Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations 45429 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

37 CFR Part 1 

[Docket No.: PTO–P–2015–0034] 

July 2015 Update on Subject Matter 

Eligibility 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Update; Request for comments. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) prepared 

interim guidance (2014 Interim Patent 

Eligibility Guidance) for use by USPTO 

personnel in determining subject matter 

eligibility in view of then-recent 

decisions by the U.S. Supreme Court 

(Supreme Court). The USPTO published 

the 2014 Interim Patent Eligibility 

Guidance in the Federal Register, and 

sought public comment on the 2014 

Interim Patent Eligibility Guidance. The 

USPTO has since produced an update 

pertaining to patent subject matter 

eligibility titled July 2015 Update: 

Subject Matter Eligibility, which is 

available to the public on the USPTO’s 

Internet Web site, in response to the 

public comment on the 2014 Interim 

Patent Eligibility Guidance. The July 

2015 Update: Subject Matter Eligibility 

includes a new set of examples and 

discussion of various issues raised by 

the public comments, and is intended to 

assist examiners in applying the 2014 

Interim Patent Eligibility Guidance 

during the patent examination process. 

The USPTO is now seeking public 

comment on the July 2015 Update: 

Subject Matter Eligibility. 

COMMENT DEADLINE DATE: To be ensured 

of consideration, written comments on 

July 2015 Update: Subject Matter 

Eligibility must be received on or before 

October 28, 2015. 

ADDRESSES: Comments on the July 2015 

Update: Subject Matter Eligibility must 

be sent by electronic mail message over 

the Internet addressed to: 2014_interim_

guidance@uspto.gov. Electronic 

comments submitted in plain text are 

preferred, but also may be submitted in 

ADOBE® portable document format or 

MICROSOFT WORD® format. The 

comments will be available for viewing 

via the Office’s Internet Web site (http:// 

www.uspto.gov). Because comments will 

be made available for public inspection, 

information that the submitter does not 

desire to make public, such as an 

address or phone number, should not be 

included in the comments. 

FOR FURTHER INFORMATION CONTACT: Raul 

Tamayo, Senior Legal Advisor, Office of 

Patent Legal Administration, by 

telephone at 571–272–7728, or Michael 

Cygan, Senior Legal Advisor, Office of 

Patent Legal Administration, by 

telephone at 571–272–7700. 

SUPPLEMENTARY INFORMATION: The 2014 

Interim Patent Eligibility Guidance, 

prepared for use by USPTO personnel in 

determining subject matter eligibility 

under 35 U.S.C. 101, was published in 

the Federal Register on December 16, 

2014. See 2014 Interim Guidance on 

Patent Subject Matter Eligibility, 79 FR 

74618 (Dec. 16, 2014). The USPTO also 

sought public comment on the 2014 

Interim Patent Eligibility Guidance, 

along with additional suggestions on 

claim examples for explanatory example 

sets. 

The USPTO received over sixty 

comments from the public. The public 

comments include the following six 

major themes: (1) requests for additional 

examples, particularly for claims 

directed to abstract ideas and laws of 

nature; (2) further explanation of the 

markedly different characteristics 

analysis; (3) further information 

regarding how examiners identify 

abstract ideas; (4) discussion of the 

prima facie case and the role of 

evidence with respect to eligibility 

rejections; (5) information regarding 

application of the 2014 Interim Patent 

Eligibility Guidance in the Patent 

Examining Corps; and (6) explanation of 

the role of preemption in the eligibility 

analysis, including a discussion of the 

streamlined analysis. 

The USPTO has produced a July 2015 

Update: Subject Matter Eligibility 

responding to each of the six major 

themes from the public comments. The 

July 2015 Update: Subject Matter 

Eligibility includes three appendices. 

The first appendix (Appendix 1) 

provides new examples that are 

illustrative of major themes from the 

comments. The second appendix 

(Appendix 2) is a comprehensive index 

of examples for use with the 2014 

Interim Patent Eligibility Guidance, 

including new and previously issued 

examples. The third appendix 

(Appendix 3) lists and discusses 

selected eligibility cases from the 

Supreme Court and the U.S. Court of 

Appeals for the Federal Circuit. The July 

2015 Update: Subject Matter Eligibility 

is intended to assist examiners in 

applying the 2014 Interim Patent 

Eligibility Guidance during the patent 

examination process. 

The July 2015 Update: Subject Matter 

Eligibility, including the appendices, 

are available to the public on the 

USPTO’s Internet Web site. The USPTO 

is now seeking public comment on the 

July 2015 Update: Subject Matter 

Eligibility. 

Dated: July 15, 2015. 

Michelle K. Lee, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2015–18628 Filed 7–29–15; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0330; FRL–9931–46- 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Interstate Transport of Fine Particulate 

Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting air emissions that will have 

certain adverse air quality effects in 

other states. On May 11, 2015, the State 

of Washington submitted a SIP revision 

to the Environmental Protection Agency 

(EPA) to address certain interstate 

transport requirements with respect to 

the 2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). The EPA has 

determined that Washington adequately 

addressed these CAA interstate 

transport requirements for the 2006 24- 

hour PM2.5 NAAQS. 

DATES: This final rule is effective August 

31, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0330. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information the disclosure 

of which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

hard copy form. Publicly available 

docket materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA, 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR


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45430 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations 

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact Jeff Hunt at 

(206) 553–0256, hunt.jeff@epa.gov, or by 

using the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

On June 10, 2015, the EPA proposed 

to find that Washington adequately 

addressed the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2006 24-hour 

PM2.5 NAAQS (80 FR 32870). An 

explanation of the CAA requirements, a 

detailed analysis of the submittal, and 

the EPA’s reasons for approval were 

provided in the notice of proposed 

rulemaking, and will not be restated 

here. The public comment period for 

this proposed rule ended on July 10, 

2015. The EPA received no comments 

on the proposal. 

II. Final Action 

The EPA has determined that the 

Washington SIP meets the CAA section 

110(a)(2)(D)(i)(I) interstate transport 

requirements for the 2006 24-hour PM2.5

NAAQS. 

III. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land in 

Washington except as specifically noted 

below and is also not approved to apply 

in any other area where the EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). Washington’s SIP is 

approved to apply on non-trust land 

within the exterior boundaries of the 

Puyallup Indian Reservation, also 

known as the 1873 Survey Area. Under 

the Puyallup Tribe of Indians 

Settlement Act of 1989, 25 U.S.C. 1773, 

Congress explicitly provided state and 

local agencies in Washington authority 

over activities on non-trust lands within 

the 1873 Survey Area. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 28, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 15, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart WW—Washington 

■ 2. In § 52.2470, table 2 in paragraph 

(e) is amended by adding the entry 

‘‘Interstate Transport for the 2006 24- 

hour PM2.5 NAAQS’’ to the end of the 

table to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e)* * * 


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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations 45431 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Comments 

*******

110(a)(2) Infrastructure and Interstate Transport 

* * * * * * * 

Interstate Transport 

for the 2006 24- 

hour PM2.5

NAAQS.

Statewide ........................... 5/11/15 7/30/15 ..............................................

[Insert Federal Register citation] .....

This action addresses CAA 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–18611 Filed 7–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0323; FRL–9931–16– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Oregon: Grants 

Pass Second 10-Year PM10 Limited 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a limited 

maintenance plan submitted by the 

State of Oregon on April 22, 2015, for 

the Grants Pass area for particulate 

matter with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10). The plan explains 

how this area will continue to meet the 

PM10 National Ambient Air Quality 

Standard for a second 10-year period 

through 2025. 

DATES: This rule is effective on 

September 28, 2015, without further 

notice, unless the EPA receives adverse 

comment by August 31, 2015. If the EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2015–0323, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: edmondson.lucy@epa.gov. 

• Mail: Lucy Edmondson, EPA 

Region 10, Office of Air, Waste and 

Toxics, AWT–150, 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Lucy 

Edmondson, Office of Air, Waste and 

Toxics, AWT–150. Such deliveries are 

only accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2015– 

0323. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, the EPA recommends that 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Lucy Edmondson (360) 753–9082, 

edmondson.lucy@epa.gov, or by using 

the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is 

intended to refer to the EPA. 

Table of Contents 

I. This Action 

II. Background 

III. Public and Stakeholder Involvement in 

Rulemaking Process 

IV. The Limited Maintenance Plan Option for 

PM10 Areas 

A. Requirements for the Limited 

Maintenance Plan Option 

B. Conformity Under the Limited 

Maintenance Plan Option 

V. Review of the State’s Submittal 

A. Has the State demonstrated that Grants 

Pass qualifies for the limited 

maintenance plan option? 

B. Does the State have an approved 

attainment emissions inventory? 

C. Does the limited Maintenance plan 

include an assurance of continued 

operation of an appropriate EPAapproved air quality monitoring 

network, in accordance with 40 CFR part 

58? 

D. Does the plan meet the Clean Air Act 

requirements for contingency 

provisions? 

E. Has the State met conformity 

requirements? 

VI. Oregon Notice Provision 

VII. Statutory and Executive Order Reviews 

I. This Action 

The EPA is approving the limited 

maintenance plan submitted by the 

State of Oregon (the State) on April 22, 

2015, for the Grants Pass Urban Growth 


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