What is the significance of 37 CFR 1.135(c) in relation to incomplete replies?

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.

37 CFR 1.135(c) is significant in the context of incomplete replies as it provides the legal basis for examiners to require applicants to complete their responses. MPEP 704.14(b) references this regulation:

Direct quote: “If the reply is incomplete, the examiner may, at his or her option, either act on the application (if sufficient information is available or no further information is required) or require the applicant to complete the reply pursuant to 37 CFR 1.135(c).”

37 CFR 1.135(c) states that if a reply to a non-final Office action is incomplete, the examiner may set a time period for the applicant to complete the reply. This regulation ensures that examiners have a mechanism to obtain necessary information for proper examination when an applicant’s initial reply is insufficient.