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 November 29, 2011 US PATENT AND TRADEMARK OFFICE Print Table of Contents 1372 OG 232 

OFFICIAL GAZETTE of the UNITED STATES PATENT AND TRADEMARK OFFICE

November 29, 2011 Volume 1372 Number 5

CONTENTS

 Patent and Trademark Office NoticesPage 
Patent Cooperation Treaty (PCT) Information1372 OG 233
Notice of Maintenance Fees Payable1372 OG 236
Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee1372 OG 237
Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 10/31/20111372 OG 257
Reissue Applications Filed1372 OG 258
Requests for Ex Parte Reexamination Filed1372 OG 259
Requests for Inter Partes Reexamination Filed1372 OG 261
Notice of Expiration of Trademark Registrations Due to Failure to Renew1372 OG 262
Service by Publication1372 OG 267
Service by Publication Notice and Order Pursuant to 37 C.F.R. §11.241372 OG 268
37 CFR 1.47 Notice by Publication1372 OG 269
Registration to Practice1372 OG 270
Patent Public Advisory Committee Annual Report 20111372 OG 271
Status of Public Records Division1372 OG 272
Trademark Manual of Examining Procedure, Eighth Edition1372 OG 274
Adverse Decisions in Interference1372 OG 275
Errata1372 OG 276
Certificates of Correction1372 OG 279
Summary of Final Decisions Issued by the Trademark Trial and Appeal Board1372 OG 282

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Center
Patent Technology Centers
Subscription/Copy Information



COPIES OF PATENTS are furnished by the Patent and Trademark Office at $3.00 each; PLANT PATENTS in color, $15.00 each; copies of TRADEMARKS at $3.00 each. Address orders to the Commissioner of Patents and Trademarks, P.O. Box 1450, Alexandria, VA., 22313-1450, or click here for online ordering.


Printing by U.S.P.T.O. in electronic form is authorized by 35 U.S.C. § 10(a)3


Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 233 

Patent Cooperation Treaty (PCT) Information
                  Patent Cooperation Treaty (PCT) Information

   For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1369 O.G. 5, on August 2, 2011.

   For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.

European Patent Office as Searching and Examining Authority

   The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after March 1, 2002, in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated November 26, 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in
the Official Gazette at 1255 O.G. 878, on February 19, 2002.

   The European Patent Office may act as the International Preliminary
Examining Authority (IPEA) for an international application filed in the
United States Receiving Office or the International Bureau as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America, provided that the European
Patent Office acted as the International Searching Authority. However,
the EPO is no longer a competent IPEA, within the meaning of PCT Article
32(3), for international applications filed by U.S. residents or nationals
in the USPTO or IB as a Receiving Office where the corresponding demand is
filed with the EPO on or after March 1, 2002, and where the application
contains one or more claims directed to the field of business methods.

   The search fee of the European Patent Office was increased, effective
January 1, 2011, and was announced in the Official Gazette at 1361 O.G.
180, on December 28, 2010.

Korean Intellectual Property Office as Searching and Examining Authority

   For use of the Korean Intellectual Property Office as an International
Searching Authority and International Preliminary Examining Authority for
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on
January 17, 2006.

   The search fee of the Korean Intellectual Property Office was increased,
effective November 1, 2011, and was announced in the Official Gazette at
1372 O.G. 71, on November 8, 2011.

Australian Patent Office as Searching and Examining Authority

   The Australian Patent Office (IP Australia) may act as the International
Searching Authority (ISA) for an international application filed with the
United States Receiving Office or the International Bureau (IB) as
Receiving Office where at least one of the applicants is either a national
or resident of the United States of America. However, IP Australia is not a
competent ISA, within the meaning of PCT Artical 16(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office, and where the application contains one or more claims
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 234 

directed to the field of business methods or mechanical inventions.

   IP Australia may act as the International Preliminary Examining
Authority (IPEA) for an international application filed in the United
States Receiving Office or the International Bureau as Receiving Office
where at least one of the applicants is either a national or resident of
the United States of America, provided that IP Australia acted as the
International Searching Authority. However, IP Australia is not a competent
IPEA, within the meaning of PCT Article 32(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office where the corresponding demand is filed with IP Australia
and where the application contains one or more claims directed to the
fields of business methods or mechanical engineering or analogous fields of
technology as defined by specified areas of the International Patent
Classification System, as indicated in Annex A to the agreement between the
USPTO and IP Australia. See the notice appearing in the Official Gazette
at 1337 O.G. 261 on December 23, 2008.

   For use of IP Australia as an International Searching Authority and
International Preliminary Examining Authority for international
applications filed in the United States Receiving Office, see the notice
appearing in the Official Gazette at 1337 O.G. 265 on December 23, 2008.

   The search fee of IP Australia was increased, effective August 1, 2011,
and was announced in the Official Gazette at 1369 O.G. 184, on August 23,
2011.

Fees

   The transmittal fee and search fees for the USPTO were changed,
effective January 12, 2009, and were announced in the Federal Register on
November 12, 2008. The fee for filing a request for the restoration of the
right of priority was established, effective November 9, 2007, and was
announced in the Federal Register on September 10, 2007.

   International filing fees were increased, effective November 1, 2011,
and were announced in the Official Gazette at 1372 O.G. 71, on November 1,
2011.

   The schedule of PCT fees (in U.S. dollars), as of September 1, 2011, is
as follows:

International Application (PCT Chapter I) fees:

   Transmittal fee                                                  $240.00

   Search fee

      U.S. Patent and Trademark Office (USPTO) as
      International Searching Authority (ISA)
         - Search fee                                             $2,080.00
         - Supplemental search fee, per additional
            invention (payable only upon invitation)              $2,080.00

      European Patent Office as ISA                               $2,443.00

      Korean Intellectual Property Office as ISA
         - for international applications filed in English        $1,233.00

      IP Australia as ISA                                         $2,084.00

   International fees

      International filing fee                                    $1,758.00
      International filing fee-filed in paper
         with PCT EASY zip file or
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 235 

         electronically without PCT EASY zip file                 $1,626.00
      International filing fee-filed
         electronically with PCT EASY zip files                   $1,494.00
      Supplemental fee for each page over 30                         $20.00

   Restoration of Priority

      Filing a request for the restoration of the
      right of priority under § 1.452                             $1,410.00

   International Application (PCT Chapter II) fees associated
   with filing a Demand for Preliminary Examination:

      Handling fee                                                  $264.00
      Handling fee-90% reduction, if applicants meet criteria
      specified at:
        http://www.wipo.int/pct/en/fees/fee_reduction.pdf            $26.40
      Preliminary Examination Fee
         USPTO as International Preliminary
         Examining Authority (IPEA)
            - USPTO was ISA in PCT Chapter I                        $600.00
            - USPTO was not ISA in PCT Chapter I                    $750.00
            - Additional preliminary examination fee,
              per additional invention
              (payable only upon invitation)                        $600.00

   U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).

October 21, 2011                                             ROBERT W. BAHR
                                                      Senior Patent Counsel
                                              Acting Associate Commissioner
                                              for Patent Examination Policy
                                  United States Patent and Trademark Office
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 236 

Notice of Maintenance Fees Payable
                  Notice of Maintenance Fees Payable

   Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.

   Attention is drawn to the patents that were issued on November 18, 2008
for which maintenance fees due at 3 years and six months may now be paid
The patents have patent numbers within the following ranges:

        Utility Patents 7,451,493 through 7,454,797
        Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on November 16, 2004
for which maintenance fees due at 7 years and six months may now be paid
The patents have patent numbers within the following ranges:

        Utility Patents 6,817,029 through 6,820,278
        Reissue Patents based on the above identified patents.

   Attention is drawn to the patents that were issued on November 14, 2000
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:

        Utility Patents 6,145,127 through 6,148,441
        Reissue Patents based on the above identified patents.

   No maintenance fees are required for design or plant patents.

   Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.

   Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".

   Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".

   Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.

   The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
Internet web site. At the top of the USPTO homepage at www.uspto.gov, click
on the "Site Index" link and then scroll down and click on the "Fees,
USPTO" link to find the current USPTO fee schedule.
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 237 

Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee
                        Notice of Expiration of Patents
                     Due to Failure to Pay Maintenance Fee

   35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
   According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.

                   PATENTS WHICH EXPIRED ON October 12, 2011
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                         Issue
Number                             Number                            Date

5,963,987                        09/102,336                      10/12/99
5,963,996                        09/121,198                      10/12/99
5,964,016                        08/923,750                      10/12/99
5,964,019                        08/624,145                      10/12/99
5,964,022                        08/999,081                      10/12/99
5,964,026                        08/894,127                      10/12/99
5,964,027                        08/928,377                      10/12/99
5,964,037                        09/106,977                      10/12/99
5,964,038                        08/926,501                      10/12/99
5,964,042                        08/991,620                      10/12/99
5,964,044                        08/783,607                      10/12/99
5,964,052                        08/768,980                      10/12/99
5,964,061                        08/943,486                      10/12/99
5,964,063                        08/893,165                      10/12/99
5,964,071                        08/967,363                      10/12/99
5,964,074                        09/052,626                      10/12/99
5,964,076                        08/795,001                      10/12/99
5,964,078                        09/017,022                      10/12/99
5,964,089                        08/883,665                      10/12/99
5,964,090                        08/993,079                      10/12/99
5,964,094                        09/129,484                      10/12/99
5,964,096                        08/913,021                      10/12/99
5,964,101                        09/183,743                      10/12/99
5,964,103                        09/100,254                      10/12/99
5,964,104                        09/079,236                      10/12/99
5,964,106                        09/019,388                      10/12/99
5,964,113                        08/962,779                      10/12/99
5,964,123                        08/988,578                      10/12/99
5,964,131                        09/013,693                      10/12/99
5,964,135                        08/790,454                      10/12/99
5,964,137                        09/121,568                      10/12/99
5,964,140                        08/920,028                      10/12/99
5,964,141                        09/058,245                      10/12/99
5,964,152                        09/089,430                      10/12/99
5,964,156                        09/090,070                      10/12/99
5,964,159                        08/745,333                      10/12/99
5,964,172                        08/900,966                      10/12/99
5,964,194                        08/945,319                      10/12/99
5,964,195                        08/985,369                      10/12/99
5,964,198                        09/067,919                      10/12/99
5,964,199                        08/998,738                      10/12/99
5,964,205                        09/127,782                      10/12/99
5,964,206                        09/073,785                      10/12/99
5,964,217                        08/974,864                      10/12/99
5,964,218                        08/652,664                      10/12/99
5,964,225                        08/921,265                      10/12/99
5,964,229                        08/967,864                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 238 

5,964,235                        09/038,454                      10/12/99
5,964,243                        08/930,310                      10/12/99
5,964,244                        09/162,997                      10/12/99
5,964,245                        09/126,209                      10/12/99
5,964,253                        09/042,533                      10/12/99
5,964,255                        08/957,199                      10/12/99
5,964,262                        09/016,513                      10/12/99
5,964,263                        09/059,967                      10/12/99
5,964,267                        08/811,144                      10/12/99
5,964,281                        08/690,145                      10/12/99
5,964,306                        09/033,579                      10/12/99
5,964,311                        08/799,218                      10/12/99
5,964,312                        08/783,651                      10/12/99
5,964,316                        08/754,011                      10/12/99
5,964,326                        09/040,512                      10/12/99
5,964,332                        08/919,417                      10/12/99
5,964,338                        09/212,424                      10/12/99
5,964,342                        09/195,230                      10/12/99
5,964,349                        09/022,117                      10/12/99
5,964,350                        09/028,888                      10/12/99
5,964,360                        09/172,202                      10/12/99
5,964,362                        08/847,928                      10/12/99
5,964,366                        09/087,530                      10/12/99
5,964,369                        09/051,310                      10/12/99
5,964,375                        09/046,906                      10/12/99
5,964,379                        09/114,673                      10/12/99
5,964,380                        08/908,368                      10/12/99
5,964,383                        09/061,823                      10/12/99
5,964,387                        09/097,928                      10/12/99
5,964,388                        08/980,810                      10/12/99
5,964,395                        08/868,846                      10/12/99
5,964,402                        08/946,505                      10/12/99
5,964,403                        08/841,429                      10/12/99
5,964,406                        09/086,083                      10/12/99
5,964,411                        08/952,143                      10/12/99
5,964,417                        08/966,377                      10/12/99
5,964,421                        08/873,623                      10/12/99
5,964,423                        08/776,504                      10/12/99
5,964,424                        08/933,436                      10/12/99
5,964,438                        08/352,573                      10/12/99
5,964,444                        08/962,079                      10/12/99
5,964,451                        08/579,981                      10/12/99
5,964,472                        08/801,790                      10/12/99
5,964,479                        08/982,884                      10/12/99
5,964,494                        09/246,624                      10/12/99
5,964,509                        08/863,366                      10/12/99
5,964,511                        08/662,338                      10/12/99
5,964,512                        08/971,530                      10/12/99
5,964,520                        09/156,725                      10/12/99
5,964,523                        09/020,761                      10/12/99
5,964,528                        08/803,884                      10/12/99
5,964,534                        09/255,145                      10/12/99
5,964,537                        08/168,669                      10/12/99
5,964,538                        09/013,610                      10/12/99
5,964,543                        08/831,068                      10/12/99
5,964,544                        09/016,395                      10/12/99
5,964,552                        08/875,179                      10/12/99
5,964,554                        08/988,255                      10/12/99
5,964,561                        08/763,596                      10/12/99
5,964,571                        09/002,974                      10/12/99
5,964,592                        08/897,431                      10/12/99
5,964,602                        08/877,879                      10/12/99
5,964,608                        09/101,168                      10/12/99
5,964,612                        08/995,142                      10/12/99
5,964,614                        09/108,331                      10/12/99
5,964,615                        09/001,711                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 239 

5,964,628                        08/889,231                      10/12/99
5,964,631                        08/917,104                      10/12/99
5,964,636                        09/119,177                      10/12/99
5,964,639                        08/928,108                      10/12/99
5,964,644                        08/627,226                      10/12/99
5,964,647                        08/809,472                      10/12/99
5,964,662                        08/988,803                      10/12/99
5,964,670                        08/787,143                      10/12/99
5,964,671                        09/114,316                      10/12/99
5,964,675                        09/140,283                      10/12/99
5,964,682                        09/008,886                      10/12/99
5,964,684                        08/635,106                      10/12/99
5,964,686                        08/965,787                      10/12/99
5,964,689                        08/975,131                      10/12/99
5,964,701                        08/957,789                      10/12/99
5,964,711                        09/054,288                      10/12/99
5,964,713                        09/179,957                      10/12/99
5,964,716                        09/078,790                      10/12/99
5,964,724                        08/791,179                      10/12/99
5,964,728                        08/940,220                      10/12/99
5,964,729                        08/937,582                      10/12/99
5,964,740                        08/835,234                      10/12/99
5,964,743                        08/806,731                      10/12/99
5,964,745                        08/569,107                      10/12/99
5,964,746                        08/919,687                      10/12/99
5,964,753                        09/003,087                      10/12/99
5,964,754                        08/862,456                      10/12/99
5,964,759                        08/837,365                      10/12/99
5,964,763                        09/092,690                      10/12/99
5,964,775                        08/718,347                      10/12/99
5,964,796                        09/140,194                      10/12/99
5,964,798                        08/991,384                      10/12/99
5,964,811                        08/877,857                      10/12/99
5,964,820                        08/970,149                      10/12/99
5,964,823                        09/013,052                      10/12/99
5,964,824                        08/791,984                      10/12/99
5,964,835                        08/482,618                      10/12/99
5,964,838                        08/940,348                      10/12/99
5,964,845                        08/765,418                      10/12/99
5,964,849                        08/825,593                      10/12/99
5,964,860                        08/831,798                      10/12/99
5,964,863                        08/632,208                      10/12/99
5,964,864                        08/627,076                      10/12/99
5,964,893                        08/520,945                      10/12/99
5,964,898                        08/984,140                      10/12/99
5,964,905                        09/082,760                      10/12/99
5,964,906                        08/967,100                      10/12/99
5,964,908                        08/921,946                      10/12/99
5,964,909                        09/148,140                      10/12/99
5,964,912                        08/977,920                      10/12/99
5,964,924                        09/053,737                      10/12/99
5,964,926                        08/764,102                      10/12/99
5,964,928                        09/041,441                      10/12/99
5,964,937                        08/996,867                      10/12/99
5,964,951                        08/996,510                      10/12/99
5,964,954                        08/890,996                      10/12/99
5,964,964                        08/930,295                      10/12/99
5,964,965                        08/912,166                      10/12/99
5,964,973                        09/010,456                      10/12/99
5,965,000                        08/860,625                      10/12/99
5,965,007                        08/878,850                      10/12/99
5,965,016                        08/943,922                      10/12/99
5,965,018                        09/080,802                      10/12/99
5,965,021                        08/786,078                      10/12/99
5,965,024                        08/983,025                      10/12/99
5,965,028                        08/811,564                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 240 

5,965,032                        09/013,932                      10/12/99
5,965,035                        08/956,641                      10/12/99
5,965,038                        08/925,316                      10/12/99
5,965,042                        08/899,632                      10/12/99
5,965,056                        09/017,210                      10/12/99
5,965,063                        08/971,722                      10/12/99
5,965,067                        08/924,685                      10/12/99
5,965,069                        08/787,284                      10/12/99
5,965,070                        08/924,760                      10/12/99
5,965,073                        09/011,013                      10/12/99
5,965,074                        09/022,945                      10/12/99
5,965,082                        08/894,761                      10/12/99
5,965,083                        08/991,434                      10/12/99
5,965,085                        09/272,118                      10/12/99
5,965,086                        08/009,381                      10/12/99
5,965,107                        07/871,282                      10/12/99
5,965,108                        09/039,062                      10/12/99
5,965,110                        09/113,911                      10/12/99
5,965,123                        08/322,679                      10/12/99
5,965,124                        08/381,637                      10/12/99
5,965,125                        08/548,002                      10/12/99
5,965,127                        09/065,735                      10/12/99
5,965,130                        08/487,803                      10/12/99
5,965,140                        09/132,079                      10/12/99
5,965,142                        08/511,872                      10/12/99
5,965,160                        08/930,854                      10/12/99
5,965,173                        09/062,198                      10/12/99
5,965,176                        08/693,279                      10/12/99
5,965,177                        08/968,331                      10/12/99
5,965,181                        08/965,289                      10/12/99
5,965,187                        09/056,214                      10/12/99
5,965,193                        08/902,054                      10/12/99
5,965,195                        08/989,065                      10/12/99
5,965,200                        08/936,723                      10/12/99
5,965,204                        09/072,019                      10/12/99
5,965,207                        09/073,584                      10/12/99
5,965,213                        08/930,160                      10/12/99
5,965,221                        08/850,501                      10/12/99
5,965,225                        08/932,416                      10/12/99
5,965,227                        08/903,992                      10/12/99
5,965,228                        08/674,019                      10/12/99
5,965,237                        08/954,998                      10/12/99
5,965,243                        08/828,823                      10/12/99
5,965,259                        09/021,611                      10/12/99
5,965,261                        09/192,608                      10/12/99
5,965,264                        08/921,357                      10/12/99
5,965,265                        08/978,413                      10/12/99
5,965,267                        09/050,963                      10/12/99
5,965,272                        08/959,995                      10/12/99
5,965,276                        08/917,050                      10/12/99
5,965,285                        08/557,604                      10/12/99
5,965,288                        08/919,922                      10/12/99
5,965,290                        08/915,512                      10/12/99
5,965,291                        08/963,657                      10/12/99
5,965,295                        08/874,406                      10/12/99
5,965,298                        08/991,787                      10/12/99
5,965,299                        08/880,599                      10/12/99
5,965,301                        08/976,453                      10/12/99
5,965,304                        08/965,335                      10/12/99
5,965,307                        09/069,903                      10/12/99
5,965,308                        08/624,087                      10/12/99
5,965,309                        08/921,986                      10/12/99
5,965,313                        09/173,182                      10/12/99
5,965,318                        09/050,020                      10/12/99
5,965,319                        08/891,834                      10/12/99
5,965,321                        08/937,825                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 241 

5,965,322                        08/802,437                      10/12/99
5,965,323                        09/023,680                      10/12/99
5,965,324                        08/896,847                      10/12/99
5,965,327                        08/980,305                      10/12/99
5,965,332                        08/912,846                      10/12/99
5,965,335                        09/067,017                      10/12/99
5,965,343                        08/781,716                      10/12/99
5,965,345                        08/571,017                      10/12/99
5,965,347                        08/979,315                      10/12/99
5,965,356                        09/015,815                      10/12/99
5,965,357                        09/017,205                      10/12/99
5,965,360                        08/468,942                      10/12/99
5,965,371                        08/438,190                      10/12/99
5,965,381                        09/036,582                      10/12/99
5,965,385                        08/467,974                      10/12/99
5,965,388                        08/721,488                      10/12/99
5,965,392                        08/838,399                      10/12/99
5,965,397                        09/014,969                      10/12/99
5,965,401                        08/738,462                      10/12/99
5,965,402                        08/922,146                      10/12/99
5,965,403                        08/715,202                      10/12/99
5,965,406                        08/488,246                      10/12/99
5,965,411                        08/964,338                      10/12/99
5,965,412                        08/966,388                      10/12/99
5,965,416                        08/996,799                      10/12/99
5,965,419                        09/064,839                      10/12/99
5,965,420                        08/835,170                      10/12/99
5,965,425                        08/745,880                      10/12/99
5,965,427                        08/687,080                      10/12/99
5,965,429                        09/031,855                      10/12/99
5,965,441                        08/968,434                      10/12/99
5,965,442                        08/339,715                      10/12/99
5,965,477                        08/856,196                      10/12/99
5,965,483                        08/324,837                      10/12/99
5,965,493                        08/836,805                      10/12/99
5,965,506                        08/967,318                      10/12/99
5,965,511                        09/016,426                      10/12/99
5,965,513                        08/849,462                      10/12/99
5,965,518                        09/027,981                      10/12/99
5,965,519                        08/685,152                      10/12/99
5,965,522                        09/106,891                      10/12/99
5,965,524                        08/341,710                      10/12/99
5,965,528                        08/377,309                      10/12/99
5,965,529                        08/466,688                      10/12/99
5,965,532                        08/837,305                      10/12/99
5,965,534                        09/039,168                      10/12/99
5,965,536                        08/666,564                      10/12/99
5,965,538                        09/138,656                      10/12/99
5,965,540                        08/686,270                      10/12/99
5,965,545                        08/928,370                      10/12/99
5,965,547                        08/732,324                      10/12/99
5,965,553                        08/874,089                      10/12/99
5,965,559                        08/817,031                      10/12/99
5,965,561                        09/053,808                      10/12/99
5,965,562                        08/961,546                      10/12/99
5,965,563                        08/860,717                      10/12/99
5,965,564                        09/044,976                      10/12/99
5,965,565                        08/988,816                      10/12/99
5,965,574                        08/689,745                      10/12/99
5,965,575                        09/049,233                      10/12/99
5,965,576                        08/980,399                      10/12/99
5,965,580                        09/035,823                      10/12/99
5,965,589                        08/530,115                      10/12/99
5,965,597                        08/966,801                      10/12/99
5,965,599                        08/983,561                      10/12/99
5,965,600                        08/913,239                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 242 

5,965,601                        09/033,897                      10/12/99
5,965,615                        08/809,618                      10/12/99
5,965,618                        08/971,820                      10/12/99
5,965,627                        08/852,769                      10/12/99
5,965,651                        08/755,228                      10/12/99
5,965,653                        09/137,475                      10/12/99
5,965,659                        08/669,288                      10/12/99
5,965,660                        08/828,967                      10/12/99
5,965,663                        08/653,467                      10/12/99
5,965,664                        08/921,624                      10/12/99
5,965,670                        09/072,472                      10/12/99
5,965,676                        08/963,392                      10/12/99
5,965,681                        09/107,678                      10/12/99
5,965,683                        08/906,637                      10/12/99
5,965,686                        09/139,205                      10/12/99
5,965,689                        09/044,133                      10/12/99
5,965,693                        08/858,830                      10/12/99
5,965,696                        08/451,371                      10/12/99
5,965,698                        08/532,818                      10/12/99
5,965,699                        08/743,894                      10/12/99
5,965,707                        08/942,819                      10/12/99
5,965,709                        08/232,539                      10/12/99
5,965,721                        08/763,354                      10/12/99
5,965,741                        08/793,023                      10/12/99
5,965,742                        09/091,867                      10/12/99
5,965,752                        08/919,066                      10/12/99
5,965,768                        09/114,681                      10/12/99
5,965,771                        08/943,514                      10/12/99
5,965,776                        08/519,225                      10/12/99
5,965,779                        09/027,251                      10/12/99
5,965,780                        08/904,010                      10/12/99
5,965,781                        08/975,924                      10/12/99
5,965,784                        08/710,228                      10/12/99
5,965,794                        08/336,724                      10/12/99
5,965,795                        08/742,605                      10/12/99
5,965,801                        08/672,229                      10/12/99
5,965,815                        09/093,979                      10/12/99
5,965,818                        09/007,391                      10/12/99
5,965,822                        09/083,208                      10/12/99
5,965,827                        09/075,729                      10/12/99
5,965,840                        08/864,153                      10/12/99
5,965,845                        08/862,379                      10/12/99
5,965,849                        08/979,544                      10/12/99
5,965,854                        09/019,983                      10/12/99
5,965,858                        08/722,202                      10/12/99
5,965,867                        08/983,132                      10/12/99
5,965,877                        09/039,591                      10/12/99
5,965,879                        08/852,778                      10/12/99
5,965,881                        08/969,562                      10/12/99
5,965,883                        08/924,477                      10/12/99
5,965,900                        09/205,599                      10/12/99
5,965,908                        08/991,013                      10/12/99
5,965,928                        08/837,393                      10/12/99
5,965,932                        09/073,257                      10/12/99
5,965,935                        08/964,735                      10/12/99
5,965,942                        08/851,895                      10/12/99
5,965,949                        09/012,711                      10/12/99
5,965,961                        09/116,288                      10/12/99
5,965,967                        09/110,353                      10/12/99
5,965,974                        08/881,464                      10/12/99
5,965,975                        08/898,863                      10/12/99
5,965,982                        08/924,141                      10/12/99
5,965,984                        08/733,594                      10/12/99
5,965,988                        08/945,851                      10/12/99
5,965,992                        09/196,025                      10/12/99
5,965,999                        08/821,593                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 243 

5,966,007                        09/114,240                      10/12/99
5,966,015                        08/891,565                      10/12/99
5,966,050                        09/112,507                      10/12/99
5,966,057                        08/972,596                      10/12/99
5,966,063                        08/699,439                      10/12/99
5,966,067                        09/211,233                      10/12/99
5,966,068                        08/820,655                      10/12/99
5,966,077                        09/060,115                      10/12/99
5,966,080                        08/939,344                      10/12/99
5,966,085                        09/057,040                      10/12/99
5,966,096                        08/839,252                      10/12/99
5,966,097                        08/856,190                      10/12/99
5,966,100                        08/813,320                      10/12/99
5,966,111                        08/736,246                      10/12/99
5,966,127                        09/079,860                      10/12/99
5,966,130                        08/754,729                      10/12/99
5,966,131                        08/807,581                      10/12/99
5,966,151                        08/572,644                      10/12/99
5,966,159                        08/447,754                      10/12/99
5,966,164                        08/874,222                      10/12/99
5,966,169                        08/828,816                      10/12/99
5,966,173                        08/778,373                      10/12/99
5,966,177                        09/021,232                      10/12/99
5,966,185                        08/791,224                      10/12/99
5,966,196                        09/020,397                      10/12/99
5,966,201                        08/966,371                      10/12/99
5,966,202                        08/829,099                      10/12/99
5,966,209                        09/092,919                      10/12/99
5,966,210                        08/821,601                      10/12/99
5,966,216                        08/793,069                      10/12/99
5,966,223                        08/868,013                      10/12/99
5,966,229                        08/877,667                      10/12/99
5,966,233                        08/836,837                      10/12/99
5,966,241                        09/070,570                      10/12/99
5,966,242                        08/843,352                      10/12/99
5,966,250                        08/565,699                      10/12/99
5,966,252                        08/961,117                      10/12/99
5,966,253                        09/097,654                      10/12/99
5,966,260                        08/909,030                      10/12/99
5,966,266                        09/021,338                      10/12/99
5,966,269                        08/915,055                      10/12/99
5,966,271                        08/846,280                      10/12/99
5,966,283                        08/923,702                      10/12/99
5,966,285                        08/869,529                      10/12/99
5,966,293                        08/990,635                      10/12/99
5,966,299                        08/959,656                      10/12/99
5,966,302                        07/961,795                      10/12/99
5,966,320                        09/186,528                      10/12/99
5,966,330                        09/070,181                      10/12/99
5,966,333                        08/984,311                      10/12/99
5,966,345                        09/192,640                      10/12/99
5,966,347                        08/883,371                      10/12/99
5,966,349                        08/961,134                      10/12/99
5,966,350                        09/041,200                      10/12/99
5,966,353                        08/959,454                      10/12/99
5,966,355                        08/902,287                      10/12/99
5,966,356                        08/965,886                      10/12/99
5,966,357                        08/883,706                      10/12/99
5,966,359                        09/035,411                      10/12/99
5,966,360                        08/920,021                      10/12/99
5,966,363                        08/779,461                      10/12/99
5,966,365                        08/875,051                      10/12/99
5,966,366                        08/909,993                      10/12/99
5,966,371                        08/953,600                      10/12/99
5,966,390                        08/902,768                      10/12/99
5,966,391                        08/884,033                      10/12/99
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 244 

5,966,402                        08/746,873                      10/12/99
5,966,405                        08/820,341                      10/12/99
5,966,406                        08/815,849                      10/12/99
5,966,408                        08/601,355                      10/12/99
5,966,411                        08/768,814                      10/12/99
5,966,413                        08/895,730                      10/12/99
5,966,434                        08/829,595                      10/12/99
5,966,451                        08/897,973                      10/12/99
5,966,452                        08/814,717                      10/12/99
5,966,453                        09/015,548                      10/12/99
5,966,456                        08/833,095                      10/12/99
5,966,458                        08/881,799                      10/12/99
5,966,466                        08/936,315                      10/12/99
5,966,470                        08/968,094                      10/12/99
5,966,475                        08/804,504                      10/12/99
5,966,488                        09/006,196                      10/12/99
5,966,493                        09/026,755                      10/12/99
5,966,494                        08/811,262                      10/12/99
5,966,496                        08/862,523                      10/12/99
5,966,497                        08/906,934                      10/12/99
5,966,498                        08/693,451                      10/12/99
5,966,502                        08/910,776                      10/12/99
5,966,508                        08/855,564                      10/12/99
5,966,510                        08/998,585                      10/12/99
5,966,519                        08/720,254                      10/12/99
5,966,523                        08/782,285                      10/12/99
5,966,528                        08/483,935                      10/12/99
5,966,548                        09/090,536                      10/12/99
5,966,550                        09/028,253                      10/12/99
5,966,551                        08/838,016                      10/12/99
5,966,552                        08/933,984                      10/12/99
5,966,553                        08/997,875                      10/12/99
5,966,554                        08/788,161                      10/12/99
5,966,556                        09/085,012                      10/12/99
5,966,558                        08/535,817                      10/12/99
5,966,561                        08/985,254                      10/12/99
5,966,563                        08/944,641                      10/12/99
5,966,576                        08/901,808                      10/12/99
5,966,580                        08/965,425                      10/12/99
5,966,581                        08/706,133                      10/12/99
5,966,585                        06/651,690                      10/12/99
5,966,591                        08/908,648                      10/12/99
5,966,598                        08/912,066                      10/12/99
5,966,602                        08/805,679                      10/12/99
5,966,609                        08/974,464                      10/12/99
5,966,615                        09/025,078                      10/12/99
5,966,626                        08/743,744                      10/12/99
5,966,630                        09/065,694                      10/12/99
5,966,634                        08/823,955                      10/12/99
5,966,643                        08/615,362                      10/12/99
5,966,662                        08/765,513                      10/12/99
5,966,664                        08/862,964                      10/12/99
5,966,672                        08/901,810                      10/12/99
5,966,675                        08/793,423                      10/12/99
5,966,682                        08/953,309                      10/12/99
5,966,691                        08/841,043                      10/12/99
5,966,696                        09/059,592                      10/12/99
5,966,706                        08/803,042                      10/12/99
5,966,711                        08/837,963                      10/12/99
5,966,727                        08/876,662                      10/12/99
5,966,735                        08/754,868                      10/12/99

                   PATENTS WHICH EXPIRED ON October 7, 2011
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                         Issue
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 245 

Number                             Number                            Date

6,629,324                        09/866,328                      10/07/03
6,629,325                        10/007,932                      10/07/03
6,629,326                        10/061,744                      10/07/03
6,629,335                        10/061,745                      10/07/03
6,629,345                        09/949,609                      10/07/03
6,629,347                        10/210,619                      10/07/03
6,629,362                        09/777,940                      10/07/03
6,629,369                        09/601,163                      10/07/03
6,629,371                        09/692,614                      10/07/03
6,629,374                        10/001,171                      10/07/03
6,629,375                        09/740,330                      10/07/03
6,629,377                        10/010,200                      10/07/03
6,629,380                        10/337,557                      10/07/03
6,629,382                        09/837,263                      10/07/03
6,629,385                        10/282,504                      10/07/03
6,629,386                        09/661,185                      10/07/03
6,629,393                        09/927,477                      10/07/03
6,629,395                        09/488,895                      10/07/03
6,629,401                        09/743,036                      10/07/03
6,629,403                        09/694,971                      10/07/03
6,629,404                        09/775,538                      10/07/03
6,629,405                        10/065,010                      10/07/03
6,629,406                        09/923,420                      10/07/03
6,629,408                        09/685,571                      10/07/03
6,629,410                        09/996,857                      10/07/03
6,629,412                        10/147,748                      10/07/03
6,629,415                        10/029,364                      10/07/03
6,629,416                        10/131,915                      10/07/03
6,629,418                        10/041,700                      10/07/03
6,629,433                        09/844,254                      10/07/03
6,629,434                        09/953,626                      10/07/03
6,629,447                        09/981,477                      10/07/03
6,629,449                        10/113,645                      10/07/03
6,629,451                        10/123,745                      10/07/03
6,629,462                        09/908,635                      10/07/03
6,629,468                        10/042,906                      10/07/03
6,629,472                        09/771,738                      10/07/03
6,629,474                        10/080,420                      10/07/03
6,629,479                        09/781,460                      10/07/03
6,629,485                        10/352,718                      10/07/03
6,629,487                        09/874,079                      10/07/03
6,629,494                        09/785,029                      10/07/03
6,629,498                        10/143,174                      10/07/03
6,629,499                        10/095,147                      10/07/03
6,629,504                        10/083,951                      10/07/03
6,629,506                        09/968,039                      10/07/03
6,629,507                        09/773,077                      10/07/03
6,629,514                        09/603,463                      10/07/03
6,629,516                        10/111,395                      10/07/03
6,629,518                        09/974,054                      10/07/03
6,629,526                        09/839,248                      10/07/03
6,629,532                        10/166,753                      10/07/03
6,629,537                        09/842,820                      10/07/03
6,629,539                        09/434,663                      10/07/03
6,629,542                        10/043,455                      10/07/03
6,629,548                        10/284,949                      10/07/03
6,629,550                        09/755,495                      10/07/03
6,629,553                        09/984,567                      10/07/03
6,629,554                        10/110,839                      10/07/03
6,629,560                        10/162,680                      10/07/03
6,629,573                        09/703,908                      10/07/03
6,629,576                        09/858,925                      10/07/03
6,629,577                        09/700,147                      10/07/03
6,629,578                        10/050,144                      10/07/03
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 246 

6,629,581                        09/942,195                      10/07/03
6,629,582                        10/140,224                      10/07/03
6,629,592                        09/931,515                      10/07/03
6,629,593                        09/851,021                      10/07/03
6,629,595                        10/072,187                      10/07/03
6,629,596                        10/122,831                      10/07/03
6,629,600                        09/862,266                      10/07/03
6,629,601                        09/683,826                      10/07/03
6,629,603                        09/998,994                      10/07/03
6,629,605                        09/797,943                      10/07/03
6,629,611                        09/882,635                      10/07/03
6,629,612                        09/820,603                      10/07/03
6,629,613                        09/693,427                      10/07/03
6,629,615                        09/894,741                      10/07/03
6,629,616                        09/701,944                      10/07/03
6,629,620                        10/063,813                      10/07/03
6,629,628                        09/626,560                      10/07/03
6,629,631                        09/874,463                      10/07/03
6,629,637                        09/913,352                      10/07/03
6,629,640                        09/681,606                      10/07/03
6,629,653                        09/147,185                      10/07/03
6,629,655                        10/241,516                      10/07/03
6,629,658                        09/962,679                      10/07/03
6,629,660                        09/530,641                      10/07/03
6,629,662                        09/885,428                      10/07/03
6,629,668                        10/062,092                      10/07/03
6,629,675                        09/873,742                      10/07/03
6,629,679                        10/011,935                      10/07/03
6,629,681                        09/507,552                      10/07/03
6,629,687                        10/304,254                      10/07/03
6,629,693                        10/039,492                      10/07/03
6,629,695                        09/916,150                      10/07/03
6,629,704                        09/809,478                      10/07/03
6,629,705                        09/885,612                      10/07/03
6,629,717                        10/246,145                      10/07/03
6,629,718                        10/206,937                      10/07/03
6,629,726                        09/966,705                      10/07/03
6,629,729                        10/034,479                      10/07/03
6,629,730                        09/970,346                      10/07/03
6,629,731                        09/878,752                      10/07/03
6,629,734                        09/836,476                      10/07/03
6,629,753                        10/079,547                      10/07/03
6,629,757                        09/586,890                      10/07/03
6,629,768                        09/828,286                      10/07/03
6,629,769                        10/013,546                      10/07/03
6,629,772                        10/057,621                      10/07/03
6,629,785                        09/984,195                      10/07/03
6,629,798                        09/362,921                      10/07/03
6,629,808                        09/885,261                      10/07/03
6,629,810                        09/937,454                      10/07/03
6,629,812                        09/455,467                      10/07/03
6,629,817                        09/899,305                      10/07/03
6,629,824                        09/915,595                      10/07/03
6,629,826                        10/051,082                      10/07/03
6,629,829                        09/786,561                      10/07/03
6,629,841                        09/649,198                      10/07/03
6,629,845                        09/802,147                      10/07/03
6,629,847                        09/509,661                      10/07/03
6,629,865                        10/012,587                      10/07/03
6,629,866                        09/809,414                      10/07/03
6,629,869                        08/474,277                      10/07/03
6,629,871                        10/342,366                      10/07/03
6,629,875                        09/740,154                      10/07/03
6,629,881                        09/505,902                      10/07/03
6,629,882                        09/970,302                      10/07/03
6,629,895                        09/987,161                      10/07/03
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 247 

6,629,904                        09/926,605                      10/07/03
6,629,911                        09/858,283                      10/07/03
6,629,912                        10/081,060                      10/07/03
6,629,913                        09/770,533                      10/07/03
6,629,920                        09/755,225                      10/07/03
6,629,925                        09/866,591                      10/07/03
6,629,927                        10/155,460                      10/07/03
6,629,928                        10/291,059                      10/07/03
6,629,929                        10/291,034                      10/07/03
6,629,932                        09/758,400                      10/07/03
6,629,934                        09/773,797                      10/07/03
6,629,943                        10/238,356                      10/07/03
6,629,945                        09/714,623                      10/07/03
6,629,956                        09/404,096                      10/07/03
6,629,968                        09/610,563                      10/07/03
6,629,986                        09/635,820                      10/07/03
6,629,995                        09/540,859                      10/07/03
6,630,000                        09/443,906                      10/07/03
6,630,003                        09/807,644                      10/07/03
6,630,004                        09/167,556                      10/07/03
6,630,005                        09/831,039                      10/07/03
6,630,006                        09/851,397                      10/07/03
6,630,013                        09/902,380                      10/07/03
6,630,015                        09/900,812                      10/07/03
6,630,019                        09/944,970                      10/07/03
6,630,023                        09/754,558                      10/07/03
6,630,024                        09/864,994                      10/07/03
6,630,025                        09/804,064                      10/07/03
6,630,031                        09/417,009                      10/07/03
6,630,040                        10/062,237                      10/07/03
6,630,043                        09/769,102                      10/07/03
6,630,048                        09/884,485                      10/07/03
6,630,055                        09/508,625                      10/07/03
6,630,061                        09/800,809                      10/07/03
6,630,062                        09/631,911                      10/07/03
6,630,069                        08/997,057                      10/07/03
6,630,080                        09/790,841                      10/07/03
6,630,081                        09/609,240                      10/07/03
6,630,083                        09/468,973                      10/07/03
6,630,087                        09/993,357                      10/07/03
6,630,093                        09/641,405                      10/07/03
6,630,097                        09/451,371                      10/07/03
6,630,105                        09/675,898                      10/07/03
6,630,107                        09/428,906                      10/07/03
6,630,109                        09/351,291                      10/07/03
6,630,115                        09/529,636                      10/07/03
6,630,116                        09/917,615                      10/07/03
6,630,120                        09/264,102                      10/07/03
6,630,123                        09/664,456                      10/07/03
6,630,124                        09/807,557                      10/07/03
6,630,127                        09/881,182                      10/07/03
6,630,131                        09/985,758                      10/07/03
6,630,133                        09/662,804                      10/07/03
6,630,136                        09/589,515                      10/07/03
6,630,147                        09/958,995                      10/07/03
6,630,149                        09/743,540                      10/07/03
6,630,161                        09/307,321                      10/07/03
6,630,172                        09/767,035                      10/07/03
6,630,178                        09/856,883                      10/07/03
6,630,187                        10/166,987                      10/07/03
6,630,203                        09/883,012                      10/07/03
6,630,204                        09/861,030                      10/07/03
6,630,210                        09/891,527                      10/07/03
6,630,214                        09/441,517                      10/07/03
6,630,216                        09/915,698                      10/07/03
6,630,230                        09/802,935                      10/07/03
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 248 

6,630,238                        09/880,431                      10/07/03
6,630,242                        09/625,653                      10/07/03
6,630,244                        09/815,737                      10/07/03
6,630,249                        09/854,175                      10/07/03
6,630,252                        09/628,498                      10/07/03
6,630,258                        09/702,025                      10/07/03
6,630,262                        09/683,120                      10/07/03
6,630,272                        09/856,242                      10/07/03
6,630,281                        09/902,152                      10/07/03
6,630,283                        09/656,930                      10/07/03
6,630,285                        09/418,368                      10/07/03
6,630,286                        09/839,544                      10/07/03
6,630,287                        09/897,305                      10/07/03
6,630,291                        10/224,850                      10/07/03
6,630,295                        09/753,692                      10/07/03
6,630,303                        09/528,709                      10/07/03
6,630,304                        09/661,887                      10/07/03
6,630,305                        09/685,166                      10/07/03
6,630,306                        09/849,069                      10/07/03
6,630,315                        08/929,157                      10/07/03
6,630,318                        09/458,631                      10/07/03
6,630,319                        09/379,530                      10/07/03
6,630,320                        09/567,283                      10/07/03
6,630,324                        09/626,002                      10/07/03
6,630,326                        09/878,905                      10/07/03
6,630,327                        09/397,233                      10/07/03
6,630,329                        09/975,754                      10/07/03
6,630,334                        09/751,389                      10/07/03
6,630,336                        09/962,276                      10/07/03
6,630,337                        10/109,854                      10/07/03
6,630,340                        09/797,464                      10/07/03
6,630,341                        09/897,956                      10/07/03
6,630,344                        09/650,946                      10/07/03
6,630,345                        08/811,519                      10/07/03
6,630,347                        09/692,056                      10/07/03
6,630,348                        09/706,690                      10/07/03
6,630,367                        09/629,684                      10/07/03
6,630,368                        09/788,664                      10/07/03
6,630,381                        09/695,942                      10/07/03
6,630,395                        10/280,266                      10/07/03
6,630,402                        09/990,460                      10/07/03
6,630,412                        09/897,069                      10/07/03
6,630,415                        09/997,939                      10/07/03
6,630,417                        09/871,601                      10/07/03
6,630,418                        10/034,971                      10/07/03
6,630,427                        10/160,805                      10/07/03
6,630,438                        09/914,495                      10/07/03
6,630,449                        09/748,647                      10/07/03
6,630,450                        09/453,826                      10/07/03
6,630,455                        08/372,429                      10/07/03
6,630,458                        09/202,930                      10/07/03
6,630,460                        09/779,536                      10/07/03
6,630,463                        09/910,068                      10/07/03
6,630,467                        09/783,443                      10/07/03
6,630,472                        09/356,240                      10/07/03
6,630,483                        10/149,965                      10/07/03
6,630,484                        08/943,928                      10/07/03
6,630,487                        10/158,649                      10/07/03
6,630,488                        09/805,780                      10/07/03
6,630,489                        09/913,864                      10/07/03
6,630,492                        09/486,244                      10/07/03
6,630,494                        09/781,516                      10/07/03
6,630,496                        09/645,042                      10/07/03
6,630,498                        10/017,873                      10/07/03
6,630,501                        09/869,303                      10/07/03
6,630,503                        09/638,652                      10/07/03
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 249 

6,630,509                        10/148,824                      10/07/03
6,630,510                        09/697,415                      10/07/03
6,630,512                        10/002,341                      10/07/03
6,630,513                        09/671,937                      10/07/03
6,630,532                        09/657,015                      10/07/03
6,630,533                        09/933,405                      10/07/03
6,630,534                        09/541,056                      10/07/03
6,630,535                        09/642,497                      10/07/03
6,630,537                        09/463,054                      10/07/03
6,630,541                        09/564,075                      10/07/03
6,630,548                        10/286,182                      10/07/03
6,630,556                        10/115,090                      10/07/03
6,630,557                        10/019,023                      10/07/03
6,630,561                        09/838,036                      10/07/03
6,630,564                        10/023,880                      10/07/03
6,630,570                        09/528,200                      10/07/03
6,630,571                        09/631,531                      10/07/03
6,630,574                        09/614,124                      10/07/03
6,630,577                        09/874,633                      10/07/03
6,630,582                        09/004,014                      10/07/03
6,630,585                        09/883,378                      10/07/03
6,630,587                        09/923,977                      10/07/03
6,630,588                        10/078,645                      10/07/03
6,630,594                        10/059,094                      10/07/03
6,630,597                        08/990,889                      10/07/03
6,630,600                        09/341,931                      10/07/03
6,630,604                        09/807,279                      10/07/03
6,630,605                        10/161,682                      10/07/03
6,630,609                        10/196,025                      10/07/03
6,630,612                        09/892,311                      10/07/03
6,630,618                        09/813,742                      10/07/03
6,630,624                        10/037,065                      10/07/03
6,630,627                        09/664,361                      10/07/03
6,630,635                        10/199,903                      10/07/03
6,630,638                        09/578,883                      10/07/03
6,630,639                        09/809,128                      10/07/03
6,630,644                        10/078,099                      10/07/03
6,630,645                        10/149,720                      10/07/03
6,630,652                        10/063,628                      10/07/03
6,630,653                        10/168,786                      10/07/03
6,630,655                        09/842,239                      10/07/03
6,630,656                        09/906,388                      10/07/03
6,630,659                        09/340,156                      10/07/03
6,630,668                        09/969,838                      10/07/03
6,630,674                        09/804,945                      10/07/03
6,630,676                        09/871,670                      10/07/03
6,630,681                        09/620,760                      10/07/03
6,630,682                        09/805,367                      10/07/03
6,630,684                        10/055,945                      10/07/03
6,630,708                        09/703,609                      10/07/03
6,630,710                        09/616,233                      10/07/03
6,630,723                        10/179,751                      10/07/03
6,630,748                        10/059,548                      10/07/03
6,630,755                        09/991,004                      10/07/03
6,630,759                        09/906,137                      10/07/03
6,630,769                        10/132,210                      10/07/03
6,630,770                        09/442,770                      10/07/03
6,630,771                        09/763,510                      10/07/03
6,630,773                        09/461,351                      10/07/03
6,630,775                        09/712,952                      10/07/03
6,630,776                        10/025,929                      10/07/03
6,630,777                        09/768,351                      10/07/03
6,630,778                        09/889,413                      10/07/03
6,630,779                        09/585,299                      10/07/03
6,630,780                        09/955,009                      10/07/03
6,630,782                        09/198,162                      10/07/03
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 250 

6,630,790                        09/929,365                      10/07/03
6,630,791                        10/120,326                      10/07/03
6,630,792                        10/081,587                      10/07/03
6,630,797                        09/883,445                      10/07/03
6,630,798                        10/135,504                      10/07/03
6,630,799                        09/809,762                      10/07/03
6,630,800                        10/035,426                      10/07/03
6,630,802                        09/899,933                      10/07/03
6,630,817                        10/110,369                      10/07/03
6,630,832                        09/719,753                      10/07/03
6,630,839                        09/531,686                      10/07/03
6,630,840                        09/861,523                      10/07/03
6,630,848                        10/280,662                      10/07/03
6,630,861                        09/962,179                      10/07/03
6,630,864                        10/341,020                      10/07/03
6,630,865                        10/313,002                      10/07/03
6,630,874                        09/844,569                      10/07/03
6,630,877                        09/806,718                      10/07/03
6,630,878                        10/383,388                      10/07/03
6,630,880                        10/091,071                      10/07/03
6,630,886                        09/901,803                      10/07/03
6,630,895                        09/686,866                      10/07/03
6,630,903                        09/964,380                      10/07/03
6,630,907                        10/191,110                      10/07/03
6,630,909                        09/920,172                      10/07/03
6,630,917                        09/763,774                      10/07/03
6,630,923                        09/819,001                      10/07/03
6,630,940                        09/919,965                      10/07/03
6,630,959                        09/395,180                      10/07/03
6,630,966                        09/343,766                      10/07/03
6,630,984                        09/919,616                      10/07/03
6,630,986                        09/324,647                      10/07/03
6,630,997                        09/793,741                      10/07/03
6,631,002                        09/705,803                      10/07/03
6,631,017                        09/973,997                      10/07/03
6,631,023                        09/719,068                      10/07/03
6,631,038                        09/636,061                      10/07/03
6,631,041                        10/162,479                      10/07/03
6,631,051                        09/789,766                      10/07/03
6,631,052                        09/372,283                      10/07/03
6,631,057                        09/521,155                      10/07/03
6,631,060                        09/726,923                      10/07/03
6,631,065                        09/883,171                      10/07/03
6,631,070                        10/169,347                      10/07/03
6,631,080                        09/876,271                      10/07/03
6,631,082                        09/961,694                      10/07/03
6,631,092                        10/135,511                      10/07/03
6,631,096                        09/776,276                      10/07/03
6,631,099                        09/607,178                      10/07/03
6,631,100                        09/145,889                      10/07/03
6,631,102                        09/532,930                      10/07/03
6,631,108                        09/542,404                      10/07/03
6,631,111                        09/529,740                      10/07/03
6,631,113                        09/679,941                      10/07/03
6,631,114                        09/277,440                      10/07/03
6,631,126                        09/330,509                      10/07/03
6,631,150                        09/610,019                      10/07/03
6,631,155                        10/287,146                      10/07/03
6,631,158                        09/903,867                      10/07/03
6,631,165                        09/388,175                      10/07/03
6,631,169                        09/472,697                      10/07/03
6,631,171                        09/365,931                      10/07/03
6,631,174                        09/374,261                      10/07/03
6,631,179                        09/328,705                      10/07/03
6,631,187                        09/720,518                      10/07/03
6,631,193                        09/226,705                      10/07/03
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 251 

6,631,194                        10/141,343                      10/07/03
6,631,199                        09/207,339                      10/07/03
6,631,222                        09/571,833                      10/07/03
6,631,242                        08/424,156                      10/07/03
6,631,245                        09/667,672                      10/07/03
6,631,249                        09/964,646                      10/07/03
6,631,254                        09/568,295                      10/07/03
6,631,282                        09/970,021                      10/07/03
6,631,285                        09/808,931                      10/07/03
6,631,300                        09/702,857                      10/07/03
6,631,302                        09/544,370                      10/07/03
6,631,304                        09/845,445                      10/07/03
6,631,305                        09/844,456                      10/07/03
6,631,306                        09/865,438                      10/07/03
6,631,342                        09/473,145                      10/07/03
6,631,343                        09/004,578                      10/07/03
6,631,349                        09/554,003                      10/07/03
6,631,351                        09/661,537                      10/07/03
6,631,357                        09/340,110                      10/07/03
6,631,359                        09/393,150                      10/07/03
6,631,363                        09/686,446                      10/07/03
6,631,377                        09/808,003                      10/07/03
6,631,381                        09/482,994                      10/07/03
6,631,391                        09/544,359                      10/07/03
6,631,396                        09/247,717                      10/07/03
6,631,400                        09/548,167                      10/07/03
6,631,434                        09/440,396                      10/07/03
6,631,443                        09/619,000                      10/07/03
6,631,448                        09/041,568                      10/07/03
6,631,475                        09/631,987                      10/07/03
6,631,512                        09/231,123                      10/07/03
6,631,521                        09/280,373                      10/07/03
6,631,522                        09/009,566                      10/07/03

                   PATENTS WHICH EXPIRED ON October 9, 2011
                    DUE TO FAILURE TO PAY MAINTENANCE FEES

Patent                          Application                         Issue
Number                             Number                            Date

7,278,179                        10/531,202                      10/09/07
7,278,184                        11/358,657                      10/09/07
7,278,186                        11/029,272                      10/09/07
7,278,189                        11/001,825                      10/09/07
7,278,195                        10/452,987                      10/09/07
7,278,196                        11/413,847                      10/09/07
7,278,207                        11/182,167                      10/09/07
7,278,210                        10/868,085                      10/09/07
7,278,214                        10/859,658                      10/09/07
7,278,217                        11/309,738                      10/09/07
7,278,220                        11/398,394                      10/09/07
7,278,223                        11/344,985                      10/09/07
7,278,224                        11/438,371                      10/09/07
7,278,231                        10/922,164                      10/09/07
7,278,241                        10/645,984                      10/09/07
7,278,244                        10/908,846                      10/09/07
7,278,247                        10/841,890                      10/09/07
7,278,248                        11/167,479                      10/09/07
7,278,282                        11/074,225                      10/09/07
7,278,290                        11/489,809                      10/09/07
7,278,296                        10/957,413                      10/09/07
7,278,299                        11/135,075                      10/09/07
7,278,343                        11/348,144                      10/09/07
7,278,348                        10/537,247                      10/09/07
7,278,364                        11/119,187                      10/09/07
7,278,366                        11/372,826                      10/09/07
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 252 

7,278,368                        11/082,350                      10/09/07
7,278,372                        11/094,224                      10/09/07
7,278,375                        11/276,921                      10/09/07
7,278,377                        10/921,122                      10/09/07
7,278,385                        11/369,519                      10/09/07
7,278,393                        10/747,452                      10/09/07
7,278,394                        11/637,116                      10/09/07
7,278,398                        10/566,753                      10/09/07
7,278,402                        10/568,813                      10/09/07
7,278,406                        11/406,767                      10/09/07
7,278,420                        10/666,290                      10/09/07
7,278,426                        11/144,832                      10/09/07
7,278,427                        10/899,952                      10/09/07
7,278,429                        11/370,350                      10/09/07
7,278,434                        10/981,610                      10/09/07
7,278,435                        10/714,340                      10/09/07
7,278,436                        10/831,821                      10/09/07
7,278,440                        11/207,500                      10/09/07
7,278,450                        11/215,858                      10/09/07
7,278,452                        11/143,727                      10/09/07
7,278,456                        11/582,276                      10/09/07
7,278,462                        11/350,243                      10/09/07
7,278,466                        11/000,897                      10/09/07
7,278,471                        11/242,739                      10/09/07
7,278,472                        10/251,537                      10/09/07
7,278,482                        10/995,906                      10/09/07
7,278,499                        11/044,745                      10/09/07
7,278,505                        11/348,735                      10/09/07
7,278,508                        10/855,442                      10/09/07
7,278,515                        10/813,297                      10/09/07
7,278,522                        11/128,164                      10/09/07
7,278,544                        10/954,563                      10/09/07
7,278,546                        10/886,441                      10/09/07
7,278,547                        10/933,207                      10/09/07
7,278,550                        10/904,458                      10/09/07
7,278,557                        10/502,086                      10/09/07
7,278,563                        11/410,346                      10/09/07
7,278,586                        11/456,422                      10/09/07
7,278,589                        10/712,457                      10/09/07
7,278,594                        11/384,243                      10/09/07
7,278,595                        10/478,605                      10/09/07
7,278,600                        10/848,079                      10/09/07
7,278,620                        10/865,280                      10/09/07
7,278,627                        11/112,462                      10/09/07
7,278,628                        10/503,561                      10/09/07
7,278,636                        11/017,195                      10/09/07
7,278,644                        10/928,696                      10/09/07
7,278,645                        11/518,564                      10/09/07
7,278,652                        11/120,043                      10/09/07
7,278,654                        10/768,353                      10/09/07
7,278,656                        11/668,775                      10/09/07
7,278,657                        09/494,954                      10/09/07
7,278,664                        11/129,373                      10/09/07
7,278,665                        10/495,048                      10/09/07
7,278,666                        11/186,950                      10/09/07
7,278,668                        11/498,551                      10/09/07
7,278,670                        11/118,351                      10/09/07
7,278,674                        11/441,883                      10/09/07
7,278,677                        11/177,449                      10/09/07
7,278,685                        11/428,740                      10/09/07
7,278,687                        11/324,414                      10/09/07
7,278,689                        11/444,504                      10/09/07
7,278,732                        11/160,959                      10/09/07
7,278,735                        10/545,451                      10/09/07
7,278,741                        10/650,077                      10/09/07
7,278,742                        10/656,680                      10/09/07
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 253 

7,278,769                        11/300,509                      10/09/07
7,278,782                        11/341,744                      10/09/07
7,278,786                        10/555,575                      10/09/07
7,278,792                        11/245,862                      10/09/07
7,278,798                        11/455,048                      10/09/07
7,278,800                        11/273,946                      10/09/07
7,278,803                        11/515,935                      10/09/07
7,278,806                        11/457,268                      10/09/07
7,278,807                        11/166,948                      10/09/07
7,278,841                        10/767,828                      10/09/07
7,278,842                        10/942,663                      10/09/07
7,278,843                        10/224,676                      10/09/07
7,278,845                        11/050,068                      10/09/07
7,278,846                        11/119,314                      10/09/07
7,278,852                        11/097,631                      10/09/07
7,278,875                        11/318,468                      10/09/07
7,278,882                        11/647,385                      10/09/07
7,278,884                        11/394,616                      10/09/07
7,278,891                        11/416,807                      10/09/07
7,278,892                        11/676,061                      10/09/07
7,278,900                        11/087,929                      10/09/07
7,278,910                        10/955,073                      10/09/07
7,278,914                        10/438,325                      10/09/07
7,278,934                        11/311,474                      10/09/07
7,278,939                        10/767,210                      10/09/07
7,278,946                        11/363,145                      10/09/07
7,278,947                        11/396,137                      10/09/07
7,278,949                        10/557,437                      10/09/07
7,278,956                        11/381,635                      10/09/07
7,278,957                        10/705,993                      10/09/07
7,278,959                        10/905,817                      10/09/07
7,278,967                        10/881,990                      10/09/07
7,278,986                        11/075,994                      10/09/07
7,278,987                        10/888,659                      10/09/07
7,279,014                        10/752,320                      10/09/07
7,279,016                        10/762,948                      10/09/07
7,279,022                        11/340,014                      10/09/07
7,279,038                        11/137,113                      10/09/07
7,279,057                        10/949,897                      10/09/07
7,279,061                        10/818,801                      10/09/07
7,279,062                        10/912,355                      10/09/07
7,279,078                        11/113,683                      10/09/07
7,279,082                        10/659,738                      10/09/07
7,279,087                        10/541,396                      10/09/07
7,279,088                        11/260,855                      10/09/07
7,279,119                        10/627,776                      10/09/07
7,279,121                        11/007,233                      10/09/07
7,279,122                        10/550,174                      10/09/07
7,279,126                        10/420,111                      10/09/07
7,279,127                        10/521,307                      10/09/07
7,279,128                        10/382,150                      10/09/07
7,279,133                        10/029,049                      10/09/07
7,279,143                        10/918,306                      10/09/07
7,279,145                        10/385,180                      10/09/07
7,279,150                        10/765,299                      10/09/07
7,279,156                        09/866,569                      10/09/07
7,279,170                        11/472,812                      10/09/07
7,279,180                        10/298,114                      10/09/07
7,279,184                        10/972,986                      10/09/07
7,279,187                        10/367,006                      10/09/07
7,279,196                        10/798,190                      10/09/07
7,279,212                        10/816,263                      10/09/07
7,279,234                        10/921,436                      10/09/07
7,279,236                        11/077,258                      10/09/07
7,279,256                        11/124,762                      10/09/07
7,279,271                        10/549,553                      10/09/07
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 254 

7,279,274                        10/960,652                      10/09/07
7,279,276                        10/178,912                      10/09/07
7,279,277                        10/257,923                      10/09/07
7,279,278                        10/636,509                      10/09/07
7,279,280                        10/949,761                      10/09/07
7,279,284                        10/164,871                      10/09/07
7,279,293                        10/512,240                      10/09/07
7,279,299                        11/186,448                      10/09/07
7,279,300                        10/533,266                      10/09/07
7,279,305                        10/148,848                      10/09/07
7,279,308                        10/883,238                      10/09/07
7,279,315                        10/618,976                      10/09/07
7,279,321                        10/759,898                      10/09/07
7,279,330                        10/049,296                      10/09/07
7,279,335                        10/276,968                      10/09/07
7,279,341                        11/125,955                      10/09/07
7,279,376                        10/998,947                      10/09/07
7,279,424                        10/928,002                      10/09/07
7,279,439                        11/102,779                      10/09/07
7,279,442                        11/033,131                      10/09/07
7,279,443                        11/166,398                      10/09/07
7,279,444                        10/768,322                      10/09/07
7,279,449                        10/511,123                      10/09/07
7,279,450                        11/000,633                      10/09/07
7,279,460                        10/754,071                      10/09/07
7,279,470                        10/319,885                      10/09/07
7,279,473                        10/499,179                      10/09/07
7,279,474                        10/476,368                      10/09/07
7,279,480                        11/009,249                      10/09/07
7,279,483                        10/980,469                      10/09/07
7,279,486                        11/092,503                      10/09/07
7,279,488                        10/573,202                      10/09/07
7,279,490                        10/515,127                      10/09/07
7,279,494                        10/815,589                      10/09/07
7,279,495                        10/494,897                      10/09/07
7,279,498                        11/217,526                      10/09/07
7,279,508                        10/734,652                      10/09/07
7,279,514                        10/521,651                      10/09/07
7,279,534                        10/234,968                      10/09/07
7,279,545                        10/726,652                      10/09/07
7,279,546                        10/484,419                      10/09/07
7,279,548                        10/185,050                      10/09/07
7,279,550                        10/485,723                      10/09/07
7,279,554                        10/644,548                      10/09/07
7,279,557                        10/991,181                      10/09/07
7,279,571                        11/293,353                      10/09/07
7,279,573                        11/359,616                      10/09/07
7,279,575                        10/912,319                      10/09/07
7,279,578                        10/529,637                      10/09/07
7,279,580                        10/512,984                      10/09/07
7,279,584                        10/568,708                      10/09/07
7,279,586                        10/859,953                      10/09/07
7,279,588                        10/855,940                      10/09/07
7,279,593                        10/485,849                      10/09/07
7,279,600                        10/835,228                      10/09/07
7,279,603                        11/436,854                      10/09/07
7,279,604                        11/442,716                      10/09/07
7,279,609                        10/488,932                      10/09/07
7,279,616                        10/526,716                      10/09/07
7,279,634                        11/414,235                      10/09/07
7,279,638                        11/544,594                      10/09/07
7,279,679                        11/145,459                      10/09/07
7,279,684                        11/301,030                      10/09/07
7,279,686                        10/983,566                      10/09/07
7,279,700                        11/266,164                      10/09/07
7,279,702                        10/507,342                      10/09/07
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 255 

7,279,706                        10/958,413                      10/09/07
7,279,723                        10/804,212                      10/09/07
7,279,739                        11/354,092                      10/09/07
7,279,790                        10/105,286                      10/09/07
7,279,804                        11/013,848                      10/09/07
7,279,809                        11/283,945                      10/09/07
7,279,821                        11/166,194                      10/09/07
7,279,828                        11/170,142                      10/09/07
7,279,829                        10/747,270                      10/09/07
7,279,837                        11/033,518                      10/09/07
7,279,841                        11/010,293                      10/09/07
7,279,855                        10/544,304                      10/09/07
7,279,861                        11/338,787                      10/09/07
7,279,880                        10/909,169                      10/09/07
7,279,896                        11/118,217                      10/09/07
7,279,897                        11/119,081                      10/09/07
7,279,898                        10/560,873                      10/09/07
7,279,902                        10/834,973                      10/09/07
7,279,928                        11/242,689                      10/09/07
7,279,951                        10/372,967                      10/09/07
7,279,967                        11/330,644                      10/09/07
7,279,991                        11/178,565                      10/09/07
7,279,996                        11/204,408                      10/09/07
7,279,999                        11/365,469                      10/09/07
7,280,002                        11/070,985                      10/09/07
7,280,022                        10/560,168                      10/09/07
7,280,023                        10/528,133                      10/09/07
7,280,028                        10/803,556                      10/09/07
7,280,033                        10/967,049                      10/09/07
7,280,037                        11/221,969                      10/09/07
7,280,038                        10/820,471                      10/09/07
7,280,042                        11/087,923                      10/09/07
7,280,045                        11/151,310                      10/09/07
7,280,069                        11/016,973                      10/09/07
7,280,071                        11/191,351                      10/09/07
7,280,079                        11/326,028                      10/09/07
7,280,092                        10/646,032                      10/09/07
7,280,127                        11/116,116                      10/09/07
7,280,133                        10/177,684                      10/09/07
7,280,149                        10/034,295                      10/09/07
7,280,170                        10/895,787                      10/09/07
7,280,198                        11/203,126                      10/09/07
7,280,211                        11/093,396                      10/09/07
7,280,213                        11/130,491                      10/09/07
7,280,216                        10/672,889                      10/09/07
7,280,220                        10/489,782                      10/09/07
7,280,227                        11/302,220                      10/09/07
7,280,231                        10/792,869                      10/09/07
7,280,242                        10/191,611                      10/09/07
7,280,275                        11/195,545                      10/09/07
7,280,314                        10/883,345                      10/09/07
7,280,318                        11/495,894                      10/09/07
7,280,324                        10/780,950                      10/09/07
7,280,326                        10/903,107                      10/09/07
7,280,331                        11/069,227                      10/09/07
7,280,345                        10/549,023                      10/09/07
7,280,355                        11/126,874                      10/09/07
7,280,357                        11/084,654                      10/09/07
7,280,363                        11/040,623                      10/09/07
7,280,423                        11/443,036                      10/09/07
7,280,439                        11/339,265                      10/09/07
7,280,444                        10/824,758                      10/09/07
7,280,450                        10/838,660                      10/09/07
7,280,459                        10/403,111                      10/09/07
7,280,469                        09/942,628                      10/09/07
7,280,481                        10/269,749                      10/09/07
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 256 

7,280,504                        10/252,443                      10/09/07
7,280,512                        10/262,410                      10/09/07
7,280,524                        10/169,980                      10/09/07
7,280,527                        10/144,075                      10/09/07
7,280,532                        10/187,626                      10/09/07
7,280,559                        10/222,399                      10/09/07
7,280,561                        10/175,760                      10/09/07
7,280,567                        11/077,291                      10/09/07
7,280,577                        10/475,918                      10/09/07
7,280,595                        10/605,698                      10/09/07
7,280,648                        10/861,468                      10/09/07
7,280,653                        10/607,971                      10/09/07
7,280,655                        10/617,154                      10/09/07
7,280,661                        09/940,710                      10/09/07
7,280,674                        10/448,172                      10/09/07
7,280,693                        10/602,624                      10/09/07
7,280,722                        11/042,612                      10/09/07
7,280,744                        11/079,937                      10/09/07
7,280,746                        10/717,606                      10/09/07
7,280,759                        10/671,794                      10/09/07
7,280,767                        10/927,227                      10/09/07
7,280,770                        10/848,229                      10/09/07
7,280,799                        10/921,548                      10/09/07
7,280,800                        10/508,087                      10/09/07
7,280,809                        10/333,661                      10/09/07
7,280,811                        10/874,459                      10/09/07
7,280,813                        10/389,729                      10/09/07
7,280,831                        10/250,459                      10/09/07
7,280,871                        10/492,805                      10/09/07
7,280,877                        10/822,266                      10/09/07
7,280,881                        11/644,427                      10/09/07
7,280,897                        11/062,693                      10/09/07
7,280,905                        11/404,242                      10/09/07
7,280,906                        10/988,363                      10/09/07
7,280,910                        10/861,591                      10/09/07
7,280,913                        11/012,747                      10/09/07
7,280,920                        11/170,126                      10/09/07
7,280,934                        11/409,771                      10/09/07
7,280,935                        10/933,992                      10/09/07
7,280,943                        10/809,285                      10/09/07
7,280,948                        10/142,709                      10/09/07
7,280,952                        10/354,218                      10/09/07
7,280,953                        09/881,732                      10/09/07
7,280,974                        10/324,281                      10/09/07
7,281,002                        10/790,642                      10/09/07
7,281,095                        10/751,659                      10/09/07
7,281,120                        10/810,235                      10/09/07
7,281,152                        10/808,571                      10/09/07
7,281,178                        10/892,049                      10/09/07
7,281,181                        11/168,033                      10/09/07
7,281,217                        10/448,968                      10/09/07
7,281,253                        10/485,815                      10/09/07
7,281,257                        11/085,189                      10/09/07
7,281,259                        10/058,035                      10/09/07
7,281,266                        11/591,112                      10/09/07
7,281,270                        10/404,848                      10/09/07
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 257 

Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 10/31/2011
                 Patents Reinstated Due to the Acceptance of a
                     Late Maintenance Fee from 10/31/2011

Patent           Application       Filing          Issue           Granted
Number           Number            Date            Date            Date

5,914,129        08/685,078        07/23/96        06/22/99       11/03/11
5,924,578        08/811,772        03/07/97        07/20/99       11/02/11
5,950,190        08/854,928        05/13/97        09/07/99       10/31/11
5,951,798        08/715,328        09/18/96        09/14/99       10/31/11
5,963,922        08/806,437        02/26/97        10/05/99       11/02/11
5,963,923        08/868,200        06/03/97        10/05/99       11/04/11
6,315,025        09/625,447        07/26/00        11/13/01       10/31/11
6,315,269        09/530,862        05/05/00        11/13/01       11/03/11
6,425,500        09/962,763        09/25/01        07/30/02       11/03/11
6,467,682        09/799,611        03/07/01        10/22/02       10/31/11
6,504,794        09/814,175        03/21/01        01/07/03       10/31/11
6,596,266        09/789,294        02/20/01        07/22/03       11/02/11
6,598,688        09/906,335        07/16/01        07/29/03       11/04/11
6,935,105        09/831,207        02/06/02        08/30/05       11/02/11
6,963,105        10/605,419        09/30/03        11/08/05       11/04/11
6,963,213        10/710,670        07/28/04        11/08/05       11/04/11
6,963,983        10/755,948        01/13/04        11/08/05       11/04/11
6,964,081        10/605,740        10/22/03        11/15/05       11/03/11
6,968,280        10/249,213        03/24/03        11/22/05       11/04/11
7,003,355        10/300,342        11/20/02        02/21/06       11/01/11
7,076,437        09/698,787        10/27/00        07/11/06       11/02/11
7,091,030        10/317,171        12/12/02        08/15/06       10/31/11
7,100,897        10/476,253        10/30/03        09/05/06       11/02/11
7,117,079        10/361,485        02/05/03        10/03/06       11/02/11
7,151,253        10/940,494        09/14/04        12/19/06       11/02/11
7,189,161        10/080,816        02/21/02        03/13/07       11/04/11
7,201,675        11/006,512        12/06/04        04/10/07       10/31/11
7,214,356        10/677,052        10/01/03        05/08/07       11/03/11
7,240,048        10/519,695        12/27/04        07/03/07       11/02/11
7,246,039        10/474,229        10/03/03        07/17/07       11/04/11
7,251,471        11/174,191        06/30/05        07/31/07       11/04/11
7,264,427        10/288,955        11/06/02        09/04/07       11/02/11
7,267,774        11/127,670        05/12/05        09/11/07       11/04/11
7,286,669        10/147,456        05/17/02        10/23/07       11/03/11
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 258 

Reissue Applications Filed
                           Reissue Applications Filed

   Notice under 37 CFR 1.11(b). The reissue applications listed below are
open to public inspection by the general public through the Image File
Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair) on the
USPTO internet web site (www.uspto.gov), and copies may be obtained by
paying the fee therefor (37 CFR 1.19).

   D. 597,959, Re. S.N.: 29/399,223, Aug. 10, 2011, Cl.: D13/000, COAXIAL
CABLE CONNECTOR, Allen L. Malloy, Owner of Record: Belden Inc, Attorney or
Agent: Steven C. Becker, Ex. Gp.: 2913

   6,603,134, Re. S.N. 13/274,627, Oct. 17, 2011, Cl. 126, OPTICAL
DETECTION SYSTEM, Norman R. Wild, et al, Owner of Record: Retro Reflective
Optics, LLC, Petersborough, NH, Attorney or Agent: Theodosios Thomas, Ex.
Gp.: 3749

   6,618,705, Re. S.N. 13/230,657, Sep. 12, 2011, Cl. 705, METHOD AND
SYSTEM FOR CONDUCTING BUSINESS IN A TRANSNATIONAL E-COMMERCE NETWORK,
Tiehong Ann Wang, et al, Owner of Record: Virginia E-Commerce Solutions,
LLC, Attorney or Agent: Kelly G. Hyndman, Ex. Gp.: 3627

   7,561,423, Re. S.N.: 13/183,180, Jul. 14, 2011, Cl.: 361/000, VIDEO
DISPLAY, Akira Turusaki, et al., Owner of Record: Sanyo Electric Co.,
Ltd., Moriguchi-shi, JP, Attorney or Agent: William F. Westerrman, Ex. Gp.:
2835

   7,601,583, Re. S.N. 13/272,749, Oct. 13, 2011, Cl. 438, TRANSISTOR
STRUCTURE OF MEMORY DEVICE AND METHOD FOR FABRICATING THE SAME, Se-Aug
Jang, et al, Owner of Record: Hynix Semiconductor Inc., Attorney or Agent:
Steve Y. Cho, Ex. Gp.: 2812

   7,610,249, Re. S.N. 13/282,321, Oct. 26, 2011, Cl. 706, METHOD AND
APPARATUS FOR EVOLUTIONARY DESIGN, Noubar B. Afeyan, et al, Owner of
Record: Affinova, Inc., Waltham, MA, Attorney or Agent: Mark H.
Whittenberger, Ex. Gp.: 2129

   7,792,974, Re. S.N.: 13/163,448, Jun. 17, 2011, Cl.: 709/000, METHOD AND
APPARATUS FOR REGISTRATION OF A USER AS A SUBSCRIBER IN A COMMUNICATION
NETWORK, Ilkka Westman, et al., Owner of Record: Nokia Corporation,
Attorney or Agent: Pedro F. Suarez, Ex. Gp.: 2447

   7,879,358, Re. S.N.: 13/274,787, Oct. 17, 2011, Cl.: 424/000, PULMONARY
DELIVERY FOR LEVODOPA, Blair Jackson, et al., Owner of Record: Civitas
Therapeutics, Inc, Attorney or Agent: Darlene A. Vanstone, Ex. Gp.: 1616
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 259 

Requests for Ex Parte Reexamination Filed
                   Requests for Ex Parte Reexamination Filed

   5,858,731, Reexam. C.N. 90/011,936, Requested Date: Sep. 29, 2011, Cl.
435/091, Title: OLIGONUCLEOTIDE LIBRARIES USEFUL FOR PRODUCING PRIMERS,
Inventor: Joseph A. Sorge et al., Owners of Record: Stratagene, La Jolla,
CA, Attorney or Agent: Finnegan Henderson Farabow Garrett & Dunner,
Washington, DC, Ex. Gp.: 3991, Requester: Ashita A. Doshi, Life
Technologies Corp., Carlsbad, CA

   6,161,222, Reexam. C.N. 90/011,908, Requested Date: Oct. 3, 2011, Cl.
002/228, Title: ATHLETIC GARMET WITH INNER THIGH GUARDS, Inventor: D. Chad
Strickland et al., Owners of Record: Titan Holdings, LLC., Stillwater, OK,
Attorney or Agent: Mary M. Lee, PC., Edmond, OK, Ex. Gp.: 3993, Requester:
Russell E. Fowler II, Maginot Moore & Beck, Indianapolis, IN

   6,344,591, Reexam. C.N. 90/011,953, Requested Date: Oct. 13, 2011, Cl.
568/852, Title: MALTITOL CRYSTALS OF PARTICULAR FORMS, CRYSTALLINE
COMPOSITIONS CONTAINING THEM AND PROCESSES FOR THEIR PREPARATION, Inventor:
Jean Bernanrd Leleu et al., Owners of Record: Roquette Freres, France,
Attorney or Agent: Young & Thompson, Alexandria, VA, Ex. Gp.: 3991,
Requester: Paul Prestia, RatnerPrestia, Valley Forge, PA

   6,370,713, Reexam. C.N. 90/011,952, Requested Date: Oct. 11, 2011, Cl.
004/677, Title: PULL-OUT SHOWER HEAD FOR KITCHEN, Inventor: Orlando Bosio,
Owners of Record: AMFAG S.P.A., Italy, Attorney or Agent: Modiano &
Associati, Italy, Ex. Gp.: 3993, Requester: Yincheng Chen, Taiwan, Dr.
Banger Shia, Sugar Land, TX

   6,389,340, Reexam. C.N. 90/011,951, Requested Date: Oct. 11, 2011, Cl.
701/035, Title: VEHICLE DATA RECORDER, Inventor: Gary A. Rayner, Owners of
Record: DriveCam, Inc., San Diego, CA, Attorney or Agent: Van Pelt, Yi &
James, LLP., Cupertino, CA, Ex. Gp.: 3992, Requester: Peter G. Thurlow,
Jones Day, New York, NY

   6,794,410, Reexam. C.N. 90/011,959, Requested Date: Oct. 14, 2011, Cl.
514/521, Title: USE OF (Z)-2-CYANO-3-HYDROXY-BUT-2-ENOICACID-(4'-
TRIFLUOROMETHYLPHENYL)-AMIDE FOR TREATING MULTIPLE SCLEROSIS, Inventor:
Joseph Wettstein, Owners of Record: Aventis Pharmaceuticals, Inc.,
Bridgewater, NJ, Attorney or Agent: Morrison & Foerster, LLP., Palo Alto,
CA, Ex. Gp.: 3991, Requester: PATENT OWNER

   7,272,639, Reexam. C.N. 90/011,937, Requested Date: Sep. 30, 2011, Cl.
709/200, Title: INTERNET SERVER ACCESS CONTROL AND MONITORING SYSTEMS,
Inventor: Thomas Mark Levergood et al., Owners of Record: Soverain
Software, LLC., Chicago, IL, Attorney or Agent: Sterne Kessler Goldstein &
Fox, PLLC., Washington, DC, Ex. Gp.: 3992, Requester: Herman R. Heflin III,
Capitol City TechLaw, PLLC., Vienna, VA

   7,289,524, Reexam. C.N. 90/011,956, Requested Date: Oct. 13, 2011, Cl.
370/419, Title: EXECUTION UNIT FOR A NETWORK PROCESSOR, Inventor: Walter
Clark Milliken et al., Owners of Record: Stragent, LLC., Longview, TX,
Attorney or Agent: The Caldwell Firm, LLC., Dallas, TX, Ex. Gp.: 3992,
Requester: PATENT OWNER

   7,498,010, Reexam. C.N. 90/011,941, Requested Date: Oct. 5, 2011, Cl.
423/239, Title: CATALYTIC REDUCTION OF NOX, Inventor: Anders Andreasson et
al., Owners of Record: Daimler AG, Germany; HJS Fahrzeugtechnik GMBH & Co.,
KG, Germany; Johnson Matthey Public Limited Co., United Kingdom, Attorney
or Agent: Monte R. Browder, Esq., Miami, FL, Ex. Gp.: 3991, Requester:
Scott S. Servilla, Diehl Servilla, LLC., Iselin, NJ

   7,551,089, Reexam. C.N. 90/011,955, Requested Date: Oct. 13, 2011, Cl.
340/572, Title: METHOD AND APPARATUS FOR TRACKING OBJECTS AND PEOPLE,
Inventor: Fred Sawyer, Owners of Record: Automated Tracking Solutions,
LLC., Cherry Hill, NJ, Attorney or Agent: Blank Rome, LLP., Washington,
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 260 

DC, Ex. Gp.: 3992, Requester: IMPINJ, Inc. Alexander C. Johnson, Jr.,
Marger Johnson & McCollom, PC., Portland, OR

   7,553,777, Reexam. C.N. 90/011,949, Requested Date: Oct. 7, 2011, Cl.
438/795, Title: SILICON WAFER LASER PROCESSING METHOD AND LASER BEAM
PROCESSING MACHINE, Inventor: Yusuke Nagai et al., Owners of Record: Disco
Corporation, Japan, Attorney or Agent: Smith Gambrell & Russell,
Washington, DC, Ex. Gp.: 3992, Requester: Shoko I. Leek, Seed IP Law Group,
PLLC., Seattle, WA

   7,780,794, Reexam. C.N. 90/009,951, Requested Date: Oct. 3, 2011, Cl.
136/006, Title: MEDICAL IMPLEMENT CLEANING DEVICE, Inventor: Bobby E.
Rogers et al., Owners of Record: Ivera Medical Corporation, San Diego, CA,
Attorney or Agent: Mintz Levin Cohn Ferris Glovsky and Popeo, PC., Boston,
MA, Ex. Gp.: 3991, Requester: Steven E. Halpern, McCarter & English, LLP.,
Newark, NJ

   7,916,684, Reexam. C.N. 90/011,950, Requested Date: Oct. 10, 2011, Cl.
370/328, Title: WIRELESS COMMUNICATION NETWORK PROVIDING COMMUNICATION
BETWEEN MOBILE DEVICES AND ACCESS POINTS, Inventor: Gregory Newell
Henderson et al., Owners of Record: Harris Corporation, Melbourne, FL,
Attorney or Agent: ADDMG - Harris, Orlando, FL, Ex. Gp.: 3992, Requester:
Steve Bachmann, Lewis and Roca, LLP., Minden, NV

   7,950,575, Reexam. C.N. 90/011,946, Requested Date: Oct. 6, 2011, Cl.
235/037, Title: METHOD AND SYSTEM FOR PERFORMING MONEY TRANSFER
TRANSACTIONS, Inventor: Earney E. Stoutenburg et al., Owners of Record: The
Western Union Company, Englewood, CA, Attorney or Agent: Brooks Kushman,
PC., Southfield, MI, Ex. Gp.: 3992, Requester: Nathan J. Rees, Fulbright &
Jaworski, LLP., Dallas, TX

   8,029,883, Reexam. C.N. 90/011,947, Requested Date: Oct. 6, 2011, Cl.
428/206, Title: IMAGE RECEIVER MEDIA AND PRINTING PROCESS, Inventor: Ming
Xu et al., Owners of Record: Ming Xu, Malvern, PA; Zhenrong Guo, Mt.
Pleasant, SC; Sukun Zhang, Mt. Pleasant, SC, Attorney or Agent: B. Craig
Killough, Charleston, SC, Ex. Gp.: 3991, Requester: Photo U.S.A. Corp.,
Lowell Anderson, Stetina Brunda Garred & Brucker, Aliso, Viejo, CA
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 261 

Requests for Inter Partes Reexamination Filed
                 Requests for Inter Partes Reexamination Filed

   RE. 42,814, Reexam. C.N.: 95/001,776, Requested Date: Oct. 4, 2011, Cl.:
726/019, Title: PASSWORD PROTECTED MODULAR COMPUTER METHOD AND DEVICE,
Inventor: William W. Y. Chu, Owners of Record: Acqis Technology, Inc.,
Mountain View, CA, Attorney or Agent: Cooley, LLP., Washington, DC, Ex.
Gp.: 3992, Requester: Third Party Requester: International Business Machine
Corp.; (Att'y Is: David L. McCombs, Haynes & Boone, LLP., Dallas, TX), Real
Party in Interest: Same As Third Party Requester

   6,571,334, Reexam. C.N.: 95/001,772, Requested Date: Sep. 30, 2011, Cl.:
713/170, Title: APPARATUS AND METHOD FOR AUTHENTICATING THE DISPATCH AND
CONTENTS OF DOCUMENTS, Inventor: Ofra Feldbau et al., Owners of Record:
RMail Limited, Bermuda, Attorney or Agent: Fulwider Patton LLP., Los
Angeles, CA, Ex. Gp.: 3992, Requester: Third Party Requester: Ebay, Inc.;
(Att'y Is:  Lissi Mojica Marquis, Novak Druce & Quigg, LLP., Houston, TX),
Real Party in Interest: Same As Third Party Requester

   6,775,873, Reexam. C.N.: 95/001,754, Requested Date: Oct. 7, 2011, Cl.:
015/104, Title: APPARATUS FOR REMOVING HAIR FROM A DRAIN, Inventor: Eugene
H. Luoma, Owners of Record: Eugene H. Luoma, Duluth, Minneapolis, MN,
Attorney or Agent: Briggs and Morgan, PA., Minneapolis, MN, Ex. Gp.: 3991,
Requester: Third Party Requester: GT Water Products, Inc.; (Att'y Is:
Alexander R. Schlee, Schlee IP International, PC., Manhattan Beach, CA),
Real Party in Interest: Same As Third Party Requester

   7,570,614, Reexam. C.N.: 95/000,647, Requested Date: Oct. 7, 2011, Cl.:
370/329, Title: APPROACH FOR MANAGING COMMUNICATIONS CHANNELS BASED ON
PERFORMANCE, Inventor: Bijan Treister et al., Owners of Record: Bandspeed,
Inc., Austin, TX, Attorney or Agent: Hickman Palermo Truong & Becker, LLP.,
San Jose, CA, Ex. Gp.: 3992, Requester: Third Party Requester: CSR
Technology, Inc.; (Att'y Is: Kenneth N. Nigon, Ratner/Prestia, Valley
Forge, PA), Real Party in Interest: Same As Third Party Requester

   7,643,274, Reexam. C.N.: 95/001,766, Requested Date: Sep. 16, 2011, Cl.:
361/679, Title: PROTECTIVE COVER FOR LAPTOP COMPUTER, Inventor: Haile
Bekele, Owners of Record: Tech Shell, Inc., Pensacola, FL, Attorney or
Agent: Thomas Kayden Horstemeyer & Risley, LLP., Atlanta, GA, Ex. Gp.:
3992, Requester: Third Party Requester: Incase Designs, Corp.; (Att'y Is:
Jigang Jin, Mitchell & Company Law Offices, San Francisco, CA), Real Party
in Interest: Same As Third Party Requester

   7,907,400, Reexam. C.N.: 95/001,767, Requested Date: Sep. 16, 2011, Cl.:
361/679, Title: PROTECTIVE COVER FOR LAPTOP COMPUTER, Inventor: Haile
Bekele, Owners of Record: Tech Shell, Inc., Pensacola, FL, Attorney or
Agent: Thomas Kayden Horstemeyer & Risley, LLP., Atlanta, GA, Ex. Gp.:
3992, Requester: Third Party Requester: Incase Designs, Corp.; (Att'y Is:
Jigang Jin, Mitchell & Company Law Offices, San Francisco, CA), Real Party
in Interest: Same As Third Party Requester

   7,942,922, Reexam. C.N.: 95/001,769, Requested Date: Sep. 20, 2011, Cl.:
623/001, Title: STENT HAVING HELICAL ELEMENTS, Inventor: Scott J. Addonizio
et al., Owners of Record: OrbusNeich Medical, Inc., Fort Lauderdale, FL,
Attorney or Agent: Christopher & Weisberg, PA. Fort Lauderdale, FL, Ex.
Gp.: 3993, Requester: Third Party Requester: Boston Scientific Corp.;
(Att'y Is: David R. Marsh, Arnold & Porter, LLP., Washington, DC), Real
Party in Interest: Same As Third Party Requester
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 262 

Notice of Expiration of Trademark Registrations Due to Failure to Renew
                Notice of Expiration of Trademark Registrations
                            Due to Failure to Renew

   15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
   According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.

                     TRADEMARK REGISTRATIONS WHICH EXPIRED
                               November 4, 2011
                            DUE TO FAILURE TO RENEW

Reg. Number                   Serial Number                     Reg. Date

1,639,464                      73/793,914                      04/02/1991
1,639,595                      74/052,506                      04/02/1991
3,287,269                      75/983,604                      04/03/2001
1,149,641                      73/208,402                      03/31/1981
1,639,702                      73/807,216                      04/02/1991
1,639,746                      74/066,156                      04/02/1991
2,441,170                      74/667,506                      04/03/2001
2,439,714                      74/682,249                      04/03/2001
2,441,175                      74/712,234                      04/03/2001
2,441,176                      74/718,607                      04/03/2001
2,441,177                      75/002,855                      04/03/2001
2,441,185                      75/089,222                      04/03/2001
2,441,186                      75/097,452                      04/03/2001
2,441,189                      75/124,549                      04/03/2001
2,439,723                      75/125,030                      04/03/2001
2,441,193                      75/160,755                      04/03/2001
2,439,732                      75/172,152                      04/03/2001
2,441,201                      75/208,543                      04/03/2001
2,439,736                      75/218,680                      04/03/2001
2,439,741                      75/249,223                      04/03/2001
2,439,745                      75/272,718                      04/03/2001
2,439,746                      75/272,720                      04/03/2001
2,441,219                      75/316,383                      04/03/2001
2,441,227                      75/334,634                      04/03/2001
2,441,239                      75/381,905                      04/03/2001
2,441,250                      75/409,308                      04/03/2001
2,441,253                      75/417,933                      04/03/2001
2,439,774                      75/418,550                      04/03/2001
2,439,785                      75/444,172                      04/03/2001
2,441,273                      75/447,114                      04/03/2001
2,439,791                      75/448,883                      04/03/2001
2,439,795                      75/463,214                      04/03/2001
2,439,798                      75/466,786                      04/03/2001
2,439,799                      75/467,099                      04/03/2001
2,441,291                      75/467,420                      04/03/2001
2,441,295                      75/472,856                      04/03/2001
2,441,296                      75/473,224                      04/03/2001
2,439,804                      75/479,603                      04/03/2001
2,439,806                      75/481,885                      04/03/2001
2,441,307                      75/489,994                      04/03/2001
2,441,313                      75/493,655                      04/03/2001
2,441,314                      75/493,657                      04/03/2001
2,441,316                      75/495,575                      04/03/2001
2,441,321                      75/500,916                      04/03/2001
2,441,324                      75/506,824                      04/03/2001
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 263 

2,441,330                      75/513,073                      04/03/2001
2,441,335                      75/518,696                      04/03/2001
2,439,825                      75/519,666                      04/03/2001
2,439,826                      75/520,170                      04/03/2001
2,439,833                      75/528,609                      04/03/2001
2,441,345                      75/530,969                      04/03/2001
2,441,354                      75/539,226                      04/03/2001
2,441,356                      75/539,448                      04/03/2001
2,441,360                      75/544,813                      04/03/2001
2,441,364                      75/550,715                      04/03/2001
2,439,857                      75/551,130                      04/03/2001
2,439,858                      75/552,849                      04/03/2001
2,441,365                      75/554,230                      04/03/2001
2,439,865                      75/563,608                      04/03/2001
2,439,867                      75/565,285                      04/03/2001
2,441,379                      75/569,276                      04/03/2001
2,441,381                      75/570,796                      04/03/2001
2,441,382                      75/571,118                      04/03/2001
2,441,384                      75/571,333                      04/03/2001
2,439,881                      75/577,098                      04/03/2001
2,441,393                      75/580,655                      04/03/2001
2,441,409                      75/586,677                      04/03/2001
2,441,413                      75/588,689                      04/03/2001
2,441,414                      75/589,071                      04/03/2001
2,439,894                      75/591,249                      04/03/2001
2,441,417                      75/594,009                      04/03/2001
2,441,421                      75/596,509                      04/03/2001
2,439,908                      75/599,043                      04/03/2001
2,441,425                      75/599,577                      04/03/2001
2,441,433                      75/602,816                      04/03/2001
2,441,434                      75/603,146                      04/03/2001
2,439,916                      75/607,225                      04/03/2001
2,439,917                      75/608,728                      04/03/2001
2,441,442                      75/609,359                      04/03/2001
2,439,923                      75/617,070                      04/03/2001
2,439,925                      75/618,507                      04/03/2001
2,441,452                      75/621,659                      04/03/2001
2,441,456                      75/625,255                      04/03/2001
2,441,458                      75/627,238                      04/03/2001
2,441,460                      75/628,721                      04/03/2001
2,441,461                      75/628,961                      04/03/2001
2,439,939                      75/630,467                      04/03/2001
2,441,473                      75/639,121                      04/03/2001
2,439,954                      75/646,391                      04/03/2001
2,439,955                      75/646,851                      04/03/2001
2,441,480                      75/647,102                      04/03/2001
2,439,967                      75/655,619                      04/03/2001
2,439,969                      75/656,220                      04/03/2001
2,441,498                      75/661,277                      04/03/2001
2,439,983                      75/662,668                      04/03/2001
2,440,002                      75/673,399                      04/03/2001
2,440,003                      75/673,551                      04/03/2001
2,440,004                      75/673,677                      04/03/2001
2,440,005                      75/674,563                      04/03/2001
2,441,507                      75/676,521                      04/03/2001
2,440,007                      75/680,217                      04/03/2001
2,440,013                      75/685,761                      04/03/2001
2,441,515                      75/687,260                      04/03/2001
2,440,018                      75/689,349                      04/03/2001
2,440,026                      75/697,022                      04/03/2001
2,441,529                      75/698,374                      04/03/2001
2,441,530                      75/698,709                      04/03/2001
2,440,034                      75/701,316                      04/03/2001
2,441,538                      75/705,994                      04/03/2001
2,441,543                      75/707,665                      04/03/2001
2,440,048                      75/708,997                      04/03/2001
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 264 

2,441,544                      75/711,722                      04/03/2001
2,440,054                      75/713,301                      04/03/2001
2,440,060                      75/716,797                      04/03/2001
2,440,064                      75/721,511                      04/03/2001
2,440,066                      75/722,418                      04/03/2001
2,440,069                      75/724,012                      04/03/2001
2,441,560                      75/724,844                      04/03/2001
2,440,073                      75/726,543                      04/03/2001
2,440,077                      75/728,038                      04/03/2001
2,441,671                      75/732,412                      04/03/2001
2,441,568                      75/734,033                      04/03/2001
2,440,087                      75/734,738                      04/03/2001
2,441,570                      75/735,781                      04/03/2001
2,441,572                      75/735,834                      04/03/2001
2,441,573                      75/735,835                      04/03/2001
2,440,091                      75/737,094                      04/03/2001
2,440,096                      75/740,613                      04/03/2001
2,440,111                      75/746,703                      04/03/2001
2,441,591                      75/749,566                      04/03/2001
2,440,129                      75/757,177                      04/03/2001
2,441,598                      75/757,486                      04/03/2001
2,440,133                      75/758,463                      04/03/2001
2,441,604                      75/760,715                      04/03/2001
2,440,137                      75/762,185                      04/03/2001
2,441,613                      75/766,393                      04/03/2001
2,440,154                      75/766,502                      04/03/2001
2,440,164                      75/771,006                      04/03/2001
2,440,168                      75/772,468                      04/03/2001
2,440,172                      75/773,552                      04/03/2001
2,440,178                      75/774,536                      04/03/2001
2,440,183                      75/777,250                      04/03/2001
2,441,621                      75/779,443                      04/03/2001
2,441,622                      75/780,762                      04/03/2001
2,441,623                      75/780,923                      04/03/2001
2,440,196                      75/784,345                      04/03/2001
2,440,210                      75/788,806                      04/03/2001
2,440,213                      75/789,131                      04/03/2001
2,440,215                      75/789,560                      04/03/2001
2,440,221                      75/791,277                      04/03/2001
2,440,230                      75/793,493                      04/03/2001
2,440,243                      75/794,910                      04/03/2001
2,440,245                      75/795,973                      04/03/2001
2,440,251                      75/796,608                      04/03/2001
2,441,627                      75/796,773                      04/03/2001
2,440,270                      75/801,254                      04/03/2001
2,440,272                      75/801,506                      04/03/2001
2,440,276                      75/802,172                      04/03/2001
2,441,630                      75/802,975                      04/03/2001
2,440,278                      75/803,300                      04/03/2001
2,440,279                      75/803,301                      04/03/2001
2,440,281                      75/803,829                      04/03/2001
2,440,283                      75/803,918                      04/03/2001
2,440,284                      75/803,939                      04/03/2001
2,441,677                      75/804,044                      04/03/2001
2,440,286                      75/804,295                      04/03/2001
2,440,302                      75/806,972                      04/03/2001
2,440,303                      75/806,973                      04/03/2001
2,440,319                      75/812,195                      04/03/2001
2,440,321                      75/812,727                      04/03/2001
2,440,323                      75/813,258                      04/03/2001
2,440,330                      75/814,766                      04/03/2001
2,440,341                      75/817,459                      04/03/2001
2,441,633                      75/818,144                      04/03/2001
2,440,344                      75/818,565                      04/03/2001
2,440,350                      75/819,574                      04/03/2001
2,440,357                      75/822,369                      04/03/2001
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 265 

2,440,362                      75/823,814                      04/03/2001
2,441,680                      75/825,605                      04/03/2001
2,440,368                      75/826,989                      04/03/2001
2,440,384                      75/831,659                      04/03/2001
2,440,389                      75/832,612                      04/03/2001
2,440,390                      75/832,927                      04/03/2001
2,440,398                      75/833,811                      04/03/2001
2,441,641                      75/836,694                      04/03/2001
2,440,413                      75/836,984                      04/03/2001
2,440,427                      75/838,608                      04/03/2001
2,440,429                      75/838,885                      04/03/2001
2,440,432                      75/839,366                      04/03/2001
2,441,645                      75/846,466                      04/03/2001
2,440,458                      75/846,777                      04/03/2001
2,440,464                      75/848,163                      04/03/2001
2,441,682                      75/848,755                      04/03/2001
2,440,494                      75/853,838                      04/03/2001
2,441,650                      75/856,911                      04/03/2001
2,440,503                      75/858,279                      04/03/2001
2,440,508                      75/858,852                      04/03/2001
2,440,510                      75/858,993                      04/03/2001
2,440,511                      75/859,265                      04/03/2001
2,440,527                      75/861,432                      04/03/2001
2,440,531                      75/861,642                      04/03/2001
2,440,546                      75/865,907                      04/03/2001
2,440,564                      75/872,393                      04/03/2001
2,440,565                      75/872,463                      04/03/2001
2,441,685                      75/873,534                      04/03/2001
2,440,576                      75/875,000                      04/03/2001
2,440,591                      75/880,947                      04/03/2001
2,440,599                      75/886,488                      04/03/2001
2,440,602                      75/887,198                      04/03/2001
2,440,605                      75/888,539                      04/03/2001
2,440,612                      75/890,890                      04/03/2001
2,440,614                      75/892,208                      04/03/2001
2,440,615                      75/892,312                      04/03/2001
2,440,616                      75/892,347                      04/03/2001
2,440,621                      75/894,200                      04/03/2001
2,440,633                      75/896,306                      04/03/2001
2,440,643                      75/901,901                      04/03/2001
2,440,647                      75/902,408                      04/03/2001
2,440,648                      75/902,429                      04/03/2001
2,440,652                      75/903,251                      04/03/2001
2,440,659                      75/906,831                      04/03/2001
2,440,661                      75/907,523                      04/03/2001
2,440,662                      75/907,524                      04/03/2001
2,440,677                      75/913,690                      04/03/2001
2,440,678                      75/913,870                      04/03/2001
2,441,689                      75/913,916                      04/03/2001
2,440,697                      75/919,596                      04/03/2001
2,440,703                      75/921,420                      04/03/2001
2,440,709                      75/923,183                      04/03/2001
2,440,721                      75/925,304                      04/03/2001
2,440,725                      75/925,668                      04/03/2001
2,440,726                      75/925,696                      04/03/2001
2,440,728                      75/926,274                      04/03/2001
2,440,746                      75/930,758                      04/03/2001
2,440,770                      75/935,936                      04/03/2001
2,440,774                      75/936,712                      04/03/2001
2,440,775                      75/936,935                      04/03/2001
2,440,780                      75/937,589                      04/03/2001
2,440,788                      75/938,933                      04/03/2001
2,440,793                      75/939,501                      04/03/2001
2,440,821                      75/960,542                      04/03/2001
2,441,691                      75/979,807                      04/03/2001
2,440,828                      76/001,100                      04/03/2001
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 266 

2,440,835                      76/001,604                      04/03/2001
2,440,836                      76/002,115                      04/03/2001
2,440,838                      76/002,615                      04/03/2001
2,440,853                      76/007,419                      04/03/2001
2,440,861                      76/008,429                      04/03/2001
2,440,875                      76/010,442                      04/03/2001
2,440,888                      76/012,443                      04/03/2001
2,440,901                      76/014,308                      04/03/2001
2,440,919                      76/016,221                      04/03/2001
2,441,692                      76/019,815                      04/03/2001
2,440,946                      76/022,077                      04/03/2001
2,440,960                      76/024,494                      04/03/2001
2,440,969                      76/026,107                      04/03/2001
2,440,970                      76/026,108                      04/03/2001
2,440,980                      76/027,674                      04/03/2001
2,440,985                      76/029,674                      04/03/2001
2,440,993                      76/030,928                      04/03/2001
2,441,000                      76/031,720                      04/03/2001
2,441,015                      76/033,513                      04/03/2001
2,441,017                      76/033,822                      04/03/2001
2,441,018                      76/033,924                      04/03/2001
2,441,040                      76/036,257                      04/03/2001
2,441,041                      76/036,854                      04/03/2001
2,441,042                      76/037,174                      04/03/2001
2,441,045                      76/037,711                      04/03/2001
2,441,051                      76/038,699                      04/03/2001
2,441,067                      76/040,595                      04/03/2001
2,441,070                      76/040,794                      04/03/2001
2,441,073                      76/041,223                      04/03/2001
2,441,075                      76/041,462                      04/03/2001
2,441,076                      76/041,591                      04/03/2001
2,441,096                      76/042,994                      04/03/2001
2,441,101                      76/043,765                      04/03/2001
2,441,106                      76/044,219                      04/03/2001
2,441,111                      76/045,317                      04/03/2001
2,441,123                      76/045,898                      04/03/2001
2,441,137                      76/047,400                      04/03/2001
2,441,140                      76/048,426                      04/03/2001
2,441,143                      76/049,244                      04/03/2001
2,441,145                      76/050,161                      04/03/2001
2,441,146                      76/050,180                      04/03/2001
2,441,153                      76/063,388                      04/03/2001
2,441,154                      76/072,187                      04/03/2001
2,441,161                      78/005,650                      04/03/2001
2,441,163                      78/007,557                      04/03/2001
2,441,166                      78/009,820                      04/03/2001
1,637,855                      74/041,132                      03/12/1991
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 267 

Service by Publication
                            Service by Publication

   A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.

Kiersten Marie Witt dba Fitness Inspired, Mount Pleasant, MI, Registration
No. 3701308 for the mark "FI", Cancellation No. 92054520.

                                                              TYRONE CRAVEN
                                                       Paralegal Specialist
                                      Trademark Trial and Appeal Board, for
                                                            DEBORAH S. COHN
                                                Commissioner for Trademarks

                            Service by Publication

   A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.

Fast Copi Centers, Inc., Miramar, FL, Registration No. 3003047 for the mark
"FAST COPI", Cancellation No. 92054261.

TransWorld Benefits, Inc., Newport Beach, CA Registration No. 3597198 for
the mark "ABOVE AND BEYOND", Cancellation No. 92054599.

                                                               AMY MATELSKI
                                                       Paralegal Specialist
                                      Trademark Trial and Appeal Board, for
                                                            DEBORAH S. COHN
                                                Commissioner for Trademarks
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 268 

Service by Publication Notice and Order Pursuant to 37 C.F.R. §11.24
                            Service by Publication
                 Notice and Order Pursuant to 37 C.F.R. §11.24

Preface

   David E. Fox was duly served on June 20, 2011, with: (1) a Request for
Notice and Order Pursuant to 37 C.F.R. § 11.24; (2) a Complaint for
Reciprocal Discipline Pursuant to 37 C.F.R. § 11.24; and (3) a certified
copy of the December 20, 2010 Opinion and Order of Disbarment issued by the
Court of Appeals of Maryland in Attorney Grievance Commission of Maryland
v. David E. Fox (Case AG No. 6) disbarring Mr. Fox from the practice of law,
striking his name from the Roll of Attorneys and practice of law as an
attorney on ethical grounds by duly constituted authority of the State of
Maryland. Those documents initiated a reciprocal disciplinary complaint
against Mr. Fox before the Director of the United States Patent and
Trademark Office (USPTO Director).

Service by Publication of Notice and Order Pursuant to 37 C.F.R. §11.24

   On September 6, 2011, the USPTO Director issued a Notice and Order
Pursuant to 37 C.F.R. §11.24(b) ("Notice and Order").  On September 6,
2011, in accordance with 37 C.F.R. §§11.24(b) and 11.35, the Notice and
Order, the Complaint, and the December 20, 2010 Opinion and Order of
Disbarment issued by the Court of Appeals of Maryland in Attorney Grievance
Commission of Maryland v. David E. Fox (Case AG No. 6) were attempted to be
served on Mr. Fox by first-class certified mail, return receipt requested,
to a street address in Washington, District of Columbia, which was the last
address for Mr. Fox known to the Director of the Office of Enrollment and
Discipline. The United States Postal Service (USPS) left a notice on
September 7, 2011, for Mr. Fox. It does not appear that Mr. Fox responded
to the USPS notice, nor does it appear that he received the September 6
mailing.

   Mr. Fox is hereby notified through this publication that he may obtain a
copy of the Notice and Order, the Complaint, and the December 20, 2010
order issued by the Court of Appeals of Maryland in Attorney Grievance
Commission of Maryland v. David E. Fox (Case AG No. 6) by sending a written
request addressed to: General Counsel, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

October 28, 2011                                            WILLIAM R.COVEY
                       Deputy General Counsel for Enrollment and Discipline
                    and Director of the Office of Enrollment and Discipline
                                  United States Patent and Trademark Office
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 269 

37 CFR 1.47 Notice by Publication
                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of one of the joint inventors.  The petition has been granted.  A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Anu Augustine) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63.  The international application number is PCT/AU2008/000519
and was filed on 14 April 2008 in the name of Alastair Stewart et al for
the invention entitled "Non-Steroidal Compounds".  The national stage
application number is 12/937,148 and has a date of 28 March 2011 under 35
U.S.C. 371(c)(1), (c)(2), and (c)(4).

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors.  The petition has been
granted.  A notice has been sent to the last known address of the
non-signing inventor, Gunnar Peters.  The inventor whose signature is
missing may join in the application by promptly filing an appropriate oath
or declaration complying with 37 CFR 1.63.  The international application
number is PCT/SE2008/050360 and was filed on 28 March 2008 in the names of
Ying Sun, Christian Skarby, Gunnar Peters, Kelvin Maliti and Krister
Norlund for the invention entitled Network Driven L3 Control Signalling
Prioritization.  The national stage application is assigned number
12/935,025 and has a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 20 May
2011.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all inventors.  The petition has been granted.  A notice has
been sent to the last known address of the non-signing inventor. The
inventor whose signature is missing (Quji Guo) may join in the application
by promptly filing an appropriate oath or declaration complying with 37 CFR
1.63.  The international application number is PCT/US2008/59669 and was
filed on 08 April 2008 in the name of Feng HONG and Quji GUO for the
invention entitled CLIENT INPUT METHOD.  The national stage application
number is 12/595,011.

                       37 CFR 1.47 Notice by Publication

   Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the inventors.  The petition has been granted.  A notice
has been sent to the last known address of the non-signing inventor. The
inventor whose signature is missing (Johan MALMQVIST) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63.  The international application number is PCT/SE2010/050036
and was filed 14 January 2010 in the names of Peter MALMQVIST, Conny HOLM,
Martin NILSSON, Johan MALMQVIST, and Lars KUMBRANDT for the invention
entitled METHOD FOR SPECTROMETRY FOR INVESTIGATION OF SAMPLES CONTAINING AT
LEAST TWO ELEMENTS.  The national stage number is 13/144,104 and has a 35
U.S.C. 371(c) date of 20 October 2011.
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 270 

Registration to Practice
                           Registration to Practice

   The following list contains the names of persons seeking for registration
to practice before the United States Patent and Trademark Office.  Final
approval for registration is subject to establishing to the satisfaction of
the Director of the Office of Enrollment and Discipline that the person
seeking registration is of good moral character and repute. 37 CFR § 11.7
Accordingly, any information tending to affect the eligibility of any of
the following persons on moral ethical or other grounds should be furnished
to the Director of Enrollment and Discipline on or before December 16, 2011
at the following address: Mail Stop OED United States Patent and Trademark
Office P.O. Box 1450 Alexandria VA 22314

Argentieri, Steven Robert, 3600 Mystic Valley Parkway, Apartment W1207,
Medford, MA  02155

Bell, William Brandon, 3333 Magnolia Hill Drive, Apartment 1404, Charlotte,
NC  28205

Berger, Dov Ari, 105 Bennett Avenue, Apartment 66B, New York, NY  10033

Campbell, James Michael, 2129 Commonwealth Avenue, Madison, WI  53726

Conda, Pravin, 27 Allison Drive, East Brunswick, NJ  08816

Coryell, Matthew William, 223 McLean Street, Iowa City, IA  52246

Deming, Mark Thomas, 2853 North Ashland Avenue, Chicago, IL  60657

Hilliard, Jessica Lynn, 14139 Camden Drive, Orland Park, IL  60462

Hitt, Benjamin Keith, 5154 Afton Way SE, Smyrna, GA  30080

Ishizaki, Ryuichiro, NEC Corporation, 850 N Randolph Street, #1332,
Arlington, VA  22203

Khouzam, Andrew Nashaat, 5623 Algonquin Way, San Jose, CA  95138

Kuncheria, Johnson Kuriakose, Baker Botts LLP, 2001 Ross Avenue, Suite 600,
Dallas, TX  75201-2980

Martini, Nicholas Vick, Fish & Richardson P.C., 12390 El Camino Real, San
Diego, CA  92130

Nofal, Christopher Paul, 222 East Pearson Street, Unit 307, Chicago, IL
60611

Pearlman, Anne Woodard, 909  E Broad Street, Apartment 619, Anthens, GA
30601

Shaw, Holly Christine, 3900 North 14th Street, Arlington, VA  22201

Yazicigil, Vanessa Lantz, 14814 NW Fawnlily Drive, Portland, OR  97229

November 1, 2011                                           WILLIAM R. COVEY
                       Deputy General Counsel for Enrollment and Discipline
                    and Director of the Office of Enrollment and Discipline
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 271 

Patent Public Advisory Committee Annual Report 2011

PATENT PUBLIC ADVISORY COMMITTEE ANNUAL REPORT 2011


United States Patent and Trademark Office

UNITED STATES PATENT AND TRADEMARK OFFICE

4 NOVEMBER 2011


PATENT PUBLIC ADVISORY COMMITTEE MEMBERS


VOTING MEMBERS
Damon C. Matteo
Chairman
Palo Alto Research Center
Palo Alto, CA 94304
 
Marc S. Adler (Term Expired 10/9/2011)
Marc Adler, L.L.C
Wynnewood, PA 19096
Ben Borson
Borson Law Group, PC
Lafayette, CA 94549
   
Louis J. Foreman
Enventys
Charlotte, NC 28202
Esther Kepplinger
Wilson, Sonsini, Goodrich & Rosati
Washington, DC 20006
   
Michelle Lee (Term Expired 10/9/2011)
Google
Mountain View, CA 94043
Steven Miller
Procter & Gamble
Cincinnati, OH 45232
   
Wayne Sobon
Rambus
Mountain View, CA 94043
Maureen K. Toohey (Term Expired 10/9/2011)
Toohey Law Group, LLC
Boston, MA 02110
   

NON-VOTING MEMBERS
Robert D. Budens
President
Patent Office Professional Association (POPA)
USPTO
Alexandria, Virginia
 
Catherine Faint
Vice President
National Treasury Employees Union (NTEU), Local 245
USPTO
Alexandria, Virginia
 
Vernon Ako Towler
Vice President
National Treasury Employees Union (NTEU), Local 243
USPTO
Alexandria, VA 22314


TABLE OF CONTENTS
  Section Title
  I   Introduction
    i
ii
PPAC Statute & Charter
Preamble & Guide
       
  II   Executive Summary: State of the USPTO
    1
2
3
4
5
6
7
Summary Observations & Recommendations
Finance, Budget and Fee Setting
Legislative: America Invents Act
IT & Infrastructure
Process Re-Engineering
International
Outreach
       
  III   USPTO Context & Strategy
    1
2
Snap-Shot: Current State Of The USPTO
Forward-Looking Vision: Strategic Highlights For USPTO
       
  IV   Topical Coverage
    1
2
3
4
5
6
Finance
Legislative & America Invents Act
IT Systems & Infrastructure
Process Re-Engineering
Outreach
International
       
  V   Appendices
    A
B
C
D
E
Transmittal Letter
Committee Membership
PPAC Statute (35 U.S.C. §5)
PPAC Charter
America Invents Act Excerpt
       

SECTION I - INTRODUCTION

 

I.i PPAC Charter

   

Statutory Charter

   

The Patent Public Advisory Committee ("Committee" or "PPAC") was created to advise the Director on the "policies, goals, performance, budget and user fees of the United States Patent and Trademark Office ("Office" or "USPTO") with respect to patents." The Committee’s duties include the preparation of an annual report ("Report") submitted to the President, the Secretary of Commerce, and the Committees on the Judiciary of the Senate and the House of Representatives. This Report has been prepared and duly submitted in fulfillment of that obligation.

   

The PPAC is established by statute under 35 U.S.C. §5, its formal Charter, and the Committee has some additional duties pursuant to have been amended and expanded under the newly passed America Invents Act. An excerpt of the relevant sections of each is appended to this Report for reference in Appendix C, Appendix D and Appendix E respectively of (Section V of this Report). Please also see the Executive Summary (Section II) and Legislation (Section IV.2) for further details on the PPAC’s role additional duties attendant to the America Invents Act and recommendations with respect to the implementation impact of the America Invents Act on this Committee.

     
 

I.ii Preamble & Guide

   

This Report is intended to provide the Committee's perspective and recommendations regarding the major operations of the USPTO and the external factors influencing those operations.

To facilitate review, you will find this Report organized into the following major sections and supporting collateral materials appended to the end in appendices:

  • Introduction (Section I) – A brief discussion of background and mission of PPAC.
  • Executive Summary (Section II) – A brief look at high-order objectives, issues, and recommendations.
  • USPTO Context (Section III) – An overview of the current context within the USPTO along with the forward-looking strategy and objectives for the Office.
  • Topical Coverage (Section IV) – In-depth examinations of key aspects of the USPTO's operations, performance, and broader innovation eco-system.
  • Appendices (Section V) – Supporting materials, Committee member information, and additional detail on reported topics.

Electronic versions (PDF & Section 508 compliant) will be made available on the PPAC section of the USPTO web-site (www.uspto.gov/about/advisory/ppac/). Additionally, this Report will be published in the USPTO Official Gazette in both electronic and hard-copy form.

Note: For additional information, and a complementary perspective on these topics, the USPTO produces its own, more exhaustive annual report which provides the USPTO's views on its operations and performance. The USPTO Annual Report will be available on the USPTO web-site (www.uspto.gov).

     

SECTION II – EXECUTIVE SUMMARY: State of the USPTO

 

II.1 Summary Observations & Recommendations

   

In reviewing the current state of the USPTO, two fundamental principles repeat themselves. The first is that funding, specifically the lack of adequate funding, has had a pandemic negative impact across the USPTO operations. Insufficient funding has constrained hiring, limited new initiatives targeting quality and pendency improvements, and even hampered efforts to bolster and replace a long since antiquated IT environment upon which most of the USPTO operations reside and upon which they rely. The second theme is that despite these funding issues, a rocky infrastructure foundation, and other constraints, the USPTO has still achieved meaningful progress against its goals on multiple fronts: including quality, pendency, and its IT infrastructure. The Committee commends the USPTO for making this progress, and in particular for doing so in the face of funding and resource constraints. However, the Committee strongly cautions against "punishing" the USPTO for these hard-earned successes by assuming that inadequate levels of funding will suffice, and that the USPTO can sustain such progress under prolonged funding shortfalls. Rather, status quo for funding puts both new initiatives and even current levels of performance at serious risk. The Committee strongly believes that both the continued progress on its new initiatives and even the maintenance of its current levels of operation require funding sufficient to the task. Adequate appropriations, and the fee-setting authority newly obtained under the America Invents Act together provide the basis, but not guarantee, of a sustainable funding model for the USPTO. The Committee further believes that an additional and integral part of the funding equation must include full access to all collected fees for the USPTO.

     
 

II.2 Finance, Budget & Fee-Setting

   

General Funding Implications: Funding at adequate levels continues to be a recurring theme across many aspects of the USPTO operations. Resources as varied as examiners and computer infrastructure all ebb and flow with available funding, and this in turn causes a ripple-effect that perturbs USPTO operations in the form of pendency and quality impact.

  • Full Access: Another recurring theme throughout this Report is that the Committee strongly recommends that the USPTO receive full access to all user fees, and sees this as key to the USPTO bolstering its infrastructure and continuing its progress in process and quality improvements.
  • Fee-Setting Authority: Upon enactment, the America Invents Act provided the USPTO with the ability to set or modify any fee established under the Patent Act in a fashion with recovering aggregate estimated costs for patent operations. This fee-setting authority should enable the USPTO to dynamically adjust to changing demand and resource requirements for patent services.
  • PPAC-Impact: As part of this new fee-setting authority under the American Invents Act, this Committee will have an expanded role which includes the review of these new fees, organizing public hearings on new fees, and providing feedback to the USPTO from the applicant community.
  • 15% Surcharge: This flat surcharge promises to increase USPTO revenue (subject to elasticity), and was widely supported by the applicant community in general as a vehicle for giving the USPTO additional revenue to fund needed programs and infrastructure. However, the key to maintaining that applicant good-will and the promised benefits hinges on the USPTO being able to retain full access to all of its fees. The applicant community supported what it believed to be a vehicle for improving USPTO operations, not an innovation tax with no clear benefit to the innovation community.
     
 

II.3 Legislative: America Invents Act

   

General Summary: With the passage of the America Invents Act, the USPTO will need to implement a number of changes to meet these new statutory requirements. Some of the provisions of relevant to the USPTO include First To File, Post-Grant Review, replacing Inter Partes Re-Examination with Inter-Partes Review, and Derivation Proceedings. In addition, the USPTO will be responsible for a series of studies on such topics as small business protection, misconduct before the Office and satellite offices. The Committee looks forward to working with the USPTO in developing process and procedures attendant to these new statutory obligations.

  • PPAC Impact: In light of the expanded role for the Committee under the America Invents Acts, the Committee strongly recommends that the current limitation of sixty days of service per rolling year, which arises under:
    • the PPAC Charter (§D.1); and
    • Federal conflict of interest laws applicable to Special Government Employees ("SGE"). [Note: The calculation of days worked is relevant to determining both SGE status and the extent to which the restrictions of 18 U.S.C. § 203 and 18 U.S.C. § 205 apply to a SGE.]
    stands, but be interpreted to allow a full eight hour day for each of the sixty days i.e., enabling each Committee member to work up to 480 hours on Committee business. Under the current time accounting methodology, as little as 15 minutes of work could constitute a "day", and in the worst case limit the Committee member to as little as 15 hours. The Committee feels this accounting methodology serves neither the USPTO, nor the innovation community at large. The Public Advisory Committees were constituted by statute (35 U.S.C. §5) and their role recently expanded under the America Invents Act as a signal of their import and contribution. The Committee feels strongly that re-interpreting the time-accounting methodology to allow for a full 480 hours of service enables the Committee to fulfill its original and new expanded role in the thoughtful, professional manner those obligations and the applicant community both deserve.
     
 

II.4 IT Systems & Infrastructure

   

Despite continued funding shortfalls for IT-related initiatives, the USPTO has made commendable progress on a number of fronts. In particular, by choosing an Agile-development model for rolling out new services and programs, the USPTO has the ability to incrementally address issues, enhance functionality, or add new services in an economical and phased way. This obviates huge front-end costs attendant to other development methodologies and obviate much of the risk as the projects can be dynamically adjusted, and efforts ratcheted up or throttled back as need requires and resources dictate. In addition, the OCIO has done a commendable job in establishing cross-functional workgroups within the USPTO to inform the definition, design and implementation of each of these new IT initiatives. Further, in addition to these internal stakeholders, they have reached out to the applicant community to gather their feedback about user-experience and objectives.

  • Issues: Again, funding has been and continues to be rate-limiting on much needed progress on an aging IT infrastructure and deficiency in up-to-date tools and resources for the USPTO. By way of example, the 2010 funding allocation for new IT systems was cut from $30M to $8M.
     
 

II.5 Process Re-Engineering

   
  • Process-Side: The USPTO has recently instituted a multi-phased process re-engineering effort, which will employ "Lean Six-Sigma" methodologies to improve efficiencies of its personnel and in its operations. In addition to targeting specific "symptoms" of inefficiency, they will more importantly be looking to explore and improve the deeper causes (culture, process, knowledge, etc…) of these inefficiencies.
    • Recommendations: Some of the areas the Committee encourages the USPTO to further explore and exploit in the near term for efficiency gains include:
      • Search: Providing examiners with an enhanced/federated search capability including a scalable "search assistant" to improve the speed, breadth, and accuracy of searches.
      • Improved Classification: Currently, about 15% of the cases taken in are transferred from their original Art Unit due to mis-classification. Refinements and clarifications in the Classification system could provide quick gains in efficiency and effectiveness for a USPTO struggling under a huge back-log.
    • Long-Term Recommendations: As the process improvement efforts progress through further stages, the Committee encourages the USPTO to continue its work on improving the user-office interface, obviating double-patenting and moving to electronic IDS submissions.
     
 

II.6 International

   

Among the other progress made on the international front e.g., SHARE, the USPTO has in particular made progress in the PCT applications attendant to the Patent Prosecution Highway ("PPH") effort, achieving an allowance rate on the order of double the normal route. We encourage the USPTO to continue to explore additional ways to achieve this kind of efficiency and quality gains in other international and domestic operational fronts.

     
 

II.7 Outreach

   

The USPTO has stepped up its pro-active education and awareness efforts on two fronts: America Invents Act and in service of independent inventors. In the spirit of this outreach, PPAC encourages the public to provide comments on AIA implementation or USPTO operations to PPAC and/or the USPTO.

     

SECTION III – USPTO CONTEXT & STRATEGY

 

III.1 Snap-Shot: Current State Of The USPTO

   

The USPTO plays a key role in fostering the innovation that drives job creation, investment in new technology and economic recovery, and in promoting and supporting the Administration’s priorities including the reduction of patent pendency and the backlog of unexamined patent applications. While spending authority reductions greatly impacted the USPTO’s ability to decrease patent pendency and the backlog, the USPTO succeeded in making progress by focusing on new methods and processes to increase efficiencies and strengthen effectiveness through collaboration, communication and transparency.

The USPTO has undertaken a series of initiatives to improve the speed and quality of patent processing in an ongoing effort to further strengthen its examination capacity. In addition, the USPTO has aggressively been reengineering many systems and processes including its internal information technology systems that are smarter, better, faster and stronger for all stakeholders. For the first time in several years, the USPTO was able to push the number of patent applications awaiting first action well below 700,000 – an important milestone indicating its initiatives are having a tangible impact. Another significant milestone the Agency surpassed this year was the issuance of its 8,000,000th patent. This is an important signal of the technological vigor and creative industry underpinning a healthy and highly-productive U.S. intellectual property system.

But even with all of this activity, the USPTO still faces enormous challenges. The America Invents Act will promote innovation and job creation by improving patent quality, clarifying patent rights, reducing the application backlog and offering effective alternatives to costly patent litigation. Implementation of the AIA’s provisions presents numerous challenges and various working groups have already been convened to roll out a staged implementation of the bill over the next 18 months. The USPTO plans to actively engage stakeholders to ensure that implementation is accomplished in a proper and timely manner. Most importantly, successfully implementing the funding provisions of the America Invents Act will allow the USPTO to manage fluctuations in filings and revenues while sustaining operations on a multi-year basis, which is critical in successfully addressing patent pendency, IT priorities and other Agency goals and objectives.

In looking ahead, the USPTO will continue to take the steps necessary to achieving its goal of reducing patent pendency and the backlog of unexamined patent applications by recruiting, training and retaining a highly skilled diverse nationwide workforce, building high-quality and efficient IT infrastructure and processes which provide examiners with the tools needed to efficiently and effectively perform their jobs.

     
 

III.2 Forward-Looking Vision: Strategic Highlights For USPTO

   

As it does every year, the USPTO advances its own strategic plan outlining its goals and objectives going forward for the next five years. This year's strategic plan for the USPTO sees many repeat objectives for its operations, including reductions in pendency and improvements in quality. However, the reappearance of these same objectives should not be taken to mean there has not been meaningful progress over the past year upon many of these goals already. Rather, it represents an ongoing commitment to improving these and other aspects of the USPTO operations and output. There is still significant work to be done on many of these objectives, and much of this progress hinges on receiving funding and resources adequate to the task.

Principal among these stated goals for the USPTO over the next five years are:

  • Pendency: In an effort to provide for the timely examination of patent applications, the USPTO has identified several principal and ambitious goals:

    • First Action on the Merits: The reduction of the average time to first office action on the merits for patent applications down to ten months (average FAOM pendency was 25.7 months in 2010).
    • Total Average Pendency: To reduce average total pendency for a patent application to 20 months from the time of filing to the final disposition of the application via issuance or abandonment (average total pendency was 35.3 months in 2010).

    In support of these goals, the USPTO plans to increase examination capacity by:

    • Examiners: The USPTO will continue its efforts to increase both the quantity and quality of new applicants that it brings into the examination corps.
    • Process: Process improvements focused on gaining efficiency and efficacy on both sides of the prosecution equation:
      • Three-Track: Making more efficient the examination process. By way of example the "Three-Track" examination process when fully implemented is designed to increase the efficiency and effectiveness of the examination process. Track One, prioritized examination, was implemented upon passage of the American Invents Act. The additional Tracks will come online in the future, and include an applicant-controlled delay of up to thirty months before docketing for examination i.e., Track Three.
      • First Action Interview: The USPTO has made this program available to all utility applications with the hope that these early interactions between applicant and examiner will increase the ease and clarity of later interactions resulting in increased quality and efficiency of the overall examination.

  • Quality: In service of improving the quality of its patent examination, the USPTO will implement or bolster several quality initiatives including:

    • Quality Metrics: The USPTO has implemented and uses a new Composite Quality Metric (in part, co-developed with the PPAC through public outreach efforts) to reflect and monitor broad and objective measures of quality in examination. The Composite Quality Metric also includes the Quality Index Report which tracks the actions examiners take in the prosecution of a patent – a timeline and history of examiner activity.
    • Outreach: In addition, the USPTO expanded its external outreach to the applicant community with its Patents External Quality Survey – soliciting feedback on various aspects of prosecution and user interactions with the USPTO.
    • Training: The USPTO will continue to update and enhance training of its examiner corps, including ISO-9001 certification for its new patent examiner training program.

  • Appeal & Post-Grant Processes: The PPAC understands that among the initiatives planned to improve the appeal and post-grant process is a significant expansion of the number of judges serving in the Board. While PPAC commends the effort to increase capacity in the Patent Trial & Appeal Board, the Committee encourages the USPTO to enhance feedback mechanisms from these proceedings to ensure a focus on constant process improvement.
  • Infrastructure: The USPTO will again be focusing efforts on improving its IT infrastructure and the quality of the tools provided to its examiner corps and to the public. A key principal in these efforts will be the simplification and consolidation of multiple aging systems, supplanting them with systems created with an agile-development model, and with cloud-based solutions.
  • Funding: The USPTO shares PPAC's concerns about access to adequate funding over the next five years. Many, if not all of these other important goals for the future – and even maintenance of current levels of operation – require the USPTO to receive sufficient funding.

SECTION IV – TOPICAL COVERAGE

 

IV.1 Finance

IV.1.1 Consistent Funding Stream & Full Access to Fees Are Essential

   

The USPTO performs the significant, important and beneficial role of examining and granting patents to inventors. It receives a continual flow of applications into the Office and in order to do its job effectively and to provide timely examination of the patent applications, the USPTO requires a consistent funding stream and full access to all of the fees it generates. Because of the large number of applications filed, the USPTO has needed to expand the Examining Corps and hire more Examiners to support the growth and to provide prompt and accurate examination to be useful to the applicants whose businesses depend upon the patent. Without consistent funding, the Office cannot make long-range plans for achieving its mandate including hiring or developing the infrastructure essential to meet the demand for its services.

The lack of access to all user fees collected cripples the agency and negatively impacts the ability of the USPTO to do its job. The USPTO receives no tax revenue but instead generates all of its revenue through user fee. Thus, when the Office receives a patent application, it also generates fees associated with that application that are required in order to fund the examination of that application. Without a sustainable funding model to support operations, if the Office receives applications but does not have access to the fees associated with that application, the Office must make difficult financial decisions to cut spending or allow that application to sit until it receives the money that will allow it to examine the application. This creates backlogs of unexamined applications and increased pendency of the applications stemming from inability to hire Examiners and provide the support and services necessary to accomplish the mission of the USPTO.

High quality and timely examination of patent applications require not only the highly skilled personnel but also world class tools and electronic programs to support them in their jobs. Today the availability of information through electronic media is absolutely critical to successful examination of patent applications. The OCIO is desperately in need of funding to update critical systems and replace the aging and outdated equipment currently supporting the Examining Corps. In fact, the replacement is long overdue and the agency is running with a serious possibility of critical failures should the equipment not be replaced soon. The USPTO is entirely dependent upon electronic systems so their failure could be catastrophic to the Agency’s operations.

Therefore, the PPAC strongly recommends that the budget of the USPTO reflect current estimates of paid applicant fees during the Fiscal Year 2012 budget cycle.

     
 

IV.1.2 Effects of Budget Cuts & Funding Limitations during Fiscal Year 2011

   
  • IT Systems & Infrastructure (OCIO): Limited funding in FY 2011 caused the OCIO to delay various improvements and services to the employees they support, which translates into decreased efficiency of the Examiners and consequent poorer and slower service for the public.
  • Patents Business Unit: Limited funding in FY 2011 required the USPTO to postpone several strategic initiatives, such as, achieving 10 months patent first action pendency in the scheduled timeframe, achieving 20 months patent total pendency in the scheduled timeframe, implementing the Three-Track Examination (including the Track 1, prioritized examination), and Nationwide Workforce, and reducing the contracting for Patent Cooperation Treaty (PCT) Chapter I prior art searches. These postponements have significant impacts on Applicants as it delayed pendency reduction and reduced timely completion of PCT applications, undermining USPTO’s progress on their strategic goals and diminishing the ability of businesses to receive patents and commercialize their inventions
     
 

IV.1.3 Provisions of America Invents Act

   

The authority of the USPTO to set and adjust its fees is very important to permit a flexible, agile adjustment to changing patterns or dynamics that occur in the workload of the USPTO. Fee setting authority will allow the USPTO to tailor fees and programs to meet the changing needs of patent applicants. As was demonstrated two years ago, economic downturns can affect the timing of payment of maintenance fees reducing the Office collections. Since the user fees are the only source of income for the USPTO, such a reduction in fee collections can lead fiscal difficulties if the Agency has not developed a sustainable funding model for long-term operations.

Another provision of the AIA provides a 15% surcharge on many of the existing patent fee schedule, which gives the Agency a significant allowing it to continue reducing its backlog and decreasing pendency. This is an important feature that enables the Agency to generate additional revenue until it develops and implements anew fee schedules.

The ability to set fees and implement a 15% surcharge on existing fees has been endorsed by the user community but only if the USPTO is given full access to all its fee collections. The users do not endorse increases in their fees for patents if that money is funneled away from the agency. Access to less than all fees collected would be considered an unfair tax on innovation for those individuals creating businesses and jobs for the United States, which in turn contribute to the economic growth of the country.

The country is currently engaged in efforts to reduce the national debt and identify programs which can be cut or reduced to contribute to the debt reduction. During this important work, it is essential that the USPTO fees be excluded from these discussions since these fees do not stem from regular tax revenues but rather are separately paid to receive a very specific service in exchange- that is, the examination of a filed patent application. Therefore, the PPAC very strongly recommends that the USPTO be exempt from consideration by the Budget Super Committee.

The USPTO is a fee funded agency of the Department of Commerce, subject to the annual appropriations process. While the Office accurately forecasts expected revenues within a few percent, actual applicant receipts can vary, and the Office can collect fees in excess of budget within a given year. Again, it is a matter of simple fairness to the applicants who pay those fees and essential to the successful accomplishment of its goals and mandate, for the Office to have access to those excess fees. Full access to the entire revenues generated by the USPTO could most effectively be accomplished with the creation of a revolving fund from which the USPTO can access these fees with minimal request requirements. The ability to forecast anticipated revenues and develop and implement long-range plans to accomplish them is critical to an agency tasked with delivering a service so essential to the economic health of the country. The highly skilled employees and sophisticated tools required to successfully examine the highly technical patent applications demand consistent funding for maintenance and further development and enhancements.

The AIA requires significant investment by the USPTO in dollars and personnel for implementing the programs, provisions and studies set forth in the legislation section of this Report. Enacting this significant new legislation without associated revenues undermines not only the Agency’s ability to successfully implement the legislation, but also the ability of the Agency to maintain its core functions. Since the legislation must be implemented, the Agency would have to cut other functions if insufficient funds were made available. As a consequence, both backlogs and pendency likely would increase and quality could decrease.

Another aspect of the legislation associated with the new fee-setting authority are provisions that create new roles for the PPAC in reviewing the fee-setting proposals and the extensive new rules that will be generated by the USPTO to implement the new programs provided by the legislation. The PPAC has only a limited amount of time allocated to the performance of its duties and these new duties are added on top of existing roles.

     
 

IV.1.4 Committee Finance Recommendations

   

Based upon the above funding issues, amplified by the significant impact funding has on the operations and output of the USPTO, the Committee recommends the following:

  • Full Access: The USPTO should receive full access to all collected fee revenues.
  • Budget Integrity: The USPTO should receive the full amount from its 2012 budget.
  • Super Committee Exemption: Exempt the USPTO from consideration for funding reductions by the Budget Super Committee.
  • Revolving Fund: Provide simple access to excess collected fees through a revolving fund to provide for continuity, investment and contingency funding or the USPTO.
 

IV.2 Legislative & America Invents Act

IV.2.1 Overview

   

Legislative issues have been a significant focus for the Office and the Committee during this fiscal year, and with the enactment of the America Invents Act on September 16th, promise to be a major focus, presenting both significant challenges as well as opportunities, for the Office and the Committee, in the upcoming year.

The America Invents Act has been called the most significant change to United States patent law since the Patent Act of 1952. Along with important changes to our patent laws come key changes to the Office’s funding and procedures. The Office and the Committee are committed to ensuring that these changes are implemented in the most appropriate manner to continue the improvements that the Office has made over the past year. One of the most critical issues to proper implementation of the American Invents Act, and to the overall operations of the Office, is funding and the USPTO's ability to access revenue it receives from the fees it collects.

As discussed in more detail below and in the Finance Section, the American Invents Act provided for a 15% surcharge on most existing patent fee effective as of September 26, 2011 and the authority for the Office to set and adjust its fee schedule by regulation, to align fees in a timely, fair, and consistent manner that tailor its fees to the needs of the Applicants as well as the Office. Neither of these changes, however, helps the patent system unless the Office is given full access to its Applicant-generated fees. Moreover, without full access to these Applicant-generated fees, the Office’s implementation of the American Invents Act could be very negatively impacted.

     
 

IV.2.2 Fiscal Year 2011 Continuing Resolution

   

The Office operated under a Continuing Appropriations Act, which was signed by the President on April 15, 2011 (Public Law 112-10) – for all of the FY 2011. Under this Act, the appropriations for the Office were limited to $2.09 Billion, although it is currently estimated that Applicant-generated collections exceeded this appropriation by approximately $270 Million.

As discussed in greater detail in the Finance Section, limiting the appropriation to $2.09 Billion forced the Office to make a number of difficult decisions, including slowing the hiring of new patent examiners, limiting over-time pay that is used to reduce patent application pendency, slowing (and in some cases stopping) strategic plan initiatives, such as the Nation-wide Work Force, Three-Track Examination and Contracting for Patent Cooperation Treaty (PCT) Chapter I search reports, as well as much-needed IT infrastructure improvements.

As a result, the USPTO has been operating at a level noted to be about 10% below its FY 2011 budgetary requirements. Most notably, the USPTO has not been adequately funded to reduce patent pendency to 10 months for first office actions and 20 months total pendency by 2014 and 2015 as noted in the Strategic Plan. Instead, these targets will now be met in 2015 and 2016 respectively.

     
 

IV.2.3 Fiscal Year 2012 Funding

   

The budget and appropriations for FY 2012 remain uncertain. FY 2012 began with the Office being funded under a Continuing Resolution, which is holding FY2012 appropriations to the level of FY 2011 appropriations. This means that the initial appropriations for FY 2012, and through the period of the Continuing Resolution, would be $2.09 Billion. This would, once again, force a number of difficult decisions for the Office, such as potentially continuing the cost-cutting measures utilized in FY 2011. This potential impact to Office operations is all the more concerning for FY 2012 in light of the enactment of the America Invents Act. As discussed below, the Office will be required in FY 2012 to develop and implement the numerous provisions of the Act, including many new Rule Making packages, complete the studies set forth in the Act, and incur significant other impacts to Office operations, which will be all the more challenging without sufficient appropriations.

Upon passage of a Federal Budget, it is currently believed that the Office will be given an appropriations amount equal to the fee collection estimate for the year, which would allow for the resumption of some of the activities slowed or stopped by FY 2011 appropriation limitations. There are a number of issues, however, that could impact this estimate appropriation.

It is imperative that the Office be given access to its full Applicant-generated fees to allow the initiatives started by the Office in key areas, such as the reduction of patent application pendency, work force initiatives, and IT infrastructure improvement, to continue.

     
 

IV.2.4 America Invents Act

   

The implementation of the America Invents Act will be a key focus for both the Office and the Committee in FY 2012 and beyond. While the Office and the Committee are committed to ensuring that these changes are implemented in the most appropriate manner, one of the most critical issues to proper implementation, and to the overall operations of the Office, is funding. This section will briefly outline the key provisions of the Act, the time frame associated with the change, and implementation required by both the Office and the Committee.

  • Major Provisions Impacting Office Funding: There are several important provisions to the America Invents Act that impact Office funding:

    • 15% Surcharge: The America Invents Act provides for a 15% surcharge on major patent fees within the existing fee schedule effective as of September 26, 2011. This surcharge has been widely endorsed by the Applicant community, but this endorsement relies almost entirely on the ability of the Office to maintain full access to these additional fees.

    • Fee Setting Authority: The America Invents Act gives the Office the authority to set its own fee schedule for any fee established, authorized, or charged under the Patent Act as part of its Rule making process, rather than requiring a legislative process. Fees may be set or adjusted to recover the aggregate estimated costs to the Office for processing, activities, services, and materials relating to patents, including administrative costs of the Office with respect to such patent fees. This fee setting authority is necessary to give both the Office and the Applicant community the agility and flexibility to set and adjust fees by regulation to properly establish and align fees in a timely, fair and consistent manner without the inherent time impediments of the legislative process.

      The fee setting authority commenced immediately upon enactment, but given the procedural requirements of the Act, the process to set fees may take between 12 months and 18 months. Prior to any fee change, there will be an internal comment period (including review by the Committee), public hearings, and publication for comment of the proposed fee changes.

      The Committee will have an expanded role regarding fee setting under the Act. The Committee must review the proposed fee change prior to the publication of the proposed fee change in the Federal Register and provide comments, hold a public hearing regarding the proposed fee change, and issue a report with comments and recommendations that must be considered by the USPTO prior to setting or adjusting the fee. The Committee looks forward to this new role and hopes to assist the Office and the Applicant community to establish the most appropriate fee structure for all stakeholders.

    • Full Access to User Funds: The America Invent Act does not guarantee full access to Applicant-generated fees, as discussed above, but does create a “Patent and Trademark Reserve Fund” into which all fees in excess of the appropriated amount would be deposited. Fees in the reserve fund are available only for Office operations, but these funds are only made available to the Office “to the extent and in the amounts provided by the appropriations Act.” The possible lack of full access to Applicant-generated fees is a significant concern for the Office and the Committee.

    • AIA Funding Recommendation: The Committee most strongly recommends that the Office be given full access to its Applicant-generated fees in order to continue the day-to-day operations of the Office and to implement the numerous changes to Office procedures required by passage of the America Invents Act. Forcing the Office to implement the America Invents Action without full access to its Applicant-generated fees would create an untenable situation that jeopardizes many of the Office initiatives, as well as the proper implementation of the America Invents Act. Again, it is important to emphasize the Applicant endorsement of the 15% surcharge and Office fee-setting authority is premised upon full access to Applicant-generated fees and any lack of such full access to Applicant-generated fees is likely to cause a significant backlash from the Applicant community.

  • Major Provisions Impacting Patent Operations

    • First Inventor to File/Grace Period: These provisions change the U.S. system such that entitlement to a patent is granted to the first-inventor-to-file for a patent. This change largely conforms U.S. law to the rest of the world. A number of changes to the Manual of Patent Examining Procedure (MPEP) is required to implement this provision, including changes to the definition of prior art and the elimination of interference proceedings as these changes phase in over time. Significantly, the Act provides derivation proceedings, a mechanism by which a petitioner who is currently a patent applicant can seek cancellation or refusal of the claims in an earlier patent or application if an inventor named in the earlier patent or application derived the invention from the petitioner and filed the earlier patent application without authorization by the petitioner.

      These provisions are effective eighteen (18) months after enactment of the Act (i.e., March 16, 2013). Rule Making is not apparently required for implementation of the basic change to first-to-file, but the Committee looks forward to working with the Office to issue Applicant and Examiner guidance relating to these changes and rulemaking will be required for implementation of the companion derivation proceedings.

    • Public Citation of Prior Art: A third party may submit references and a concise statement of the relevance of each reference to the USPTO while a patent application is pending. The submission will be entered into the record for consideration by the examiner. The deadline to submit references is the earlier of (1) a Notice of Allowance or (2) the later of six months from publication or the issuance of a first office action rejecting a claim.

      For third party submission of prior art, the America Invents Act requires the USPTO Director within one year after the date of enactment to issue rules to implement these procedures. These rules will require public notice and comment.

    • AIA Operational Recommendation: The Committee looks forward to working with the Office to help develop rules to most appropriately implement these new procedures.

  • Major Provisions Impacting Patent Trial and Appeal Board

    • Post-Grant Review Procedures: Post-grant review provides an opportunity to challenge the validity of recently issued U.S. patents, during the first 9 months after issuance. All issues of patent invalidity may be considered in addition to prior art, such as lack of enablement or written description. Parties must show that it is more likely than not that at least one claim is not patentable, or that there is a novel or unsettled legal question that is relevant to other patents and applications. Parties are estopped from raising in civil litigation or International Trade Commission proceedings any issue that was raised or could have been raised in post-grant review. The America Invents Act requires the Office to issue regulations for these procedures within one year after the date of enactment.

    • Inter Partes Review Procedures: Replacing inter partes reexamination, inter partes review will be limited to grounds of anticipation or obviousness based on prior art patents or publications. Parties are estopped from raising in civil litigation or International Trade Commission proceedings any issue that was raised or could have been raised during inter partes review. The America Invents Act will require the Office to issue regulations for these procedures within one year after the date of enactment.

    • Derivation Proceedings: An Applicant may file a petition to institute a derivation proceeding in the Office, setting forth the basis for finding that an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioner’s Application and, without authorization. Any such petition may be filed within the 1-year period beginning on the date of the first publication of a claim to an invention that is the same or substantially the same as the earlier application’s claim to the invention. Upon the institution of a derivation proceeding, the Patent Trial and Appeal Board shall determine whether derivation occurred and, in appropriate circumstances, the Patent Trial and Appeal Board may correct the naming of the inventor in any application or patent at issue.

      Implementation of the Derivation Proceeding will require Rule Making. It is important to note that First-inventor-to-file is not effective until March 16, 2013 (eighteen months after enactment of the Act), but, because a derivation proceeding necessarily involves an application filed after this transition, the first derivation proceeding is not envisioned for some time thereafter.

    • AIA Patent Trial & Appeal Board Recommendation: The Committee looks forward to working with the Office to formulate Rules packages that most appropriately implement these new proceedings. In particular, the Committee welcomes new Chief Judge James Smith and is prepared to assist him with his efforts in implementing these changes. The Committee, however, remains concerned that without full access to Applicant-generated fees, the personnel and other resources necessary to properly implement these new procedures will further detract from the personnel and resources required to carry out the day-to-day operations of the Office and continue to work to eliminate the back-log of patent applications.

  • Overview of Studies and Programs Established by the America Invents Act: The America Invents Act also provides that the Office be the lead agency for conducting a number of studies on the following topics:

    • Overview of Studies:

      • International Protection for Small Businesses, reporting on how to help small businesses with international patent protection, including a revolving fund loan or grant program to defray costs, due date 4 months from enactment;
      • Prior User Rights, reporting on the operation of prior user rights in other industrialized countries, due date 4 months from enactment;
      • Genetic Testing, reporting on providing second opinion genetic diagnostic testing, due date nine months from enactment;
      • Misconduct Before the Office, reporting on the impact of new statute of limitations provisions barring disciplinary action in response to substantial evidence of misconduct before the Office, due date every 2 years;
      • Satellite Offices, reporting on the rationale for selecting the location of satellite offices, progress in establishment, and achieving identified purposes, due date 3 years from enactment.
      • GAO NPE Study Section 34 Reference

    • Overview of Programs:

      • Virtual Marking, reporting on the effectiveness of the virtual marking as an alternative to physical marking articles, due date 3 years from enactment; and
      • Implementation of AIA, reporting on how the AIA is being implemented by the USPTO and its effect on innovation, competitiveness and small business’ access to capital, due date 4 years from enactment;
      • In addition, the Office will consult on two additional studies. One on the effects of first-inventor-to-file on small business with lead agency being the Small Business Administration. The other on patent litigation with the lead agency being the Government Accountability Office.

    • AIA Study & Program Recommendation: The Committee encourages the Offices efforts to conduct these studies and programs to better understand the potential impact of the America Invents Act and other issues on the Applicant community and looks forward to assisting the Office in conducting these studies and programs. Once again, however, the Committee remains cautious about the impact that these studies and programs may have on the personnel and resources required to carry out the day-to-day operations of the Office and continue to work to eliminate the back-log of patent applications without full funding. The Committee also recommends that consistent with such resource constraints, that the Office ensure that full and fair hearings and involvement of relevant stakeholders be made for each such study.

  • Office & PPAC Efforts Regarding Small Entities & Individual Inventors

     

    While the America Invents Act will have a significant impact on all Applicants, the Committee is particularly interested in the impact of these changes on small entities and individual inventors, because this group typically has less resources available to fully understand and quickly respond to the numerous changes in the America Invents Act. As discussed in greater detail in the Outreach Section, infra, the Office, assisted by a number of the members of the Committee, has taken numerous steps to educate the individual inventors of the impact of these changes. The Committee encourages this outreach to better provide assistance to individual inventors and smaller entities.

     

    The America Invents Act also contains provisions directed to individual inventors and other small entities. In addition to the Studies and Programs described above and in the Outreach Section, the Act provided for the immediate establishment of a “micro-entity” category that allows for reduced fees for certain Applicants. Prior to enactment of the Act, there was a 50% reduction in fees for Small Entities, under 35 U.S.C. § 41(h)(1). The Act maintained that 50% reduction in fees for these Small Entities and created a 75% reduction in fees for an Applicant that qualifies as a Micro Entity under 35 U.S.C. § 123 (as added by the Act). The Micro Entity qualifications include the number of applications previously filed by the inventor and the income of the inventor.

  • Impact of the America Invents Act on the Committee

     

    As discussed above, the enactment of the America Invents Act creates an expanded role for the Committee with respect to the Office’s new fee setting authority, requiring the Committee to review the proposed fee change and provide comments, hold a public hearing regarding the proposed fee change, and issue a report with comments and recommendations that must be considered by the USPTO prior to setting or adjusting the fee. Moreover, enactment of the Act also increases the volume of anticipated work under the Committee’s existing advisory role regarding implementation of many other provisions of the Act. Given this expanded role and increased workload, the Committee is concerned with its statutory time restrictions.

     

    Currently, pursuant to the:

    • PPAC Charter (§D.1); and
    • Federal conflict of interest laws applicable to Special Government Employees ("SGE"). [Note: The calculation of days worked is relevant to determining both SGE status and the extent to which the restrictions of 18 U.S.C. § 203 and 18 U.S.C. § 205 apply to a SGE.]
     

    The Committee is limited to sixty (60) days of Committee work per member per fiscal year. Because a day has been interpreted as any day on which a Committee member spends 15 minutes or more on Committee business, this limit imposed a sever burden on each member of the Committee and on the work of the Committee as a whole. While the members of the Committee attempt to schedule a number of Committee activities for the same day to better utilize this 60-day limit, this is not always possible given the volume of work and short turn-around times often required by the Act and requested by the Office.

     

    Accordingly, the Committee strongly recommends that this limitation be adjusted to allow the members of the Committee to fulfill their obligations in a more thoughtful and professional manner. Specifically, the Committee recommends that the 60-day limit be maintained, but that the definition of a “day” should be changed to a full 8-hour day. Thus, rather than have as little as 15 hours per year for Committee work (60 days times 15 minutes per day) each rolling calendar year, each Committee member should be permitted to work up to 480 hours of Committee service per rolling calendar year.

     
 

IV.2.5 Telework Enhancement Act of 2010

   

The Telework Enhancement Act of 2010, Public Law 111-292 (H.R.1722, 111th Congress), includes provisions to enhance Telework throughout the Government as well as Office-specific provisions. The Office has formed an Office Oversight Committee to assist in best implementing the Office's new flexibility to expand its current Telework program, including, specifically, the waiver of the "twice a bi-week" reporting requirement. By lifting this bi-weekly reporting requirement, it is hoped that the Act would help the Office to recruit and retain its highly skilled workforce both within the 50-mile radius and throughout the United States, while minimizing the costs associated with workforce expansion.

     
 

IV.2.6 Major Rules Packages Promulgated by the Office in Fiscal Year 2011

   

In addition to any Rules packages required by enactment of the America Invents Act, the Office issued a number of major Rules packages during FY 2011, as follows:

  • Therasense/Rule 56 Disclosure Requirement: The Office published a Federal Register notice proposing that the Office conform its materiality standard for complying with the duty of disclosure to that set forth by the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co., ___ F.3d ___ (Fed. Cir. 2011). The Office stated in the Notice that it believes having one standard for both patent prosecution and patent litigation will make it easier for applicants and attorneys to comply. The new standard will require applicants to submit information and references that are clearly material to the patentability of patent claims, but should keep them from over-submitting references of marginal importance.

    The Notice states that the Federal Circuit granted a safety net from the straight “but for” test. The Federal Circuit’s test, often characterized as “but for plus”, deems information material if the patent claims would not have issued “but for” the withholding of the information from the Office or if the conduct in withholding such information constitutes “affirmative egregious misconduct.” The Office requested comments to this proposed rule change by September 19.

  • Patent Term Adjustment: On April 6, 2011, the Office announced proposed changes to the Patent Term Adjustment (PTA) rules that would award PTA for Office delay when an Examiner reopens prosecution after a notice of appeal has been filed. The Office proposed treating an examiner's decision to reopen prosecution after a notice of appeal as a "decision in the review reversing an adverse determination of patentability" under 35 USC § 154(b)(1)(C)(iii). Accordingly, the PTA award "would equal the number of days in the period beginning on the date on which a notice of appeal . . . was filed . . . and ending on the date of mailing of the Office action under 35 USC § 132 or a notice of allowance under 35 USC § 151."

  • Prioritized Examination (Track 1): The USPTO has issued rulemaking supporting the implementation of "Track I" of the three track examination program announced last year. The Office is still considering public comments on other aspects of the three-track program, but has moved forward with Track I as required by the America Invents Act within 10 days of its enactment. Applications accepted into Track I are accorded special status and placed on the Examiner's special docket throughout prosecution before the Examiner (but not the Board), with the goal of providing a "final disposition" within twelve months. An application must meet certain requirements to qualify for fast-track examination and responses must be filed without taking an extension of time to retain fast-track status.

     
 

IV.2.7 Committee Legislative Recommendations

   

The implementation of the America Invents Act will be a key focus for the Office and for the Committee in FY 2012 and beyond. While the Office and the Committee are committed to ensuring that these changes are implemented in the most appropriate manner, one of the most critical issues to proper implementation, and to the overall operations of the Office, is funding. The Committee most strongly recommends that the Office be given full access to its Applicant-generated fees in order to continue the day-to-day operations of the Office and to implement the numerous changes to Office procedures required by passage of the America Invents Act. Forcing the Office to implement the America Invents Action without full access to its Applicant-generated fees would create an untenable situation that jeopardizes many of the Office initiatives, as well as the proper implementation of the America Invents Act.

     
 

IV.3 IT Systems & Infrastructure

IV.3.1 Overview

   

In this Section of the Report, the PPAC describes the progress made and recommendations for improving patent examination and processing at the USPTO. We will address the information technology (IT) system as a whole, as being improved under the Office of Chief Information Office (“OCIO”), and as being implemented by individual teams tasked with Process Reengineering (“PRE”). The OCIO and Process Reengineering teams are working in parallel and in collaboration to identify and remedy deficiencies in the current patent processing systems.

     
 

IV.3.2 Missions of the OCIO & Process Re-Engineering Teams

   

The USPTO has embarked on an Agency-wide effort to identify inefficiencies and unnecessary delays in many operations. The overall goal of this effort is to provide more timely and high quality processing of applications from filing through issue and beyond. Improvements in processing could improve quality of the patenting process and lead to more rapid creation of companies to take advantage of our culture of innovation. Central to this mission is the creation of a modern information technology (IT) infrastructure that will be the framework for improvements in processes within the Office.

The Patent Office originally based its operations on a large number of physical files (“shoes”). Patent examination required Office personnel to take physical possession of each file, carry out the different processes (classification of claims, prior art search, examination, drafting of Office Actions, responding to Applicants’ replies to the Office Actions, and ultimately, issuance of a paper patent to the patentee). Although this approach worked in the 1800s and early 1900s, it became apparent that reliance on physical files was outdated, slow and unable to keep pace with the filing of patent applications in the 20th century. As a result, the Office processes had to be updated.

During the 1980s and 1990s, the Office created an IT system based on electronic images. The result of moving to an electronic, image-based system enabled the Office to move away from the physical file as the primary source, and instead, to use then-modern computer-based processes still in use today. Although the move to an IT based system improved patenting processes, image-based systems do not permit use of 21st century IT technology. Therefore, even with the improvements already in use, the number of patent applications has increased dramatically, and the Office suffers from a backlog of unexamined applications. Although the computer systems now in use have permitted increased efficiencies, image-based systems suffer many of the same problems as the old physical file system.

Instead of attempting to remedy the above problems through incremental improvement in the image-based system, the OCIO has devised an overall structure for a new IT system based on interactive, text-based system (e.g., using extensible markup language, “XML”, the data format of the internet). An interactive, text-based system would permit Office personnel to use modern IT hardware and software to produce a system that is scalable and flexible, and that does not lock the Office into outdated technology.

Agile development methodologies have been implemented by a number of private companies and organizations, and there is an increasing body of knowledge about successful Agile development. The current Chief Information Officer brings years of experience in Agile development to the USPTO, and has been successful in identifying basic needs for a new, text-based IT system. As the prototype system becomes implemented for patent reexamination (the Central Reexamination Unit “CRU”) Office personnel are learning the advantages of text-based processing. As other units in the Office integrate into the new IT infrastructure, Agile development permits a much more rapid and effective use of Office personnel.

We believe that the USPTO is using industry best practices, developing the new IT system iteratively, allowing both for immediate benefits of the system and the ability to adapt to rapidly changing needs of the user base. In addition to using an agile development approach, the OCIO is leveraging a Service Oriented Architecture (SOA) allowing separate applications, or services, to be integrated into the system and used across the Office. If well-implemented, such a system should be free from constraints of legacy systems, be flexible, scalable, and leverage modern technologies, use open standards, and be well documented and readily supported.

As a result of the “modular” system design allows through SOA, it will be easier to monitor, evaluate, modify, or replace a particular application, if and when modifications or replacements are needed. Through a series of Agile iterations, additional functionality will be delivered and examiners are expected to begin using the new tools in FY 2012. Although these are ambitious goals, the PPAC is pleased that such substantial progress has already been made.

Although moving to a text-based IT system has been done by many organizations, the large scale of the USPTO operation, and the public nature of the process seems to have limited the speed of its implementation.

One key element is funding, which is rate limiting. The Committee notes that during 2010, funding for the new IT system was cut from $30 million to $8 million. This dramatic reduction in funds has stifled many needed initiatives, including implementation of improved hardware and software. Without significant resources applied over a sufficient time period, the development of any new IT system is necessarily delayed. At this critical time in creation of the new IT system, the Committee believes that such cuts are counterproductive and will result in significant delays in improving the patent system, with the potential consequent threat to the United States’ position in the World innovation ecosystem.

     
 

IV.3.3 IT Systems & Infrastructure Progress In 2010-2011

   

Since our last Report, the PPAC has noted that substantial progress has been made in the following areas.

  • Improve IT Infrastructure and Tools

    • Establish Cost-Effective, Transparent Operations: The USPTO 2010-2015 Strategic Plan calls for establishing a cost-effective, transparent system for patent office operations. The PPAC applauds this effort and agrees that the current plans for establishing such a system have already shown improvements and will continue to be very useful to USPTO personnel and users. The new system will accommodate internal and external users’ abilities to rapidly gain access to information about patents, the patenting process, and to effectively communicate with each other.

    • IT Systems & Infrastructure: During 2010-11, the OCIO and IT development team have made significant progress in spite of the reduction in funding. Progress has been made in deploying new hardware, software and training. This progress has led to creating of a prototype IT system that is being implemented in the Central Reexamination Unit (CRU) to support reexamination of patents.

      The USPTO has provided patent examiners with new desk-top hardware, modern laptop computers that have the capacity to run current software and are compatible with newly developed software developed using agile processes. As of the end of the fiscal year, the OCIO has deployed over 5,000 Universal Laptop (UL) computers, particularly within the Office of the Chief Financial Officer (CFO), OCIO and Office of General Counsel (OGC). Additionally, deployment of the ULs in Technology Centers (TCs) 1600, 2900, 2100 and 2600 have been completed, and TCs 2800 is in progress. The Committee believes that completing the rollout of the new hardware and software is crucial for providing proper platforms for examiners to carry out day-to-day tasks, training and buy-in from Office personnel.

      The Office has added additional service desk agents to handle Examiner’s concerns about the IT system. The average time required to answer such calls has been reduced from about 8 minutes per call to less than about 1 minute. The OCIO is also working with business unit management to implement an Automated Problem Service capability to further reduce time spent on problem calls by Examiners.

      Periodically during 2010, the USPTO IT system has been hard pressed to keep up with the increasing needs of Office personnel. Examiners have experienced significant delays in using the current IT system, particularly during days of heaviest use. The OCIO has identified some of the factors resulting in such delays and are taking remedial action.

      The PPAC appreciates the OCIO and the USPTO’s assessment that the current image-based IT system is in need of replacement. Personnel engaged in this effort worked in a collaborative fashion with others at the USPTO to identify and implement a new IT structure. Since our last report, the OCIO has determined that instead of using an outside integrator to develop the basic architecture needed to support Agile development, this process is more efficiently carried out within the Office. This has permitted the Office to create a basic IT architecture better suited to the particular requirements of the USPTO.

      The Committee recommends continuing the development of a text-based IT system using Agile, and looks forward to further implementation of ULP in all TCs and for implementation of modules to address the significant Process Reengineering challenges facing the USPTO.

    • User Experience & Tools: During the past year, the OCIO and USPTO have been working with PPAC to identify and develop ideas for improving the experience of users and to develop IT tools that will further the goals of developing efficient, cost-effective operations. We have seen development of surveys to be submitted to outside stakeholders to solicit ideas about new services and features to be provided. Outside stakeholders also provide feedback concerning ongoing efforts to provide improved services to Applicants. The Committee believes that such outreach is vital to ensure that the new IT systems meet user requirements and keep up to date. The PPAC thanks the OCIO and USPTO for these efforts, and we are willing to provide any assistance.

      • Internal Stake-Holders: There are two on-going activities. One focuses on internal stakeholders (Examiners and other USPTO personnel “Inreach”). This effort has resulted in formation of an IT re-engineering team that provides input on designs and tools that will be useful for USPTO personnel. The Committee believes that internal aspects of the reengineering project are likely to have significant impacts on external stakeholders. For example, the PPAC recommends that the USPTO investigate and implement procedures that would reduce the number of individuals that must “touch” a patent application during processing. Reducing the number of transfers of applications between individuals and working groups will reduce delays in processing applications.

        During the past year, the USPTO has implemented use of Examiner Surveys as part of its program to improve patent examination quality and reduce pendency. As use of such tools become more widely used within the Office, the Committee believes that inefficiencies can be identified and best practices be further developed.

      • External Stake-Holders: The second activity focuses on needs of external stakeholders (Applicants and members of the public, “Outreach”). The PPAC has provided initial suggestions for tools useful for external stakeholders. In one effort, the PPAC in coordination with external stakeholders developed a survey that could be used to identify and gauge potential improvements. PPAC also proposes to work with the USPTO to obtain input from external stakeholders through a series of roundtable discussions and solicitations of ideas through Federal Register Notices.

        The USPTO has furthered its evaluation of desktop collaboration tools for enhancing telephonic interviews and for reducing the need for hoteling Examiners to travel to the Office for interviews. It was reported at a recent meeting that several collaboration tools are being evaluated and that they can permit Examiners to follow a presentation visually, during a telephonic interview. It was reported that Examiners will appreciate this tool as an effective adjunct in the interview process, particularly when crafting amended claim language.

        During the past year, the USPTO has incorporated comments and suggestions from outside stakeholders regarding ways of improving patent examination quality and reducing pendency. The Committee recommended several objective metrics, and looks forward to their incorporation. Discussion of these areas is provided elsewhere in this Report (Quality and Reducing Pendency).

 

IV.3.4 Committee IT Systems & Infrastructure Recommendations

   

The PPAC believes that the efforts so far have produced valuable results, and encourages the OCIO and USPTO to rapidly address the following areas.

  • Provide Stable Funding

    • Permit the USPTO to retain all fees generated from users
    • Create a fund to permit the USPTO to have predictable funding from year to year

  • Continue On-Going & Planned Infrastructure Remediation & Upgrades

    • Continue migration to a text-based IT system
    • Expand network capabilities
    • Provide strategic desktops
    • Improve cyber-security
    • Continue Agile development of new Process Reengineering tools
    • Implement new PRE tools

  • Continue Extending Stake-Holder Outreach: Internal & External

    • Expand access to USPTO data and knowledge through the web
    • Establish partnerships with stakeholders, industry and other Intellectual Property organizations.
    • Improve website with modern assistance technologies
    • Expand the development, acquisition and use of collaboration tools

Central to each of the above recommendations is predictable and sufficient funding; access to all user fee collections. Patent applicants, not general taxpayer funds, support USPTO operations. Access to all user fees collected is necessary for the innovators that the United States has relied upon to become one of the most important sources of new industries, companies and products sold throughout the World.

Therefore, the Committee highly recommends that the USPTO be fully funded, and in particular, further, sustained investment be made in the new text-based IT system. Because the USPTO is solely funded by user-generated fees, no tax revenue is needed or contemplated. Rather, the Committee wholeheartedly supports provisions of the Leahy-Smith America Invents Act (AIA) that provide for retention of all USPTO-generated fees by the Office. Under the AIA, a revolving fund (S. 23) or a reserve fund is created, and funds generated by user fees remain available to the Office through the fund.

 

IV.4 Process Re-Engineering

IV.4.1 Overview

   

The USPTO has made substantial progress in identifying inefficiencies in its operations and providing remedies. As of April 2011, the USPTO has provided comprehensive reports with recommendations addressing Restriction Practice, Double Patenting, Color Drawings, Classification and Transfer, Enhancing Technical Knowledge, Central Reexamination, Pre-Examination, Post-Examination, Applicant Office Interfaces, and Information Disclosures. This has been accomplished by the formation of a “Reengineering Team,” tasked with setting up and coordinating efforts of individualized Working Groups, each of which addresses a limited number of issues. The teams were created to take advantage of the experiences of internal and external stakeholders in the patent process. Identifying and removing inefficiencies will lead to improved patent processing.

The PPAC believes that it is imperative that the USPTO have the authority to retain and use all of the fees it collects, as provided in the AIA, to provide the resources needed to increase efficiency, timeliness, and customer satisfaction.

Many of the Reengineering programs will be enhanced by a new IT infrastructure discussed above that will support a fully electronic patent system (Patents End to End, “PE2E”), a text-based system and not the current image-based system. These improvements could result in increased investment in technology and confidence in the patenting process, which could increase investment in companies.

     
 

IV.4.2 Re-Engineering Approach

   

An overarching concept in improving patent processes involves use of “Lean 6-Sigma.” The general approach with Lean 6-Sigma is to identify areas of inefficient use of personnel and resources, identify root causes of inefficiencies, reduce duplication, reduce the number of individuals who “touch” a case matter, and thereby improve efficiency, timeliness, and reduce cost.

These concepts are being applied currently to separate Working Groups, each of which is tasked with analyzing current programs, identifying improvements to increase efficiency, and producing documents with action plans for their implementation. In many cases, the USPTO has worked with other National Patent Offices (IP 5: China, Korea, the European Patent Office and the Japan Patent Office) to improve coordination, simplification and thereby take advantage of work sharing. More about these collaborations are described elsewhere in this Report.

The Reengineering process is divided into three Phases. Phase I involved several working groups addressing initiatives considered to be of a time-sensitive nature, require immediate attention, and/or can be implemented rapidly. Phase I was completed in June 2011, with over 200 specific recommendations. If all of those recommendations are implemented, the USPTO estimates millions in annual cost could be realized. Phase II processes are in early development and will include addressing Sequence Listings, Petitions, Cooperative Patent Classification and Application/Publication Number Format. Phase III will include addressing National Stage (“371”) application, Pre-Appeal and Appeal, Internal Data Requirements, Support Staff, and other near-future projects.

     
 

IV.4.3 Descriptions of Process Re-Engineering Initiatives

   

The Committee has placed Working Groups into categories below. This is done to focus on the issues identified by outside stakeholders and Committee members that have immediate impact on Applicants’ major concerns. The Committee appreciates that there is overlap between many of the Working Groups. This overlap does not represent redundancy, rather, the overlaps provide opportunities for the individual groups to take advantage of experiences of others, and thereby increase the efficiency of the efforts. The Committee notes that during 2010-2011, Process Reengineering has been a high priority of the Office, and we appreciate the progress that has been made. Focus areas in this effort include:

  • New IT Infrastructure

    • Text-based IT System and implementation
    • Patents End to End (PE2E)

  • Improvements in Office/Applicant Relations

    • Restriction, Unity of Invention, Election of Species
    • Information Disclosure
    • Pre-Examination Streamlining
    • Rapid Handling of Petitions
    • Post Examination Streamlining
    • Central Reexamination Unit (CRU)
    • Reissue
    • Applicant/Office Interface
    • Surveys

  • Improve Quality and Reduce Pendency

    • RCEs
    • Case Transfers: Central Transfer Unit (CTU)
    • Pre-Examination Office Actions
    • Clearing Out Old Patent Applications (COPA)
    • Stuck Case Cleanup
    • Enhancing Technical Knowledge among Examiners

  • Harmonization

    • PCT
    • Classification

  • Overall Efficiency

    • Elimination of Forms
    • E-Petitions: Color Drawings & Terminal Disclaimers
    • Sequence Listings
  • Internal USPTO Measures

    • Management Operations
    • Technical Support Staff
    • Application Numbering System
    • Internal Data Requirements
    • Business Catalog
    • Workflow System Functionality/Business Rules

  • Board of Appeals

     
 

IV.4.4 Progress Made during 2010-2011 & Recommendations for 2012

   

This section of the Report begins with analysis by the USPTO Process Reengineering Teams’ progress during 2010-2011 and provides discussion of both short-term and long-term recommendations. Many of the improvements in Office processes are best addressed along with implementation of a fully electronic Patents End To End (“PE2E”) project. By September 2011, the PE2E Team had made substantial progress in developing business and technical requirements, building the high-level physical architecture, building project environments to permit insertion of service modules for individual Reengineering projects, and is now creating the software and other deliverables.

  • Interim Recommendations for Phase I

    The PRE provided certain interim recommendations that can be implemented in the current “legacy” IT system. The Committee believes that these short-range solutions will improve overall processing, they are temporary “fixes” based on the current out-dated IT system. When the new IT system is implemented, the Committee recommends reevaluation of these interim recommendations.

    • Improve Search: This Working Group recommended integrating dynamic data into new collaboration and examination tools. This Work Group recommends developing a scalable “search assistant” that is integrated with the collaboration tools and captures and visibly organizes existing search interactions. Such a system will provide search assistance and resources to examiners currently in a geographically diverse workforce. Because this system would improve search capability now, the Committee believes that this recommendation should be followed.

    • Improve Classification & Reduce Transfers: The current Classification system has resulted in about 15% of cases being transferred from Technology Centers or Art Units to other entities within the USPTO. The PPAC believes that this inefficiency is very undesirable, as it delays the start of patent examination. This Working Group recommends centralizing patent claim classification. Improvements in Classification are being discussed in a collaborative fashion with other National Patent Offices, and in particular the European Patent Office, which uses the ‘ECLA” system. The PPAC believes that moving to a more universal classification system will increase efficiency by enabling USPTO personnel to take better advantage of searches carried out by other National Patent Offices, thereby reducing rework and redundancy.

      This Working Group also recommends creation of a Central Transfer Unit (CTU) that will rapidly resolve issues related to transfers of applications. Reducing the number of times an application is “touched” can save the USPTO millions per year, and for some cases that otherwise would be unduly delayed by transfer, this proposal could reduce the time needed to begin examination. The Committee believes that this recommendation be implemented as soon as possible.

    • Post-Examination Streamlining: The Post-Examination Working Group proposed an e‑Grant system as an interim solution to the problems of delays in issuing allowed patent applications for which all matters (including payment of the Issue Fee) have been completed.

      The Committee believes that this improvement will decrease delays in granting patents, and therefore will provide patentees better service. The Committee also notes that during 2010, the overall time taken between payments of the Issue Fee to Issue, has decreased. Although the Committee does not have statistical data to report, we commend this trend to more rapid issuance.

    • Restriction Practice: The Restriction Practice Working Group recommends that patent Applicants be required to elect claim 1 (first claimed invention) in the event of a restriction. Currently, claims are classified based on the most comprehensive claim. This change would streamline classification of the application and direct the application to the proper Art Unit for the first claim.

      The Committee believes that restriction practice must be improved. Currently in come Technology Centers, applications are restricted too much, and for reasons not related to the scope of the overall subject matter sought to be patented. A patent Applicant submits claims covering what is believed to be the proper scope. However, because Examiners may restrict claims based on “search or examination burden,” many Applicants remain frustrated by the inability to have a full set of claims examined, and are forced into the expensive Divisional practice, with the concordant delay and loss of effective patent term. The Committee believes that in the short-term, restriction practice could be improved through greater training and supervision of Examiners and the elimination of subsequent restriction requirements in applications, including Divisionals.

      Although this recommendation is in line with the European Patent Office’s operation of selecting groups under Unity of Invention practice, the Committee believes that this proposal would be superseded by an improvement in substantive Restriction practice, or replaced by a move to a European style Unity of Invention standard.

    • Terminal Disclaimers: The Applicant/Office and Double Patenting Working Groups proposed electronic filing of Terminal Disclaimers using structured text. By moving to an e‑Terminal Disclaimer process, the USPTO will save tens of thousands of dollars each year by elimination of manual processing.

      The Committee agrees with this proposal, and believes that there would be a saving in time needed to process Terminal Disclaimers. Further, the Committee believes that the USPTO’s move toward handling many routine Petitions electronically will save Applicants time and result in substantial savings.

  • Long-Term Recommendations for Phase I

    • Applicant-Office Interface: The Applicant/Office Interface Working Group (“A/O”) produced 64 recommendations. One is to improve Applicant and Examiner access to a pending application. If an Applicant has some limited access to the application, the Applicant can make changes (corrections of typographical errors in the specification, claims or drawings), and the Examiner can address issues of proper amendments and new matter, then an Application can be maintained electronically in a “publication ready” form, thereby saving time and effort in publication. Fees could be calculated automatically.

      The Committee agrees with the goal, and looks forward to seeing how the USPTO implements such improvements.

    • Enhanced Technical Knowledge: The Enhancing Technical Knowledge Working Group focused on improvements in delivering up-to-date knowledge between Office personnel. This Working Group recommended creation of an information agent or “virtual primary,” that facilitate communication between Examiners electronically, and if implemented, the USPTO believes that such an agent could increase patent examination quality by providing Examiners, their Primary Examiners, and SPEs with consistent up-to-date instruction. Such a system would be very useful for supporting a geographically diverse examination corps.

      The Committee believes that such as system would have merit, and looks forward to seeing how the USPTO further analyzes the IT and other infrastructure issues needed to create such a system.

    • Improve Double Patenting Practice: In addition to the short-term e‑Terminal Disclaimer recommendation above, The Double Patenting (DP) Working Group recommended improvements in identifying conflicting applications and patents, and obtaining metadata for each such conflicting entry thereby automation the search process for potentially conflicting applications. The Office estimates that about 10% of applications involve Non-Statutory Double Patenting issues, and cost the Office millions annually for searching alone related to first Office Actions on the merits.

      The Committee understands the magnitude of the problems with double patenting, and believes that a new IT infrastructure would address many of the issues identified.

    • Information Disclosure (IDS): The Information Disclosure (IDS) Working Group identified paper submissions from Applicants as a substantial cost and time delay. The Office currently estimates that many FTEs for IDS data entry, significant contractor costs for document indexing/scanning, and pendency on the issued patents with IDS problems could be saved by moving to a single, electronic submission tool. Use of such a tool could eliminate paper submissions with the attendant cost savings.

      The Committee agrees that the IDS practice is currently very time consuming and may not be the best way of identifying the best prior art. The Committee notes that the USPTO recently proposed moving to a new standard for IDSs based on the “but for-plus” approach taken by the Federal Circuit in the Therasense case.

      The Committee believes that the “but for-plus” standard is more certain that the current 37 C.F.R. 1.56 rule, and recommends implementation of the new standard. This could save Applicants time, cost of complying with the “reasonable examiner” standard, and further, recommends that the USPTO, in its new rulemaking, provide specific guidance and/or safe harbors regarding what types of information an Applicant need not disclose in an IDS.

      The Committee recommends incorporating, as one potential approach, a new tool into the IT system that would permit an Applicant to simply list a series of references on a form, and then have the IT system search available databases (USPTO patents/application database, WIPO database, Medline, Derwent, etc) and have the references automatically downloaded into the electronic file at the USPTO. The Committee also recommends that the new tool permit an Applicant to indicate which other applications (Continuations, CIPs, Divisionals, Related Applications, and foreign counterparts) may have relevant information. Then the new tool would automatically download into the application file, prior filed IDSs, search reports (WIPO, EPO, JPO etc), Office Actions, Examination Reports and Replies. The Committee believes that such a new IT tools would save time, money and improve accuracy and completeness of such submissions, and alleviate demands for exhaustive and repetitive cross-citing of materials in co-pending applications.

    • Pre-Examination Streamlining: The Pre-Exam Streamlining Working Group analyzed current pre-examination practices and recommends improvements in fee processing, indexing, scanning, routing, formalities review and Pre-Grant classification and publication. This Working Group recommended automated data entry and formalities review using structured text. Capture of text data including Title, Inventors, Continuity, Priory and other data for preparation of Filing Receipts would have high impact. The Office estimates that with full implementation of automated data entry, the cost savings could be millions annually, and would increase accuracy, quality and decrease pendency. The Office estimates that hundreds of thousands of informalities objections would have been enforced automatically and thereby avoided.

      The Committee thanks the Office for this initiative and believes that it should be implemented. As with other PRE recommendations, the Committee believes that a new text-based IT infrastructure is desperately needed, and that the full funding necessary for the move to the new IT system be made available.

  • Additional Recommendations

    The Committee believes that rapid identification of opportunities for improving patent processes, and implementing remedies should be a high priority. In addition to the topics addressed above, the Committee makes the following recommendations.

    • Petitions: Currently, Petitions are handled outside the usual docketing system used by Examiners during patent examination. Applicants have noted that in certain cases, prosecution is delayed by inordinate time needed to have Petitions addressed and resolved. Rapid analysis of Petitions is essential to reducing pendency and improving examination quality. Petitions that are dismissed are particularly difficult, because unless a Petition is denied, there is no opportunity for Appeal. In some cases, delays in handling Petitions may lead to months or even years of inconclusive examination.

      The Committee recommends that all petitionable issues be addressed promptly and completely, without unnecessary dismissals for lack of form or other non-merits reasons. The Committee recommends that all Petitions be placed on a docket, with a well-defined time frame for resolution, in a fashion similar to examination docketing.

    • Surveys: The Committee thanks the Office for its increasing use of Surveys in the IT area, and believes that increased use of Surveys of internal and external stakeholders can be an important source of valuable information about the needs of the users of the patent system.

    • Request for Continuing Examination (RCE): Requests for Continued Examination (RCEs) continue to be a problem adversely affecting overall pendency. As of July, 2011, the Committee was informed that the rate of filing RCEs has slowed, and that as of that date, the RCE backlog was about 60,000 – 70,000 cases, up from about 17,000 in July of 2010. With the recent change in the Examiner Count System, RCEs were moved from the Examiner’s amended docket (needing to be completed in 60 days) to on the Special New Case docket that does not require Examiners to respond in a sufficiently timely fashion. RCEs are counted as new applications upon filing but are not counted by the Office as part of the backlog. Thus, the approximately 700,000 cases in the backlog are actually only about 90 % of the total backlog. The Committee recommends that RCEs be counted in the backlog. Although RCEs are not literally “unexamined,” they do represent a significant source of delay in allowing patent applications.

      Despite changes to the examiner’s count system, the Committee notes that there appears to be a regressive incentive on the part of some Examiners to “force” Applicants into filing multiple RCEs by failing to reach agreement about patentable subject matter. The Committee applauds the significant strides made by the USPTO in FY 2011 in reducing actions per disposal, thus increasing efficiency, and in increasing the allowance rate. The change in attitude initiated by upper management has led to dramatically improved interactions between Applicants and Examiners, resulting in more interviews and productive conversations resulting in the allowance of applications. These changes along with the training in compact prosecution have cumulatively had some impact and contributed to a slight drop in RCEs being filed. When an application is allowed, there is no need to file an RCE. However, the significant increase in RCE backlog and the continuing high rate of RCE filing indicates that more efforts are required.

      The Committee commends the Office and the Union (Patent Office Professional Association) for proactively working together to identify mechanisms and changes which could reduce the need for RCE filings. In particular, the Committee recommends that the Office work diligently toward providing a mechanism for Applicants providing newly identified prior art after payment of the Issue Fee without filing an RCE. Additionally, we recommend that the Office address improper final rejections and offer enhanced interviews which include impartial third parties, and other expediencies to resolve issues and reduce the need for Applicants’ filing RCEs. A significant improvement could be made if there were an alternative to filing an RCEs upon the receipt of prior art after payment of the issue fee. The PPAC recommends that the USPTO provide some mechanism for such submission by providing time for the Examiner to consider such prior art. The PPAC also suggests that enhanced interviews be provided to allow a more expansive discussion of the merits of applications with supervisors and quality assurance personnel with applicants. This could expand the already successful interview program to identify more allowable subject matter and reduce the number of RCE filing, as well as, the number of appeals to the Patent Trial and Appeal Board.

      The Committee recommends that the Office increase Examiner training in proper grounds for issuing a Final Office Action, and recommends that relatively minor matters of form not be proper grounds for issuing a Final Office Action. The Committee commends recent efforts to better characterize those amendments which should be properly entered and looks forward to the completion of that list. The Committee urges the examination corps to increase use of telephone or in-person interviews to address minor issues that can move the application to allowance.

      The Committee recommends that RCEs be moved back to the Examiner’s amended docket and that time limits be reinstated for Examiners to respond to RCEs.

    • Stuck Case Cleanup and Clearing Out Old Patent Applications (COPA): The Office’s new focus on achieving the ambitious goals of having a First Action on the Merits by 10 months, and final resolution in 20 months has focused the Office’s attention on stuck cases and cases over 16 months from filing that have been unexamined (the "tail"). Handling stuck cases and the COPA Reexamination Teams’ efforts may be improved by identifying the blockages in each situation and taking appropriate action. Some cases become stuck because of difficulties in resolving petitionable matters, printer rushes, formalities issues, particularly difficult examination issues or other reasons. The Committee recommends that the Office continue to develop and implement plans to identify root causes for stuck cases. The PPAC is ready to assist in this endeavor.

      The “tail” of the pendency graph has focused attention on the oldest cases to be examined. In some cases, the delay in examination may be many years. The Committee believes that addressing these issues will be improved in part by hiring additional examiners, and in part by reducing the number of times an application is transferred between TCs or art units. The creation of a Central Transfer Unit (CTU) will help the expeditious assignment of applications. In the event that there is a dispute about which TC, art unit or Examiner should examine a particular case, the CTU will have the authority to assign the case appropriately.

      Because the workload of Examiners is very high, and not likely to decrease, addressing the challenges of hiring and retention of qualified Examiners remains a priority. The Committee believes that the access to fees collected through the reserve fund established in the AIA is instrumental for the Office to reach its stated pendency goals.

    • Classification: The Committee applauds the Office for its efforts to modernize and harmonize its Classification system with other Patent Offices. The Office is working cooperatively with the European Patent Office (EPO) to identify and incorporate elements of the ECLA Classification system. The Committee believes that this is a very productive endeavor, and encourages its further development.

      By adjusting Classification, the USPTO will be able to take advantage of work being done by other Patent Offices, and thereby decrease duplicative efforts at classifying prior art, particularly foreign references. This project has a potential for improving quality by improving an Examiner’s access to foreign prior art. By identifying the best TC and art unit, there may be fewer case transfers. By identifying the best prior art, there is likely to be a decrease in the number of rejections based on “new’ or “cumulative” prior art. Further, harmonizing US Classification with those of other National Patent Offices will promote use of the Patent Prosecution Highway (PPH) and the SHARE program. The PPH and SHARE programs are discussed elsewhere in this Report.

    • Elimination of Forms, e‑Petitions and Sequence Listings: The Committee thanks the Office for its efforts to automate certain routine functions. Because many Office forms are now available on line, we recommend that all of them be fillable forms, suitable for filing either directly on line, or as PDF forms. The Committee notes that simplifying the process of preparing forms can save time, reduce cost, and reduce the likelihood of errors.

      The Office now permits routine Petitions to be handled electronically, and is implementing an “e-Terminal Disclaimer” practice. The Committee also agrees with the Office’s initiative that Petitions to Accept Color Drawings be automated. Additionally, the Committee recommends that submissions of Color Drawings electronically be routinely accepted, as black and white drawings are currently.

    • Management Operations: The Committee was pleased to hear that the USPTO has taken seriously the implications of failure to address Process Reengineering, and that Management has embarked on several new programs. They include:

      • Patent Examiner Technical Training Program (PETTP): Over 3,000 Examiner and more than 30 organizations participated in this program as of July 2011. The Committee believes that this program will be significantly enhanced by full implementation of the Phase I and II of the Enhancing Technical Knowledge Working Group.
      • Examiner and SPE Training: The Office has approved up to 25 hours per examiner in 2011 for refresher and leadership development training. The Committee agrees with this initiative, and would like to see training increased. The Committee understands that Primary Examiners and SPEs require ongoing training to remedy past deficiencies and to develop understanding of the changing landscape of patentability. We also agree that SPEs are in a unique position of having been given management responsibilities in addition to maintaining high levels of expertise in examination. The Committee believes that without training in effective management skills, Examiners may not receive the proper, up-to-date guidance needed to properly address examination issues. The Committee also notes that the Office has introduced training in Negotiating the Patent Examining Process, which emphasizes cooperative problem-solving techniques while negotiating with Applicants to identify allowable claimed subject matter.

     
 

IV.4.5 Improving Patent Quality & Reducing Patent Application Pendency

   

The mission of the USPTO is to ensure that patent applications are accurately and expeditiously examined and either granted or rejected in accordance with the patent laws and rules. PPAC and the USPTO are aligned on the goal that the US patent system be the best system in the world. Accordingly, the USPTO has embarked on a long term initiative to find ways to improve patent quality and reduce patent application pendency and to adopt metrics to gauge progress.

During FY 2010, PPAC and the USPTO collaborated together and with the public to identify areas for improvement and additional metrics that can be used to drive future improvements. Many suggestions were received and the USPTO has been evaluating these ideas to determine which could be easily adopted without substantial legal or rule changes, and which may require information technology or legal and rule changes before implementation. The USPTO recognized that its information technology systems needed overhauling in order to adopt some of the proposed suggestions, and accordingly the USPTO has begun an entire process reengineering and Information technology infrastructure end to end redesign using lean six sigma techniques. Those aspects of the process end to end reengineering efforts which can now be made public are detailed in a separate section of this report. PPAC is supportive of the quality and pendency process reengineering effort that the USPTO has begun. PPAC would also like to remind everyone that quality improvement and pendency reduction is a continuous process, that there will always be areas where additional improvements can be made, and that in addition to process metrics focused on streamlining the process, additional metrics, for example, focused on the ultimate result determinations by the Board of Appeals and courts should, as recommended in PPAC's 2010 report, be evaluated and incorporated into the current metrics at the earliest convenience to further drive the desired quality outcomes.

In FY 2011, USPTO adopted a number of additional process metrics focused primarily on examiner compliance with internal patent office procedures and rules. The FY 2011 data for the new metrics has not yet been compiled and released, but when it does it should both serve as a baseline for future improvements and identify and prioritize areas for additional process improvement. The PPAC believes that the USPTO should adopt a few additional result metrics as suggested in the 2010 PPAC report at the earliest opportunity.



  • Compact Prosecution and COPA: In FY 2011 the USPTO instituted a number of new process changes to improve quality and reduce application pendency. The two most important of these programs focus on the early and late stage of examination: The USPTO expanded the Compact Prosecution guidelines from a successful 2010 pilot in certain technology areas to the entire corps along with training for all examiners. The first action interview program was expanded so that applicants and examiners could discuss search results and applicants claims before a first office action to give applicants an opportunity to explain their invention to the examiner and distinguish it from the prior art. The Compact Prosecution process improvement has resulted in a substantial increase in patents being granted faster for those applicants availing themselves of the process. Other programs to accelerate applications such as for green technology are excellent and should be continued. Providing applicants with the flexibility to accelerate examination upon the payment of additional fees is desirable but PPAC remains concerned that giving applicants the flexibility to delay or defer examination under a proposed three track process may create undesirable, legal and economic uncertainty for others desiring to clear their products and avoid infringing upon the potential patent rights of others. Currently this aspect of the three track process has not been instituted and PPAC commends the USPTO for its reevaluation of this part of the proposal in view of public comments.

    COPA is a program started in 2011 by the USPTO which focuses on a small percentage of applications which for one reason or another have the longest pendency within the office. The effort to reach closure on the examination of these outliers is important not only to those applicants but also to reducing the overall pendency statistics at the USPTO.

  • Overall Pendency, RCEs and the Count System: For many years the USPTO focused their pendency statistics on the time to first Office action and considered total application pendency to end when an application was either granted, abandoned, appealed or refiled as a continuing application. During the past several years however, there has been a dramatic rise in the percentage of applications where real closure was not obtained as evidenced by an increasing percentage of requests for continuing applications (RCEs). There may be a number of root causes of the RCE expansion, but regardless of the reasons, the impact has been to extend overall application pendency. Since USPTO reported pendency data did not include the time for the extended examination of these related continuation applications, actual overall pendency data was much longer than the reported USPTO data would indicate. While the PTO has now begun to include overall pendency data that includes RCES, the main pendency number most frequently reported does not include RCE pendency. PPAC commends the USPTO and the examiner's union for turning a focused attention on improving the RCE problem and is hopeful these efforts will both eventuate meaningful improvements, and serve as an exemplar for USPTO/Union cooperation in making further needed improvements for RCEs. PPAC commends the USPTO for making this change so that it can properly focus on reducing RCEs and actual overall pendency.

    During FY 2011 as a result of a heightened focus on the appropriateness of Final Actions, the rate of increase in RCE filings has begun to drop. This is a good first indication that the USPTO's compact prosecution training efforts is starting to bear some fruit, however, more needs to be done and PPAC and the USPTO have discussed further changes in Final Action procedures in an attempt to substantially reduce RCEs and overall pendency. The USPTO has also been compiling a Quality Index Report ("QIR") which compiles data on examiner best practices, to identify practices that some examiners use to reduce RCEs and reduce pendency, and PPAC is hopeful that this data will be used by the Reengineering team. PPAC also commends the USPTO for issuing a best practices notice for applicants. This provides guidance for applicants to assist them in taking actions which can improve the quality of examination and reduce application pendency.

    The USPTO still has a long road to reduce overall application pendency from the current state to the goal of about 2 years (20 months on average) from filing. In addition to additional process reengineering efforts to reduce process inefficiencies wherever they may be, additional examiner resources are clearly required especially in those technology areas where pendency is longest. Other improvements such as revising the unity of invention standard to harmonize it with that of the European practice are being evaluated by the USPTO to reduce examiner rework and lower pendency.

    Overall Quality improvement and pendency reduction is in its early stages but the USPTO has taken the right affirmative steps, adopting changes where it can and reengineering in other places. PPAC recommends that the USPTO continue these efforts and hopes that the Office can expedite the improvement efforts even further in FY 2012.

    The ability of the USPTO to improve quality and reduce pendency cannot be accomplished without the funds necessary for theses process changes and for the hiring of additional examiners, and therefore as stated in many other portions of this report, PPAC strongly recommends that Congress place no restrictions on the USPTO's ability to access user fees to make the changes the USPTO is doing to achieve the long-range improvements that are needed.

     
 

IV.4.6 Committee Process Re-Engineering Recommendations Summary

   
  • Fiscal Year 2011 Actions by the USPTO: In FY 2011, the USPTO undertook or further advanced several noteworthy initiatives directed at process improvement, including:

    • Adoption of additional Patent quality metrics: process metrics: Awaiting results
    • Compact Prosecution: Including Expansion of First Office Action Interview Program
    • Ombudsman Program
    • Accelerate examination pilots
      • Green Tech accelerated exam pilot
      • Three track Examination pilot
    • Peer to Peer pilot extended
    • COPA: focus on resolving the oldest cases
    • QIR : identifying outliers in examination practices : best practices
    • Process reengineering effort begun
    • Change in USPTO definition of total application pendency: not just pendency to first O/A
    • Slight Reduction in growth of RCEs and re-evaluation of the count system
    • No reduction in application Pendency in FY 2011

  • Fiscal Year 2012 Recommendations for Further Action: To preserve and build upon the efficiency gains obtained through process improvement in FY 2011, the Committee recommends that the USPTO further initiatives directed at process improvement, including:

    • Expansion of quality metrics to include Result metrics as well as process metrics
    • Re-evaluation of FY 2010 quality improvement suggestions
    • Unity of Invention harmonization
    • New Actions needed to reduce Requests for Continuing Examination:
      • Modify After final options to include options other than filing of an RCE
      • Provide mechanism for the consideration of new prior art after the payment of the issue fee
 

IV.5 Outreach

   

On September 16th, 2011, President Obama signed into law the America Invents Act. This comprehensive overhaul of the patent system is intended to provide speed and certainty to the process of obtaining intellectual property in the United States. In addition to the significant procedural changes it ushers in, it also provides for a number of programs and studies intended to assist independent inventors and small businesses.

Contained within the legislation are provisions to conduct a number of studies. The first of these studies that has an impact on small businesses is the International Protection for Small Business report. This report must be completed within 120 days of enactment. In addition, a report on Effects of First-to-File on Small Business must be completed within one year.

Programs to assist independent inventors and small businesses are also incorporated in the America Invents Act. Taking effect immediately is the establishment of a Pro Bono program. This initiative is designed to encourage the filing of applications by independent inventors who may not have the financial resources to go through the patent process. In addition, a new Micro-entity status has been created that gives independent inventors and small businesses an additional 50% discount off the already discounted small-entity filing fee.

Within 6 months of enactment, the USPTO will create a Diversity of Applicants program, followed by the creation of a Patent Ombudsman for Small Business program within one year. These programs are intended to further assist the independent inventor community and small businesses.

Finally, the USPTO has created the Office of Innovation Development. This group oversees the USPTO’s efforts to assist independent inventors, small business concerns and university affiliated inventors. The office also works closely with other officials and agencies throughout the government in support of the Administration’s efforts to promote small business, entrepreneurship and job creation. The Innovation Development office designs and implements outreach programs to a wide range of groups including independent inventors, women, small business concerns, minorities, and other underserved communities.

The Office also assists the Agency’s educational outreach programs that promote intellectual property protection and the valuable role it plays as a key driver of the American economy. Some specific examples of programs currently available include:

  • Inventors Conferences & Women’s Entrepreneurship Symposium: The IAP sponsors events for inventors and small business concerns nationwide. The USPTO makes supervisory patent examiners available to conduct breakout sessions. USPTO also invites resources from metropolitan area where the conference is located, such as Small Business Development Center (SBDC), Service Corps of Retired Engineers (SCORE), Patent and Trademark Depository Libraries, attorneys from the Intellectual Property Law Associations and subject matter experts in marketing.

  • Supporting Inventor Organizations: The USPTO also participates in outreach initiatives with inventor organizations throughout the United States. These non-profit inventor organizations that assist inventors with innovations and the desire to start a business based on those inventions.

  • Online Public Chats: Held every other month, these chats provide ongoing education opportunities, allowing the public to ask questions in a live chat room and receive an answer. The chat lasts for 1 hour, and resources from across the agency (SPE’s, Design practitioners, Trademark attorneys and PTDL representative) provide input for the responses. Chat transcripts are converted to FAQ’s posted on the Inventors Resource Page. http://www.uspto.gov/inventors/independent/chats/faq/index.jsp

  • Inventors Resource Page: The Inventor’s Resource Page provides “plain language” information about the patent and trademark processes.
  • E-Newsletter: The Inventors Eye newsletter is delivered by email on a bi-monthly basis. This newsletter provides helpful advice and resources as well as a listing of relevant events to all subscribers.
  • Inventors Assistance Center (IAC): Provides patent information services to the public. The IAC is staffed by former Supervisory Patent Examiners and experienced Primary Examiners who answer general questions concerning patent examining policy and procedure.

    The IAC can answer general questions regarding patent examining policy, direct callers to the appropriate USPTO personnel, assist with filling out forms, provide general information concerning rules, procedures and fees and mail patent information via regular mail or facsimile. The phone number for the IAC, 800-PTO-9199, is contained within all relevant material distributed by USPTO.

 

IV.6 International

IV.6.1 Overview

   

The USPTO continued to expand its international cooperation with foreign intellectual property offices in FY 2011 in view of the growing duplication of work and the impact it is having on processing times and backlogs. The USPTO is implementing work sharing, whereby one office can exploit the search and examination previously done by another office on a corresponding application, to increase the efficiency and effectiveness of its own search and examination. The USPTO is also enhancing its cooperation among the world’s five largest patent offices, namely the European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), State Intellectual Property Office of China (SIPO) and USPTO, in a framework referred to as the “IP 5”. Several projects underway in the IP5 offices aim to build trust among the IP5 Offices, to ensure examiners easily understand exactly how an application was treated by the examiner before them, and to have confidence in the results and decisions made by that office. The USPTO is also renewing its engagement with foreign countries to encourage substantive patent law harmonization and improvement of the international patent system to facilitate work sharing.

     
 

IV.6.2 Patent Prosecution Highway

   

The USPTO’s primary work sharing vehicle—the “Patent Prosecution Highway” (PPH)—has proven to be a major success, producing significant efficiency gains in terms of higher allowance rates, fewer office actions per disposal, and substantially lower percentages of appeals and continuation applications. The USPTO is on track to double the total number of PPH requests in FY 2011 that it has received in the preceding 4 years combined. In addition to greater office efficiencies, the cost savings to participating applicants has proven to be quite significant.

As of July 31, 2011, there have been 6962 Total PPH requests (5273 filed via the Paris Convention route and 1689 filed via PCT-PPH).

The grant rate for PPH cases at the USPTO continues to be about double the normal allowance rate. For PPH cases filed via the PCT-PPH route, the allowance rate is 96%, and PPH cases using the Paris Convention route have an allowance rate of 89%. The allowance rate for all applications at the USPTO is 47%.

First Action Allowances are also higher for PPH cases. PCT-PPH cases have a first action allowance rate of 20%; PPH cases using the Paris Convention route have a first action allowance rate of 26%, while the overall first action allowance rate at the USPTO is 15.9%.

The average number of office actions continues to be lower for PPH cases, with 2.13 actions per Paris Convention route PPH case and 1.61 actions on average per PCT-PPH, while the overall average actions per case at the USPTO is 2.49.

On July 15, 2011, the USPTO, along with the Patent Offices of Japan, Canada, Australia, Finland, the Russian Federation, Spain and the United Kingdom began testing an enhanced framework for the Patent Prosecution Highway.  The revised framework eliminates the strict priority linkage between corresponding applications that has been a central feature of the PPH until now in favor of a more relaxed, user-friendly approach that only requires the corresponding applications in question to be members of the same patent family.  The intent is to provide applicants more flexibility and increased opportunities to participate in the PPH.  Testing is scheduled to last one year.

A Working Group of the PPH partner offices will convene in October 2011 in Munich to continue discussions of a USPTO proposal for a next-generation PPH framework—PPH 2.0.  The objective of PPH 2.0 is to replace the existing bilateral PPH arrangements with an improved and enhanced centralized framework, making the PPH easier to use and navigate, less burdensome, and more efficient.

     
 

IV.6.3 Strategic Handling of Applications for Rapid Examination (SHARE)

   

The USPTO, through its SHARE initiative, has made great strides in Fiscal Year 2011 through various work sharing programs.  In particular, work sharing efforts are currently underway with the Korea Intellectual Property Office (KIPO), The United Kingdom Intellectual Property Office (UKIPO), and through the Trilateral with the Japanese Patent Office (JPO) and European Patent Office (EPO).  With respect to the SHARE pilot with the USPTO and KIPO, the pilot recently concluded and efforts are underway to continue the close collaboration between the Offices to build off the lessons learned from the pilot and to design the next phase of this important bilateral work.  Through the UKIPO Work sharing Initiative, which commenced in November 2010, the USPTO is evaluating the effectiveness and feasibility of accessing and utilizing foreign search reports from the UKIPO.  In this Initiative, USPTO examiners receive an indication that foreign search reports from corresponding cross-filed UKIPO applications are available for their use as part of the examiner's overall search and examination.   

Some examiners were asked to complete a Work sharing Survey in order to obtain their perspective of the usefulness of the UKIPO search report. Favorable responses in a majority of the preliminary results from the work sharing survey indicate that examiners find the use of a foreign work product helpful in their examination.  In addition, results indicate the examiner’s willingness to utilize foreign work through work sharing in the future.  Examiners are noticed of applications on their docket that have a work product completed in a corresponding first-filed application at the JPO under their First Program.  Similarly, some examiners were asked to complete a work sharing survey to share their perspectives on the usefulness of the JPO’s work product.  Again, preliminary results to the work sharing survey are favorable and indicate willingness to further work sharing efforts among IP Offices.  The First Look Application Sharing (FLASH) Pilot is a one-year pilot that commenced in November 2010, where the USPTO appropriately balances and prioritizes the examination of applications as an office of first filing (OFF) in order to provide an USPTO examination result to the JPO or EPO as the office of second filing in a corresponding cross-filed application.  The EPO and JPO have responded favorably to this effort and the USPTO eagerly awaits the results and analysis from the EPO and JPO on the usefulness of the USPTO work product to the examiner’s in their respective offices.

     
 

IV.6.4 IP5 Work Sharing Foundation Projects

   

Since 2007, the USPTO has participated in the IP5, a partnership with the EPO, JPO, KIPO and SIPO.  Recognizing the growing number of filings in all five offices and the impact this has on the operation of the global patent system, the IP5 developed a vision to eliminate duplication of work and enhance patent examination efficiency and quality. 

With this shared vision, the IP5 Offices defined ten Foundation Projects.  The projects are comprised of IT and examination practice-related initiatives that provide infrastructure for work sharing.  Together the projects aim to build trust among the IP5 Offices, to ensure examiners easily understand exactly how an application was treated by the examiner before them, and to have confidence in the results and decisions made by that office. 

Significant progress has been made on the IP5 Foundation Projects since their onset.  Three Working Groups (WGs) were formed to guide detailed-level project planning and implementation.   The WGs quickly moved the Foundation Projects from early conceptual stages into concretely defined initiatives with specific objectives and milestones.

Several accomplishments were achieved in the past year.  The Offices agreed upon business requirements for several of the IT-related projects and are currently defining technical implementation plans.  Pilots are in progress that will inform the offices on search tools and recordation requirements.  Other pilots investigated potential technical areas for developing the IP5 common classification system.

     
 

IV.6.5 Outsource PCT Searches

   

Over the last two years, outsourcing has enabled the USPTO to become a world leader in overall timeliness, a complete reversal of the situation of only a few years ago. The USPTO is taking significant steps to maintain the progress made, notwithstanding funding cuts to the contract necessitated by the overall budget situation during FY 2011. In addition, quality has improved in view of the more recent change to US patent examiner standards for the contracted work.

     
 

IV.6.6 Patent Cooperation Treaty – Work Sharing (PCT-PPH)

   

In FY 2011, USPTO initiated pilot PCT-Patent Prosecution Highways (PCT-PPH) with five additional International Authorities: IP Australia (IPAU), Rospatent, the Austrian Patent Office (APO), the Spanish Patent and Trademark Office (SPTO), and the National Board of Patents and Registration (NBPR) in Finland. Further, USPTO and Rospatent have been working together so that Rospatent can soon begin operating as a competent International Searching Authority for US nationals and residents.

USPTO is now embarking on the second phase of a Collaborative Search and Examination Pilot Program with KIPO and EPO. The second phase will be similar to the first in operation, but larger, involving more applications and more examiners to gather data for objective program evaluation.

     
 

IV.6.7 Overall PCT Statistics

   
  • Timeliness

      FY2009 FY2010 FY2011 (Oct.-May)
    RO/US
    Receipt to record copy mailing
    21 days 13 days 11 days
    DO/EO/US
    Receipt to release
    379 days 251 days 172 days
    2009 2010 2011 (CY to date)
    ISA/US
    Mailing of ISR/WO within 16 months from priority
    77% 82% 85%
    Mailing of ISR/WO within 18 months of priority 87% 91% 95%
    IPEA/US
    Mailing of IPER within 28 months from priority
    14% 14% 21%
    Mailing of IPER within 30 months of priority 22% 19.5% 27%1


    Note 1: 269 (or 33%) issued at 61+ months. USPTO records show 2006 IPERS mailed in FY2011 vs. 974 Demands filed.

  • Quality: The USPTO is participating in a Trilateral Collaborative Metrics Study:

    • Phase 1: Analyzed the relationship between searches performed in PCT Chapter I and national stage examination results: Phase 1 consisted of gathering data on national stage applications filed from January 2000 to present. USPTO completed its portion of phase 1 and forwarded its results to the EPO in July 2011.

    • Phase 2: More detailed examination on the use of PCT Chapter I search results in the National Phase (sample-based study). USPTO reviewed a sample of national stage applications, which had international searches performed by the Trilateral Offices. Data was collected from these applications to determine, e.g., whether the same examiner treated the application in both the international and national stages, the extent of reuse of international stage results in the national stage, and whether the same conclusion was reached by the examiner in both stages. USPTO completed its portion of phase 2 in early August 2011 and transmitted its results to the EPO. EPO is currently gathering and reviewing data from the USPTO, JPO and EPO for statistical analysis for completion of Phase 2 of the Trilateral Collaborative Metrics Study.

 

IV.6.8 Effect of Lack of Funding on International Programs

   

As noted above, during FY 2011, the funding of PCT search outsourcing had to be cut by 50%. The Office of Policy and External Affairs (OPEA) also cut travel funding by 42% in FY 2011, sending smaller delegations to international meetings or not sending representatives to some meetings. Travel cuts also resulted in the USPTO sponsoring fewer expert speakers from other agencies for its overseas programs and having fewer sponsored foreign officials at training programs held at the USPTO.  Domestic IP Awareness programs for SME were cut from 8 planned programs to 2 during FY 2010.

     
 

IV.6.9 Effect of Patent Reform Legislation on International Programs

   

The progress of patent reform legislation during FY 2011 in the United States has provided a strong impetus to USPTO efforts to engage foreign officials on substantive patent law harmonization. The USPTO hosted a meeting of patent office officials from the Asia-Pacific region in March to discuss patent harmonization, and then engaged several European countries in the ensuing months. Both the Trilateral and IP5 are also discussing patent law harmonization. The patent reform legislation has demonstrated the strong conviction of the United States to ensure that the 21st century IP dialogue is a global one.

     
 

IV.6.10 Committee International Recommendations

   

The Committee commends the Office for its efforts on these international cooperation and work sharing initiatives and recommends their continued expansion and improvement. In particular, the Committee recommends that the Office review these efforts to ensure that the initiatives promote the overall objectives of international work sharing, reduce duplication of efforts by offices and promote best practices to improve timeliness and quality.

On PPH, the Committee supports USPTOs efforts to increase use of the PPH arrangements by applicants and notes the positive results achieved to date. The Committee recommends that the USPTO continue its PPH promotional efforts and use of the new Mottainai pilot. The Committee supports the concept of PPH 2.0, which has promise to increase consistency among the various offices and simplify the requirements for applicants. The Committee recommends that the USPTO develop the PPH 2.0 and conduct a pilot of the new program as soon as possible.

On the SHARE program, the Committee supports the USPTO’s efforts on close collaboration between the various patent offices. The Committee recommends the USPTO accelerate design of the next phase and expansion of the program in the coming years as more learning is gained from the pilot programs including the FLASH program. Work sharing can increase efficiency of examiners and reduce the time needed to grant patents.

On PCT work sharing (PCT-PPH), the Committee commends the USPTO on its efforts to use PCT as vehicle for PPH. From the statistics, PCT-PPH has been a clear success. The PCT-PPH has resulted in higher grant rates and First Action Allowances, and had significantly reduced the number of Office Actions, even versus Paris Convention PPH proceedings. Thus, the Committee recommends the USPTO to put additional resources against the PCT-PPH work sharing programs and to better educate U.S. applicants of the availability and speed of the PCT-PPH program. Cooperation with WIPO should also help to move this project forward. In addition, the USPTO should quickly wrap up the new pilots with International Authorities to make them full time programs, and look for additional partners to act as International Searching Authorities.

Overall, the Committee commends the Office on its proactive actions in FY 2011 to expand/improve the PPH, SHARE, IP5 and PCT programs.

As with other areas of USPTO operations, full funding will be critical to the success of these international programs. The funding for PCT search outsourcing had to be cut by 50% this fiscal year. Travel cuts reduced the ability of the USPTO personnel to expand pilot programs and cooperate with foreign patent offices. Public awareness programs for these initiatives were also cut. Given the excellent results produced by the International programs in increasing efficiencies, reducing backlog, and cutting costs, these programs should be given at least full funding, if not, expanded funding to deliver better results. Funding at 2011 fiscal year levels would severely hinder the USPTO from realizing the benefits from these programs.

     

SECTION V - APPENDICES

V.A Transmittal Letter

V.A Transmittal Letter

V.B Membership: USPTO Patent Public Advisory Committee


V.C PPAC Statute: 35 U.S.C. §5 – Patent & Trademark Office Public Advisory Committees

 

(a) Establishment Of Public Advisory Committees

   

        (1) Appointment – The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have nine voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. Members of each Public Advisory Committee shall be appointed for a term of 3 years, except that of the members first appointed, three shall be appointed for a term of 1 year, and three shall be appointed for a term of 2 years. In making appointments to each Committee, the Secretary of Commerce shall consider the risk of loss of competitive advantage in international commerce or other harm to United States companies as a result of such appointments.

        (2) Chair – The Secretary shall designate a chair of each Advisory Committee, whose term as chair shall be for 3 years.

        (3) Timing Of Appointments – Initial appointments to each Advisory Committee shall be made within 3 months after the effective date of the Patent and Trademark Office Efficiency Act. Vacancies shall be filled within 3 months after they occur.

 

(b) Basis For Appointments – Members of each Advisory Committee

   

        (1) shall be citizens of the United States who shall be chosen so as to represent the interests of diverse users of the United States Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee;

        (2) shall include members who represent small and large entity applicants located in the United States in proportion to the number of applications filed by such applicants, but in no case shall members who represent small entity patent applicants, including small business concerns, independent inventors, and nonprofit organizations, constitute less than 25 percent of the members of the Patent Public Advisory Committee, and such members shall include at least one independent inventor; and

        (3) shall include individuals with substantial background and achievement in finance, management, labor relations, science, technology, and office automation. In addition to the voting members, each Advisory Committee shall include a representative of each labor organization recognized by the United States Patent and Trademark Office. Such representatives shall be nonvoting members of the Advisory Committee to which they are appointed.

 

(c) Meetings – Each Advisory Committee shall meet at the call of the chair to consider an agenda set by the chair.

 

(d) Duties – Each Advisory Committee shall

   

        (1) review the policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to Trademarks, in the case of the Trademark Public Advisory Committee, and advise the Director on these matters;

   

        (2) within 60 days after the end of each fiscal year

(A) prepare an annual report on the matters referred to in paragraph (1);
(B) transmit the report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and
(C) publish the report in the Official Gazette of the United States Patent and Trademark Office.
 

(e) Compensation – Each member of each Advisory Committee shall be compensated for each day (including travel time) during which such member is attending meetings or conferences of that Advisory Committee or otherwise engaged in the business of that Advisory Committee, at the rate which is the daily equivalent of the annual rate of basic pay in effect for level III of the Executive Schedule under section 5314 of title 5. While away from such member’s home or regular place of business such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.

 

(f) Access To Information – Members of each Advisory Committee shall be provided access to records and information in the United States Patent and Trademark Office, except for personnel or other privileged information and information concerning patent applications required to be kept in confidence by section 122.

 

(g) Applicability Of Certain Ethics Laws – Members of each Advisory Committee shall be special Government employees within the meaning of section 202 of title 18.

 

(h) Inapplicability Of Federal Advisory Committee – The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each Advisory Committee.

 

(i) Open Meetings – The meetings of each Advisory Committee shall be open to the public, except that each Advisory Committee may by majority vote meet in executive session when considering personnel, privileged, or other confidential information.

 

(j) Inapplicability Of Patent Prohibition – Section 4 shall not apply to voting members of the Advisory Committees.

 

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-578 (S. 1948 sec. 4714); subsections (e) and (g) amended Nov. 2, 2002, Public Law 107-273, sec. 13206, 116 Stat. 1904; subsection (i) amended and subsection (j) added Nov. 2, 2002, Public Law 107-273, sec. 13203, 116 Stat. 1902.)


V.D PPAC Charter

 

A. ESTABLISHMENT

   

The Secretary of Commerce establishes the Patent Public Advisory Committee (Committee) under the Patent and Trademark Office Efficiency Act, Pub. L. 106- 1 13, Appendix I, tj 4714, 113 Stat. 5101A-578 (Nov. 29, 1999), codified at 35 U.S.C. 8 5.

 

B. OBJECTIVES AND DUTIES

    1.

The Committee will review the policies, goals, performance, budget, and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents and advise the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director) on these matters.

    2.

Within 60 days after the end of each fiscal year, the Committee will prepare an annual report on the matters referred to in paragraph (1); transmit the report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and publish the report in the Official Gazette.

    3.

The Committee functions solely in an advisory capacity.

    4.

The Committee will be available to the Director for consultation.

 

C. MEMBERS AND CHAIRPERSON

    1.

The Committee will have nine voting members, who are appointed by and serve at the pleasure of the Secretary of Commerce.

    2.

Voting members of the Committee

a. will be citizens of the United States;
b. will be chosen so as to represent the interests of USPTO diverse users with respect to patents;
c. will include members who represent small and large entity applicants located in the United States in proportion to the number of applications filed by such applicants;
d. will include at least three members who represent small entity patent applicants, including small business concerns, independent inventors, and nonprofit organizations;
e. will inc1ude:at least one independent inventor; and
f. will include individuals with substantial background and achievement in finance, management, labor relations, science, technology, and office automation.
    3.

In making appointments to the Committee, the Secretary of Commerce will consider the risk of loss of competitive advantage in international commerce or other harm to United States companies as a result of such appointments.

    4.

Voting members will be Special Government Employees as defined in 18 U.S.C. 5 202.

    5.

The Committee will have three non-voting members consisting of a representative from each labor organization recognized by USPTO, namely, Locals 243 and 245 of the National Treasury Employees Union (NTEU) and the Patent Office Professional Association (POPA).

    6.

The Secretary will appoint a voting member of the Committee as the Chairperson. The Chairperson will serve a three-year term. If the Chairperson is unable to attend a Committee meeting, he or she will appoint a voting member of the Committee to chair the meeting.

    7.

Each voting member will serve a three-year term. However, when the first voting members are appointed, three will be appointed for a term of one year, and three will be appointed for a term of two years. No voting member may serve more than two consecutive terms.

    8.

When a vacancy occurs in the Committee, a replacement member may be appointed for the remainder of the unexpired term. Vacancies will be filled within three months after they occur. A replacement appointment for less than half of a term will not be counted for the purposes of the term limitation in the preceding paragraph.

    9.

Voting members of the Committee are not subject to 35 U.S.C. 8 4. The Director has determined that because voting members do not have access to confidential patent information and because 35 U.S.C. 3 5(b)(2) requires an independent inventor on the Committee, Congress did not intend for 35 U.S.C. 5 4 to bar Public Advisory Committee members from obtaining or prosecuting patents.

 

D. ADMINISTRATIVE PROVISIONS

    1.

The Committee will meet at least twice a year, but will not serve more than 60 days during any period of 365 consecutive days. Meetings will be held at the call of the Chairperson, in consultation with the Director.

    2.

Notice of a meeting, including the agenda for the meeting, will be posted on the USPTO Web site (www.USPTO.gov) at least two weeks before the meeting date except as the Chairperson may deem necessary. No other notice is required, but notice may also be published in the Federal Register and the Official Gazette. The Chairperson, in consultation with the Director, will set the agenda for each meeting.

    3.

Committee meetings will be open to the public, except that the Committee may, by majority vote, meet in executive session when considering personnel or other confidential information. The agenda will provide notice of each executive session.

    4.

Members of the public may file written statements with the Committee prior to the meeting concerning matters on the Committee's agenda. The Chairperson may permit members of the public to submit written statements on such matters within a specified time after the Committee meeting. Oral presentations at the Committee meetings by members of the public will not be permitted except upon invitation of the Chairperson.

    5.

Committee meetings may be conducted online. Meetings not conducted online will be held in the metropolitan Washington, D.C. area in space provided by USPTO.

    6.

Transcripts of Committee meetings open to the public will be posted on the USPTO Web site.

    7.

Procedures for the Committee decision-making process will be developed by the Committee. The Chairperson may appoint subcommittees subject to such conditions as the Chairperson may prescribe.

    8.

USPTO will provide clerical and other support services for the Committee as the Director may determine to be necessary and proper. The estimated annual budget for such support including compensation, travel, lodging, meeting room, and swing is $94,000.00.

    9.

If necessary, in order to fulfill the duties of the Committee, the Chairperson may request USPTO to provide access to existing records created and used by USPTO in the ordinary course of business. Unless the request is for personnel or other privileged information and information concerning patent applications required to be kept in confidence by 35 U.S.C. 5 122, access to the records or copies of the records will be provided. The Chairperson will submit requests for records to the Office of the Director.

    10.

A voting member of the Committee will be compensated for each day, including travel time, during which such member is attending Committee meetings or is otherwise engaged in the business of the Committee. Compensation will be at the rate that is the daily equivalent of the annual rate of basic pay in effect for level III of the Executive Schedule under 5 U.S.C. 5 5314. While the member is away from his or her home or regular place of business, they will be compensated for travel expenses, including per diem as defined in 5 U.S.C. 5 5703.

    11.

The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Committee.

    12.

The Director will issue protocols for the efficient operation of the Committee and for effective and timely interaction between the Committee and other USPTO units.

    13.

This charter may be amended by the Secretary of Commerce.

   

V.E America Invents Act: Public Advisory Committee Enhanced Role (Fee-Setting Authority)

 

Section 10. Fee-Setting Authority

   

(a) Fee-Setting:

     

(1) IN GENERAL: The Director may set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of 1946 (15 U.S.C. 1051 et seq.), for any services performed by or materials furnished by, the Office, subject to paragraph (2).

     

(2) FEES TO RECOVER COSTS: Fees may be set or adjusted under paragraph (1) only to recover the aggregate estimated costs to the Office for processing, activities, services, and materials relating to patents (in the case of patent fees) and trademarks (in the case of trademark fees), including administrative costs of the Office with respect to such patent or trademark fees (as the case may be).

   

(b) Reduction of Fees in Certain Fiscal Years – In each fiscal year, the Director:

     

(1) shall consult with the Patent Public Advisory Committee and the Trademark Public Advisory Committee on the advisability of reducing any fees described in subsection (a); and

     

(2) after the consultation required under paragraph (1), may reduce such fees.

   

(c) Role of the Public Advisory Committee – The Director shall:

     

(1) not less than 45 days before publishing any proposed fee under subsection (a) in the Federal Register, submit the proposed fee to the Patent Public Advisory Committee or the Trademark Public Advisory Committee, or both, as appropriate;

     

(2) (A) provide the relevant advisory committee described in paragraph (1) a 30-day period following the submission of any proposed fee, in which to deliberate, consider, and comment on such proposal;

     

(2) (B) require that, during that 30-day period, the relevant advisory committee hold a public hearing relating to such proposal; and

     

(2) (C) assist the relevant advisory committee in carrying out that public hearing, including by offering the use of the resources of the Office to notify and promote the hearing to the public and interested stakeholders; and

     

(3) require the relevant advisory committee to make available to the public a written report setting forth in detail the comments, advice, and recommendations of the committee regarding the proposed fee; and

     

(4) consider and analyze any comments, advice, or recommendations received from the relevant advisory committee before setting or adjusting (as the case may be) the fee.


Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 272 

Status of Public Records Division
                       Status of Public Records Division

   The Public Records Division (PRD) processes and fills orders for both
certified and uncertified copies of Patent and Trademark Office documents
and records assignments and other documents related to title.  This is an
update of actual processing times for orders filled during the month of
October 2011:

DOCUMENT SERVICES                           Goal                 Actual
                                                             Processing
                                                                   Time

Certified Documents

Patent Applications-As-Filed                 7 days              4 days
Patent Related File Wrappers                25 days             16 days
Patent Copies                               10 days             15 days
Patent Assignments                          10 days              7 days
Trademark Applications-As-Filed              7 days              5 days
Trademark Related File Wrappers             25 days             13 days
Trademark Assignments                       10 days              7 days
Trademark Registrations, Expedited           5 days              3 days
Trademark Registrations, Regular            14 days              8 days

Uncertified Documents

Patent Copies                                5 days              1 day
Plant Patents                                5 days              1 day
Patent Assignments                          10 days              2 days
Patent Related File Wrappers                25 days              6 days
Trademark Copies                             5 days              1 day
Trademark Assignments                       10 days              2 days
Trademark Related File Wrappers             25 days              5 days

   Customers should use the above actual processing time for each product
as a guide as to when they can expect their orders to be completed.  In
cases where an urgent deadline is approaching, contact Patent and Trademark
Copy Fulfillment Branch at (571) 272-3150 or 1 (800) 972-6382 for
assistance with a particular order.

   Customers are encouraged to place orders through the Internet at
http://ebiz1.uspto.gov/oems25p

   Orders may also be faxed to the Patent and Trademark Copy Fulfillment
Branch at (571) 273-3250. Information on the status of pending orders may
be obtained by calling (571) 272-3150 or 1 (800) 972-6382 (outside the
Washington, DC Metro area), or via E-mail to dsd@uspto.gov.

ASSIGNMENT SERVICES

                                            Goal                 Actual
                                                             Processing
                                                                   Time

Submission Method

Internet (EFS, ePAS or eTAS)                2 days               1 day
Fax                                        10 days               1 day
Paper                                      14 days               2 days

   The Assignment Services Branch is currently mailing recordation notices
for paper documents received in the Public Records Division on October 28,
2011.

    Customers should use the above actual processing times as a guide as to
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 273 

when they can expect their assignment submissions to be processed.  For
fastest service customers are encouraged to file assignments via the
Internet.

   Assignment submissions may be made via the Internet at
http://epas.uspto.gov/ for patent assignments and http://etas.uspto.gov for
trademark assignments. Patent assignment submissions may also be made by
selecting the "Electronic Filing (EFS)" option at http://www.uspto.gov/ebc.

   Assignment submissions may also be faxed to the Assignment Services
Branch at (571) 273-0140.  Trademark assignment recordations may be
reviewed online at http://assignments.uspto.gov/assignments. Information on
the status of pending assignment recordations may be obtained by calling
(571) 272-3350 or 1 (800) 972-6382 (outside the Washington, DC Metro area).

November 2, 2011                                            DONNA J. COOPER
                                           Manager, Public Records Division
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 274 

Trademark Manual of Examining Procedure, Eighth Edition
                            DEPARTMENT OF COMMERCE
                   United States Patent and Trademark Office
                         [Docket No. PTO-T-2011-0063]
            Trademark Manual of Examining Procedure, Eighth Edition

AGENCY:  United States Patent and Trademark Office, Commerce

ACTION:   Notice

SUMMARY:  To provide information on trademark examination policy and
procedure, the United States Patent and Trademark Office ("USPTO") issued
the eighth edition of the Trademark Manual of Examining Procedure ("TMEP"),
and made available an archived copy of the seventh edition, on October 15,
2011.

ADDRESSES:  The USPTO prefers that any suggestions for improving the form
and content of the TMEP be submitted via electronic mail message to
tmtmep@uspto.gov.  Written comments may also be submitted by mail addressed
to:  Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451,
marked to the attention of Editor, Trademark Manual of Examining Procedure,
or by hand delivery to the Trademark Assistance Center, Concourse Level,
James Madison Building-East Wing, 600 Dulany Street, Alexandria, Virginia,
marked to the attention of Editor, Trademark Manual of Examining Procedure.

FOR FURTHER INFORMATION CONTACT:  Catherine P. Cain, Office of the Deputy
Commissioner for Trademark Examination Policy, by electronic mail at:
catherine.cain@uspto.gov; or by mail addressed to:  Commissioner for
Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, marked to the
attention of Catherine P. Cain.

SUPPLEMENTARY INFORMATION:  On October 15, 2011, the USPTO issued the
eighth edition of the TMEP, which provides USPTO trademark examining
attorneys, trademark applicants, and attorneys and representatives for
trademark applicants with a reference on the practices and procedures for
prosecution of applications to register marks in the USPTO.  The TMEP
contains guidelines for examining attorneys and materials in the nature of
information and interpretation, and outlines the procedures which examining
attorneys are required or authorized to follow in the examination of
trademark applications.
   The eighth edition incorporates USPTO trademark practice and relevant
case law reported prior to September 1, 2011.  The policies stated in this
revision supersede any previous policies stated in prior editions,
examination guides, or any other statement of USPTO policy, to the extent
that there is any conflict.  The eighth edition also includes a
collaboration tool, offered through a program called IdeaScale®, which
permits the user community to provide public comments that are accessible
to both the user community and the Office.  The collaboration tool is
currently open to Chapters 500, 900, and 1900. The eighth edition of the
TMEP may be viewed or downloaded free of charge from the USPTO Web site at
http://tess2.uspto.gov/tmdb/tmep/.
   An archived copy of the seventh edition of the TMEP also remains
available for reference.  Links to the seventh edition, as well as to the
fourth, fifth, and sixth editions, are on the USPTO Web site at
http://www.uspto.gov/trademarks/resources/TMEP_archives.jsp.

November 1, 2011                                            DAVID J. KAPPOS
                               Under Secretary of Commerce for Intellectual
                                 Property and Director of the United States
                                                Patent and Trademark Office
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 275 

Adverse Decisions in Interference
                       Adverse Decisions in Interference

    In the designated interferences involving the following patents, final
decisions have been rendered that the respective patentees are not entitled
to patents containing the claims listed.

   Patent No. 6,264,694, Andreas Weiler, SOFT TISSUE GRAFT FIXATION DEVICE
AND METHOD, Interference No. 105,796, final judgment adverse to the
patentee rendered June 30, 2011, as to claims 4-11.

   Patent No. 7,309,870, Yasuhiro Omura, PROJECTION OPTICAL SYSTEM,
EXPOSURE APPARATUS, AND EXPOSURE METHOD, Interference No. 105,753, final
judgment adverse to the patentee rendered June 14, 2011, as to claim 20.

   Patent No. 6,642,274, Neal W. Gary, METHODS AND COMPOSITIONS FOR
PREVENTING AND TREATING PROSTATE DISORDERS, Interference No. 105,777, final
judgment adverse to the patentee rendered August 31, 2011, as to claims 1,
3-5, 7, 9, 15, and 17-19.

   Patent No. 7,238,469, Fritz Bach, Leo E. Otterbein, Miguel P. Soares and
Jeanne Gose, CARBON MONOXIDE IMPROVES OUTCOMES IN TISSUE AND ORGAN
TRANSPLANTS AND SUPPRESSES APOPTOSIS, Interference No. 105,815, final
judgment adverse to the patentees rendered July 6, 2011, as to claims 15,
18, 19, 37-39 and 46-48.

   Patent No. 6,703,925, Hans-Clemens Steffel, MONITORING DEVICE FOR
VEHICLES, IN PARTICULAR, MOTOR VEHICLES, Interference No. 105,736, final
judgment adverse to the patentee rendered April 25, 2011, as to claims
1-16.

   Patent No. 7,309,870, Yasuhiro Omura, PROJECTION OPTICAL SYSTEM,
EXPOSURE APPARATUS, AND EXPOSURE METHOD, Interference No. 105,749, final
judgment adverse to the patentee rendered June 29, 2011, as to claims 1-18,
33-36, 48 and 49.

   Patent No. 6,511,652, Ian C. Ashurst, METERED DOSE INHALER FOR
BECLOMETHASONE DIPROPIONATE, Interference No. 105,482, final judgment
adverse to the patentee rendered July 16, 2008, as to claims 1-25.
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 276 

Errata
                                    Errata

   "All reference to Patent No. 8,046,859 to Yuji Saito, et al of Tokyo,
Japan for BOARDING BRIDGE, BOARDING BRIDGE SYSTEM, AND METHOD FOR MOUNTING
THE BOARDING BRIDGE appearing in the Official Gazette of November 01, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,046,985 to Narendra Digamber Joshi, et al
of Cincinnati, OH for METHOD AND SYSTEM FOR REDUCING POWER PLANT EMISSIONS
appearing in the Official Gazette of November 01, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,046,995 to Hiroshi Isono, et al of
Mishima-Shi, Japan for VEHICULAR BRAKE SYSTEM appearing in the Official
Gazette of Novembr 01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,047,255 to Thomas G. Feldpausch, et al of
Hastings, MI for PRIVACY SCREEN ASSEMBLY appearing in the Official Gazette
of November 01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,047,439 to Ynjiun P. Wang, et al of
Cupertino, CA for IMAGE READER HAVING IMAGE SENSOR ARRAY appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,047,791 to Tomohiro Numajiri, et al of
Nagasaki, Japan for WIND TURBINE GENERATOR AND METHOD FOR CONSTRUCTING WIND
TURBINE GENERATOR appearing in the Official Gazette of Nobember 01, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,048,238 to Natsuko Sugiura, et al of
Tokyo, Japan for HIGH YOUNG'S MODULUS STEEL PLATE AND METHOD OF PRODUCTION
OF SAME appearing in the Official Gazette of November 01, 2011 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,048,480 to Peter Maschwitz of Sebastopol,
CA for HEAT STABILIZED SUB-STOICHIOMETRIC DIELECTRICS appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,048,539 to Hiroko Nomura, et al of
Isehara, Japan for ANTHRACENE DERIVATIVES AND LIGHT-EMITTING DEVICES USING
THE ANTHRACENE DERIVATIVES appearing in the Official Gazette of November
01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,048,779 to Daiki Yamada, et al of Isehara,
Japan for METHOD FOR MANUFACTURING SEMICONDUCTOR DEVICE appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,048,845 to Mark E. Van Dyke, et al of
Winston-Salem, NC for WOUND HEALING COMPOSITIONS CONTAINING KERATIN
BIOMATERIALS appearing in the Official Gazette of November 01, 2011 should
be deleted since no patent was granted."

   "All reference to Patent No. 8,049,228 to Yasuyuki Arai of Atsugi, Japan
for LIGHTING SYSTEM AND LIGHTING DEVICE appearing in the Official Gazette
of November 01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,049,246 to Hajime Kimura of Kanagawa,
Japan for ELECTROOPTICAL DEVICE appearing in the Official Gazette of
November 01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,049,285 to Shunpei Yamazaki of Tokyo,
Japan for SEMICONDUCTOR DEVICE AND ITS MANUFACTURING METHOD appearing in
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 277 

the Official Gazette of November 01, 2011 should be deleted since no patent
was granted."

   "All reference to Patent No. 8,049,403 to George R. Brandes of Raleigh,
NC for LIGHT EMISSION DEVICE AND METHOD UTILIZING MULITPLE EMITTERS
appearing in the Official Gazette of November 01, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,049,415 to Masayuki Sakakura, et al of
Ebina, Japan for DISPLAY DEVICE AND MANUFACTURING METHOD OF THE SAME
appearing in the Official Gazette of November 01, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,049,429 to Roy W. Kuennen, et al of
Caledonia, MI for INDUCTIVELY COUPLED BALLAST CIRCUIT appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,049,467 to Gary Joseph Burlak, et al of
Lake Orion, MI for INTEGRATED CIRCUIT AND METHOD FOR PRESERVING VEHICLE'S
BATTERY CHARGE AND PROTECTING TRAILER LOAD appearing in the Official
Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,049,468 to Kiyoshi Kato, et al of Atsugi,
Japan for WIRELESS COMMUNICATION DEVICE appearing in the Official Gazette
of November 01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,049,542 to Yoshiharu Yoshizawa, et al of
Kawasaki, Japan for PHASE CONTROLLING APPARATUS, PHASE-CONTROL PRINTED
BOARD, AND CONTROLLING METHOD appearing in the Official Gazette of November
01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,049,686 to Hajime Kimura of Kanagawa,
Japan for DISPLAY DEVICE AND METHOD FOR DRIVING THE SAME appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,049,705 to Atsushi Umezaki of Atsugi,
Japan for SHIFT REGISTER, SEMICONDUCTOR DEVICE, DISPLAY DEVICE, AND
ELECTRONIC DEVICE appearing in the Official Gazette of November 01, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,049,712 to Nobuo Karaki of Matsumoto-Shi,
Japan for ELECTRONIC DISPLAY SYSTEM, ELECTRONIC PAPER WRITING DEVICE,
ELECTRONIC PAPER AND METHOD FOR MANUFACTURING THE SAME appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,049,759 to Amit Joshi, et al of Gurgoan,
India for IMAGE PROCESSING APPARATUS HAVING CONTEXT MEMORY CONTROLLER
appearing in the Official Gazette of November 01, 2011 should be deleted
since no patent was granted."

   "All reference to Patent No. 8,049,938 to Yasushi Kuribayashi of
Mishima-Shi, Japan for OPTICAL BEAM SCANNING APPARATUS, IMAGE FORMING
APPARATUS appearing in the Official Gazette of November 01, 2011 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,050,009 to Shinji Himori, et al of
Nirasaki-Shi, Japan for ELECTROSTATIC CHUCK DEVICE appearing in the
Official Gazette of November 01, 2011 should be deleted since no patent was
granted."

   "All reference to Patent No. 8,050,400 to Shunpei Yamazaki, et al of
Tokyo, Japan for ELECTRONIC DEVICE HAVING PIXELS DISPLAYING AN IMAGE AND
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 278 

PIXELS DISPLAYING AN OPERATION KEY appearing in the Official Gazette of
November 01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,050,510 to Masashi Kuno of Obu-Shi, Japan
for IMAGE PROCESSING METHOD appearing in the Official Gazette of November
01, 2011 should be deleted since no patent was granted."

   "All reference to Patent No. 8,050,662 to Richard J. Helferich of
Enciitas, CA for SYSTEM AND FOR DELIVERING INFORMATION TO A TRANSMITTING
AND RECEIVING DEVICE appearing in the Official Gazette of November 01, 2011
should be deleted since no patent was granted."

   "All reference to Patent No. 8,051,242 to Thomas Bryan Rushworth, et al
of Manning Park, Canada for MULTI-READER, MULTI-WRITER LOCK-FREE RING
BUFFER appearing in the Official Gazette of November 01, 2011 should be
deleted since no patent was granted."

   "All reference to Patent No. 8,051,392 to Lee-Chung Lu, et al of Taipei,
Taiwan for PERFORMANCE-AWARE LOGIC OPERATIONS FOR GENERATING MASKS
appearing in the Official Gazette of November 01, 2011 should be deleted
since no patent was granted."
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 279 

Certificates of Correction
                          Certificates of Correction
                             for November 8, 2011

5,639,981             7,761,085             7,921,540            7,995,650
5,726,937             7,761,392             7,921,830            7,995,781
5,924,419             7,761,683             7,922,724            7,995,823
6,216,235             7,761,798             7,922,800            7,995,882
6,275,717             7,762,817             7,923,599            7,996,034
6,400,310             7,764,236             7,925,115            7,996,311
6,433,251             7,764,274             7,926,052            7,996,711
6,487,668             7,765,213             7,926,929            7,996,933
6,561,461             7,765,263             7,928,249            7,997,319
6,680,179             7,765,277             7,928,321            7,998,058
6,725,091             7,765,421             7,930,650            7,998,204
6,732,346             7,765,903             7,931,603            7,998,252
6,759,225             7,766,030             7,931,834            7,998,356
6,773,256             7,768,462             7,931,937            7,998,536
6,773,404             7,768,522             7,933,161            7,998,614
6,887,260             7,768,932             7,933,287            7,998,759
6,924,891C1           7,769,187             7,933,314            7,998,833
6,936,044             7,771,861             7,933,609            7,999,067
6,951,741             7,771,868             7,934,094            7,999,159
6,956,010             7,771,871             7,935,268            7,999,353
7,003,132             7,771,881             7,936,562            7,999,448
7,006,132             7,772,267             7,938,452            7,999,540
7,012,350             7,773,139             7,938,454            8,000,504
7,024,016             7,775,567             7,941,144            8,000,782
7,045,676             7,782,025             7,941,578            8,000,859
7,046,239             7,782,372             7,941,596            8,001,136
7,111,227             7,782,520             7,941,665            8,001,826
7,127,424             7,786,122             7,942,875            8,002,618
7,129,076             7,787,397             7,943,284            8,002,620
7,150,670             7,790,721             7,943,670            8,002,681
7,192,457             7,792,329             7,943,702            8,003,447
7,201,765             7,796,597             7,945,463            8,003,509
7,271,832             7,797,446             7,945,567            8,003,623
7,344,437             7,798,455             7,945,569            8,004,706
7,345,675             7,798,902             7,945,641            8,004,755
7,361,311             7,802,120             7,946,853            8,005,067
7,371,840             7,808,415             7,946,936            8,005,186
7,411,394             7,809,428             7,947,142            8,005,216
7,434,131             7,809,663             7,947,716            8,005,267
7,434,145             7,814,231             7,948,671            8,005,435
7,465,449             7,816,191             7,948,746            8,005,535
7,490,792             7,817,103             7,949,302            8,005,617
7,494,503             7,817,630             7,949,427            8,005,819
7,502,380             7,820,883             7,950,585            8,005,967
7,521,975             7,827,223             7,951,520            8,006,095
7,537,994             7,827,610             7,951,828            8,006,220
7,538,102             7,836,721             7,952,695            8,006,277
7,544,808             7,837,051             7,954,005            8,006,978
7,550,619             7,839,225             7,954,096            8,007,193
7,561,651             7,839,434             7,955,126            8,007,357
7,592,454             7,840,029             7,955,258            8,007,923
7,593,380             7,840,494             7,955,663            8,008,025
7,600,364             7,840,956             7,955,930            8,008,046
7,611,880             7,842,033             7,956,049            8,008,067
7,618,483             7,842,708             7,958,496            8,008,078
7,622,472             7,843,854             7,961,472            8,008,298
7,624,734             7,844,436             7,961,943            8,008,408
7,629,351             7,846,304             7,962,034            8,008,908
7,630,971             7,846,775             7,962,630            8,009,083
7,640,024             7,848,737             7,962,655            8,009,690
7,642,251             7,849,503             7,962,895            8,010,324
7,643,216             7,850,825             7,963,178            8,010,413
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 280 

7,643,381             7,850,946             7,964,204            8,010,557
7,651,340             7,851,640             7,964,490            8,010,685
7,652,004             7,853,567             7,964,567            8,010,713
7,652,146             7,853,649             7,964,767            8,010,769
7,653,001             7,856,424             7,965,995            8,011,079
7,653,033             7,858,623             7,966,434            8,011,236
7,656,969             7,859,521             7,966,679            8,011,297
7,659,270             7,860,264             7,967,459            8,011,368
7,659,281             7,860,935             7,967,751            8,011,429
7,680,849             7,861,073             7,967,875            8,011,871
7,681,013             7,867,039             7,968,551            8,012,045
7,686,248             7,868,324             7,968,651            8,012,571
7,687,738             7,868,582             7,968,906            8,012,859
7,692,638             7,868,905             7,969,015            8,013,247
7,692,682             7,869,546             7,969,583            8,013,440
7,693,962             7,869,608             7,969,918            8,013,461
7,694,225             7,869,713             7,969,920            8,013,701
7,694,341             7,870,272             7,970,224            8,014,181
7,695,463             7,870,754             7,970,818            8,014,589
7,696,241             7,871,558             7,971,138            8,014,853
7,697,017             7,871,720             7,971,846            8,014,956
7,698,286             7,872,734             7,971,887            8,015,190
7,698,328             7,873,024             7,972,000            8,015,331
7,701,797             7,873,225             7,972,274            8,015,366
7,702,279             7,873,630             7,972,648            8,015,506
7,702,509             7,873,762             7,972,850            8,015,653
7,704,992             7,873,784             7,973,420            8,015,674
7,705,230             7,873,800             7,973,929            8,016,345
7,705,830             7,873,825             7,974,477            8,016,547
7,706,559             7,874,021             7,974,479            8,017,125
7,706,637             7,874,442             7,974,488            8,017,184
7,707,514             7,875,389             7,974,617            8,017,310
7,708,604             7,875,627             7,975,040            8,017,555
7,710,426             7,875,702             7,975,108            8,017,574
7,710,439             7,876,143             7,975,199            8,017,709
7,710,920             7,876,274             7,976,286            8,017,985
7,711,200             7,876,311             7,978,337            8,018,204
7,711,382             7,876,677             7,978,404            8,018,261
7,711,383             7,876,870             7,978,801            8,018,639
7,711,687             7,877,356             7,978,914            8,018,778
7,711,829             7,877,532             7,979,391            8,018,791
7,711,864             7,877,631             7,979,771            8,018,885
7,714,423             7,878,006             7,980,171            8,019,038
7,714,849             7,878,840             7,980,314            8,019,142
7,715,187             7,881,108             7,980,837            8,019,303
7,716,166             7,881,564             7,980,849            8,019,307
7,716,285             7,881,603             7,980,918            8,019,343
7,716,679             7,882,450             7,981,091            8,019,664
7,719,522             7,884,741             7,981,282            8,019,713
7,719,548             7,885,460             7,981,668            8,019,754
7,719,830             7,886,235             7,981,682            8,019,789
7,720,860             7,886,264             7,981,871            8,019,932
7,720,935             7,886,573             7,982,452            8,020,161
7,721,209             7,888,349             7,982,854            8,020,769
7,723,355             7,889,108             7,983,565            8,021,081
7,724,176             7,889,184             7,983,691            8,021,398
7,724,661             7,890,618             7,984,863            8,021,684
7,727,719             7,891,624             7,985,400            8,021,874
7,728,027             7,893,652             7,985,412            8,021,994
7,728,316             7,893,883             7,985,558            8,022,248
7,728,799             7,894,066             7,985,562            8,022,331
7,728,823             7,895,378             7,985,584            8,022,394
7,730,223             7,896,498             7,986,127            8,022,516
7,730,326             7,896,702             7,987,000            8,022,576
7,730,460             7,896,899             7,987,420            8,022,605
7,734,048             7,897,762             7,987,460            8,022,675
 November 29, 2011 US PATENT AND TRADEMARK OFFICE 1372 OG 281 

7,737,174             7,898,719             7,988,324            8,022,795
7,737,308             7,899,256             7,988,679            8,022,860
7,739,442             7,899,677             7,988,832            8,022,937
7,739,476             7,899,714             7,988,966            8,023,104
7,739,617             7,899,826             7,988,971            8,023,214
7,740,458             7,900,156             7,989,033            8,023,420
7,741,281             7,900,215             7,989,262            8,023,439
7,743,116             7,901,458             7,989,535            8,023,772
7,743,279             7,902,785             7,989,554            8,024,128
7,743,341             7,902,921             7,989,935            8,024,178
7,745,625             7,902,937             7,990,117            8,024,239
7,746,360             7,903,616             7,990,209            8,024,391
7,746,825             7,903,723             7,990,215            8,025,100
7,746,833             7,904,056             7,990,377            8,025,642
7,747,032             7,904,338             7,990,457            8,026,443
7,747,747             7,904,832             7,990,520            8,027,324
7,747,765             7,905,457             7,990,861            8,027,821
7,747,784             7,906,086             7,991,285            8,028,176
7,749,633             7,906,505             7,991,334            8,032,901
7,751,199             7,907,020             7,991,482            D. 635,004
7,751,475             7,910,859             7,991,660            D. 635,379
7,751,853             7,911,793             7,992,781            D. 640,484
7,752,366             7,912,448             7,992,798            D. 641,332
7,752,391             7,912,475             7,993,297            D. 641,410
7,754,941             7,913,286             7,993,365            D. 641,787
7,757,152             7,914,649             7,993,503            D. 642,100
7,757,173             7,915,005             7,993,751            D. 643,929
7,757,186             7,915,017             7,994,196            D. 645,033
7,758,886             7,916,850             7,994,257            RE. 39,289
7,760,027             7,919,119             7,994,352            RE. 42,064
7,760,187             7,919,159             7,994,796            RE. 42,556
7,760,695             7,919,284             7,994,872
7,760,767             7,920,167             7,994,990
7,760,827             7,920,779             7,995,275
Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1372 OG 282 

Summary of Final Decisions Issued by the Trademark Trial and Appeal Board

SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
October 24 – October 28, 2011
 

Date Issued Type of Case(1) Proceeding or Appn. Number Party or Parties TTAB Panel (2) Issue(s) TTAB Decision Opposer’s or Petitioner’s mark and goods or services Applicant’s or Respondent’s mark and goods or services Mark and goods or services cited by Examining Attorney Issued as Precedent of TTAB
10-24 OPP 91192046 Aventis Pharmaceuticals, Inc. v. Heal the World Inc. Cataldo Bergsman* Kuczma 2(d); 43(c) Opposition Dismissed NASACORT [steroid preparation for the treatment of allergic rhinitis] LAZACOR and LAZACOR + (both for) [homeopathic supplements]   No
10-25 CANC
(SJ)
92052238 Marie Claire Album, S.A. v. Bata Brands S.A.R.L. Luxembourg, Succursale de Lausanne Bucher Kuhlke Taylor (Opinion "By the Board" [Goodman]) Abandonment; Contractual Estoppel Petition Dismissed (Summary Judgment Granted to Respondent) MARIE CLAIRE (ten registrations) [a variety of goods and services, including leather goods, handbags and clothing items] MARIE CLAIRE [women’s boots, shoes and sandals]   No
10-25 EX 78906900 78901341 Country Music Association, Inc. Seeherman Cataldo Lykos* 2(e)(1); 2(f); 6(a) Refusal in Absence of Disclaimer Affirmed   COUNTRY MUSIC ASSOCIATION and CMA COUNTRY MUSIC ASSOCIATION (and design) both for: [association services, namely, promoting country music, and promoting the interests of country music entertainers and the country music recording industry]   Yes
10-26 OPP 91191035 McCorkle Nurseries, Inc. v. Helen Yoest dba Tiger Lily’s Mermelstein Lykos Kuczma* 2(d) Opposition and Counterclaim Both Dismissed GARDENER’S CONFIDENCE [live plants, trees and flowers] GARDENING WITH CONFIDENCE [providing a website featuring information in the field of gardening]   No
10-26 OPP 91192742 Michael D. Young, d/b/a Locksmith Central v. Locksmith Central, Inc. Quinn
Taylor Lykos*
2(d); 2(e)(1) Opposition Dismissed LOCKSMITH CENTRAL and LOCKSMITHCENTRAL.NET [locksmithing goods and services] LOCKSMITH CENTRAL [locksmithing, namely, opening of locks]   No
10-26 EX 77765318 Mumbai Mantra Media Limited Seeherman Taylor Bergsman* 2(d) Refusal Affirmed   MUMBAI MANTRA (and design) [software on magnetic media or CD-ROMs for the operation and management of communication exchanges of various types; a wide variety of theatrical films; hardware and software in the field of entertainment] [entertainment services related to providing films, making films, production of various discs and CD-ROMs; production and direction services, exhibition, distribution, leasing or lending of films, providing facilities for films] MANTRA (stylized) [production and distribution of motion pictures and television programs] No
10-27 EX 77201064 Prosthodontics Intermedica, P.C. Seeherman* Bergsman Kuczma 2(e)(1) Refusal Affirmed   NO BONE SOLUTIONS [dental examinations, implant services, dental implant treatments]   No
10-27 OPP (ACR) 91186228 GN ReSound A/S v. Lisound Hearing Aid (Fuzhou) Co., Ltd. Kuhlke
Taylor Wellington*
2(d) Opposition Sustained RESOUND (and other marks containing that term) [various goods, including hearing aids] LISOUND (and design) [hearing aids for the deaf; hearing protectors, namely, earplugs for medical purposes; hearing testing machines and apparatus for medical purposes]   No
10-27 OPP 91191941 Everett W. James v. Andrea Gallagher Holtzman Taylor Ritchie* 2(d) Opposition Dismissed CREATING YOUR FUTURE (three registrations) [compact discs featuring lectures relating to self-improvement] [books, and printed instructional, educational and teaching materials, relating to self-improvement] [conducting seminars relating to self-improvement and distributing course materials therewith] RETHINKING YOUR FUTURE [DVDs, brochures, pamphlets, surveys and assessments in the field of life planning, career changes and retirement] [seminars regarding life planning, career changes and/or retirement; personal coaching services in the fields of life-mapping services, career changes and the non-financial aspects of retirement]   No
10-28 CANC 92049838 Bello Fitness Ltda v. Body Up Fitness LLC Quinn Kuhlke* Shaw 2(d) Petition Granted BODY UP [sport clothing] BODY UP (and design) [blouses, tops, jackets, capris, pants, shorts and bodysuits]   No
10-28 EX 77834762 Grindmaster Corporation Quinn Holtzman Wolfson* 2(e)(1); 2(f) Refusal Affirmed   GRIND N BREW [electric coffee makers for commercial use]   No

(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (ACR)=Accelerated Case Resolution; (MS)=Motion for Sanctions; (R)=Request for Reconsideration (2) *=Opinion Writer; (D)=Dissenting Panel Member



Top of Notices Top of Notices November 29, 2011 US PATENT AND TRADEMARK OFFICE Print Appendix 1372 OG 

Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office
                     MAILING AND HAND CARRY ADDRESSES FOR
             MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE

              MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS

   For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Mail to be Directed to the
Director of the Patent And Trademark Office" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.

   Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp for additional
information.

   Please address mail to be delivered by the United States Postal Service
(USPS) as follows:

        Mail Stop _____
        Commissioner for Patents
        P.O. Box 1450
        Alexandria, VA 22313-1450

   If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.

   Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, etc.) as follows:

        United States Patent and Trademark Office
        Customer Service Window, Mail Stop _____
        Randolph Building
        401 Dulany Street
        Alexandria, VA 22314


Mail Stop
Designations            Explanation

Mail Stop 12            Contributions to the Examiner Education Program.

Mail Stop 313(c)        Petitions under 37 CFR 1.313(c) to withdraw a
                        patent application from issue after payment of
                        the issue fee and any papers associated with the
                        petition, including papers necessary for a
                        continuing application or a request for
                        continued examination (RCE).

Mail Stop AF            Amendments and other responses after final
                        rejection (e.g., a notice of appeal (and any
                        request for pre-appeal brief conference)),
                        other than an appeal brief.

Mail Stop Amendment     Information disclosure statements, drawings, and
                        replies to Office actions in patent applications
                        with or without an amendment to the application or
                        a terminal disclaimer. (Use Mail Stop AF for
                        replies after final rejection.)

Mail Stop Appeal        For appeal briefs or other briefs under
 Brief-Patents          part 41 of title 37 of the Code of Federal
                        Regulations (e.g., former 37 CFR 1.192).

Mail Stop               Public comments regarding patent-related
 Comments-Patent        regulations and procedures.


Mail Stop Conversion    Requests under 37 CFR 1.53(c)(2) to convert a
                        nonprovisional application to a provisional
                        application and requests under 37 CFR 1.53(c)(3)
                        to convert a provisional application to a
                        nonprovisional application.

Mail Stop EBC           Mail for the Electronic Business Center including:
                        Certificate Action Forms, Request for Customer
                        Number, and Requests for Customer Number Data
                        Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
                        respectively) and Customer Number Upload
                        Spreadsheets and Cover Letters.

Mail Stop Expedited     Only to be used for the initial filing of
 Design                 design applications accompanied by a
                        request for expedited examination under
                        37 CFR 1.155.

Mail Stop Express       Requests for abandonment of a patent
 Abandonment            application pursuant to 37 CFR 1.138,
                        including any petitions under 37 CFR
                        1.138(c) to expressly abandon an
                        application to avoid publication of the
                        application.

Mail Stop               Applications under 35 U.S.C. 156 for patent term
 Hatch-Waxman PTE       extension based on regulatory review of a product
                        subject to pre-market review by a regulating
                        agency. This mail stop is also to be used for
                        additional correspondence regarding the
                        application for patent term extension under
                        35 U.S.C. 156. It is preferred that such initial
                        requests be hand-carried to:

                        Office of Patent Legal Administration
                        Room MDW 7D55
                        600 Dulany Street (Madison Building)
                        Alexandria, VA 22314

Mail Stop ILS           Correspondence relating to international patent
                        classification, exchanges and standards.

Mail Stop Issue Fee     All communications following the receipt of a
                        PTOL-85, "Notice of Allowance and Fee(s)
                        Due," and prior to the issuance of a patent
                        should be addressed to Mail Stop Issue Fee,
                        unless advised to the contrary.

                        Assignments are the exception. Assignments
                        (with cover sheets) should be faxed to
                        571-273-0140, electronically submitted
                        (http://epas.uspto.gov), or submitted in a
                        separate envelope and sent to Mail Stop
                        Assignment Recordation Services,
                        Director - U.S. Patent and Trademark Office
                        as shown below.

Mail Stop L&R           All documents pertaining to applications subject
                        to secrecy order pursuant to 35 U.S.C. 181, or
                        national-security classified and required to be
                        processed accordingly. Such papers, petitions for
                        foreign filing license pursuant to 37 CFR 5.12(b)
                        for which expedited handling is requested, and
                        petitions for retroactive license under 37 CFR
                        5.25 may also be hand carried to Licensing and
                        Review:

                        Technology Center 3600, Office of the Director
                        Room 4B41
                        501 Dulany Street (Knox Building)
                        Alexandria, VA 22314

Mail Stop Missing       Requests for a corrected filing receipt and
 Parts                  replies to OPAP notices such as the Notice
                        of Omitted Items, Notice to File Corrected
                        Application Papers, Notice of Incomplete
                        Application, Notice to Comply with Nucleotide
                        Sequence Requirements, and Notice to File Missing
                        Parts of Application, and associated papers and
                        fees.

Mail Stop MPEP          Submissions concerning the Manual of Patent
                        Examining Procedure.

Mail Stop Patent Ext.   Applications for patent term extension or
                        adjustment under 35 U.S.C. 154 and any
                        communications relating thereto. This mail stop
                        is limited to petitions for patent term extension
                        under 35 U.S.C. 154 for applications filed
                        between June 8, 1995 and May 29, 2000, and patent
                        term adjustment (PTA) under 35 U.S.C. 154 for
                        applications filed on or after May 29, 2000.
                        For applications for patent term extension under
                        35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
                        For applications for patent term extension or
                        adjustment under 35 U.S.C. 154 that are mailed
                        together with the payment of the issue fee, use
                        Mail Stop Issue Fee.

Mail Stop Patent        Submission of comments regarding search templates.
 Search Template
 Comments

Mail Stop PCT           Mail related to international applications filed
                        under the Patent Cooperation Treaty in the
                        international phase and in the national phase
                        under 35 U.S.C. 371 prior to mailing of a
                        Notification of Acceptance of Application Under
                        35 U.S.C. 371 and 37 CFR 1.495 (Form
                        PCT/DO/EO/903).

Mail Stop Petition      Petitions to be decided by the Office of Petitions,
                        including petitions to revive and petitions to
                        accept late payment of issue fees or maintenance
                        fees.

Mail Stop PGPUB         Correspondence regarding publication of patent
                        applications not otherwise provided, including:
                        requests for early publication made after filing,
                        rescission of a non-publication request, corrected
                        patent application publication, and refund of
                        publication fee.

Mail Stop Post          In patented files: requests for changes of
 Issue                  correspondence address, powers of attorney,
                        revocations of powers of attorney, withdrawal as
                        attorney or agent and submissions under 37
                        CFR 1.501. Designation of, or changes to, a fee
                        address should be addressed to Mail Stop M
                        Correspondence. Requests for Certificate of
                        Correction need no special mail stop, but
                        should be mailed to the attention of Certificate
                        of Correction Branch.

Mail Stop RCE           Requests for continued examination under
                        37 CFR 1.114.

Mail Stop               Correspondence pertaining to the reconstruction
 Reconstruction         of lost patent files.

Mail Stop Ex Parte      Original requests for Ex Parte Reexamination
 Reexam                 and all subsequent corresponcence other
                        than correspondence to the Office of the Solicitor
                        (see 37 CFR 1.1(a)(3) and 1.302(c)).

Mail Stop Inter         Original requests for Inter Partes Reexamination
 Partes Reexam          and all subsequent correspondence other than
                        correspondence to the Office of the Solicitor
                        (see 37 CFR 1.1(a)(3) and 1.302(c)).

Mail Stop Reissue       All new and continuing reissue application filings.

Mail Stop Sequence      Submission of the computer readable form (CRF) for
                        applications with sequence listings, when the CRF
                        is not being filed with the patent application.

Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.


            MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS

   Please address trademark-related correspondence to be delivered by the
United States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as follows:

        Commissioner for Trademarks
        P.O. Box 1451
        Alexandria, VA 22313-1451

   Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:

        Madrid Processing Unit
        600 Dulany Street
        MDE-7B87
        Alexandria, VA 22314-5796

   Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:

        Letter of Protest
        ATTN: Deputy Commissioner for Trademark Policy
        600 Dulany Street
        Alexandria, VA 22314-5796

   Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:

        Director, USPTO
        ATTN: FQA
        600 Dulany Street, MDE-10A71
        Alexandria, VA 22314-5793

   Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:

        Native American Tribal Insignia
        ATTN: Commissioner for Trademarks
        600 Dulany Street
        MDE-10A71
        Alexandria, VA 22314-5793

Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.

   Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:

        Trademark Assistance Center
        Madison East, Concourse Level Room C 55
        600 Dulany Street
        Alexandria, VA 22314

Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.


           MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
                          PATENT AND TRADEMARK OFFICE

   Please address mail to be directed to a mail stop identified below to
be delivered by the United States Postal Service (USPS) as follows (unless
otherwise instructed):

        Mail Stop _____
        Director of the U.S. Patent and Trademark Office
        P.O. Box 1450
        Alexandria, VA 22313-1450

Mail Stop
Designations            Explanation

Mail Stop 3             Mail for the Office of Personnel from NFC.

Mail Stop 6             Mail for the Office of Procurement.

Mail Stop 8             All papers for the Office of the Solicitor.

Mail Stop 11            Mail for the Electronic Ordering Service (EOS).

Mail Stop 13            Mail for the Employee and Labor Relations Division.

Mail Stop 16            Mail related to refund requests, other than
                        requests for refund of a patent application
                        publication fee. Such requests should be directed
                        to Mail Stop PGPub.

Mail Stop 17            Invoices directed to the Office of Finance.

Mail Stop 24            Mail for the Inventor's Assistance Program,
                        including complaints about Invention Promoters.

Mail Stop 171           Vacancy Announcement Applications.

Mail Stop Assignment    All assignment documents, security interests,
 Recordation Services   and other documents to be recorded in the
                        Assignment records. Note that documents with
                        cover sheets that are faxed to 571-273-0140 or
                        submitted electronically (http://epas.uspto.gov)
                        are processed much more quickly than those
                        submitted by mail.

Mail Stop Document      All requests for certified or uncertified
 Services               copies of patent or trademark documents.

Mail Stop EEO           Mail for the Office of Civil Rights.

Mail Stop External      Mail for the Office of External Affairs.
 Affairs

Mail Stop Interference  Communications relating to interferences and
                        applications and patents involved in interference.

Mail Stop M             Mail to designate or change a fee
 Correspondence         address, or other correspondence related to
                        maintenance fees, except payments of
                        maintenance fees in patents. See below for
                        the address for maintenance fee payments.

Mail Stop OED           Mail for the Office of Enrollment and Discipline.


                           Maintenance Fee Payments

   Unless submitted electronically over the Internet at www.uspto.gov, or by
facsimile, payments of maintenance fees in patents should be mailed through
the United States Postal Service.

   Mailing address if paying with a check or money order:

        United States Patent and Trademark Office
        P.O. Box 979070
        St. Louis, MO 63197-9000

   Mailing address if paying by credit card or deposit account (or by hand-
delivery):

        Director of the U.S. Patent and Trademark Office
        Attn.: Maintenance Fees
        2051 Jamieson Avenue, Suite 300
        Alexandria, Virginia 22314

   Information about the Maintenance Fee Branch may also be found on the
USPTO's web site at http://www.uspto.gov/about/offices/cfo/finance/receipts_
division.jsp.

                        Deposit Account Replenishments

   To send payment to replenish deposit accounts, send the payments through
the United States Postal Service to:

        United States Patent and Trademark Office
        P.O. Box 979065
        St. Louis, MO 63197-9000

        Or

        Director of the U.S. Patent and Trademark Office
        Attn.: Deposit Accounts
        2051 Jamieson Avenue, Suite 300
        Alexandria, VA 22314

   Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.)
may be delivered to:

        Director of the U.S. Patent and Trademark Office
        Attn.: Deposit Accounts
        2051 Jamieson Avenue, Suite 300
        Alexandria, VA 22314

   Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp
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Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Center
             Reference Collections of U.S. Patents Available for
             Public Use in Patent and Trademark Resource Center

The following libraries, designated as Patent and Trademark Resource Center
(PTRCs), provide public access to patent and trademark information received
from the United States Patent and Trademark Office (USPTO). This
information includes all issued patents, all registered trademarks, the
Official Gazette of the U.S. Patent and Trademark Office, search tools such
as the Cassis CD-ROM suite of products and supplemental information in a
variety of formats including online, optical disc, microfilm and paper.
Each PTRC also offers access to USPTO resources on the Internet and to
PubWEST (Web based examiner search tool), a system used by patent examiners
that is not available on the Internet.

Staff assistance and training is provided in the use of this information.
All information is available free of charge. However, there may be charges
associated with the use of photocopying and related services. Hours of
service to the public vary, and anyone contemplating use of these
collections at a particular library is urged to contact that library in
advance about its services and hours to avoid inconvenience.

State                   Name of Library                  Telephone Contact

Alabama                 Auburn University Libraries         (334) 844-1737
                        Birmingham Public Library           (205) 226-3620
Alaska                  Fairbanks: Keith B. Mather Library,
                        Geophysical Institute,
                        University of Alaska, Fairbanks     (907) 474-2636
Arkansas                Little Rock: Arkansas State
                        Library                             (501) 682-2053
California              Los Angeles Public Library          (213) 228-7220
                        Riverside: University of
                        California, Riverside, Orbach
                        Science Library                     (951) 827-3316
                        Sacramento: California State
                        Library                             (916) 654-0261
                        San Diego Public Library            (619) 236-5813
                        San Francisco Public Library        (415) 557-4500
                        Sunnyvale Public Library            (408) 730-7300
Colorado                Denver Public Library               (720) 865-1711
Connecticut             Fairfield: Ryan-Matura Library
                        Sacred Heart University             (203) 371-7726
Delaware                Newark: University of Delaware
                        Library                             (302) 831-2965
Dist. of Columbia       Washington: Howard University
                        Libraries                           (202) 806-7252
Florida                 Fort Lauderdale: Broward County
                        Main Library                        (954) 357-7444
                        Miami-Dade Public Library           (305) 375-2665
                        Orlando: University of Central
                        Florida Libraries                   (407) 823-2562
Georgia                 Atlanta: Library and Information
                        Center, Georgia Institute of
                        Technology                          (404) 385-7185
Hawaii                  Honolulu: Hawaii State Library      (808) 586-3477
Illinois                Chicago Public Library              (312) 747-4450
Indiana                 Indianapolis-Marion County Public
                        Library                             (317) 269-1741
                        West Lafayette Siegesmund
                        Engineering Library,
                        Purdue University                   (765) 494-2872
Iowa                    Davenport: Davenport Public Library (563) 326-7832
Kansas                  Wichita: Ablah Library, Wichita
                        State University                  1 (800) 572-8368
Kentucky                Louisville Free Public Library      (502) 574-1611
Louisiana               Baton Rouge: Troy H. Middleton
                        Library, Louisiana State University (225) 388-8875
Maine                   Orono: Raymond H. Fogler Library,
                        University of Maine                 (207) 581-1678
Maryland                Baltimore: University of Baltimore
                        Law Library                         (410) 837-4554
                        College Park: Engineering and
                        Physical Sciences Library,
                        University of Maryland              (301) 405-9157
Massachusetts           Amherst: Physical Sciences Library,
                        University of Massachusetts         (413) 545-2765
                        Boston Public Library               (617) 536-5400
                                                                 Ext. 4256
Michigan                Ann Arbor: Art, Architecture &
                        Engineering Library,
                        University of Michigan              (734) 647-5735
                        Big Rapids: Ferris Library for
                        Information, Technology &
                        Education, Ferris State
                        University                          (231) 592-3602
                        Detroit: Public Library             (313) 481-1391
Minnesota               Hennepin County Library
                        Minneapolis Central Library         (952) 847-8000
Mississippi             Jackson: Mississippi Library
                        Commission                          (601) 961-4111
Missouri                Kansas City: Linda Hall Library     (816) 363-4600
                                                                  Ext. 724
                        St. Louis Public Library            (314) 352-2900
Montana                 Butte: Montana Tech Library of
                        the University of Montana           (406) 496-4281
Nebraska                Lincoln: Engineering Library,
                        University of Nebraska-Lincoln      (402) 472-3411
Nevada                  Reno: University of Nevada, Reno,
                        Mathewson-IGT Knowledge Center      (775) 784-6500
                                                                  Ext. 257
New Jersey              Newark Public Library               (973) 733-7779
                        Piscataway: Library of Science and
                        Medicine, Rutgers University        (732) 445-2895
New Mexico              Albuquerque: University of
                        New Mexico General Library          (505) 277-4412
New York                Albany: New York State Library      (518) 474-5355
                        Buffalo and Erie County Public
                        Library                             (716) 858-7101
                        Rochester Public Library            (716) 428-8110
                        New York: New York Public Library,
                        Science Industry & Business Library (212) 592-7000
                        Stony Brook: Engineering Library,
                        State University of New York at
                        Stony Brook                         (631) 632-7148
North Carolina          Charlotte: J. Murrey Atkins
                        Library,                            (704) 687-2241
                        University of North Carolina at
                        Charlotte                           (919) 515-2935
North Dakota            Grand Forks: Chester Fritz Library,
                        University of North Dakota          (701) 777-4888
Ohio                    Akron - Summit County Public        (330) 643-9075
                        Library
                        Cincinnati and Hamilton County,
                        Public Library of                   (513) 369-6932
                        Cleveland Public Library            (216) 623-2870
                        Dayton: Paul Laurence Dunbar
                        Library, Wright State University    (937) 775-3521
                        Toledo/Lucas County Public Library  (419) 259-5209
Oklahoma                Stillwater: Oklahoma State
                        University Edmon Low Library        (405) 744-6546
Oregon                  Portland: Paul L. Boley Law Library,
                        Lewis & Clark College               (503) 768-6786
Pennsylvania            Philadelphia, The Free Library of   (215) 686-5394
                        Pittsburgh, Carnegie Library of     (412) 622-3138
                        University Park: PAMS Library,
                        Pennsylvania State University       (814) 865-7617
Puerto Rico             Bayamon: Learning Resources Center,
                        University of Puerto Rico           (787) 993-0000
                                                                 Ext. 3222
                        Mayaquez General Library,
                        University of Puerto Rico           (787) 832-4040
                                                                 Ext. 2023
                        Bayamon, Learning Resources Center,
                        University of Puerto Rico           (787) 786-5225
Rhode Island            Providence Public Library           (401) 455-8027
South Carolina          Clemson University Libraries        (864) 656-3024
South Dakota            Rapid City: Devereaux Library,
                        South Dakota School of Mines and
                        Technology                          (605) 394-1275
Tennessee               Nashville: Stevenson Science and
                        Engineering Library, Vanderbilt
                        University                          (615) 322-2717
Texas                   Austin: McKinney Engineering
                        Library, University of Texas at
                        Austin                              (512) 495-4511
                        College Station: West Campus
                        Library, Texas A & M University     (979) 845-2111
                        Dallas Public Library               (214) 670-1468
                        Houston: The Fondren Library, Rice
                        University                          (713) 348-5483
                        Lubbock: Texas Tech University      (806) 742-2282
                        San Antonio Public Library          (210) 207-2500
Utah                    Salt Lake City: Marriott Library,
                        University of Utah                  (801) 581-8394
Vermont                 Burlington: Bailey/Howe Library,
                        University of Vermont               (802) 656-2542
Washington              Seattle: Engineering Library,
                        University of Washington            (206) 543-0740
West Virginia           Morgantown: Evansdale Library,
                        West Virginia University            (304) 293-4695
Wisconsin               Wendt Commons Library,
                        University of Wisconsin-Madison     (608) 262-0696
                        Milwaukee Public Library            (414) 286-3051
Wyoming                 Cheyenne: Wyoming State Library     (307) 777-7281
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Patent Technology Centers
PATENT TECHNOLOGY CENTERS
AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
Technology
Center
GAU Avg Filing Date
1600 BIOTECHNOLOGY, AND ORGANIC CHEMISTRY
  1610 10/15/2009
  1620 01/12/2010
  1630 11/18/2009
  1640 01/24/2010
  1650 09/24/2009
  1660 10/15/2010
  TOTAL 12/09/2009
     
1700 CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS
  1710 06/07/2009
  1720 06/16/2009
  1730 12/18/2009
  1740 10/18/2009
  1750 07/07/2009
  1760 02/05/2010
  1770 11/06/2009
  1780 09/18/2009
  1790 06/07/2009
  TOTAL 10/03/2009
     
2100 COMPUTER ARCHITECTURE AND SOFTWARE
  2110 04/16/2009
  2120 05/28/2009
  2150 08/09/2009
  2160 09/18/2009
  2170 03/22/2009
  2180 09/24/2009
  2190 05/13/2008
  TOTAL 05/04/2009
     
2400 NETWORKING, MULTIPLEXING, CABLE AND SECURITY
  2420 11/18/2008
  2430 02/14/2009
  2440 07/07/2009
  2450 06/07/2009
  2460 02/05/2009
  2470 04/04/2009
  2480 09/18/2008
  2490 01/21/2009
  TOTAL 02/20/2009
     
2600 COMMUNICATIONS
  2610 06/03/2009
  2620 04/07/2009
  TOTAL 05/04/2009
     
2800   SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING
  2810 10/24/2009
  2820 10/06/2009
  2830 10/03/2009
  2840 08/31/2009
  2850 07/16/2009
  2860 09/30/2009
  2870 09/30/2009
  2880 09/21/2009
  2890 12/03/2009
  TOTAL 09/27/2009
     
     
2900    
  2910 12/12/2010
  TOTAL 12/12/2010
     
     
3600     TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
  3610 12/30/2009
  3620 06/03/2009
  3630 01/24/2010
  3640 01/30/2010
  3650 08/15/2009
  3660 06/19/2009
  3670 01/02/2010
  3680 05/01/2009
  3690 11/21/2009
  TOTAL 10/06/2009
     
3700   MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
  3710 06/13/2009
  3720 08/12/2009
  3730 05/31/2009
  3740 04/16/2009
  3750 03/29/2009
  3760 07/07/2009
  3770 05/16/2009
  3780 06/22/2009
  TOTAL 06/07/2009
     
  1 Report last updated on 10-31-11.
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Subscription/Copy Information

ELECTRONIC OFFICIAL GAZETTE
of the U.S. Patent and Trademark Office
PATENTS
(eOG:P)

The Electronic Official Gazette of the U.S. Patent and Trademark Office - Patents (eOG:P) provides the information in electronic format on CD-ROM. The eOG:P is published every Tuesday and includes bibliographic information, a representative claim, and a drawing (if applicable) of each patent issued that week. Patents are accessible by type of patent (utility, plant, etc.), classification (class or class/subclass), patentee name, and geographical location. Links enable users to "jump" to a specific patent from these various indexes. The eOG:P is sold as an annual subscription or as single copies.

Subscriptions are $430.00 per year, with single copies available for $20.00. For single copy purchases, please specify date and volume/issue number. Order forms are available in MS Word® or Adobe® Acrobat® format.

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U.S. Patent and Trademark Office
Information Products Division
RSQ - 5A22
P.O. Box 1450
Alexandria, VA 22313-1450
(571) 272-5600
or
email at
IPD@uspto.gov

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