Agency Information Collection Activities: Comment Request, 65908-65909 [2012-26716]
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65908
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
qualify as printed publications. With
respect to the ’581 patent, the
Commission determined to review the
ALJ’s construction of the claim term
‘‘linear array,’’ and the ALJ’s findings on
infringement and invalidity in view of
the proper construction of that claim
term. The Commission also determined
to review the ALJ’s finding that no
domestic industry exists with respect to
the ’581 patent. The Commission further
determined to review the ALJ’s rejection
of the BDT Respondents’ patent
exhaustion defense. The Commission
determined not to review the remaining
issues decided in the ID.
On September 4, 2012, the parties
filed written submissions on the issues
under review, remedy, the public
interest, and bonding. On September 12,
2012, the parties filed reply briefs. The
Commission did not receive any nonparty submissions.
Having examined the record of this
investigation, including the ALJ’s final
ID and the parties’ submissions, the
Commission has determined to remand
the investigation to the ALJ with respect
to the ’766 and the ’581 patents, and to
extend the target date.
Specifically, the Commission affirms,
with modified reasoning, the ALJ’s
finding that the BDT Respondents did
not contributorily infringe the asserted
claims of the ’766 patent. In particular,
the Commission finds that Overland
waived its right to argue that the
requisite knowledge required for
contributory infringement can be
presumed. The Commission also finds
that Overland has not proven that the
BDT Respondents imported, sold for
importation, or sold after importation
within the United States, any Accused
Products that contributed to IBM’s or
Dell’s direct infringement after the BDT
Respondents had knowledge of the ’766
patent. In addition, the Commission
reverses the ALJ’s finding that the IBM
documents related to the IBM 3570,
7331, 7336, and 3494 tape libraries do
not qualify as ‘‘printed publications’’
under 35 U.S.C. 102, but affirms the
ALJ’s finding that the IBM documents
related to the IBM 3575 tape library do
not qualify as ‘‘printed publications.’’
Accordingly, the Commission remands
the investigation to the ALJ to consider
whether the IBM documents that qualify
as prior art anticipate or, in combination
with their associated IBM tape library
and/or U.S. Patent No. 6,434,090, render
obvious the asserted claims of the ’766
patent.
With respect to the ’581 patent, the
Commission finds that the limitation
‘‘linear array’’ as recited in claims 1, 2,
5, 6, 7, 9, 10, 12, and 16 means ‘‘media
element storage locations [or cells]
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17:08 Oct 30, 2012
Jkt 229001
arranged in one or more straight lines.’’
The Commission affirms, with modified
reasoning, the ALJ’s finding of
noninfringement. The Commission also
affirms, with modified reasoning, the
ALJ’s finding that the ’581 patent was
not shown to be invalid. In addition, the
Commission reverses the ALJ’s finding
that Overland has failed to satisfy the
technical prong of the domestic industry
requirement. Specifically, the
Commission finds that Overland has
sustained its burden of showing by a
preponderance of the evidence that at
least its NEO 2000, 2000e, 4000, and
4000e tape libraries practice one or
more claims of the ’581 patent.
Accordingly, the Commission remands
the investigation to the ALJ to consider
whether Overland has satisfied the
economic prong of the domestic
industry requirement. Finally, the
Commission affirms, with modified
reasoning, the ALJ’s rejection of the BDT
Respondents’ patent exhaustion
defense.
The Commission has extended the
target date for completion of this
investigation to March 25, 2013.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.50 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.50).
By order of the Commission.
Issued: October 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–26709 Filed 10–30–12; 8:45 am]
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[F.C.S.C. Meeting and Hearing Notice No.
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The Foreign Claims Settlement
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hereby gives notice in regard to the
scheduling of open meetings as follows:
Thursday, November 8, 2012
10:00 a.m.—Oral hearings on
Objection to Commission’s Proposed
Decisions in Claim No. LIB–II–174;
11:00 a.m.—Issuance of Proposed
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1:00 p.m.—Oral hearings on Objection
to Commission’s Proposed Decisions in
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PO 00000
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2:00 p.m.—LIB–II–146.
Friday, November 9, 2012
9:00 a.m.—LIB–II–154;
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Status: Open.
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Settlement Commission, 600 E Street
NW., Suite 6002, Washington, DC
20579. Telephone: (202) 616–6975.
Jaleh F. Barrett,
Chief Counsel.
[FR Doc. 2012–26851 Filed 10–29–12; 11:15 am]
BILLING CODE 4410–BA–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB review;
Comment request.
AGENCY:
ACTION:
The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995, Public Law 104–
13. This is the second notice for public
comment; the first was published in the
Federal Register at 77 FR 38336. NSF is
forwarding the proposed renewal
submission to the Office of Management
and Budget (OMB) for clearance
simultaneously with the publication of
this second notice. The full submission
may be found at: https://
www.reginfo.gov/public/do/PRAMain.
Comments: Comments regarding (a)
whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; (c) ways to enhance
the quality, utility and clarity of the
information to be collected; or (d) ways
to minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology should be
addressed to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for National Science
SUMMARY:
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31OCN1
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
Foundation, 725–17th Street NW., Room
10235, Washington, DC 20503, and to
Suzanne H. Plimpton, Reports Clearance
Officer, National Science Foundation,
4201 Wilson Boulevard, Suite 295,
Arlington, Virginia 22230 or send email
to splimpto@nsf.gov. Comments
regarding these information collections
are best assured of having their full
effect if received within 30 days of this
notification. Copies of the submission(s)
may be obtained by calling 703–292–
7556.
FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with NOTICES
Suzanne H. Plimpton at (703) 292–7556
or send email to splimpto@nsf.gov.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, which is accessible 24 hours a
day, 7 days a week, 365 days a year
(including Federal holidays).
NSF may not conduct or sponsor a
collection of information unless the
collection of information displays a
currently valid OMB control number
and the agency informs potential
persons who are to respond to the
collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
SUPPLEMENTARY INFORMATION:
Title of Collection: Monitoring for the
National Science Foundation’s Math
and Science Partnership (MSP) Program.
OMB Control No.: 3145–0199.
1. Abstract
This document has been prepared to
support the clearance of data collection
instruments to be used in the evaluation
of the Math and Science Partnership
(MSP) program. The goals for the
program are to (1) ensure that all K–12
students have access to, are prepared
for, and are encouraged to participate
and succeed in challenging curricula
and advanced mathematics and science
courses; (2) enhance the quality,
quantity, and diversity of the K–12
mathematics and science teacher
workforce; and (3) develop evidencebased outcomes that contribute to our
understanding of how students
effectively learn mathematics and
science. The motivational force for
realizing these goals is the formation of
partnerships between institutions of
higher education (IHEs) and K–12
school districts. The role of IHE content
faculty is the cornerstone of this
intervention. In fact, it is the rigorous
involvement of science, mathematics,
and engineering faculty—and the
expectation that both IHEs and K–12
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Jkt 229001
school systems will be transformed—
that distinguishes MSP from other
education reform efforts.
The components of the overall MSP
portfolio include active projects whose
initial awards were made prior MSP
competitions: (1) Comprehensive
Partnerships that implement change in
mathematics and/or science educational
practices in both higher education
institutions and in schools and school
districts, resulting in improved student
achievement across the K–12
continuum; (2) Targeted Partnerships
that focus on improved K–12 student
achievement in a narrower grade range
or disciplinary focus within
mathematics or science; (3) Institute
Partnerships: Teacher Institutes for the
21st Century that focus on the
development of mathematics and
science teachers as school—and districtbased intellectual leaders and master
teachers; and (4) Research, Evaluation
and Technical Assistance (RETA)
projects that build and enhance largescale research and evaluation capacity
for all MSP awardees and provide them
with tools and assistance in the
implementation and evaluation of their
work.
The MSP monitoring information
system, comprised of eight web-based
surveys and one paper survey, collects
a common core of data about each
component of MSP. The Web
application for MSP has been developed
with a modular design that incorporates
templates and self-contained code
modules for rapid development and
ease of modification. A downloadable
version will also be available for
respondents who prefer a paper version
that they can mail or fax to the external
contractor.
Use of the information: This
information is required for effective
program planning, administration,
communication, program and project
monitoring and evaluation, and for
measuring attainment of NSF’s program,
project and strategic goals, as required
by the President’s Management agenda
as represented by the Office of
Management and Budget’s (OMB)
Program Assessment Rating Tool
(PART); the Deficit Reduction Act of
2005 (Pub. L. 109–171) which
established the Academic
Competitiveness (ACC) and the NSF’s
Strategic Plan. The Foundation’s FY
2006–2011 Strategic Plan describes four
strategic outcome goals of Discovery,
Learning, Research Infrastructure, and
Stewardship. NSF’s complete strategic
plan may be found at: https://
www.nsf.gov/publications/pub_summ.
jsp?ods_key=nsf0648.
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
65909
2. Expected Respondents
Individuals or households, not-forprofit institutions, business or other for
profit, and Federal State, local or tribal
government. The expected respondents
are principle investigators of all
partnership and RETA projects; STEM
and education faculty members and
administrators who participated in
MSP; school districts and IHEs that are
partners in an MSP project; and teachers
participating in Institute Partnerships.
3. Burden on the Public
Number of Respondents: 2,348
Burden of the Public: The total
estimate for this collection is 52,082
annual burden hours.
This figure is based upon the previous
3 years of collecting information under
this clearance and anticipated
collections. The average annual
reporting burden is estimated to be
between 2 and 22 hours per respondent
depending on whether a respondent is
a direct participant who is self-reporting
or representing a project and reporting
on behalf of many project participants.
The majority of respondents (60%) are
estimated to require fewer than two
hours to complete the survey. The
burden on the public is negligible
because the study is limited to project
participants that have received funding
from the MSP Program.
Dated: October 25, 2012.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2012–26716 Filed 10–30–12; 8:45 am]
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NUCLEAR REGULATORY
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Pursuant to delegation by the
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notice is hereby given that an Atomic
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]]>Agencies
[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65908-65909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26716]
=======================================================================
-----------------------------------------------------------------------
NATIONAL SCIENCE FOUNDATION
Agency Information Collection Activities: Comment Request
AGENCY: National Science Foundation.
ACTION: Submission for OMB review; Comment request.
-----------------------------------------------------------------------
SUMMARY: The National Science Foundation (NSF) has submitted the
following information collection requirement to OMB for review and
clearance under the Paperwork Reduction Act of 1995, Public Law 104-13.
This is the second notice for public comment; the first was published
in the Federal Register at 77 FR 38336. NSF is forwarding the proposed
renewal submission to the Office of Management and Budget (OMB) for
clearance simultaneously with the publication of this second notice.
The full submission may be found at: https://www.reginfo.gov/public/do/PRAMain.
Comments: Comments regarding (a) whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of burden including
the validity of the methodology and assumptions used; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; or (d) ways to minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology should
be addressed to: Office of Information and Regulatory Affairs of OMB,
Attention: Desk Officer for National Science
[[Page 65909]]
Foundation, 725-17th Street NW., Room 10235, Washington, DC 20503, and
to Suzanne H. Plimpton, Reports Clearance Officer, National Science
Foundation, 4201 Wilson Boulevard, Suite 295, Arlington, Virginia 22230
or send email to splimpto@nsf.gov. Comments regarding these information
collections are best assured of having their full effect if received
within 30 days of this notification. Copies of the submission(s) may be
obtained by calling 703-292-7556.
FOR FURTHER INFORMATION CONTACT: Suzanne H. Plimpton at (703) 292-7556
or send email to splimpto@nsf.gov. Individuals who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339, which is accessible
24 hours a day, 7 days a week, 365 days a year (including Federal
holidays).
NSF may not conduct or sponsor a collection of information unless
the collection of information displays a currently valid OMB control
number and the agency informs potential persons who are to respond to
the collection of information that such persons are not required to
respond to the collection of information unless it displays a currently
valid OMB control number.
SUPPLEMENTARY INFORMATION:
Title of Collection: Monitoring for the National Science
Foundation's Math and Science Partnership (MSP) Program.
OMB Control No.: 3145-0199.
1. Abstract
This document has been prepared to support the clearance of data
collection instruments to be used in the evaluation of the Math and
Science Partnership (MSP) program. The goals for the program are to (1)
ensure that all K-12 students have access to, are prepared for, and are
encouraged to participate and succeed in challenging curricula and
advanced mathematics and science courses; (2) enhance the quality,
quantity, and diversity of the K-12 mathematics and science teacher
workforce; and (3) develop evidence-based outcomes that contribute to
our understanding of how students effectively learn mathematics and
science. The motivational force for realizing these goals is the
formation of partnerships between institutions of higher education
(IHEs) and K-12 school districts. The role of IHE content faculty is
the cornerstone of this intervention. In fact, it is the rigorous
involvement of science, mathematics, and engineering faculty--and the
expectation that both IHEs and K-12 school systems will be
transformed--that distinguishes MSP from other education reform
efforts.
The components of the overall MSP portfolio include active projects
whose initial awards were made prior MSP competitions: (1)
Comprehensive Partnerships that implement change in mathematics and/or
science educational practices in both higher education institutions and
in schools and school districts, resulting in improved student
achievement across the K-12 continuum; (2) Targeted Partnerships that
focus on improved K-12 student achievement in a narrower grade range or
disciplinary focus within mathematics or science; (3) Institute
Partnerships: Teacher Institutes for the 21st Century that focus on the
development of mathematics and science teachers as school--and
district-based intellectual leaders and master teachers; and (4)
Research, Evaluation and Technical Assistance (RETA) projects that
build and enhance large-scale research and evaluation capacity for all
MSP awardees and provide them with tools and assistance in the
implementation and evaluation of their work.
The MSP monitoring information system, comprised of eight web-based
surveys and one paper survey, collects a common core of data about each
component of MSP. The Web application for MSP has been developed with a
modular design that incorporates templates and self-contained code
modules for rapid development and ease of modification. A downloadable
version will also be available for respondents who prefer a paper
version that they can mail or fax to the external contractor.
Use of the information: This information is required for effective
program planning, administration, communication, program and project
monitoring and evaluation, and for measuring attainment of NSF's
program, project and strategic goals, as required by the President's
Management agenda as represented by the Office of Management and
Budget's (OMB) Program Assessment Rating Tool (PART); the Deficit
Reduction Act of 2005 (Pub. L. 109-171) which established the Academic
Competitiveness (ACC) and the NSF's Strategic Plan. The Foundation's FY
2006-2011 Strategic Plan describes four strategic outcome goals of
Discovery, Learning, Research Infrastructure, and Stewardship. NSF's
complete strategic plan may be found at: https://www.nsf.gov/publications/pub_summ. jsp?ods--key=nsf0648.
2. Expected Respondents
Individuals or households, not-for-profit institutions, business or
other for profit, and Federal State, local or tribal government. The
expected respondents are principle investigators of all partnership and
RETA projects; STEM and education faculty members and administrators
who participated in MSP; school districts and IHEs that are partners in
an MSP project; and teachers participating in Institute Partnerships.
3. Burden on the Public
Number of Respondents: 2,348
Burden of the Public: The total estimate for this collection is
52,082 annual burden hours.
This figure is based upon the previous 3 years of collecting
information under this clearance and anticipated collections. The
average annual reporting burden is estimated to be between 2 and 22
hours per respondent depending on whether a respondent is a direct
participant who is self-reporting or representing a project and
reporting on behalf of many project participants. The majority of
respondents (60%) are estimated to require fewer than two hours to
complete the survey. The burden on the public is negligible because the
study is limited to project participants that have received funding
from the MSP Program.
Dated: October 25, 2012.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2012-26716 Filed 10-30-12; 8:45 am]
BILLING CODE 7555-01-P
