Can an examiner make a communication final when dealing with a non-responsive amendment?
Can an examiner make a communication final when dealing with a non-responsive amendment?
Yes, an examiner can make a communication final when dealing with a non-responsive amendment, if appropriate. The MPEP 714.05 states:
“If appropriate, the examiner may make the next Office action final.”
This means that if the circumstances warrant it, the examiner has the discretion to issue a final Office action in response to a non-responsive amendment. However, this decision should be made carefully, considering factors such as:
- The extent of the non-responsiveness
- The overall prosecution history
- Whether making the action final would advance prosecution
It’s important to note that making an action final limits the applicant’s ability to further amend the application without filing a Request for Continued Examination (RCE) or appealing the decision.
To learn more: