83 FR 53853 - Access to Relevant Prior Art Initiative
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 83, Issue 207 (October 25, 2018)
Patent and Trademark Office
Federal Register Volume 83, Issue 207 (October 25, 2018)
| Page Range | 53853-53856 | |
| FR Document | 2018-23338 |
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)] [Notices] [Pages 53853-53856] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23338] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO-P-2018-0051] Access to Relevant Prior Art Initiative AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO) is implementing the first phase of the Access to Relevant Prior Art Initiative (``RPA Initiative'') to import citations (e.g., bibliographic data on forms PTO/SB/08 and PTO-892) from the immediate parent application into the continuing application. The citations corresponding to the documents considered by the examiner in the continuing application will be printed on the face of the patent issuing from the continuing application without the applicant having to resubmit the information on an Information Disclosure Statement. Additionally, an applicant's duty to disclose information in the continuing application will continue to be satisfied for information considered in the parent application and will be satisfied for any additional information made of record by the Office in the continuing application. The RPA Initiative is being developed in response to public input following an August 29, 2016, notice and September 28, 2016, roundtable event on leveraging electronic resources to retrieve [[Page 53854]] information from applicant's other applications. The USPTO plans to implement the RPA Initiative in phases to consider and address public and examiner feedback at each phase and determine how to effectively expand the RPA Initiative in future phases. DATES: Applicable Date: November 1, 2018. ADDRESSES: The RPA Initiative will be implemented in stages without a comment deadline. Comments will be accepted on an ongoing basis. Written suggestions and comments should be sent by electronic mail to PriorArtAccess@uspto.gov or via the IdeaScale tool available at https://uspto-priorart.ideascale.com. Comments also may be submitted by postal mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Michael Neas, Deputy Director, International Patent Legal Administration. FOR FURTHER INFORMATION CONTACT: For questions or comments regarding the RPA Initiative in general, please contact Michael Neas, Deputy Director, International Patent Legal Administration, by telephone at 571-272-3289, or by email to michael.neas@uspto.gov or Matthew Sked, Senior Legal Advisor, Office of Patent Legal Administration, by telephone at 571-272-7627, or by email to matthew.sked@uspto.gov. Questions regarding a specific application should be directed to the Technology Center examining the application. SUPPLEMENTARY INFORMATION: I. Background On August 29, 2016, the USPTO issued a notice seeking public feedback regarding how to efficiently utilize information from applicant's other applications having the same or substantially the same disclosure to provide examiners with relevant information at the earliest stage of examination. See Request for Comments and Notice of Roundtable Event on Leveraging Electronic Resources to Retrieve Information from Applicant's Other Applications and Streamline Patent Issuance, 81 FR 59197 (August 29, 2016). The notice announced a Roundtable that was held on September 28, 2016 and requested written comments by October 28, 2016. In response, the Office received twenty- six comments from a diverse group of stakeholders including intellectual property organizations, companies, law firms and individuals. Most of the stakeholders supported a program where the USPTO would automatically monitor related applications for relevant information therein for consideration during the examination of a U.S. application. However, stakeholder views varied on the optimal scope of the program and best method for implementation. Accordingly, the USPTO will implement the RPA Initiative in phases to consider and address public and examiner feedback at each phase. This feedback will be used to determine if the first phase needs adjustment, and how to expand the RPA Initiative effectively in future phases. Applicants and other individuals substantively involved with the preparation and/or prosecution of a U.S. non-provisional application have a duty to submit to the USPTO information which is material to patentability as defined in 37 CFR 1.56. The provisions of 37 CFR 1.97 and 37 CFR 1.98 provide a mechanism by which patent applicants may comply with the duty of disclosure provided in 37 CFR 1.56. An information disclosure statement (IDS) filed in accordance with the provisions of 37 CFR 1.97 and 37 CFR 1.98 will be considered by the examiner assigned to the application. Citations listed in an IDS (e.g., on form PTO/SB/08 and equivalents) and considered by the examiner will be printed on the patent and distinguished from citations that were cited by the examiner and listed on a form PTO-892 (examiner citations will be marked with an asterisk). See Manual of Patent Examining Procedure, Rev. 08.2017, Jan. 2018 (referred to herein as ``MPEP'') Sec. Sec. 609 and 609.06. Under current practice, when filing a continuing application that claims benefit under 35 U.S.C. 120 to a parent application (other than an international application for patent under the Patent Cooperation Treaty (PCT) that designated the United States), a listing of information which has been considered by the examiner in the parent application need not be resubmitted in the continuing application unless the applicant desires the information to be printed on the patent. Specifically, ``(t)he examiner will consider information which has been considered by the Office in a parent application . . . when examining: (A) A continuation application filed under 37 CFR 1.53(b), (B) a divisional application filed under 37 CFR 1.53(b), or (C) a continuation-in-part application filed under 37 CFR 1.53(b).'' MPEP Sec. 609.02(II)(A)(2). II. RPA Initiative After careful consideration of the input from the public and examiners on the prior art initiative announced in the August 29, 2016 notice, the USPTO is implementing the RPA Initiative that will leverage electronic resources to improve examiner's access to relevant information from applicant's other related applications. As indicated previously, the USPTO will be implementing the RPA Initiative in phases to evaluate public and examiner feedback at each phase to address concerns and determine the ideal course for future expansion of the RPA Initiative. In the first phase of the RPA Initiative, the USPTO will import the citations listed on forms PTO/SB/08 (or equivalents) and PTO-892 in the immediate parent application into the continuing application. If compliant with 37 CFR 1.98 in the parent application, the examiner will consider the documents that correspond to these citations and the citations will be printed on the patent. This will eliminate the need for applicant to submit an IDS in the continuing application for the purpose of having these citations printed on the patent. Additionally, an applicant's duty to disclose information under 37 CFR 1.56 in the continuing application will continue to be satisfied for information considered in the parent application and will be satisfied for any additional information made of record by the Office in the continuing application. In subsequent phases of the RPA Initiative, the USPTO will consider providing examiners access to citation information from other sources such as other related U.S. applications, international applications under the PCT, and counterpart foreign applications of the same applicant. The selection of these sources and the timetable for expansion will be dictated, at least in part, by evaluating the first phase including feedback on the RPA Initiative from the public and examiners. This first phase will also begin with a targeted release of a newly developed interface to a subgroup of examiners from a limited number of selected art units. In subsequent phases of the RPA Initiative, the USPTO plans to provide the interface to more examiners when the RPA Initiative proves scalable. III. Structure of the First Phase of the RPA Initiative (1) Overview In the first phase of the RPA Initiative, applicants of a continuing application included in the RPA Initiative will not need to submit an IDS in a continuing application for information cited in the parent application in order for the [[Page 53855]] corresponding citations to appear on the face of any patent issuing from the continuing application. Instead, IDS citations listed on form PTO/SB/08 (or equivalents) in the parent application, as well as citations listed on form PTO-892 (Notice of References Cited) in the parent application, will be imported into the continuing application. Those citations considered by the examiner in the continuing application will be printed on any patent issuing from the continuing application and distinguished from the other citations of record. This first phase will be targeted to a select group of examiners and limited to continuing applications filed on or after the effective date of November 1, 2018 with a single parent application. (2) Conditions for Inclusion An application included in the first phase of the RPA Initiative will meet the following conditions. i. Types of Applications. The application is a non-reissue, non- provisional application filed under 35 U.S.C. 111(a) with a claim for benefit under 35 U.S.C. 120 or 121 of only a single prior U.S. application (i.e., immediate parent application, referred to herein as ``parent application''). The parent application must have been filed under 35 U.S.C. 111(a) or have entered the national stage pursuant to 35 U.S.C. 371. The parent application can claim priority or benefit of other applications only under 35 U.S.C. 119. For example, it cannot include any claims for benefit under 35 U.S.C. 120, 121, 365(c) or 386(c). ii. Art Unit Requirement. The application is assigned to one of the art units that will be listed on the RPA Initiative website https://www.uspto.gov/patents-getting-started/PriorArtAccess. iii. Timing. The RPA Initiative will initially apply to a small group of continuing applications filed on or after the effective date of November 1, 2018. The RPA Initiative will then expand to a larger group of applications filed on or after January 1, 2019. This information will be listed on the RPA Initiative website https://www.uspto.gov/patents-getting-started/PriorArtAccess. The claim for benefit to a parent application must be made in the continuing application and reflected on the filing receipt before the continuing application completes pre-examination processing. The USPTO cannot accept requests to have an application entered in the first phase of the RPA Initiative. (3) Art Units in the First Phase The first phase will begin with a small group of examiners on November 1, 2018, and increase to a larger group on January 1, 2019. The art units will be listed on the RPA Initiative website https://www.uspto.gov/patents-getting-started/PriorArtAccess before the November 1, 2018 effective date. The art units participating in the first phase of the RPA Initiative will be chosen to ensure that within the first twelve months of the RPA Initiative, data is acquired on approximately 175 applications across the examining corps. Specifically, the USPTO is considering each art unit's current backlog of continuing applications and the projected number of continuing application filings expected in the first year of the RPA Initiative. This targeted selection of art units and the number of applications is designed to provide relevant feedback in a timely manner and allow the RPA Initiative to expand to the next phase in an expeditious manner. Note, if the application is initially assigned to an art unit within the RPA Initiative and is later transferred to an art unit outside the RPA Initiative, the application will remain in the RPA Initiative and will be treated in accordance with this notice. (4) Determination of Applications for Inclusion in the RPA Initiative The USPTO will determine whether an application meets the conditions for inclusion in the first phase of the RPA Initiative after the Office of Patent Application Processing completes pre-examination processing of the continuing application. That is, a filing receipt has been issued, there are no outstanding pre-examination notices (e.g., Notice to File Missing Parts), and the application has completed classification. At this point, the continuing application will be evaluated for inclusion in the RPA Initiative. Once it has been determined that the continuing application meets the conditions for inclusion in the first phase of the RPA Initiative, the citations from the parent application, as specified herein, will be imported into the continuing application. Concurrent with the importation, a Notice of Imported Citations will be generated and provided to the applicant. The Notice of Imported Citations will indicate that the continuing application has been entered in the first phase of the RPA Initiative and will list the citations that have been imported into the continuing application under examination. There is no requirement for the applicant to reply to the Notice of Imported Citations. However, applicant may inspect the Notice of Imported Citations to determine what citations have been imported into the continuing application under examination. Applications included in the RPA Initiative will not be expedited or given special status due to inclusion into this RPA Initiative. The continuing application will be taken up for examination in the order it is filed in accordance with MPEP 708. Once the continuing application is taken up for action, the examiner will consider the imported information in due course, similar to the consideration of other IDSs filed in the application. There is no mechanism for removing an application from the RPA Initiative. (5) Citations Imported All citations, both considered and unconsidered in the parent application, will be imported into the continuing application. The citations are those corresponding to U.S. patent documents, foreign patent documents, and non-patent literature (NPL) documents, contained on an IDS listing (e.g., PTO/SB/08 or equivalents) or PTO-892 in the file wrapper record of the parent application at the time inclusion into the RPA Initiative is determined. If available in the parent application, the examiner will be provided ready access to copies of the foreign patent documents and NPL documents associated with the imported citations as well as any corresponding translations or explanations of relevance. Though copies of documents corresponding to the imported citations will not be available in the electronic file wrapper of the continuing application to applicants and the public, such copies can be accessed in the electronic file wrapper of the parent application by the applicant of the parent application through the USPTO's Private Patent Application Information Retrieval (PAIR) system (https://ppair.uspto.gov/TruePassWebStart/AuthenticationChooser.html), or by the public by obtaining a certified copy of file history of the parent application (http://ebiz1.uspto.gov/oems25p/index.html). This is consistent with current practice where a copy of a document considered by the examiner in the parent application (except where the parent is an international application) is not required to be filed in the continuing application for consideration, and, therefore, is not available in the electronic file wrapper of the continuing application. See 37 CFR 1.98(d) and MPEP Sec. 609.02. Any [[Page 53856]] citations in the parent application not contained on an IDS listing or PTO-892 form will not be imported, including, for example, citations in a third-party submission under 37 CFR 1.290, Office actions, applicant responses, citations listed in the specification, affidavits/ declarations, etc. Note that in the first phase of the RPA Initiative, the Office will perform only a single importation of citations from the parent application. Any citations from IDS listings or PTO-892 forms appearing in the parent application after this single importation occurs will not be imported. To have such later-appearing citations printed on a patent issued from the continuing application, applicant must submit an IDS with the later-appearing citations. (6) Examiner Consideration Examiners will consider all documents corresponding to the imported citations that are compliant with 37 CFR 1.98 in the parent application. As explained previously, the imported citations will be listed on the Notice of Imported Citations, which will be given to the applicant at the time of importation and will be viewable in the electronic file wrapper record of the continuing application via the USPTO's PAIR system. The examiner will consider the information corresponding to the imported citations to the same extent as information submitted by the applicant in an IDS. See MPEP Sec. 609.05(b). The examiner will indicate consideration of the imported citations in a Notice of Consideration. Examiners will strike through each citation whose document was not considered in the continuing application. This includes any citation that was not compliant with 37 CFR 1.98 in the parent application (e.g., no copy was submitted) or the examiner was unable to consider the relevance of the imported citation for some other reason. However, citations that were not compliant under 37 CFR 1.97 in the parent application will be considered by the examiner in the continuing application, if compliant with 37 CFR 1.98. The examiner should inform the applicant in the first Office action of the reason(s) a citation was not considered. Applicant may then file an IDS to correct the deficiency in the imported citations. Note that the date the IDS is filed to correct the deficiency in the continuing application is the date for determining compliance with the timing requirements of 37 CFR 1.97. See MPEP Sec. 609.05(a). The examiner's signature on the Notice of Consideration will indicate that the documents corresponding to all citations that have not been lined through have been considered. The Notice of Consideration should be provided with the first Office action on the merits in the continuing application. (7) Publication of Imported Citations All citations that have been imported from the parent application and indicated as considered on the Notice of Consideration will be printed on the patent issuing from the continuing application. These imported citations will be marked with a double-dagger on the patent to distinguish them from the other citations of record. If an item of information is cited more than once on the record (e.g., in a Notice of Consideration and on an IDS), the citation will be listed only once on the patent and will be distinguished as a citation that has been imported from a related application. IV. Future Phases As indicated previously, this RPA Initiative seeks to import relevant information for consideration by the examiner at an early time in prosecution while reducing the need for applicants to submit this same information in later-filed applications. The RPA Initiative will begin with the first phase outlined in section III. The USPTO expects to expand this RPA Initiative in subsequent phases to further enhance examination quality and reduce the need for applicants to resubmit citation lists and references. The USPTO is evaluating how to expand the RPA Initiative in future phases and will use the data acquired in the first phase in making this determination. Currently, the USPTO is considering a first expansion of the RPA Initiative (second phase) to include the importation of U.S. and foreign patent citation information from related PCT and counterpart foreign applications. However, this could change based on the feedback received from examiners and stakeholders in the first phase. Further, the RPA Initiative may be expanded to increase the number of times information is imported from the parent application, as well as encompass more art units within the USPTO so that it will eventually be applicable in all applications regardless of classification. The timetable for expansion and the chosen sources of expansion will be determined based upon the feedback obtained in the first phase. Applicants are encouraged to provide their feedback on the RPA Initiative to help the USPTO determine how best to expand the RPA Initiative in the next phase and in any future phases. Comments are preferred using the IdeaScale tool which is available at https://uspto-priorart.ideascale.com. Dated: October 19, 2018. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2018-23338 Filed 10-24-18; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53853
and the states.1 Specifically, Congress Islands, Guam, and the United States is necessary for the proper performance
directed NTIA to acquire and display Virgin Islands. of the functions of the agency, including
available third-party data sets to the NTIA intends to collect this whether the information shall have
extent it is able to negotiate its inclusion information from two types of practical utility; (b) the accuracy of the
to augment data from the FCC, other respondents that collect broadband data agency’s estimate of the burden
federal government agencies, state with more geographic granularity than (including hours and cost) of the
government, and the private sector.2 the Census block level: (1) Owners and proposed collection of information; (c)
The objective of these updates is to operators of broadband networks; and ways to enhance the quality, utility, and
identify regions of the country with (2) industry associations, data clarity of the information to be
insufficient broadband capacity, aggregators, and researchers that study collected; and (d) ways to minimize the
particularly in rural areas. or analyze broadband availability. burden of the collection of information
Presently, the only source of Respondents may include private on respondents, including through the
nationwide broadband availability data companies, non-profits, cooperatives, use of automated collection techniques
is that collected from broadband service educational institutions, tribal or other forms of information
provider responses to the FCC Form 477 governments, and local, regional, or technology.
Fixed Broadband Deployment data state governments. This information Comments submitted in response to
process. Form 477 data are submitted by collection includes the use of both this notice will be summarized and/or
voice and broadband wireline and wireless technologies to included in the request for OMB
telecommunications service providers deliver broadband services. approval of this information collection;
semi-annually and include information The data to be collected includes they will also become a matter of public
on the services each provider offers, at geographic information on service record.
the Census block level.3 While the availability—such as address, address
Census block system provides a very range, road centerline, land-parcel Sheleen Dumas,
high level of geographic granularity identification, or latitude/longitude— Departmental Lead PRA Officer, Office of the
overall—the United States is divided and corresponding broadband Chief Information Officer.
into over 11 million blocks, 95 percent availability data (such as technology [FR Doc. 2018–23296 Filed 10–24–18; 8:45 am]
of which do not exceed 1 square mile service type, upload and download BILLING CODE 3510–60–P
in land area—it is possible that speed, etc.). Data in a Geographic
broadband availability may vary within Information Systems (GIS) format that
a single block, (which is most common describe (a) wireless coverage areas DEPARTMENT OF COMMERCE
in rural areas). Additionally, broadband based on a propagation model and (b)
service providers who wish to share network infrastructure (such as fiber Patent and Trademark Office
more granular data on broadband optic routes) is also responsive. [Docket No.: PTO–P–2018–0051]
availability—including regulated and NTIA will not require that
non-regulated entities—have no respondents modify appropriate data Access to Relevant Prior Art Initiative
mechanism to do so. Further, a sets, with the exception that Personally
broadband service provider offering Identifiable Information (PII) should be AGENCY: United States Patent and
service to any homes or businesses in a removed prior to transmission to NTIA. Trademark Office, Commerce.
Census block is instructed to report that Data collection operations will result in ACTION: Notice.
block as served in its Form 477 filing, respondent burden during: (1) Efforts to
even though it may not offer broadband assemble their data for transmission to SUMMARY: The United States Patent and
services in most of the block. This can NTIA; (2) removal of PII; and (3) NTIA Trademark Office (USPTO) is
lead to overstatements in the level of communications with respondent implementing the first phase of the
broadband availability, especially in contacts to ensure NTIA correctly Access to Relevant Prior Art Initiative
rural areas where Census blocks are understands the data. (‘‘RPA Initiative’’) to import citations
large or when services are only available (e.g., bibliographic data on forms PTO/
II. Method of Collection SB/08 and PTO–892) from the
near the boundaries of a Census block.
As a result of these constraints, NTIA The information collection will be immediate parent application into the
intends to collect broadband availability administered through an online file continuing application. The citations
data at a more granular level than that transfer tool. corresponding to the documents
available via the FCC Form 477 process. considered by the examiner in the
III. Data
This data will be used to better assess continuing application will be printed
broadband availability across the OMB Control Number: None. on the face of the patent issuing from
country and particularly in rural areas. Form Number(s): None. the continuing application without the
This information collection covers the Type of Review: Regular submission. applicant having to resubmit the
Affected Public: Owners and information on an Information
50 states, the District of Columbia, the
operators of broadband networks, Disclosure Statement. Additionally, an
Commonwealth of Puerto Rico, the
industry associations, data aggregators, applicant’s duty to disclose information
Island Areas of American Samoa, the
and researchers. in the continuing application will
Commonwealth of the Northern Mariana Frequency: Annual.
Number of Respondents: 600. continue to be satisfied for information
1 Consolidated Appropriations Act of 2018,
Average Time per Response: 8 hours. considered in the parent application
Public Law 115–141, Division B, Title I, 132 Stat. and will be satisfied for any additional
Estimated Total Annual Burden
daltland on DSKBBV9HB2PROD with NOTICES
348.
2 Joint Explanatory Statement, 164 Cong. Rec. No. Hours: 4,800 hours. information made of record by the
50—Book II, at H2084–85 (Mar. 22, 2018). Estimated Total Annual Cost to Office in the continuing application.
3 ‘‘All facilities-based broadband providers are
Public: $200,832. The RPA Initiative is being developed in
required to file data with the FCC twice a year response to public input following an
(Form 477) on where they offer internet access IV. Request for Comments August 29, 2016, notice and September
service at speeds exceeding 200 kbps in at least one
direction.’’ See https://www.fcc.gov/general/ Comments are invited on: (a) Whether 28, 2016, roundtable event on leveraging
broadband-deployment-data-fcc-form-477. the proposed collection of information electronic resources to retrieve
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![53856 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
citations in the parent application not citations that have not been lined Comments are preferred using the
contained on an IDS listing or PTO–892 through have been considered. The IdeaScale tool which is available at
form will not be imported, including, Notice of Consideration should be https://uspto-priorart.ideascale.com.
for example, citations in a third-party provided with the first Office action on Dated: October 19, 2018.
submission under 37 CFR 1.290, Office the merits in the continuing application. Andrei Iancu,
actions, applicant responses, citations
(7) Publication of Imported Citations Under Secretary of Commerce for Intellectual
listed in the specification, affidavits/
All citations that have been imported Property and Director of the United States
declarations, etc. Patent and Trademark Office.
Note that in the first phase of the RPA from the parent application and
indicated as considered on the Notice of [FR Doc. 2018–23338 Filed 10–24–18; 8:45 am]
Initiative, the Office will perform only
a single importation of citations from Consideration will be printed on the BILLING CODE 3510–16–P
the parent application. Any citations patent issuing from the continuing
from IDS listings or PTO–892 forms application. These imported citations
appearing in the parent application after will be marked with a double-dagger on DEPARTMENT OF DEFENSE
this single importation occurs will not the patent to distinguish them from the
be imported. To have such later- other citations of record. If an item of Office of the Secretary
appearing citations printed on a patent information is cited more than once on [Docket ID: DOD–2018–OS–0083]
issued from the continuing application, the record (e.g., in a Notice of
applicant must submit an IDS with the Consideration and on an IDS), the Privacy Act of 1974; System of
later-appearing citations. citation will be listed only once on the Records
patent and will be distinguished as a
(6) Examiner Consideration AGENCY: Office of the Secretary of
citation that has been imported from a
Examiners will consider all related application. Defense, DoD.
documents corresponding to the ACTION: Notice of a modified system of
imported citations that are compliant IV. Future Phases records.
with 37 CFR 1.98 in the parent As indicated previously, this RPA
Initiative seeks to import relevant SUMMARY: The Office of the Secretary of
application. As explained previously,
information for consideration by the Defense proposes to modify a system of
the imported citations will be listed on
examiner at an early time in prosecution records titled, ‘‘Joint Advertising,
the Notice of Imported Citations, which
while reducing the need for applicants Market Research & Studies (JAMRS)
will be given to the applicant at the time
to submit this same information in later- Survey Database,’’ DHRA 05. JAMRS is
of importation and will be viewable in
filed applications. The RPA Initiative an official Department of Defense
the electronic file wrapper record of the
will begin with the first phase outlined program responsible for joint marketing
continuing application via the USPTO’s
in section III. The USPTO expects to communications and market research
PAIR system. The examiner will
expand this RPA Initiative in and studies. One of JAMRS’ objectives
consider the information corresponding
subsequent phases to further enhance is to explore the perceptions, beliefs,
to the imported citations to the same
extent as information submitted by the examination quality and reduce the and attitudes of American youth as they
applicant in an IDS. See MPEP need for applicants to resubmit citation relate to joining the Military.
§ 609.05(b). lists and references. Understanding these factors is critical to
The examiner will indicate The USPTO is evaluating how to the success of sustaining an All-
consideration of the imported citations expand the RPA Initiative in future Volunteer Force and helps ensure
in a Notice of Consideration. Examiners phases and will use the data acquired in recruiting efforts are directed in the
will strike through each citation whose the first phase in making this most efficient and beneficial manner.
document was not considered in the determination. Currently, the USPTO is DATES: Comments will be accepted on or
continuing application. This includes considering a first expansion of the RPA before November 26, 2018. This
any citation that was not compliant with Initiative (second phase) to include the proposed action will be effective the
37 CFR 1.98 in the parent application importation of U.S. and foreign patent date following the end of the comment
(e.g., no copy was submitted) or the citation information from related PCT period unless comments are received
examiner was unable to consider the and counterpart foreign applications. which result in a contrary
relevance of the imported citation for However, this could change based on determination.
some other reason. However, citations the feedback received from examiners ADDRESSES: You may submit comments,
that were not compliant under 37 CFR and stakeholders in the first phase. identified by docket number and title,
1.97 in the parent application will be Further, the RPA Initiative may be by any of the following methods:
considered by the examiner in the expanded to increase the number of * Federal Rulemaking Portal: http://
continuing application, if compliant times information is imported from the www.regulations.gov.
with 37 CFR 1.98. The examiner should parent application, as well as Follow the instructions for submitting
inform the applicant in the first Office encompass more art units within the comments.
action of the reason(s) a citation was not USPTO so that it will eventually be * Mail: Department of Defense, Office
considered. Applicant may then file an applicable in all applications regardless of the Chief Management Officer,
IDS to correct the deficiency in the of classification. Directorate of Oversight and
imported citations. Note that the date The timetable for expansion and the Compliance, 4800 Mark Center Drive,
the IDS is filed to correct the deficiency chosen sources of expansion will be Mailbox #24, Suite 08D09, Alexandria,
daltland on DSKBBV9HB2PROD with NOTICES
in the continuing application is the date determined based upon the feedback VA 22350–1700.
for determining compliance with the obtained in the first phase. Applicants Instructions: All submissions received
timing requirements of 37 CFR 1.97. See are encouraged to provide their must include the agency name and
MPEP § 609.05(a). feedback on the RPA Initiative to help docket number for this Federal Register
The examiner’s signature on the the USPTO determine how best to document. The general policy for
Notice of Consideration will indicate expand the RPA Initiative in the next comments and other submissions from
that the documents corresponding to all phase and in any future phases. members of the public is to make these
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Document Created: 2018-10-25 01:44:39
Document Modified: 2018-10-25 01:44:39
| 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 | |
| Action | Notice. | |
| Dates | Applicable Date: November 1, 2018. | |
| Contact | For questions or comments regarding the RPA Initiative in general, please contact Michael Neas, Deputy Director, International Patent Legal Administration, by telephone at 571-272-3289, or by email to [email protected] or Matthew Sked, Senior Legal Advisor, Office of Patent Legal Administration, by telephone at 571-272-7627, or by email to [email protected] Questions regarding a specific application should be directed to the Technology Center examining the application. | |
| FR Citation | 83 FR 53853 |
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