TMEP 711.01: Time May Run from Previous Action

This is the October 2015 Edition of the TMEP

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711.01    Time May Run from Previous Action

In most cases, the six-month statutory period to respond to an Office action runs from the issuance date of the Office action. In some situations, the examining attorney’s Office action does not re-start the beginning of a statutory response period. For example, a notice that an applicant’s response was incomplete (see TMEP §718.03), or a notice that an applicant’s request for reconsideration of a final action fails to overcome a refusal or satisfy an outstanding requirement (see TMEP §715.03(c)), does not begin a new response period. In all cases in which the statutory response period runs from the date of a previous Office action, the examining attorney must include a statement to that effect in the Office action, and must omit the six-month response clause.