How can an applicant traverse an examiner’s assertion of official notice?

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.

To properly traverse an examiner’s assertion of official notice, an applicant must:

• Specifically point out the supposed errors in the examiner’s action
• State why the noticed fact is not considered to be common knowledge or well-known in the art

According to MPEP 2144.03:

“A mere request by the applicant that the examiner provide documentary evidence in support of an officially-noticed fact is not a proper traversal.”

It’s important to note that a general allegation that the claims define a patentable invention without addressing the examiner’s assertion of official notice is considered inadequate.