Statutory Invention Registration, 42684-42686 [2011-18092]

Download as PDF 42684 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Notices Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA577 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting sroberts on DSK5SPTVN1PROD with NOTICES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The Mid-Atlantic Fishery Management Council Staff will hold a meeting of the Visioning Project Advisory Panel to discuss communications strategies and data gathering tools for the Visioning Project. DATES: The meeting will be held on Wednesday, August 3, 2011, from 9 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Four Points by Sheraton BWI Airport, 7032 Elm Road, Baltimore, MD 21240; telephone: (410) 859–3300. Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674–2331. FOR FURTHER INFORMATION CONTACT: Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 526–5255. SUPPLEMENTARY INFORMATION: The purpose of this meeting is for the Visioning Project advisors to provide input on communications and data gathering methods that will be used during the Visioning and Strategic Planning Project. Advisors will provide feedback on the draft survey instrument and will identify specific communications strategies that will help maximize participation in the project. The general objective of the project is to identify stakeholders’ views on the management approaches currently used by the Council such that the Council can then use the project’s results to develop future management actions. Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those issues may not be the subject of formal action during this meeting. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under VerDate Mar<15>2010 17:20 Jul 18, 2011 Jkt 223001 Special Accommodations The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders at the Mid-Atlantic Council Office, (302) 526–5251, at least 5 days prior to the meeting date. Dated: July 13, 2011. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–18028 Filed 7–18–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA578 Pacific Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The groundfish project team responsible for drafting and analyzing the 2013–14 harvest specification and management measures for the Pacific Fishery Management Council (Council) will hold a working meeting, which is open to the public. DATES: The project team meeting will be held Tuesday, August 16, 2011, from 1 p.m. until business for the day is completed. ADDRESSES: The project team meeting will be held in Portland, Oregon at the Pacific Fishery Management Council, Large Conference Room, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220–1384. FOR FURTHER INFORMATION CONTACT: Ms. Kelly Ames, Groundfish Staff Officer; telephone: (503) 820–2280. SUPPLEMENTARY INFORMATION: The primary purpose of the project team working meeting is to consider the scope of action for the 2013–14 harvest specifications and management measures based on Council action at the June 2011 meeting. Any products from the meeting will be available for Council PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 consideration at the September meeting in San Mateo, CA. No management actions will be decided by the Project Team. Although non-emergency issues not contained in the meeting agenda may come before the project team for discussion, those issues may not be the subject of formal project team action during this meeting. Project team action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under Section 305(c) of the MagnusonStevens Fishery Conservation and Management Act, provided the public has been notified of the project team’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820–2280 at least 5 days prior to the meeting date. Dated: July 14, 2011. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–18073 Filed 7–18–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office Statutory Invention Registration ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the revision of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before September 19, 2011. ADDRESSES: You may submit comments by any of the following methods: • E-mail: InformationCollection@uspto.gov. Include ‘‘0651–0036 comment’’ in the subject line of the message. • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and E:\FR\FM\19JYN1.SGM 19JYN1 42685 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Notices Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. • Federal Rulemaking Portal: https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313– 1450, by telephone at 571–272–7728, or by e-mail to Raul.Tamayo@uspto.gov with ‘‘Paperwork’’ in the subject line. Additional information about this collection is also available at https:// www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: I. Abstract An applicant for an original patent may request, at any time during the pendency of the applicant’s pending complete application, that the specification and drawings be published as a statutory invention registration (SIR). A published SIR is not a patent. It has the defensive attributes of a patent, e.g., it is usable as a reference as of its filing date in the same manner as a patent, but does not have the enforceable attributes of a patent. Historically, applicants have requested that the USPTO publish their patent applications as SIRs in certain instances when, for any of a variety of reasons, applicants no longer wanted to go through the effort and expense of obtaining patents on the inventions claimed in the applications. However, given that 37 CFR 1.211 requires the publication of most nonprovisional applications filed on or after November 29, 2000, applicants have increasingly found 1.211 publication of an application to be a desirable alternative to requesting an SIR, particularly since 1.211 publication of the application is achieved without any waiver of patent rights. 35 U.S.C. 157 authorizes the USPTO to publish an SIR containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant: (i) Meets the requirements of 35 U.S.C. 112; (ii) has complied with the requirements for printing; (iii) waives the right to receive a patent on the invention claimed effective upon the date of publication of the SIR; and (iv) pays all application, publication and other processing fees. The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293–1.297. Any request for an SIR is examined to determine whether the subject matter of the application is appropriate for publication and all other requirements have been met, including the requirements of 35 U.S.C. 112 and 37 CFR 1.293. The requester may petition the USPTO to review rejection decisions within one month or other such time as is set forth in the decision refusing publication. The requester may also petition the USPTO to withdraw a request to publish an SIR prior to the date of the notice of the intent to publish. If the request for an SIR is approved, a notice to that effect will be published in the Official Gazette of the USPTO. Each SIR that is published will include a statement relating to the attributes of an SIR. The public uses form PTO/SB/94, Request for Statutory Invention Registration, to request and authorize publication of a regularly filed patent application as an SIR, to waive the right to receive a United States patent on the same invention claimed in the identified patent application, to agree that the waiver will be effective upon publication of the SIR, and to state that the identified patent application complies with the requirements for printing. No forms are associated with the petition for a review of the refusal to publish an SIR or the petition to withdraw the request for publication of an SIR. II. Method of Collection By mail, facsimile, or hand delivery to the USPTO when the applicant or agent files an SIR with the USPTO. III. Data OMB Number: 0651–0036. Form Number(s): PTO/SB/94. Type of Review: Extension of a currently approved collection. Affected Public: Government agencies. Estimated Number of Respondents: 8 responses per year. Estimated Time per Response: The USPTO estimates that it will take approximately 24 minutes (0.40 hours) each to gather, prepare, and submit the completed request, depending upon the complexity of the situation. Estimated Total Annual Respondent Burden Hours: 4 hours. Estimated Total Annual Respondent Cost Burden: $1,300. The USPTO expects that attorneys will complete and submit this information. The estimated hourly rate for attorneys in private firms is $325. This is a fully loaded hourly rate. Estimated time for response (minutes) Item Estimated annual responses Estimated annual burden hours 24 24 24 5 1 2 2 1 1 Totals ........................................................................................................................ sroberts on DSK5SPTVN1PROD with NOTICES Statutory Invention Registration ...................................................................................... Petition to Review Final Refusal to Publish .................................................................... Petition to Withdraw SIR Publication Request ................................................................ ............................ 8 4 Estimated Total Annual (Non-Hour) Respondent Cost Burden: $8,170. There are no capital start-up or maintenance costs. However, this collection does have postage costs and filing fees. The public may submit the paper form and petitions in this collection to VerDate Mar<15>2010 17:20 Jul 18, 2011 Jkt 223001 the USPTO by mail through the United States Postal Service. The USPTO estimates that the average first-class postage cost for a mailed submission will be $1.28 for a 3 oz. large envelope, and that customers filing the documents associated with this information PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 collection may choose to mail their submissions to the USPTO. Therefore, the USPTO estimates that up to 8 submissions per year may be mailed to the USPTO as an average first-class postage rate of $1.28, for a total postage cost of $10. E:\FR\FM\19JYN1.SGM 19JYN1 42686 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Notices Responses (yr) Postage $ Total non-hour cost burden (a) Item (b) (a × b) (c) Statutory Invention Registration ...................................................................................... Petition to Review Final Refusal to Publish .................................................................... Petition to Withdraw SIR Publication Request ................................................................ 5 1 2 $1.28 1.28 1.28 $6.00 1.00 3.00 Totals ........................................................................................................................ 8 ............................ 10.00 There is annual (non-hour) cost burden in the way of filing fees associated with this collection of $8,160, as shown in the accompanying table. Responses (yr) Filing fee $ Total non-hour cost burden (a) Item (b) (a × b) (c) . Statutory Invention Registration (Requested prior to mailing of first office action, 37 CFR 1.17(n)) ................................................................................................................ Statutory Invention Registration (Requested after mailing of final office action, 37 CFR 1.17(o)) ......................................................................................................................... Petition to Review Final Refusal to Publish (37 CFR 1.295) .......................................... Petition to Withdraw Publication Request (37 CFR 1.296) ............................................. Petition to Withdraw Publication Request (on or after Date of Notice of Intent to Publish (37 CFR 1.296)) .................................................................................................... 2 The USPTO estimates that the total (non-hour) respondent cost burden for this collection in the form of postage costs and filing fees will be $8,170. sroberts on DSK5SPTVN1PROD with NOTICES IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record. Dated: July 14, 2011. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. 2011–18092 Filed 7–18–11; 8:45 am] BILLING CODE 3510–16–P VerDate Mar<15>2010 19:55 Jul 18, 2011 Jkt 223001 $1,840.00 3 1 1 1,840.00 200.00 200.00 5,520.00 200.00 200.00 1 400.00 400.00 8 Totals ........................................................................................................................ $920.00 ............................ 8,160.00 DEPARTMENT OF DEFENSE Department of the Navy 939–1210, E-mail: michael.seltzer@navy.mil. Dated: July 12, 2011. L.M. Senay, Lieutenant, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. Notice of Availability of GovernmentOwned Inventions; Available for Licensing AGENCY: Department ACTION: Notice. of the Navy, DoD. SUMMARY: The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are available for domestic licensing by the Department of the Navy. U.S. Patent No. 7,561,261: LADAR Stream Formatting and Processing Method//U.S. Patent No. 7,616,817: Three Dimensional Shape Correlator//U.S. Patent No. 7,948,610 B2: Combined Coherent and Incoherent Imaging LADAR. ADDRESSES: Requests for copies of the inventions cited should be directed to Naval Air Warfare Center Weapons Division, Code 4L4000D, 1900 N. Knox Road Stop 6312, China Lake, CA 93555– 6106 and must include the Navy Case number. FOR FURTHER INFORMATION CONTACT: Michael D. Seltzer, Ph.D., Head, Technology Transfer Office, Naval Air Warfare Center Weapons Division, Code 4L4000D, 1900 N. Knox Road Stop 6312, China Lake, CA 93555–6106, telephone 760–939–1074, FAX 760– PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 [FR Doc. 2011–18116 Filed 7–18–11; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF ENERGY DOE Response to Recommendation 2011–1 of the Defense Nuclear Facilities Safety Board, Safety Culture at the Waste Treatment and Immobilization Plant Department of Energy. Notice. AGENCY: ACTION: SUMMARY: On June 09, 2011, the Defense Nuclear Facilities Safety Board affirmed their Recommendation 2011–1, concerning Safety Culture at the Waste Treatment and Immobilization Plant, to the Department of Energy. In accordance with section 315(b) of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2286d(b), The following represents the Secretary of Energy’s response to the recommendation. ADDRESSES: Send comments, data, views, or arguments concerning the Secretary’s response to: Defense Nuclear E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42684-42686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18092]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Statutory Invention Registration

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to take this 
opportunity to comment on the revision of a continuing information 
collection, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before September 19, 
2011.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: InformationCollection@uspto.gov. Include ``0651-
0036 comment'' in the subject line of the message.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, United States Patent and

[[Page 42685]]

Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
     Federal Rulemaking Portal: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Raul Tamayo, Legal Advisor, 
Office of Patent Legal Administration, United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, by 
telephone at 571-272-7728, or by e-mail to Raul.Tamayo@uspto.gov with 
``Paperwork'' in the subject line. Additional information about this 
collection is also available at https://www.reginfo.gov under 
``Information Collection Review.''

SUPPLEMENTARY INFORMATION:

I. Abstract

    An applicant for an original patent may request, at any time during 
the pendency of the applicant's pending complete application, that the 
specification and drawings be published as a statutory invention 
registration (SIR). A published SIR is not a patent. It has the 
defensive attributes of a patent, e.g., it is usable as a reference as 
of its filing date in the same manner as a patent, but does not have 
the enforceable attributes of a patent. Historically, applicants have 
requested that the USPTO publish their patent applications as SIRs in 
certain instances when, for any of a variety of reasons, applicants no 
longer wanted to go through the effort and expense of obtaining patents 
on the inventions claimed in the applications. However, given that 37 
CFR 1.211 requires the publication of most nonprovisional applications 
filed on or after November 29, 2000, applicants have increasingly found 
1.211 publication of an application to be a desirable alternative to 
requesting an SIR, particularly since 1.211 publication of the 
application is achieved without any waiver of patent rights.
    35 U.S.C. 157 authorizes the USPTO to publish an SIR containing the 
specifications and drawings of a regularly filed application for a 
patent without examination if the applicant: (i) Meets the requirements 
of 35 U.S.C. 112; (ii) has complied with the requirements for printing; 
(iii) waives the right to receive a patent on the invention claimed 
effective upon the date of publication of the SIR; and (iv) pays all 
application, publication and other processing fees.
    The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293-1.297. Any 
request for an SIR is examined to determine whether the subject matter 
of the application is appropriate for publication and all other 
requirements have been met, including the requirements of 35 U.S.C. 112 
and 37 CFR 1.293.
    The requester may petition the USPTO to review rejection decisions 
within one month or other such time as is set forth in the decision 
refusing publication. The requester may also petition the USPTO to 
withdraw a request to publish an SIR prior to the date of the notice of 
the intent to publish.
    If the request for an SIR is approved, a notice to that effect will 
be published in the Official Gazette of the USPTO. Each SIR that is 
published will include a statement relating to the attributes of an 
SIR.
    The public uses form PTO/SB/94, Request for Statutory Invention 
Registration, to request and authorize publication of a regularly filed 
patent application as an SIR, to waive the right to receive a United 
States patent on the same invention claimed in the identified patent 
application, to agree that the waiver will be effective upon 
publication of the SIR, and to state that the identified patent 
application complies with the requirements for printing. No forms are 
associated with the petition for a review of the refusal to publish an 
SIR or the petition to withdraw the request for publication of an SIR.

II. Method of Collection

    By mail, facsimile, or hand delivery to the USPTO when the 
applicant or agent files an SIR with the USPTO.

III. Data

    OMB Number: 0651-0036.
    Form Number(s): PTO/SB/94.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Government agencies.
    Estimated Number of Respondents: 8 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
approximately 24 minutes (0.40 hours) each to gather, prepare, and 
submit the completed request, depending upon the complexity of the 
situation.
    Estimated Total Annual Respondent Burden Hours: 4 hours.
    Estimated Total Annual Respondent Cost Burden: $1,300. The USPTO 
expects that attorneys will complete and submit this information. The 
estimated hourly rate for attorneys in private firms is $325. This is a 
fully loaded hourly rate.

----------------------------------------------------------------------------------------------------------------
                                                             Estimated time
                           Item                               for response    Estimated annual  Estimated annual
                                                                (minutes)         responses       burden hours
----------------------------------------------------------------------------------------------------------------
Statutory Invention Registration..........................                24                 5                 2
Petition to Review Final Refusal to Publish...............                24                 1                 1
Petition to Withdraw SIR Publication Request..............                24                 2                 1
                                                           -----------------------------------------------------
    Totals................................................  ................                 8                 4
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual (Non-Hour) Respondent Cost Burden: $8,170. 
There are no capital start-up or maintenance costs. However, this 
collection does have postage costs and filing fees.
    The public may submit the paper form and petitions in this 
collection to the USPTO by mail through the United States Postal 
Service. The USPTO estimates that the average first-class postage cost 
for a mailed submission will be $1.28 for a 3 oz. large envelope, and 
that customers filing the documents associated with this information 
collection may choose to mail their submissions to the USPTO. 
Therefore, the USPTO estimates that up to 8 submissions per year may be 
mailed to the USPTO as an average first-class postage rate of $1.28, 
for a total postage cost of $10.

[[Page 42686]]



----------------------------------------------------------------------------------------------------------------
                                                                                                 Total non-hour
                           Item                              Responses (yr)       Postage $        cost burden
                                                                         (a)               (b)           (a x b)
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
Statutory Invention Registration..........................                 5             $1.28             $6.00
Petition to Review Final Refusal to Publish...............                 1              1.28              1.00
Petition to Withdraw SIR Publication Request..............                 2              1.28              3.00
                                                           -----------------------------------------------------
    Totals................................................                 8  ................             10.00
----------------------------------------------------------------------------------------------------------------

    There is annual (non-hour) cost burden in the way of filing fees 
associated with this collection of $8,160, as shown in the accompanying 
table.

----------------------------------------------------------------------------------------------------------------
                                                                                                 Total non-hour
                           Item                              Responses (yr)     Filing fee $       cost burden
                                                                         (a)               (b)           (a x b)
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
 
Statutory Invention Registration (Requested prior to                       2           $920.00         $1,840.00
 mailing of first office action, 37 CFR 1.17(n))..........
Statutory Invention Registration (Requested after mailing                  3          1,840.00          5,520.00
 of final office action, 37 CFR 1.17(o))..................
Petition to Review Final Refusal to Publish (37 CFR 1.295)                 1            200.00            200.00
Petition to Withdraw Publication Request (37 CFR 1.296)...                 1            200.00            200.00
Petition to Withdraw Publication Request (on or after Date                 1            400.00            400.00
 of Notice of Intent to Publish (37 CFR 1.296))...........
                                                           -----------------------------------------------------
    Totals................................................                 8  ................          8,160.00
----------------------------------------------------------------------------------------------------------------

    The USPTO estimates that the total (non-hour) respondent cost 
burden for this collection in the form of postage costs and filing fees 
will be $8,170.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, e.g., the use of automated 
collection techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they will also become a matter of public record.

    Dated: July 14, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-18092 Filed 7-18-11; 8:45 am]
BILLING CODE 3510-16-P