What happens if an applicant fails to reply to a non-final Office action within the period for reply?

If an applicant fails to reply to a non-final Office action within the period for reply, the application becomes abandoned. According to MPEP 711.02(a), “An application becomes abandoned if applicant ‘fails to reply’ to an office action within the fixed statutory period.” This is based on 35 U.S.C. 133. The examiner should note the failure to reply in the file wrapper and send a Notice of Abandonment to the applicant.

To learn more:

• Office action
• Abandonment
• Failure to reply
• Non-final rejection