MPEP § 711.02(a) — Insufficiency of Reply (Annotated Rules)
§711.02(a) Insufficiency of Reply
This page consolidates and annotates all enforceable requirements under MPEP § 711.02(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Insufficiency of Reply
This section addresses Insufficiency of Reply. Primary authority: 37 CFR 714.04. Contains: 1 permission and 1 other statement.
Key Rules
Required Content of Reply
Abandonment may result from a situation where applicant’s reply is within the period for reply but is not fully responsive to the Office action. But see MPEP § 710.02(c). See also MPEP § 714.02 to § 714.04.
Abandonment may result from a situation where applicant’s reply is within the period for reply but is not fully responsive to the Office action. But see MPEP § 710.02(c). See also MPEP § 714.02 to § 714.04.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
The reply filed on [1] is not fully responsive to the prior Office action because: [2] . Since the period for reply set forth in the prior Office action has expired, this application will become abandoned unless applicant corrects the deficiency and obtains an extension of time under 37 CFR 1.136(a) .
The date on which the petition under 37 CFR 1.136(a) and the appropriate extension fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. In no case may an applicant reply outside the SIX (6) MONTH statutory period or obtain an extension for more than FIVE (5) MONTHS beyond the date for reply set forth in an Office action. A fully responsive reply must be timely filed to avoid abandonment of this application.
Citations
| Primary topic | Citation |
|---|---|
| Required Content of Reply | 37 CFR § 714.04 |
| Required Content of Reply | MPEP § 710.02(c) |
| Required Content of Reply | MPEP § 714.02 |
| – | Form Paragraph § 7.95 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 711.02(a) — Insufficiency of Reply
Source: USPTO711.02(a) Insufficiency of Reply [R-08.2012]
Abandonment may result from a situation where applicant’s reply is within the period for reply but is not fully responsive to the Office action. But see MPEP § 710.02(c). See also MPEP § 714.02 to § 714.04.
¶ 7.91 Reply Is Not Fully Responsive, Extension of Time Suggested
The reply filed on [1] is not fully responsive to the prior Office action because: [2]. Since the period for reply set forth in the prior Office action has expired, this application will become abandoned unless applicant corrects the deficiency and obtains an extension of time under 37 CFR 1.136(a).
The date on which the petition under 37 CFR 1.136(a) and the appropriate extension fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. In no case may an applicant reply outside the SIX (6) MONTH statutory period or obtain an extension for more than FIVE (5) MONTHS beyond the date for reply set forth in an Office action. A fully responsive reply must be timely filed to avoid abandonment of this application.
Examiner Note:
- 1. In bracket 2, set forth why the examiner considers there to be a failure to take “complete and proper action” within the statutory period.
- 2. If the reply appears to be a bona fide attempt to respond with an inadvertent omission, do not use this form paragraph; instead use form paragraph 7.95.