Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 40015 

function and entering either the title of 

the collection or the OMB Control 

Number 0648–0456. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2021–15781 Filed 7–23–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Patent Reexaminations, 

Supplemental Examinations, and Post 

Patent Submissions 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act of 

1995, invites comments on the 

extension and revision of an existing 

information collection: 0651–0064 

(Patent Reexaminations, Supplemental 

Examinations, and Post Patent 

Submissions). The purpose of this 

notice is to allow 60 days for public 

comment preceding submission of the 

information collection to OMB. 

DATES: To ensure consideration, 

comments regarding this information 

collection must be received on or before 

September 24, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

any of the following methods. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0064 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Kimberly Hardy, Office of the 

Chief Administrative 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 Parikha Mehta, 

Legal Advisor, Office of Patent Legal 

Administration, United States Patent 

and Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450; by 

telephone at 571–272–3248; or by email 

to Parikha.Mehta@uspto.gov with 

‘‘0651–0064 comment’’ in the subject 

line. Additional information about this 

information collection is also available 

at http://www.reginfo.gov under 

‘‘Information Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The USPTO is required by 35 U.S.C. 

131 and 151 to examine applications 

and, when appropriate, allow 

applications and issue them as patents. 

Chapter 30 of Title 35 U.S.C. provides 

that any person at any time may file a 

request for reexamination by the USPTO 

of any claim of a patent on the basis of 

prior art cited under the provisions of 

35 U.S.C. 301. Once initiated, the 

reexamination proceedings under 

Chapter 30 are substantially ex parte 

and do not permit input from third 

parties. The regulations outlining ex 

parte reexaminations are found at 37 

CFR 1.510–1.570. 

In addition, 35 U.S.C. 257 permits a 

patent owner to request supplemental 

examination of a patent by the USPTO 

to consider, reconsider, or correct 

information believed to be relevant to 

the patent. The regulations outlining 

supplemental examination are found at 

37 CFR 1.601–1.625. 

The Leahy-Smith America Invents Act 

terminated inter partes reexamination 

effective September 16, 2012. However, 

inter partes reexamination proceedings 

based on inter partes reexamination 

requests filed before September 16, 

2012, continue to be prosecuted. 

Therefore, this information collection 

continues to include items related to the 

prosecution of inter partes 

reexamination proceedings. The 

regulations outlining inter partes 

reexamination are found at 37 CFR 

1.903–1.959. 

The provisions of 35 U.S.C. 301 and 

37 CFR 1.501 govern the ability of a 

person to submit into the file of an 

issued patent (1) prior art consisting of 

patents or printed publications which 

the person making the submission 

believes to have a bearing on the 

patentability of any claim of the issued 

patent and (2) statements of the owner 

of the issued patent filed in a 

proceeding before a Federal court or the 

USPTO in which the owner of the 

issued patent took a position on the 

scope of any claim of the issued patent. 

This information collection covers 

information contained in: (1) Requests 

for ex parte reexamination, (2) requests 

for supplemental examination, (3) 

submissions made by patent owners and 

third-party requesters related to the 

prosecution of an ex parte or inter 

partes reexamination proceeding, (4) 

information submitted by the public to 

aid in ascertaining the patentability 

and/or scope of the claims of the issued 

patent, and (5) information submitted by 

patent owners regarding a position 

taken before the USPTO or a Federal 

court regarding the scope of any claim 

in their issued patent. The USPTO’s use 

of the statements of the patent owners 

((5) above) will be limited to 

determining the meaning of a patent 

claim in ex parte reexamination 

proceedings that already have been 

ordered and in inter partes review and 

post grant review proceedings that 

already have been instituted. 

The purpose of this information 

collection is to facilitate requests for ex 

parte reexamination and supplemental 

examination, to facilitate prosecution of 

reexamination and reissue proceedings, 

and to ensure that the associated 

documentation is submitted to the 

USPTO, and to permit relevant postpatent prior art and claim scope 

information to be entered into a patent 

file. 

This renewal request incorporates an 

item that was previously approved 

under OMB control number 0651–0067 

(Post Patent Public Submissions), 

specifically ‘information disclosure 

citations’. The title of this information 

collection is being updated to reflect 

that change with the inclusion of ‘‘Post 

Patent Submissions’’. As the 

information disclosure citation was the 

only item contained in 0651–0067, that 

information collection will be 

discontinued. 

II. Method of Collection 

The items in this information 

collection may be submitted online 

using the Patent Electronic Systems 

(EFS-Web or Patent Center), or on paper 

by either mail or hand delivery. 

III. Data 

OMB Control Number: 0651–0064. 

Form Numbers: (SB = Specimen 

Book). 

• PTO/SB/42 (Information Disclosure 

Citation in a Patent). 

• PTO/SB/57 (Request for Ex Parte 

Reexamination Transmittal Form). 

• PTO/SB/59 (Request for 

Supplemental Examination Transmittal 

Form). 

Type of Review: Extension and 

revision of a currently approved 

information collection. 

Affected Public: Private sector; 

individuals or households. 

Estimated Number of Respondents: 

864 respondents per year. 

Estimated Number of Responses: 880 

responses per year. 

Estimated Time per Response: The 

USPTO estimates that it takes the public 

approximately between 30 minutes (0.5 


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40016 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 

hours) to 55 hours, depending on the 

complexity of the situation and item, to 

gather the necessary information, 

prepare the appropriate document(s), 

and submit the information to the 

USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 23,574 hours. 

Estimated Total Annual Respondent 

(Hourly) Cost Burden: $9,429,600. 

TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS

Item No. Item 

Estimated 

annual 

respondents 

Estimated 

annual 

responses 

(year) 

Estimated 

time for 

response 

(hour) 

Estimated 

annual 

burden 

(hour/year) 

Rate 1

($/hour) 

Estimated 

annual 

respondent 

cost burden 

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

1 ......................... Request for Supplemental Examination— 

PTO/SB/59.

31 31 25 775 400 $310,000 

2 ......................... Request for Ex Parte Reexamination— 

PTO/SB/57.

177 177 55 9,735 400 3,894,000 

3 ......................... Petition in a Reexamination Proceeding 

(except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)).

68 68 23 1,564 400 625,600 

4 ......................... Patent Owner’s 37 CFR 1.530 Statement 53 53 8 424 400 169,600 

5 ......................... Third Party Requester’s 37 CFR 1.535 

Reply.

9 9 8 72 400 28,800 

6 ......................... Amendment in Ex Parte or Inter Partes 

Reexamination.

230 230 33 7,590 400 3,036,000 

7 ......................... Third Party Requester’s 37 CFR 1.947 

Comments in Inter Partes Reexamination.

1 1 41 41 400 16,400 

8 ......................... Response to Final Rejection in Ex Parte 

Reexamination.

118 118 17 2,006 400 802,400 

9 ......................... Patent Owner’s 37 CFR 1.951 Response 

in Inter Partes Reexamination.

2 2 41 82 400 32,800 

10 ....................... Third Party Requester’s 37 CFR 1.951 

Comments in Inter Partes Reexamination.

2 2 41 82 400 32,800 

11 ....................... Petition to Request Extension of Time in 

Ex Parte or Inter Partes Reexamination.

116 116 0.5 58 400 23,200 

12 ....................... Information Disclosure Citation in a Patent—PTO/SB/42.32 48 10 480 400 192,000 

Total ........... .................................................................... 839 855 ........................ 22,909 ........................ 9,163,600 

1 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); 

https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. 

The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association 

of Legal Assistants (NALA). 

TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS

Item No. Item 

Estimated 

annual 

respondents 

Estimated 

annual 

responses 

(year) 

Estimated 

time for 

response 

(hour) 

Estimated 

annual 

burden 

(hour/year) 

Rate 2

($/hour) 

Estimated 

annual 

respondent 

cost burden 

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

1 ......................... Request for Supplemental Examination— 

PTO/SB/59.

1 1 25 25 400 $10,000 

2 ......................... Request for Ex Parte Reexamination— 

PTO/SB/57.

5 5 55 275 400 110,000 

3 ......................... Petition in a Reexamination Proceeding 

(except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)).

2 2 23 46 400 18,400 

4 ......................... Patent Owner’s 37 CFR 1.530 Statement 1 1 8 8 400 3,200 

6 ......................... Amendment in Ex Parte or Inter Partes 

Reexamination.

7 7 33 231 400 92,400 

8 ......................... Response to Final Rejection in Ex Parte 

Reexamination.

4 4 17 68 400 27,200 

11 ....................... Petition to Request Extension of Time in 

Ex Parte or Inter Partes Reexamination.

4 4 0.5 2 400 800 

12 ....................... Information Disclosure Citation in a Patent—PTO/SB/42.1 1 10 10 400 4,000 

Total ........... .................................................................... 25 25 ........................ 665 ........................ 266,000 

2 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); 

https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. 

The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association 

of Legal Assistants (NALA). 

Estimated Total Annual Respondent 

(Non-hourly) Cost Burden: $2,439,335. 

There are no capital start-up, 

recordkeeping, or maintenance costs 

associated with this information 

collection. However, this information 

collection does have annual (non-hour) 

costs in the form of postage costs and 

filing fees. Therefore, the USPTO 


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estimates that the total annual (nonhour) cost burden for this information 

collection, in the form of filing fees 

($2,439,195) and postage costs ($140) is 

approximately $2,439,335. 

Filing Fees 

There are nine filing fees associated 

with this information collection, which 

are broken down by undiscounted 

entity, small entity, and micro entity. 

These fees are listed in the table below. 

TABLE 3—FILING FEES (NON-HOUR) COST BURDEN

Item No. Item 

Estimated 

annual 

responses 

Filing fee 

($) 

Total 

non-hour 

cost burden 

(yr) 

(a) (b) (a) × (b) = (c) 

1 ...................... Supplemental Examination Request (undiscounted entity) ............................ 22 4,620 $101,640 

1 ...................... Supplemental Examination Request (small entity) ......................................... 14 2,310 32,340 

1 ...................... Supplemental Examination Request (micro entity) ........................................ 1 1,155 1,155 

1 ...................... Supplemental Examination Reexamination (undiscounted entity) ................. 28 12,700 355,600 

1 ...................... Supplemental Examination Reexamination (small entity) .............................. 15 6,350 95,250 

1 ...................... Supplemental Examination Reexamination (micro entity) .............................. 1 3,175 3,175 

1 ...................... Supplemental Examination document size fees, 21–50 documents 

(undiscounted entity).

3 180 540 

1 ...................... Supplemental Examination document size fees, 21–50 documents (small 

entity).

3 90 270 

1 ...................... Supplemental Examination document size fees, 21–50 documents (micro 

entity).

1 45 45 

1 ...................... Supplemental examination document size fees, each additional 50 documents (undiscounted entity).3 300 900 

1 ...................... Supplemental examination document size fees, each additional 50 documents (small entity).1 150 150 

1 ...................... Supplemental examination document size fees, each additional 50 documents (micro entity).1 75 75 

2 ...................... Reexamination independent claims in excess of three and also in excess 

of the number of such claims in the patent under reexamination 

(undiscounted entity).

23 480 11,040 

2 ...................... Reexamination independent claims in excess of three and also in excess 

of the number of such claims in the patent under reexamination (small 

entity).

12 240 2,880 

2 ...................... Reexamination independent claims in excess of three and also in excess 

of the number of such claims in the patent under reexamination (micro 

entity).

1 120 120 

2 ...................... Reexamination claims in excess of 20 and also in excess of the number of 

claims in the patent under reexamination (undiscounted entity).

38 100 3,800 

2 ...................... Reexamination claims in excess of 20 and also in excess of the number of 

claims in the patent under reexamination (small entity).

17 50 850 

2 ...................... Reexamination claims in excess of 20 and also in excess of the number of 

claims in the patent under reexamination (micro entity).

1 25 25 

2 ...................... Ex Parte Reexamination (§ 1.510(a)) Streamlined (undiscounted entity) ...... 22 6,300 138,600 

2 ...................... Ex Parte Reexamination (§ 1.510(a)) Streamlined (small entity) ................... 40 3,150 126,000 

2 ...................... Ex Parte Reexamination (§ 1.510(a)) Streamlined (micro entity) ................... 2 1,575 3,150 

2 ...................... Ex Parte Reexamination (§ 1.510(a)) Non-Streamlined (undiscounted entity).86 12,600 1,083,600 

2 ...................... Ex Parte Reexamination (§ 1.510(a)) Non-Streamlined (small entity) ........... 56 6,300 352,800 

2 ...................... Ex Parte Reexamination (§ 1.510(a)) Non-Streamlined (micro entity) ........... 14 3,150 44,100 

3 ...................... Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d) (undiscounted entity).34 2,040 69,360 

3 ...................... Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d) (small entity).11 1,020 11,220 

3 ...................... Petitions in a reexamination proceeding, except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d) (micro entity).1 510 510 

Total ............ ......................................................................................................................... ........................ ........................ 2,439,195 

Postage Costs 

The USPTO expects that at most 2% 

of the responses in this information 

collection will be submitted by mail. 

The USPTO estimates that the average 

postage cost for a mailed submission, 

using a Priority Mail 2-day flat rate legal 

envelope, will be $8.25. The USPTO 

estimates approximately 17 submissions 

per year may be mailed to the USPTO, 

for a total postage cost of $140 per year. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

IV. Request for Comments 

The USPTO is soliciting public 

comments to: 

(a) Evaluate 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) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 


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including the validity of the 

methodology and assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(d) Minimize the burden of the 

collection on those who are to respond, 

including through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. 

All comments submitted in response 

to this notice are a matter of public 

record. The USPTO will include or 

summarize each comment in the request 

to OMB to approve this information 

collection. Before including an address, 

phone number, email address, or other 

personal identifying information (PII) in 

a comment, be aware that the entire 

comment—including PII—may be made 

publicly available at any time. While 

you may ask in your comment to 

withhold PII from public view, the 

USPTO cannot guarantee that it will be 

able to do so. 

Kimberly Hardy, 

Information Collections Officer, Office of the 

Chief Administrative Officer, United States 

Patent and Trademark Office. 

[FR Doc. 2021–15875 Filed 7–23–21; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2021–0020] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Hazard Warning 

Communication Survey 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC) is announcing an 

opportunity for public comment on a 

new proposed collection of information 

by the agency. Under the Paperwork 

Reduction Act of 1995 (PRA), federal 

agencies are required to publish notice 

in the Federal Register for each 

proposed collection of information, and 

to allow 60 days for public comment in 

response to the notice. This notice 

solicits comments on a proposed survey 

to assess how hazard warnings are 

communicated to consumers. The 

Commission will consider all comments 

received in response to this notice 

before submitting this collection of 

information to the Office of 

Management and Budget (OMB) for 

approval. 

DATES: Submit written or electronic 

comments on the collection of 

information by September 24, 2021. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2021– 

0020, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC does not accept comments 

submitted by electronic mail (email), 

except through https://

www.regulations.gov and as described 

below. CPSC encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal. 

Mail/hand delivery/courier Written 

Submissions: Submit comments by 

mail/hand delivery/courier to: Division 

of the Secretariat, Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814; 

telephone: (301) 504–7479. 

Alternatively, as a temporary option 

during the COVID–19 pandemic, you 

may email such submissions to: cpscos@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice. CPSC may post 

all comments received without change, 

including any personal identifiers, 

contact information, or other personal 

information provided, to: https://

www.regulations.gov. Do not submit 

electronically: Confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If you wish to submit such 

information, please submit it according 

to the instructions for mail/hand 

delivery/courier written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https:// 

www.regulations.gov, insert Docket No. 

CPSC–2021–0020 into the ‘‘Search’’ box, 

and follow the prompts. A copy of the 

proposed survey is available at: http:// 

www.regulations.gov under Docket No. 

CPSC–2021–0020, Supporting and 

Related Material. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Gillham, Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814; (301) 

504–7991, or by email to: cgillham@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501–3520), federal 

agencies must obtain approval from 

OMB for each collection of information 

they conduct or sponsor. ‘‘Collection of 

information’’ is defined in 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c) and 

includes agency proposed surveys. 

Section 3506(c)(2)(A) of the PRA (44 

U.S.C. 3506(c)(2)(A)) requires federal 

agencies to provide a 60-day notice in 

the Federal Register concerning each 

proposed collection of information 

before submitting the collection to OMB 

for approval. Accordingly, CPSC is 

publishing notice of the proposed 

collection of information set forth in 

this document. 

A. Hazard Warning Communication 

Survey 

CPSC is authorized under section 5(a) 

of the Consumer Product Safety Act 

(CPSA), 15 U.S.C. 2054(a), to conduct 

studies and investigations relating to the 

causes and prevention of deaths, 

accidents, injuries, illnesses, other 

health impairments, and economic 

losses associated with consumer 

products. Section 5(b) of the CPSA, 15 

U.S.C. 2054(b), further provides that 

CPSC may conduct research, studies, 

and investigations on the safety of 

consumer products, and develop 

product safety test methods and testing 

devices. 

CPSC proposes to conduct an online 

survey to gather data on consumer risk 

perception and response to hazard 

communications from 5,000 

respondents. The study population will 

be comprised of individuals age 18 and 

over from across the United States. In 

this proposed survey, CPSC seeks 

information about consumer product 

use, including, but not limited to, the 

following topics: 

• Consumers’ beliefs, experiences, 

and tendencies regarding product safety; 

• whether consumers pay attention to 

instructions that come with products; 

• whether consumers read safety 

information and labels; 

• to what extent consumers comply 

with safety messages; 

• how product type influences 

consumers’ attitude and behavior; 

• what information resources 

consumers rely on before buying a 

product; 

• how product safety ranks among 

other factors consumers consider; 

• reasons consumers comply or do 

not comply with the safety messages; 

and 

• how consumers respond if they 

encounter a safety recall of the product 

they own. 

CPSC has contracted with Carahsoft/ 

Qualtrics, to develop and execute this 

project for CPSC. Information obtained 

through this survey is not intended to be 

considered nationally representative. 


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