer alternative, e.g.,
composting (USPC 71/8–30).
4. Pollution abatement, soil
conservation (USPC 405/15).
5. Water conservation (USPC 137/
78.2–78.3; 137/115.01–115.28).
6. Yield enhancement (USPC 504).
D. Environmental Purification,
Protection, or Remediation
1. Biodegradable (USPC 383/1; 523/
124–128; 525/938; 526/914).
2. Bio-hazard, Disease (permanent
containment of malicious virus,
bacteria, prion) (USPC 588/249–249.5).
3. Bio-hazard, Disease (destruction of
malicious virus, bacteria, prion) (USPC
588/299).
4. Carbon capture or sequestration
(USPC 95/139–140; 405/129.1–129.95;
423/220–234).
5. Disaster (e.g., spill, explosion,
containment, or cleanup) (USPC 405/
129.1–129.95).
6. Environmentally friendly coolants,
refrigerants, etc. (USPC 252/71–79).
7. Genetic contamination (USPC 422/
1–43).
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8. Hazardous or Toxic waste
destruction or containment (USPC 588/
1–261).
9. In atmosphere (USPC 95/57–81,
149–240).
10. In water (USPC 210/600–808; 405/
60).
11. Landfill (USPC 405/129.95).
12. Nuclear waste containment or
disposal (USPC 588/1–20, 400).
13. Plants and plant breeding (USPC
800/260–323.3).
14. Post-consumer material (USPC
264/36.1–36.22, 911–921; 521/40–49.8).
15. Recovery of excess process
materials or regeneration from waste
stream (USPC 162/29, 189–191; 164/5;
521/40–49.8; 562/513).
16. Recycling (USPC 29/403.1–403.4;
75/401–403; 156/94; 264/37.1–37.33).
17. Smokestack (USPC 110/345; 422/
900).
18. Soil (USPC 405/128.1–128.9,
129.1–129.95).
19. Toxic material cleanup (USPC
435/626–282).
20. Toxic material permanent
containment or destruction (USPC 588/
all).
21. Using microbes or enzymes (USPC
435/262.5).
Dated: November 30, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. E9–29207 Filed 12–7–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–959]
Certain Coated Paper Suitable for
High–Quality Print Graphics Using
Sheet–Fed Presses from the People’s
Republic of China: Postponement of
Preliminary Determination in the
Countervailing Duty Investigation
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 8, 2009.
FOR FURTHER INFORMATION CONTACT:
David Neubacher, Jennifer Meek or
Mary Kolberg, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–5823,
(202) 482–2778 and (202) 482–1785
respectively.
SUPPLEMENTARY INFORMATION:
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64669
Background
On October 13, 2009, the Department
of Commerce (the ‘‘Department’’)
initiated a countervailing duty
investigation of certain coated paper
suitable for high–quality print graphics
using sheet–fed presses (‘‘certain coated
paper’’) from the People’s Republic of
China (‘‘PRC’’). See Certain Coated
Paper Suitable for High–Quality Print
Graphics Using Sheet–Fed Presses from
the People’s Republic of China:
Initiation of Countervailing Duty
Investigation, 74 FR 53703 (October 20,
2009). Currently, the preliminary
determination is due no later than
December 17, 2009.
Postponement of Due Date for
Preliminary Determination
On November 19, 2009, the
Department received a request from
Appleton Coated LLC, NewPage
Corporation, S.D. Warren Company d/b/
a Sappi Fine Paper North America, and
the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (collectively,
‘‘Petitioners’’) to postpone the
preliminary determination of the
countervailing duty investigation of
certain coated paper from the PRC.
Under section 703(c)(1)(A) of the Tariff
Act of 1930, as amended (‘‘the Act’’), the
Department may extend the period for
reaching a preliminary determination in
a countervailing duty investigation until
no later than the 130th day after the date
on which the administering authority
initiates an investigation if the
petitioner makes a timely request. In
accordance with 19 CFR 351.205(e),
Petitioners’ request for postponement of
the preliminary determination was
made 25 days or more before the
scheduled date of the preliminary
determination. Thus, we are fully
extending the due date for the
preliminary determination to no later
than 130 days after the day on which
the investigation was initiated (i.e.,
February 20, 2010). However, February
20, 2010, falls on a Saturday and it is
the Department’s long–standing practice
to issue a determination the next
business day when the statutory
deadline falls on a weekend, federal
holiday, or any other day when the
Department is closed. See Notice of
Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005). Accordingly,
the deadline for completion of the
preliminary determination is now no
later than February 22, 2010.
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64666-64669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29207]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2009-0038]
Pilot Program for Green Technologies Including Greenhouse Gas
Reduction
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is
implementing a pilot program in which an applicant may have an
application advanced out of turn (accorded special status) for
examination, for applications pertaining to green technologies
including greenhouse gas reduction (applications pertaining to
environmental quality, energy conservation, development of renewable
energy resources or greenhouse gas emission reduction). Currently, an
application pertaining to environmental quality, or energy
conservation, development of renewable energy resources or greenhouse
gas reduction will not be advanced out of turn for examination unless
it meets the requirements of the accelerated examination program. Under
the Green Technology Pilot Program, applications pertaining to
environmental quality, energy conservation, development of renewable
energy, or greenhouse gas emission reduction, will be advanced out of
turn for examination without meeting all of the current requirements of
the accelerated examination program (e.g., examination support
document). The USPTO will accept only the first 3,000 petitions to make
special in previously filed new applications, provided that the
petitions meet the requirements set forth in this notice.
DATES: Effective Date: December 8, 2009.
Duration: The Green Technology Pilot Program will run for twelve
months from its effective date. Therefore, petitions to make special
under the Green Technology Pilot Program must be filed before December
8, 2010. The USPTO may extend the pilot program (with or without
modifications) depending on the feedback from the participants and the
effectiveness of the pilot program.
FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang,
Senior Legal Advisors, Office of Patent Legal Administration, Office of
the Associate Commissioner for Patent Examination Policy, by telephone
at 571-272-7726 or 571-272-7720; by facsimile transmission to 571-273-
7726, marked to the attention of Pinchus M. Laufer; or by mail
addressed to: Mail Stop Comments Patents, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450.
SUPPLEMENTARY INFORMATION: New patent applications are normally taken
up for examination in the order of their United States filing date. See
section 708 of the Manual of Patent Examining Procedure (8th ed. 2001)
(Rev. 7, July 2008) (MPEP). The USPTO has a procedure under which an
application will be advanced out of turn (accorded special status) for
examination if the applicant files a petition to make special with the
appropriate showing. See 37 CFR 1.102 and MPEP Sec. 708.02. The USPTO
revised its accelerated examination program in June of 2006, and
required that all petitions to make special, except those based on
applicant's health or age or the Patent Prosecution Highway (PPH) pilot
program, comply with the requirements of the revised accelerated
examination program. See Changes to Practice for Petitions in Patent
Applications To Make Special and for Accelerated Examination, 71 FR
36323 (June 26, 2006), 1308 Off. Gaz. Pat. Office 106 (July 18, 2006)
(notice); see also MPEP Sec. 708.02(a). Applications that are accorded
special status are generally placed on the examiner's special docket
throughout its entire course of prosecution before the examiner, and
have special status in any appeal to the Board of Patent Appeals and
Interferences (BPAI) and also in the patent publication process. See
MPEP Sec. 708.01 and 1309.
The USPTO is implementing a pilot program to permit applications
pertaining to ``green technologies'' (i.e., applications pertaining to
environmental quality, energy conservation, development of renewable
energy resources, or greenhouse gas emission reduction) to be advanced
out of turn without meeting all of the current requirements of the
accelerated examination program set forth in item VIII of MPEP Sec.
708.02(a) (e.g., examination support document). The USPTO will accept
the first 3,000 petitions to make special under the Green Technology
Pilot Program in previously filed new applications, provided that the
petitions meet all of the requirements set forth in this notice. Upon
receipt of more than 3,000 petitions, the USPTO may reevaluate the
workload and resources needed to extend the pilot program.
Applications that are accorded special status under the Green
Technology Pilot Program will be placed on an examiner's special docket
prior to the first Office action, and will have special status in any
appeal to the BPAI and also in the patent publication process.
Applications accorded special status under the Green Technology Pilot
Program, however, will be placed on the examiner's amended docket,
rather than the examiner's special docket, after the first Office
action (which may be an Office action containing only a restriction
requirement).
Applicant may participate in the Green Technology Pilot Program by
filing a petition to make special that meets all of the requirements
set forth in this notice in a previously filed application. No fee is
required. The $130.00 fee for a petition under 37 CFR
[[Page 64667]]
1.102 (other than those enumerated in 37 CFR 1.102(c)) is hereby sua
sponte waived for petitions to make special based upon the procedure
specified in this notice. In addition, continuing applications will not
automatically be accorded special status based on papers filed with a
petition in a parent application. Each continuing application must on
its own meet all requirements for special status.
Paperwork Reduction Act: This notice involves information
collection requirements which are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The collections of information involved in
this rule have been reviewed and approved by OMB under the emergency
processing provisions of 5 CFR 1320.13. The USPTO will publish the
notices required by 5 CFR part 1320 in due course.
I. Requirements: A petition to make special under the Green
Technology Pilot Program may be granted in an application if the
eligibility requirements set forth in section II or III and the
following conditions are satisfied:
(1) The application must be a non-reissue, non-provisional utility
application filed under 35 U.S.C. 111(a), or an international
application that has entered the national stage in compliance with 35
U.S.C. 371. The application must be previously filed before the
publication date of this notice. Reexamination proceedings are excluded
from this pilot program.
(2) The application must be classified in one of the U.S.
classifications listed in section VI of this notice at the time of
examination. See section VI for more information.
(3) The application must contain three or fewer independent claims
and twenty or fewer total claims. The application must not contain any
multiple dependent claims. For an application that contains more than
three independent claims or twenty total claims, or multiple dependent
claims, applicants must file a preliminary amendment in compliance with
37 CFR 1.121 to cancel the excess claims and/or the multiple dependent
claims at the time the petition to make special is filed.
(4) The claims must be directed to a single invention that
materially enhances the quality of the environment, or that materially
contributes to: (1) The discovery or development of renewable energy
resources; (2) the more efficient utilization and conservation of
energy resources; or (3) greenhouse gas emission reduction (see the
eligibility requirements of sections II and III of this notice). The
petition must include a statement that, if the USPTO determines that
the claims are directed to multiple inventions (e.g., in a restriction
requirement), applicant will agree to make an election without traverse
in a telephonic interview, and elect an invention that meets the
eligibility requirements in section II or III of this notice and is
classified in one of the U.S. classifications listed in section VI of
this notice. See section V of this notice for more information.
(5) The petition to make special must be filed electronically
before December 8, 2010, using the USPTO electronic filing system, EFS-
Web, and selecting the document description of ``Petition for Green
Tech Pilot'' on the EFS-Web screen. Applicant should use form PTO/SB/
420, which will be available as a Portable Document Format (PDF)
fillable form in EFS-Web and on the USPTO Web site at https://www.uspto.gov/web/forms/. Information regarding EFS-Web is
available on the USPTO Web site at https://www.uspto.gov/ebc/.
(6) The petition to make special must be filed at least one day
prior to the date that a first Office action (which may be an Office
action containing only a restriction requirement) appears in the Patent
Application Information Retrieval (PAIR) system. Applicant may check
the status of the application using PAIR.
(7) The petition to make special must be accompanied by a request
for early publication in compliance with 37 CFR 1.219 and the
publication fee set forth in 37 CFR 1.18(d).
II. Eligibility Requirements--Applications Pertaining to
Environmental Quality: Patent applications for inventions which
materially enhance the quality of the environment under the conditions
specified in item V of MPEP Sec. 708.02 will be eligible for the Green
Technology Pilot Program. For an application pertaining to
environmental quality, the petition to make special must state that
special status is sought because the invention materially enhances the
quality of the environment by contributing to the restoration or
maintenance of the basic life-sustaining natural elements. If the
application does not clearly disclose that the claimed invention
materially enhances the quality of the environment by contributing to
the restoration or maintenance of one of the basic life-sustaining
natural elements, the petition must be accompanied by a statement
signed by the applicant, assignee, or an attorney/agent registered to
practice before the USPTO, in accordance with 37 CFR 1.33(b) explaining
how the materiality standard is met. The materiality standard does not
permit an applicant to speculate as to how a hypothetical end-user
might specially apply the invention in a manner that could materially
enhance the quality of the environment. Nor does such standard permit
an applicant to enjoy the benefit of advanced examination merely
because some minor aspect of the claimed invention may enhance the
quality of the environment. See MPEP Sec. 708.02 (item V).
III. Eligibility Requirements--Applications Pertaining to Energy
Conservation, Development of Renewable Energy Resources, or Greenhouse
Gas Emission Reduction: Patent applications are also eligible for the
Green Technology Pilot Program if the applications are for inventions
that materially contribute to: (1) The discovery or development of
renewable energy resources; (2) the more efficient utilization and
conservation of energy resources; or (3) the reduction of greenhouse
gas emissions. The term ``renewable energy resources'' for purposes of
the procedure specified in this notice includes hydroelectric, solar,
wind, renewable biomass, landfill gas, ocean (including tidal, wave,
current, and thermal), geothermal, and municipal solid waste, as well
as the transmission, distribution, or other services directly used in
providing electrical energy from these sources. The second category
would include inventions relating to the reduction of energy
consumption in combustion systems, industrial equipment, and household
appliances. The third category listed above would include, but is not
limited to, inventions that contribute to (1) advances in nuclear power
generation technology, or (2) fossil fuel power generation or
industrial processes with greenhouse gas-abatement technology (e.g.,
inventions that significantly improve safety and reliability of such
technologies).
The petition to make special for an application directed to
development of renewable energy or energy conservation, or directed to
greenhouse gas emission reduction, must state the basis for the special
status (i.e., whether the invention materially contributes to (1)
development of renewable energy resources or energy conservation, or
(2) greenhouse gas emission reduction). If the application disclosure
is not clear on its face that the claimed invention materially
contributes to (1) development of renewable energy or
[[Page 64668]]
energy conservation, or (2) greenhouse gas emission reduction, the
petition must be accompanied by a statement signed by the applicant,
assignee, or an attorney/agent registered to practice before the USPTO,
in accordance with 37 CFR 1.33(b) explaining how the materiality
standard is met. The materiality standard does not permit an applicant
to speculate as to how a hypothetical end-user might specially apply
the invention in a manner that could materially contribute to (1)
development of renewable energy or energy conservation, or (2)
greenhouse gas emission reduction, nor does the standard permit an
applicant to enjoy the benefit of advanced examination merely because
some minor aspect of the claimed invention may be directed to (1)
development of renewable energy or energy conservation, or (2)
greenhouse gas emission reduction. See MPEP Sec. 708.02 (item VI).
IV. Decision on Petition to Make Special Under the Green Technology
Pilot Program: If applicant files a petition to make special under the
Green Technology Pilot Program, the USPTO will decide on the petition
once the application is in condition for examination. If the petition
is granted, the application will be accorded special status under the
Green Technology Pilot Program. The application will be placed on the
examiner's special docket prior to the first Office action, and will
have special status in any appeal to the BPAI and also in the patent
publication process. The application, however, will be placed on the
examiner's amended docket, rather than the examiner's special docket,
after the first Office action (which may be an Office action containing
only a restriction requirement).
If applicant files a petition to make special under the Green
Technology Pilot Program that does not comply with the requirements set
forth in this notice, the USPTO will notify the applicant of the
deficiency by issuing a notice and applicant will be given only one
opportunity to correct the deficiency. If applicant still wishes to
participate in the Green Technology Pilot Program, applicant must file
a proper petition and make appropriate corrections within one month or
thirty days, whichever is longer. The time period for reply is not
extendable under 37 CFR 1.136(a). If applicant fails to correct the
deficiency indicated in the notice within the time period set forth
therein, the application will not be eligible for the Green Technology
Pilot Program and the application will be taken up for examination in
accordance with standard examination procedures.
V. Requirement for Restriction: If the claims in the application
are directed to multiple inventions, the examiner may make a
requirement for restriction in accordance with current restriction
practice prior to conducting a search. The examiner will contact the
applicant and follow the procedure for the telephone restriction
practice set forth in MPEP Sec. 812.01. Applicant must make an
election without traverse in a telephonic interview, and elect an
invention that meets the eligibility requirements in section II or III
of this notice and that is classified in one of the U.S.
classifications listed in section VI of this notice. See items 2 and 4
of section I of this notice. If the examiner cannot reach the applicant
after a reasonable effort or applicant refuses to make an election in
compliance with item 4 of section I of this notice, the examiner will
treat the first claimed invention that meets the requirements in
section II or III and section VI as constructively elected without
traverse for examination.
VI. Classification Requirement: The classification requirement set
forth in this section of the notice will assist the USPTO to balance
the workload and gauge resources needed to achieve the goals of the
Green Technology Pilot Program. The USPTO recognizes that certain
patent applications pertaining to green technologies may be excluded by
this requirement. After the twelve-month duration of the pilot program,
the USPTO may extend the pilot program to include more classifications
depending on the effectiveness of the pilot program and the resources
availability.
In order to be eligible for the Green Technology Pilot Program, the
application must be classified in one of the U.S. patent
classifications (``USPCs'') listed below at the time of examination.
The classification descriptions are provided as helpful information,
and they will not be used in determining whether an application is
eligible. An applicant may suggest a classification for the
application, but the applicant may not know the classification of the
application at the time of filing a petition to make special under the
Green Technology Pilot Program. The USPTO will determine whether this
requirement is satisfied once the application is in condition for
examination and the petition is being decided.
The following is a list of the eligible classifications:
A. Alternative Energy Production
1. Agricultural waste (USPC 44/589).
2. Biofuel (USPC 44/605; 44/589).
3. Chemical waste (USPC 110/235-259, 346).
4. For domestic hot water systems (USPC 126/634-680).
5. For passive space heating (USPC 52/173.3).
6. For swimming pools (USPC 126/561-568).
7. Fuel cell (USPC 429/12-46).
8. Fuel from animal waste and crop residues (USPC 44/605).
9. Gasification (USPC 48/197R, 197A).
10. Genetically engineered organism (USPC 435/252.3-252.35, 254.11-
254.9, 257.2, 325-408, 410-431).
11. Geothermal (USPC 60/641.2-641.5; 436/25-33).
12. Harnessing energy from man-made waste (USPC 75/958; 431/5).
13. Hospital waste (USPC 110/235-259, 346).
14. Hydroelectric (USPC 405/76-78; 60/495-507; 415/25).
15. Industrial waste (USPC 110/235-259, 346).
16. Industrial waste anaerobic digestion (USPC 210/605).
17. Industrial wood waste (USPC 44/589; 44/606).
18. Inertial (e.g., turbine) (USPC 290/51, 54; 60/495-507).
19. Landfill gas (USPC 431/5).
20. Municipal waste (USPC 44/552).
21. Nuclear power--induced nuclear reactions: processes, systems,
and elements (USPC 376/all).
22. Nuclear power--reaction motor with electric, nuclear, or
radiated energy fluid heating means (USPC 60/203.1).
23. Nuclear power--heating motive fluid by nuclear energy (USPC 60/
644.1) Photovoltaic (USPC 136/243-265).
24. Refuse-derived fuel (USPC 44/552).
25. Solar cells (USPC 438/57, 82, 84, 85, 86, 90, 93, 94, 96, 97).
26. Solar energy (USPC 126/561-714; 320/101).
27. Solar thermal energy (USPC 126/561-713; 60/641.8-641.15).
28. Water level (e.g., wave or tide) (USPC 405/76-78; 60/495-507).
29. Wind (USPC 290/44, 55; 307/64-66, 82-87; 415/2.1).
B. Energy Conservation
1. Alternative-power vehicle (e.g., hydrogen) (USPC 180/2.1-2.2,
54.1).
2. Cathode ray tube circuits (USPC 315/150, 151, 199).
3. Commuting, e.g., HOV, teleworking (USPC 705/13).
4. Drag reduction (USPC 105/1.1-1.3; 296/180.1-180.5; 296/181.5).
5. Electric lamp and discharge devices (USPC 313/498-512, 567-643).
6. Electric vehicle (USPC 180/65.1; 180/65.21; 320/109; 701/22;
310/1-310).
7. Emission trading, e.g., pollution credits (USPC 705/35-45).
[[Page 64669]]
8. Energy storage or distribution (USPC 307/38-41; 700/295-298;
713/300-340).
9. Fuel cell-powered vehicles (USPC 180/65.21; 180/65.31).
10. Human-powered vehicle (USPC 180/205; 280/200-304.5).
11. Hybrid-powered vehicle (USPC 180/65.21-65.29; 73/35.01-35.13,
112-115, 116-119A, 121-132).
12. Incoherent light emitter structure (USPC 257/79, 82, 88-90, 93,
99-103).
13. Land vehicle (USPC 105/49-61 (electric trains); 180/65.1-65.8
(electric cars)).
14. Optical systems and elements (USPC 359/591-598).
15. Roadway, e.g., recycled surface, all-weather bikeways (USPC
404/32-46).
16. Static structures (USPC 52/309.1-309.17, 404.1-404.5, 424-442,
783.1-795.1).
17. Thermal (USPC 702/130-136).
18. Transportation (USPC 361/19, 20, 141, 152, 218).
19. Watercraft drive (electric powered) (USPC 440/6-7).
20. Watercraft drive (human powered) (USPC 440/21-32).
21. Wave-powered boat motors (USPC 440/9).
22. Wind-powered boat motors (USPC 440/8).
23. Wind-powered ships (USPC 114/102.1-115).
C. Environmentally Friendly Farming
1. Alternative irrigation technique (USPC 405/36-51).
2. Animal waste disposal or recycling (USPC 210/610-611; 71/11-30).
3. Fertilizer alternative, e.g., composting (USPC 71/8-30).
4. Pollution abatement, soil conservation (USPC 405/15).
5. Water conservation (USPC 137/78.2-78.3; 137/115.01-115.28).
6. Yield enhancement (USPC 504).
D. Environmental Purification, Protection, or Remediation
1. Biodegradable (USPC 383/1; 523/124-128; 525/938; 526/914).
2. Bio-hazard, Disease (permanent containment of malicious virus,
bacteria, prion) (USPC 588/249-249.5).
3. Bio-hazard, Disease (destruction of malicious virus, bacteria,
prion) (USPC 588/299).
4. Carbon capture or sequestration (USPC 95/139-140; 405/129.1-
129.95; 423/220-234).
5. Disaster (e.g., spill, explosion, containment, or cleanup) (USPC
405/129.1-129.95).
6. Environmentally friendly coolants, refrigerants, etc. (USPC 252/
71-79).
7. Genetic contamination (USPC 422/1-43).
8. Hazardous or Toxic waste destruction or containment (USPC 588/1-
261).
9. In atmosphere (USPC 95/57-81, 149-240).
10. In water (USPC 210/600-808; 405/60).
11. Landfill (USPC 405/129.95).
12. Nuclear waste containment or disposal (USPC 588/1-20, 400).
13. Plants and plant breeding (USPC 800/260-323.3).
14. Post-consumer material (USPC 264/36.1-36.22, 911-921; 521/40-
49.8).
15. Recovery of excess process materials or regeneration from waste
stream (USPC 162/29, 189-191; 164/5; 521/40-49.8; 562/513).
16. Recycling (USPC 29/403.1-403.4; 75/401-403; 156/94; 264/37.1-
37.33).
17. Smokestack (USPC 110/345; 422/900).
18. Soil (USPC 405/128.1-128.9, 129.1-129.95).
19. Toxic material cleanup (USPC 435/626-282).
20. Toxic material permanent containment or destruction (USPC 588/
all).
21. Using microbes or enzymes (USPC 435/262.5).
Dated: November 30, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. E9-29207 Filed 12-7-09; 8:45 am]
BILLING CODE 3510-16-P
