After Final Consideration Pilot Program 2.0, 29117-29119 [2013-11870]
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Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Notices
Committee of the AK B0F and Council
will meet in Juneau, AK.
The meeting will be held on June
12, 2013, from 9 a.m. to 5 p.m.
DATES:
The meeting will be held at
the Centennial Hall, 101 Egan Drive,
Ballroom 1, Juneau, AK.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252.
ADDRESSES:
AK
BOF Staff, (907) 465–4110 or Council
staff, (907) 271–2809.
FOR FURTHER INFORMATION CONTACT:
The
Committee will review the following:
Updates on Gulf of Alaska (GOA) nonpollock Chinook bycatch and other
salmon bycatch issues, GOA trawl
bycatch management, restructured
observer program and electronic
monitoring, Steller sea lion (SSL)
Environmental Impact Statement (EIS)
and associated issues, including
Aleutian Islands cod processing
sideboards and relationship to BOF state
water groundfish fishery proposals;
Update on definition of a fishing guide
and coordination of state and federal
regulations and report on Pacific cod
and other groundfish proposals to the
BOF. The Agenda is subject to change,
and the latest version will be posted at
https://www.alaskafisheries.noaa.gov/
npfmc/.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. 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 Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Gail
Bendixen at (907) 271–2809 at least 7
working days prior to the meeting date.
Dated: May 14, 2013.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–11788 Filed 5–16–13; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC439
Marine Mammals; File No. 17005
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that a
permit has been issued to Peter Rogers,
Ph.D., Georgia Institute of Technology,
Woodruff School of Mechanical
Engineering, Atlanta, GA 30332 to
conduct research on cetacean species
not listed under the Endangered Species
Act (ESA).
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following offices: See
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman or Amy Sloan, (301)
427–8401.
SUPPLEMENTARY INFORMATION: On
January 15, 2013, notice was published
in the Federal Register (78 FR 2956)
that a request for a permit to conduct
research on non-listed cetacean species
had been submitted by the above-named
applicant. The requested permit has
been issued under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
In cooperation with local marine
mammal stranding networks, Dr. Rogers
is authorized to conduct scientific
research on non-listed cetacean species
in Atlantic and Pacific coastal areas of
the contiguous United States.
Researchers may use a non-invasive
ultrasound-based system to determine
the low frequency elastic properties of
cetacean head tissues. The work also
would allow researchers to: (1)
Determine any short term changes in
soft tissue elasticity if an animal dies
during the stranding response, and (2)
assess differences between intact and
harvested tissues from deceased
stranded animals. The permit is valid
through May 10, 2018.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
SUMMARY:
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Documents may be reviewed in the
following locations:
Permits and Conservation Division,
Office of Protected Resources, NMFS,
1315 East-West Highway, Room 13705,
Silver Spring, MD 20910; phone (301)
427–8401; fax (301) 713–0376;
Northwest Region, NMFS, 7600 Sand
Point Way NE., BIN C15700, Bldg. 1,
Seattle, WA 98115–0700; phone (206)
526–6150; fax (206) 526–6426;
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562) 980–4001;
fax (562) 980–4018;
Northeast Region, NMFS, 55 Great
Republic Drive, Gloucester, MA 01930;
phone (978) 281–9328; fax (978) 281–
9394; and
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, FL
33701; phone (727) 824–5312; fax (727)
824–5309.
Dated: May 14, 2013.
P. Michael Payne,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2013–11773 Filed 5–16–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No. PTO–P–2013–0013]
After Final Consideration Pilot
Program 2.0
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO) has
modified the After Final Consideration
Pilot Program (AFCP) to create the After
Final Consideration Pilot Program 2.0
(AFCP 2.0). Applicants who wish to
participate in AFCP 2.0 must file a
request to have a response after final
rejection (which the examiner may have
sufficient basis not to consider under
current practice) considered by the
examiner without reopening
prosecution. The response after final
rejection must include an amendment to
at least one independent claim. The
examiner will be allotted a set amount
of time under AFCP 2.0 to consider the
response. If the examiner’s
consideration of a proper AFCP 2.0
request and response does not result in
a determination that all pending claims
are in condition for allowance, the
examiner will request an interview with
the applicant to discuss the response.
SUMMARY:
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29118
Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Notices
There are thus three main differences
between AFCP and AFCP 2.0: an
applicant must request to participate in
AFCP 2.0; a response after final
rejection under AFCP 2.0 must include
an amendment to at least one
independent claim; and the examiner
will request an interview with the
applicant to discuss a response, if the
response did not result in a
determination that all pending claims
are in condition for allowance. The goal
of AFCP 2.0 is to reduce pendency by
reducing the number of Requests for
Continued Examination (RCE) and
encouraging increased collaboration
between the applicant and the examiner
to effectively advance the prosecution of
the application. There is no additional
fee required to request consideration of
an amendment after final rejection
under AFCP 2.0, but any necessary
existing fee, e.g., the fee for an extension
of time, must still be paid.
DATES: Effective Date: May 19, 2013.
Duration: AFCP 2.0 will run from its
effective date until September 30, 2013.
A request to consider an amendment
after final rejection under AFCP 2.0
must be filed on or before September 30,
2013. The USPTO may extend AFCP 2.0
(with or without modifications)
depending on feedback from the
participants and the effectiveness of the
pilot program.
FOR FURTHER INFORMATION CONTACT: Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, Office of
the Deputy Commissioner for Patent
Examination Policy, by telephone at
(571) 272–7728, or by mail addressed to:
Mail Stop Comments—Patents,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450.
SUPPLEMENTARY INFORMATION: As
outlined herein, AFCP 2.0 involves
responses filed after a final rejection
pursuant to 37 CFR 1.116. Under
current practice, examiners have
sufficient basis not to consider many
responses filed after a final rejection,
including responses that would require
further search and/or consideration.
See, e.g., sections 714.12 through 714.13
of the Manual of Patent Examining
Procedure (8th ed. 2001) (Rev. 9, August
2012) (MPEP). AFCP 2.0 allots a limited
amount of time for examiners to
consider responses after final rejection
that include an amendment to at least
one independent claim and require
further search and/or consideration.
Examiners will also use the time
allotted to them under AFCP 2.0 to
conduct an interview to discuss the
response, for those responses that do not
place the application in condition for
allowance. AFCP 2.0 will help inform
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the USPTO as to whether authorization
of the limited amount of time will
reduce the number of RCEs. AFCP 2.0
replaces AFCP, which terminates on
May 18, 2013.
A. AFCP 2.0 Requirements
In order to be eligible to participate in
AFCP 2.0, an application must contain
an outstanding final rejection and be (i)
an original utility, plant, or design
nonprovisional application filed under
35 U.S.C. 111(a), or (ii) an international
application that has entered the national
stage in compliance with 35 U.S.C.
371(c). A continuing application (e.g., a
continuation or divisional application)
is filed under 35 U.S.C. 111(a) and is
thus eligible to participate in AFCP 2.0.
Reissue applications and reexamination
proceedings are not eligible to
participate in AFCP 2.0.
A request for an examiner to consider
an amendment after final rejection
under AFCP 2.0 must include the
following items: (1) A transmittal form,
such as form PTO/SB/434, that
identifies the submission as an AFCP
2.0 submission and requests
consideration under AFCP 2.0; (2) a
response under 37 CFR 1.116, including
an amendment to at least one
independent claim that does not
broaden the scope of the independent
claim in any aspect; (3) a statement that
the applicant is willing and available to
participate in any interview initiated by
the examiner concerning the
accompanying response; and (4) any
necessary fees.
Only one request for consideration
under AFCP 2.0 may be filed in
response to an outstanding final
rejection. Second or subsequent requests
for consideration under AFCP 2.0 filed
in response to the same outstanding
final rejection will be processed
consistent with current practice
concerning responses after final
rejection under 37 CFR 1.116. In
addition, all papers associated with this
pilot program must be filed via the
USPTO’s Electronic Filing System-Web
(EFS–Web).
1. Transmittal Form
AFCP 2.0 requires applicants to
specifically request consideration under
the program. The USPTO has included
this requirement in an effort to focus the
program on applications that are more
likely to benefit from the program. The
requirement to request consideration
should also improve the data generated
on the effectiveness of the program.
Applicants are advised to use form
PTO/SB/434, which is available at
https://www.uspto.gov/forms/index.jsp,
to request consideration under AFCP
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2.0. Use of this form will also help the
Office to quickly identify AFCP 2.0
submissions and facilitate timely
processing of such submissions. The
Office of Management and Budget
(OMB) has determined that, under 5
CFR1320.3(h), form PTO/SB/434 does
not collect ‘‘information’’ within the
meaning of the Paperwork Reduction
Act of 1995.
2. Amendment
A submission under AFCP 2.0 must
include a response filed under 37 CFR
1.116. The 37 CFR 1.116 response must
include an amendment to at least one
independent claim. The amendment
may not broaden the scope of the
independent claim in any aspect. For
the purposes of AFCP 2.0, the analysis
of whether an amendment to an
independent claim impermissibly
broadens the scope of the claim will be
analogous to the guidance set forth in
section 1412.03 of the MPEP for
determining whether a reissue claim has
been broadened.
3. Interview statement
A submission under AFCP 2.0 must
include a statement by the applicant
that they are willing and available to
participate in any interview initiated by
the examiner concerning the response
filed with the AFCP submission. Form
PTO/SB/434 includes the required
interview statement.
4. Any Necessary Fees
A submission under AFCP 2.0 must
also include any fees that would be
necessary, consistent with current
practice concerning an after final
response under 37 CFR 1.116. For
example, an AFCP 2.0 submission that
is filed more than three months after the
mailing of a final rejection must include
the appropriate fee for an extension of
time under 37 CFR 1.136(a).
B. Processing of AFCP 2.0
Submissions
Upon receipt of the AFCP 2.0
submission, the examiner will review
the submission to ensure that the
transmittal form, amendment, interview
statement, and any necessary fees are
provided. If the submission is
incomplete, then the examiner will
process the submission consistent with
current practice concerning responses
after final rejection under 37 CFR 1.116.
Upon verifying that the AFCP 2.0
submission complies with the
requirements of the program, the
examiner will perform an initial review
of the amendment. During the initial
review, the examiner will determine if
additional search and/or consideration
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Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Notices
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would be required to determine whether
the amendment would distinguish over
the prior art, and if such search and/or
consideration would be possible within
the time allotted to them under the
AFCP 2.0 program. If additional search
and/or consideration would be required
but could not be completed within the
allotted time, the examiner will process
the submission consistent with current
practice concerning responses after final
rejection under 37 CFR 1.116, e.g., by
mailing an advisory action.
If the examiner determines that the
amendment does not necessitate
additional search and/or consideration,
or if the examiner determines that
additional search and/or consideration
is required and could be completed
within the allotted time, then the
examiner will consider whether the
amendment places the application in
condition for allowance (after
completing the additional search and/or
consideration, if required). If the
examiner determines that the
amendment places the application in
condition for allowance, then the
examiner will enter the amendment and
mail a notice of allowance. If the
examiner determines that the
amendment does not appear to place the
application in condition for allowance,
then the examiner will contact the
applicant to schedule an interview to
discuss the amendment.
The interview will be conducted by
the examiner, and if the examiner does
not have negotiation authority, a
primary examiner and/or supervisory
patent examiner will also participate.
Following the interview, the examiner
will proceed with an appropriate
response to the submission after final
rejection according to current practice.
If the applicant declines the interview,
or is unable to schedule the interview
within ten (10) calendar days from the
date the examiner first contacts the
applicant, then the examiner may
proceed with an appropriate response to
the submission after final rejection
according to current practice.
Teresa Stanek Rea,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. 2013–11870 Filed 5–16–13; 8:45 am]
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COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletion
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and Deletion from
the Procurement List.
AGENCY:
This action adds products and
services to the Procurement List that
will be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes a service from the Procurement
List previously provided by such
agency.
SUMMARY:
Effective Date: 6/17/2013.
Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
10800, Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT:
Barry S. Lineback, Telephone: (703)
603–7740, Fax: (703) 603–0655, or email
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
DATES:
ADDRESSES:
Additions
On 3/15/2013 (78 FR 16475–16476)
and 3/22/2013 (78 FR 17641–17642), the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notices of proposed additions
to the Procurement List.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the products and services and impact of
the additions on the current or most
recent contractors, the Committee has
determined that the products and
services listed below are suitable for
procurement by the Federal Government
under 41 U.S.C. 8501–8506 and 41 CFR
51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organizations that will furnish the
products and services to the
Government.
2. The action will result in
authorizing small entities to furnish the
products and services to the
Government.
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29119
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in
connection with the products and
services proposed for addition to the
Procurement List.
End of Certification
Accordingly, the following products
and services are added to the
Procurement List:
Products
NSN: MR 1147—Christmas Novelty Flag,
Decorative, 28″ x 40″.
NPA: Winston-Salem Industries for the
Blind, Inc., Winston-Salem, NC.
Contracting Activity: Defense Commissary
Agency, Fort Lee, VA.
Coverage: C-List for the requirements of
military commissaries and exchanges as
aggregated by the Defense Commissary
Agency.
NSN: 7510–01–389–2262—Self Stick
Rectangular Flag, ‘‘Sign Here’’, 1.0″ x
1.75″, Yellow, 100 Flags per pack.
NPA: Association for the Blind and Visually
Impaired—Goodwill Industries of
Greater Rochester, Rochester, NY.
Contracting Activity: General Services
Administration, New York, NY.
Coverage: A-List for the Total Government
Requirement as aggregated by the
General Services Administration.
Ice Melt/De-Icer
NSN: 6850–01–598–1946—10 lbs.
NSN: 6850–01–598–1926—20 lbs.
NSN: 6850–01–598–1933—40 lbs.
NPA: Bosma Industries for the Blind, Inc.,
Indianapolis, IN
Contracting Activity: Defense Logistics
Agency Aviation, Richmond, VA
Coverage: B-List for the Total Government
Requirement as aggregated by the
Defense Logistics Agency Aviation,
Richmond, VA.
Services
Service Type/Location: Landscaping
Maintenance Service, Defense Contract
Management Agency (DCMA), Buildings
10500, 10501, 10201 and 1024, 3901 A
Avenue, Fort Lee, VA.
NPA: Richmond Area Association for
Retarded Citizens, Richmond, VA.
Contracting Activity: Defense Contract
Management Agency (DCMA), Fort Lee,
VA.
Service Type/Location: Tactical Vehicle
Wash Facility Service, Yano Tactical
Vehicle Wash Facility, Directorate of
Training Sustainment, Harmony Church,
Building 5525, Fort Benning, GA.
NPA: Power Works Industries, Inc.,
Columbus, GA.
Contracting Activity: Dept of the Army,
W6QM MICC-Ft Benning, Fort Benning,
GA.
Service Type/Location: Grounds Maintenance
and Snow Removal Service, Army Corps
of Engineers District Headquarters Bldg.,
201 North Third Ave., Walla Walla, WA.
NPA: Lillie Rice Center, Walla Walla, WA.
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]]>Agencies
[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29117-29119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11870]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2013-0013]
After Final Consideration Pilot Program 2.0
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) has
modified the After Final Consideration Pilot Program (AFCP) to create
the After Final Consideration Pilot Program 2.0 (AFCP 2.0). Applicants
who wish to participate in AFCP 2.0 must file a request to have a
response after final rejection (which the examiner may have sufficient
basis not to consider under current practice) considered by the
examiner without reopening prosecution. The response after final
rejection must include an amendment to at least one independent claim.
The examiner will be allotted a set amount of time under AFCP 2.0 to
consider the response. If the examiner's consideration of a proper AFCP
2.0 request and response does not result in a determination that all
pending claims are in condition for allowance, the examiner will
request an interview with the applicant to discuss the response.
[[Page 29118]]
There are thus three main differences between AFCP and AFCP 2.0: an
applicant must request to participate in AFCP 2.0; a response after
final rejection under AFCP 2.0 must include an amendment to at least
one independent claim; and the examiner will request an interview with
the applicant to discuss a response, if the response did not result in
a determination that all pending claims are in condition for allowance.
The goal of AFCP 2.0 is to reduce pendency by reducing the number of
Requests for Continued Examination (RCE) and encouraging increased
collaboration between the applicant and the examiner to effectively
advance the prosecution of the application. There is no additional fee
required to request consideration of an amendment after final rejection
under AFCP 2.0, but any necessary existing fee, e.g., the fee for an
extension of time, must still be paid.
DATES: Effective Date: May 19, 2013.
Duration: AFCP 2.0 will run from its effective date until September
30, 2013. A request to consider an amendment after final rejection
under AFCP 2.0 must be filed on or before September 30, 2013. The USPTO
may extend AFCP 2.0 (with or without modifications) depending on
feedback from the participants and the effectiveness of the pilot
program.
FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Senior Legal Advisor,
Office of Patent Legal Administration, Office of the Deputy
Commissioner for Patent Examination Policy, by telephone at (571) 272-
7728, or by mail addressed to: Mail Stop Comments--Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
SUPPLEMENTARY INFORMATION: As outlined herein, AFCP 2.0 involves
responses filed after a final rejection pursuant to 37 CFR 1.116. Under
current practice, examiners have sufficient basis not to consider many
responses filed after a final rejection, including responses that would
require further search and/or consideration. See, e.g., sections 714.12
through 714.13 of the Manual of Patent Examining Procedure (8th ed.
2001) (Rev. 9, August 2012) (MPEP). AFCP 2.0 allots a limited amount of
time for examiners to consider responses after final rejection that
include an amendment to at least one independent claim and require
further search and/or consideration. Examiners will also use the time
allotted to them under AFCP 2.0 to conduct an interview to discuss the
response, for those responses that do not place the application in
condition for allowance. AFCP 2.0 will help inform the USPTO as to
whether authorization of the limited amount of time will reduce the
number of RCEs. AFCP 2.0 replaces AFCP, which terminates on May 18,
2013.
A. AFCP 2.0 Requirements
In order to be eligible to participate in AFCP 2.0, an application
must contain an outstanding final rejection and be (i) an original
utility, plant, or design nonprovisional application filed under 35
U.S.C. 111(a), or (ii) an international application that has entered
the national stage in compliance with 35 U.S.C. 371(c). A continuing
application (e.g., a continuation or divisional application) is filed
under 35 U.S.C. 111(a) and is thus eligible to participate in AFCP 2.0.
Reissue applications and reexamination proceedings are not eligible to
participate in AFCP 2.0.
A request for an examiner to consider an amendment after final
rejection under AFCP 2.0 must include the following items: (1) A
transmittal form, such as form PTO/SB/434, that identifies the
submission as an AFCP 2.0 submission and requests consideration under
AFCP 2.0; (2) a response under 37 CFR 1.116, including an amendment to
at least one independent claim that does not broaden the scope of the
independent claim in any aspect; (3) a statement that the applicant is
willing and available to participate in any interview initiated by the
examiner concerning the accompanying response; and (4) any necessary
fees.
Only one request for consideration under AFCP 2.0 may be filed in
response to an outstanding final rejection. Second or subsequent
requests for consideration under AFCP 2.0 filed in response to the same
outstanding final rejection will be processed consistent with current
practice concerning responses after final rejection under 37 CFR 1.116.
In addition, all papers associated with this pilot program must be
filed via the USPTO's Electronic Filing System-Web (EFS-Web).
1. Transmittal Form
AFCP 2.0 requires applicants to specifically request consideration
under the program. The USPTO has included this requirement in an effort
to focus the program on applications that are more likely to benefit
from the program. The requirement to request consideration should also
improve the data generated on the effectiveness of the program.
Applicants are advised to use form PTO/SB/434, which is available at
https://www.uspto.gov/forms/index.jsp, to request consideration under
AFCP 2.0. Use of this form will also help the Office to quickly
identify AFCP 2.0 submissions and facilitate timely processing of such
submissions. The Office of Management and Budget (OMB) has determined
that, under 5 CFR1320.3(h), form PTO/SB/434 does not collect
``information'' within the meaning of the Paperwork Reduction Act of
1995.
2. Amendment
A submission under AFCP 2.0 must include a response filed under 37
CFR 1.116. The 37 CFR 1.116 response must include an amendment to at
least one independent claim. The amendment may not broaden the scope of
the independent claim in any aspect. For the purposes of AFCP 2.0, the
analysis of whether an amendment to an independent claim impermissibly
broadens the scope of the claim will be analogous to the guidance set
forth in section 1412.03 of the MPEP for determining whether a reissue
claim has been broadened.
3. Interview statement
A submission under AFCP 2.0 must include a statement by the
applicant that they are willing and available to participate in any
interview initiated by the examiner concerning the response filed with
the AFCP submission. Form PTO/SB/434 includes the required interview
statement.
4. Any Necessary Fees
A submission under AFCP 2.0 must also include any fees that would
be necessary, consistent with current practice concerning an after
final response under 37 CFR 1.116. For example, an AFCP 2.0 submission
that is filed more than three months after the mailing of a final
rejection must include the appropriate fee for an extension of time
under 37 CFR 1.136(a).
B. Processing of AFCP 2.0 Submissions
Upon receipt of the AFCP 2.0 submission, the examiner will review
the submission to ensure that the transmittal form, amendment,
interview statement, and any necessary fees are provided. If the
submission is incomplete, then the examiner will process the submission
consistent with current practice concerning responses after final
rejection under 37 CFR 1.116.
Upon verifying that the AFCP 2.0 submission complies with the
requirements of the program, the examiner will perform an initial
review of the amendment. During the initial review, the examiner will
determine if additional search and/or consideration
[[Page 29119]]
would be required to determine whether the amendment would distinguish
over the prior art, and if such search and/or consideration would be
possible within the time allotted to them under the AFCP 2.0 program.
If additional search and/or consideration would be required but could
not be completed within the allotted time, the examiner will process
the submission consistent with current practice concerning responses
after final rejection under 37 CFR 1.116, e.g., by mailing an advisory
action.
If the examiner determines that the amendment does not necessitate
additional search and/or consideration, or if the examiner determines
that additional search and/or consideration is required and could be
completed within the allotted time, then the examiner will consider
whether the amendment places the application in condition for allowance
(after completing the additional search and/or consideration, if
required). If the examiner determines that the amendment places the
application in condition for allowance, then the examiner will enter
the amendment and mail a notice of allowance. If the examiner
determines that the amendment does not appear to place the application
in condition for allowance, then the examiner will contact the
applicant to schedule an interview to discuss the amendment.
The interview will be conducted by the examiner, and if the
examiner does not have negotiation authority, a primary examiner and/or
supervisory patent examiner will also participate. Following the
interview, the examiner will proceed with an appropriate response to
the submission after final rejection according to current practice. If
the applicant declines the interview, or is unable to schedule the
interview within ten (10) calendar days from the date the examiner
first contacts the applicant, then the examiner may proceed with an
appropriate response to the submission after final rejection according
to current practice.
Teresa Stanek Rea,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. 2013-11870 Filed 5-16-13; 8:45 am]
BILLING CODE 3510-16-P
