What is the purpose of repeating or referring to prior actions in patent office communications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

MPEP 707.07(e) emphasizes the importance of repeating or referring to prior actions in patent office communications. The section states:

“Every point in the prior action of an examiner which is still applicable must be repeated or referred to, to prevent the implied waiver of the requirement.”

The purpose of this practice is to ensure that applicants are fully aware of all outstanding issues and requirements. By repeating or referring to prior actions, examiners prevent the unintentional waiver of requirements and maintain a clear record of the examination process. This helps applicants address all necessary issues and promotes efficient prosecution of the patent application.