How can I respond to a new ground of rejection in an examiner’s answer?
If the examiner’s answer includes a new ground of rejection, you have the option to respond and reopen prosecution. The MPEP provides the following guidance:
“In response to a new ground of rejection made in an examiner’s answer, appellant may file a reply in compliance with 37 CFR 1.111 that addresses the new ground of rejection within two months from the mailing of the examiner’s answer.”
This means you have two months from the mailing date of the examiner’s answer to file a reply that specifically addresses the new ground of rejection. This reply should be in compliance with 37 CFR 1.111. By doing so, you can effectively reopen prosecution and address the new issues raised by the examiner.
To learn more: