Can a final rejection be issued after a non-responsive amendment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. Yes, a final rejection can be issued after a non-responsive amendment if the claims are clearly open to rejection on grounds of record. The MPEP 714.04 states: However, if the claims as amended are clearly open to rejection on grounds of record, a final rejection should generally be made. This means that even if an amendment fails to point out patentable novelty, the examiner may proceed with a final rejection if: The amended claims are still rejectable based on the existing grounds of rejection No new issues are introduced that would require further consideration or search It’s important to note that while a final rejection may be issued, the examiner should still consider whether the amendment is fully responsive and may set a new time period for a proper reply if necessary. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Point Out Patentable Novelty MPEP 714.04 Recommended No New Time Period for After-Allowance Amendments MPEP 714 No New Time Period for Correcting Noncompliance MPEP 714 Time Period for Reply Continues After Final Action MPEP 714 Amendment Must Point Out Novelty MPEP 714.04 Recommended Two-Month Reply Period for Non-Final Amendment MPEP 714 Each Section of an Amendment Must Begin on a Separate Sheet MPEP 714 Required Status Identifier for Amended Claims Required MPEP 714 Required Figure Number Must Not Be Labeled as Amended MPEP 714 Prohibited Examiner May Enter Non-Compliant Amendment with Corrected Status Identifiers MPEP 714 Permitted Other Related FAQs 5 FAQs Collapse What happens if I submit a patent amendment without pointing out the patentable novelty? How can patent applicants avoid abandonment of their application? What ar...