Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2257 

applications, applicant may file the 

application and the certification and 

request electronically using the USPTO 

electronic filing system, EFS-Web, and 

selecting the document description of 

‘‘Certification and Request for Missing 

Parts Pilot’’ for the certification and 

request on the EFS-Web screen. Form 

PTO/AIA/421 is available on the 

USPTO Web site at http:// 

www.uspto.gov/forms/aia0421.pdf. 

Information regarding EFS-Web is 

available on the USPTO Web site at 

http://www.uspto.gov/ebc/index.jsp. 

The utility application including the 

certification and request to participate 

in the pilot program may also be filed 

by mail (e.g., by ‘‘Express Mail’’ in 

accordance with 37 CFR 1.10) or handcarried to the USPTO. However, 

applicants are advised that, effective 

November 15, 2011, as provided in the 

Leahy-Smith America Invents Act, a 

new additional fee of $400.00 for a nonsmall entity ($200.00 for a small entity) 

is due for any nonprovisional utility 

patent application that is not filed by 

EFS-Web. See Public Law. 112–29, 

§ 10(h), 125 Stat. 283, 319 (2011). This 

non-electronic filing fee is due on filing 

of the utility application or within the 

two-month (extendable) time period to 

reply to the Notice to File Missing Parts 

of Nonprovisional Application. 

Applicants will not be given the twelvemonth time period to pay the nonelectronic filing fee. Therefore, utility 

applicants are strongly encouraged to 

file their utility applications via EFSWeb to avoid this additional fee. 

For plant patent applications, 

applicant must file the application 

including the certification and request 

to participate in the pilot program by 

mail or hand-carried to the USPTO 

since plant patent applications cannot 

be filed electronically using EFS-Web. 

See Legal Framework for Electronic 

Filing System Web (EFS-Web), 74 FR 

55200 (Oct. 27, 2009), 1348 Off. Gaz. 

Pat. Office 394 (Nov. 24, 2009). 

II. Processing of Requests: If applicant 

satisfies the requirements (discussed 

above) on filing of the nonprovisional 

application and the application is in 

condition for publication, the USPTO 

will send applicant a Notice to File 

Missing Parts of Nonprovisional 

Application that sets a twelve-month 

(non-extendable) time period to submit 

the search fee, the examination fee, any 

excess claims fees (under 37 CFR 

1.16(h)–(j)), and the surcharge under 37 

CFR 1.16(f) (for the late submission of 

the search fee and examination fee). The 

twelve-month time period will run from 

the mailing date, or notification date for 

e-Office Action participants, of the 

Notice to File Missing Parts. For 

information on the e-Office Action 

program, see Electronic Office Action, 

1343 Off. Gaz. Pat. Office 45 (June 2, 

2009), and http://www.uspto.gov/ 

patents/process/status/eOffice_Action.jsp. After an applicant 

files a timely reply to the Notice to File 

Missing Parts within the twelve-month 

time period and the nonprovisional 

application is completed, the 

nonprovisional application will be 

placed in the examination queue based 

on the actual filing date of the 

nonprovisional application. 

For a detailed discussion regarding 

treatment of applications that are not in 

condition for publication, processing of 

improper requests to participate in the 

program, and treatment of 

authorizations to charge fees, see Pilot 

Program for Extended Time Period To 

Reply to a Notice to File Missing Parts 

of Nonprovisional Application, 75 FR 

76401, 76403–04 (Dec. 8, 2010), 1362 

Off. Gaz. Pat. Office 44, 47–49 (Jan. 4, 

2011). 

III. Important Reminders: Applicants 

are reminded that the disclosure of an 

invention in a provisional application 

should be as complete as possible 

because the claimed subject matter in 

the later-filed nonprovisional 

application must have support in the 

provisional application in order for the 

applicant to obtain the benefit of the 

filing date of the provisional 

application. 

Furthermore, the nonprovisional 

application as originally filed must have 

a complete disclosure that complies 

with 35 U.S.C. 112(a) which is sufficient 

to support the claims submitted on 

filing and any claims submitted later 

during prosecution. New matter cannot 

be added to an application after the 

filing date of the application. See 35 

U.S.C. 132(a). In order to be accorded a 

filing date, a nonprovisional application 

must include a specification concluding 

with at least one claim as prescribed by 

35 U.S.C. 112 and a drawing as 

prescribed by 35 U.S.C. 113. See 35 

U.S.C. 111(a). While only one claim is 

required in a nonprovisional application 

for filing date purposes and applicant 

may file an amendment adding 

additional claims later during 

prosecution, applicant should consider 

the benefits of submitting a complete set 

of claims on filing of the nonprovisional 

application. This would reduce the 

likelihood that any claims added later 

during prosecution might be found to 

contain new matter. Also, if a patent is 

granted and the patentee is successful in 

litigation against an infringer, 

provisional rights to a reasonable 

royalty under 35 U.S.C. 154(d) may be 

available only if the claims that are 

published in the patent application 

publication are substantially identical to 

the patented claims that are infringed, 

assuming timely actual notice is 

provided. Thus, the importance of the 

claims that are included in the patent 

application publication should not be 

overlooked. 

Applicants are also advised that the 

extended missing parts period does not 

affect the twelve-month priority period 

provided by the Paris Convention for 

the Protection of Industrial Property 

(Paris Convention). Thus, any foreign 

filings must still be made within twelve 

months of the filing date of the 

provisional application if applicant 

wishes to rely on the provisional 

application in the foreign-filed 

application or if protection is desired in 

a country requiring filing within twelve 

months of the earliest application for 

which rights are left outstanding in 

order to be entitled to priority. 

For additional reminders, see Pilot 

Program for Extended Time Period To 

Reply to a Notice to File Missing Parts 

of Nonprovisional Application, 75 FR 

76401, 76405 (Dec. 8, 2010), 1362 Off. 

Gaz. Pat. Office 44, 50 (Jan. 4, 2011). 

Dated: January 3, 2013. 

Teresa Stanek Rea, 

Deputy Under Secretary of Commerce for 

Intellectual Property and Deputy Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2013–00336 Filed 1–9–13; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: Wednesday, January 16, 

2013, 10:00 a.m.–12:00 p.m. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 

STATUS: Commission Meeting—Open to 

the Public 

Matters To Be Considered 

Decisional Matters 

1. Section 1110 Certificated of 

Compliance—Notice of Proposed 

Rulemaking; 

2. Fiscal Year 2013 Operating Plan 

A live webcast of the Meeting can be 

viewed at www.cpsc.gov/webcast 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 


wreier-aviles on DSK5TPTVN1PROD with 
2258 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: January 8, 2013. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2013–00420 Filed 1–8–13; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–1] 

Notice of Telephonic Prehearing 

Conference 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: Notice of telephonic 

prehearing conference for the case: In 

the Matter of BABY MATTERS LLC, 

CPSC Docket No.13–1. 

DATES: January 28, 2013, 11:00 a.m. 

Eastern. 

ADDRESSES: Members of the public are 

welcome to attend the prehearing 

conference to be held at the U.S. 

Customs House, 40 S. Gay Street, 4th 

Floor, Room 403 (U.S. Coast Guard 

Administrative Law Judge Courtroom), 

Baltimore, Maryland 21202. 

FOR FURTHER INFORMATION CONTACT: 

Regina Maye, Paralegal Specialist, U.S. 

Coast Guard ALJ Program, (212) 825– 

1230. 

SUPPLEMENTARY INFORMATION: Any or all 

of the following shall be considered 

during the prehearing conference: 

(1) Petitions for leave to intervene; 

(2) Motions, including motions for 

consolidation of proceedings and for 

certification of class actions; 

(3) Identification, simplification and 

clarification of the issues; 

(4) Necessity or desirability of 

amending the pleadings; 

(5) Stipulations and admissions of fact 

and of the content and authenticity of 

documents; 

(6) Oppositions to notices of 

depositions; 

(7) Motions for protective orders to 

limit or modify discovery; 

(8) Issuance of subpoenas to compel 

the appearance of witnesses and the 

production of documents; 

(9) Limitation of the number of 

witnesses, particularly to avoid 

duplicate expert witnesses; 

(10) Matters of which official notice 

should be taken and matters which may 

be resolved by reliance upon the laws 

administered by the Commission or 

upon the Commission’s substantive 

standards, regulations, and consumer 

product safety rules; 

(11) Disclosure of the names of 

witnesses and of documents or other 

physical exhibits which are intended to 

be introduced into evidence; 

(12) Consideration of offers of 

settlement; 

(13) Establishment of a schedule for 

the exchange of final witness lists, 

prepared testimony and documents, and 

for the date, time and place of the 

hearing, with due regard to the 

convenience of the parties; and 

(14) Such other matters as may aid in 

the efficient presentation or disposition 

of the proceedings. 

Telephonic conferencing 

arrangements for the parties will be 

made by the court. Mary Murphy, Esq. 

and Kelly Moore, Esq., Counsel for the 

U.S. Consumer Product Safety 

Commission, and Raymond G. Mullady, 

Jr. and Adrien C. Pickard of BLANK 

ROME, LLP, Counsel for BABY 

MATTERS LLC shall be provided with 

a phone number and passcode in a 

separate notice of pre-hearing 

conference so they may participate 

telephonically if they so choose. 

Authority: Consumer Product Safety Act, 

15 U.S.C. 2064. 

Dated: January 4, 2013. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2013–00312 Filed 1–9–13; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Board of Regents of the Uniformed 

Services University of the Health 

Sciences; Quarterly Meeting Notice 

AGENCY: Uniformed Services University 

of the Health Sciences (USU), 

Department of Defense. 

ACTION: Quarterly meeting notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended) 

and the Government in the Sunshine 

Act of 1976 (5 U.S.C. 552b, as 

amended), this notice announces the 

following meeting of the Board of 

Regents of the Uniformed Services 

University of the Health Sciences. 

DATES: Tuesday, February 5, 2013, from 

8:00 a.m. to 11:30 a.m. (Open Session); 

11:30 a.m. to 12:00 p.m. (Closed 

Session). 

ADDRESSES: Everett Alvarez Jr. Board of 

Regents Room (D3001), Uniformed 

Services University of the Health 

Sciences, 4301 Jones Bridge Road, 

Bethesda, Maryland 20814. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joshua Girton, Alternate Designated 

Federal Officer, 4301 Jones Bridge Road, 

Bethesda, Maryland 20814; telephone 

301–295–3028. Mr. Girton can also 

provide base access procedures. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting: Meetings of 

the Board of Regents assure that USU 

operates in the best traditions of 

academia. An outside Board is 

necessary for institutional accreditation. 

Agenda: The actions that will take 

place include the approval of minutes 

from the Board of Regents Meeting held 

November 9, 2012; recommendations 

regarding the approval of faculty 

appointments and promotions in the 

School of Medicine and Graduate 

School of Nursing; and 

recommendations regarding the 

awarding of master’s and doctoral 

degrees in the biomedical sciences and 

public health. The Board will also 

receive reports from the President, USU 

and the Executive Director of the Center 

for Deployment Psychology. All of these 

actions are necessary for the University 

to pursue its mission, which is to 

provide outstanding health care 

practitioners and scientists to the 

uniformed services. 

Meeting Accessibility: Pursuant to 

Federal statute and regulations (5 U.S.C. 

552b, as amended, and 41 CFR 102– 

3.140 through 102–3.165) and the 

availability of space, most of the 

meeting is open to the public. Seating is 

on a first-come basis. Members of the 

public wishing to attend the meeting 

should contact Mr. Joshua Girton at the 

address and phone number previously 

noted. The closed portion of this 

meeting is authorized by 5 U.S.C. 

552b(c)(6) as the subject matter involves 

personal and private observations. 

Written Statements: Interested 

persons may submit a written statement 

for consideration by the Board of 

Regents. Individuals submitting a 

written statement must submit their 

statement to the Alternate Designated 

Federal Officer at the address listed in 

FOR FURTHER INFORMATION CONTACT. If 

such statement is not received at least 

10 calendar days prior to the meeting, 

it may not be provided to or considered 

by the Board of Regents until its next 

open meeting. The Alternate Designated 

Federal Officer will review all timely 

submissions with the Board of Regents 

Chairman and ensure such submissions 

are provided to Board of Regents 

Members before the meeting. After 

reviewing the written comments, 

submitters may be invited to orally 


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