What constitutes a fully responsive reply to a non-final Office action?

A fully responsive reply to a non-final Office action must address all objections and rejections raised by the examiner. According to MPEP 714.02:

‘The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.’

This means that applicants should:

  • Respond to each rejection and objection
  • Provide specific arguments for patentability
  • Address all applied references
  • Explain how any claim amendments overcome the rejections

Failure to do so may result in the reply being considered non-responsive.

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Tags: Non Final Rejection, office action response, patent application, Patentability Arguments