MPEP § 711.02(a) — Insufficiency of Reply (Annotated Rules)

§711.02(a) Insufficiency of Reply

USPTO MPEP version: BlueIron's Update: 2025-12-31

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

Topic

Required Content of Reply

2 rules
MPEP GuidancePermittedAlways
[mpep-711-02-a-5101aa7ecb9ace380d6803d1]
Requirement for Fully Responsive Reply
Note:
A reply within the period must fully address the Office action to avoid abandonment.

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.

Jump to MPEP Source · 37 CFR 714.04Required Content of ReplyReply Period and ExtensionsTypes of Office Actions
MPEP GuidanceInformativeAlways
[mpep-711-02-a-c30bfca14834349eab9fa856]
Abandonment for Nonresponsive Reply
Note:
A reply within the period but not fully responsive to the Office action may lead to abandonment.

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.

Jump to MPEP Source · 37 CFR 714.04Required Content of ReplyReply Period and ExtensionsTypes of Office Actions

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.

¶ 7.91 ¶ 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.

Citations

Primary topicCitation
Required Content of Reply37 CFR § 714.04
Required Content of ReplyMPEP § 710.02(c)
Required Content of ReplyMPEP § 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.

BlueIron Last Updated: 2025-12-31