T.M.E.P. § 719
Non-Responsive Communications

Executive summary:

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719 Non-Responsive Communications

An inquiry, a request to extend the response period, or a communication on a matter unrelated to the outstanding Office action, should be treated as a "non-responsive communication," not as an incomplete response to an outstanding Office action. If the applicant files a non-responsive communication while an Office action is outstanding, the examining attorney should send the applicant a letter acknowledging receipt of the communication, noting that the communication is non-responsive, and advising the applicant that a response to the outstanding Office action must be received within six months of the mailing date to avoid abandonment. The examining attorney should perform the TRAM transaction indicating that an acknowledgment of receipt of a non-responsive communication has been sent to the applicant. If no response to the Office action is received within six months of the mailing date, the application must be abandoned for failure to respond.