Can an examiner suggest claim amendments during an interview prior to first official action?

Yes, an examiner can suggest claim amendments during an interview prior to the first official action. The MPEP 713.02 states:

‘In appropriate circumstances, the examiner may suggest a reasonable number of potential amendments which, if presented, would appear to overcome the apparent rejections. This may be done in the spirit of a constructive approach to advance prosecution of the application.’

However, it’s important to note that:

• The examiner’s suggestions are not binding
• The applicant is not obligated to accept these suggestions
• Any amendments should be carefully considered by the applicant and their legal representative

This practice is intended to facilitate efficient prosecution and potentially resolve issues before the first official action is issued.

To learn more:

• claim amendments
• examiner suggestions
• patent interviews
• first official action