That is correct. The proceeding has a higher threshold than current reexamination before the PTO will even undertake a review of the patent. So as a practical matter, a patent without any serious challenge to its validity would never be subject to a proceeding.
Leahy discusses the threshold for patent reexamination by the PTO.
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Do not turn your material, do not turn your reports over to the Executive Branch and let them tell you what is or is not classified.
I can say with absolute certainty that the proposed rules directly conflict with the legislation on a variety of matters, especially on provisions that limit access to the PTAB.
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