What happens if an applicant doesn’t traverse or inadequately traverses an 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.

If an applicant either fails to traverse an examiner’s assertion of official notice or provides an inadequate traversal, the examiner should clearly indicate this in the next Office action. According to MPEP 2144.03:

“If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate.”

In cases of inadequate traversal, the examiner should also explain why the traversal was considered inadequate. This process ensures that the record is clear regarding the status of the officially noticed fact and gives the applicant a fair opportunity to respond.