How does an examiner handle a submission not fully responsive to a non-final Office action?

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.

An examiner has two main options when handling a submission not fully responsive to a non-final Office action, as outlined in MPEP 2666.30:

1. Option A: Waive minor deficiencies and act on the submission.
2. Option B: Treat it as an incomplete response and notify the patent owner to complete the response within a set period.

The choice depends on the severity of the deficiency. For minor issues, the examiner may proceed with Option A. For more serious omissions, Option B is preferred, which involves issuing a written notification under 37 CFR 1.957(d) giving the patent owner a new time period (usually one month) to complete the response.