What constitutes an insufficient reply to an Office action in a patent application?
An insufficient reply to an Office action in a patent application is one that fails to address all the grounds of rejection or objection raised in the Office action. The MPEP 711.02(a) states:
“Where there is a detailed Office action, applicant must submit a reply addressing every ground of rejection and objection made by the examiner.”
Examples of insufficient replies include:
- Failing to respond to a rejection of some of the claims
- Not addressing all grounds of rejection for a particular claim
- Submitting amendments without an accompanying argument explaining how they overcome the rejections
An insufficient reply may result in the application being held abandoned.
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