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.

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…”

Thanks chemists. I got it correct If the Advisory Action is mailed before the end of the SSP, then the SSP governs. 706.7(f)

I think I got 2 of them actually. One was when would date start for fee calculations where the Advisory Action was mailed BEFORE the 3 month (so starts at end of SSP).

Another one involved knowing that filing Notice of appeal tolls the period and starts a new deadline.

37 CFR 41.37(a) does not permit the brief to be filed within the time allowed for reply to the action from which the appeal was taken even if such time is later. Once appellant timely files a notice of appeal in compliance with 37 CFR 41.31, the time period for reply set forth in the last Office action is tolled and is no longer relevant for the time period for filing an appeal brief. For example, if appellant filed a notice of appeal within one month from the mailing of a final Office action which sets forth a 3-month shortened statutory period for reply, and then the appellant filed an appeal brief after 2 months from the filing date of the notice of appeal but within 3 months from the mailing of the final action, a petition for an extension of time for one month would be required. Similarly, if the appellant files an amendment or a request for continued examination (RCE) under 37 CFR 1.114, instead of an appeal brief, after 2 months from the filing date of the notice of appeal but within 3 months from the mailing of the final action, the petition for an extension of time would be required.

Does this sound correct?

Know all the variants on this. Mailings before/after. Submissions before/after.

In the event that the appellant finds that he or she is unable to file a brief within the time period allotted by the *>rule<, he or she may file a petition, with fee, to the Technology Center (TC), requesting additional time under 37 CFR 1.136(a). Additional time in excess of 5 months will not be granted unless extraordinary circumstances are involved under 37 CFR 1.136(b). The time extended is added to the calendar day of the original period, as opposed to being added to the day it would have been due when said last day is a Saturday, Sunday, or Federal holiday.