83 FR 34833 - Submission for OMB Review; Comment Request; Third-Party Submissions and Protests

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 83, Issue 141 (July 23, 2018)

Page Range		34833-34834
FR Document		2018-15611

Federal Register, Volume 83 Issue 141 (Monday, July 23, 2018)

[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Pages 34833-34834]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15611]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Submission for OMB Review; Comment Request; Third-Party 
Submissions and Protests

    The United States Patent and Trademark Office (USPTO) will submit 
to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act.
    Agency: United States Patent and Trademark Office, Commerce.
    Title: Third-Party Submissions and Protests.
    OMB Control Number: 0651-0062.
    Form Number(s):

 PTO/SB/429

    Type of Request: Regular.
    Number of Respondents: 1,450 responses.

[[Page 34834]]

    Average Hours per Response: 14,500 hours.
    Cost Burden: $74,160.
    Needs and Uses: The public uses this information collection to 
contribute submissions and protests to the quality of issued patents. 
The USPTO will use this information, as appropriate, during the patent 
examination process to assist in evaluating the patent application.
    Frequency: On occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected]. Once submitted, the request will be 
publicly available in electronic format through www.regino.gov. Follow 
the instructions to view the Department of Commerce collections 
currently under review by OMB.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0062 copy request'' in the subject line of the message.
     Mail: Raul Tamayo, Senior Legal Advisor, Office of Patent 
Legal Administration, United States Patent and Trademark Office, P.O. 
Box 1450, Alexandria, VA 22313-1450.
    Written comments and recommendations for the proposed information 
collection should be sent on or before August 22, 2018 to Nicholas A. 
Fraser, OMB Desk Officer, via email to [email protected], 
or by fax to 202-395-5167, marked to the attention of Nicholas A. 
Fraser.

Marcie Lovett,
Director, Records & Information Governance Division (RIGD), Office of 
the Chief Technology Officer, Office of the Chief Information Officer, 
United States Patent and Trademark Office.
[FR Doc. 2018-15611 Filed 7-20-18; 8:45 am]
 BILLING CODE 3510-16-P

Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34833

distribute the time and location of One dredge would be rigged with a 7- the scallops would be measured in 5-
stations to the lobster industry, work row apron and twine top hanging ratio milimeter increments to determine size
only during daylight hours, post an of 2:1, while the other dredge would be selectivity. All finfish catch would be
extra lookout to avoid gear, and actively rigged with a 5-row, extended link sorted by species and then counted and
avoid tangling in stationary gear. The apron and 1.5:1 twine top hanging ratio. measured. Weight, sex, and
project would work in cooperation in Both dredge frames would be rigged reproductive state would be determined
with NHFG and AOLA to tag lobsters with identical rock and tickler chain for a random subsample (n=10) of
with the primary goal of documenting configurations, 10-inch (25.4-cm) twine yellowtail, winter, and windowpane
their movement on and off Georges top, and 4-inch (10.2-cm) ring bag. Gear flounders. Lobsters would be measured,
Bank. The applicant states that data comparison data will help improve
sexed, and evaluated for damage and
from the tagging project could also help efforts to reduce scallop dredge bycatch.
shell disease. No catch would be
answer questions of lobster discard Dredge gear would conform to scallop
retained for longer than needed to
mortality in the scallop fishery. gear regulations.
All tows would be conducted with For all tows, the entire sea scallop conduct sampling, and no finfish or
two 15-foot (4.6-m) turtle deflector catch would be counted into baskets lobsters would be landed for sale. All
dredges for a duration of 30 minutes and weighed. One basket from each catch estimates for the project are listed
using an average tow speed of 4.8 knots. dredge would be randomly selected, and in Table 1, below.

TABLE 1—COONAMESSETT FARM FOUNDATION GEORGES BANK SCALLOP RESEARCH PROJECT
Estimated Estimated
Common name Scientific name weight weight
(lb) * (kg)

Sea Scallop ...................................... Placopecten magellanicus ......................................................................... 33,103 15, 015
Yellowtail Flounder .......................... Limanda ferruginea ................................................................................... 1,097 498
Winter Flounder ............................... Pseudopleuronectes americanus .............................................................. 1,605 728
Windowpane Flounder ..................... Scophthalmus aquosus ............................................................................. 5,656 2,566
Summer Flounder ............................ Paralichthys dentatus ................................................................................ 1,886 855
Fourspot Flounder ........................... Paralichthys oblongus ............................................................................... 148 67
American Plaice ............................... Hippoglossoides platessoides ................................................................... 180 82
Grey Sole ......................................... Glyptocephalus cynoglossus ..................................................................... 24 11
Haddock ........................................... Melanogrammus aeglefinus ...................................................................... 116 53
Atlantic Cod ..................................... Gadus morhua ........................................................................................... 199 90
Monkfish ........................................... Lophius americanus .................................................................................. 16,839 7,638
Spiny Dogfish ................................... Squalus acanthias ..................................................................................... 173 78
Barndoor Skates .............................. Dipturus laevis ........................................................................................... 2,217 1,006
NE Skate Complex (excluding Leucoraja erinacea, Leucoraja ocellata .................................................... 127,055 57,631
barndoor skate).

American lobster .............................. Homarus americanus ................................................................................ 1,000 **
* Weights estimated using catch from a similar 2016 project.
** Number of individual animals estimated to be caught.

The applicant states that the scallop yield as they relate to access and DEPARTMENT OF COMMERCE
exemptions are necessary to allow them open area management.
to conduct experimental dredge towing United States Patent and Trademark
If approved, the applicant may
without being charged DAS, as well as Office
request minor modifications and
deploy gear in areas that are currently extensions to the EFP throughout the Submission for OMB Review;
closed to scallop fishing. Participating year. EFP modifications and extensions Comment Request; Third-Party
vessels need crew size waivers to may be granted without further notice if Submissions and Protests
accommodate science personnel. they are deemed essential to facilitate
Exemptions from possession limits completion of the proposed research The United States Patent and
would allow researchers to sample and have minimal impacts that do not Trademark Office (USPTO) will submit
finfish and lobster catch that exceeds change the scope or impact of the to the Office of Management and Budget
possession limits or prohibitions. The initially approved EFP request. Any (OMB) for clearance the following
project would be exempt from the sea fishing activity conducted outside the proposal for collection of information
scallop observer program requirements under the provisions of the Paperwork
scope of the exempted fishing activity
because activities conducted on the trip Reduction Act.
would be prohibited.
are not consistent with normal fishing Agency: United States Patent and
Authority: 16 U.S.C. 1801 et seq. Trademark Office, Commerce.
operations. Researchers from CFF will
accompany each trip taken under the Dated: July 18, 2018. Title: Third-Party Submissions and
amozie on DSK3GDR082PROD with NOTICES1

EFP. The goal of the proposed work is Jennifer M. Wallace, Protests.
to provide information on spatial and OMB Control Number: 0651–0062.
Acting Director, Office of Sustainable
temporal patterns in bycatch rates in the Fisheries, National Marine Fisheries Service. Form Number(s):
scallop fishery, with the objective of [FR Doc. 2018–15724 Filed 7–20–18; 8:45 am] • PTO/SB/429
identifying mechanisms to mitigate BILLING CODE 3510–22–P Type of Request: Regular.
bycatch. The data collected would Number of Respondents: 1,450
enhance understanding of bycatch and responses.

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34834 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices

Average Hours per Response: 14,500 collection, as required by the Paperwork erroneous payments of fees in the micro
hours. Reduction Act. entity amount.
Cost Burden: $74,160. DATES: Written comments must be Applicants who change their entity
Needs and Uses: The public uses this submitted on or before September 21, status may need to submit additional
information collection to contribute 2018. payments in order to have their
submissions and protests to the quality applications associated with the correct
of issued patents. The USPTO will use ADDRESSES: Written comments may be category. A small or micro entity can be
this information, as appropriate, during submitted by any of the following established in good faith, and a patent
the patent examination process to assist methods: applicant pay a maintenance fee as a
in evaluating the patent application. • Email: InformationCollection@ small or micro entity in good faith but
Frequency: On occasion. uspto.gov. Include ‘‘0070 Fee Deficiency later discover that such status was
Respondent’s Obligation: Required to Submissions’’ in the subject line of the established in error or that through
Obtain or Retain Benefits. message. errors USPTO was not notified of a loss
OMB Desk Officer: Nicholas A. Fraser, • Federal Rulemaking Portal: http:// of entitlement to such status. The
email: Nicholas_A._Fraser@ www.regulations.gov. USPTO will excuse the error if a
omb.eop.gov. Once submitted, the • Mail: Marcie Lovett, Director, deficiency payment and other
request will be publicly available in Records and Information Governance requirements are submitted in
electronic format through Division, Office of the Chief Technology compliance with 37 CFR 1.28(c) or
www.regino.gov. Follow the instructions Officer, United States Patent and 1.29(k). This is known as a ‘‘1.28(c)
to view the Department of Commerce Trademark Office, P.O. Box 1450, petition’’ or ‘‘1.29(k) petition.’’
collections currently under review by Alexandria, VA 22313–1450. Thus, this information collection is
OMB. FOR FURTHER INFORMATION CONTACT: necessary so that patent applicants and
Further information can be obtained Requests for additional information patentees may pay the balance of fees
by: should be directed to Raul Tamayo, due (i.e., fee deficiency payment) in
• Email: InformationCollection@ Senior Legal Advisor, Office of Patent instances when the micro or small
uspto.gov. Include ‘‘0651–0062 copy Legal Administration, United States entity fee amount was paid in error. The
request’’ in the subject line of the Patent and Trademark Office (USPTO), USPTO requires the information in
message. P.O. Box 1450, Alexandria, VA 22313– order to process and properly record a
• Mail: Raul Tamayo, Senior Legal 1450; by telephone at 571–272–7728; or fee deficiency payment, and to avoid
Advisor, Office of Patent Legal by email at Raul.Tamayo@uspto.gov questions arising later, either for the
Administration, United States Patent with ‘‘Information Collection: 0070’’ in USPTO or for the applicant or patentee
and Trademark Office, P.O. Box 1450, the subject line. Additional information as to whether the proper fees have been
Alexandria, VA 22313–1450. about this collection is also available at paid in the application or patent.
Written comments and http://www.reginfo.gov under Failure to correct to the error in entity
recommendations for the proposed ‘‘Information Collection Review.’’ status will result in the charging of
information collection should be sent on SUPPLEMENTARY INFORMATION:
patent application fees that correspond
or before August 22, 2018 to Nicholas A. with the correct entity status at the
Fraser, OMB Desk Officer, via email to I. Abstract discretion of the Agency. If these fees
Nicholas_A._Fraser@omb.eop.gov, or by The Leahy-Smith America Invents Act are not paid, patent protection lapses
fax to 202–395–5167, marked to the (‘‘Act’’) was enacted into law on and rights provided by the patent are no
attention of Nicholas A. Fraser. September 16, 2011 (Pub. L. 112–29, longer enforceable.
Marcie Lovett, 125 Stat. 283 (2011)). Under section II. Method of Collection
Director, Records & Information Governance 10(b) of the Act, eligible small entities
The items in this collection may be
Division (RIGD), Office of the Chief shall receive a 50 percent fee reduction
submitted online using EFS-Web, the
Technology Officer, Office of the Chief from the undiscounted fees for filing,
USPTO’s Web-based electronic filing
Information Officer, United States Patent and searching, examining, issuing,
Trademark Office. system, or on paper by either mail or
appealing, and maintaining patent
hand delivery.
[FR Doc. 2018–15611 Filed 7–20–18; 8:45 am] applications and patents. The Act
BILLING CODE 3510–16–P further provides that micro entities shall III. Data
receive a 75 percent fee reduction from OMB Number: 0651–0070.
the undiscounted fees for filing, IC Instruments: There are no forms in
DEPARTMENT OF COMMERCE searching, examining, issuing, this collection.
appealing, and maintaining patent Type of Review: Renewal of a
Patent and Trademark Office applications and patents. previously existing information
This information collection covers the collection.
Proposed Collection; Comment
submissions made by patent applicants Affected Public: Businesses or other
Request; Fee Deficiency Submissions
and patentees to excuse fee payment for-profits; not-for-profit institutions;
AGENCY: United States Patent and errors that result from changes in their individuals or households.
Trademark Office, Commerce. small or micro entity status, in Estimated Number of Respondents:
ACTION: Proposed collection, comment accordance with the procedures set 2,500 responses per year. Of this total,
request. forth in 37 CFR 1.28(c) and 1.29(k). the USPTO expects that 2,450 responses
amozie on DSK3GDR082PROD with NOTICES1

Specifically, 37 CFR 1.28(c) provides a will be submitted electronically through
SUMMARY: The United States Patent and procedure by which patent applicants EFS-Web and 50 will be submitted on
Trademark Office (USPTO), as part of its and patentees may be excused for paper.
continuing effort to reduce paperwork erroneous payments of fees in the small Estimated Time per Response: The
and respondent burden, invites the entity amount. 37 CFR 1.29(k) provides USPTO estimates that it will take the
general public to comment on the a procedure by which patent applicants public approximately 2 hours to submit
proposed renewal of this information and patentees may be excused for the information in this collection,

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Document Created: 2018-07-21 00:49:21
Document Modified: 2018-07-21 00:49:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 34833

83 FR 34833 - Submission for OMB Review; Comment Request; Third-Party Submissions and Protests

DEPARTMENT OF COMMERCEUnited States Patent and Trademark Office

Federal Register Volume 83, Issue 141 (July 23, 2018)

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office