45104 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 

Dated: August 28, 2018. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix I 

Scope of the Investigation 

The scope of this investigation is certain 

on-the-road steel wheels, discs, and rims for 

tubeless tires with a nominal wheel diameter 

of 12 inches to 16.5 inches, regardless of 

width. Certain on-the-road steel wheels with 

a nominal wheel diameter of 12 inches to 

16.5 inches within the scope are generally for 

road and highway trailers and other towable 

equipment, including, inter alia, utility 

trailers, cargo trailers, horse trailers, boat 

trailers, recreational trailers, and towable 

mobile homes. The standard widths of 

certain on-the-road steel wheels are 4 inches, 

4.5 inches, 5 inches, 5.5 inches, 6 inches, and 

6.5 inches, but all certain on-the-road steel 

wheels, regardless of width, are covered by 

the scope. 

The scope includes rims and discs for 

certain on-the-road steel wheels, whether 

imported as an assembly, unassembled, or 

separately. The scope includes certain onthe-road steel wheels regardless of steel 

composition, whether cladded or not 

cladded, whether finished or not finished, 

and whether coated or uncoated. The scope 

also includes certain on-the-road steel wheels 

with discs in either a ‘‘hub-piloted’’ or ‘‘studpiloted’’ mounting configuration, though the 

stud-piloted configuration is most common 

in the size range covered. 

All on-the-road wheels sold in the United 

States must meet Standard 110 or 120 of the 

National Highway Traffic Safety 

Administration’s (NHTSA) Federal Motor 

Vehicle Safety Standards, which requires a 

rim marking, such as the ‘‘DOT’’ symbol, 

indicating compliance with applicable motor 

vehicle standards. See 49 CFR 571.110 and 

571.120. The scope includes certain on-theroad steel wheels imported with or without 

NHTSA’s required markings. 

Certain on-the-road steel wheels imported 

as an assembly with a tire mounted on the 

wheel and/or with a valve stem or rims 

imported as an assembly with a tire mounted 

on the rim and/or with a valve stem are 

included in the scope of this investigation. 

However, if the steel wheels or rims are 

imported as an assembly with a tire mounted 

on the wheel or rim and/or with a valve stem 

attached, the tire and/or valve stem is not 

covered by the scope. 

Excluded from this scope are the following: 

(1) Steel wheels for use with tube-type 

tires; such tires use multi piece rims, which 

are two-piece and three-piece assemblies and 

require the use of an inner tube; 

(2) aluminum wheels; 

(3) certain on-the-road steel wheels that are 

coated entirely with chrome; and 

(4) steel wheels that do not meet Standard 

110 or 120 of the NHTSA’s requirements 

other than the rim marking requirements 

found in 49 CFR 571.110S4.4.2 and 

571.120S5.2. 

Certain on-the-road steel wheels subject to 

this investigation are properly classifiable 

under the following category of the 

Harmonized Tariff Schedule of the United 

States (HTSUS): 8716.90.5035 which covers 

the exact product covered by the scope 

whether entered as an assembled wheel or in 

components. Certain on-the-road steel wheels 

entered with a tire mounted on them may be 

entered under HTSUS 8716.90.5059 (Trailers 

and semi-trailers; other vehicles, not 

mechanically propelled, parts, wheels, other, 

wheels with other tires) (a category that will 

be broader than what is covered by the 

scope). While the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

subject merchandise is dispositive. 

[FR Doc. 2018–19205 Filed 9–4–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before September 

25, 2018. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5:00 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 17–019. Applicant: 

University of California, Berkeley, 100 

Hearst Memorial Mining Building, 

Berkeley, CA 94720. Instrument: High 

Field Cryogen-Free Measurement 

System (CFMS) for Precision 

Measurement of Physical Properties. 

Manufacturer: Cryogenic US, LLC, 

United Kingdom. Intended Use: The 

instrument will be used to study thin 

films of metal-oxides for advanced 

oxide-based electronic devices, 

magnetic and electrical properties of 

oxide materials and devices at low 

temperatures and/or high magnetic 

fields. Angle dependent magnetoelectric 

properties of the devices will be 

explored on multiple axes. The 

investigations done with this instrument 

will lead to advancement of 

understanding of the properties of 

metal-oxide thin films and their 

interfaces for new generation of oxidebased microelectronic devices. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: October 5, 

2017. 

Dated: August 28, 2018. 

Gregory W. Campbell, 

Director, Subsidies Enforcement, Enforcement 

and Compliance. 

[FR Doc. 2018–19208 Filed 9–4–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Patent Review and Derivation 

Proceedings 

ACTION: Proposed 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: 0651–0069 (Patent Review 

and Derivation Proceedings). 

DATES: Written comments must be 

submitted on or before November 5, 

2018. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0069 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Michael P. Tierney, 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 P. 

Tierney, Vice Chief Administrative 

Patent Judge, Patent Trial and Appeal 

Board, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450; by 

telephone at 571–272–4676; or by email 

to Michael.Tierney@uspto.gov with 

‘‘0651–0069 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 

The Leahy-Smith America Invents 

Act, which was enacted into law on 


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Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45105 

September 16, 2011, provided for many 

changes to the procedures of the Patent 

Trial and Appeal Board (‘‘PTAB’’ or 

‘‘Board’’, formerly the Board of Patent 

Appeals and Interferences) procedures. 

These changes included the 

introduction of inter partes review, 

post-grant review, derivation 

proceedings, and the transitional 

program for covered business method 

patents. Under these administrative trial 

proceedings, third parties may file a 

petition with the PTAB challenging the 

validity of issued patents, with each 

proceeding having different 

requirements regarding timing 

restrictions, grounds for challenging 

validity, and who may request review. 

Inter partes review is a trial 

proceeding conducted at the Board to 

review the patentability of one or more 

claims in a patent only on a ground that 

could be raised under §§ 102 or 103, and 

only on the basis of prior art consisting 

of patents or printed publications. Post 

grant review is a trial proceeding 

conducted at the Board to review the 

patentability of one or more claims in a 

patent on any ground that could be 

raised under § 282(b)(2) or (3). A 

derivation proceeding is a trial 

proceeding conducted at the Board to 

determine whether (1) an inventor 

named in an earlier application derived 

the claimed invention from an inventor 

named in the petitioner’s application, 

and (2) the earlier application claiming 

such invention was filed without 

authorization. The transitional program 

for covered business method patents is 

a trial proceeding conducted at the 

Board to review the patentability of one 

or more claims in a covered business 

method patent. 

This collection covers information 

submitted by the public to petition the 

Board to initiate an inter partes review, 

post-grant review, derivation 

proceeding, and the transitional 

program for covered business method 

patents, as well as any responses to such 

petitions, and the filing of any motions, 

replies, oppositions, and other actions, 

after a review/proceeding has been 

instituted. 

II. Method of Collection 

Electronically, if applicants submit 

the information using the PTAB End-toEnd (PTAB E2E). Applicants may 

submit information via email if PTAB 

E2E is unavailable. 

III. Data 

OMB Number: 0651–0069. 

IC Instruments and Forms: N/A. 

Type of Review: Extension of an 

existing information collection. 

Affected Public: Business or other forprofit organizations; individuals or 

households; not-for-profit institutions; 

Federal Government; and state, local, or 

tribal governments. 

Estimated Number of Respondents: 

11,994 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public between an estimated 6 minutes 

(0.10 hours) to 165.30 hours to complete 

an individual form in this collection. 

Estimated Total Annual Respondent 

Burden Hours: 1,474,449 hours. 

Estimated Total Annual Respondent 

(Hourly) Cost Burden: $645,808,793. 

The USPTO expects that attorneys will 

complete the instruments associated 

with this information collection. The 

professional hourly rate for intellectual 

property attorneys in privates firms is 

$438 as established by estimates in the 

2017 Report of the Economic Survey, 

published by the Committee on 

Economics of Legal Practice of the 

American Intellectual Property Law 

Association. Using this hourly rate, the 

USPTO estimates that the total 

respondent cost burden for this 

collection is $645,808,793 per year. 

IC No. Item 

Estimated 

response time 

(hours) 

Estimated 

responses 

Estimated 

burden hours Rate Estimated cost burden 

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

1 ..................... Petition for Inter Partes Review .......... 124 1,553 192,572.00 $438.00 $84,346,536.00 

2 ..................... Petition for Post-Grant Review or Covered Business Method Patent Review.165.30 91 15,042.30 438.00 6,588,527.40 

3 ..................... Petition for Derivation .......................... 165.30 11 1,818.30 438.00 796,415.40 

4 ..................... Patent Owner Preliminary Response 

to Petition for Initial Inter Partes Review.

91.60 1,333 122,102.80 438.00 53,481,026.40 

5 ..................... Patent Owner Preliminary Response 

to Petition for Initial Post-Grant Review or Covered Business Method 

Patent Review.

91.60 68 6,228.80 438.00 2,728,214.40 

6 ..................... Request for Rehearing ........................ 80 322 25,760.00 438.00 11,282,880.00 

7 ..................... Motions, Replies, and Oppositions 

After Institution in Inter Partes Review.

158 6,482 1,024,156.00 438.00 448,580,328.00 

8 ..................... Motions, Replies, and Oppositions 

After Institution in Post-Grant Review or Covered Business Method 

Review.

148 245 36,260.00 438.00 15,881,880.00 

9 ..................... Motions, Replies, and Oppositions 

After Institution in Derivation Proceedings.

120 7 840.00 438.00 367,920.00 

10 ................... Request for Oral Hearing .................... 18.30 727 13,304.10 438.00 5,827,195.80 

11 ................... Request to Treat a Settlement as 

Business Confidential.

2 356 712.00 438.00 311,856.00 

12 ................... Settlement ........................................... 100 356 35,600.00 438.00 15,592,800.00 

13 ................... Arbitration Agreement and Award ....... 4 2 8.00 438.00 3,504.00 

14 ................... Request to Make a Settlement Agreement Available.1 1 1.00 438.00 438.00 


daltland on DSKBBV9HB2PROD with NOTICES
45106 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 

IC No. Item 

Estimated 

response time 

(hours) 

Estimated 

responses 

Estimated 

burden hours Rate Estimated cost burden 

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

15 ................... Notice of Judicial Review of a Board 

Decision (e.g., Notice of Appeal 

Under 35 U.S.C. 142).

0.10 440 44.00 438.00 19,272.00 

Total ........ .............................................................. ........................ 11,994 1,474,449.30 ........................ 645,808,793.40 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: $54,307,175. 

There are no capital start-up, 

maintenance, or postage associated with 

this information collection. However, 

this collection does have annual (nonhour) costs in the form of filing fees. 

Filing Fees 

The filing fees associated with this 

information collection are listed in the 

table below: 

IC No. Item Responses Filing fees Total cost 

(a) (b) (a) × (b) = (c) 

1 ..................... Inter Partes Review Request Fee ................................................................. 1,560 $15,500.00 $24,180,000.00 

1 ..................... Inter Partes Post-Institution Fee ................................................................... 1,569 15,000.00 23,535,000.00 

1 ..................... Inter Partes Review Request of Each Claim in Excess of 20 ...................... 3,390 300.00 1,017,000.00 

1 ..................... Inter Partes Post-Institution Request of Each Claim in Excess of 15 .......... 1,786 600.00 1,071,600.00 

2 ..................... Post-Grant or Covered Business Method Review Request Fee—Up to 20 

Claims.

92 16,000.00 1,472,000.00 

2 ..................... Post-Grant or Covered Business Method Review Post-Institution Fee—Up 

to 15 Claims.

92 22,000.00 2,024,000.00 

2 ..................... Post-Grant or Covered Business Method Review Request of Each Claim 

in Excess of 20.

638 375.00 239,250.00 

2 ..................... Post-Grant or Covered Business Method Review Post-Institution Fee of 

Each Claim in Excess of 15.

925 825.00 763,125.00 

3 ..................... Petition for Derivation .................................................................................... 12 400.00 4,800.00 

14 ................... Request to Make a Settlement Agreement Available ................................... 1 400.00 400.00 

Total ........ ........................................................................................................................ ........................ ........................ 54,307,175.00 

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. 2018–19202 Filed 9–4–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Matters Related to First Inventor To 

File 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act, invites 

comments on a proposed extension of 

an existing information collection: 

0651–0069 (Matters Relating to First 

Inventor to File). 

DATES: Written comments must be 

submitted on or before November 5, 

2018. 

ADDRESSES: Written comments may be 

submitted by any of the following 

methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0071 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• 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. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Raul Tamayo, 

Senior Legal Advisor, Office of Patent 

Legal Administration, United States 

Patent and Trademark Office, P.O. Box 

1450, Alexandria, VA 22313–1450; by 

telephone at 571–272–7728; or by email 

to Raul.Tamayo@uspto.gov with ‘‘0651– 

0071 comment’’ in the subject line. 

Additional information about this 

collection is also available at http://

www.reginfo.gov under ‘‘Information 

Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 


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