How may an examiner treat an amendment not fully responsive to a non-final Office action?
An examiner may treat an amendment not fully responsive to a non-final Office action by:
- (A) accepting the amendment as an adequate reply to the non-final Office action to avoid abandonment under 35 U.S.C. 133 and 37 CFR1.135;
- (B) notifying the applicant that the reply must be completed within the remaining period for reply to the non-final Office action (or within any extension pursuant to 37 CFR 1.136(a)) to avoid abandonment; or
- (C) setting a new time period for applicant to complete the reply pursuant to 37 CFR 1.135(c).
The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.
The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 714.03 of the MPEP. The following is a brief summary of section 714.03.
714.03 Amendments Not Fully Responsive, Action To Be Taken
This section covers what happens when an amendment contains a minor deficiency and is not fully responsive.