[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59941-59942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24022]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Exclusive License: Terahertz Scanning 
Systems for Cancer Pathology

AGENCY: National Institutes of Health, Public Health Service, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 
CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), 
Department of Health and Human Services (HHS), is contemplating the 
grant of a worldwide exclusive evaluation option license, to practice 
the inventions embodied in:

   HHS Ref. No. E-243-2010/0 ``Tetrahertz Spatial Light Modulator for Computer-Controlled Adaptive Near Field
                                         Imaging of Biological Systems''
----------------------------------------------------------------------------------------------------------------
        Patent application No.                 Territory                Filing date                Status
----------------------------------------------------------------------------------------------------------------
61/425,007...........................  US......................  December 20, 2010.......  Expired.
PCT/US2011/65734.....................  Int'l...................  December 19, 2011.......  Pending.
----------------------------------------------------------------------------------------------------------------

to Transformatix Technologies, Inc., a company incorporated under the 
laws of the State of California having its headquarters in Davis, 
California. The United States of America is the assignee of the rights 
of the above inventions. The contemplated exclusive license may be 
granted in a field of use limited to terahertz scanning systems for 
cancer pathology. Upon the expiration or termination of the exclusive 
evaluation option license, Transformatix will have the right to execute 
an exclusive patent commercialization license which will supersede and 
replace the exclusive evaluation option license with no greater field 
of use and territory than granted in the evaluation license.

DATES: Only written comments and/or applications for a license received 
by the NIH Office of Technology Transfer on or before October 16, 2012 
will be considered.

ADDRESSES: Requests for a copy of the patent application, inquiries, 
comments and other materials relating to the contemplated license 
should be directed to: Michael A. Shmilovich, Esq., CLP, Office of 
Technology Transfer, National Institutes of Health, 6011 Executive 
Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-
5019; Facsimile: (301) 402-0220; Email: [email protected]. A signed 
confidentiality nondisclosure agreement will be required to receive 
copies of any patent applications that have not been published by the 
United States Patent and Trademark Office or the World Intellectual 
Property Organization.

SUPPLEMENTARY INFORMATION: The patent applications (including any 
patents issuing therefrom or claiming priority thereto) intended for 
licensure describe and claim a terahertz (THz) imaging system that may 
overcome the limitations of existing systems by using the near-field 
effect at THz frequencies to provide micron-scale spatial resolution. 
Additionally, the THz imaging system describes a sensor head geometry 
that eliminates the requirement to mechanically scan samples, and also 
allows automatic adjustment of image resolution and transmitted power. 
The claimed system has no moving components and is therefore 
potentially suitable for medical applications such as cancer diagnosis 
of living subjects in hospital settings. In one application, such as 
``one-cut'' surgery, the compact sensor head of the system may have the 
capability of distinguishing healthy cells from cancerous cells with 
micron-scale spatial resolution by identifying a skin cancer margin 
without the need for laboratory work or the possibility of additional 
surgery.
    The prospective exclusive license will be royalty bearing and will 
comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. 
The prospective exclusive license may be granted unless, within fifteen 
(15) days from the date of this published notice, NIH receives written 
evidence and argument that

[[Page 59942]]

establishes that the grant of the license would not be consistent with 
the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
    Properly filed competing applications for a license filed in 
response to this notice will be treated as objections to the 
contemplated license. Comments and objections submitted in response to 
this notice will not be made available for public inspection, and, to 
the extent permitted by law, will not be released under the Freedom of 
Information Act, 5 U.S.C. 552.

    Dated: September 25, 2012.
Richard Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2012-24022 Filed 9-28-12; 8:45 am]
BILLING CODE 4140-01-P