715.03(a)(ii)(B) Outstanding Refusals and/or Requirements Must Be Continued, Time Remains in Response Period for Applicant to Appeal, and No Notice of Appeal Has Been Filed
The examining attorney must issue a “Request for Reconsideration Denied – No Appeal Filed – Time Remaining” (or, if appropriate, “SU – Request for Reconsideration Denied – No Appeal Filed – Time Remaining”) action if: (1) the request for reconsideration does not overcome or resolve all outstanding refusal(s) and/or requirement(s); (2) the applicant’s response does not meet the criteria under 37 C.F.R. §2.65(a)(2) for granting additional time to complete the response, because such issues cannot be resolved with additional time granted; and (3) no notice of appeal has been filed. This action must (1) acknowledge receipt of the request for reconsideration, (2) indicate that the request is denied and explain why it does not overcome or resolve the final refusal(s) and/or requirements, (3) identify the final refusal(s) and/or requirements that are maintained and continued and any that are satisfied or withdrawn, (4) advise the applicant that the time for appeal runs from the issuance date of the final Office action, (5) advise that the applicant has the remainder of the response period to comply with any outstanding refusal(s) and/or requirement(s) and/or to file a notice of appeal to the Board, and (6) omit the six-month response clause. See TMEP §705.08.
Once the examining attorney has issued a “Request for Reconsideration Denied – No Appeal Filed – Time Remaining” (or “SU – Request for Reconsideration Denied – No Appeal Filed – Time Remaining”) action, the examining attorney must abandon the application for incomplete response, using the “Abandoned Due to Incomplete Response” action, if the applicant (1) does not submit within the time remaining a complete response or a request for reconsideration that presents a new issue or new evidence significantly different from that previously provided or (2) fails to respond. The application should be abandoned due to incomplete response, and not for failure to respond, because the applicant did in fact respond to the final Office action by filing a request for reconsideration.
See TMEP §718.02(a) for information about processing an incomplete response to a partial final refusal or requirement.