How does the USPTO treat a bona fide but incomplete reply to a non-final Office action?

The USPTO may treat a bona fide but incomplete reply to a non-final Office action as complete under certain circumstances. According to MPEP 711.02(a):

“A reply to a non-final Office action that is bona fide but includes an omission may be treated by the examiner as complete. See MPEP § 714.03.”

This means that if an applicant makes a good faith effort to respond to the Office action but inadvertently omits addressing some minor aspect, the examiner has the discretion to consider the reply as complete. The examiner may then:

• Issue an Ex parte Quayle action if the omission is the only outstanding issue
• Allow the application if it is otherwise in condition for allowance
• Include the omitted rejection in the next Office action if a subsequent action on the merits is necessary

However, it’s important to note that this is at the examiner’s discretion, and applicants should always strive to provide complete responses to avoid potential issues.

To learn more:

• Bona fide reply
• Incomplete reply
• Non-final Office action
• Examiner discretion