[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Notices]
[Pages 33098-33099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12967]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Prospective Grant of Co-Exclusive Licenses: Multi-Focal 
Structured Illumination Microscopy Systems and Methods

AGENCY: National Institutes of Health, HHS.

[[Page 33099]]


ACTION: Notice.

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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, is contemplating the grant of 
co-exclusive worldwide licenses to practice the inventions embodied in: 
E-005-2012/0, /1, /2; U.S. Provisional Patent Application 61/602,139 
filed February 23, 2012, U.S. Provisional Patent Application 61/732,460 
filed December 3, 2012, and International Patent Application PCT/
US2013/27413 filed February 22, 2013 to Andor Technology PLC. having a 
principle place of business in Belfast, Northern Ireland, and to 
Vutara, Inc. having a principle place of business in Salt Lake City, 
Utah.
    The United States of America is an assignee to the patent rights of 
these inventions.
    The contemplated co-exclusive license may be in a field of use 
directed to microscopy devices and systems.

DATES: Only written comments and/or applications for a license that are 
received by the NIH Office of Technology Transfer on or before August 
2, 2013 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 Shmilovich, Esq., CLP, Senior Licensing 
and Patent Manager, 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 confidential disclosure agreement may be 
required to receive copies of the patent application assuming it has 
not already been published under either the publication rules of either 
the U.S. Patent and Trademark Office or World Intellectual Property 
Organization.

SUPPLEMENTARY INFORMATION: The invention pertains to a system and 
method for digital confocal microscopy that rapidly processes enhanced 
images. In particular, the invention is a method for digital confocal 
microscopy that includes a digital mirror device or a swept-field 
confocal unit to produce a plurality of excitation foci that are imaged 
to resulting emissions from a sample mounted on a conventional 
microscope onto an array detector. Computer software detects each 
confocal spot and provides two times the image resolution of the 
diffraction limit. In addition, the software implements an optical 
sectioning technique using a variable ``digital'' pinhole for each 
confocal spot. Since the variable pinhole is digital (e.g., created by 
the software), there is no loss in image signal due to additional 
optical arrangements and tightly closed pinholes used in conventional 
confocal microscopes.
    The prospective co-exclusive licenses will be royalty-bearing and 
comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. 
The prospective co-exclusive license may be granted unless, within 60 
days from the date of this published notice, NIH receives written 
evidence and argument that 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: May 28, 2013.
Richard U. Rodriguez,
Director, Division of Technology Development and Transfer, Office of 
Technology Transfer, National Institutes of Health.
[FR Doc. 2013-12967 Filed 5-31-13; 8:45 am]
BILLING CODE 4140-01-P