Comments on: Q) 2 Month Rule for Final Office Action

By: Mattz

Mattz — Sat, 14 Apr 2012 03:07:08 +0000

You are right! here is the text from 706.07
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).

A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.

It only applies to Amendment/Reply not NOA

By: Sol

Sol — Sat, 07 Apr 2012 03:59:41 +0000

Notice of Appeal is not really a reply to the final OA, so under the NEW rules, NOA tolls the SSP and the 2-month rule no longer controls. So the Answer should be C now.

Under old rules, NOA does not toll the SSP, so 2-month rule controls, the Answer is D

But if you file arguement/amendment as a reply to the final OA, I believe the 2-month rule still controls.

I hope the answer is updated in the database.

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By: Bagelman

Bagelman — Fri, 20 Jan 2012 17:08:41 +0000

Got this 1/18/12.

Watch out for variants. I almost went with the advisory date as the date resetting the deadline but then I looked and saw that the date the advisory action was sent was BEFORE the three month statutory period was up. In that case, the deadline for responding without any fees is the end of the statutory period, not the advisory date.

By: KF

KF — Wed, 02 Nov 2011 23:18:27 +0000

Ahhh…shortened statutory period. Thank you Greg for your easy to understand explanation!

By: KF

KF — Wed, 02 Nov 2011 23:14:42 +0000

What does SSP stand for? Did the law change for this rule?

By: Greg

Greg — Tue, 11 Oct 2011 21:22:23 +0000

D is the answer!

MPEP 710.02(e), under the heading “Final Rejection-Time For Reply” states, “if an applicant initially replies within 2 months from the date of mailing of any final rejection setting a 3 month shortened statutory period for reply and the Office does not mail an Advisory Action until AFTER the end of the 3 month shortened statutory period, the period for reply for purposes of determining the amount of any extension fee will be the date on which the Office mails the Advisory Action advising the applicant of the status of the application…”