83_FR_12046 83 FR 11993 - Ombudsman Survey

83 FR 11993 - Ombudsman Survey

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range11993-11994
FR Document2018-05468

The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection.

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 11993-11994]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05468]



[[Page 11993]]

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DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Ombudsman Survey

ACTION: Revision of a currently approved collection, comment request.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995, invites comments on a 
proposed extension of an existing information collection.

DATES: Written comments must be submitted on or before May 18, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Email: InformationCollection@uspto.gov. Include ``0651-
0078 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Marcie Lovett, Records and Information Governance 
Division Director, Office of the Chief Technology Officer, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Michael Easdale, Office of Patent Quality 
Assurance, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450; by telephone at 571-272-3533; or by email to 
Michael.Easdale@uspto.gov with ``0651-0078 comment'' in the subject 
line. Additional information about this collection is also available at 
http://www.reginfo.gov under ``Information Collection Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    In 2011, the United States Patent and Trademark Office (USPTO) 
designed and developed the Patents Ombudsman Program in response to 
customer feedback that the prosecution of patent applications does not 
always advance in accordance with established procedures. The USPTO 
implemented the Ombudsman program to assist patent applicants, 
attorneys, and agents in resolving problems, issues, and concerns 
arising during the prosecution of a patent application. The objectives 
of the Patents Ombudsman Program are to: (1) Facilitate complaint-
handling for pro se applicants and applicant's representatives whose 
applications have stalled in the examination process; (2) track 
complaints to ensure each is handled within ten business days; (3) 
provide feedback and early warning alerts to USPTO management regarding 
training needs based on complaint trends; and (4) build a publicly 
accessible database of frequently asked questions that address commonly 
seen problems and provide effective resolutions. Participation in the 
Ombudsman program is voluntary and does not preclude the applicant's 
use of other avenues for redress of issues, including the filing of 
various patent process petitions. The program averages over 3,000 
requests for assistance from approximately 1,800 unique customers each 
year. The Ombudsman program is free and open to all participants in the 
patenting process.
    This collection covers information gathered on the Ombudsman 
Survey. This survey is a key component in the USPTO's evaluation of the 
Ombudsman program, providing a mechanism to monitor the effectiveness 
of the program and identify potential opportunities for enhancement of 
the Ombudsman process. This survey allows USPTO to gain consistent, 
reliable, and representative information from customers who use the 
Ombudsman program. The survey consists of 9 questions, and is sent 
every Spring to applicants/attorneys who have provided an email address 
and utilized the Ombudsman program within the past fiscal year. The 
survey is accessed through individualized links that are uniquely tied 
to the survey participants thereby eliminating the need for passwords, 
user IDs, or usernames to access the surveys. The survey period is open 
for a period of five (5) weeks. Customers not responding within the 
initial three (3) weeks will be sent a second email message and link 
seeking their participation.
    There are no statutes or regulations requiring the USPTO to conduct 
this usage and satisfaction measurement. The USPTO uses the survey 
instrument to implement Executive Order 12862 of September 11, 1993, 
Setting Customer Service Standards, published in the Federal Register 
on September 14, 1993 (Vol. 58, No. 176).

II. Method of Collection

    Web-based survey.

III. Data

    OMB Number: 0651-0078.
    IC Instruments and Forms: No form numbers.
    Type of Review: Revision of a Previously Existing Information 
Collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Number of Respondents: 1,100 responses per year. It is 
estimated that 1,800 unique customers use the Ombudsman program each 
year, and based on previous surveys, we estimate that the majority of 
them will respond to future surveys. The number of responses to this 
survey should adequately represent all Patent Examining Technology 
Centers.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 5 minutes (0.08 hours) to submit the 
information in this collection, including the time to access the 
survey, gather any materials needed, fill out the survey, and submit 
the completed item to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 91.67 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $33,435.42. 
The USPTO expects that both professionals and paraprofessionals will 
complete these surveys, with 75% being completed by professionals and 
25% by paraprofessionals. The current professional hourly wage rate is 
$438 and the rate for paraprofessionals is $145. The professional 
hourly rate used for the calculation is the average rate for attorneys 
in private firms as published in the 2016 Report of the Economic Survey 
by the American Intellectual Property Law Association (AIPLA). The 
paraprofessional hourly rate comes from 2017 National Utilization and 
Compensation Survey published by the National Association of Legal 
Assistants (NALA). Using the combined hourly rate of $364.75, the USPTO 
estimates that the respondent cost burden for this collection will be 
$33,435.42 per year as shown in the table below.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Estimated
               IC No.                         Item            Estimated time  for       annual       Estimated annual    Rate ($/hr)    Estimated annual
                                                               response (minutes)      responses       burden hours                       cost burden
                                     ......................  (a)..................             (b)   (a) x (b) / 60 =             (d)    (c) x (d) = (e)
                                                                                                                  (c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................  Ombudsman Survey......  5 mins. (0.08 hours).           1,100              91.67         $364.75         $33,435.42
                                    --------------------------------------------------------------------------------------------------------------------
    Total..........................  ......................  .....................           1,100              91.67  ..............          33,435.42
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 11994]]

    Estimated Total Annual (Non-Hour) Respondent Cost Burden: $0. There 
are no capital start-up, maintenance, postage, or recordkeeping costs 
associated with this information collection.

IV. Request for Comments

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

Marcie Lovett,
Records and Information Governance Division Director, OCTO, United 
States Patent and Trademark Office.
[FR Doc. 2018-05468 Filed 3-16-18; 8:45 am]
BILLING CODE 3510-16-P



                                                                                               Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices                                                                                  11993

                                                DEPARTMENT OF COMMERCE                                                               the Patents Ombudsman Program are to:                                     Federal Register on September 14, 1993
                                                                                                                                     (1) Facilitate complaint-handling for pro                                 (Vol. 58, No. 176).
                                                Patent and Trademark Office                                                          se applicants and applicant’s
                                                                                                                                                                                                               II. Method of Collection
                                                                                                                                     representatives whose applications have
                                                Ombudsman Survey                                                                     stalled in the examination process; (2)                                      Web-based survey.
                                                                                                                                     track complaints to ensure each is                                        III. Data
                                                ACTION:Revision of a currently
                                                                                                                                     handled within ten business days; (3)
                                                approved collection, comment request.                                                                                                                             OMB Number: 0651–0078.
                                                                                                                                     provide feedback and early warning
                                                SUMMARY:   The United States Patent and                                              alerts to USPTO management regarding                                         IC Instruments and Forms: No form
                                                Trademark Office (USPTO), as required                                                training needs based on complaint                                         numbers.
                                                by the Paperwork Reduction Act of                                                    trends; and (4) build a publicly                                             Type of Review: Revision of a
                                                1995, invites comments on a proposed                                                 accessible database of frequently asked                                   Previously Existing Information
                                                extension of an existing information                                                 questions that address commonly seen                                      Collection.
                                                collection.                                                                          problems and provide effective                                               Affected Public: Individuals or
                                                                                                                                     resolutions. Participation in the                                         households; businesses or other for-
                                                DATES:  Written comments must be                                                     Ombudsman program is voluntary and                                        profits; and not-for-profit institutions.
                                                submitted on or before May 18, 2018.                                                 does not preclude the applicant’s use of                                     Estimated Number of Respondents:
                                                ADDRESSES: You may submit comments                                                   other avenues for redress of issues,                                      1,100 responses per year. It is estimated
                                                by any of the following methods:                                                     including the filing of various patent                                    that 1,800 unique customers use the
                                                  • Email: InformationCollection@                                                    process petitions. The program averages                                   Ombudsman program each year, and
                                                uspto.gov. Include ‘‘0651–0078                                                       over 3,000 requests for assistance from                                   based on previous surveys, we estimate
                                                comment’’ in the subject line of the                                                 approximately 1,800 unique customers                                      that the majority of them will respond
                                                message.                                                                             each year. The Ombudsman program is                                       to future surveys. The number of
                                                  • Federal Rulemaking Portal: http://                                               free and open to all participants in the                                  responses to this survey should
                                                www.regulations.gov.                                                                 patenting process.                                                        adequately represent all Patent
                                                  • Mail: Marcie Lovett, Records and                                                    This collection covers information                                     Examining Technology Centers.
                                                Information Governance Division                                                      gathered on the Ombudsman Survey.                                            Estimated Time per Response: The
                                                Director, Office of the Chief Technology                                             This survey is a key component in the                                     USPTO estimates that it will take the
                                                Officer, United States Patent and                                                    USPTO’s evaluation of the Ombudsman                                       public approximately 5 minutes (0.08
                                                Trademark Office, P.O. Box 1450,                                                     program, providing a mechanism to                                         hours) to submit the information in this
                                                Alexandria, VA 22313–1450.                                                           monitor the effectiveness of the program                                  collection, including the time to access
                                                FOR FURTHER INFORMATION CONTACT:                                                     and identify potential opportunities for                                  the survey, gather any materials needed,
                                                Requests for additional information                                                  enhancement of the Ombudsman                                              fill out the survey, and submit the
                                                should be directed to Michael Easdale,                                               process. This survey allows USPTO to                                      completed item to the USPTO.
                                                Office of Patent Quality Assurance,                                                  gain consistent, reliable, and                                               Estimated Total Annual Respondent
                                                United States Patent and Trademark                                                   representative information from                                           Burden Hours: 91.67 hours.
                                                Office, P.O. Box 1450, Alexandria, VA                                                customers who use the Ombudsman                                              Estimated Total Annual Respondent
                                                22313–1450; by telephone at 571–272–                                                 program. The survey consists of 9                                         (Hourly) Cost Burden: $33,435.42. The
                                                3533; or by email to Michael.Easdale@                                                questions, and is sent every Spring to                                    USPTO expects that both professionals
                                                uspto.gov with ‘‘0651–0078 comment’’                                                 applicants/attorneys who have provided                                    and paraprofessionals will complete
                                                in the subject line. Additional                                                      an email address and utilized the                                         these surveys, with 75% being
                                                information about this collection is also                                            Ombudsman program within the past                                         completed by professionals and 25% by
                                                available at http://www.reginfo.gov                                                  fiscal year. The survey is accessed                                       paraprofessionals. The current
                                                under ‘‘Information Collection Review.’’                                             through individualized links that are                                     professional hourly wage rate is $438
                                                SUPPLEMENTARY INFORMATION:                                                           uniquely tied to the survey participants                                  and the rate for paraprofessionals is
                                                                                                                                     thereby eliminating the need for                                          $145. The professional hourly rate used
                                                I. Abstract                                                                          passwords, user IDs, or usernames to                                      for the calculation is the average rate for
                                                  In 2011, the United States Patent and                                              access the surveys. The survey period is                                  attorneys in private firms as published
                                                Trademark Office (USPTO) designed                                                    open for a period of five (5) weeks.                                      in the 2016 Report of the Economic
                                                and developed the Patents Ombudsman                                                  Customers not responding within the                                       Survey by the American Intellectual
                                                Program in response to customer                                                      initial three (3) weeks will be sent a                                    Property Law Association (AIPLA). The
                                                feedback that the prosecution of patent                                              second email message and link seeking                                     paraprofessional hourly rate comes from
                                                applications does not always advance in                                              their participation.                                                      2017 National Utilization and
                                                accordance with established procedures.                                                 There are no statutes or regulations                                   Compensation Survey published by the
                                                The USPTO implemented the                                                            requiring the USPTO to conduct this                                       National Association of Legal Assistants
                                                Ombudsman program to assist patent                                                   usage and satisfaction measurement.                                       (NALA). Using the combined hourly
                                                applicants, attorneys, and agents in                                                 The USPTO uses the survey instrument                                      rate of $364.75, the USPTO estimates
                                                resolving problems, issues, and                                                      to implement Executive Order 12862 of                                     that the respondent cost burden for this
                                                concerns arising during the prosecution                                              September 11, 1993, Setting Customer                                      collection will be $33,435.42 per year as
                                                of a patent application. The objectives of                                           Service Standards, published in the                                       shown in the table below.
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                                                                                                                                                     Estimated time                        Estimated           Estimated                        Estimated
                                                                                                                                                                                                                                   Rate
                                                                IC No.                                         Item                                   for response                           annual              annual                          annual
                                                                                                                                                                                                                                   ($/hr)
                                                                                                                                                        (minutes)                          responses          burden hours                     cost burden

                                                                                                                                                               (a)                            (b)           (a) × (b) / 60 = (c)    (d)        (c) × (d) = (e)

                                                1 ..........................................   Ombudsman Survey ...........                  5 mins. (0.08 hours) ...........                       1,100                 91.67      $364.75        $33,435.42

                                                      Total .............................         ........................................      ........................................            1,100                 91.67                      33,435.42




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                                                11994                         Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices

                                                  Estimated Total Annual (Non-Hour)                     partnership that connects American                    program which falls under the auspices
                                                Respondent Cost Burden: $0. There are                   businesses with military spouses who                  of the office of the Deputy Assistant
                                                no capital start-up, maintenance,                       possess essential 21st-century workforce              Secretary of Defense for Military
                                                postage, or recordkeeping costs                         skills and attributes and are seeking                 Community & Family Policy.
                                                associated with this information                        portable, fulfilling careers.                            This program was developed in
                                                collection.                                             DATES: Comments will be accepted on or                compliance with 10 U.S. Code 1784
                                                                                                        before April 18, 2018. This proposed                  Employment Opportunities for Military
                                                IV. Request for Comments                                                                                      Spouses and DoDI 1342.22, Military
                                                                                                        action will be effective the date
                                                  Comments submitted in response to                     following the end of the comment                      Family Readiness.
                                                this notice will be summarized or                       period unless comments are received                      Users may learn about this program in
                                                included in the request for OMB                         which result in a contrary                            various ways including through the
                                                approval of this information collection;                                                                      Military OneSource program,
                                                                                                        determination.
                                                they also will become a matter of public                                                                      installation service providers, from
                                                record.                                                 ADDRESSES:   You may submit comments,                 other military spouses, from other MSEP
                                                  Comments are invited on:                              identified by docket number and title,                Partners and via general online
                                                  (a) Whether the proposed collection of                by any of the following methods:                      searches. Once aware of the program
                                                information is necessary for the proper                   • Federal Rulemaking Portal: http://                interested spouses may simply access by
                                                performance of the functions of the                     www.regulations.gov.                                  going online to the following URL:
                                                agency, including whether the                             Follow the instructions for submitting              https://msepjobs.militaryonesource.mil/
                                                information shall have practical utility;               comments.                                             msep/.
                                                  (b) The accuracy of the agency’s                        • Mail: Department of Defense, Office                  Military spouses register on the MSEP
                                                estimate of the burden (including hours                 of the Chief Management Officer,                      Career Portal to help connect them to
                                                and cost) of the proposed collection of                 Directorate for Oversight and                         MSEP Partner employers who are
                                                information;                                            Compliance, 4800 Mark Center Drive,                   hiring. After arriving at the MSEP Career
                                                  (c) Ways to enhance the quality,                      Mailbox #24, Suite 08D09B, Alexandria,                Portal, military spouses are able to
                                                utility, and clarity of the information to              VA 22350–1700.                                        review resources, conduct a job search
                                                be collected; and                                         Instructions: All submissions received              or select to register. All of this
                                                  (d) Ways to minimize the burden of                    must include the agency name and                      information is available on the web
                                                the collection of information on                        docket number for this Federal Register               portal where the registration process is
                                                respondents, e.g., the use of automated                 document. The general policy for                      also completed. Once the military
                                                collection techniques or other forms of                 comments and other submissions from                   spouse has registered they may choose
                                                information technology.                                 members of the public is to make these                to make their education and work
                                                                                                        submissions available for public                      experience visible to MSEP Partner
                                                Marcie Lovett,                                          viewing on the internet at http://                    employers as they are searching for
                                                Records and Information Governance                      www.regulations.gov as they are                       candidates to fill available positions
                                                Division Director, OCTO, United States Patent           received without change, including any                with their company. Prior to providing
                                                and Trademark Office.                                   personal identifiers or contact                       any information military spouses must
                                                [FR Doc. 2018–05468 Filed 3–16–18; 8:45 am]             information.                                          first view the Privacy Act Statement and
                                                BILLING CODE 3510–16–P                                                                                        Agency Disclosure Notice. This
                                                                                                        FOR FURTHER INFORMATION CONTACT:      Mrs.            information displays in a pop-up when
                                                                                                        Luz D. Ortiz, Chief, Records, Privacy                 a military spouse first clicks into a field
                                                                                                        and Declassification Division (RPD2),                 on the registration form to provide
                                                DEPARTMENT OF DEFENSE                                   1155 Defense Pentagon, Washington, DC                 information. The military spouse must
                                                Office of the Secretary                                 20301–1155, or by phone at (571) 372–                 review the information and click to
                                                                                                        0478.                                                 close the pop-up before they can
                                                [Docket ID: DOD–2018–OS–0010]                           SUPPLEMENTARY INFORMATION: The Office                 proceed with completing the form.
                                                                                                        of the Secretary of Defense proposes to                  The Office of the Secretary of Defense
                                                Privacy Act of 1974; System of
                                                                                                        establish a new system of records                     notices for systems of records subject to
                                                Records
                                                                                                        subject to the Privacy Act of 1974, 5                 the Privacy Act of 1974, as amended,
                                                AGENCY:  Office of the Secretary of                     U.S.C. 552a. The Military Spouse                      have been published in the Federal
                                                Defense, DoD.                                           Employment Partnership (MSEP) Career                  Register and are available from the
                                                ACTION: Notice of a new system of                       Portal (DPR 47 DoD) is the sole web                   address in FOR FURTHER INFORMATION
                                                records.                                                platform utilized to connect military                 CONTACT or at the Defense Privacy, Civil
                                                                                                        spouses with companies seeking to hire                Liberties, and Transparency Division
                                                SUMMARY:   The Office of the Secretary of               military spouse employees.                            website at http://dpcld.defense.gov/.
                                                Defense proposes to add a system of                     Participating companies, called MSEP                     The proposed systems reports, as
                                                records entitled, ‘‘Military Spouse                     Partners, are vetted and approved                     required by of the Privacy Act, as
                                                Employment Partnership (MSEP) Career                    participants in the MSEP Program and                  amended, were submitted on October 3,
                                                Portal, DPR 47 DoD.’’ This system is the                have pledged to recruit, hire, promote                2017, to the House Committee on
                                                sole web platform utilized to connect                   and retain military spouses in portable               Oversight and Government Reform, the
                                                military spouses with companies                         careers. MSEP is a targeted recruitment               Senate Committee on Homeland
                                                seeking to hire military spouse                         and employment partnership that                       Security and Governmental Affairs, and
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                                                employees. Participating companies,                     connects American businesses with                     the Office of Management and Budget
                                                called MSEP Partners, are vetted and                    military spouses who possess essential                (OMB) pursuant to Section 6 to OMB
                                                approved participants in the MSEP                       21st-century workforce skills and                     Circular No. A–108, ‘‘Federal Agency
                                                Program and have pledged to recruit,                    attributes and are seeking portable,                  Responsibilities for Review, Reporting,
                                                hire, promote and retain military                       fulfilling careers. The MSEP program is               and Publication under the Privacy Act,’’
                                                spouses in portable careers. MSEP is a                  part of the overall Spouse Education                  revised December 23, 2016 (December
                                                targeted recruitment and employment                     and Career Opportunities (SECO)                       23, 2016, 81 FR 94424).


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Document Created: 2018-03-17 04:24:41
Document Modified: 2018-03-17 04:24:41
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
ActionRevision of a currently approved collection, comment request.
DatesWritten comments must be submitted on or before May 18, 2018.
ContactRequests for additional information should be directed to Michael Easdale, Office of Patent Quality Assurance, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-3533; or by email to [email protected] with ``0651-0078 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.''
FR Citation83 FR 11993 

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