Sunshine Act Meeting, 2257-2258 [2013-00420]
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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices
applications, applicant may file the
application and the certification and
request electronically using the USPTO
electronic filing system, EFS-Web, and
selecting the document description of
‘‘Certification and Request for Missing
Parts Pilot’’ for the certification and
request on the EFS-Web screen. Form
PTO/AIA/421 is available on the
USPTO Web site at https://
www.uspto.gov/forms/aia0421.pdf.
Information regarding EFS-Web is
available on the USPTO Web site at
https://www.uspto.gov/ebc/index.jsp.
The utility application including the
certification and request to participate
in the pilot program may also be filed
by mail (e.g., by ‘‘Express Mail’’ in
accordance with 37 CFR 1.10) or handcarried to the USPTO. However,
applicants are advised that, effective
November 15, 2011, as provided in the
Leahy-Smith America Invents Act, a
new additional fee of $400.00 for a nonsmall entity ($200.00 for a small entity)
is due for any nonprovisional utility
patent application that is not filed by
EFS-Web. See Public Law. 112–29,
§ 10(h), 125 Stat. 283, 319 (2011). This
non-electronic filing fee is due on filing
of the utility application or within the
two-month (extendable) time period to
reply to the Notice to File Missing Parts
of Nonprovisional Application.
Applicants will not be given the twelvemonth time period to pay the nonelectronic filing fee. Therefore, utility
applicants are strongly encouraged to
file their utility applications via EFSWeb to avoid this additional fee.
For plant patent applications,
applicant must file the application
including the certification and request
to participate in the pilot program by
mail or hand-carried to the USPTO
since plant patent applications cannot
be filed electronically using EFS-Web.
See Legal Framework for Electronic
Filing System Web (EFS-Web), 74 FR
55200 (Oct. 27, 2009), 1348 Off. Gaz.
Pat. Office 394 (Nov. 24, 2009).
II. Processing of Requests: If applicant
satisfies the requirements (discussed
above) on filing of the nonprovisional
application and the application is in
condition for publication, the USPTO
will send applicant a Notice to File
Missing Parts of Nonprovisional
Application that sets a twelve-month
(non-extendable) time period to submit
the search fee, the examination fee, any
excess claims fees (under 37 CFR
1.16(h)–(j)), and the surcharge under 37
CFR 1.16(f) (for the late submission of
the search fee and examination fee). The
twelve-month time period will run from
the mailing date, or notification date for
e-Office Action participants, of the
Notice to File Missing Parts. For
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15:22 Jan 09, 2013
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information on the e-Office Action
program, see Electronic Office Action,
1343 Off. Gaz. Pat. Office 45 (June 2,
2009), and https://www.uspto.gov/
patents/process/status/eOffice_Action.jsp. After an applicant
files a timely reply to the Notice to File
Missing Parts within the twelve-month
time period and the nonprovisional
application is completed, the
nonprovisional application will be
placed in the examination queue based
on the actual filing date of the
nonprovisional application.
For a detailed discussion regarding
treatment of applications that are not in
condition for publication, processing of
improper requests to participate in the
program, and treatment of
authorizations to charge fees, see Pilot
Program for Extended Time Period To
Reply to a Notice to File Missing Parts
of Nonprovisional Application, 75 FR
76401, 76403–04 (Dec. 8, 2010), 1362
Off. Gaz. Pat. Office 44, 47–49 (Jan. 4,
2011).
III. Important Reminders: Applicants
are reminded that the disclosure of an
invention in a provisional application
should be as complete as possible
because the claimed subject matter in
the later-filed nonprovisional
application must have support in the
provisional application in order for the
applicant to obtain the benefit of the
filing date of the provisional
application.
Furthermore, the nonprovisional
application as originally filed must have
a complete disclosure that complies
with 35 U.S.C. 112(a) which is sufficient
to support the claims submitted on
filing and any claims submitted later
during prosecution. New matter cannot
be added to an application after the
filing date of the application. See 35
U.S.C. 132(a). In order to be accorded a
filing date, a nonprovisional application
must include a specification concluding
with at least one claim as prescribed by
35 U.S.C. 112 and a drawing as
prescribed by 35 U.S.C. 113. See 35
U.S.C. 111(a). While only one claim is
required in a nonprovisional application
for filing date purposes and applicant
may file an amendment adding
additional claims later during
prosecution, applicant should consider
the benefits of submitting a complete set
of claims on filing of the nonprovisional
application. This would reduce the
likelihood that any claims added later
during prosecution might be found to
contain new matter. Also, if a patent is
granted and the patentee is successful in
litigation against an infringer,
provisional rights to a reasonable
royalty under 35 U.S.C. 154(d) may be
available only if the claims that are
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2257
published in the patent application
publication are substantially identical to
the patented claims that are infringed,
assuming timely actual notice is
provided. Thus, the importance of the
claims that are included in the patent
application publication should not be
overlooked.
Applicants are also advised that the
extended missing parts period does not
affect the twelve-month priority period
provided by the Paris Convention for
the Protection of Industrial Property
(Paris Convention). Thus, any foreign
filings must still be made within twelve
months of the filing date of the
provisional application if applicant
wishes to rely on the provisional
application in the foreign-filed
application or if protection is desired in
a country requiring filing within twelve
months of the earliest application for
which rights are left outstanding in
order to be entitled to priority.
For additional reminders, see Pilot
Program for Extended Time Period To
Reply to a Notice to File Missing Parts
of Nonprovisional Application, 75 FR
76401, 76405 (Dec. 8, 2010), 1362 Off.
Gaz. Pat. Office 44, 50 (Jan. 4, 2011).
Dated: January 3, 2013.
Teresa Stanek Rea,
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of
the United States Patent and Trademark
Office.
[FR Doc. 2013–00336 Filed 1–9–13; 8:45 am]
BILLING CODE 3510–16–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting
Wednesday, January 16,
2013, 10:00 a.m.–12:00 p.m.
PLACE: Room 420, Bethesda Towers,
4330 East West Highway, Bethesda,
Maryland.
STATUS: Commission Meeting—Open to
the Public
TIME AND DATE:
Matters To Be Considered
Decisional Matters
1. Section 1110 Certificated of
Compliance—Notice of Proposed
Rulemaking;
2. Fiscal Year 2013 Operating Plan
A live webcast of the Meeting can be
viewed at www.cpsc.gov/webcast
For a recorded message containing the
latest agenda information, call (301)
504–7948.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
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2258
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, (301)
504–7923.
Dated: January 8, 2013.
Todd A. Stevenson,
Secretary.
[FR Doc. 2013–00420 Filed 1–8–13; 4:15 pm]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 13–1]
Notice of Telephonic Prehearing
Conference
U.S. Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
Notice of telephonic
prehearing conference for the case: In
the Matter of BABY MATTERS LLC,
CPSC Docket No.13–1.
DATES: January 28, 2013, 11:00 a.m.
Eastern.
SUMMARY:
Members of the public are
welcome to attend the prehearing
conference to be held at the U.S.
Customs House, 40 S. Gay Street, 4th
Floor, Room 403 (U.S. Coast Guard
Administrative Law Judge Courtroom),
Baltimore, Maryland 21202.
FOR FURTHER INFORMATION CONTACT:
Regina Maye, Paralegal Specialist, U.S.
Coast Guard ALJ Program, (212) 825–
1230.
ADDRESSES:
Any or all
of the following shall be considered
during the prehearing conference:
(1) Petitions for leave to intervene;
(2) Motions, including motions for
consolidation of proceedings and for
certification of class actions;
(3) Identification, simplification and
clarification of the issues;
(4) Necessity or desirability of
amending the pleadings;
(5) Stipulations and admissions of fact
and of the content and authenticity of
documents;
(6) Oppositions to notices of
depositions;
(7) Motions for protective orders to
limit or modify discovery;
(8) Issuance of subpoenas to compel
the appearance of witnesses and the
production of documents;
(9) Limitation of the number of
witnesses, particularly to avoid
duplicate expert witnesses;
(10) Matters of which official notice
should be taken and matters which may
be resolved by reliance upon the laws
administered by the Commission or
upon the Commission’s substantive
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SUPPLEMENTARY INFORMATION:
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standards, regulations, and consumer
product safety rules;
(11) Disclosure of the names of
witnesses and of documents or other
physical exhibits which are intended to
be introduced into evidence;
(12) Consideration of offers of
settlement;
(13) Establishment of a schedule for
the exchange of final witness lists,
prepared testimony and documents, and
for the date, time and place of the
hearing, with due regard to the
convenience of the parties; and
(14) Such other matters as may aid in
the efficient presentation or disposition
of the proceedings.
Telephonic conferencing
arrangements for the parties will be
made by the court. Mary Murphy, Esq.
and Kelly Moore, Esq., Counsel for the
U.S. Consumer Product Safety
Commission, and Raymond G. Mullady,
Jr. and Adrien C. Pickard of BLANK
ROME, LLP, Counsel for BABY
MATTERS LLC shall be provided with
a phone number and passcode in a
separate notice of pre-hearing
conference so they may participate
telephonically if they so choose.
Authority: Consumer Product Safety Act,
15 U.S.C. 2064.
Dated: January 4, 2013.
Todd A. Stevenson,
Secretary.
[FR Doc. 2013–00312 Filed 1–9–13; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Board of Regents of the Uniformed
Services University of the Health
Sciences; Quarterly Meeting Notice
Uniformed Services University
of the Health Sciences (USU),
Department of Defense.
ACTION: Quarterly meeting notice.
AGENCY:
Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended)
and the Government in the Sunshine
Act of 1976 (5 U.S.C. 552b, as
amended), this notice announces the
following meeting of the Board of
Regents of the Uniformed Services
University of the Health Sciences.
DATES: Tuesday, February 5, 2013, from
8:00 a.m. to 11:30 a.m. (Open Session);
11:30 a.m. to 12:00 p.m. (Closed
Session).
SUMMARY:
Everett Alvarez Jr. Board of
Regents Room (D3001), Uniformed
Services University of the Health
ADDRESSES:
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Sciences, 4301 Jones Bridge Road,
Bethesda, Maryland 20814.
Mr.
Joshua Girton, Alternate Designated
Federal Officer, 4301 Jones Bridge Road,
Bethesda, Maryland 20814; telephone
301–295–3028. Mr. Girton can also
provide base access procedures.
SUPPLEMENTARY INFORMATION:
Purpose of the Meeting: Meetings of
the Board of Regents assure that USU
operates in the best traditions of
academia. An outside Board is
necessary for institutional accreditation.
Agenda: The actions that will take
place include the approval of minutes
from the Board of Regents Meeting held
November 9, 2012; recommendations
regarding the approval of faculty
appointments and promotions in the
School of Medicine and Graduate
School of Nursing; and
recommendations regarding the
awarding of master’s and doctoral
degrees in the biomedical sciences and
public health. The Board will also
receive reports from the President, USU
and the Executive Director of the Center
for Deployment Psychology. All of these
actions are necessary for the University
to pursue its mission, which is to
provide outstanding health care
practitioners and scientists to the
uniformed services.
Meeting Accessibility: Pursuant to
Federal statute and regulations (5 U.S.C.
552b, as amended, and 41 CFR 102–
3.140 through 102–3.165) and the
availability of space, most of the
meeting is open to the public. Seating is
on a first-come basis. Members of the
public wishing to attend the meeting
should contact Mr. Joshua Girton at the
address and phone number previously
noted. The closed portion of this
meeting is authorized by 5 U.S.C.
552b(c)(6) as the subject matter involves
personal and private observations.
Written Statements: Interested
persons may submit a written statement
for consideration by the Board of
Regents. Individuals submitting a
written statement must submit their
statement to the Alternate Designated
Federal Officer at the address listed in
FOR FURTHER INFORMATION CONTACT. If
such statement is not received at least
10 calendar days prior to the meeting,
it may not be provided to or considered
by the Board of Regents until its next
open meeting. The Alternate Designated
Federal Officer will review all timely
submissions with the Board of Regents
Chairman and ensure such submissions
are provided to Board of Regents
Members before the meeting. After
reviewing the written comments,
submitters may be invited to orally
FOR FURTHER INFORMATION CONTACT:
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Agencies
[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2257-2258]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00420]
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CONSUMER PRODUCT SAFETY COMMISSION
Sunshine Act Meeting
TIME AND DATE: Wednesday, January 16, 2013, 10:00 a.m.-12:00 p.m.
PLACE: Room 420, Bethesda Towers, 4330 East West Highway, Bethesda,
Maryland.
STATUS: Commission Meeting--Open to the Public
Matters To Be Considered
Decisional Matters
1. Section 1110 Certificated of Compliance--Notice of Proposed
Rulemaking;
2. Fiscal Year 2013 Operating Plan
A live webcast of the Meeting can be viewed at www.cpsc.gov/webcast
For a recorded message containing the latest agenda information,
call (301) 504-7948.
CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
[[Page 2258]]
Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301)
504-7923.
Dated: January 8, 2013.
Todd A. Stevenson,
Secretary.
[FR Doc. 2013-00420 Filed 1-8-13; 4:15 pm]
BILLING CODE 6355-01-P