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USPTO first non final rejection response

stan

USPTO first non final rejection response
« on: April 12, 2016, 09:21:12 PM »
What is the next step after received the USPTO first non final rejection.
The reviewer didn't do proper job because referenced methods he mentions are different and non comparable with ours.
1. Is the USPTO obligated to re-review the patent claims?
2. What are my chances at least one of my claims to be properly reviewed and accepted?
3. What is the USPTO common practice?

Thanks for your comments.

Brad

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Re: USPTO first non final rejection response
« Reply #1 on: April 13, 2016, 09:53:30 AM »
You can respond to the non-final office action.  You also have the option to call the examiner to request a "telephone interview" to discuss the rejections.  My advice would be to call the examiner (their number should be on the last page) and ask him/her to setup a time to speak with you over the phone about the rejections.  You can also try to meet them in person if you live near the patent office (outside of Washington DC).   

You can also request free help and guidance here:
http://www.uspto.gov/patents-getting-started/using-legal-services/pro-se-assistance-program

If you wanted to hire an attorney or agent to respond for you the typical charge is between $1,500 - $2,500.




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stan

Re: USPTO first non final rejection response
« Reply #2 on: April 23, 2016, 04:57:45 PM »
Hi Brad,
Thank you for reply. It is really helpful.

I understand that I can also file an Amendment After Non-final rejection that can include:
• Abstract
• Specification
• Claim(s)
• Drawing
• Applicant Arguments/Remarks

My last question is:
In the Amendment can I also revise the title of the patent slightly? - to make it more specific.

Thanks,
Stan

Brad

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Re: USPTO first non final rejection response
« Reply #3 on: April 24, 2016, 03:09:34 PM »
Yes.  You can request a change to the title.

My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

 

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