80_FR_59987 80 FR 59796 - Prospective Grant of Exclusive License: Miniature Serial Sectioning Microtome for Block-Face Imaging

80 FR 59796 - Prospective Grant of Exclusive License: Miniature Serial Sectioning Microtome for Block-Face Imaging

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health

Federal Register Volume 80, Issue 191 (October 2, 2015)

Page Range59796-59797
FR Document2015-24994

This is notice, in accordance with 35 U.S.C. 209 and 37 CFR part 404, that the National Institutes of Health (NIH), Department of Health and Human Services, is contemplating the grant of an exclusive license to Carl Zeiss Microscopy GmbH, which is located in Germany, to practice the inventions embodied in the following patent applications:

Federal Register, Volume 80 Issue 191 (Friday, October 2, 2015)
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Notices]
[Pages 59796-59797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Miniature Serial 
Sectioning Microtome for Block-Face Imaging

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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

SUMMARY: This is notice, in accordance with 35 U.S.C. 209 and 37 CFR 
part 404, that the National Institutes of Health (NIH), Department of 
Health and Human Services, is contemplating the grant of an exclusive 
license to Carl Zeiss Microscopy GmbH, which is located in Germany, to 
practice the inventions embodied in the following patent applications:

1. US Provisional Application 61/991,929, filed May 12, 2014 (E-121-
2014/0-US-01)
2. PCT Application PCT/US2015/030359, filed May 12, 2015 (E-121-2014/0-
PCT-02)

    The patent rights in these inventions have been assigned to the 
United States of America.
    The prospective start-up exclusive license territory may be 
worldwide and the field of use may be limited to microtomes for 
scanning electron microscopes (SEMs) or light microscopes for life 
science applications.

DATES: Only written comments and/or applications for a license which 
are received by the NIH Office of Technology Transfer on or before 
November 2, 2015 will be considered.

ADDRESSES: Requests for copies of the patent application, inquiries, 
comments, and other materials relating to the contemplated exclusive 
license should be directed to: Susan Ano, Ph.D., NINDS Technology 
Transfer and Development Branch, 31 Center Drive, Suite 8A52, MS2540, 
Bethesda, MD 20892; Telephone: (301) 435-5515; Email: 
[email protected].

SUPPLEMENTARY INFORMATION: A microtome device is used in a variety of 
microcopy techniques to remove very thin (e.g., in the tens of 
nanometers range) portions from the top of a sample between successive 
images. This technology discloses a design for a microtome device that 
offers several unique features and advantages over commercially 
available microtomes. A prototype of the microtome has been built and 
demonstrated to work with a serial block-face scanning electron 
microscopy in order to serially collect ultrathin sections from plastic 
embedded biological tissues. This microtome design allows for a sample 
to be cut at a location removed from the electron beam axis, reducing 
interference from debris and allowing imaging at a greater range of 
working distances. This microtome device is lightweight and easy to 
install utilizing the built-in stage of existing microscopes such that 
a sample's position and orientation can be controlled along three-axes 
of rectilinear translation and two axes of rotation. This microtome 
design utilizes a diamond blade coupled to both the base plate and an 
actuator to control the movement of the blade in a direction 
perpendicular to the exposed surface of the pedestal, while producing 
an output

[[Page 59797]]

signal that indicates the blade location with respect to the base 
plate. Advantageously, this allows for a stage coupled pedestal to be 
moved accurately from an imaging location on the beam axis to a cutting 
location off the beam axis.
    The prospective start-up exclusive license may be granted unless 
within thirty (30) days from the date of this published notice, the NIH 
receives written evidence and argument that establishes that the grant 
of the license would not be consistent with the requirements of 35 
U.S.C. 209 and 37 CFR part 404.
    Complete applications for a license in the field of use filed in 
response to this notice will be treated as objections to the grant of 
the contemplated start-up exclusive license. Comments and objections 
submitted to this notice will not be made available for public 
inspection and, to the extent permitted by law, will not be released 
under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: September 28, 2015.
Richard U. Rodriguez,
Acting Director, Office of Technology Transfer, National Institutes of 
Health.
[FR Doc. 2015-24994 Filed 10-1-15; 8:45 am]
 BILLING CODE 4140-01-P



                                                  59796                          Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices

                                                  Computerized Contingency                                  Development Stage: In vivo data                     embodied in the following patent
                                                  Management, Ecological Momentary                        available (animal).                                   applications:
                                                  Assessment, and a Protocol Workflow                       Publications:                                       1. US Provisional Application 61/
                                                  System,’’ Drug and Alcohol Review,                        1. Lee YM et al. Prevention of                           991,929, filed May 12, 2014 (E–
                                                  28(1):3–11, January 2009.                               hepatocellular adenoma and correction                      121–2014/0–US–01)
                                                    Intellectual Property: HHS Reference                  of metabolic abnormalities in murine                  2. PCT Application PCT/US2015/
                                                  No. E–266–2014/0—Software. No patent                    glycogen storage disease type Ia by gene                   030359, filed May 12, 2015 (E–121–
                                                  protection is being sought.                             therapy. Hepatology 2012                                   2014/0–PCT–02)
                                                    Contact Information: Vio Conley,                      Nov;56(5):1719–29. [PMID 22422504].
                                                                                                                                                                   The patent rights in these inventions
                                                  M.S.; NCI Technology Transfer Center;                     2. Lee YM, et al. The upstream
                                                                                                                                                                have been assigned to the United States
                                                  Phone: 240–276–5531; Email: conleyv@                    enhancer elements of the G6PC
                                                                                                                                                                of America.
                                                  mail.nih.gov.                                           promoter are critical for optimal G6PC
                                                                                                                                                                   The prospective start-up exclusive
                                                    Keywords: Software, Clinical                          expression in murine glycogen storage
                                                                                                                                                                license territory may be worldwide and
                                                  Information System, Research                            disease type Ia. Mol Genet Metab. 2013
                                                                                                                                                                the field of use may be limited to
                                                  Information System, Medical Decision                    Nov;110(3):275–80. [PMID 23856420].
                                                                                                            Intellectual Property: HHS Reference                microtomes for scanning electron
                                                  Support System (DSS), Electronic                                                                              microscopes (SEMs) or light
                                                  Hospital Records (EHR), Physicians                      No. E–039–2015/0–US–01—US
                                                                                                          Provisional Patent Application 62/                    microscopes for life science
                                                  Order Entry (POE), Pharmacy                                                                                   applications.
                                                  Information System, Laboratory                          096,400 filed December 23, 2014.
                                                  Information Management (LIM),                             Related Technologies: HHS Reference                 DATES:  Only written comments and/or
                                                  Biospecimen Tracking System,                            No. E–552–2013/0—US Provisional                       applications for a license which are
                                                  Substance abuse, Drug addiction,                        Patent Application No. 61/908,861 filed               received by the NIH Office of
                                                  Mental health, mPAL, HuRIS.                             November 26, 2013; PCT Application                    Technology Transfer on or before
                                                                                                          No. PCT/US2014/067415 filed                           November 2, 2015 will be considered.
                                                  Optimized Gene Therapy Vector for the                   November 25, 2014.                                    ADDRESSES: Requests for copies of the
                                                  Treatment of Glycogen Storage Disease                     Licensing Contact: Surekha Vathyam,                 patent application, inquiries, comments,
                                                  Type Ia                                                 Ph.D.; 301–435–4076; vathyams@                        and other materials relating to the
                                                     Description of Technology: NIH                       mail.nih.gov.                                         contemplated exclusive license should
                                                  researchers have developed an adeno-                      Collaborative Research Opportunity:                 be directed to: Susan Ano, Ph.D., NINDS
                                                  associated viral (AAV) vector for the                   The National Institute of Child Health                Technology Transfer and Development
                                                  treatment of glycogen storage disease                   and Human Development is seeking                      Branch, 31 Center Drive, Suite 8A52,
                                                  type Ia (GSD-Ia). GSD-Ia is an inherited                statements of capability or interest from             MS2540, Bethesda, MD 20892;
                                                  disorder of metabolism associated with                  parties interested in collaborative                   Telephone: (301) 435–5515; Email:
                                                  life-threatening hypoglycemia, hepatic                  research to further develop, evaluate, or             anos@mail.nih.gov.
                                                  malignancy, and renal failure caused by                 commercialize gene therapy vectors for
                                                                                                                                                                SUPPLEMENTARY INFORMATION: A
                                                  the deficiency of glucose-6-phosphatase-                the treatment of glycogen storage
                                                                                                                                                                microtome device is used in a variety of
                                                  alpha (G6Pase-alpha or G6PC). This new                  disease type Ia. For collaboration
                                                                                                                                                                microcopy techniques to remove very
                                                  AAV vector that expresses human                         opportunities, please contact Joseph M.
                                                                                                                                                                thin (e.g., in the tens of nanometers
                                                  G6Pase-alpha directed by the tissue-                    Conrad, III, Ph.D., J.D. at jmconrad@
                                                                                                                                                                range) portions from the top of a sample
                                                  specific human G6PC promoter/                           mail.nih.gov.
                                                                                                                                                                between successive images. This
                                                  enhancer incorporates two                                 Dated: September 25, 2015.                          technology discloses a design for a
                                                  improvements: (1) It expresses a variant                Richard U. Rodriguez,                                 microtome device that offers several
                                                  of G6Pase-alpha with enhanced                           Acting Director, Office of Technology                 unique features and advantages over
                                                  enzymatic activity; (2) it is codon                     Transfer, National Institutes of Health.              commercially available microtomes. A
                                                  optimized to achieve higher enzyme                      [FR Doc. 2015–24987 Filed 10–1–15; 8:45 am]           prototype of the microtome has been
                                                  expression levels and enhanced                          BILLING CODE 4140–01–P                                built and demonstrated to work with a
                                                  enzymatic activity.                                                                                           serial block-face scanning electron
                                                     Current therapy, which primarily                                                                           microscopy in order to serially collect
                                                  consists of dietary modification, fails to              DEPARTMENT OF HEALTH AND                              ultrathin sections from plastic
                                                  prevent long-term complications in                      HUMAN SERVICES                                        embedded biological tissues. This
                                                  many patients, including growth failure,                                                                      microtome design allows for a sample to
                                                  gout, pulmonary hypertension, renal                     National Institutes of Health                         be cut at a location removed from the
                                                  dysfunction, osteoporosis, and                                                                                electron beam axis, reducing
                                                  hepatocellular adenomas (HCA). Gene                     Prospective Grant of Exclusive                        interference from debris and allowing
                                                  therapy-based techniques, which                         License: Miniature Serial Sectioning                  imaging at a greater range of working
                                                  directly address the underlying genetic                 Microtome for Block-Face Imaging                      distances. This microtome device is
                                                  deficiency driving the disorder, offer the              AGENCY:    National Institutes of Health,             lightweight and easy to install utilizing
                                                  prospect of long-term remission in                      HHS.                                                  the built-in stage of existing
                                                  patients with GSD-Ia.                                                                                         microscopes such that a sample’s
                                                                                                          ACTION:   Notice.
                                                     Potential Commercial Applications:                                                                         position and orientation can be
                                                  Gene therapy vector for the treatment of
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                                                                                                          SUMMARY:   This is notice, in accordance              controlled along three-axes of rectilinear
                                                  GSD-Ia.                                                 with 35 U.S.C. 209 and 37 CFR part 404,               translation and two axes of rotation.
                                                     Competitive Advantages:                              that the National Institutes of Health                This microtome design utilizes a
                                                     • Protein coding sequence modified                   (NIH), Department of Health and Human                 diamond blade coupled to both the base
                                                  for enhanced enzymatic activity.                        Services, is contemplating the grant of               plate and an actuator to control the
                                                     • Codon optimized for increased                      an exclusive license to Carl Zeiss                    movement of the blade in a direction
                                                  enzyme expression in target organs.                     Microscopy GmbH, which is located in                  perpendicular to the exposed surface of
                                                     Inventor: Janice J. Chou (NICHD)                     Germany, to practice the inventions                   the pedestal, while producing an output


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                                                                                 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Notices                                          59797

                                                  signal that indicates the blade location                     US–01);                                          directed to: Sabarni K. Chatterjee, Ph.D.,
                                                  with respect to the base plate.                         2. U.S. Provisional Patent Application No.            M.B.A., Senior Licensing and Patenting
                                                  Advantageously, this allows for a stage                      60/237,107 filed September 29, 2000              Manager, NCI Technology Transfer
                                                                                                               entitled ‘‘HLA–DP Restricted CD4+ T
                                                  coupled pedestal to be moved                                                                                  Center, 9609 Medical Center Drive, RM
                                                                                                               Cell Epitopes from the Cancer Antigen,
                                                  accurately from an imaging location on                       NY ESO–1’’ (HHS Ref No. E–227–2000/              1E530 MSC 9702, Bethesda, MD 20892–
                                                  the beam axis to a cutting location off                      0–US–01 was combined with E–090–                 9702 (for business mail), Rockville, MD
                                                  the beam axis.                                               2000/0–US–01 at the PCT stage, creating          20850–9702; Telephone: (240) 276–
                                                     The prospective start-up exclusive                        the E–090–2000/1 technology family and           5530; Facsimile: (240) 276–5504; Email:
                                                  license may be granted unless within                         associated applications);                        chatterjeesa@mail.nih.gov.
                                                  thirty (30) days from the date of this                  3. PCT Application No. PCT/US01/02765
                                                                                                                                                                SUPPLEMENTARY INFORMATION: NY–ESO–
                                                  published notice, the NIH receives                           filed January 26, 2001 entitled ‘‘MHC
                                                                                                               Class II Restricted T Cell Epitopes from         1 is a known tumor antigen which is
                                                  written evidence and argument that                                                                            expressed on a broad range of tumor
                                                                                                               the Cancer Antigen, NY ESO–1’’ (HHS
                                                  establishes that the grant of the license                    Ref No. E–090–2000/1–PCT–01);                    types, including melanoma, breast,
                                                  would not be consistent with the                        4. Canadian Patent No. 2398743 issued June            bladder, ovarian, prostate, head and
                                                  requirements of 35 U.S.C. 209 and 37                         23, 2015 entitled ‘‘MHC Class II                 neck cancers, neuroblastoma, and small
                                                  CFR part 404.                                                Restricted T Cell Epitopes from the              cell lung cancer. The above-referenced
                                                     Complete applications for a license in                    Cancer Antigen, NY ESO–1’’ (HHS Ref              inventions embody the identification of
                                                  the field of use filed in response to this                   No. E–090–2000/1–CA–02);                         a number of novel immunogenic
                                                  notice will be treated as objections to                 5. Australian Patent No. 785151 issued
                                                                                                               January 18, 2007 entitled ‘‘MHC Class II         peptide epitopes, and analogs thereof,
                                                  the grant of the contemplated start-up                                                                        which are derived from the NY–ESO–1
                                                  exclusive license. Comments and                              Restricted T Cell Epitopes from the
                                                                                                               Cancer Antigen, NY ESO–1’’ (HHS Ref              tumor antigen. Specifically, this
                                                  objections submitted to this notice will                     No. E–090–2000/1–AU–03);                         technology describes novel MHC Class
                                                  not be made available for public                        6. Japanese Patent No. 5588363 issued                 II restricted epitopes of NY–ESO–1
                                                  inspection and, to the extent permitted                      August 1, 2014 entitled ‘‘MHC Class II           which are recognized by CD4+ T cells.
                                                  by law, will not be released under the                       Restricted T Cell Epitopes from the              It also embodies the identification of
                                                  Freedom of Information Act, 5 U.S.C.                         Cancer Antigen, NY ESO–1’’ (HHS Ref              two additional immunogenic peptide
                                                  552.                                                         No. E–090–2000/1–JP–12);
                                                                                                          7. U.S. Patent No. 7,619,057 issued
                                                                                                                                                                epitopes of NY–ESO–1. The latter two
                                                    Dated: September 28, 2015.                                 November 17, 2009 entitled ‘‘MHC Class           epitopes are presented by HLA–DP4, a
                                                  Richard U. Rodriguez,                                        II Restricted T Cell Epitopes from the           prevalent MHC Class II allele present in
                                                  Acting Director, Office of Technology                        Cancer Antigen, NY ESO–1’’ (HHS Ref              43–70% of Caucasians. The inventors
                                                  Transfer, National Institutes of Health.                     No. E–090–2000/1–US–06);                         also determined that the DP allele is
                                                  [FR Doc. 2015–24994 Filed 10–1–15; 8:45 am]             8. U.S. Patent No. 8,754,046 issued June 17,          highly associated with the NY–ESO–1
                                                                                                               2014 entitled ‘‘MHC Class II Restricted T        antibody production. In addition, one of
                                                  BILLING CODE 4140–01–P
                                                                                                               Cell Epitopes from the Cancer Antigen,           these epitopes has dual HLA A2 and
                                                                                                               NY ESO–1’’ (HHS Ref No. E–090–2000/              DP4 specificity, thereby it has the
                                                                                                               1–US–07);
                                                  DEPARTMENT OF HEALTH AND                                9. U.S. Patent Application No. 12/568,134
                                                                                                                                                                potential to generate both CD4+ and
                                                  HUMAN SERVICES                                               filed September 28, 2009 entitled ‘‘MHC          CD8+ tumor specific T cells. These
                                                                                                               Class II Restricted T Cell Epitopes from         epitopes may be of great value as
                                                  National Institutes of Health                                the Cancer Antigen, NY ESO–1’’ (HHS              prophylactic and/or therapeutic cancer
                                                                                                               Ref No. E–090–2000/1–US–013);                    vaccines or cell therapy products for use
                                                  Prospective Grant of a Start-up                         10. European Patent Application No.                   against a number of common cancers.
                                                  Exclusive Commercial License                                 10010354.8 filed January 26, 2001                   The prospective start-up exclusive
                                                  Agreement: Development of MHC                                entitled ‘‘MHC Class II Restricted T Cell        commercial license is being considered
                                                  Class II Restricted T Cell Epitopes                          Epitopes from the Cancer Antigen, NY             under the small business initiative
                                                  From the Cancer Antigen, NY ESO–1,                           ESO–1’’ (HHS Ref No. E–090–2000/1–
                                                                                                               EP–10);
                                                                                                                                                                launched on October 1, 2011 and will
                                                  for the Treatment of Human Cancers                                                                            comply with the terms and conditions
                                                                                                            The patent rights in these inventions               of 35 U.S.C. 209 and 37 CFR part 404.7.
                                                  AGENCY:    National Institutes of Health,
                                                                                                          have been assigned to the Government                  The prospective start-up exclusive
                                                  HHS.
                                                                                                          of the United States of America. The                  commercial license may be granted
                                                  ACTION:   Notice.                                       prospective start-up exclusive                        unless within fifteen (15) days from the
                                                  SUMMARY:   This is notice, in accordance                commercial license territory may be                   date of this published notice, the NIH
                                                  with 35 U.S.C. 209 and 37 CFR part                      worldwide and the field of use may be                 receives written evidence and argument
                                                  404.7, that the National Institutes of                  limited to the use of the Licensed Patent             that establishes that the grant of the
                                                  Health, Department of Health and                        Rights to develop, manufacture,                       license would not be consistent with the
                                                  Human Services, is contemplating the                    distribute, sell and use NY–ESO–1                     requirements of 35 U.S.C. 209 and 37
                                                  grant of an start-up exclusive                          based vaccines and cell therapy                       CFR part 404.7.
                                                  commercial license to Immunova                          products for the treatment of NY–ESO–                    Any additional, properly filed, and
                                                  Therapeutics, Inc., which is located in                 1-positive cancers.                                   complete applications for a license in
                                                  Houston, Texas, to practice the                         DATES: Only written comments and/or                   the field of use filed in response to this
                                                  inventions embodied in the following                    applications for a license which are                  notice will be treated as objections to
                                                                                                          received by the NIH Office of
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                                                  patent applications and applications                                                                          the grant of the contemplated exclusive
                                                  claiming priority to these applications:                Technology Transfer on or before                      commercial license. Comments and
                                                  E–090–2000
                                                                                                          October 19, 2015 will be considered.                  objections submitted to this notice will
                                                  1. U.S. Provisional Patent Application No.
                                                                                                          ADDRESSES: Requests for copies of the                 not be made available for public
                                                      61/179,004 filed January 28, 2000                   patent applications, inquiries,                       inspection and, to the extent permitted
                                                      entitled ‘‘MHC Class II Restricted T Cell           comments, and other materials relating                by law, will not be released under the
                                                      Epitopes from the Cancer Antigen, NY                to the contemplated exclusive                         Freedom of Information Act, 5 U.S.C.
                                                      ESO–1’’ (HHS Ref No. E–090–2000/0–                  evaluation option license should be                   552.


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Document Created: 2015-12-15 08:44:58
Document Modified: 2015-12-15 08:44:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesOnly written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before November 2, 2015 will be considered.
FR Citation80 FR 59796 

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