How can an applicant traverse an examiner’s assertion of official notice?

To properly traverse an examiner’s assertion of official notice, an applicant must:

• Specifically point out the supposed errors in the examiner’s action
• State why the noticed fact is not considered to be common knowledge or well-known in the art

According to MPEP 2144.03:

“A mere request by the applicant that the examiner provide documentary evidence in support of an officially-noticed fact is not a proper traversal.”

It’s important to note that a general allegation that the claims define a patentable invention without addressing the examiner’s assertion of official notice is considered inadequate.

To learn more:

• official notice
• patent examination
• traversal
• applicant response