What is the timing for responding to OAs when having submitted an advisory action?
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The Period for reply expires on :
(1) the mailing date of this Advisory Action, or
(2) the date set forth in the final rejection, whichever is later. In no event, however, will the stautory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
2 month rule, 710.02(e)
MPEP 2265: I.FINAL ACTION — TIME FOR RESPONSE
Normally, examiners will complete a response to an amendment after final rejection within 5 days after receipt thereof. In those situations where the advisory action cannot be mailed in sufficient time for the patent owner to consider the examiner’s position with respect to the amendment after final rejection (or other patent owner paper) and act on it before termination of the prosecution of the proceeding, the granting of additional time to complete the response to the final rejection or to take other appropriate action would be appropriate.
Variant on 4/27/2011 E8R8
Is that really all there is to it because that’d be fbalbergasting.
Basically you need to know two points about an Advisory Action:
(A) It does not toll the time against the 6 month rule after a Final rejection (. (B) But in the, 2 month rule/ After final rejection it is a response that will toll time to the next “time extension” payment (if the AA is submitted after the set 3 months response time).