How does the USPTO count second or subsequent First Actions on the Merits (FAOM)?

The USPTO has a specific system for counting second or subsequent First Actions on the Merits (FAOM). According to MPEP 1705: “A second/subsequent FAOM usually occurs when the first action is a mailed restriction/election action and the second action is an action on the merits. The USPTO’s automated data management system will automatically determine if…

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